HomeMy WebLinkAboutNC0004944_Permit Modification_20080418NPDES DOCIMENT SCANNIN` COVER SHEET
NPDES Permit:
NC0004944
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
,_ ,._
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Permit Application
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Permit
History
Document Date:
April 18, 2008
This document is printed on reuse paper - ignore any
content on the roe -sr -ex -we side
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins. Director
Division of Water Quality
April 18, 2008
ANTHONY J BRANECKY
SITE MANAGER
PERFORMANCE FIBERS OPERATIONS INC
PO BOX 4
SALISBURY NC 28145
Subject: NPDES Permit Modification- Name/Ownership Change
NAME — Performance Fibers Operations, Inc.
Permit# NC0004944
Rowan County
Dear Mr. Branecky:
Division personnel have reviewed and approved your request for name/ownership change of the
subject permit received on April 9, 2008. This permit modification documents the change of name and
ownership of the above reference facility.
Please find enclosed the revised permit. All other terms and conditions contained in the original permit
remain unchanged and in full effect. This modification is issued under the requirements of North Carolina
General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency.
If you have any questions concerning this permit modification, please contact the Point Source Branch
at (919) 733-5083, extension 350.
Sincerely,
p.oleen H. Sullins
cc: Central Files
Mooresville Regional Office, Surface Water Protection
Fran McPherson, NCDENR, DWQ, Budget (letter only)
NPDES File NC0004944
Non` hCarolina
,Naturallj
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Peanut NC0004944
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
PERFORMANCE FIBERS OPERATIONS, INC
is hereby authorized to discharge wastewater from a facility located at
Performance Fibers Operations, Inc.
7401 Statesville Blvd
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, and III hereof.
This permit shall become effective April 18, 2008.
This permit and authorization to discharge shall expire at midnight on March 31, 2009.
Signed this day of April 18, 2008.
lColeen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Latitude:
Longitude:
Ouad 4:,
Stream Class:
Receiving Stream:
Permitted Flow:
SCALE 1:24000
35°42'40"
80 36' 10"
E l6NE
C
North Second Creek
2.305 MGD
Sub -Basin:
03-0706
SSW ()utfall 5J,
Facility
Location
Location
North
Performance Fibers Operations, Inc
NC0004944
Performance Fibers Operations, fnc.
Performance F. Fibers
CERTIFIED MAIL
March 31, 2008
NCDENR
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center,
Raleigh, North Carolina 27699-1617
Subject: Ownership Change Notification
NPDES Permit No. NC0004944
INVISTA S.6 r.I.
Salisbury, North Carolina
RECEIVED
APR 9 2008
DENR - WATER QUALITY
POINT SOURCE BRANCH
On March 8, 2008, the North America tire cord and polyester industrial filament businesses of INVISTA
S. r.l. and its affiliates ("INVISTA") were acquired by an affiliate of Performance Fibers Holdings, Inc.
("Performance Fibers"). Included in the sale was the manufacturing facility located in Salisbury, North
Carolina.
Attached is the NCDENR Division of Water Quality Surface Water Protection Section Permit
Name/Ownership Change Form reflecting all of the updated information for this facility as a result of the
recent change in ownership, signed by both the permit holder prior to the change (INVISTA) and the
applicant (Performance Fibers). Additionally, in accordance with Section VI of the form, attached is a
Special Warranty Deed, which provides legal documentation of the transfer of ownership.
There will be no changes in the contact personnel at this facility or any changes in the processes,
equipment or other existing activities performed that would necessitate a modification of the terms or
conditions in the existing permit or that would affect the quality or quantity of wastewater presently being
discharged.
nave any questions or require additional information,please contact Stephen Lamb at
if you shouidy u' q any f✓
704-636-6000 ext. 4862.
Sincerely,
il / I' 7
Anthony J. Bran c y
Site Manager -)
Performance Fibers Operations, Inc.
Attachments:
• Permit Name/Ownership Change Form
• Proof of ownership transfer
-d n 1 sTATEsvILLE BOUI.EVAI I) ti:\ LISRI I;S,
r. perfnrmnncefibers.cnm
1 - 0 4 63 6 r,uun
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
I. Please enter the permit number for which the change is requested.
NPDES Permit
N
C
0
O
0
171
41
II. Permit status prior to status change.
a. Permit issued to (company name):
b. Person legally responsible for permit:
c. Facility name (discharge):
d. Facility address:
e. Facility contact person:
III. Please provide the following for the
a. Request for change is a result of:
(or) Certificate of Coverage
. 3/3 / 4,00,
SyliTSTA Ste• /
%ti 7-yo4v/ - s 3t'fliliE(3h-)/
'First / MI / Last
/12g4/ j '
Title
PO aoX 4'
Permit Holder Mailing Address
5'1 L s 7? ivy .///0
City State
(70Y) 3 ‘OO 0
Phone
7,9 .Sa,. r.
��rys
Zip
( )
Fax
�7 �d / S7 4 7 EX l" L LC-
Address
s n 1, y //0
City State Zip
Z)v9U;.r-) 1. eff-5 r/N2 (7c4) 03 -‘60d( `-
First / MI / Last Phone
requested change (revised permit).
W Change in ownership of the facility
❑ Name change of the facility or owner
RE P 1
Crild (c e):
gally responsible for permit:
APR 9 2OQS
DENR - WATER OUALIIY
POINT SOURCE BRANCH
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
6ERFoR rh,q ti 0 r Fz ?3 L-/e s o px:RAI �'OAJ S, .SAC.
,9 .v 7 / / o ,v y / J' 3,e,. Z16 C k y
First MI / Last
Title
PD
Permit Holder Mailing Address
_5741 S r.> re /i/C g/5/5-
City State Zip
(joy) ‘3- ,'60d
Phone E-mail Address
re-R F,2-ter .p/ / f -r; a v
7yo/ 574 7ES1441- 1).
Address
�>gL;si i25/
City
4)Av;
C
State
L,
First / MI /
(joy) 6 7 - Mild
Phone
Last
/ V .73s
E-mail Address
.?2//7
Zip
Revised 7/2005
4
PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information: (if different from the person legally responsible for the permit)
Permit contact: S�gmF
First / MI % Last
Title
Mailing Address
City
State Zip
Phone E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior to
this ownership or name change?
lia' Yes
❑ No (please explain)
VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE
INCOMPLETE OR MISSING:
O This completed application is required for both name change and/or ownership change requests.
O Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill
of sale) is required for an ownership change request. Articles of incorporation are not sufficient for
an ownership change.
The certifications below must be completed and signed by both the permit holder prior to the change, and the new
applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification
is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
I, t,1 trnon .' Co)c
, attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
application package will be returned as incomplete.
eL
Signature
0 4/oaJo
Date
APPLI ANT CERTIFICATION:
I, Nrfi%r✓ I 71 6/e44cc-ft_c' , attest that this application for a name/ownership
change has been reviewed and is accurate and omplete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
application packapetiwill be returned as incomplete.
Signature
ate
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised 7/2005
This instrument was prepared by:
Justin G. Mapes, Esq.
Weil, Gotshal & Manges LLP
200 Crescent Court, Suite 300
Dallas, TX 75201
After recording return to:
Excise Tax: $
The above space reserved for Recorder's use only.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made as of the V / day of March,
2008 by and between INVISTA S.A R.L., a Luxembourg private limited company
(formerly known as Arteva Specialties S.a r.l., a Luxembourg private limited company,
and doing business as INVISTA S.a r.I., LLC, "Grantor"), and PERFORMANCE FIBERS
OPERATIONS, INC., a Delaware corporation ("Grantee"), whose mailing address is: 707
East Main Street, Suite 1800, Richmond, Virginia 23219. WITNESSETH, that Grantor.
for and in consideration of the sum of Ten and No/100 Dollars in hand paid by Grantee,
the receipt whereof is here',;y 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:
Sec Exhibit "A" attached hereto and made a part hereof.
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, issues and
profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, either in
SALISBURY, ROWAN COUNTY. NORTH CAROLINA
DA I a51012710410%M 704,. DOCL54165.0017
law • or equity, of, in and to the above described premises, with the improvements,
hereditaments, easements and appurtenances (collectively, the "Property"): TO HAVE
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, except as provided on Exhibit "B", and WILL WARRANT AND
DEFEND against all persons lawfully claiming or to claim the same, by through or under
it, subject to the matters described on Exhibit "B", and not otherwise.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.1
SALISBURY. ROWAN OOLRNIY. NORTH CAROLINA
DA 1:1S 1012710410 X M704'..DOc1S4165.0017
2
IN WITNESS WHEREOF, Grantor has caused this instrument to be signed in its
corporate name by its duly authorized officer by authority of its Board of Directors, the
day and year first above written.
INVISTA S.A R.L.,
a Luxembourg private Limited company
By:
Name: .Q o.m on L , Cox
Title: A +ern - i n - raeA'
Send subsequent tax bills to:
Attention:
707 East Main Street, Suite 1 R00
Richmond, Virginia 23219
STATE OF KLiuSFS
COUNTY OF S e06 Witt
I, the undersigned, a Notary Public of the state and county aforesaid, certify that
D arnnn personally came before me this day and
acknowledged that he is the A Born .in- RUA- of INVLSTA S.A R.L., a
Luxembourg private limited compan +, and that he, in that capacity, being authorized to
do so, executed the foregoing on behalf of the private limited company.
WITNESS my hand and Notarial Seal this (o4 day of March, 2008.
[NOTARY SEAL]
NUM PUBLIC - State of Kansas
DEBRA D.1EN0
*Ant Does q-
My Commission Expires:
g-l�-oCj
SALISBURY, ROWAN COUNTY, NORTH CAROLINA
Aleut AQ, -114pALat
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
LYING AND BEING IN ROWAN COUNTY, NORTH CAROLINA
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel 1: (Tax Map 750, Part of Parcel 002)
BEGINNING at a point in the centerline of the Western Carolina Railroad and the
northern edge of the pavement of US Highway 70 (said point being S 76-45 W 1,259.4
feet from a point at the intersection of the centerline of Highway 801 and the Northern
edge of the pavement of US Highway 70); thence with the centerline of the Western
North Carolina Railroad, N 70-27 W 176.5 feet to a point in the centerline of said
railroad; thence S 5-58 W, crossing new US Highway 70 and partially with the line of
L.A. Hilderbrand (now or formerly) and partially with the Western side of Hilderbrand
Road 1,099 feet to an iron pipe in Hilderbrand Road, L.A. Hilderbrand's comer (now or
formerly); thence with the line of L.A. Hilderbrand, (now or formerly) and T.H.
Hilderbrand (now or formerly), S 87-17 E 912.2 feet to a concrete monument, T.H.
Hilderbrand's comer (now or formerly) on the South side of a farm road; thence three
lines with T.H. Hilderbrand (now or formerly) as follows: (1) S 2-44 E 3,303 feet to a
concrete monument, (2) S 64-41 E 363 feet to a concrete monument, and (3) S 86-33 E,
passing over a concrete monument at 3,090 feet, a total distance of 3,130 feet, more or
less, to a point in the centerline of Second Creek; thence with the centerline of Second
Creek in a Northeasterly direction 1,703 feet, more or less, to a point in the center of
Second Creek, Powlas' corns ( now or formerly); thence two lines with Powlas (now or
formerly) as follows: (1) N 31-54 W, passing over a concrete monument at a distance of
40 feet, a total distance of 2,173.6 feet, more or less, to a concrete monument, and (2) N
38-54 E 399.6 feet to a point in the centerline of the Western North Carolina Railroad;
thence with the centerline of the Western North Carolina Railroad, N 82-24 W 160.6 feet
to a point in the center of said Railroad; thence N 13-56 W 345.1 feet to a concrete
monument; thence three lines with William G. Graham (now or formerly) as follows: (1)
N 30-03 W 900 feet to an eight inch walnut tree on the Eastern bank of branch, (2) N 10-
30 W 165.8 feet to a ten inch cedar tree, and (3) N 9-09 E 351 feet to a concrete
monument in the right of way of New US Highway 70, William G. Graham's comer
(now or formerly); thence crossing new US Highway 70 N 51-43 E 198.8 feet to a
concrete monument in R.M. Wrights line (now or formerly); thence with the line of R.M.
Wrights (now or formerly) and M.D. Wrights (now or formerly), N 8S-42 W 327.5 feet to
a concrete monument, M.D. Wrights (now or formerly) and O.A. Wrights (now or
formerly) corner, thence with O.A. Wrights line (now or formerly), N 89-29 W 210.5 feet
to a concrete monument, O.A. Wrights comer (now or formerly) in P.H. Satterwhite's
line (now or formerly); thence with P.H. Satterwhite's line (now or formerly), S 2-13 W
74.3 feet to an iron pipe in the Northern margin of the right of way of US Highway 70:
thence two lines with the Northern margin of the right of way of US Highway 70 as
follows; (1) S 79-38 W 207.5 feet, and (2) S 76-49 W 638 feet to a stake, P.H.
Satterwhite's corner (now or formerly); thence with Satterwhite's line (now or formerly),
SAUSBURY. ROWAN COUNTY, NORTH CAROLINA
DA I :\S10127304*XM704LDOC1S4165OU17
A-1
S 5-53 W crossing new US Highway 70 1,193.4 feet to a point in the centerline of the
Western North Carolina Railroad; thence with the centerline of the Western North
Carolina Railroad and Satterwhite's line (now or formerly), N 70 27 W 2,015.5 feet to
the BEGINNING, containing 389.79 acres as shown on plat of survey by Hudson and
Almond dated January, 1964.
Parcel 2: (Tax Map 750, Part of Parcel 002)
BEGINNING at a point in the centerline of the Western North Carolina Railroad, said
point being on the Railroad Bridge and over the center of Second Creek, and runs thence
seven lines with the centerline of Second Creek as follows: (1) S 25-19 W 339.6 feet, (2)
S 47-36 W 302.4 feet, (3) S 54-48 W 375 feet, (4) S 65-14 W 376.6 feet, (5) S 53-00 W
106.4 feet, (6) S 41-35 W 316.7 feet, and (7) S 40-50 W 296.3 feet to a point in the center
line of Second Creek, corner of the property of Fiber Industries, Inc. (now or formerly)
thence two lines with Fiber Industries, Inc. (now or formerly) as follows: (1) N 31-54 W,
passing over a concrete monument at 40 feet, a total distance of 2,173.6 feet to a concrete
monument, and (2) N 38-54 E 399.6 feet to a spike in the centerline of the Western North
Carolina Railroad; thence with the centerline of the Western North Carolina Railroad, S
87-24 E 1,067 feet to a railroad spike, the point of curvature; thence continuing with the
Western North Carolina Railroad with a curve to the right of the following three chords;
(1) S 80-56 E 200 feet, (2) S 76 E 200 feet, and (3) S 64-20 E 589.2 feet to the point of
tangency in the centerline of the Western North Carolina Railroad; thence continuing
with the centerline of said Railroad, S 57-18 E 502.6 feet to the BEGINNING.
containing 70.04 acres.
Parcel 3: (Tax Map 750, Parcel 030)
BEGINNING at an existing iron pipe in the Western margin of the 60 foot right of way
of the Lynn .Road cul-de-sac common front comer of Lots 20 and 2I, and running thence
with the common line of Lots 20 and 21 two lines as follows: (1) S 63-53-07 W 302.86
feet to an existing iron pipe, and (2) N 72-32-53 W 66.34 feet to a new iron pipe in the
Southeastern margin of the Duke Power Company transmission line easement recorded in
Deed Book 545, Page 106 in the Rowan County Registry; thence a new line with said
margin of the easement, S 32-56-03 W 246.22 feet to a new iron pipe. common corner of
Thomas L. Brindle (now or formerly) and Margaret L. Rogers (now or formerly); thence
with the line of Margaret L. Rogers (now or formerly), N 69-26-54 W (passing a
sycamore 20 inches in diameter at 427.04 feet) a total distance of 456.52 feet to a point in
the centerline of Second Creek; thence six lines with the centerline of Second Creek as
follows: (1) N 10-48-14 E 214.04 feet to a point, (2) N 10.29-46 E 114.60 feet to a point,
(3) N 28-50-20 E 318.37 feet to a point, (4) N 11-58-06 E 135.68 feet to a point, (5) N
10-28-45 E (passing a point at 75.30 feet) a total distance of 180.89 feet to a point, and
(6) N 24-55-13 E 520.46 feet to a point, comer of lra M. Dobbins (now or formerly);
thence seven lines with the old channel of second Creek as follows; (1) S 73-28-30 E
(passing a point at 30 feet), a total distance of fig feet to an existing iron pipe, (2) S 87-
45-30 E 180.45 feet to an existing iron pipe, (3) S 80-17-09 E 121.09 feet to an existing
SALISBURY. ROWAN COUNTY, NORTH CAROLINA
DAl c.S1O127,O1\ XM704!.DOC\S416$.0017
A-2
iron pipe, (4) N 61-07-42 E 70.94 feet to an existing iron pipe, (5) N 41-34-00 E 256.86
feet to an existing iron pipe, (6) N 65-42-44 E 159.66 feet to an existing iron pipe, and (7)
N 43-05-41 E 147.85 fcct to an existing iron pipe, a corner of Dobbins and the common
rear corner of Lots 34 and 35; thence with the common line of Lots 34 and 35, S 31-20-
23 E 273.85 feet to a new iron pipe in the Southeastern margin of the Duke Power
Company transmission line easement recorded in Deed Book 545, Page 106 in the Rowan
County Registry; thence a new line with said margin of the easement S 32-56-03 W
1,368.45 feet to a new iron pipe in the common line of Lots 21 and 22; thence with the
common line of Lots 21 and 22, S 47-29-22 E 198.35 feet to an existing iron pipe in the
Western margin of the right of way of the Lynn Road cul-de-sac; and thence with said
right of way margin along a curve to the left, the radius of which is 50 feet (and the chord
of which is S 07-21-44 W 55.86 feet); an arc distance of 59.27 feet to the BEGINNING,
containing 28.258 acres, and being all of Lot 21 and parts of Lots 20, 22, 23, 32, 33 and
34 of Spring Hills Subdivision as shown in the Book of Maps at pages 1663 and 1665 in
the Rowan County Registry, and as shown on plat of survey by Schulenburger Surveying
Company dated April 12, 1989.
Parcel 4: (Tax Map 750, Parcel 031)
BEGINNING at an existing iron in the Northwestern margin of the right of way of the
cul-de-sac of Lynn Road, common front corner of Lots 21 and 22; and running thence
with the common line of Lots 21 and 22, N 47-29-22 W 198.26 feet to an existing iron in
the Southwestern margin of the 200 front right of way of Duke Power Company, corner
of Hoechst -Celanese, Inc. (now or formerly, deed Book 646, Page 765); thence with said
right of way margin and the line of Hoechst -Celanese, Inc. (now or formerly), N 32-56-
03 E 254.96 feet to a new iron in the line of Lot 23; thence two lines with the common
line of Lots 22 and 23 as follows: (1) S 32-47-02 E 164.01 feet to an existing iron, and
(2) S 10-09-41 W 197.42 feet to an existing iron in the Northern margin of the right of
way of the cul-de-sac of Lynn Road; and thence with said right of way margin along a
curve to the left, the radius of which is 50 feet (and the chord of which is S 71-16-02 W
49.04 feet), an arc distance of 51.26 fcct to the BEGINNING, containing 1,007 acres, and
being part of Lot 22 of Spring Hills Subdivision as shown in Book of Maps at page 1663
in the Rowan County Registry and as shown on plat of survey by Shulenburger
Surveying Company dated September 28, 1992.
Parcel 5: (Tax Map 827, Parcel 014)
BEGINNING at a point at the intersection of the centerlines of the Old US Highway 70
and Highway 801, and runs thence with the centerline of Highway 801, S 22-16 W
1,674.2 feet to a point at the intersection of the centerline of Highway 801 and the
Northern edge of the pavement of new US Highway 70; thence with the Northern edge of
the pavement of new US Highway 70, S 76-45 W 1,259.4 feet to a point at the
intersection of the centerline of the Western North Carolina Railroad and the Northern
edge of the pavement of new US Highway 70; thence with the centerline of the Western
North Carolina Railroad, S 70-27 E 2,015.5 feet to a point in the center of said railroad,
SALISBURY. ROWAN COUNTY. NORTH CAROLINA
DA I AS IDI271D31@XM704!. D0091163.oa17
A-3
comer of the property of O.A. Wrights (now or formerly); thence with O.A. Wrights' line
(now or formerly), N 5-53 E, crossing US Highway 70, 1,193.4 feet to O.A. Wrights'
corner (now or formerly) in the Northern margin of the right of way of US Highway 70;
thence two lines with the Northern margin of US Highway 70 and with Wrights' line
(now or formerly) as follows: (1) N 76-49 E 638 feet and (2) N 79-38 E 207.5 feet to an
iron pipe, Wrights' corner (now or formerly) in the Northern margin of US Highway 70;
thence with Wrights' line (now or formerly), N 2-13 E 603.1 feet to a point in the
centerline 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, more or less.
LESS AND EXCEPT that portion of the above described property conveyed to O.A.
Wrights in Deed Book 485, Page 161 in the Rowan County Registry and to The City of
Salisbury in Book 753, Page 2 in the Rowan County Registry.
Parcel 6 (Tax Map 335, Parcel 088)
BEGINNING at an iron pipe, the common corner of Lots 39 and 40 in the Northern
margin of Wiltshire Place, said point being 112.74 feet in a Northwesterly direction from
the Northwestern corner of the intersection of Wiltshire Place and Brookside Drive, and
running thence with the Northern margin of Wiltshire Place, a curved line in a
Northwesterly direction 109 feet to the common corner of Lots 40 and 41 in the margin
of Wiltshire Place; thence with the line of Lot 41, North 13 deg. 20 min. East 147.8 feet
to an iron pipe. the rear common corner of Lots 41 and 40; thence South 72 deg. 00 min.
East 122 feet to an iron pipe, the rear common corner of Lots 39 and 40; thence with the
line of Lot 39, South 19 deg. 41 min. West 137 feet to the BEGINNING and being Lot 40
as shown on Map of part of Milford Hills by Hudson and Almond dated May, 1959 and
August, 1959.
Less and Except;
Property conveyed to the Department of Transportation by deeds recorded at Book 1046,
Page 634 and Book 1029, Page 991, Rowan County Registry.
SALISBURY, ROWAN COUNTY, NORTH CAROLINA
DA1:1510127,0410XM70 DoC$4165.0017 A-4
EDIT B
PERMITTED EXCEPTIONS
1. Waiver and Quitclaim Letter in favor of the City of Salisbury recorded at
Book 1021, Page 457, Rowan County Registry.
2. Temporary Easements in favor of the Department of Transportation contained in
deed recorded at Book 1029, Page 991, Rowan County Registry.
3. Deed of Easement in favor of the City of Salisbury recorded in Book 1044,
Page 547, Rowan County Registry.
4. Temporary Drainage Easement in favor of Department of Transportation contained
in deed recorded at Book 1046, Page 634, Rowan County Registry.
5. Rights of Tenant in possession, as Tenant only, under unrecorded Ground Lease
dated as of June 18, 1996, between Hoescht Celanese Corporation as Landlord and
Air Supply (successor in interest to Messer Griesheim Industries, Inc., d/bfa MG
Industries) as tenant.
The following exceptions apply to Parcel 1:
6. Right(s) of way in favor of Duke Power Company recorded in Book 656, Page 879,
Rowan County Registry.
7. Rights of Duke Power as tenant pursuant to lease recorded in Book 664, Page 654,
Rowan County Registry.
8. Right(s) of way in favor of the North Carolina Department of Transportation
recorded in Book 719, Page 571, Rowan County Registry.
9. Easement(s) to Bell South Telecommunications, Inc., recorded in Book 848,
Page 849, Rowan County Registry.
The following exceptions apply to Parcel 2:
10. Easement(s) in favor of Duke Power Company recorded in Book 404, Page 237;
Book 380, Page 433: Book 363, Page 239 and in Book 394, Page 285, Rowan
County Registry.
11. Easement(s) in favor of Southern Bell Telephone and Telegraph recorded in
Book 204, Page 37; Book 191, Page 195; Book 191, Page 75; Book 181, Page 452
and in Book 154, Page 562, Rowan County Registry.
12. Easement(s) in favor of Southern Public Utilities recorded in Book 188, Page 513,
Rowan County Registry.
SALSBURY. ROWAN COUNTY. NORTH CAROLINA
DwlA51012710410)04704t.000,54165.0017 8-1
The following exceptions apply to Parcels 3 and 4:
13. Restrictions, reservation of easements and conditions contained in instrument
recorded in Book 583, Page 43, Rowan County Registry.
14. Building restriction line as shown on plat of subdivision recorded in Book of
Maps 9995, Page 1663 and in Book of Maps 9995, Page 1665, Rowan County
Registry.
15. Right(s) of way in favor of Duke Power Company 200 feet wide as shown on plat
of subdivision recorded in Book of Maps 9995, Page 1663 and in Book of
Maps 9995, Page 1665, Rowan County Registry.
16. Right(s) of way in favor of Duke Power Company recorded in Book 545, Page 106
and in Book 582, Pagc 943, Rowan County Registry.
17. Right(s) of way in favor of Southern Bell Telephone and Telegraph Company
recorded in Rook 216, Page 357, Rowan County Registry.
18. Consent to Subdivision recorded in Book 646, Page 764, Rowan County Registry.
The following exceptions apply to Parcel 5:
19. Right(s) of way in favor of Duke Power Company recorded in Book 769, Page 857
and in Book 510, Page 273, Rowan County Registry.
20. Right(s) of way in favor of the State Highway Commission recorded in Book 508,
Page 61 and in Book 494, Page 269, Rowan County Registry.
21. Easement(s) to BellSouth Telecommunications, Inc. recorded in Book 848,
Page 849, Rowan County Registry.
The following exceptions apply to Parcel 6:
22_ The following matter(s) as shown on plat recorded in Plat Book 8, Page 90:
a) sixty -foot (60') wide and seventy-foot (70') wide easements to Carolina
Power & Light: b) right for Atlantic Coast Line Railroad Company.
SALISBURY. ROWAN COUNTY. NORTH CAROLINA
DM f ,\510I27\a4\W XM7O4!. DOC154 I 65.0017
13-2