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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 In accordance with your request, Certificate of Coverage Number NCG 180185 is rescinded effective immediately.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 .)PIT.t 1j I "IN") K,1.�Y NCX-1.80 1.p 5 PERSONAL DATA FACI.LITY APKjYING FC)R PERMIT "RECTON ITTT-j- 'T Y> Xr- M!: 04 ADDRESS: MAILING (1T-QUIRED) )(7a:ION REQUMED) TREE ml. 2':05 lillcy.-UXC PF'N'l-EMON 1. , STREET: CITY KO'Ry ST ZTP 286-01. ('TI71f- ZIP 2 72 G 0 TELEPHONE 704 322 264-0 Di%.'!'E FEE MID. 04/11l,95 PNOUNI-11, li 0 S7= CCJ�'TA!' > 1j;S IARC -T PERSON IN CT r MIKF k' r.-S 2 ',],---MUN, 2=N(0N-NUN 2 LS,d'. 35574-80 LONG. '1;7 9 8 40 N=NHIN, M=Y-loD`FICl'kTN, A �E.L DATE A.PP R0.7D 'Vqk-3TF.l.,0AD REQS 11rilE IZEP 4 REQS 0 4,` 5/9 5 kAAST Z) . . 11',r 0,,AD 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, DNfE OT tit. COM RCVD L'KfE REcIUUNED' DATE TO EPA SST7ED ll `95 bSS.T%GN/Cl-fATrGE P.M141T I 11 IDA!l D A "PlE, E,PA EXP IbAXIMT IE 0 a /3,., 99 FEE CODE ( 0 ) 1= (>10MGD) 2 D) 3 0 - IVIGD) 4= (<O. IYID) 5=SF, 6= (G'V415., 64, 7, 9) , DISK 1`3 CQT�TPILL MESSAC3E IN. iM—S FACILITY AND PERMTT DATA ' : 09:34:32 '01 PERSONAL DATA FACILTqn: APPLYING FOR PE PMTT REMP4, FAC'[L'UPY h."("FORY WHTp, M-,H0l,;,,:ZTHpy COU [,Y> 04 10DRESS: MAILING' (REQULRED) LMA!1:10111 'REQU 11 D STREET: P. 0, B.OX I 63,C) -0 STREET: �20,1 .PE N"LEN-MON END loll' NC Z,1P 27261. CJAY.- I-31C.-ill Sel' NIC.: Z,'.IP 27261 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 3=C.T,0SE,1D .1. 1.------1V-%L'TO-R.,2=MT NoP. 2 2 12i!f.- 3557-1-80 LONG-: 0795F.14 TON,R=REISSIM,.;> N JV1I DATE APP RC7.T, !')41/1.1;./95 1ta1,:3TET OAD REQS 11Ylr 1 P RQG 4,25;95 D--YfE STAFF REP RCVD (j) S/ 19 5- SCH TO iSSUE DA7-E TO P NOTIALCE DAT E DRAFT PREPAREID !08/08/95 DATE 09" A(3 'CoM RP"C'S T-1-ZVfE o1r. AG C10211 Rcv:.) REI'MUJED DATE TO EPA Dk E !SSUED !0 8 1.] "95 ASS 1GN CJ-JXNGYE PERT41T Dig [T11A'1 .1.,PA Expl,TUVP,1,0i� WViTi /3] / 9 9 FEE CODE ( 0 1= (--- 1GM--GD 2 1� n-D) 3 > 0 - 1MGD) , 4 = (< 0 5 = SF , 6 (G P2 5, 6 4, G P, 1. - 9 '.7 3 ) 8 G P 7 6 G v P 1, 3 , 3 4 , 3 0 , 5 2 0 T q 0 F E E ) D I. S 1, 'C- 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 m aoo:�2023 c" 403 v I D wa-Itil .17. 199MI10.06AW RAIADAMS KLEE11EI.ERTH M IS10273SIS7 Poblo. 9989 P. 212 Boo.Q023 404 <C-1"6Ztdd 2LZd A4rQ*d t4D-. Aab&r4, le. ])ryar, XttornAy for ruraitu=s CoKpamy Ctrixtina L. ryxit, itt-axm&V fax ansac=nd cz-aditarsil caimittan j=& L. B-"d=O Attcl=l5y for ciitiv-4rp amiti A=eLricA, xua. L L(Ij U li 8 ' -" -••" -" "- •-•• ^' """ •-"� • Jtul l.11 lYl:llll:i W1U7'lUl.lC O3/17/97 UON 12:23 FAX 010 273 7865 c,MUTEMLS&Rm MOON 5b(ITH TG .737885 Scco=aaatod mad agread to: 2xlbort H. Yxyar, AttarncY ror ahmt=111 ZUT:11tura Gnapa-ay C*.sxiwtAD.r I. Xy3tt, Xttormap few: IIn:yoc�ux�d Cradiccrot' C�rrn�t'L•q� J1lzsa L_ 84ud'e , Attorney fo= g1ticarp sore, X=orica, IaC. Al-b4r C P. Xt't6rnoy fat Hicxary Thito COMPany} aq -6. J�3 (10 0; ooa.Q023 P,,cE 405 wi 0 f19 (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 IT I" 4'*o Aio 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. 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