HomeMy WebLinkAboutNC0004944_Permit Issuance_20180615NPDES DOCIMENT SCANNING COVER SHEET
Permit:
NC0004944
NPDES
Document Type:
Permit Issuance--)
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Compliance
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Permit
History
Document Date:
June 15, 2018
This document its printed on reuse paper - ignore any
content on the rewersce side
ROY COOPER
Governor
f.
Water Resources
ENVIRONMENTAL OUALIFY
MICHAEL S. REGAN
Secreta,y
LINDA CULPEPPER
Interim Director
June 15, 2018
Mr. Houston Roberts
Salisbury Investments I, LLC
5320 Old Pineville Rd
Charlotte, NC 28217
Subject: Issuance of NPDES Permit NC0004944
Edge Water Treating, LLC WWTP
Rowan County
Class WW-4
Dear Mr. Roberts:
Division personnel have reviewed and approved your request to transfer ownership of the
subject permit. This permit renewal is issued pursuant to the requirements of North Carolina
General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the
U.S. Environmental Protection Agency dated. October 15, 2007 (or as subsequently amended).
This final permit includes the following significant changes from the draft permit
previously sent to Performance Fibers [the previous owner] on October 17, 2017.
➢ The owner name and facility name have been changed.
➢ The submission stormwater monitoring schedule has been updated [see Part I B. (4)
(a), Table 2].
➢ The due date for your firm to apply for a separate stormwater permit has been
provided [see Part I B. (1) c)].
➢ The BOD, TSS, and OCPSF parameter limits have been re -calculated based on the
most recent production data.
➢ The Total Copper limits were added to the permit based on the results of the
Reasonable Potential Analysis.
➢ The Nutrient Reopener for High Rock Lake Special Condition was added to the
permit (Please see Special Condition A. (5.)).
➢ Proposed federal regulations require electronic submittal of all discharge monitoring
reports (DMRs) and specify that, if a state does not establish a system to receive
such submittals, then permittees must submit DMRs electronically to the
Environmental Protection Agency (EPA). The Division anticipates that these
regulations will be adopted and is beginning implementation.
➢ The instream monitoring requirements have been reinstated since the facility
discontinued its membership in the Yadkin -Pee Dee River Basin Association.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits
The requirement to begin reporting discharge monitoring data electronically using the NC
DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added
to the permit. (Please see Special Condition A. (4.)).
The Division understands that you wish to receive wastewater from other customers and
act as a centralized wastewater treatment facility. Once you have identified all the relevant waste
streams, you must first obtain a modified NPDES permit from the Division prior to accepting or
treating any new wastewaters.
If any parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you, you have the right to an adjudicatory hearing upon written request
within thirty (30) days following receipt of this letter. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina
27699-6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The
Division may require modification or revocation and reissuance of the permit. This permit does
not affect the legal requirements to obtain any other Federal, State, or Local governmental permit
that may be required.
If you have any questions concerning this permit, please contact Dr. Sergei Chernikov at
telephone number (919) 807-6386, or via email [sergei.chernikov@ncdenr.gov].
Sincerely,
da Culp
terim Director, Division of Water Resources
cc: Central Files
NPDES files
Mooresville Regional Office/Water Quality
WSS/Aquatic Toxicology Unit (e-copy)
e-copy: EPA
Mooresville Regional Office
Daniel Maiden [danielmaiden76@yahoo.com]
Permit NC0004944
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated . and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Salisbury Investments I, LLC
is hereby authorized to discharge wastewater and stormwater from a facility located at
Edge Water Treating, LLC
7401 Statesville Blvd.
Salisbury
Rowan County
to receiving waters designated as North Second Creek in the Yadkin -Pee Dee River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth
in Parts I, II, III, and IV hereof.
The permit shall become effective July 1, 2018.
This permit and the authorization to discharge shall expire at midnight on November 30, 2022.
Signed this day June 15, 2018
,A.. &
Culpepp In Director
ion of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 20
Permit NC0004944,
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Salisbury Investments I, LLC is hereby authorized to:
1. Continue to operate an existing Class WW-4 (2.305 MGD) activated -sludge
wastewater treatment facility located at Edge Water Treating, LLC (7401
Statesville Blvd., Salisbury) in Rowan County. The treatment system referenced
herein includes the following components:
• Bar screen and grit removal;
• Chlorine contact (sanitary wastes)
• Two covered equalization tanks;
• Three aeration basins (one out -of -service);
• Anaerobic groundwater treatment unit (out -of -service);
• Three secondary clarifiers (one out -of -service);
• Three aerated polishing ponds;
• Chemical additional facilities;
• Aerobic digestion;
• Sludge dewatering; and
• Instrumented flow measurement.
2. Discharge from said treatment works through outfall 001 at the location specified
on the attached map into North Second Creek, currently a class C water in the
Yadkin -Pee Dee River Basin.
3. Continue to discharge stormwater associated with industrial activity through five
outfalls (outfalls A, B, C, D, and 5) as shown on the attached map. Modifications
to the stormwater conveyance system are authorized by this permit in accordance
with documentation to be included in the facility's Stormwater Pollution
Prevention Plan (construction activities must be authorized under NPDES
General Permit NCG010000).
Page 2 of 20
Permit NC0004944
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B.0400 et seq., 02B.0500 et seq.]
Beginning on the effective date of this permit and lasting through the expiration date, the
Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and
monitored3 by the Permittee as specified below:
PARAMETER
[eDMR Code]
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Locations
Flow [50050]
2.305 MGD
Continuous
Recording
Effluent
BOD5 [C0310]
60.0 pounds/day
149.0 pounds/day
3/Week
Composite
Effluent
NH3 as N [C0610]
23.0 pounds/day
46.0 pounds/day
Weekly
_
Composite
Effluent
Total Suspended Solids
[C0530]
96.0 pounds/day
294.0 pounds/day
3/Week
Composite
Effluent
Fecal Coliform [31616]
(geometric mean)
200/100 mL
400/100 mL
Weekly
Grab
Effluent
Dissolved Oxygen [00300]
Daily Average > 5.0 mg/L
3/Week
Grab
Effluent
Dissolved Oxygen [00300]
Monitor and report (mg/L)
See Note 1
Grab
U,D
Conductivity [00094]
Monitor and report (pmho/cm)
See Note 1
Grab
U,D
Temperature [00010]
Monitor and report (°C)
See Note 1
Grab
U,D
Total Copper [01042]
23.1 pg/L
27.3 pg/L
Monthly
Composite
Effluent
Total Mercury3 [COMER]
Monitor and report (ng/L)
Annually
Grab
Effluent
pH [00400]
> 6.0 and < 9.0 Standard Units
3/Week
Grab
Effluent
Chronic Toxicity4 [TGP3B]
Quarterly
Composite
Effluent
40 CFR 414 Subpart I
See A. (2)
Notes:
1. The permittee shall submit all discharge monitoring data electronically using the Division's eDMR
system [see A. (4)1.
2. U: upstream at least 100 feet from the outfall. D: downstream approximately eight miles from the
outfall or at Highway 601. Instream samples shall be collected three times per week during the
months of June, July, August, and September and once per week during the remaining months of
the year.
3. The facility shall use EPA method 1631E for all effluent Mercury analyses.
4. Chronic Toxicity (Ceriodaphnia) P/F @ 34% with sampling in February, May, August, November
[see A. (3)1. Toxicity monitoring shall coincide with metals monitoring.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.
ANALYTICAL DATA WHICH IS LESS THAN THE PRACTICAL QUANTITATION LEVEL SHALL BE REPORTED AS
SUCH AND CONSIDERED ZERO FOR THE PURPOSES OF CALCULATING AVERAGES.
Page 3 of 20
Permit NC0004944
A. (2.) Effluent Limitations and Monitoring Requirements- OCPSF parameters
[15A NCAC 02B.0400 et seq., 02B.0500 et seq.]
Beginning on the effective date of this permit and lasting through the expiration date, the
Permittee shall comply with the effluent limitations and monitoring frequencies established
below for Outfall 001.
All OCPSF parameters shall be Grab samples collected Annually at the Effluent
pARAgpv
e Mi Code
Acenaphthene - [34205]
•
EFFLUENT LIMIa pATIQj S:
y�Aye�ag%
0.048 pounds/day
Acenaphthylene - [34200]
0.048 pounds/day
Acrylonitrile - [34215]
8.4 pg/L
0.129 pounds/day
0.129 pounds/day
Anthracene - [CO220]
0.147 pg/L
Benzene - [34030]
0.081 pounds/day
Benzo(a)anthracene - [C0526]
1.04 pg/L
8.4 pg/L
0.147 pg/L
0.297 pounds/day
3,4-Benzofluoranthene - [C0531]
1.04 pg/L
Benzo(k)fluoranthene - [CO242]
1.04 pg/L
Benzo(a)pyrene - [CO247]
1.04 pg/L
Bis(2-ethylhexyl) phthalate - [QD100]
0.225 pounds/day
Carbon Tetrachloride - [32102]
0.039 pounds/day
Chlorobenzene - [34301]
0.033 pounds/day
Chloroethane - [85811]
0.227 pounds/day
Chloroform - [32106]
0.046
1.04 pg/L
1.04 pg/L
1.04 pg/L
1.04 pg/L
0.610 pounds/day
0.083 pounds/day
0.061 pounds/day
0.586 pounds/day
2-Chlorophenol - [34586]
0.068 pounds/day
0.214 pounds/day
Chrysene - [C0320]
1.038 pglL
1.038 pglL
Di-n-butyl phthalate - [39110]
0.059 pounds/day
0.125 pounds/day
1,2-Dichlorobenzene - [34536]
0.168 pounds/day
0.356 pounds/day
1,3-Dichlorobenzene - [34566]
0.068 pounds/day
0.096 pounds/day
1,4-Dichlorobenzene - [34571]
0.033 pounds/day
0.061 poundslday
1,1-Dichloroethane - [34496]
0.048 pounds/day
0.129 pounds/day
1,2-Dichloroethane - [32103]
0.149 pounds/day
0.461 pounds/day
1,1-Dichloroethylene - [34501]
0.035 pounds/day
0.055 pounds/day
1,2-trans-Dichloroethylene - [34546]
0.046 pounds/day
0.118 pounds/day
2,4-Dichlorophenol - [34601]
0.085 pounds/day
0.245 pounds/day
1,2-Dichloropropane - [QD541]
0.334 pounds/day
0.503 pounds/day
1,3-Dichloropropylene - [77163]
0.063 pounds/day
0.096 pounds/day
Diethyl phthalate - [34336]
0.177 pounds/day
0.444 pounds/day
2,4-Dimethylphenol - [34606]
0.039 pounds/day
0.079 pounds/day
Dimethyl phthalate - [34341]
0.042 pounds/day
0.103 pounds/day
4,6-Dinitro-o-cresol - [34657]
0.170 pounds/day
0.605 pounds/day
Page 4 of 20
Permit NC0004944
2,4-Dinitrophenol - [34616]
0.155 pounds/day
0.269 pounds/day
2,4-Dinitrotoluene - [34611]
0.247 pounds/day
0.623 pounds/day
2,6-Dinitrotoluene - [C0826]
23.8 Ng1L
23.8 pg/L
Ethylbenzene - [34371]
0.070 pounds/day
0.236 pounds/day
Fluoranthene - [C0376]
0.322 pg/L
0.322 pg/L
Fluorene - [34381]
0.048 pounds/day
0.129 poundslday
Hexachlorobenzene - [C0700]
0.01 Ng/L
0.01 pglL
Hexachlorobutadiene - [39702]
0.044 pounds/day
0.107 pounds/day
Hexachloroethane - [QD396]
0.046 pounds/day
0.118 poundslday
Methyl Chloride - [34418]
0.188 pounds/day
0.415 pounds/day
Methylene Chloride - [34423]
0.087 pounds/day
0.194 poundslday
Naphthalene - [34696]
0.048 pounds/day
0.129 poundslday
Nitrobenzene - [34447]
0.059 pounds/day
0.149 pounds/day
2-Nitrophenol - [34591]
0.090 pounds/day
0.151 pounds/day
4-Nitrophenol - [34646]
0.157 pounds/day
0.271 pounds/day
Phenanthrene - [34461]
0.048 pounds/day
0.129 pounds/day
Phenol - [34694]
0.033 pounds/day
0.057 pounds/day
Pyrene - [34469]
0.055 pounds/day
0.146 pounds/day
Tetrachloroethylene - [34475]
0.048 pounds/day
0.122 pounds/day
Toluene - [34010]
0.057 pounds/day
0.175 pounds/day
1,2,4-Trichlorobenzene - [QD551]
0.149 pounds/day
0.306 pounds/day
1,1,1-Trichloroethane - [34506]
0.046 pounds/day
0.118 pounds/day
1,1,2-Trichloroethane-[34511]
0.046 pounds/day
0.118 poundslday
Trichloroethylene - [39180]
0.046 pounds/day
0.118 pounds/day
Vinyl Chloride - [39175]
0.227 pounds/day
0.586 pounds/day
Total Chromium - [QD034]
2.425 pounds/day
Total Chromium - [C0034]
146.5 pg/L
Total Cyanide - [00720]
14.65 pg/L
57.3 pg/L
Total Lead - [01051]
8.62 Ng1L
196.7 NglL
Total Nickel - [01067]
109.1 pg/L
873.8 pg/L
Total Zinc - [01092] •
2.294 pounds/day
5.703 pounds/day
A. (3.) Chronic Toxicity Pass/Fail Limit (Quarterly)
[15A NCAC 02B.0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or
significant mortality to Ceriodaphnia dubia at an effluent concentration of 34.0%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures
outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised
December 2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent
Page 5 of 20
Permit NC0004944
Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. The tests will be
performed during the months of February, May, August, and November. These months
signify the first month of each three-month toxicity testing quarter assigned to the facility.
Effluent sampling for this testing must be obtained during representative effluent discharge
and shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
If the test procedure performed as the first test of any single quarter results in a
failure or ChV below the permit limit, then multiple -concentration testing shall be
performed at a minimum, in each of the two following months as described in "North
Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December
2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the
Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed,
using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value.
Additionally, DWR Form AT-3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical
measurements and all concentration/response data, and be certified by laboratory
supervisor and ORC or approved designate signature. Total residual chlorine of the effluent
toxicity sample must be measured and reported if chlorine is employed for disinfection of the
waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity
monitoring is required, the permittee will complete the information located at the top of the
aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number,
county, and the month/year of the report with the notation of "No Flow" in the comment area
of the form. The report shall be submitted to the Water Sciences Section at the address cited
above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month. Assessment of toxicity compliance is
based on the toxicity testing quarter, which is the three month time interval that begins on
the first day of the month in which toxicity testing is required by this permit and continues
until the final day of the third month.
Should any test data from this monitoring requirement or tests performed by the North
Carolina Division of Water Resources indicate potential impacts to the receiving stream, this
permit may be re -opened and modified to include alternate monitoring requirements or
limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as
minimum control organism survival, minimum control organism reproduction, and
Page 6 of 20
Permit NC0004944
appropriate environmental controls, shall constitute an invalid test and will require
immediate follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
A. (4.) ELECTRONIC REPORTING OF MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs)
and program reports. The final NPDES Electronic Reporting Rule was adopted and became
effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II
of this permit (Standard Conditions for NPDES Permits):
• Section B. Signatory Requirements
(11.)
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports.
1. Reporting Requirements. 'Supersedes Section D. (2.) and Section E. (5.1 (all
The permittee shall report discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
Until such time that the state's eDMR application is compliant with EPA's Cross -Media
Electronic Reporting Regulation (CROMERR), permittees will be required to submit all
discharge monitoring data to the state electronically using eDMR and will be required to
complete the eDMR submission by printing, signing, and submitting one signed original
and a copy of the computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES electronic
reporting requirements may be granted and discharge monitoring data may be submitted
on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due on the last day of the month
following the issuance of the permit or in the case of a new facility, on the last day of the
month following the commencement of discharge.
Page 7 of 20
Permit NC3004944 . ,
Starting on December 21, 2020, the permittee must electronically report the following
compliance monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to
Request a Waiver from Electronic Reporting" section below) .
2. Electronic Submissions
In accordance with 40 CFR 122.41(1) (9), the permittee must identify the initial recipient at
the time of each electronic submission. The permittee should use the EPA's website
resources to identify the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means
the entity (EPA or the state authorized by EPA to implement the NPDES program) that is
the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting
tool for each type of electronic submission and for each state. Instructions on how to
access and use the appropriate electronic reporting tool will be available as well.
Information on EPA's NPDES Electronic Reporting Rule is found at:
https:/ /www.federalregister.gov/ documents / 2015 / 10 / 22 / 2015-249 54 / national-
pollutant-discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements"
section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and is
granted a new temporary electronic reporting waiver by the Division. Approved electronic
reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the
period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are
found on the following web page:
http: / /deq.nc.gov/about/divisions/water-resources/edmr
Page 8 of 20
Permit NC0004944
4. Signatory Requirements [Supplements Section B. (11.) [b) and Supersedes Section B.
(11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part II, Section B. (11.) (a) or by a duly authorized representative of that
person as described in Part II, Section B. (11.) (b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system
shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.11
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years
from the date of the report. This period may be extended by request of the Director at any
time [40 CFR 122.41].
A. (5.) NUTRIENT REOPENER for HIGH ROCK LAKE
[G.S. 143-215.1(b)]
This permit may be reopened and modified to implement nutrient requirements in
accordance with any future TMDL and/or nutrient management strategy for High Rock Lake.
Page 9 of 20
Permit NC00049444
Part I. Section B.
1. FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES
During the period beginning on the effective date of the permit and lasting until the facility begins coverage under
an industrial stormwater permit, the permittee is authorized to discharge stormwater from outfalls A, B, C, D, and
5. Such discharges shall be controlled, limited and monitored as specified below.
a) STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and continue to update a Stormwater Pollution Prevention Plan (SPPP), herein after
referred to as the Plan. The Plan shall be considered public information and shall include, at a minimum, the
following items:
(1) Site Overview. The site overview shall provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of stormwater discharges. The
site plan shall contain the following.
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing
the facility's location in relation to transportation routes and surface waters, the name of the
receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal
separate storm sewer system, the name of the municipality and the ultimate receiving waters, and
accurate latitude and longitude of the point(s) of discharge. The general location map (or
alternatively the site map) shall identify whether each receiving water is impaired (on the state's
303(d) list of impaired waters) or is located in a watershed for which a TMDL has been
established, and what the parameter(s) of concern are.
A narrative description of storage practices, loading and unloading activities, outdoor process areas,
dust or particulate generating or control processes, and waste disposal practices. A narrative
description of the potential pollutants which could be expected to be present in the stormwater
discharge from each outfall.
(b)
(c) A site map drawn to scale (including a distance legend and north arrow) showing. the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands,
industrial activity areas (including storage of materials, disposal areas, process areas, loading and
unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas
for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage
area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage
of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3)
previous years and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The permittee shall re -certify annually that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. The certification statement will be
signed in accordance with the requirements found in Part II, Standard Conditions, Section B,
Paragraph 11. The permittee shall re -certify annually that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges.
(2) Stormwater Management Strategy. The stormwater management strategy shall contain a narrative
description of the materials management practices employed which control or minimize the exposure of
Page 10 of 20
Permit NC0004944
significant materials to stormwater, including structural and nonstructural measures. The stormwater
management plan, at a minimum, shall incorporate the following.
(a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and processes to
stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material
handling operations, and manufacturing or fueling operations. In areas where elimination of
exposure is not practical, the stormwater management plan shall document the feasibility of diverting
the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is required for.
bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount
of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff.
A table or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually activated valves or
other similar devices (which shall be secured dosed with a locking mechanism), and any stormwater
that accumulates in the containment area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any material. Records
documenting the individual making the observation, the description of the accumulated stormwater,
and the date and time of the release shall be kept for a period of five (5) years. For facilities subject
to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC
Plan fully compliant with the requirements of this permit may be used to demonstrate compliance
with.this permit. The Division may allow exceptions to secondary containment requirements for
mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as
long as appropriate spill containment and/or diversionary structures or equipment is used to prevent
discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used
primarily as bulk liquid material storage in a fixed location in place of stationary containers.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP)
shall be provided. The installation and implementation of BMPs shall be based on the assessment of
the potential for sources to contribute significant quantities of pollutants to stormwater discharges
and data collected through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the selected site BMPs.
The BMP Summary shall be reviewed and updated annually.
(3)
Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall
incorporate an assessment of potential pollutant sources based on a materials inventory of the facility.
Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written
list incorporated into the SPRP and signed and dated by each individual acknowledging their
responsibilities for the plan. A responsible person shall be on -site at all times during facility operations
that have the potential to contaminate stormwater runoff through spills or exposure of materials
associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil
Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may
not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of
the SPCC with the SPRP may be incorporated by reference into the SPRP.
(4) Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and
good housekeeping program shall be developed. The program shall list all stormwater control systems,
stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity
areas (including material storage areas, material handling areas, disposal areas, process areas, loading and
unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The
Page 11 of 20
Permit NC0004944 •
(5)
program shall establish schedules of inspections, maintenance, and housekeeping activities of
stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a
potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and
regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance
with the established schedules for inspections, maintenance, and housekeeping shall be recorded in
writing and maintained in the SPPP.
Employee Training. Training programs shall be developed and training provided at a minimum on an
annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative
maintenance activities, and for any of the facility's operations that have the potential to contaminate
stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be
identified, and their annual training shall be documented by the signature of each employee trained.
(6) Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s)
responsible for the overall coordination, development, implementation, and revision to the Plan.
Responsibilities for all components of the Plan shall be documented and position assignments provided.
(7) SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a
change in design, construction, operation, or maintenance which has a significant effect on the potential
for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention
Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated
list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no
spills have occurred. The annual update shall include written re -certification that the stormwater outfalls
have been evaluated for the presence of non-stormwater discharges. The annual update shall include a
documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the
Stormwater Management Strategy. The annual update shall also include a review and comparison of
sample analytical data to benchmark values over the past year, including a discussion about Tiered
Response status.
The Director may notify the permittee when the Plan does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to
the Director for modifying the Plan to meet minimum requirements. The permittee shall provide
certification in writing (in accordance with Part II, Standard Conditions, Section B, Paragraph 11 to the
Director that the changes have been made.
(8) Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the
Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule,
once during the first half of the year (January to June), and once during the second half (July to
December), with at least 60 days separating inspection dates (unless performed more frequently than
semi-annually). These facility inspections are different from, and in addition to, the stormwater
discharge characteristic monitoring required in Section B. 1. b) (8) — Qualitative Monitoring below.
(9) SPPP Implementation. The permittee shall implement the Plan. Implementation of the Plan shall
include documentation of all monitoring, measurements, inspections, maintenance activities, and
training provided to employees, including the log of the sampling data and of actions taken to
implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such
documentation shall be kept on -site for a period of five years and made available to the Director or the
Director's authorized representative immediately upon request.
b) MINIMUM MONITORING AND REPORTING REQUIREMENTS
(1) Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
samples shall be collected from a discharge resulting from a measureable storm event. The required
Page 12 of 20
Permit NC0004944
monitoring will result in a minimum of six (6) analytical samplings being conducted over the term of the
permit at each stormwater discharge outfall (SDO).
A measurable storm event is a storm event that results in an actual discharge from the permitted site
outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm
interval does not apply if the permittee is able to document that a shorter interval is representative for local
storm events during the sampling period, and the permittee obtains approval from the local Regional Office
Supervisor.
(2) If the stormwater is controlled by a detention pond, and that pond discharges only in response to a
storm event exceeding a 25-year, 24-hour storm, the pond shall be considered a non -discharging
stormwater control system and not subject to NPDES requirements, unless the discharge causes a
violation of water quality standards.
(3) Stormwater samples analyzed in accordance with the terms of this permit shall be submitted on forms
provided by the Director. The permittee must report the results . from all samples taken within the
monitoring period as specified in the Standard Conditions of this permit, and as supplemented or
superseded by electronic DMR reporting requirements in Part I, Section A(4.). For purposes of
benchmark comparison and Tiered response actions, the permittee shall use the analytical results from
the first sample with valid results within the monitoring period.
(4) Specific monitoring requirements:
(a) Monitoring in Table 1 applies to all of the stormwater discharges associated with industrial activity
that discharge to the surface waters of the state.
equirements
Discharge
Characteristics
Units
Measurement
Frequency)
Sample
Type2
Sample
Location3
Total Suspended Solids
mg/L
semi-annual
Grab
SDO
Biological Oxygen Demand (BOD), 5-
day, 20 0C
mg/L
semi-annual
Grab
SDO
Non -polar Oil and Grease, by EPA
Method 1664 (SGT-HEM)
mg/L
semi-annual
Grab
SDO
Total Nitrogen (TN)4
mg/L
semi-annual
Grab
SDO
Total Phosphorus ('11')4
mg/L
semi-annual
Grab
SDO
pH
standard
semi-annual
Grab
SDO
Total Rainfalls
inches
semi-annual
Rain Gauge
-
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event.
2 Grab samples shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status has been granted.
4 The permittee may discontinue monitoring for TN and TP after four (4) consecutive samples if all values
are below the benchmarks in Table 4.
5 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain
gauge or local rain gauge reading must be recorded.
Page 13 of 20
Permit NC0004944 .
The permittee shall complete the analytical samplings in accordance with the schedule specified below in
Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Stormwater
Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60
days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted
under a Tier Two response. Inability to sample because of adverse weather conditions must be documented
in the SPPP and recorded on the DMR.
Table 2. Monitorinj Schedule
Monitoring periodl
Sample Number
Start
. End
Year 1— Period 1
1
July 1, 2018
December 31, 2018
Year 1— Period 2
2
January 1, 2019
June 30, 2019
Year 2 — Period 1
3
July 1, 2019
December 31, 2019
Year 2 — Period 2
4
January 1, 2020
June 30, 2020
Year 3 — Period 1
5
July 1, 2020
December 31, 2020
Year 3 — Period 2 and
During Renewal Process2
6+
January 1, 2021
March 31, 2021
Footnotes:
1 If no discharge occurs during the sampling period, the permittee must record "No Flow" on a monitoring
report within 30 days of the end of the sampling period and maintain this record in the SPPP.
2 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual
monitoring until the renewed permit is issued or a separate NPDES Stormwater Permit is issued.
(b)
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform analytical
monitoring as specified below in Table 3. This monitoring shall be performed at all stormwater
discharge outfalls which discharge stormwater runoff from vehide maintenance areas, in accordance
with the schedule presented in Table 2. All analytical monitoring shall be performed during a
measureable storm event.
Table 3. Analytical Monitoring Requirements for On-
Discharge Characteristics
Units
.e.... . vaiaViV 1ViN1116,.1j
Measurement
Frequency)
Qllt.,u
Sample
Type2
Sample
Location3
pH
standard
semi-annual
Grab
SDO
Non -polar Oil and Grease, by EPA
Method 1664 (SGT-HEM)
mg/1
semi-annual
Grab
SDO
Total Suspended Solids (TSS)
mg/1
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
-
New Motor. Oil Usage
gallons/month
semi-annual
Estimate
-
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event, for each year until either
another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for
schedule of monitoring periods through the end of this permitting cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from
the pond shall be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehide maintenance activities occur.
Page 14 of 20
O
Permit NC0004944
4 For each sampled measureable storm event the total precipitation must be recorded. An on -site or local
rain gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 4. The benchmark values in Table 4
are not permit limits but should be used as guidelines for the permittee's SPPP. Exceedances of benchmark
values require the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices (BMPs), as provided in 3. below.
(5) The permittee shall report the analytical results from each sample within the monitoring period. The
permittee shall compare monitoring results to the benchmark values in Table 4. The benchmark values
in Table 4 are not permit limits but should be used as guidelines for the permittee's Stormwater
Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase
monitoring, increase management actions, increase record keeping, and/or install stormwater Best
Management Practices (BMPs) in a tiered program. See the descriptions of Tier One and Tier Two.
Table 4. Benchmark Values for Analytical Monitorin
Discharge Characteristics
Units
Benchmark
Total Suspended Solids (TSS)
mg/L
100
Biological Oxygen Demand (BOD)
mg/L
30
Non -polar Oil and Grease, by EPA
Method 1664 (SGT-HEM)
mg/L
15
Total Nitrogen
mg/L
30
Total Phosphorus
mg/L
2
pH
standard
6 - 9
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any
parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential and select the specific: source controls, operational controls, or physical improvements
to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark
range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stormwater,Pollution Prevention Plan. Include the
date and value of the benchmark exceedance, the inspection date, the personnel conducting the
inspection, the selected actions, and the date the selected actions were implemented.
Tier Two
If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods are
above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific
discharge outfall;
Page 15 of 20
Permit NC0004944
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a sampling result
exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative)
monitoring shall continue until three consecutive sample results are below the benchmark values or
within the benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to record "No Flow" on a
monthly monitoring report to comply with reporting requirements.
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed
the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on
four occasions, the permittee shall notify the DWR Regional Office Supervisor in writing within 30 days of
receipt of the fourth analytical results. DWR may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for the remainder of the
permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure Exclusion.
(6) If a facility is required to sample multiple stormwater discharge locations, the permittee may petition the
Director to sample at a reduced number of outfalls. These outfalls would be granted "Representative
Outfall Status" (ROS). DWR may grant Representative Outfall Status if discharges from a single outfall
are representative of discharges from multiple outfalls. Approved ROS will reduce the number of
outfalls where analytical sampling requirements apply. Qualitative observations shall be recorded for all
outfall locations.
(7) This site discharges to impaired waters experiencing problems with nutrient loading (High Rock Lake
watershed). If a Total Maximum Daily Load (TMDL) is approved for this segment of North Second
Creek or High Rock Lake, the permittee may be required to monitor for the pollutant(s) of concern in
the future and submit results to the Division of Water Resources. The Division will consider the
monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of
concern to the maximum extent practicable.
If additional BMPs are needed to achieve the required level of control, the permittee will be required to
(1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation
of those BMPs into the permitted Stormwater Pollution Prevention Plan.
(8) Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified in Table 5, during the analytical
monitoring event. [If analytical monitoring is not required, the permittee still must conduct semi-annual
qualitative monitoring.] Qualitative monitoring is for the purpose of evaluating the effectiveness of the
Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution.
Table 5. Qualitative Stormwate
Discharge Characteristics
Frequency1
Monitoring Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Page 16 of 20
Permit NC0004944
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semiannual
SDO
_
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators of stormwater
pollution
semi-annual
SDO
Footnotes:
1 Measurement Frequency: Twice per year during a measureable storm event, for each year until either
another permit is issued for this facility or until this permit is revoked or rescinded. The applicant must
continue semi-annual monitoring until the renewed permit is issued or a separate NPDES Stormwater
Permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
In the event an atypical condition is -noted at a stormwater discharge outfall, the permittee shall document the
suspected cause of the condition and any actions taken in response to the discovery. This documentation will
be maintained with the SPPP.
(9) The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWR's specific requirement to
do so.
c) REQUIREMENT TO APPLY FOR SEPARATE STORMWATER PERMIT
The permittee is not authorized to discharge stormwater after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as
are required by the agency authorized to issue permits no later than 180 days prior to the expiration date,
unless permission for a later date has been granted by the Director. (The Director shall not grant permission
for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)].
The permittee must apply separately to the North Carolina Division of Energy, Mineral, and Land
Resources (DEMLR) Stormwater Program for a separate NPDES Stormwater Discharge Permit no
later than June 3.2022.
d) RECORDS RETENTION
Along with the Stormwater Pollution Prevention Plan (SPPP), qualitative monitoring shall be documented
and records maintained at the facility. Copies of analytical monitoring results shall also be maintained on -site.
The permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
d) BYPASSING OF STORMWATER CONTROL FACILITIES
Bypass is prohibited, and the Director may take enforcement action against a permittee for bypass unless:
Page 17 of 20
Permit NC0004944 •
(1) The bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention
of stormwater or maintenance during normal periods of equipment downtime or dry weather. This
condition is not satisfied if adequate backup controls should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under, Part III, Section C of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
e) Stormwater Definitions
(1) Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When
adverse weather conditions prevent the collection of samples during the sample period, the permittee must
take a substitute sample or perform a visual assessment during the next qualifying storm event.
Documentation of an adverse event (with date, time and written narrative) and the rationale must be
included with SPPP records. Adverse weather does not exempt the permittee from having to file a
monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must
also be explained and reported on the relevant DMR.
(2) Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take
the form of a process, activity, or physical structure. More information on BMPs can be found at:
http: / /www. epa.gov/npdes /national-menu-best-managemen t-practices-bmps-stormwater#edu.
(3) Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers having a total storage capacity of greater than 1,320 gallons.
(4) Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
(5) No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff.
Industrial materials or activities indude, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste
products. DWR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements
only if a facility complies with the terms and conditions described in 40 CFR §122.26(g)
(6) Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm events
during the sampling period, and obtains approval from the local Regional Office Supervisor in writing.
(7) Point Source Discharge of Stormwater
Page 18 of 20
Permit NC0004944
Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal
feeding operation from which pollutants are or may be discharged via stormwater to waters of the state.
(8) Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of
the discharges at multiple outfalls, the DWR may grant representative outfall status. Representative
outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
(9) Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year, 24-hour storm event.
(10) Section 313 Water Priority Chemical
A chemical or chemical category which:
(a)
(b)
(c)
Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also tided the Emergency Planning and Community Right -to -
Know Act of 1986;
Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
That meets at least one of the following criteria:
(i)
(ii)
(�)
Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants),
Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
Is listed as a hazardous substance pursuant to section 311(b) (2) (A) of the CWA at 40 CFR
116.4; or
Is a pollutant for which EPA has published acute or chronic water quality criteria.
(11) Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required
to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater discharges.
(12) Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
(13) Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which
is directly related to manufacturing, processing or raw material storage areas at an industrial site.
Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR
122.26(b)(14). The term does not include discharges from facilities or activities excluded from the
NPDES program.
(14) Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
Page 19 of 20
Permit NC0004944
(15) Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or
as a result of snowmelt.
(16) Total Flow
The flow corresponding to the time period over which the sample collection occurs. The total flow
calculated based on the size of the area draining to the outfall, the amount of the built -upon
(impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the
sampling period.
(17) Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be
found at http://deq.nc.gov/about/divisionslwater-resources/planning/modeling-assessment/tmdls.
(18) Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle leaning operations, or
airport deicing operations.
(19) Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
(20) 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in
25 years.
Page 20 of 20
SW Outfall D
Edge Water Treating, LLC - NC0004944
USGS Quad Name: Salisbury
Receiving Stream: North Second Creek
Stream Class: C
Subbasin: Yadkin - 030706
Lat.: 35°42'40"
Long.: 80°36'10"
\'` f/
Facility
Location
•
Not to SCALE
See Addendum
This instrument was prepared by:
Henry O. Boenning, Esquire
Archer & Greiner
A Professional Corporation
One Centennial Square
Haddonfield, NJ 08033
After recording return to:
IArk. PQirnee Thca?al P D i)_
1300 F 4e, 3Q
C. Ae 8
Parte ) u' ben 331* Obi, 1a3 Oar,
Sal 01q; ITO 0oa, Obt, SD o30
Excise Tax: $ 5,1004.00
Type: CONSOLIDATED REAL PROPERTY
Recorded: 4/6/2018 12:28:28 PM
Fee Amt: $5,662.00 Page 1 of 24 -
Revenue Tax: $5,600.00
Rowan, NC
J. E. Brindle Register of Deeds
BK 1307 PG 44
The above space reserved for Recorder's use only.
Dt tti'noluenv' +04,Ye3, i 4ant, ,4o be pod bj The
Gas trio) Ot}iornej 40-Mc Courviy -how Co%kc.{vr upon
dt� bun amen+ 04. c4:6 in prt eels
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made as of the Gth day of April , 2018,
by and between David W. Carickhoff, solely as chapter 7 trustee of the BANKRUPTCY
ESTATES OF DURAFIBER TECHNOLOGIES (DFT) INC., ET AL (including but not limited
to DuraFiber Technologies (DFT) Operations, LLC, a Delaware limited liability company (f/k/a
Performance Fibers Operations, LLC) ("Grantor"), and SALISBURY INVESTMENTS I, LLC, a
North Carolina limited liability company ("Grantee"), whose mailing address is 5320 Old
Pineville Road, Charlotte, North Carolina 28217.
WITNESSETI I, that Grantor, for and in consideration of the sum of Ten and No/100
Dollars in hand paid by Grantee, the receipt whereof is hereby acknowledged, by these presents
does GRANT, BARGAIN, SELL, REMISE, RELEASE AND CONVEY unto Grantee, and to its
successors and assigns, FOREVER, the following described real estate, situated in the County of
Rowan and State of North Carolina known and described as follows, to wit:
See Exhibit "A" attached hereto and made a part hereof
This conveyance is made pursuant to that certain Sale Order, attached hereto as
Exhibit "B", dated March 5, 2018, by the Honorable Christopher S. Sontchi, in connection with
Case No. 17-12143 under chapter 7 of the Unitcd States Bankruptcy Codc, 11 U.S.C. §§ 101, et
seq., in the United States Bankruptcy Court for the District of Delaware, with respect to which
case the Trustee was appointed as chapter 7 trustee on October 11, 2017, pursuant to section
701(a) of the Bankruptcy Code.
Submitted electronically by "Wyatt Carly Harris Wheeler LLP"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Rowan County Register of Deeds.
3ook: 1307 Wage: 44 Page 1 of 24
Together with all of Grantor's right, title and interest in the improvements, hereditaments,
easements and appurtenances thereunto belonging, or in anyway appertaining, and the reversion
and reversions, remainder and remainders, rents, issucs and profits thereof, and all the estate,
right, title, interest, claim or demand whatsoever, either in law or equity of, in and to the above
described premises, with the improvements, hereditaments, easements and appurtenances
(collectively, the "Property"): TO IIAVE AND TO HOLD the Property, unto Grantee, its
successors and assigns forever.
And Grantor, for itself, and its successors, does covenant, promise and agree, to and with
Grantee, its successors and assigns, that it has not done or suffered to be done, anything whereby
the said premises hereby granted are, or may be, in any manner encumbered or charged, and
WILL WARRANT AND DEFEND solely against all persons lawfully claiming or to claim the
same, by through or under it, and not otherwise.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
2
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IN WITNESS WHEREOF, Grantor has caused this instrument to be signed as of the day
and year first above written.
BANKRUPTCY ESTATES OF
DURAFIBER TECHNOLOGIES (DFT)
INC., ET AL (including but not limited to
DuraFiber Technologies (DFT) Operations,
LLC, a Delaware limited liability company
(f/k/a Performance Fibers Operations, LLC)
Bv'
David W. Cari
chaptcr 7 trust
Send subsequent tax bills to:
Attention: Houston Roberts
Salisbury Investments I, LLC
5320 Old Pineville Road
Charlotte, NC 28217
STATE OF TOGIAA-Vire---
:ss.
COUNTY OF I1ISzt:
lyas
BE IT REMEMBERED that on this L414`day of , 2018, before me, the
subscriber, the undersigned authority, personally appeared, avid W. Carickhoff, solely as
chapter 7 trustee of the BANKRUPTCY ESTATES OF DURAFIBER TECHNOLOGIES (DFT)
INC., ET AL (including but not limited to DuraFiber Technologies (DFT) Operations, LLC, a
Delaware limited liability company (Vida Performance Fibers Operations, LLC), and I am
satisfied that he is the person who signed the within instnumcnt, as chapter 7 trustee, and he
acknowledged that he signed and delivered the same as aforesaid, and that the within instrument
is the voluntary act and deed of David W. Carickhoff, solely as chapter 7 trustee of the
BANKRUPTCY ESTATES OF DURAFIBER TECHNOLOGIES (DFT) INC., ET AL
(including but not limited to DuraFiber Technologies (DFT) Operations, LLC, a Delaware
limited liability company (f/k/a Performance Fibers Operations. LLC).
Witness my hand and seal.
S. ALEXANDER FARIS, ESQ.
ATTORNEY AT- AW
Notary Public State of Delaware
Pursuant to 29 DeI.C.§4323(a)(3)
Commission Has No Expiration Date
214205062v1
3
NotPublic
Printed Name:
S. ((IS
My Commission Expires: V"fA-
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Exhibit "A"
Lying and being situate in Rowan County, North Carolina, and being more particularly described as
follows:
PARCEL 1:
BEGINNING at a point in the :centerline of the Western Carolina Railroad and the
northern.odge.of the pavement of US Highway 70 (said point bcing.S 76-45 W 1,259A
fat from a point at the intcriection or the centerline of Highway 801. and the Northern
edge of tho pavement of US HigltwoY70); thci+oa with. the centerline' of. thc Weatem.
North Caivllna -Railroad, . N 70-27 W ' 176,5 foot to a point Inshe centerline of said
ratted; thence S 5-58 W.'cioulfm new Highway -70 and partially *lathe tine of
L.A. Hilderbrand (now or formerly) and partially with .the Western.stdo:of Hildetbrand
Road 1,099 foes to as iron pipe In 1111de:brand Road, LA. llflderbread's comer (now or.
formerly); thence with .the line of LA. Hlldetbrank (now or fornitxly) .end *T:1I.
Hildetbrand. (now or fomtucrly), S 87.17 0.912.2 fret to a concrete • monument, T.H.
H11derbnand's coma (now or formerly) on the South side of a farm road; (hence throe
Ilnea with T.II. Ilfderbra» d (now or formerly) as follows: (I)S 2-44 2 3,303 feet to a
concrete monurnent,.(2) S 64-41 t 363 feet to a oonada monument, and (3) S 86-33 B.
posing: ova a concrete monument at 3,090 feet, a total distance of 3,130 foot, mans or.
ton point in ilia acnterlirin. of Second Creek; thence with the canieritne of Second
Creek. in a Northeasterly direction 1,703 feet, atom or las: to a point In the orate. of
Second C e.ek. Powles' corner ( slow or fortncrly); thaate two lines with Powiru (ctow•or
formerly) as --follows: (1)•N 31.54-W, passing over a concrtna:Monument at a distance of
40 feet, a total distance of 2,173.6 foe, more or less, Id a-concneto mecumcnt. and (2) N:
38.54E 39946rfeet to o,pob% In the centezlinc of the Western North Carolina Railroad;
chance with the cattail= of the Western North Cnsollna Rdhoart N 82.24 W.160.6 feet
to a• potat.iu tho.00nta of Said. Railroad;. thence N l3•Sti .W. 345.1 'feet to a oanaate
ntmu t; that x throe liars with William 0. Graham (now or forateriy): as follows:. (1) .
N 30-03 W 900 feet to an eight Inch walnut true on rho Eastern beak Of brendt,: (2) N 10-
30 W (65.8 feet to. n tan hut cedar tro, and (3) N 9-09 13 351 feet to a remade
monument in tbo tight of way of New US Highway 70, William 0. 0raham's corner
(now a formerly); thence crossing new US Highway 70 N 51-43 B 198.8 feet to a
concrete mon&uoent.in R.M. Wright: line (now or formerly); thence with the line of R.M.
Wdgbu (now or rortnerty) and M.D. Wright: (now or fnnnonly), N 88-42 W 3273, feet to
a conct to sricrtumeni; M.O. Wrlghts (nnw or formerly) and O. Wrighti (now .or
fomierty) coma;.thence with O.A. Wriglrts Itue (oow.or. formaly),.H 89.29 W 210.5 fat -
to'a oanrxetc monument, 0.A. Wrighu'corner (cow or formerly) in P.ii..SauortvWte's
.line (now or formerly); thence with P.H. Satterwhite'stlirso (ntitr.:or formerly). S 2-13 W
743 feet to an Irorrplpe In the Northam margin of.tho.d8ht, of way of US Highway 70:
thence two. lints With the Northern Margin- of the right of.:way of US Highway 70 as
follows: (1). S 79.38. W 207.5 .foot, and (2) 5.76 49.W 638 fcet to a -stake; P.H.
Scnerwhke's reciter. (now cr fomatrty); ibcooc with Sauecwlsite's line (now or foeataly),
S 5.53 W crossing new US Illshway. 70.1,193.4'feet to a point is the ceritetllnc of the
Western North Carolinrt Railroad; thence with the cauerllno of the. Wcate n -Nord
Carolbsa Railroad and Sstlerwhito's line (now or formally). N .70-27. W 2,015.5 foot to
the BEOINNfN0, containing 389.79. acres u sbown.on plat of survey by Hudson cued
Almond dated January.1964.
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t
Chicago Title Insurance Company ALTA Commitment for Title Insurance
Commitment Number: 18-04275CH
PARCEL 2:
13EGINNiNQ. at a point In the o xtterline of the Western North Carolina Railroad, said
point being an the Railroad Bridge and over the canter" of Second Creek, and runs 'halo:
seven lines with the centerline of Second Creek es followe::(.1) S 2549 W 339.6 feet, (2)
'S 4746 W 302.4 feet, (3) S 54-48 W 375 feet, (4) S65-14 W 3.76.6 feet, (S) S 53.00 W
106.4 feet, (6) 3 41.33•.W 316.7 feet, and (7) 3 40-50 W296.3 feet to ti point in the center
line of Second Creek, corner of olio property of Fiber ladtutriess; Inc. (stow ar fartaerly)
t enee two lines with Fiber lndu*trles, ine..(now,or forrntrly)toa follows: (I):N 3l-54 W,
passingover a_ concrete inonwnent at 40 fed, a toted distance of 2,173.6 fesot. to a, concrete
monument, end C2) N 38,54 E 399.6 feet to'i spike in the centerline of the Western Nonb
Carolina Rallraed:.thencc with the oeaserllne of the:We:stetu North Carolina Railroad. S
87.24 B'1,067.fees its a railroad spike, the point of wnrature, Wenco=ntbibing with the
Western North Carolina Rallroad.with a curve to: the right of rho following throe dtords:
(I) S 80-56 E 200 feet, (2) S 76:E200 feet, and (3)8 64-20 E 389.2 feet to rho point of
tangency la the centerline of the Western North Carolina Railroad; thcaov continuing
with the centerline of said Reiiroad,. 3 5748 .2 302.6 feet to the BEO1NNINQ,
containing 70.04 acres.
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Chicago Title insurance Company ALTA Commitment for Title Insurance
Commitment Number: 18-04275CH
PARCEL 3:
BEGINNING at an existing ion pipe In the Western margin of the 60 foot right of way
of the Lynn Road cul-do-sao oom uon front comer of Lota 2Band 21, and running thence
with the common Ilea of Lou 20 and 21 two Wits ai f'llowsi (1) S 63.53.07 W 302.86
feet.to on existing.icon.pipe, and (2) N 72-32-S3 W 66.34 feet to a new Iron pipe In ►ho
Southeastern margin of lbc Duko Power Company transmission line cascntont recorded la
Deed Book 545, Page 106 In the Rowan County. Registry; Usenoc n new lino with said
nuugria Of the easeaienr, S 32-5643 W 246.22 fed to a new irons pipa,.canu on comer of
ihctssoa L Bdadlla (now, or formerly) and Margaret L Rogers (sow or fo mer1y); thence
with rho lino of Margaret L. Rogers (now or formerly), N 69.26.54 W (pastng
sycainoro 20 mete htdiantcter at 427A4 feet) a total distance of 456.52 feet to a point In
this oontcrtino of Second.Creek; thence, six lines. with the centerline' of Second Creek as.
follows: (1) N 10-48.14 B 214.04 feet to a plot. (2) N 10-29.46E 114.60 feet tn.e• point,
(3) N 28.50-20 B 318.37 feet to o point, (4) N 11758706 13 135.68 feet to a polm,.(5)'N
10.28.43 E (passing a pours at 75.30 feet) a total distaasce of 180.89 feel to u patat; and
(6) N 24-55-13 N 520.46 feet to a point, confer of Ifs M. Dobbins (now or formerly);
theme.3eveoiind•wittt tho.oid chant* of aoorind Creek os:follow:F.(1) S 73.28.30 B
(parsing a point at 30 feet), a total dietaa;re of 89 feet to in existing iron pipe,.(2) S 87-
45-30 E 180.43 foei'to nn•entlsting iron pipe; (3) S 80.17,09E 121.09 feet l0 an exilUng
irort pipe, (4) N { 1411-42 li•70.94 (CO ro an atlsting iron pipe, (5) N 41.340013 236.86
fed to on existing Iron pipe, (6) N 65.4214 E 159.66 fees to 860.11141g lroa pipe; aid (7)
N 43.05-41 E.147.85 feet to en existing iron pipe; a aosnec of Dobbin cad the Mntnzoa
rear armor of Lou34.and 35; theme whittle common Hand Lots 34 and 33, S 31420-
23 • 13 273.83 feet to a ,sow .lean' pipe in the Soulheasteem .1113441 of the Duke Power
Coaspa ny: uaosmissloii line casement recorded in Dad nook 343, Pngo 106[Mho Rowan
Country Registry; thence a'new Me with said margin of .11ta Casement S 32.56-03 1V
1,368A5 feel to a now Iron pipe in the common Zinc of Lou 21 and 22; thcaac with the
common lino of Lots 21 and 22, S 47-29.22 B 198.35 fat to at existing hvn,pipe In the
Western maatgin of this right of Way of the Lynn Road asl.do-da .and thence with maid
right of way, nutrgin along a ogre to the 1eR, tho radius oi.wbldt is SO Lett (and rho chord
of which 1s S 07 :21.44 W'S5.86 fat); annul d1Asnoe Of 59.27'feet to this BE GWNINO,
containing 28,.258 acres, and belated! of Lot 21 end parts of Lots 20; 22, 23, 32,33 and
34 of Spruig W11s Subdlvlsicn as shown la the Book of Mops at pangs 1663 and 1665 in
the Rowan County Registry, caul ss shown on.pint of survey by Schirlaabwgar Surveying
Company dated April 12;01989.
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Chicago Title insurance Company ALTA Commitment for Title Insurance
Commitment Number: 18-04275CH
PARCEL 4:
DI3G1NNWQ at an existing item in the Nonhwestem margin of the tight of way of the
eu1•dosae ()Myna Roed,'ootnmon front comer of Lou 21 and •22; and running thence
with the common line of Lots 21 cold 22, N 47.29.22 W198.26 fat to as existing Iron in
the Southwestern margin of tho 200 front right of way'of Duke Power Company, coma:
of'Hoechst-Celnooso, Iuc: (now or• formerly, dead tlook 646, Page.765); therm with.said
right of way margin and the line of Hoe -list -Celanese, Inc. (now or formerly), N 3246.
03 8'254.96 feet.to a new Iron in the line of Lot 23; thence two Titles with the coitunon .
lino of Lots 22 and 23 as follows: (1) S 32.47.-0211164.01 feu to an existing Iron, and
(2) S `104).41 W '197.42 feet to an existing iron in the Northern margin of. tho.right of
way of the cul-de-sac of Lynn Road; rind thence with said right of way •margin along a
curio to the IeR, the radius of which is 50 feet (and the chord of.whItit is S 71•16.02 ,W
49.04 fodt),.an arc distance of 51.26 feet to the BEGINNING, containing 1,007 aeons; and
being part of Lot 22 of Spring Hills Subdivision ni shown in Book of Mops et page 1663 .
In the Rowan County Registry and as shown on plat of awvoy by Shulenburgcr
Survtying Company dated September 28, 1992.
PARCEL 6;
-BEGINNING at.a point at the lnterscction of the eeutcriiaes of the 01d US Highway 70
and Highway 801, and runs thenoo with dos ccctcrlinn of Highway 801, S • 22.16- W •
•1,674.2 foot to a_ point at tho intersection of rho centerline of. Highway .801 end rise
Notthcm edge of the paveirncat of new US Highway 10; thmoe with dte Northern edge of
the pavement' of now US Highway 10, S TG-4S W 1,2.59.4 feet to: a point at tiro
Intersection sof.the =Medina of the -Western North Carolina Railroad and tho Nortltc n
edge of tho pavement of new US }tighwoy 70; thence with tits centerline of the Western
Nottb Carolina Railroad, S 70.27.E 2,015.5 feat toe point in the canter of said railroad,
corner of tha property ot" OA. Wdgbts (now or formerly); thenoo with O.A. Wdghts' lino
(now or formerly); N 5-53 L, crossing US Highway 70,.1.193.4 foot tc O:A:.Wrigtite
oetacc.(oow,w fomtedy) is *Northern margin of the Ott of way of US Highway.70;
• thence: two .1tnes wtth.the Nosthem' Margin of US. H1sway 70 and with WtigftIs! line
(nower formerly) as follows: (1) N 76-49 E 638 fed an6(2) N .79.38 8207.5 feet to an
iron pipe, Wdghts' cornet; (row or formerly) In the Nosdierrt taargin of US Highway 70
thence whit: Wdghts' Hite (now or forinedy); N 2-13 8.603.1 fat to o'polet in the
centerttne of Old US Highway 70; thence with the centerline of Old US Highway 70, N.
61.52 W 1,145.7 feet to the BEGINNING. containing 58.88 acres, mato of leas;
LESS AND EXCEPT that portion of tie 'above described property convoyed to O.A.
Wdghu in Deed Stook 485, Page 161 In rho Rowan Cotmy Registry sad, to Tbo City of
Salisbury to Book 753, Page 2 in the Rowan County Registry.
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Chicago Title Insurance Company ALTA Commitment for Title insurance
Commitment Number: 18.04276CH
PARCEL 6:
BEGINNING at an Iron pipe, the common cones of Lots 39 and 40 in tho Northern
margin of Wiluhtro Place, said point being 112.74 fort in a Nurthwesterty direction from..
the Northwestern comer of tho lntcrsection.of Wiltshire Pion and Brookside Drives and
Hunting thence with the Nonhena mnrgin of *Wiltshire • Place, a curved lire in e
Natthwcstcriy direction 109 Fat to the canunon carter of Lots 40 and 41. in the margin
of. Wiltshire Pluto; thence with the lino of Lot 41, North 13 deg. 20 inin: L•ait 147.8 feet
to ¢n Iron; pipe. tho rear common corner of Lots 41 ottd 40; thence South 12 deg. 00 ruin.
Eau 12.2 foetto an iron pipe, the rcareoncnoa oortier-of Lola 39 arid 40; thence with the
Uua of Lot 39, South•19 deg. 41min. West 137 fact to the B13OINNINO and being Lot 40 .
tas shown on Map of pant of Milford Hills by Hudson and Ahnond dated May, 1959 end
August, 1959.
Less and Except:
Property conveyed to the Devamtuat of.Tnuuportation by deeds recorded et Book 1046,
Page 634 and Book 1029, Page 991. Rowan County Registry.
END OF SCHEDULE A
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Exhibit "B"
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
1
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In re:
DURAFIBER TECHNOLOGIES (DFT) INC.,
et al.,
Debtors.
Chapter 7
Case No. 17-12143 (CSS)
(Jointly Administered)
Re: Dkt. No. 160 & 183
i.).a
ORDER PURSUANT TO 11 U.S.C. §§ 105(a), 363, AND 365 AND FEDERAL RULES OF
BANKRUPTCY PROCEDURE 2002, 6004, 6006 AND 9014 (I) APPROVING THE SALE
OF THE DEBTORS' ASSETS RELATED TO THE SALISBURY FACILITY; (II)
APPROVING THE ASSUMPTION AND ASSIGNMENT OF EXECUTORY
CONTRACTS AND UNEXPIRED LEASES; (III) AUTHORIZING CONSUMMATION
OF A SALE TRANSACTION; AND (IV) GRANTING RELATED RELIEF
Upon the Motion (the "Motion") of David W. Carickhoff, the chapter 7 trustee (the
"Trustee") of the bankruptcy estates (the "states") of the above -captioned debtors (collectively,
the "Debtors"), for Entry of an Order Pursuant To 11 U.S.C. §§ 105(a), 363, and 365 and Federal
Rules of Bankruptcy Procedure 2002, 6004, 6006 and 9014 (I) Approving the Sale of the
Debtors' Assets Related to the Salisbury Facility; (I1) Approving the Assumption and
Assignment of Executory Contracts and Unexpired Leases; (III) Authorizing Consummation of
the Sale Transaction; And (IV) Granting Related Relief; and a hearing having been held on
March 5, 2018 (the "Sale Hearing") to consider approval of the sale of the Purchased Assets to
the Buyer (as well as the transfer, assumption and assignment of the Assigned Contracts to the
Buyer) pursuant to the terms and conditions of the Asset Purchase Agreement (as subsequently
The debtors In these cases, along with the last four digits of the federal tax identification number for each of the debtors, where
applicable arc: DunsFiber Technologies (DFT) Inc. (4B79); DuraFiber Technologies (DFT) Enterprises, LLC (7294); DuraFiber
Technologies (DFT) Group, Inc. (6892); DuraFibcr Technologies (DF'1) Holdings U. LLC (4643); DuraFtber Technologies
(DFT) Mexico Services Intermediate 11 Corp. (6157); DuraFiber Technologies (DFT) Operations, LLC (1514); DuraFiber
Technologies (UFr) Scottsboro. Inc. (4659); DumFibar 'Technologies (DFT) Winfield, Inc. (9148); Ina Fibers Holding. LLC
(2889); DSE Hulding Corp. (3031); DuraFiber Technologies (DFT) Mexico Services Intermediate 1 Corp. (3900); OFT
Durafnber Technologies Holdings. Inc. (5953).
NY: 995292.2
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amended or modified, the "Purchase Agreement")2 by and between the Trustee and Salisbury
Investments I, LLC (the " $uyer"); and adequate and sufficient notice of the Motion, and the
Purchase Agreement and this Sale Order having been given; and the Court having reviewed and
considered: (i) the Motion; (ii) the objections thereto, if any: and (iii) thc arguments of counsel
made, and the evidence proffered or adduced, at the Sale Hearing or submitted in advance of the
Sale Hearing; and after due deliberation thereon; and good and sufficient cause appearing
therefor, it hereby is
FOUND AND DETERMINED THAT:
A. The findings and conclusions set forth herein constitute the Court's findings of
fact and conclusions of law pursuant to Bankruptcy Rule 7052, made applicable to this
proceeding pursuant to Bankruptcy Rule 9014. To the extent any of the following findings of fact
constitute conclusions of law, they are adopted as such. To the extent any of the following
conclusions of law constitute findings of fact, they are adopted as such.
B. This Court has jurisdiction over the Motion and the transactions contemplated by
the Purchase Agreement (the "5alQTransaction") under 28 U.S.C. §§ 157 and 1334, and this
matter is a core proceeding under 28 U.S.C. § I57(b)(2)(A), (N) and (0). Venue of these cases
and the Motion in this District is proper under 28 U.S.C. §§ 1408 and 1409.
C. The statutory predicates for the relief sought in the Motion are sections 105(a),
363, and 365 of thc Bankruptcy Code, as complemented by Bankruptcy Rules 2002, 6004, 6006
and 9014.
2 Unless otherwise defined herein, all capitalized terms shall have the meanings ascribed to them in the Motion,
or Purchase Agreement, as applicable.
2
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D. This Sale Order constitutes a final and appealable order within the meaning of 28
U.S.C. § 158(a).
E. As evidenced by the affidavits or certificates of service filed with this Court: (i)
due, proper, timely, adequate and sufficient notice of the Motion, the Purchase Agreement, the
Sale Hearing, and the other relief granted herein, and a substantially similar form of this Sale
Order, have been provided in accordance with Bankruptcy Code sections 102(1), 105(a), 363 and
365 and Bankruptcy Rules 200'2, 6004 and 6006, as limited by the Court's Order on the Trustee's
Motion to Limit Notice; (ii) such notice was good, sufficient and appropriate under the
circumstances; and (iii) no other or further notice of the Motion, the Sale Hearing. the sale of the
Purchased Assets, and the other relief granted herein is or shall be required.
F. A reasonable opportunity to object and be heard with respect to .the Motion and
the relief requested therein has been afforded to all known interested persons and entities,
including: (i) the Office of the United States Trustee for the District of Delaware; (ii) the Buyer;
(iii) counsel to the Agent; (iv) any party known or reasonably believed to have asserted any lien,
claim, encumbrance, right of first refusal, or other interest in or upon any of' the Purchased
Assets which are to be sold pursuant to the Purchase Agreement; (v) any party known or
reasonably believed to have expressed an interest in acquiring some or substantially all of the
Purchased Assets; (vi) the internal Revenue Service, (vii) the United States Attorney's offices
for the District of Delaware; (viii) the North Carolina Department of Environmental Quality; and
(ix) the United States Environmental Protection Agency.
G. As demonstrated by the testimony and/or other evidence proffered or adduced at
the Sale Hearing or submitted by affidavit or declaration before the Sale Hearing, (1) the Trustee
has appropriately marketed the Purchased Assets under the circumstances; and (2) a full, fair and
3
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reasonable opportunity has been given to any interested party to make a higher or better offer for
the Purchased Assets.
H. The Bid Procedures set forth in the Bid Procedures Order were non -collusive and
substantively and procedurally fair to all parties.
I. The Buyer (i) is purchasing the Purchased Assets in good faith and (ii) is a good
faith purchaser for value within the meaning of section 363(m) of the Bankruptcy Code and
therefore is entitled to the full protections of that provision and any other applicable or similar
bankruptcy or non -bankruptcy law. The Buyer otherwise has proceeded in good faith in all
respects in connection with this proceeding in that, among other things: (a) the Buyer recognized
that the Trustee was free to deal with any other party interested in acquiring the Purchased
Assets, (b) the Buyer was subjected to a bidding process designed to solicit competitive bids, (c)
all payments to be made by the Buyer in connection with the Purchase Agreement have been
disclosed, (d) the Buyer has not violated section 363(n) of the Bankruptcy Code by any action or
inaction, and (e) the Purchase Agreement was negotiated, proposed and entered into in good faith
and from arm's-length bargaining positions with the parties represented by competent counsel of
their choosing.
J. The consideration provided by the Buyer pursuant to the Purchase Agreement is
fair and adequate and constitutes reasonably equivalent value and fair consideration under the
Bankruptcy Code and under the laws of the United States, any state, territory or possession
thereof or the District of Columbia (including the Uniform Fraudulent Transfer Act, Uniform
Voidable Transactions Act, and the Uniform Fraudulent Conveyance Act). The Purchase
Agreement was not entered into, and neither the Trustee nor the Buyer has entered into the
4
3ook: 1307 'Iage: 44 rage 12 of 24
•
Purchase Agreement or propose to consummate the Sale Transaction, for the purpose of
hindering, delaying or defrauding the Debtors' present or future creditors.
K. Subject to the entry of this Sale Order, the Trustee has full power and authority to
execute the Purchase Agreement and all other documents contemplated thereby, and the Sale
Transaction has been duly and validly authorized. No consents or approvals other than those
provided for in the Purchase Agreement are required for the Trustee to consummate the Sale
Transaction described therein.
L. The transfer of the Purchased Assets to the Buycr shall be a legal, valid and
effective transfer of the Purchased Assets and shall vest the Buyer at Closing with all right, title
and interest of the Debtors in and to the Purchased Assets, free and clear of all liens (as defined
in Section 101(37) of the Bankruptcy Code, "Lien").
M. A sale of the Purchased Assets other than one free and clear of Liens on the terms
set forth herein would be of substantially Tess benefit to and would adversely affect the Estates.
N. The Trustee or Buyer. as applicable, will, including by way of entering into the
Purchase Agreement, and the provisions relating to the Assigned Contracts therein (i) cure any
default existing prior to the date hereof under any of the Assigned Contracts that are executory
contracts or unexpired leases under section 365 of the Bankruptcy Code and (ii) provide
compensation or -adequate assurance of compensation to any party for any actual pecuniary loss
to such party resulting from a default prior to the date hereof under any of the Assigned
Contracts, solely in the amount set forth in the Cure Notice (unless otherwise ordered by the
Court), and Buyer will provide adequate assurance of future performance of and under the
Assigned Contracts, within the meaning of sections 365(b)(1) and 365(f)(2) of the Bankruptcy
Code.
5
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0. The Cure Notice, identifying all Assigned Contracts, if any, that will be assumed
and assigned or otherwise transferred to the Buyer under the Purchase Agreement plus the
corresponding cure amount shall be served on all non -Debtor countcrparties to such Assigned
Contracts identified therein on or prior to 30 days from entry of this Sale Order. Such notice
shall be good, sufficient and appropriate under the circumstances and no other or further notice
need be provided in connection with the transfer, assumption and assignment of the Assigned
Contracts and fixing of cure amounts related thereto.
P. To the extent any Assigned Contract is not an executory contract or unexpired
lease subject to section 365 of the Bankruptcy Code, the Trustee is authorized to transfer all of
the Debtors' rights and obligations under such Assigned Contract and the associated Purchased
Assets to the Buyer, pursuant to section 363 of the Bankruptcy Code.
Q. Failure to object to the transfer, ,assumption and assignment of an Assigned
Contract is deemed consent to the transfer assumption and assignment.
R. The Trustee may sell the Purchased Assets to the Buyer free and clear of all Liens
in accordance with, and to the extent permitted by, section 363(f) of the Bankruptcy Code
because, in each case, one or more of the standards set forth in sections 363(f)(1)-(5) of the
Bankruptcy Code has been satisfied. Those holders of Liens against the Debtors, their Estates or
any of the Purchased Assets who did not object, or who withdrew their objections, to the Motion
arc deemed to have consented thereto pursuant to section 363(0(2) of Inc Bankruptcy Code.
S. It is a reasonable exercise of the Trustee's business judgment to consummate the
Sale Transaction contemplated by the Purchase Agreement, and such actions are in the best
interests of the Estates and their creditors. The consummation of the sale transaction is legal,
valid and properly authorized under all applicable provisions of the Bankruptcy Code, including,
6
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without limitation, sections 105(u), 363(b), 363(f), 363(rn), 365(b), and 365(f) of the Bankruptcy
Code, and all of the applicable requirements of such sections have been complied with in respect
of the Sale Transaction.
T. The Purchase Agreement is a valid and binding contract between the Trustee and
the Buyer, which is and shall be enforceable against the Buyer and the Trustee according to its
terms.
U. The Trustee has articulated good and sound business reasons for waiving the stay
otherwise imposed by Bankruptcy Rules 6004(g), and 6006(d).
THEREFORE, IT 1S ORDERED, ADJUDGED AND DECREED THAT:
I. The Motion is granted as set forth herein.
2. Any objections to the entry of this Sale Order or the relief granted herein and
requested in the Motion that have not been withdrawn, waived or settled, and all reservations of
rights included therein, hereby arc denied and overruled.
Annroval of the Purchase Agreement and the Sale Transaction
3. The Purchase Agreement and the transactions contemplated thereunder are hereby
approved.
4. The Buyer's offer for the Purchased Assets, as embodied in the Purchase
Agreement, is the highest and best offer fur thc Purchased Assets and is hereby approved.
5. The Trustee is authorized to execute and deliver, and empowered to perform
under, consummate and ' implement the Purchase Agreement, together with all additional
instruments and documents that the Buyer reasonably deems necessary or appropriate to
implement the Purchase Agreement and effectuate thc Sale Transaction, and to take all other and
further actions as may be reasonably requested by the Buyer for the purpose of assigning,
3ook: 1207 Page: 44 Page 15 of 24
transferring, granting, conveying and conferring to Buyer or reducing to possession the
Purchased Assets, or as may be necessary or appropriate to the performance of the obligations of
the Buyer and Trustee as contemplated by the Purchase Agreement.
6. The transfer of thc Purchased Assets to the Buyer shall vest thc 13uyer with all
right, title and interest of the Debtors in and to the Purchased Assets, free and clear of all Liens,
with all such Liens attaching to the net cash proceeds of the sale in the order of their priority,
with the same validity, force and effect that they now have as against the Purchased Assets,
subject to any claims and defenses thc Trustee or the Debtors' Estates may possess with respect
thereto. All holders of Liens fall within one or more subsections of section 363(f) of the
Bankruptcy Code and arc adequately protected by having their Liens attach to the net proceeds
received by the Trustee.
7. Subject to the Assumed Liabilities, pursuant to sections l05(a) and 363(f) of the
Bankruptcy Code, the Purchased Assets shall be transferred to Buyer. and upon thc Closing the
Buyer shall take the Debtors' right, title and interest to and possession of the Purchased Assets
upon consummation of the Purchase Agreement.
8. Upon the Closing of the Sale, each of the Debtors' creditors and any other holder
of a Lien authorized to execute such documents and take all other actions as may be necessary to
release its Licn on the Purchased Assets, if any, as such Lien may have been recorded or may
otherwise exist.
9. If any person or entity that has filed finuncing statements. mortgages. lis pendcns
or• other documents or agreements evidencing Liens on the Purchased Assets and has not
delivered to the Trustee prior to the Closing, in proper form for filing and executed by the
appropriate parries, termination statements. instruments of satisfaction or releases of all Liens
8
Book: 1307 7'age: 44 Page 16 of 24
•
that the person or entity has with respect to the Purchased Assets, then: (a) the Buyer is hereby
authorized to execute and file such statements, instruments, releases and other documents on
behalf of the person or entity with respect to the Purchased Assets, and (b) the Buyer is hereby
authorized to file, register or otherwise record a certified copy of this Sale Order, which shall
constitute conclusive evidence of the release of all Liens on the Purchased Assets of any kind or
nature whatsoever. Each governmental agency or depanment is hereby authorized to accept any
and all documents and instruments necessary and appropriate to consummate the transactions
contemplated by the Purchase Agreement.
10. This Sale Order: (a) shall be effective as a determination that, except for the
Assumed Liabilities, at Closing, all Liens of any kind or nature whatsoever existing as to the
Purchased Assets prior to the Closing have been unconditionally released, discharged and
terminated as to the Purchased Assets being sold (but not, for the avoidance of doubt, released,
discharged or terminated with respect to the net proceeds of those Purchased Assets), and that the
conveyances described herein have been effected. and (b) shall be binding upon and shall govern
the acts of all entities, including, without limitation, all filing agents, filing officers, title agents,
title companies, recorders of mortgages, recorders of deeds, registrars of deeds, administrative
agencies, governmental departments, secretaries of state, federal, state and local officials, and all
other persons and entities who may be required by operation of law, the duties of their office or
contract to accept, file, register or otherwise record or release any documents or instruments, or
who may be required to report or insure any title or state of title in or to any of the Purchased
Assets.
11. Except for the Assumed Liabilities, the sale, transfer, assignment and delivery of
the Purchased Assets shall not be subject to any Liens. Except for the Assumed Liabilities, all
9
3ook: 1307 Page: 44 Page 17 of 24
persons holding Liens against or in the Debtors or the Purchased Assets of any kind or nature
whatsoever hereby are forever barred, estopped and permanently enjoined from asserting,
prosecuting or otherwise pursuing such Liens of any kind or nature whatsoever against the Buyer
or its officers. directors, shareholders or partners, its property or its successors and assigns or the
Purchased Assets, as an alleged successor, to the greatest extent allowable by applicable law, or
otherwise, with respect to any Lien of any kind or nature whatsoever such person or entity had,
has or may have against or in the Debtors, their Estates, officers, directors or shareholders or the
Purchased Assets.
• 12. Any person or entity that is currently, or on the Closing Date may be, in possession
of some or all of the Purchased Assets shall surrender possession of such Assets either to (a) the
Trustee before the Closing or (b) to Buyer or its designee upon or after the Closing.
13. The Buyer shall have no liability or responsibility for any liability or other
obligation of the Debtors or Trustee arising under or related to the Purchased Assets other than
the Assumed Liabilities or as otherwise set forth in the Purchase Agreement. Without limiting
the generality of thc foregoing and cxccpt as otherwise specifically provided in the Purchase
Agreement, the Buyer shall not be liable for any claims against the Debtors or its predecessors or
affiliates for any obligations of thc Debtors arising prior to the Closing.
Transfer of Assifned Contracts
14. The Trustee is hereby authorized in accordance with sections 105(a), 363 and 361
of the Bankruptcy Code, as applicable. to (a) transfer, assume, assign and sell to the Buyer,
effective and conditioned upon the Closing, the Assigned Contracts and (b) execute and deliver
to Buyer such documents or other instruments as the Buyer deem are necessary or appropriate to
assign and transfer the Assigned Contracts to the Buyer.
10
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l5. With respect to the Assigned Contracts: (a) the Assigned Contracts shall be
transferred and assigned to, and following the Closing, shall remain in full force and effect for
the benefit of the Buyer, notwithstanding any provision in any such Assigned Contracts
(including those of the type described in sections 365(b)(2) and 365(0 of the Bankruptcy Code)
that prohibits, restricts or conditions such assignment or transfer and, pursuant to section 365(k)
of the Bankruptcy Code; (b) 'except as expressly otherwise provided in the Purchase Agreement
the Estates shall be relieved from any further liability with respect to Assigned Contracts and the
associated Purchased Assets after such assumption by the Trustee and assignment and sale to the
Buyer; (c) the Trustee may assume cach of the Assigned Contracts, to the extent such Assigned
Contracts arc executory contracts or unexpired leases, in accordance with section 365 of thc
Bankruptcy Codc after payment of thc applicable Cure Amount, if any, in the Cure Notice; (d)
the Trustee may assign and sell each of the Assigned Contracts, regardless of whether any such
Assigned Contract is an executory contract or unexpired lease, in accordance with sections 363
and/or 365 of the Bankruptcy Codc, as applicable, and any provisions in any Assigned Contracts
that prohibit or condition the assignment of such Assigned Contracts or allow ;he party to such
Assigned Contracts to terminate, recapture, set off (if not exercised pre -petition), impose any
penalty, condition renewal or extension or modify any term or condition upon the assignment of
such Assigned Contracts, constitute unenforceable anti•assignment provisions, which are void
and of no force and effect; (c) all ether requirements and conditions under sections 363 and 365,
to thc extent applicable, (including without limitation, the satisfaction of the requirements under
Section 365(c)(l )) of the Bankruptcy Code for the assumption by the Trustee and sale and
assignment to the Buyer of cach of the Assigned Contracts have been satisfied; and (0 upon
Closing, in accordance with sections 363 and 365 of the Bankruptcy Codc. as applicable. the
11
3ook: 1307 -'age: 44 Page 19 of 24
Buyer shall be fully and irrevocably vested in all of the Debtors' right, title and interest of each
of the Assigned Contracts.
16. Upon the Trustee's transfer and assignment of the Assigned Contracts, no default
shall exist under any of the Assigned Contracts and no counterparty thereto shall be permitted to
declare or enforce a default by the Debtors, Trustee or Buyer thereunder or otherwise take any
action. All defaults or other obligations of the Debtors under the Assigned Contracts arising
prior to the Closing (without giving effect to any acceleration clauses or any dcfoult provisions
of the kind specified in section 365(b)(2) of the Bankruptcy Code), are deemed satisfied by the
payment of the Cure Amount, if any, with respect to each Assigned Contract in those amounts
set forth in the Cure Notice, and which were satisfied, or shall be satisfied as soon as practicable,
by the Buyer or the Estates, as the case may be, as provided in the Purchase Agreement.
1'7. Each non -Debtor party to an Assigned Contract is hereby forever barred, estopped
and permanently enjoined from asserting against the Buyer, or the Purchased Assets, any default
arising prior to or existing as of the Closing, any indemnification claims or any counterclaim,
setoff (if not exercised pre -petition) or any other Claim asserted or assertable against the
Debtors. The validity of such assumption, assignment. transfer and sale of the Assigned
Contracts, which shall in ail events be effective as of the Closing Date, shall not be affected by
the pendency or resolution of any dispute between thc Trustee and any non -Debtor party to an
Assigned Contract.
18. To the extent'a counterparty to any of the Assigned Contracts failed or fails to
timely object to a Cure Amount, such Cure Amount in thc amount set forth in the Cure Notice
shall be deemed to be finally determined and any counterparty shall be prohibited from
challenging, objecting to or denying the validity and finality of the Cure Amount at any time.
12
3ook: 1307 'age: 44 Page 20 of 24
19. The effectiveness of the provisions of paragraphs 14 through 18 of this Sale Order
with respect to a particular Assigned Contract shall be subject only to any subsequent ruling of
the Court on any timely filed Cure Objection and/or Assumption and Assignment Objection.
20. The failure of the Trustee or the Buyer to enforce at any time one or more terms
or conditions of any of the Assigned Contracts shall not be a waiver of such terms or conditions,
or of the Trustee's and the Buyer' rights to enforce every term and condition of the Assigned
Contracts.
Additional Provisions
21. The consideration provided by Buyer for the Purchased Assets under the Purchase
Agreement is fait and reasonable and may not be avoided.
22. The transactions arc undertaken by Buyer without collusion and in good faith, in
accordance with Bankruptcy Code sections 363(m) and 363(n). Accordingly, the reversal or
modification on appeal of the authorization provided herein to consummate the transactions shall
not affect the validity of the sale and transfer of the Purchased Assets to Buyer, unless such
authorization is duly stayed pending such appeal. Buyer is a good -faith purchaser of the
Purchased Assets and is entitled to all of the benefits and protections afforded by Bankruptcy
Code section 3b3(m) and other applicable law.
23. Notwithstanding anything contained herein to the contrary, the Trustee is
authorized to release proceeds of the Sale to the Agent in accordance with the Final Order (1)
Authorizing the Trustee to Use Cash Collateral, (1!) Granting Adequate Protection, (111)
Modifying the Automatic Stay, (!V) Approving Carve -Outs and Sharing Agreement, and (V)
Granting Related Relief [Dkt. No. 104), as such final order may have been amended by the
Agreed Order Amending Final Order (1) Authorizing The Trustee Tv Use Cash Collateral, (11)
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Granting Adequate Protection, (111) Modifying The Automatic Stay, (1V) Approving Carve -Outs
And Sharing Agreement. And (V)Granting Related Relief Mkt. No. 1631.
24. The Purchase Agreement and any related agreements, documents or other
instruments may be modified, amended or supplemented by the parties thereto, in a writing
signed by such parties, and in accordance with the terms thereof, without further order of the
Court, provided that any such modification, amendment or supplement does not have a material
adverse effect on the Debtors' Estates.
25. • The failure specifically to include any particular provisions of the Purchase
Agreement in this Sale Order shall not diminish or impair the effectiveness cif such provisions, it
being the intent of the Court that the Purchase Agreement is hereby authorized and approved in
its entirety, as it may be amended or supplemented in accordance with its terms and this Sale
Order.
26. To the. extent of any conflict between the Purchase Agreement and this Sale
Order, then this Sale Order shall govern.
27. This Sale Order and the Purchase Agreement: (a) shall be binding in all respects
upon all creditors of and holders of equity interests in the Debtors (whether known or unknown),
any holders of Liens, all non -Debtor parties to any of the Assigned. Contracts, the Buyer and all
successors and assigns of the Buyer, the Trustee, the Debtors and their Estates, and the
Purchased Assets; and (b) shall not be subject to rejection.
28. Each and every federal, state and local governmental agency or department is
hereby authorized to accept any and all documents and instruments necessary and appropriate to
consummate the Sale Transaction.
14
3ook: 1307 ,"age: 44 Page 22 of 24
29. The fourteen -day stay otherwise imposed by Bankruptcy Rules 6004(h), 6006(d)
and 7062 is hereby waived, and this Sale Order shall be effective immediately upon entry.
30. This Court shall retain jurisdiction to interpret, implement and enforce this Sale
Order.
Dated: 3/5 .2018
Honorable Christopher S. Sontchi
United States Bankruptcy Judge
214162&11v2
15
Book: 1207 Page: 44 Page 23 of 24
Tract/Lot 1 Parcel ID 750 002 22
Tract/Lot 2
Tract/Lot 3
Tract/Lot 4
MAP S/M PAR SIP U/IN L/IN C/C PART INT
Rowan County Assessor's Office
-.
MAP S/M PAR S/P U/IN LJIN C/C
PART INT
Parcel IDr 750 002 22
Rowan County Assessor's Office
Parcel ID MAP S/M PAR S/P U/IN LIIN C/C PART INT
750 030 22
Rowan County Assessor's Office
Parcel ID MAP S/M PAR S/P U/IN L/IN C/C PART INT
750 031 22
Rowan County Assessor's Office
Tract/Lot 5 Parcel ID MAP S/M PAR S/P U/IN L/IN C/C PART INT
827 014 22
Rowan County Assessor's Office
Tract/Lot 5 Parcel ID MAP S/M PAR S/P U/IN L/IN C/C PART INT
827 028 P 22
Rowan County Assessor's Office
Tract/Lot 6 Parcel ID MAP S/M PAR S/P U/IN L/IN C/C PART INT
335 088 22
Rowan County Assessor's Office
Book: 1207 'age: 44 Page 24 of 24