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NCGNE0262_COMPLETE FILE - HISTORICAL_20080625
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V UCO N� o a DOC TYPE O/HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ �UOp U �� YYYYMMDD wA 9Q� Michael F.Easley,Govemor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Q '[ Coleen H.Sullins,Director Division of hater Quality 25 June 2008 Mr. Don Hulke, Health & Safety Specialist Olympic Products, LLC 4100 Pleasant Garden Road Greensboro, NC 27406 SUBJECT: Stormwater No Exposure Certification Certification No. NCGNE0262 Olympic Products, LLC Guilford County - Mr. Hulke, This correspondence is being sent to you regarding my site inspection on Wednesday, June 25, 2008. This inspection was conducted at your request to determine if the Olympic Products, LLC facility located at 4100 Pleasant Garden Road in Greensboro, NC was in compliance with the Stormwater No Exposure Certification (NCGNE0262). The following items were noted during this inspection: 1) Pallets must not be stored outside without the benefit of a cover. It is recommended that all pallets be stored in one of the empty trailers at the rear of the facility; 2) The secondary containment valve at the railcar area should be closed and locked at all times and only opened for release after the impounded water is visually inspected and a record of such inspection is kept; 3) The secondary containment valve at the fuel oil tank area should be closed at all times and only opened for release after the impounded water is visually inspected and a record of such'inspection is kept. The actual discharge location must be located and recorded; 4) All trash should be placed inside the dulnpsters and not placed adjacent to the dumpsters; 5) The black 55-gallon drum located near the fence at the old guard house should be properly labeled and inspected for leaks. Once these five (5) items have been addressed,-please contact me to schedule a follow-up inspection. Should you have any questions or comments regarding this correspondence, please do not hesitate to contact me at (336) 771-4963. Sincerely, W. Corey Basinger Environmental Engineer Cc: Central Files, VVSRO NortttCarolina Alaturally North Carolina Division of Rater Quality 585 Waughtown Street Phone(336)771-5000 Customer Service Winston-Salem Regional Office Winston-Salem,NC 27107 Fax (336)771-4630 1-877-623-6748 Entemet: www.ncwaterqualitY.org An Equal Opportune tylAffirmative Acton Employer—50%Recycledfl0%Post Consumer Paper �OF W A TF9Q Michael F.Easley,Governor OG William G.Ross Jr.,Secretary co r North Carolina Department of Environment and Natural Resources Q Coleen 11.Sullins,Director Division of Water Quality 25 June 2008 Mr. Don Hulke, Health & Safety Specialist Olympic Products, LLC 4100 Pleasant Garden Road Greensboro, NC 27406 SUBJECT: Stormwater No Exposure Certification Certification No. NCGNE0262 Olympic Products, LLC Guilford County Mr. Hulke, This correspondence is being sent to you regarding my site inspection on Wednesday. June 25, 2008. This inspection was conducted at your request to determine if the Olympic Products, LLC facility located at 4100 Pleasant Garden Road in Greensboro,NC was in compliance with the Storm«later No Exposure Certification (NCGNE0262). The following items were noted during this inspection: 1) Pallets must not be stored outside without the benefit of a cover. It is recommended that all pallets be stored in one of the empty trailers at the rear of the facility; 2) The secondary containment valve at the railcar area should be closed and locked at all times and only opened for release after the impounded water is visually inspected and a record of such inspection is kept; 3) The secondary containment valve at the fuel oil tank area should be closed at all times and only opened for release after the impounded water is visually inspected and a record of such inspection is kept. The actual discharge location must be located and recorded; 4) All trash should be placed inside the dumpsters and not placed adjacent to the dumpsters; 5) The black 55-gallon drum located near the fence at the old guard house should be properly labeled and inspected for leaks. Once these live (5) items have been addressed, please contact me to schedule a follow-up inspection. Should you have any questions or comments regarding this correspondence, please do not hesitate to contact me at (336) 771-4963. Sincerely, W. Corey Basinger Environmental Engineer Ont Cc: Central Files, NNISRO No hcarotina ,lVatim,711y North Carolina Division of Water Quality 585 Waughtoum Street Phone(336)771-5000 Customer Service Winston-Salem Regional Office Winston-Salem,NC 27107 Fax (336)771-4630 1-877-623-6748 Intemet: www.ncwater ualitv.or An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper F W A TF Michael F.Easley,Governor '9QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality Coleen H.Sullins,Deputy Director Division,of Water Quality May 8, 200 5 RIE:CENTI) N.C.Deot of ENR Mr. Dave Quinlan MAY 12 2M Olympic Products, LLC WinitonSalom 4100 Pleasant Garden Road Greensboro, NC 27406 Subject. No Exposure Certification NCGNE0262 Olympic Products, LLC 4100 Pleasant Garden Road, Greensboro, NC Guilford County -Dear Mr. Quinlan: The Division has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on March 31, 2006. Based on your submittal.and signed certification of no exposure at the above referenced facility, the Division is granting your certification as provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no exposure certification, you are obligated to maintain no exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no- exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no-exposure exclusion expires in five years (April 30, 2011). At that time you must re-certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you'have any questions or need further information, please contact Sarah Young at(919) 733-5083, ext. 502, or at sarah.young@ncmail.net. Sincerely, ORIGINAL SIGNED BY . KEN PICKLE for Alan W. Klimek, P.E. cc: Winston-Salem Regional Office Central Files—wlattachments Stormwater Permitting Unit Files A 14CI)Eh N.C.Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 (919)733-7015 Customer Service 1-877-623-6748 ,q]� Michael F.Easley,Governor 0 9oG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources U3 Alan W.Klimek,P.E.Director Division of Water Quality p Y Coleen H.Sullins,Deputy Director Division of Water Quality May 8, 2006 Mr. Dave Quinlan Olympic Products, LLC 4100 Pleasant Garden Road Greensboro, NC 27406 Subject: No Exposure Certification NCGNE0262 Olympic Products, LLC . 4100 Pleasant Garden Road, Greensboro, NC Guilford County Dear Mr. Quinlan: The Division has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES Stormwater Permitting form,which we received on March 31, 2006. Based on your submittal and signed certification of no exposure at the above referenced facility, the Division is granting your certification as provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no exposure certification, you are obligated to maintain no . exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no- exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise,the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no-exposure exclusion expires in five years (April 30, 2011). At that time you must re-certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Sarah Young at(919)733-5083, ext. 502, or at sarah.young@ncmail.net. Sincerely, for Alan W. Klimek, P.E. cc: Winston-Salem Regional Office Central Files—wlattachments Stormwater Permitting Unit Files 1R� NCDEh N.C.Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 (919)733-701 S Customer Service 1-877-623-6748 Re: no-exposures SubJect: Re: no-exposures From: Corey Basinger-<Corey.Basinger@ncmaiLnet> Date: Mon, 10 Apr 2006 15:14:09 -0400 To: sarah young <sarah.young@ncmail.net> Proceed with issuance of the NCGNE's for 0262, 0268, 0270, and 0273. Thanks! Corey Corey Basinger Corey.BasingerMCmail .net NC DENR Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 (336) 771-5000 Fax (336) 771-4630 On 3/23/2006 3:43 PM, sarah young wrote: Hi Corey- Attached are the next batch of no-exposures for you region. Open the files using adobe reader. Thanks, Sarah Corey Basinger <Corey.Basinger@NCmail.net> WSRO NC DENR 1 of 1 5/8/2006 2A � - l�-'���...t�I....'�i��•`•� :�;Li r� .� ��` =qJJ:� � � . 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I� ri � ���� s3 �i" �� � �rv� � �_y i �f �o- �' ' P !��dJC' a r:� '} ✓ r t � F� Isf � J T rj''''r r 19wW rY r,�7?8 -��}`j` -�; �'7 ,: '�: �:...'-' } � l`' _ - �,[� T-ytM3 :".'•s- t � r4) - }�-, .ice•-ti�,y � ! f 7 ^-.A s)vn t'i,.. r yr/�p � 1 "� .I 'A73r� - jam^ :f #" _ '.`�t 17 L ����5 - J y a ���1,. =-a�iRn�Y.-,✓� �l�i_'�*'��'S�'�'^ „�J' :t•:,J•','�Y=r "( `��f,. �^�.�i Y�Jr Z;`•! Copyright(C)f 99B,Maptech,Inc. (nJ5(zo �C&NFos& 0, United States Environmental Protection Agency Form Approved 9 Y OMB No.2040-0211 NPDES A Washington,DC 20460 FORM `fir,EPA NO EXPOSURE CERTIFICATION for Exclusion from 351 U-19 NPDES Storm Water Permitting Submission of this No Exposure Certification constitutes notice that the entity identified In Section A does not require permit authorization for its storm water discharges associated with industrial activity in the State Identified in Section B under EPA's Storm Water MuIU-Sector General Permit due to the existence of a condition of no exposure. A condition of no exposure exists at an industrial facility when all Industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain,snow,snowmelt,and/or runoff. industrial materials or activities Include,but are not limited to,material handling equipment or activities, Industrial machinery,raw materials,Intermediate products,by-products,Anal products,or waste products. Material handling activities Include the storage, loading and unloading,transportation,or conveyance of any raw material,Intermediate product,final product or waste product. A storm resistant shelter Is not required for the following Industrial materials and activlties: - drums,barrels,tanks,and similar containers that are tightly sealed,provided those containers are not deteriorated and do not leak. "Seated" means banded or otherwise secured and without operational taps or valves; - adequately maintained vehicles used In material handling;and - final products,other than products that would be mobilized In storm water discharges(e.g.,rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition,the exclusion from NPDES permitting Is available on a facility-wide basis only,not for Individual outtalls. If any Industrial activities or materials are or will be exposed to precipitation,the facility Is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form,the entity In Section A Is certifying that a condition of no exposure exists at its facility or site, and is obligated to comply with the terms and conditions of 40 CFR 122.26(g). ALL INFORMATION MUST BE PROVIDED ON THIS FORM. Detailed instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4. A. Facility Operator Information -� /' 1.Name: l !_�) 1&11�=lGlL,dn I�I 1�I FI UI SI'l I of 1 t (ZifPI i� ji PI M) ``NPII �Vi tq1A i Phone: �I�II�f 31�1�f`�I�I�IGf 3.Mailing Address: a.Street: L`�11 I r q 121 1�1 1 61 a I<In),it 1(�141 A NI 014 I � � l_ I ) I' I I I I f b.City. , iA c.State: r- i CJ d.Zip Code: 71#JQ1�d—I I I I B. Facility/Site Location information � 1.Facility Name: 11 1 1 I$OAJ FIrli A IWN IPI IIAou!! IQIIT !I C.]41>tlPIW 1 /1 11A-} 2.a.Street Address: ALLLa, G E J b,City: InlIel JR1YII-,IhlC.I ftCI I I I I I I I I I I I I I c.County: I I Z d.State: e.Zlp Code: f qf'_ " 6-1 1 1 I M Q z L 3.Is the facility located on Indian Lands? Yes E] No X D 4.Is this a Federal facility? Yes No � a 5.a.Latitude: a-Lbi �LLA p-, F" b.Longitude: () I I l L,!`j 6.a.Was the facility or site previously covered under an NPDES storm water permit? Yes Ej No W N —1 a b. If yes,enter NPDES permit number: 'J 7.SICIActivlty Codes: Primary: 01 ig I I Secondary(if applicable): r 8.Total size of site associated with industrial activity: __- � acres 9_a.Have you paved or roofed over a formerly exposed,pervious area in order to qualify for the no exposure exclusion? Yesx No b, if yes,please indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure exclusion. However,your permitting authority may use this Information in considering whether storm water discharges from your site are likely to have an adverse Impact on water quality,in which case you could be required to obtain permit coverage. Less than one acre I/\I One to five acres El More than five acres EPA Form 3510-11 (10-99) !�t Page 4 of 4 NPDES EPA NO EXPOSURE CERTIFICATION for Exclusion from Form Approved FORM OMB No.2040-0211 . 3510-11 NPDES Storm Water Permitting C. Exposure Checklist Are any of the following materials or activities exposed to precipitation,now or In the foreseeable future? (Please check either"Yes"or'NT In the appropriate box.) If you answer"Yes"to any of these questions (1)through(11),you are not eligible for the no exposure exclusion. Yes No 1. Using,storing or cleaning industrial machinery or equipment,and areas where residuals from using,storing [� or cleaning industrial machinery or equipment remain and are exposed to storm water 2. Materials or residuals on the ground or in storm water inlets from spillstleaks 3. Materials or products from past industrial activity 4. Material handling equipment(except adequately maintained vehicles) 5. Materials or products during loadinglunloading or transporting activities 6. Materials or products stored outdoors(except final products Intended for outside use[e.g.,now cars]where ❑ exposure to storm water does not result in the discharge of pollutants) 7. Materials contained In open,deteriorated or leaking storage drums,barrels,tanks,and similar containers 8. Materials or products handled/stored on roads or railways owned or maintained by the discharger 9. Waste material(except waste In covered,non-leaking containers(e.g.,dumpsters]) El 10. Application or disposal of process wastewater(unless otherwise permitted) 11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated (I.e„under an air quality control permit)and evident In the storm water outflow D. Certification Statement I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of"no exposure"and obtaining an exclusion from NPDES storm water permitting. I certify under penalty of taw that there are no discharges of storm water contaminated by exposure to Industrial activities or materials from the Industrial facility or site Identified In this document(except as allowed under 40 CFR 122.26(g)(2)). I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and,if requested,to the operator of the local municipal separate storm sewer system(MS4)into which the facility discharges(where applicable). I understand that I must allow the NPDES permitting authorlty,or MS4 operator where the discharge Is Into the local MS4,to perform inspections to confirm the condition of no exposure and to make such Inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water from the facility. Additionally,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 gathered and evaluated 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 Informatlon,Including the possibility of fine and Imprisonment for knowing violations. Print Name: I FI lZ I II DI E I f!€1 I C 114 I Ri t I&TI rt I I I I I I I I I I I I I I I I I ) Print-title: Signature: Date: pit 10 A ca C� EPA Form 3510-11 (40-99) Page 2 of 4 VM v1�ateam IHCORPORATER 4100 Pleasant Garden Road • Greensboro, NC 27406 • 336-378-9620 • 800-334-0239 • Fax: 336-273-0236 'azI> Lug Mr. Bradley Bennett a c NCDENR — Division of Water Quality 1617 Mail Service Centerg Raleigh NC 27699-1617 [� Dear Mr. Bennett, We would like to submit the enclosed form 3510-11 (No Exposure Certification for Exclusion from NPDES Storm Water Permitting) for our Vitafoam Pleasant Garden facility. Please note that an earlier exclusion (April 20, 2005) was granted for the Vitafoam. High Point plant, but this is a different facility location. Sincerely, C , pfl .4.ems, C. M. Player Environmental Manager Vitafoam, Inc. VU A British Vita Company MEMBER,POLYURETHANE FOAM ASSOCIATION 5� WA IE Pjichael F.Easley,Governor �0 �4 \l� William G.Ross Jr.,Secretary r,�P4 North Carolina Department of Environment and Natural Resources DLUd t/ L Alan W.Klimek,P. E.Director Ar-i Division of Water Quality Q Cotten H.Sullins,Deputy Director Division of Water Qua)ity April 20, 2005 Gary Adams Vitafoam Inc 2222 Surrett Dr High Point, NC 27263 Subject: No Exposure Certification NCGNE0012 Vitafoam Incorporated -2222 Surrett Dr Randolph County Dear Permittee: The Division has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on September 12, 2002, We apologize for the extended period it has taken us to get back to you on this request and we appreciate your patience as we have worked through this process. Based on your submittal and signed certification of no exposure at the above referenced facility the Division is granting your certification as provided for under 40 CFR 126.22(g)which is incorporated by reference in North Carolina regulations. In addition, your coverage under general permit NCG050162 is also hereby rescinded. This rescission is based upon your certification of no exposure conditions at this facility. Please note that by our acceptance of your no exposure certification, you are obligated to maintain no exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no- exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no-exposure exclusion expires in five years (April 30, 2010). At that time you must re-certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Jonathan Diggs at (919) 733-5083 ext. 537, or at jonathan.diggs@ncmail.net. Sincerely, for Alan W. Klimek, P.E. cc: Winston-Salem Regional Office Central Files —wlattachments tgl_DENR N.C.Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 (919)733-W15 Customer service 1-877-623-6749 Michael F.Easlcy,Governor �C} G 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 NAMEIOWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Pen-nit (Or) Certificate of Coverage N C N C I G Q 6 II. Permit status prior to status change. a. Permit issued to(company name): CA d CD�Q b. Person legally responsible for permit: & 2P✓` D , First 1 MI ! Last �@ 9 NiA Pr- n Leo easa ' 2 MA 3S3MM, rmitHolderMailin Address � �DENR _ City State Zip +h'eaanes d,CATR A1 I (3�o - 3 T 9-j 6 0� (3 3� t7•t>•'lFttP.r Brar+rl- Phone Fax c. Facility name(discharge): ! d. Facility address: �� Z i Address d�t�Py►�Sboro Ne__ �7LDr ' tty State Zip e. Facility contact person: Q� 33 First 1 MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: 2"Change in ownership of the facility 51"Name change of the facility or owner If other please explain: b. Permit issued to(company name): G C- c. Person legally responsible for permit: irst 1 MI I Last Trt �l oa ►P��edSa v�. r,,"/,p'i I . ss Permit Holder Mailing Addre City slate Zip (33l� 375-16 )e- G'2�lri�mfvl Phone E-mail Address oLQIG� C d. Facility name(discharge): Q L L C J C .3 e. Facility address: 6 ANC ddress City State Zip f. Facility contact person: 0,6Aes �q Q{" ~First / MI / st i (334) 37t . nffiq whv_ V J47 Phone E-mail Address/ �J f tw � WYi Revised 7/2005 IG ."s• r'p r A 77 - ~� � � of PERMIT NAME/OWNERSHIP CHANCE FORM Page 2 of 2 IV. Permit contact information: (if different from the person legally responsible for the permit) Permit contact: 56L yh F. First t Ml / 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? 2 Yes ❑ No(please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING. l�This completed application is required for both name change andlor ownership change requests. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ................................................................................................. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERT TT E CERT CATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed 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 infonnation is not included, this application package will be returned as incomplete. Si at - Date APPLICANT CERTIFICATION: 1, _ Dq U Q f- U 11 1414 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 appli ation package will be returned as in "replete. Signature V Date ................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Revised 7/2005 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax$15,766.00 Part of Tax Lot No. Parcel Identifier No. 090906310060500004 Verified by County on the day of By Mail after recording_to Grantee This instrument was prepared by Robinson,Bradshaw&Hinson,PA(TEMl) Brief description for the Index THIS DEED made this 30 Day of January 32006 ,by and between GRANTOR GRANTEE VI TAFOAM INCORPORATED, OLYMPIC PRODUCTS LLC a North Carolina corporation a North Carolina limited liability company c/o Robinson,Bradshaw&Hinson,P.A. 4100 Pleasant Garden Road 101 North Tryon Street,Suite 1900 Greensboro,North Carolina 27406 Charlotte,NC 28246 Attn:Krista R.Bowen,esy. Enter in appropriate block for each party: name,address,and,if appropriate,character of entity,e.g.corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns, and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in the City of Greensboro,Guilford County,North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. C-9686670 08610.01049 I CERTIFICATION OF NON-FOREIGN STATUS (ENTITY TRANSFEROR)AND FORM 1099 INFORMATION SOLICITATION Section 1445 of the Internal Revenue Code provides that a transferee of a U.S.real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by the transferor,the undersigned hereby certifies the following on behalf of the transferor named below: 1.. Transferor: Vitafoarn Incorporated Entity Type: North Carolina corporation 2. The transferor is not a foreign person, foreign corporation,foreign partnership,foreign trust;or foreign estate(as those terms are defined in the Internal Revenue Code and Income Tax Regulations). 3. The transferor is not a disregarded entity as defined in Treasury Regulation§1.1445 2(b)(2)(iii). 4. The transferor's taxpayer identification number is: 56-1739561 5. The transferor's address is: Vitafoam Incorporated c/o Robinson,Bradshaw&Hinson,PA. 101 North Tryon Street,Suite 1900 Charlotte,NC 28246 Attru Krista R.Bowen,esq. 6. Closing Date: January 30,2006 7. Gross Proceeds: $7,883,000 NOTE: If there are multiple transferors,designate how the proceeds should be allocated. Addressidescription of Property being transferred: 4100 Pleasant Garden Road (81.72 acres (more or less), located in Guilford County,North Carolina,as shown on survey entitled"As Built Survey for Vitafoarn Incorporated"dated December 7, 1996, and prepared by Borum,Wade and Associates,P.A.) . Transferor hereby agrees and understands that transferee or Robinson, Bradshaw & Hinson, P.A., as the closing agent/attorney, may be required by law to furnish the Transferor's Taxpayer Identification Number or Employer Identification Number and any information contained herein to the Internal Revenue Service or such similar state agency and that any false statement contained herein could be punished by fine, imprisonment, or both. You are required by law to provide Robinson, Bradshaw & Hinson, P.A. with your correct Taxpayer Identification Number. If you do not provide Robinson, Bradshaw & Hinson, P.A. with your correct Taxpayer Identification Number, you may be subject to civil or criminal penalties imposed by law. C-96867M 08610.01049 Under penalty of petury the undersigned declares and certifies that I have examined this certification and to the best of my knowledge and belief it is fire,correct,and complete,and I further declare that I have authority to sign this document on behalf of the transferor. TRANSFEROR: VITAFOAM INCORPORATED,a North Carolina corporation By: Name: Barry J.Lucas Title: President Sworn to and subscribed before me,this day of Jam,200 G. Notary Public �+ Typed or Printed Name of Nota4 My commission expires: -7-1 1�aC31d (Official Seal) 2 EXIT A Being all that certain tract or parcel of land lying in Guilford County, North Carolina and being more particularly described as follows: BEGINNING at an existing iron pin (the `Beginning Point") located in the railroad right-of-way of Norfolk & Southern Railway (200' right-of-way), which Beginning Point is located the following two courses and distances from N.C.G.S. Monument "Fairy" (having grid coordinates of X=823,275.5844; Y=1,770,018.9895): (1) S. 29-15-42 W. 257.57 feet to an existing iron pin; and (2)N. 84-54-30 W. 4.53 feet to an existing iron pin, the Beginning Point; thence continuing in the right-of-way of Norfolk & Southern Railway the following (4) courses and distances (1) S. 05-31-33 W. 304.80 feet to a new iron pin; (2) 05-27-33 W. 289.71 feet to a new iron pin; (3) S. 05-52-58 W. 200.15 feet to a new iron pin; and (4) S. 05-1948 W. 503.17 feet to a new iron pin; thence with the common boundary of that property owned by T.F. Smith 4 (now or formerly) as described in Deed recorded in Book 3865, at Page 256 of the Guilford County Public Registry the following (2) courses and distances (1)N. 84-22-24 W. 64.10 feet to a new iron pin; and (2)N. 85-06-07 W. 1181.02 feet to an existing iron pin; thence with the common boundary of that property owned by W.O. Elkins (now or formerly) as described in Deed recorded in Book 4210, at Page 1250 in said Registry N. 85-04-59 W. 1511.74 feet to an existing iron pin; thence with the common boundary of that property owned by C.E. Humble (now or formerly) as described in Deeds recorded in Book 3755, at Page 260, Book 3133, at Page 301, and Book 2993, at Page 350, all in said Registry, and with the boundary of Terry Cameron (now or formerly) as described in Deed recorded in Book 4205, at Page 932 in said Registry N. 05-50-52 E. 1285.60 feet to an existing iron pin; thence with the common boundary of Cedar Creek Subdivision as shown on plat recorded in Plat Book 91, at Page 150 of said Registry S. 87-32-09 E. 518.71 feet to an existing iron pin; thence with the common boundary of that property owned by W.F. Moser (now or formerly) as described in Deed recorded in Book C-96B6670 08610.01049 2299, at Page 742 in said Registry S. 84-40-51 E. 366.96 feet to an existing iron pin; thence with the common boundary of that property owned by W.F. Moser (now or formerly) as described in Deed recorded in Book 2197, at Page 27 in said Registry S. 84-43-03 E. 607.16 feet to an existing iron pin; thence with common boundary of that property owned by I.R. Still (now or formerly) as described in Deed recorded in Book 1400, at Page 198 in said Registry S. 84-54-30 E. 1261.16 feet to an existing iron pin,being the Beginning Point. LESS AND EXCEPT from the above described property the following .450 acre (more or less) tract of H.B. Tucker (now or formerly) as described in the Deed recorded in Book 1866, Page 151 in said Registry: Beginning at a point located in the railroad right-of-way of Norfolk & Southern Railway (200' right-of-way), which point is located the following three (3) courses and distances from the Beginning Point described above: (1)with the eastern boundary of the property described above, S. 05-31-33 W. 19.64 feet; (2) continuing with such eastern boundary S. 05-31-33 W. 3.89 feet to a point; and(3)leaving such eastern boundary S. 16-24-30 W. 6.01 feet to a point,the place of beginning of such .450 acre (more or less) tract; thence S. 16-24-30 W. 100.00 feet to a point in such railroad right-of-way; thence leaving such railroad right-of-way N. 84-54-30 W. 200.00 feet to a point;thence N. 16-24-30 E. 100.00 feet to a point; thence S. 84-54-30 E. 200.00 feet to the point and place of beginning of such.450 acre(more or less)tract. The foregoing tract or parcel, excepting the .450 acre (more or less)tract of H.B. Tucker(now or formerly) contains 81.72 acres (more or less), all as shown on survey entitled "As Built Survey for Vitafoam Incorporated"dated December 7, 1995, and prepared by Borum, Wade and Associates, P.A. Being the same property conveyed to Cone Mills Corporation by Ernmett Z. Tucker and wife Rachel W. Tucker; A.R. Tucker and wife Gladys H. Tucker; Da Mae Tucker Powers and husband Jim Powers; Hattie Smith Gray and husband H.L. Gray in deed dated July 29, 1969 and recorded July 31, 1969 in Deed Book 2446, at Page 314; by Patricia T. Nesbit and husband Charles L. Nesbit by deed dated July 29, 1969 and recorded July 31, 1969 in Deed Book 2446, at Page 319; and by Mabel Tucker Powers and husband Fletcher T. Powers;Hattie Tucker Ward, widow; Herbert B. Tucker and wife Opal Mae Tucker; Commie D. Tucker and wife Margaret B. Tucker; J. Frank Tucker and wife Barbara Tucker; Lois Tucker Hill and husband Harry L. Hill by deed dated July 29, 1969 and recorded July 31, 1969 in Deed Book 2446,at Page 323, all as recorded in the Guilford County Public Registry. C-968667v3 08610.01049 The property hereinabove described was acquired by Grantor by instrument recorded in_Book 43$7 P_ 517 of the ? fo;d County Public Registry A map showing the above described property is recorded in Plat Book.........page.......... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor has done nothing to impair such title as Grantor received,and Grantor will warrant and defend the title against the lawful claims of all persons claiming by,under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. The lien of Guilford County ad valorem taxes. 2. All valid and enforceable easements and restrictions of record. 3. Matters that would be shown by a current and accurate survey and inspection of the premises. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this' instrument to be signed in its corporate name by its duly authorized officers by authority of its Board of Directors, the day and year first above written. VITAFOAM INCORPORATED, a North Carolina corporation By: , Barry 1.Lucas,President STATE OF NORTH CAROLINA COUNTY OF GUILFORD I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Names)of Principal(s): Barry 3.Lucas,President Date: D Official Signature of Notary: Notary's printed or typed name: My commission expires: (Official Seal) C-968667v3 08610.01049 . t:r . _. . .. , , . � .. _ �, ,. _ r - , _ { . � � � � •, . A. � • .. . r " � t' , it _ � � _' i. 5 � � .r .. .. � r n \. NORTH AR LIN - sDepartmen4 of a Secretary of State CEWDFICATE OF EXISTENCE (Limited Liability Company) i,ELAN El F. M",R RALL, Secretary of;hate ofthe State ofNoTt Ciazo iaa, do hereby ce 6fi/that OLYARIC PRODIiCTS IBC is a limited Lab iIi'v company duly formed L:ader the laws of the Mate 0f North Carol}ua, having been .Lormcd on the 1Mh ,:ay of Jane"ary, 20=?6, will-1s its period of duradun being Perpet . l F R.T-11TER ce r- :bat the said i'rmited lial;itily compwi 's articks 0f orb:afion are not susce.idffJ xor faildie. to comply wifl &'e- Revenue.4c:cif the Stwle of Norffi C,arofim; that the sad limited Eiabiifty co parry is not adunin s-tr�tivel�� dissolved for faibure to corn ply v,,,th the ;pio-visions of ire-jorffi C arolmm Limited s !`a ?id l7Ttcdl �hll:ty � ael !aSII*ty Company Act., and t �€ � A ,:fdissolvi-ian as of trus date, of this certif,atc. tN WITNESS EMEOF,I Nava,hereto sec Ery baud and mixed my offis~ixl-seet at the C's.y dR 2016gh-,this-26`day of Jauljaiy,2006. Secretary of SWe SrL'I7fs' ::�S3dsSmeC>1=et NC:C� United States Environmental Protection Agency Form Approved NPOES a� Washington,DC 20450 OMB No,2040-0211 FORM18%# 3510-11 EPA NO EXPOSURE CERTIFICATION for Exclusion from NPDES Storm Water Permitting Submission of this No Exposure Certification constitutes notice that the entity Identified In Section A does not require penult authorization for Its storm water discharges associated with Industrial activity In the State Identified In Section B under EPA's Storm Water Multi-Sector General Permit due to the existence of a condition of no exposure. A condition of no exposure exists at an Industrial facility when all Industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain,snow,snowmelt,and/or runoff. Industrial materials or activities include,but are not limited to,material handling equipment or activities, Industrial machinery,raw materials.Intermediate products,by-products,final products,or waste products. Material handling activities Include the storage, loading and unloading,transportation,or conveyance of any raw material,Intermediate product,final product or waste product. A storm reslatant shelter Is not required for the following Industrlal materials and activities: — drums,barrels,tanks,and similar containers that are tightly sealed,provided those containers are not deteriorated and do not leak. "Sealed" means banded or otherwise secured and without operational taps or valves; — adequately maintained vehicles used to material handling;and — final products,other than products that would be mobilized In storm water discharges(e.g.,rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition,the exclusion from NPDES permitting is available on a facility-wide basis only,not for Individual ouHails. if any Industrial activities or materials are or will be exposed to precipitation,the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form,the entity in Section A Is certifying that a condition of no exposure exists at its facility or site, and Is obligated to comply with the terms and conditions of 40 CFR 122.26(g). ALL INFORMATION MUST BE PROVIDED ON THIS FORM. Detailed Instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4. A. Facility Operator Information 1.Name: t �� f Gi cq 101 ? l.; 1 2.Phone: 1. IZ5 111 YICI i 3.Mailing Address: a.Street: b.City. CI�l F'IC-Ii/li I i'y'.11n 6i I i I I 1 1 ! 1 I. I -I I c.State: d.Zip Code: B. Facility/Site location Information r t.FacllltyName: I��I. I 1 /�j}V I I I I(�ILUS'I 11! 11 I}; 10 ci 91.11�� �I 2.a.Street Address: A 1101CI ipl I I t'1A SS I(11 iw)h 61t j I h El L9 I ��! 1 t I I I l I 1 I T b.City: ��1,h H �11 L�I �i CLLtI-t_ 1 i 1 1 ! L 1 1 _1. _I. 1. 1 I c.County: d.State: a.Zip Code: L21.��t �� t`1-1 _1_ _1 1 o m Tj 3.Is the facility located on Indian Lands? Yes❑ No� �� A 4.is this a Federal facility? Yes[] No �� ���J I�. 6 D Q 5.a.Latitude; l LL o I 'r nJ , ��„- b.Longitude: fff r� 8.a.Was the tactlity or site previously covered under an NPDES storm water permit? Yea ❑ No b. If yes,enter NPDES permit number: 7.SICfActivity Codes; Primary: 1316 61 Secondary(If appllcable): I I 1 8,Total size of site associated with Industrial activlty: ) acres 9.a.Have you paved or roofed over a formerly exposed,pervious area In order to qualify for the no exposure exclusion? YesA No ❑ b. If yes,please Indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure exclusion, However,your permitting authority may use this Information In considering whether storm water discharges from your site are[Ikely to have an adverse Impact on water quality,In which case you could be required to obtain permit coverage, Less than one acre One to five acres ❑ More than live acres ❑ EPA Form 3610.11(10.99) Page 1 of 4 -r 1 NPDES A Form Approved FORM ,'yEPA NO EXPOSURE CERTIFICATION for Exclusion from OMB No.2040.0211 3510 i1 NPDES Storm Water Permitting C. Exposure Checklist Are any of the following materials or activities exposed to precipitation,now or In the foreseeable future? (Please check either"Yes"or"No'In the appropriate box.) If you answer"Yes"to any of these questions (1)through(11),you are not eligible for the no exposure exclusion. Yes No 1. Using,storing or cleaning industrial machinery or equipment,and areas where residuals from using,storing or cleaning industrial machinery or equipment remain and are exposed to storm water 2. Materials or residuals on the ground or In storm water Inlets from spills/leaks 3. Materials or products from past Industrial activity 4. Material handling equipment(except adequately maintained vehicles) 6. Materials or products during Ioadinglunioading or transporting activities B. Materials or products stored outdoors(except final products Intended for outside use[e.g..new cars]where C] exposure to storm water does not result In the discharge of pollutants) 7. Materials contained In open,deteriorated or leaking storage drums,barrels,tanks,and similar containers 6. Materials or products handled/stored on roads or railways owned or maintalned by the discharger 9. Waste material(except waste In covered,non-leaking containers[e.g.,dumpsters)) 10. Application or disposal of process wastewater(unless otherwise permitted) i 1. Particulate matter or visible deposits of residuals from roof stacks andlor vents not otherwlse regulated [� (i.e.,under an air quality control permit)and evident In the storm water outflow D. Certification Statement t certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of'no exposure'and obtaining an exclusion from NPDES storm water permitting. I certify under penalty of law that there are no discharges of storm water contaminated by exposure to Industrial activities or materials from the Industrial facility or site Identlfled In this document(except as allowed under 40 CFR 122.26(g)(2)). I understand that I am obligated to submit a no exposure cerliflcatlon form once every flve years to the NPDES permitting authority and,If requested,to the operator of the local municipal separate storm sewer system(M$4)Into which the facility discharges(where applicable). I understand that must allow the NPDES permitting authority,or MS4 operator where the discharge Is into the local MS4,to perform Inspections to confirm the condition of no exposure and to make such Inspection reports publicly available upon request. 1 understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water from the facility. Additionally,I certify under penalty of law that this document and all attachments were prepared under my dlrectton or supervision In accordance with a system designed to assure that quallfled personnel properly gathered and evaluated 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 bellef true,accurate and complete. I am aware that there are significant penalties for submitting false Information,including the possibility of fine and imprisonment for knowing violations. Print Name:I FI>Z Ic i 't)l F l tl 11 C l i4 I i:i i I Ai T 1`r-I III I l l_ -1_ t 1 11 1 1 I I I I Print Title: M Signature: Date: I L-4 EPA Form 3510-11(10-99) eof S� T �("` , i ._.-57�PRR ).. $�. E., �•'L_I //C .:'r } !�.' _J'; �'• 1+ t` r U ti bcl Tr r Y \ Jc•S''t, y F �_ r' � I -,•3"•x _ a'•+ �� >f '`r�, ,1 �- ^��/ `'y,;, - _"..� '•'i '�^-'1^ �' 3' )MCk78� r i -,,7 _ rt I a y /i - 4�' ,sf-s `1 r„ L e✓`r.- v �•`�6 �/S �" ..r, - r...r. ,� } 'S, N.4 `a - A), �` ` .,, f 3 �.. 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Q � 1� o � � - 4 Greenfield Fid=,L Pinec oft a � J Jima Park fL 421 �� Goal Gr nsboial Rocky 70 � n } GenFIVIP Greenhaven LJPj_X Green^Tree ' t WoodleeaLakes ��W`sndalia Rq - f llShannon Hills-SRannon:Woods l •..r. Vandalia Westbury- —� Tlie Pines a I Bishop Rd3 ,,� 11 �`—a a a Oar 111 32 .Bitters L Co t` 138 111 � Ro1na18,Rd- `� • ncord� /eh Rd220 �rY+�ia Rd r 1D km �D.5_fl'11 ktfsbroal,Rd"r7'� '•'`—��p4--�?�d � Nesbitt Rd- 9P) 0 Yahoo!lnc, Nk�UTEQ— When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Copyright © 2006 Yahoo! Inc. All rights reserved. Privacy Policy - Terms of Service - Copyright/1P Policy - Yahoo! Maps Terms of Use - Help - Ad Feedback 1 of 1 3/29/2006 9:37 AM r1 J J C � L MAR/.3.0/7.006/THU 02•: 54 PM VITA FOAM FAX No, 336-273-0238 P. 002 4.4 Miehaet P_8as[ey,GovcrizoC William G.!toss Jr.,Scavvy Nonh Oamliza Dapartnent of$ny"n rant and Natural Rasoweea Alas W.Wimck,P.S.DlM=T Di -ision of Water Quality qyy• L Please enter the permit number for which the change is requested. NPDES Permit (or) Ce.�r?uficate of CCojverage/ IL Permit status prier to status change, a. Permit issued to(company name): Ql~ l�Q�, gt b.Person legally responsible for permit: EWL C&L 1AA a& f rl` , First ! MI / Last itHoldarMail' Address Vl5 G 7YO q city Btasv Zip 3? — 7 — G 33 • Phone Fax e. Facility name(discharge): yl d Facility address: Ow , Address sty sta a zip e. Facility contact person: +f 3 First I MI 1 Last Phono M. Please provide the following for the requested t:hange (revised permit). L Request for change is a resuit of: i'Change in ownership of the Facility Name change of the facility or owlaor Ijoeher please Masts: b. Permit issued to(company name): Q 1M � L e, 'S �C- c. Person legally responsible for permit: first . I Mi I LdSt Ti tiz T Permit Holder Massing Address vGS oy)o - ryy..fy�j City b �[/J� / ) ttatte Zip L Q Phoa F-snail dress OC witG� d. Facility name(discharge): G G a, , e. Facility address: , Address , Iva L" �lc-- lie City I A zip f. Facility contact person: Q{" First ! W / fmt pp (33G) 3'I 5�f ± AI}P1 L�1 ` Phone 13-mail Addt RevlseQ VZOOS MAR/30/2006/THU 0.2: 54 PM VITA FOAM FAX No, 336-273-0238 P. 003 PERMIT NAME/OWNER=CHANGE FORM Page 2 of IV. Permit contact information: (if different from the person legally responsible for the permit) Permit contact; Ed First ! Nit I Last Title Mailing Address City smo Zip i'bono E-mail Address V. Will the permitted facility continue to conduct the same Industrial activities conducted prior to this ownership or name change? f1-Yes . . U No(please explain) VI. Regaired Items: TRI'SAPPLIC4TION HaU BE ARTIJRNED UNPROCESSED IF ITEMS ARE .INCOMPLETE OR MISSING.- Fil�This completed application is required for both name change and/or ownership change requests, WKI.egal 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. ..........................a a a a■a a a a............................................a a a a a 0,4 a a a a a.a a a.. The certifications below must be completed and signed by both the peen-it ,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 sufflctent. PE TT E CER 6CATION(Permit holder prior to ownership change): L attest that this application for a narne/ownership change has been reviewed 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 rcr=cd as incomplctc_ I&1,ow 4--1 si a rt Date APPLICANT CERTIFICATION: I, D%II P` Q ukld la /h _ , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowlcdge. I undcrstand that if all recluirid parts of this application are not completed and that if all required supporting information is not included, this appli lion pac a wi be returned as in dirtplete. C-% 3Z Q Signature Date aaaaaaaaaaara....■■ PLEASE SEND TRE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water protection Section 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Rtvisea 7=o5 MAR/30/2006/THU 92: 54 PM VITA FOAM FAX No. 336-273-0238 P. 004 f I I NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax$15,766.00 Part of Tax Iat No. Parcel ldentifrer No. 090906310060500004 Verified by County on fhe day of $y Mail afor recordiaz.tn Grantee This instrument was prepared by Robtnson,Bradsbaw&BlnsoA PA(TUM -- — Brief description for the Index THIS DEED made thin 30a Day of January .2006 ,by and between GRANTOR GRANTEE VfTAFOAM INCORPORATED, OLYMPIC PRODUCTS LLC a North Carolina corporation a North Carolina limited liability company c/o Robinson,BradAaw&Hinaon,PA. 4100 Pleasant GozdmRoad 101 North Tryon Street,Suite 1900 Greensboro,Noah Carolina 27406 Charlotte,NC 28246 Attn:Kdsta R.Bowen,esq. Enter to appropriate block for each party; name,address,and,if appropriate,charneter of entity,e.g.corporation or partnersbip. The designation Grantor and Grantee as used herein shad include said parties,their heirs,successors,and assigns, and shall include singular,plural,masculine,faminina or neuter ae required by context W1TN13.SSErM ffiat the C3rantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,has and bythese presents does grant,bargain,sell and convey-unto the Grantee in fee simple,all that certain lot or parcel of land aittaated in tho Caty of Greensboro,Guilford County,North Carolina and mwre particularly described as follows: See Bxbibit A attached hereto and incorporated herein by raferm= G96666M 08610.01049 _MAP/30/2006/THU 02: 54 PM VfTA FOAM FAX No. 336-273-0238 P, 005 CERTMCATION OF NON-F01M N STATUS (EN=rRANSh'.LROR)AND FORM 1099 INFORMATION SOLICITATION Section 1445 of the lutc=al Rov=me Code prvvi.dw that a tranaferee of a U.S.real property interest must withhold fax if tb,e transferor v a 5oreign person To inform the transferee that withholding of tax i9 not required upon the disposition of a U.S, real property i>xtErest by the transferor,the undcntigned hereby certifies the following onb ehalf of the tranaferor namedbelow: 1.. TY ukror: Vitafbam Iuomporaied Entity TWO. North Carolina corporation 2. The transferor is not a foreign person,foreign corporation,foreign putunhip,fbrcfgri mist,or foreign estate(as those tetra s are defined in the Internal Revenue Coda and Iuwxae Tax Regulations). 3. The transferor is not a disregarded entity as defined in Treasury Regulation§1.1445 2(b)(2)(in). 4. The transferors taxpayer identftat mnumber is: 56-1739561 5. The trensferor's address is: Vital =Incorporated Go Robinson,Bradshaw&I3insvn,P.A. 101 North Tryon.Street Saito 1900 Charlotte,NC 28246 Attu:Krista R.Bowen,esq. 6. Clooing Date: Faun y 30,2006 7. dross Proceeds: $7,883,000 NOTE: If there are multiple transferors,designate how me proceeds sIIould be allocated. AddresVduwz ption of Property being transfened: 4100 Pleasant Garden Road (81.72 acres (mare or less); located in Guilford County,North Carolina,as shown on survey entitled"As Built Survey for Vitafoam IwArporafu&'dated December 7, 1996, and prepared by Bozum,Wade and Associates,P-A.) Transferor hereby agrees and uud"Aands that transferee or Robinson. Bradshaw &Hinson. p.A„ as the closing agent/attorney, may be required by law to furnish the Transferor's T=payer Identification Number or Employer Identification Number and any information contained herein to the Internal.Revenue Service or such simM r state agency and that any false statement contained herein could be punisbed by AnE, lmprimmmeut, or both. You are required by law to provide Robineon, Bradshaw &Iatson, P.A. with your correct TwWayer Identification Number. If you do not provide Robinson. Bradshaw & Hinson. P.A. with your correct Taxpayer Identification Number, you may be subject to 'l or criminal penaltles imposed by law. C-968671v108610.01049 MAP,/30/2006/THU 02: 54 PM VITA FORM FAX No. 336-2`13-0238 P. 006 Under penalty of perjury the undemigned declares and certifies that I have examined this certification and to tho best of my knowledge and belief it is tme,co rect;and complete,and I furtb=dv lam rhea I hnvo authority to sign this document=bebalf of the d=feror. TRANShFROR: VITAFOAM INCORrORATE*a North Camhna.owporatian By- Name: Barry L Lucas Titim President Swom to and subQen'bed before mc,this �p�day of�d�Qd•,�200_,�r. Notary Public Typed.or Printed Name of No my commission cKpires: (Official Seal) 2 MAR/30/2006/' U 02: 54 PM VITA FOAM FAX No, 336-273-0238 P, 007 EXMIT A Being all that ccAdn traot or parcel of land lying in Guilford County, North Carolina and being more particularly desc7ibed ea follows: BEGfNNNA1TG at an existing iron pin (the `Beginning Point") located in the railroad right-of-way of Norfolk & Southern Railway (200' right-of-way), which Beginning Point is located the following two courses and distances from N.C.G.S. Monument "Faizy' (having grid coordinates of X=823,275.5844; Y 1,770,018.9895). (1) S. 29-15-42 W. 257.57 feet to an existing iron pica; and(2)N. 8454-30 W. 4.53 feet to an existing iron pin, the Beginning Point; thence continuing in the right-of-way of Norfolk& Southern Railway the following (4) courses and distances (1)S. 05-31-33 W. 304.80 feet to a new iron pin; (2) 05-27-33 W. 289.71 feet to a new iron pin; (3)S. 05-52-58 W. 200.15 feet to a new iron pin; and (4) S. 05-19-48 W. 503.17 foet to a new iron pin; thence with the common boundary of that property owned by T.F. Smith v (now or formerly) as described in Deed recorded in Book 3865, at Page 256 of the Ckdlfnrd County Public Rcgietry the following (2) courses and distances (1)N. 84-22-24 W. 64.10 feet to a new iron pin; anal. (2)N. 85-06-07 W. 1181.02 feet to an existing iron pin; thence with the common boundary of that property owned by. W.O. Elkins (now or formerly) as described in Deed recorded in Book 4210, at Page 1250 in said Registry N. 85-04-59 W. 1511.74 feet to an existing iron pin; thence with the common boundary of that property owned by C.B. Humble (now or formerly) as descr[bod in Deeds recorded in Book 3755, at Page 260, Book 3133, at Page 301, and. Book 2993, at Page 350, all in said Registry, and with the boundary of Terry Cameron (now or fomserly) as descn-bed in Reed recorded in Book 4205, at Page 932 in said Registry N. 05-50-52 E. 1285.60 feet to an existing iron pin.; thence with the common boundary of Cedar Creek Subdivision as shown on plat recorded in plat Book 91, at Page 150 of said Registry S. 87-32-09 E. 518.71 feet to an existing iron pits; thence with the common boundary of that property owned by W.F. Moser (now or formerly) as described in Deed recorded iu Book C•9686670 0861a.01049 MAR/30/2006/.THU 02: 64 PM VITA FOAM FAX No. 336-273-0238 P. 008 2299, at Page 742 in said Registry S. 84-40-51 E. 366.96 feet to an exisfxug uou pm;thence with the common boundary of that property owned by W.F. Moser (pow or formerly) as described in Deed recorded in Book 2197, at Page 27 in said Registry S. 84-43-03 E. 607.16 feet to an existing iron pin; thence with common boundary of that property owned by Y.R. Still (now or formerly) as described in Deed recorded In Book 1400, at Page 198 in said Registry S. 84-54-30 E. 1261.16 feet to an existing iron pin,being the Boginning Point. LESS AND ]iXCBPT from the above described properly the:following .450 acre (m a or less) tract of H.B. Tucker (now or forrmw1y) as described in the Deed receded in Book 1866, Page 151 in said Registry: Beginning at a point located in the railroad right-of-way of Norfolk & Southern Railway (200, right:-of-way), which point is located the following three (3) courses and distances from the Be&uing Point described above: (1)with the eastern boundary of the property described abovo, S. 05-31-33 W. 19.64 fbet; (2)continuing width such eastern boundary S. 05-31-33 W. 3.89 feet to a point;and(3)leaving such eastem boundary S. 16-24-30 W. 6.01 feet to a p oint,the place of begin' niIlg of such.450 acre (more or less) tract; thence S. 16 24-30 W. 1.00.00 feet to a point in such railroad right-of-way,thence leaving such railroad right of-way N. 84-54-30 W.200.00 feet to a point; thence N. 16-24-30 E. 100.00 feet to a point;thence S. 84-54-30 P. 200.00 feet to the point and place of beginning of such.450 acre(more or less)tract:. Tho farogojug tract or parcel, cx*q:vfmg the .450 a=(more or less)tract of H.B. Tucker(now or formerly) contains 81.72 acres (more or less), all as shown on survey entitled "As Built Survey for Vitafoam Incorporated'dated December 7, 1995, and prepared by Ronan Wade and Associates, P_A- Being the same property conveyed to Cone Mills Corpoiation by Emmett Z. Tucker and wife Rachel W. Tucker, A.R. Tucker and wife Gladys Fh Tucker; 11a Mae Tucker Powers and husband Tim Powers; Hattie Smith Gray and husband H.L. Gray in deed dated July 29, 1969 and recorded July 31, 1969 in Deed Book 2446, at Page 314; by Patricia T. Nesbit and husband Charles L. Nesbit by deed dated July 29, 1969 and recorded July 31, 1969 in Deed Book 2446, at Page 319; and by Mabel Tucker Powers and husband Fletcher T. Powers; Hardo Tucker Ward, widow;Herbeart B. TrCer and wife Opal Mae Tucker, Commie D. Tucker and wife Margaret B. Tucker; J. Frank Tuckcr and wife Barbara TuQkcr, Luis Tucker Hill and husband Harry L. Hill by deed dated July 29, 1969 and recorded July 31, 1969 in Doed Book 2446,at Page 323,all as recorded in the Guilford Couuty Public Registry. C-%0667v3 08610.01049 RAP/30/2006/,BV 02: 55 PM VITA FOAM FAX No. 336-273-0238 P. 009 The property hcreiaabvre described was aoquired by(hanter by iraetrument recorded in S.ggk p3V magic 517 a£&e � Clit< gis A map ahvo4ng the above described property is recorded in Plat Boo1c......�.page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all prwilogoa and appurb==es thereto belonging to the Grantee in fee aim . And tuts Qnmu covenants with-6c Grautoey that Cuantor has done mthing to impmr uwh txtle as Granter received,and armtor will warrant and dofond the title against the lawful claims of allpersons claiming by,under oz through Grantor, except for the erxceptiom barebaftr stated. Tole to the property hereinabove descn-bcd is subject to the following exceptions: 1. The lien of Guilford County ad valorem taxes. 2. AD valid and enforceable eaxroenta and zestictiaus of record. 3. Mattura that would be sbown by a current and accurate atnvey and inspection of the pzexnl m IN WETNESS WBEREOF, din Granter has hereunto set his hand and seal, or if corporate, bas caused this' instrument to be aigaed in its unpomte name by its duly authorized off oers by autbarity of its Board of Directors,the day and year fa vt above wetter. YiTAFOAM INCORPORATED, a North Carolina Corporation By: , H any L Lucas,President STATE OF NORTE CAROLMA COUNTY OF a[TffFORD i certify that the following person(s)personally appeared before me ft day, each acknowlexl&g to me that he volu rwrily dgnedthe foregoing document for the purpose skated therein and m the capacity Wicated. Narae(s)of prim4al(a)_ Haag J.Lucas.President mare• Official signatt=of Notwy. Le Nortary's printed or typed name: My commission expires: (Official seal} C-9688MM 08610.01049 MAR/30/2006/,THU 02:55 PM VITA FOAM FAX No. 336-273-0238 P. 0!0 NOR"'ll"H" CAROLING Department of The Secreter yr of State CE RTMCATL OF FOMTENCEE 0�iwited Liability Company) L ELARZ3 F. M- SHAII Secretary of S e, of tbe, Suy of North Careliina„ do hereby cep ;hat is a lizAited liabj- Ay GompMy duly formed a der tte zaws of the StWnbf Norge Carolim having beca forted un the 1211 dbry of Januzf,2006, WlM lu PF.Tiod dmtion beiug Perpetm-. FURTHER cart—ify ihat the said limited Ukility campy's artici'es of oi;-Qnm ckn are not susp--rded for fal-lb e to comply w:th the Revenue kct of the Stae of Nb-th Cara3lin tba!ffiL slid t s € . i<i r conVmy as � adMilli3t II—C�t dissolved for fair to cm-npfy with he previaions ofThcNorth Carolina rib d ip i!3ty Company Act, aBd that`tee s6d lamit�fiabiliW compmy has not famed amic'03 L_dissclufion as oftbiss dte ofOlLis ificatc. my hmd an3 affimd my amclal az at flm---Y c3 of R ie3gb,#is-ZM day cff Imumy,2Oo.�t Ccdifialfi ft MZNA30-1 F,�. =aa 907;939i3 §P&;V 3 d 1 '�gu dte .V. MAR/30/2006/,THU 02: 53 FM VITA FORM FAX No, 336-273-023$ F, 00I 0111 PIC Products LLC 4100 Pleasant Garden Road • Greensboro,NC 274D6 336-378=962a • 800-334-0239• Fax: 336-273-0238 Fax To: From: Pax: Pages: '71 � �tbo !D Phone: rj r [� Date: 2 — 3 0 — D la Re: C 1, .0 CC; Q Urgent For Review Q Please Comment 0 Please Reply © Please Recycle