HomeMy WebLinkAboutNCG180073_Name Owner Change Form and Supporting Docs_20221205RTP ENVIRONMENTAL ASSOCIATES, INC.
AIR • WATER • SOLID WASTE CONSULTANTS
2123 Old Sportonburg Rood #288
Greer, South Corolino 29650
(rtpsc@rtpenv.com)
November 28, 2022
Ms. Brittany Cook
NC Division of Energy, Mineral, and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, NC 27699-1612
Subject: Classic Leather, Inc./Change in Ownership
Dear Ms. Cook:
(864)848-1303
;`r o 5 2022
This letter is to notify you that Century Furniture, LLC is purchasing the Classic Leather, Inc.
furniture manufacturing operations located at 309 Simpson Street, Conover, North Carolina
28613. The new legal corporate/owner name and address are as follows;
Century Furniture, LLC
Plant # 12
309 Simpson Street
Conover, North Carolina 28613
Thus, on behalf of Century Furniture, LLC, we are submitting the attached NPDES Permit
Name/Ownership Change Form for Classic Leather, Inc. which reflects the proposed
ownership/name change. The new contact names and addresses are included in the form.
If you have any questions, please call me at (704) 996-1510 or Rhonda Nichols of Rock House
Farm Family of Brands at (828) 326-8628.
Very truly yours,
RTP Environmental Associates, Inc.
aa*C76 n A, Z—o
James H. Laughlin, III
Principal
Attachment A: NPDES Permit Name/Ownership Change Form
ATTACHMENT A
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
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NORTH CAROLINA
Enyrronmenral Quality
NC DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF Energy, Mineral, and Land Resources
052022
STORMWATER PROGRAM
NPDES STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
Permit Number: NCS����_� or
1. Facility Name (prior to change): Classic Leather,
NEW OWNER/NAME INFORMATION:
2. This request for a name change is a result of:
X a. Change in ownership of property/company
b. Name change only (Facility and/or Company)
NCG_ Ij 8j���3_
c. Other (please explain):
(for example, facility address update. Include additional attachments if necessary.)
3. New owner's name (name to be put on permit as Permittee):
Furniture, LLC
4. New owner's or signing official's name and title: Brandon M. Hucks
(Person legally responsible for permit)
Senior Vice President/CFO
(Title)
5. Mailing address: P.O. Box 608 City:
State: NC_ Zip Code: 28603 Phone: (
E-mail address:
6. New facility name (if applicable): Century Furniture, LLC Plant #12
7. Effective date of transfer or name change: November 30,
f oft ra �North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
919.707.9200
NPDES Stormwater Permit Name/Ownership Change
Page 2 of 2
III. PERMIT AND FACILITY CONTACT INFORMATION
8. New permit contact's name and title: Dennis Tart
(Permit Contact)
Environmental Engineer
9. Mailing address: P.O. Box 608
State: NC Zip Code: 28603
E-mail address: dennistart@centuryfurniture.com
(Title)
City: Hickory
Phone:( 828 ) 326-8376
10. New facility contact's name and title: Dennis Tart
(Facility Contact)
Environmental Engineer
11. Mailing address: P.O. Box 608
State: NC Zip Code: 28603
E-mail address: dennistart@centuryfurniture.com
12. New billing contact's name: Dennis Tart
(Title)
City: Hickory
Phone:( 828 ) 326-8376
(Billing Contact)
13. Mailing address: P.O. Box 608 City: Hickory
State: NC Zip Code: 28603 Phone: ( 828 ) 326-8376
E-mail address: dennistart@centuryfurniture.com
IV. FACILITY ACTIVITIES AND DISCHARGE INFORMATION
1. Will industrial activities at the facility remain the same asunder the previous owner?
Yes 1K No
2. Will the stormwater discharge location(s) remain the same? Yes O No 0
NOTE: if either of these questions is answered "No," then more information is needed to review
the request. Please attach documentation to describe and explain the changes to the facility
activities, stormwater discharges, and/or outfall location. Depending on the information
provided, the Division may require that the new owner file a new permit application.
Last Revised 3/13/2022
NPDES Stormwater Permit Name/Ownership Change
Page 2 of 2
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS
ALL OF THE ITEMS LISTED BELOW ARE INCLUDED.
REQUIRED ITEMS:
1. This completed application form (with original signature)
2. Legal documentation of transfer of ownership (such as relevant pages of a deed or a bill of sale) is
required for an ownership change request. Articles of incorporation are not sufficient for an
ownership change but can be provided for a name change.
3. Information to document facility, industrial activities, Stormwater discharges, or outfall changes
as noted in item IV above (if appropriate)
Why is this information needed?
Regulations in 40 CFR §122.63 allow for minor modifications to NPDES permits for a change of
ownership or operational control of a facility, provided that information supports that no other change
in the permit are necessary.
Why does this form need to be mailed in?
Permittees and applicants must fulfill signatory requirements in the NPDES federal
regulations in 40 CFR §122.22 (please see those regulations for guidance). Until NCDEQ's
electronic submission process meets Cross -Media Electronic Reporting (CROMERR)
requirements, this original signed (not digital signature) form must be mailed to the
address below. The uploaded copy is stored as part of the permit record in the Division's
digital repository.
Applicant's Certification:
I, Brandon M. Hucks , attest that the application for a name and/or ownership
change submitted 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, or if all
required supporting information is not included, this application package will be considered
incomplete and may be returned.
Signature: ZSa / Date:
THE COMPLETED APPLICATION AND ALL SUPPORTING INFORMATION SHOULD BE SENT TO:
DEMLR Stormwater Program
512 North Salisbury Street, 6th Floor (Office 640K)
1612 Mail Service Center
Raleigh, INC 27699-1612
Last Revised 3/13/2022
BILL OF SALE
This BILL OF SALE, dated as of November 30, 2022, is made by Classic Leather, Inc., a
North Carolina corporation ("Seller"), in favor of Century Furniture, LLC, a North Carolina limited
liability company ("Purchaser"), and is delivered in connection with the consummation of the
transactions contemplated by that certain Asset Purchase Agreement, dated as of the date hereof, by
and between Purchaser, Seller and Thomas H. Shores, Jr.. (the "Asset Purchase Agreement").
Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the
Asset Purchase Agreement.
Seller has agreed to sell the Purchased Assets to Purchaser pursuant to the Asset Purchase
Agreement.
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and on the terms and subject to the conditions set forth in the Asset Purchase
Agreement, Seller does hereby absolutely, unconditionally, and irrevocably sell, convey, assign,
transfer and deliver to Purchaser and its successors and assigns all of the Purchased Assets. Delivery
of this Bill of Sale constitutes receipt by Purchaser of the Purchased Assets, to have and to hold all
such Purchased Assets for Purchaser and its successors and assigns for their own use and behalf
forever.
Seller, for itself and its successors and assigns, further covenants and agrees with Purchaser
and its successors and assigns that it will execute and deliver such other bills of sale, transfers,
assignments and other instruments of conveyance and will do such other acts as reasonably requested
by Purchaser to vest in Purchaser title to the Purchased Assets and to fulfill and discharge Seller's
obligations of conveyance hereunder and under the Asset Purchase Agreement.
This Bill of Sale is executed and delivered pursuant to, and is subject to the terms of, the
Asset Purchase Agreement, and nothing contained herein is intended to alter, modify, expand or
diminish the terms set forth in the Asset Purchase Agreement, including without limitation the
representations, warranties, covenants and agreements therein relating to the Purchased Assets or
otherwise. For the avoidance of doubt, no representations and warranties or indemnification
agreements with respect to the Purchased Assets are made in this Bill of Sale, it being understood
and agreed that any representations, warranties and indemnification obligations with respect to the
Purchased Assets are set forth in the Asset Purchase Agreement. To the extent there is any conflict
or inconsistency between the terms and provisions of this Bill of Sale and the Asset Purchase
Agreement, the terms and provisions of the Asset Purchase Agreement will govern.
This Bill of Sale shall be governed by and construed in accordance with the laws of the State
of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of
the State of North Carolina or any other jurisdiction) that would cause the application of the laws of
any jurisdiction other than the State of North Carolina.
Seller may deliver an executed copy of this Bill of Sale by facsimile or electronic mail (in
.pdf format) to Purchaser and such delivery shall have the same force and effect as any other delivery
of a manually signed copy of this Bill of Sale.
(The following page is the signature page)
15564119v128390.00011
IN WITNESS WHEREOF, the undersigned has executed this Bill of Sale as of the date first
written above.
CLA SIC LEATHER, ID�C
B
Thomas H. Shores, Jr.
Chief Executive Officer