HomeMy WebLinkAboutNCG180185_COMPLETE FILE - HISTORICAL_20130226STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
u
DOC TYPE
El COMPLETE FILE -HISTORICAL
DATE OF -
RESCISSION
❑ A-0 l3 oa aG
YYYYMMDD
A� jaA�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John Skvarla, III
Governor Director Secretary
February 26, 2013
Mr. William E. Smith
Hws Co Inc - Hws Co Incorporated-DBA White Uphole
PO Box 189
Hickory, NC 28603
Subject: Rescission of NPDES Stormwater Permit
Certificate of Coverage Number NCG 180185
Hws Co Inc - Hws Co Incorporated-DBA White Uphole
Guilford County
Dear Mr. Smith:
On 2/25/2013, the Division of Water Quality received your request to rescind your coverage under
Certificate of Coverage Number NCG 180185. In accordance with your request, Certificate of Coverage
Number NCG 180185 is rescinded effective immediately.
Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to
waters of the State without valid coverage under an NPDES permit is against federal and state laws and
could result in fines. If something changes and your facility would again require stormwater or
wastewater discharge permit coverage, you should notify this office immediately. We will be happy to
assist you in assuring the proper permit coverage.
If the facility is in the process of being sold, you will be performing a public service if you would inform
the new or prospective owners of their potential need for NPDES permit coverage.
If you have questions about this matter, please contact Boyd DeVane at 919 807-6373, or the Water
Quality staff in our Winston-Salem Regional Office at 336-771-5000.
Sincerely,
for Charles Wakild, P.E., Director
cc: Winston-Salem Regional Office
Stormwater Permitting Unit
DWQ Central Files - w/attachments
Fran McPherson, DWQ Budget Office - please waive applicable fees
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699.1617 NolthCai oIina
Location. 512 N. Salisbury St. Raleigh, North Carolina 27604 `r r
Phone: 91 M07-63001 FAX: 919-807-6494
Internet: wuvw.ncwaterquaRy.org
M Equal Opportunity 4 Affirmative Action Employer
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
.lames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
August 27, 1999
WILLIAM SMITH
HWS CO., INC. HICKORY WHITE UPHOLSTERY
P. 0. BOX 189
HICKORY, NC 28603
Dear Permittee:
1••
NCDENR
NORTH CAROLINA DE?ARTMt=NT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Reissue - NPDES Stormwater Permit
HWS Co., Inc. Hickory White Upholstery
COC Number NCG180185
Guilford County
In response to your renewal application for continued coverage under general permit NCG 180000, the Division of
Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983.
The following information is included with your permit package:
* A copy of general stormwater permit NCG180"
* A Stormwater Pollution Prevention Plan (SPPP) Certification Form. Completion of this form is required to
certify that you have developed and implemented the SPPP as per the conditions of the permit. This form
must be completed and returned to the Division within 30 days of receipt of this letter.
DO NOT SEND the SPPP with the signed form.
* Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form
* A copy of a Technical Bulletin on the Stormwater program which outlines program components and
addresses frequently asked questions
* A corrected Certificate of Coverage if you indicated a name change on the Renewal Application
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require
modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal
requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility
for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or
decree.
If you have any questions regarding this permit package please contact Bill Mills of the Central Office Stormwater
and General Permits Unit at (919) 733-5083, ext. 548
Sincerely,
for Kerr T. Stevens
Director, Division of Water Quality
cc: Central Files
Winston-Salem Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG180000
CERTIFICATE OF COVERAGE No. NCG180185
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
HWS CO., INC.
is hereby authorized to discharge stormwater from a facility located at
14WS CO., INC.
201 PENDLETON STREET
HIGH POINT
GUILFORD COUNTY
to receiving waters designated as Richland Creek in the Cape Fear River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111,
1V, V, and VI of General Permit No. NCGI80000 as attached.
This certificate of coverage shall become effective August 27, 1999.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day August 27, 1999.
for Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
November 14, 1997
Mr. Mike Powers
Sherrill Furniture Company, Inc.
2405 Highland Avenue NE
Hickory NC 28601
Subject: Permit Modification -Name and
Ownership Change
Sherrill Furniture Company, Inc, d/b/a
Hickory White Upholstery
(formerly Hickory White, Kaylyn Division)
Permit No. NCG 180185
Guilford County
Dear Mr. Powers:
In accordance with your request which we received on November 5, 1997, the Division is forwarding
the subject permit. The only change in the permit is with regard to name and ownership. All other terms and
conditions in the original permit remain unchanged and in full effect. The permit modifications are issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agrcement between North Carolina and the U.S. Environmental Protection Agency dated December 6,
1983.
This permit does not affect the legal requirement to obtain other permits which may be required by the
Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management
Act, or any other Federal or Local government permit that may be required.
If you have any questions concerning this permit, please contact Mr. Bill Mills at telephone number
(919) 733-5083, extension 548.
Sincerely,
_B4 t a?12p,
1 A. Preston Howard, Jr., P.E.
cc: Central Files
Winston-Salem Regional Office, Water Quality Section
Permits and Engineering Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 100% post -consumer paper
1
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. N_ CG180000
CERTIFICATE OF COVERAGE No. NC6480185
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission. and the
Federal Water Pollution Control Act, as amended,
Sherrill Furniture Company, Inc.
is hereby authorized to discharge stormwater from a facility located at
Hickory White Upholstery
201 Pendleton Street
City of High Point
Guilford County
to receiving waters designated as Richland Creek in the Cape Fear River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Pats 1, II, Ill
and IV of General Permit No. NCG 180000 as attached.
This Certificate of Coverage shall become effective November 14, 1997.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this 14th day of November, 1997.
- -BtIA -&7V'T1
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
'0
mN' PDES F'jACIIJITY A.,;N.D PER-
MIT 73ATA09:43-28
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PERSONAL DATA FACI.LITY APKjYING FC)R PERMIT "RECTON
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ADDRESS: MAILING (1T-QUIRED) )(7a:ION REQUMED)
TREE ml. 2':05 lillcy.-UXC PF'N'l-EMON 1. , STREET:
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ZIP 2 72 G 0
TELEPHONE 704 322 264-0 Di%.'!'E FEE MID. 04/11l,95 PNOUNI-11, li 0
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DATE A.PP R0.7D 'Vqk-3TF.l.,0AD REQS
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DKID STAFF REP RCVD '05/19/95 SCH TO ISSUE
DATE 70 P NOTICE DATE DRAFT PREPARED !`;811"0wIl"95
DeV.7" OT AG COM REQ'S K)A'111K I)E�MIi.11-1,
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IN. iM—S FACILITY AND PERMTT DATA ' : 09:34:32
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PERSONAL DATA FACILTqn: APPLYING FOR PE PMTT REMP4,
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ciTLEPHONE 910 885 i , 20 0 DIVf YEE PP-.!D. 04/11/95 AMOU-N`r- 400.00
STATE: CONTACT> PERSON,' IN CTHARGE DALE DTLILTOIN
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DATE 09" A(3 'CoM RP"C'S
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DATE TO EPA Dk E !SSUED !0 8 1.] "95 ASS 1GN CJ-JXNGYE PERT41T
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COMMMT.PS:
i
c lc 00 26 31
' O G
� �Oa
PERMIT NAME/OWNERSHIP CHANGE FORM 7
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLIC LEj ITT I8 LISTED
BELOW ARE INCLUDED WITH THE SUBMITTAL. .� LIX21
REQUIRED ITEMS: NOV 5 1Ctt�
1. This compl-e"ted application POINT SOURCE BRANCH
2. Processing fee of $100 (Checks to be made payable to`DEHNR)
3. If an ownership change, legal documentation of the transfer of
ownership (such as a contract, deed, articles of
incorporation)
CERT-IFICATION— MUST -BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S
CERTIFICATION.
Current Permittee's Certification:
I, Randy AUgt1n attest that this application for
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 no completed and that if all
required supporting information and attachments are not included,
this application package will be returned as incomplete.
Signature: Date:
Applicants Certification:
I, Mike Powers , attest that this application for
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 no completed and that if all
required supporting information and attachments are not included,
this application package will be returned as
incomplete.
Signature: /'! / Date: GI,�,
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Division of Environmental Management
Water Quality Section
Permits -and Engineering Unit
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Telephone: (919) 733-5083
Fax: (919) 733-0719
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
WATER QUALITY SECTION
PERMIT_NAME/OWNERSHIP_CHANGE_FORM
I. CURRENT _PERMIT _INFORMATION:
Permit Number: NCG180185
1.-Pe-r-mit--holder's name:Hickory.,,• Wh,j,,tg•,,,•,.Eay.lyn L?lvision
2. Permit's signing official's name and title:- Randy Austin
(Person legally responsible for permit)
President
(Title)
3. Mailing'Address: 201 Pentaletg,I3 2j._,_ City: High Point
I
State: NC Zip Code: _ 27250 .Phone:_ (910)8_B_4_ 2.244_
II. NEW OWNER/NAME INFORMATION
1. This request for a name change is a result of:
a. change in ownership of property/company
b. Name change only
mac. other (please explain): Raylyn was previously owned by
Sunstates Investment group. it is
now_Hickory_White-Upholstery
under new asset owner Sherrill
Furniture Company Inc.
2. New owner's name (name to be put on permit): Hickory White
Upholstery
3. New owner's or signing official's name and title: Mike Powers
(Person legally responsible for permit)
___V_ic_ePre sident
(Title)
4. Mailing Address: 2405 Highland Ave. NE City: Hickory
State: NC •„•„_ Zip Code: 28601 Phone: (7Q4) 322-2640
R^turn to: Marshall Yount, Attorney
07'20-97
1660. 0�
STATEGF '
NORTH
GA�LILINA Q Real Estate
Excise Tax
REVENUE S1,660.00
Exclse Tax
BooQ02-3 F.ticE -395
FILED
RUTH• MACKIE
'.97 MR 20 PM 2 45
Filed March 20, 1997 at 2:45 P-M. and
REGISTER OF DEEDS
CATAWBA CO., N. C.
recorded 'n Book 2023,at Page
RUTH MACKIE - REGISTER OF DEEDS
Recording Time. Book end Page
Cax Lot No. _ 713r,1.7.-00-4072 and... 7,l1.,i7.-a0-b874 Parcel Identifier No ..................... ...
Verified by .................. County on the ........:.....- day of .................... ....... 19L...........
iy........ .......................................................................... ........... -- ....... 00 063..............................................—.1...1..................................
Ill] after recording to .Smith Helms Mulliss b Moore, L.L.P. (Box 72) (Chris Nesbitt)
.......................................................................................................................................................................
'hie instrument was prepared by Smith... Helms ... Mull.iss-A... 2.1pip L,...L.rL.'T................................................................................
Irief description fur the Indek Tuo Traers. "fl' Avetluc,i S,E.
NORTH CAROLINA GENERAL WARRANTY DEED
'HIS DEED made this ...L..f...... day of ..........rl:1.R,:A.0................................. by and between
GRANTOR GRANTEE
HICKORY WHITE COMPANY H tf S COMPANY, INC.
»�+ P.O. Box 189
Hickory, NC 28603
n,er lit appruprlaie block for eleh party: name, eddrcsa, and, It appreprtate, ehaneler of eattly, e.q. corporalian or parinershiN
'he designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
hail include singular. plural, masculine, feminine or neuter as required by context.
JITNESSETII, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
cknowiedged, has and by these presents does grant, bargain, sell and convey unto the Grantee in ice simple, all that
ertain lot or parcel of lund situated in the City of ..,.....HicicorY., ..... ................... Township,
Catawba „ Count North Carolina and more ..... .. .................... y, purticllinl-ly described ns follows:
See Exhibit A attached hereto and incorporated herein by reference.
�. a.. n,. rc. Fe.m N•. ] � 1f1c, n..,.•a if71.
ErIUBIT A bOQ.<20*2..3 %IJ97
IRACT 1: 6:CIN1LNG at an iron stake in the cenrerline of Southcrrn R ailroud
�esUrTL� C2UO foot r-shc-of-way, said iron scale-e b--jry the norcht'r n or7d
i.'oodcr,c�itt;, Inc., property and the northeast corner of Hic'kory Furniture
Group, and runs chence frcm said prjinc of beginning Souch 40' 12' 55" East
102.55 feec with the c:escern line of Cranford Woadcarving, Inc. , to an iron
pin; thence Souch 75' 28' East 110.40 feet rc are old iron pin-, thence
concinuin" in the sa.Te direction 4.60 feec to an iron pin; thence Sabah 27'
30' 37" t esc 10.45 feet co an old iron oL*i; thence Souch 25' 15' 46" East
141.35 feet to a nail '_ocated in the paved surface of Ninth Street. St; thence
on a line within ti-e paved surface of Ninth SLreec, SL, South 24' 52' 58" Fasc
621.65 feec co a spike located wichir. the patted surface of the incersecti.oa of
'i
nch Street, SE. , t -ch "D" Aven•-,e , SE; thence on aline td ii_ch is in chc rsght-
of-tay for "D" Avenue, SZ, for most of its run, North 85' 05' 13" West 966.16
feet cc an iron ^in; thence Souch 26' 31' 57" East 0.70 feet to an old iron
pin; thence South 66" 01' 51" [Nest 47.16 feec to an iron pin in the northern
u,argin of the right-of-way for "D" Avenue, SE;; [nence t�;i.th the northern
margin of the right-cf-way for "D" Avenue, SE, South 78' 40' 4'r" Uest 125.29
feet co ar,. old iron pits located in the said ri gh =-of •-way ; thence continuing
wich the trarrin off' said right -of -tray as it arcs to bear in a more northerly
direction with a curve haying a radius of 57.98 feet, a chord bearing of [north
68' 46' 35" t-est and a chord of 62.38 feet co an iron pin in the eastern
margin of the right-of-way for Sch_ Street Place, SE; thence North 36' 1053"
West 1,24.17 feet to a drill hole at or near the intersection of the eastern
margin of the paved surface of 8th Street Place, SE, and the eastern marlin of
the paved surfacs of Highland Avenue, SE; thence cn a line that folla,;s the
eastarn margin of the right-of-way for Highland Avenue, S', North 20' 05' 14"
Easc 397.65 feec to a nail in the center line bf the said Southern Railroad
right -of' -way; thence North 65' 10' 11" Est 693.81 feet to the poi, -it of
ti beginning .
Lying and being in Hickory Tcv-nship, Czl:auba County, North Carolina, and
containing 15.042 acres.
TRACI II. BEGUVNING at an iron pin located Souch 26' 31' 57" East 17.37 feet
from the iron pin described in the foregoi a description of Tract 1 as lying
and being Lbrth fib' 05' 13" [lest' 966.16 feet fray. "a point located within the
paved. surface of the intersection of Ninth Screet, SE, with "D" Avenue, SE, -
and continuing thence from said point of beginning, t-rithin the right -of -..ray
for "D" Avenue, SE, South 86' 11' Ea'•-t 650_S4 feat to an iran pin; thence
South 4' 10' [.rest 6.40 feet to an iron pin; thence South 86' O1' East 120.00
feec _o an iron pin , Du'.-ze Peer Company's ncrrht,7est corner; --hence leavizIG,
said righr--oL-tray with Dake Pco,;er Company's wester^, line South 4' 06' [•Test
202.00 feec co � iran pin; thence Souch 85" 57' East,55.28 feet to an iron;
chenca Souch 11". 27 ' East 771.05 r,sec to an iron pin in the northern rrarDi ri of
proposed ''F Avenue, SE; thence 'North 80' 59' 23" I.1est 320.13 feet to an iron
pin; thence North 71' 59' 35 Lest 123.38 feec Co an ircr. pin; thence Porch
67' 34' 40" Writ 80.00 feet to an iron pin; thence North 75' 29' 30" Nest
65.64 feec Co an iran oin in �Lrs. Juanita Yount's eastern line; thence uich
i-+rs. Yotnt's said line forth 1' 49' 26" Easc 31.88 feec co mi iron pin; thence
kith i-frs. Y=c's line and also Hicicory �Lnufa,ccuring Cz-x7,pany's line -North
32° 29' 58" Vcsc 321.00 feet to an. iron pin in Empire. General Corp.'S
southern line: thence t-rith F-^pire General Coro . ' s southern Zinc Souch 89' 58
5'.." Easc 25.15 feec cc a1 iron pin at F-7rirc General Corp.'s soucheas`e_:.
corner; thence vrich Empire General Corp. 's eastern line -North 18' 31' 53" Vest
290.S5 feec to an iron pin; thence North 26' 31' 57" [lest 3141.50 feet co the
y
point ot; ' Beginmi ny m-d concaini.ng 13.586 acres.
'' Lyirl,- and being in Fli.ckory Tounship, Catzia :: Coixic.%, \ort'n C:rolira.
FxuTRT_T S
oov20;A23 ,c,E 398.
UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF FORTH CAROLINA �, u
Statesville Division U. S. eank,-datry Cnlart
IN RE:
HICKORY WHITE COMPANY, d/b/a
Hickory White Upholstery,
Hickory Manufacturing, White
of Mebane, White Furniture,
KayLyn,
TLx I.D. No. 56-1697022
Debtor.
MAR .1 7_ 19971
Case No, 97-50105 J. Baron Gm ik
CHAPTER 11
Nnca��xr� oR r 71997
ORDER AUTHORIZING SALE TO SHE• RRILL FURMTURE COMPANY
OR ITS ASSIGNEE OF SUBSTANTIALLY ACL OF THE ASSETS
OF HICKORY WHITE COMPANY, A NORTH CAROLINA CORPORATION,
FREE AND CLEAR OF ALL LIENS, CLAMS AND ENCUMBRANCES
AND THE ASSIGNMENT OF DESIGNATED LEASES AND CONTRACTS
THIS MATTER coming on to be heard and being heard before the
Court on March 11, 1997 and pursuant to the Findings of Fact and
Conclusions of Law filed and entered contemporaneously herewith,
and good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. P.11 of the findings and conclusions set forth in the
Findings of Fact and Conclusions of Law filed and entered
contemporaneously herewith be, and hereby are, incorporated by
reference as though fully restated herein.
2. The Sale Motion is hereby granted by the Court and hickory
White Company,- the"'Debtor and Debtor -in -Possession herein, is
authorized and directed to sell, convey and transfer all of its
interest in the Assets to Sherrill or its assignee (the "Buyer") in
accordance with the terms and conditions of the Findings of Fact
and Conclusions of Law and this Order (collectively the "Sale
Order") and the Asset Purchase Agreement (the "Sherrill Agreement")
attached hereto as Exhibit A and incorporated herein by reference,
and to eater into, execute and perform all agreements and documents
necessary to implement the sale.
boo:x2023 Pm.,E 399
3. The Buyer shall purchase the Assets in accordance with the
terms and conditions of this Sale order and the Sherrill Agreement,
as may. be subsequently modified. In the event of any .inconsistency
among the Sale order or any other document, the Sale order shall
control any other document executed in connection with this Sale.
4. The Buyer shall deposit the sum of $500,000.00 (the
"Deposit") with the Closing Agent on or before on March 14, 1997.
5. The Assets to be sold to the Buyer pursuant to this sale
Order shall include without limitation the Assets defined in the
Sherrill Agreement. It includes two (2) nominal parcels of real
estate located in Catawba County, North Carolina which are owned by
a separate corporation, hickory Manufacturing Company, and which
are in addition to the real estate described in the Sale Motion.
A more particular description of all of the real estate being
conveyed to Sherrill is shown on Exhibit A to the Sherrill
Agreement.
6. The Assumed Leases as shown in the Sale order and in the
Sherrill Agreement shall be assumed by the Debtor and assigned to
Sherrill at the final Settlement Closing.
7. Upon funding of the deposit as set forth above, the Buyer
shall be permitted reasonable access to the Assets and the
facilities and properties owned or operated by the Debtor in
preparation For the closing and consummation of the Sale, all at
the sale expense of the Buyer.
8. Pursuant to the Bankruptcy Code including, without
limitation, Sections 105 and 363, the Buyer shall take title to the
Assets, free and clear of all liens, claims and encumbrances as
well as the rights of parties in possession of any of the Assets,
except that the interest of the Buyer in the Assumed Leases shall
be limited to only the rights of the, Debtor as a lease or party to
such agreements and be subject to the respective rights of both
parties. Buyer shall not be liable for any debts or claims against
the Debtor or the Assets except solely to the extent of post -
Settlement Closing obligations under the Assumed Leases.
9. In addition to the other terms and conditions of Sale as
set forth in this Sale Order and in the Sherrill Agreement, the
terms of the last offer of the Buyer which is accented include the
following, which terms and conditions are hereby approved and
ordered:
a. Price. The purchase price for the Assets shall be
$a,85o,000.00 cash subject to the adjustments for
inventory and receivable as sat forth in the Asset
Purchase Agreement attached to Sherrill's bid.
-2-
�. Doox2023 400
r•• .
b. Closing Agent_ Rayburn, Moon & Smith, P.A.,
counsel for the Debtor shall serve as the Closing Agent.
If any controversy or disputes arise as to the Closing or
the Escrow, then a substitute Escrow Agent will be
appointed upon agreement of the Creditors Committee, the
Debtor, Sherrill and. Citicorp. Rayburn, Moon & Smith,
P.A. shall at all times continue to represent the Debtor
in this case unless otherwise directed by the Court.
c. Closing. Sale of the Assets shall, be completed
by an Escrow Closing ("Escrow Closing") on or before
March 17, 1997, and by a Settlement Closing ("Settlement
Clcsing") on or before March 31, 1997.
d. Assumption and Assignment of Leases. At the
Settlement Closing, the Debtor shall cure any monetary
defaults due for the Assumed Leases which are being
assigned to the Buyer from the proceeds of Closing and
shall immediately pay any amounts necessary to cure
defaults in such Leases.
e. At the Escrow Closing, the Debtor shall deliver to
the Buyer, title to all of the Assets free and clear of
all claims, liens and encumbrances. At the Escrow
Closing, the Buyer shall pay to the Closing Agent the
remainder of the purchase price (the "Escrow Payment"),
as estimated- by the parties. Final adjustments to -the
purchase price as provided for in the Sherrill Agreemant
shall be made at the Settlement Closing. The Deposit and
the Escrow Payment are hereafter referred to as the
"Escrow Funds" and shall at all times include the' -funds
paid to Citicorp as hereafter provided. The Closing
Agent shall hold all the Escrow Funds in trust for the
benefit of Sherrill or the Debtor.
f. Buyer shall have no obligation to close at the
Settlement Closing and shall have the option to terminate
the Sherrill Agreement and have all Escrow Funds returned
to Sherrill, free and clear of all claims, liens and
encumbrances, unless, by date of the Settlement Closing,
this Sale Order has became a final nonappeala-ble order
with no stay pending appeal having been entered. In the
event. that as a result of a stay of this Sale Order or
for any other reason the Debtor Fails to transfer the
Assets to the Buyer in accordance with the terms of the
Sherrill Agreement, then all Escrow Funds (including any
Escrow Funds paid to Citicorp) together with interest, if
any, earned on the Escrow Funds, shall immediately be
returned to Sherrill. Citicorp has agreed to disgorge
and return to Sherrill all funds paid to it in accordance
Escrow Funds
with the terms of this Sale order. All
-3-
aoo.�2G23 P,�k; 401
shall be held in trust, for the benefit of Sherrill and
the Debtor, by the Closing Agent and by Citicorp.
g. From the Escrow Funds, the Escrow Agent is authorized
to disburse to Citicorp the amount estimated by the
Debtor, the Creditors Committee and Citicorp to pay the
secured claim of Citicorp. Citicorp shall hold such
funds in trust for the benefit of Sherrill and the Debtor
and shall hold such funds subject to the terms and
conditions of this Sale Order, the Final Cash Collateral
order and such other orders as may be entered by this
Court. Such funds shall at all times remain subject to
the jurisdiction of this Court. At the Escrow Closing,
Citicorp's and any other creditor's claims, liens and
encumbrances shall transfer from the Assets to the Escrow
Funds and shall remain against the Escrow Funds until the
final consummation of the Sale at the Settlement Closing.
If the Escrow Funds are not required to be returned to
Sherrill in accordance with this Sale Order, Citicorp may
retain the Escrow Funds paid to it subject to the Final
Cash Collateral Order and Citicorp and any other creditor
shall immediately release of record and otherwise cancel
all of its claims, liens and encumbrances against the
Assets. Citicorp shall provide evidence of such action
rti to counsel to the Committee, the Debtor and Sherrill. In
=� the event, that purs.uant to this sale Order, the Escrow
Funds are required to be returned to Sherrill, Citicorp's
and any other creditor's claims, liens and encumbrances
against the Escrow Funds shall be released, all Escrow
funds held by Citicorp and the Escrow Agent shall be
immediately returned to Sherrill, including interest, if
any, that may have been earned on the Escrow Funds, and
Citicorp's and any other creditor's claims, liens and
encumbrances shall continue in the Assets.
10. Upon completion of the Sale at the Settlement Closing,
all recorded liens, claims and encumbrances against the Assets are
hereby stricken and canceled of record.
11. The Debtor and the Buyer may jointly extend the dates for
either or both of the Escrow Closing or -the Settlement Closing;
provided, however, the agreement to do so shall be in writing and
either the Debtor ..or the Buyer in their sale and absolute
discretion may refuse to do so.
lZ. Except as provided in this Sale order, From and after
March 11, 1997, the Debtor shall not sell, dispose of or encumber
its interest in any of the Assets; provided, however, the Debtor is
authorized to continue to conduct its normal business operations in
the ordinary course of business.
-4-
5oo-{2023 402
13. All real and personal property taxes relating to the
Assets shall be pro -Fated between the Buyer and the Debtor as of
the Closing Hate. The Debtor's pro-rata share of the real and
personal property taxes and any revenue stamps shall be paid by the
Debtor from the balance of the.purchase price due at Closing. All
recording fees and cost of closing of the Buyer shall be the
responsibility of Buyer.
14. The Debtor is hereby authorized and directed to enter
into the Sherrill Agreement and to do all acts and execute, or
obtain the execution of, and deliver to the Closing Agent, such
conveyance documents as are necessary to sell, convey, and transfer
the Assets in accordance with the terms and conditions of this Sale
Order and the Sherrill Agreement.
15. At the Settlement Closing, the Closing Agent is
authorized to discourse and is directed to pay from the proceeds of
the Settlement Closing all funds necessary to assume and assign, all
of the Assumed Leases; the tax claims for 1996 for Guilford County,
North Carolina, Catawba County, North Carolina, the City of Dallas
and Dallas County, Texas and a pro -ration of such tax claims ,for
1997; the payment of Citicorp's secured claims as set forth herein;
the payment of the commission or fee to Stump as calculated
pursuant to Stump's engagement; and all reasonable and normal
closing costs for the Debtor as Seller.
16. This Court retains jurisdiction over this Sale and the
parties to the 'Sale to resolve any disputes. concerning the Sale.
17. This Sale Order shall be a final Order and shall be
immediately appealable and enforceable pursuant to Bankruptcy': Rules
6004, 9014, and therefore Bankruptcy Rules 7054 and 7062. To the
extent necessary under Federal Rule of Civil Procedure 54(b) and
Bankruptcy Rule 7054, the Court expressly finds that there is no
just reason for delay and expressly directs entry of judgment as
set forth herein.
UNITED STATES BANKRUPTCY JUDGE
C:: y OF `n. ORIGI;IL
T
Coneeated and Agreed to:
Robert u. Pryo , Attorney for
Sherzill Furniture Company
Chrimtine L_ Myatt, Attorney for
Unsecum ed Creditors` Committee
June L. Basaen, ALnorney tor
- Citicorp North America, Inc.
�.� Albert F_ nurha.m, Attorney for
_I Hickory White Connany
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(State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 11, 1995
Dale Dillion
Hickory White Upholstery
P.Q. Box 1600
HighPoint, NC 27261
A kv:IWA
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IDEHNR
Subject: General Permit No. NCG180000
Hickory White Upholstery
COC NCG 180185
Guilford County
Dear Dale Dillion:
In accordance with your application for discharge permit received on April 11, 1995, we are forwarding
herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .l and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the Division
of Environmental Management. The Division of Environmental Management may require modification or
revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Environmental Management or permits required by the Division of Land Resources, Coastal
Area Management Act or any other Federal or Local governmental permit that may be required.
If you have any question concerning this permit, please contact MR. BILL MILLS at telephone number
919i133-5083. d Sy
original Signu S
Sincerely, Coleen H.ullins
A. Preston Howard, Jr. P.E.
cc: Winston-Salem Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
QENERAL PERMIT NO. NCG180000
CERTIFICATE OF COVERAGE N . NCQ180185
STORMWATER DISCHARGES
NATIONAL_ POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Enviromnental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Hickory White
is hereby authorized to discharge stormwater from a facility located at
Hickory White Upholstry
201 Pendleton Road
High Point
Guilford County
to receiving waters designated as Richland Creek in the Cape Fear River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts. I, II, III
and IV of General Permit No. NCG180000 as attached.
This Certificate of Coverage shall become effective August 11, 1995,
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day August 11, 1995.
Ori�srtal signed. ?y
Coleetl Ja. SLJII'�
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
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