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HomeMy WebLinkAboutNCG190007_COMPLETE FILE - HISTORICAL_20130918STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ go) 3 J� ] Q YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director September 18, 2013 Bruce Angel Hatteras/Cabo Yachts LLC 110 North Glenburnie Rd New Bern, NC 28560 Pat McCrory, Govenor John E. Skvada III, Secretary Subject: NPDES General Permit NCG 190000 Certificate of Coverage NCG190007 Hatteras/Cabo Yachts LLC Craven County Dear MrAngel: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Program at 919-807-6300. Sincerely, for Tracy E. Davis cc: Washington Regional Office Central Files Stormwater Permitting Program 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal.ncdenr.oro/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper W1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMINF ANDNA7URAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG190000 CERTIFICATE OF COVERAGE No. NCG190007 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision ofNorth 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, Hatteras/Cabo Yachts LLC is hereby authorized to discharge stormwater from a facility located at Hatteras/Cabo yachts LLC 110 N Glenburnie Rd New Bern Craven County to receiving waters designated as Taylors Creek, in the Neuse River Basin in accordance with the stormwater pollution management requirements, monitoring and reporting requirements, and other conditions set forth in Parts I, D, III, N, V, and VI of General Permit No. NCG190000 as attached. This certificate of coverage shall become effective September 18, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 18, 2013. for Tracy E. Davis, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission w NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Govenor Director John E. Skvarla III, Secretary September 18, 2013 Bruce Angel Hatteras/Cabo Yachts LLC 110 North Glenburnie Rd New Bern, NC 28560 Subject: NPDES General PermitNCG190000 Certificate of Coverage NCG190007 Hatteras/Cabo Yachts LLC Craven County DearNor Angel: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Program at 919-807-6300. Sincerely, for Tracy E. Davis cc: Washington Regional Office Central Files Stormwater Permitting Program 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hftp://portal,ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENTOF ENVIRONMENFANDNATURAL RESOURCES DMSION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG190000 CERTIFICATE OF COVERAGE No. NCG190007 STORIvIWATER 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, Hatteras/Cabo Yachts LLC is hereby authorized to discharge stormwater. from a facility located at Hatteras/Cabo yachts LLC 110 N Glenburnie Rd New Bern Craven County to receiving waters designated as Taylors Creek, in the Neuse River Basin in accordance with the stormwater pollution management requirements, monitoring and reporting requirements, and other conditions set forth in Parts I, II, K IV, V, and VI of General Permit No. NCG190000 as attached. This certificate of coverage shall become effective September 18, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 18, 2013. for Tracy E. Davis, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission �r NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Govenor Director John E. Skvarla III, Secretary September 18, 2013 Bruce Angel Hatteras/Cabo Yachts I.LC 110North Glenbumie Rd New Bern, NC 28560 Subject: NPDES General PermitNCG190000 Certificate of Coverage NCG190007 Hatteras/Cabo Yachts LL.0 Craven County DearMr.Angel: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the .requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. Ifyou have any questions, please contact the Stormwater Permitting Program at 919-807-6300. Sincerely, ORIGINAL SIGNED 81 KEN PICKLE for Tracy E. Davis cc: Washington Regional Otfice Central Files Stormwater Permitting Program 1612 Mail Service Center, Raleigh, North Carolina 27699.1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hpp://portal,ncdenr.org/web/lr/ An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENTOF ENVRONMFNTANDNATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG190000 CERTIFICATE OF COVERAGE No. NCG190007 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision ofNorth 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, Hatteras/Cabo Yachts LLC is hereby authorized to discharge stormwater from a facility located at Hatteras/Cabo yachts LLC 110 N Glenbumie Rd New Bern Craven County to receiving waters designated as Taylors Creek, in the Neuse River Basin in accordance with the stormwater pollution management requirements, monitoring and reporting requirements, and other conditions set forth in Parts 1, II, Ill, IV, V, and VI of General Permit No. NCG190000 as attached. This certificate of coverage shall become effective September 18, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 18, 2013. ORIGINAL SIGNED Bl cN PICKLE for Tracy E. Davis, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commis sion NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director September 18, 2013 Bruce Angel Hatteras/Cabo Yachts LLC 110 North Glenburnie Rd New Bern, NC 28560 Pat McCrory, Govenor John E. Skvarla III, Secretary Subject: NPDES General PermitNCG190000 Certificate of Coverage NCG190007 Hatteras/Cabo Yachts LLC Craven County Dear Mr.Angel: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the .requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Program at 919-807-6300. Sincerely, ORIGINAL SIGNED 81 KEN PICKLE for Tracy E. Davis cc: Washington Regional Office Central Files Stormwater Permitting Program 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: h p://Portal.ncdenr.orq/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMEINT OF ENVIRONMENTANDNATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG 190000 CERTIFICATE OF COVERAGE No. NCG190007 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision ofNorth 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, Hatteras/Cabo Yachts LLC is hereby authorized to discharge stormwater from a facility located at Hatteras/Cabo yachts LLC 110 N Glenbumie Rd New Bern Craven County to receiving waters designated as Taylors Creek, in the Neuse River Basin in accordance with the stormwater pollution management requirements, monitoring and reporting requirements, and other conditions set forth in Parts I II ID N, V, and VI of General Permit No. NCG190000 as attached. This certificate of coverage shall become effective September 18, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 18, 2013. for ORIGINAL SIGNED B) KEN PICKLE Tracy E. Davis, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission 4 0 r2` �s NC®ENR Euv�no Me T « � Ir'TAE�Oor Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System FOR AGENCY USE ONLY Date Received Year Month Day PERMIT NAME/OWNERSHIP CHANGE FORM Jk' 1A 0 I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N S OI 1 G 1 1 1 9 10 1 0 1 0 1 7 11. Permit status prior to requested change. a. Permit issued to (company name): Hatteras Yachts Div. of Brunswick Corp. b. Person legally responsible for permit: Bruce Angel First MI Last Sr. VP, Operations and Construction Management Title 110 North Glenbumie Road Permit Holder Mailing Address New Bern NC 28560 City State Zip (252) 633-3101 (252) 634-4850 Phone Fax c. Facility name (discharge): Hatteras Yachts Div. of Brunswick Corp. d. Facility address: 110 North Glenburrtie Road Address New Bem NC 28560 City State Zip e. Facility contact person: Hezekiah E. Harper (252) 636-4707 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: X Change in ownership of the facility X Name change of the facility or owner If other please explain: b. Permit issued to (company name): Hatteras/Cabo Yachts, LLC c. Person legally responsible for permit: Bruce I I Angel First I MI I Last Chief Operating Officer Title 110 North Glenbumie Road Permit Holder Mailing Address New Bern NC 28560 City State Zip (252) 634-4801 bangel@hatterasyachts.com Phone E-mail Address d. Facility name (discharge): Hatteras/Cabo Yachts, LLC e. Facility address: 110 North Glenbumie Road Address New Bern NC 28560 City State Zip f. Facility contactperson: Hezekiah E. Harper First MI Last 252) 636 4707 Ha echezekiah hatteras achts.com Phone E-mail Address Revised 2012Apr23 72993.1.GOVERNMENT 8/23/2013 3:13 PM NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Ilezekiah E. Harper First I MI I Last Environmental Health and Safety Specialist Title 110 North Glenbumie road Mailing Address New Bern NC 28560 City State Zip 252 636-4707 liarper.hezekiah(@hatterasyachts.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? X Yes ❑ No lease explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: X This completed application is required for both name change and/or ownership change requests. X 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. PERM ITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Alan Lowe. VP -Finance and Controller, Brunswick Corporation, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. I 9 6 Signature Date APPLICANT CERTIFICATION 1, Bruce Angel, Chief Operating Officer, Hatteras/Cabo Yachts. LLC., attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I u�derstand that if a-required/parts of this application are not completed and that if all required supporting information is nop't`ncluded, iliis application package will be returned as incomplete. `g 2� /-3 / ature 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 7/2008 72993.1.GOVERNMENT 8/23/2013 3:14 PM CONFIDENTIAL ASSET PURCHASE AGREEMENT DATED AS OF AUGUST 5, 2013 BY AND AMONG BRUNSWICK CORPORATION, NAVIS HCY HOLDINGS, LLC, NAVIS HCY ACQUISITION, LLC AND NAVIS HCY REAL ESTATE, LLC ASSET PURCHASE AGREEMENT This ASSET PURCHASE AGREEMENT ("Agreement") is made as of August 5, 2013, by and among Navis HCY Acquisition, LLC, a Delaware limited liability company ("Acquisition"), Navis HCY Real Estate, LLC, a Delaware limited liability company, ("Real Estate" and, together with Acquisition, the "Purchaser"), Navis HCY Holdings, LLC, a Delaware limited liability company ("Parent'), and Brunswick Corporation, a Delaware corporation ("Seller'). RECITALS A. Seller owns and operates a business engaged in the design, manufacture, sale, marketing and distribution of boats under the Hatteras and Cabo brands or names (as such business is conducted by Seller on the date hereof, the "Business"). B. Purchaser desires to purchase the Purchased Assets and to assume the Assumed Liabilities from Seller, and Seller desires to sell to Purchaser the Purchased Assets and to transfer to Purchaser the Assumed Liabilities, on the terms and subject to the conditions of this Agreement. C. Capitalized terms used herein shall have the meaning assigned such terms in Section 7.12. AGREEMENTS Therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 Purchase and Sale of Assets 1.1 Agreement to Purchase and Sell. On the terms contained in this Agreement and subject to the conditions herein set forth, at the Closing, Purchaser shall purchase from Seller, and Seller shall sell, convey, transfer, assign and deliver to Purchaser, free of all Liens (other than the Permitted Liens), all of Seller's right, title and interest in and to the assets and properties of Seller, whether real, personal or mixed, tangible and intangible, of every kind and description, wherever located, in each case relating primarily to the Business or used or held for use by Seller primarily in the operation of the Business, other than the Excluded Assets, as defined below (all of such assets, properties and rights to be acquired by Purchaser hereunder, other than the Excluded Assets, collectively referred to as the "Purchased Assets"), including: (a) the inventory of used boats (if any) set forth on Schedule 1.1(a) and of Hatteras and Cabo brand boats, together with all raw materials, supplies, packaging supplies and work in process used primarily in the Business, IN WITNESS WHEREOF, the parties have executed this Asset.Purchase Agreement on the date first above written. NAVISHCY AICOMITW. LLC Title: A Name: Paul HalMnn Title: Authorized Person Title: Authorized Person SELLER: BRUNSWICK CORPORATION By: _ Name: Title: Signature Page to Asset Purchase Agreement IN WITNESS WHEREOF, the parties have executed this Asset Purchase Agreement on the date first above written. PURCHASER: ............... NAVIS HCY ACQUISITION, LLC By: Name: Title: NAVIS HCY REAL ESTATE, LLC By: Name:. Title: _.. _PARENT: NAVIS HCY HOLDINGS, LLC By: _ Name: Title: SELLER: BRUNSWICK CORPORATION :ime JUMLIMIM."If . Asset Purchase Agreement (Page 1 oI 5) b 1✓�t �a 4/ r' ��¢ 0 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: s19, 14 GO. DO Tax Map No(s).: 19166P9E�� �1�� l T �,p.- CAP Receded: ea�/13,20r1rtto:i :5500 g.vmM F. b;; q•, 42t,00 P•P# 1 or 5 u• Trx: t4,x00,00 Vorkrlovp 00000papi•-000r 0rrvrn, At Shrrrt B. Rlehrrd peal rter of orrUa ax3221-377 Recording Time, Book and Page: Parcel Identifier No(s).: 18-244-014, 48-244-015 and 18-244-073 Mail after recording to: First Amctican Title Insurance Company National Commercial Services Two Liberty Place 50 South 161h Street, Suite 3010 Philadelphia, PA 10102 Attention: Adam B. Cadet, Esq., VP.@ Special Counsel totMy This instrument was prepared by: yr ,•• r ee • r. 1 THIS SPECIAL WARRANTY DEED is made this of day of AU6rU5 i' , 2013 by and between BRUNSWICK CORPORATION, a Delaware corporation, whose mailing address is I N. Field Court, Lake Forest, Illinois 60045, Attention: General Counsel (- ram r") and NAVIS HCV REAL ESTATE, LLC, a Delaware limited liability company, c/o Versa Capital Management, Inc., Cira Centre .291.9 Arch Street, Philadelphia, PA 19104, Attention: General Counsel ("Grantee"). -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. WI INESSI 111, that the Grantor, Far a valuable consideration paid by the Granter, Ihe receipt of which is hereby acknowledged. has and by these presents does grant, bargain, sell and PHILI 2954MN'.1 V aeok: 3221 Pa9o: 377 Sec: 1 convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of New Bern, Craven County, North Carolina, and snore particularly described as follows: Tract No. 1: All that certain tract or parcel of land lying, situate and being in No. Eight Township, Craven County, North Carolina, approximately two miles Northwest of the City of New Bern. North Carolina, on the Southwest side of Bachelors Creek and the Southeast side of Taylors Creek being all of Lots 171, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, as shown on a map entitled, "Subdivision of the James M. West Estate Oaks farm. near New Bern, North Carolina", this said map being of record in Map Book 3, Page 53, Craven County Registry, this said map by reference herein being incorporated as a portion of the following description: Beginning at a concrete monument located at the westernmost comer of Lot 186, this comer being common with Lot 187 and being in the line of Lot No. 171, this said corner being marked by a concrete monument in which is set a brass plate stamped "control point", thence from this beginning, North 57, degrees 00 minutes East along the southeastern line of Lot No. 187, 797.0 feet to the shore line of Bachelors Creek; thence up and with the shore line of Bachelors Creek the following courses and distances: North 41 degrees 00 minutes East 57.0 feet; North 62 degrees 20 minutes West 135.0 feet; North 34 degrees 20 minutes West 144.0 feet; North 63 degrees 00 minutes West 67.0 feet; North 72 degrees 30 minutes West 125.0 feet; North 37 degrees 40 minutes West 200.0 feet; North 34 degrees 30 minutes West 317.5 feet; North 24 degrees 40 minutes West 163.4 feet; North 59 degrees 00 minutes West 100.0 feet; South 78 degrees 30 minutes West 100.0 feet; North 8.5 degrees 10 minutes West. 1 30.0 feet,; North 78 degrees 50 minutes West 100.0 feet; North 86 degrees 00 minutes West 177.0 feet to the mouth of Taylors Crack; thence up and with the shoreline of Taylors Creek the Ibllowing courses and distances: South 54 degrees 30 minutes West 80 feet; South 80 degrees 00 minutes West 129.0 feet; South 37 degrees 20 minutes West 100.0 feet; South 49 degrees 00 minutes West 232.0 feet; South 83 degrees 40 minutes West 137.0 feet; North 69 degrees 10 minutes West 201.0 feet; South 55 degrees 50 minutes West 154.0 feet; South 43 degrees 20 minutes West 200.0 feet; South 45 degrees 10 minutes West 165.0 feet: South 41 degrees 00 minutes West 88.0 feet; South 70 degrees 00 minutes West 184.0 feet; South 35 degrees 10 minutes West 44.5 feet South 62 degrees 00 minutes West 100.0 feet to the northeastern line of Tract No. 170; thence along the line of this said tract, this line being a fence, South 36 degrees 30 minutes East 122.0 feet and South 30 degrees 30 minutes East 435.0 feet to the southwestern right of way line of a 30 foot farm road; thence North 59 degrees 45 minutes East 15.0 feet to the centerline of this said road; thence along the centerline of this said road. the following courses and distances: South 30 degrees 15 minutes East 567.0 feet; South 31 degrees 30 minutes East 418.0 feet; South 33 degrees 00 minutes East 51 1.0 feet to a point in the centerline of State Road No. 1402; thence along the centerline of this said road, North 57 degrees 10 minutes East 578.0 feet; thence around the Oaks Chapel Baptist Church lot the following courses and distances: North 33 degrees 25 minutes West 235.0 feet; North 57 degrees 10 minutes fast 210.0 feet; South 33 degrees 25 minutes East 235.0 feet to the centerline of the aforesaid State Road No. 1402; thence along the centerline of this said road North 56 degrees 35 minutes East 709 feet; thence along the Southwest line of L.ot No. 186, North 33 dcgrccs 00 minutes West 42�.0 feet to the hereinbefore mentioned concrete monument, the point of beginning. 'fhe courses herein referred to being rnu.i 29_�4640o.t magnetic for January, 1967, together with all riparian rights in and to the waters of Taylors Creek and Bachelors Creek which are appurtenant to the foregoing described property. Tract No. 2: All that lot or parcel of land located in Number Eight Township, Craven County, North Carolina, and being more particularly described as follows: Lying and being on the western side of North Carolina State Road 1402 and hounded by Hatteras Yacht Division on all other sides; Beginning at a stake in the western right of way line of State Road 1402 in the line of Ilattcras Yacht Division and runs thence South 56 10 West 210 feet with the western right of way line of said road; thence North 34 25 West 200 feet with the line of Hatteras Yacht Division to an iron stake; thence North 56 10 East 210.00 feet with the Hatteras Yacht Division line to another stake; thence with the Hatteras Yacht Division line South 34 25 East 200 feet to the point or place of beginning. Being a portion of the Oak Farm in Number 8 Township. Tract No. 3: All that certain parcel of land situate and being in No. 8 Township, Craven County, North Carolina and more particularly described as billows: Beginning at a point in the 1-I2tteras Yachts line which is located N 28 55 00 W 334.05 feet along the Hatteras Yachts line from the northeastern corner of Lot No. 29 according to the Plan of "fayfor Creek. Section I doh- recorded in Plat Cabinet C Slide 274 in the Office of the Register of Deeds of Craven County; thence N 28 55 00 W 182.44 feet along the Hatteras Yachts line; thence S 59 30 00 W 15.00 feet; thence S 29 37 16 E 182.04 feet; thence N 61 05 00 E 12.76 feet to the place of beginning; containing 0.02 acres. "I lie property hcreinabove described was acquired by Hatteras Yachts, Inc. by instrument recorded in Book 1733, Page 798. And on April 5, 2002 at 11:08 AM, Hatteras Yachts, Inc. filed an Application for Certificate of Withdrawal by Reason of Merger, Consolidation or Conversion as a result of its merger with and into Brunswick Corporation (the within named Grantor). TO HAVF AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in Ice simple. And the Grantor covenants with the Grantee. that Grantor has done nothing to impair such title as Grantor received, and that Grantor will wan -ant and defend the title against the lawful claims of all persons claiming by, under or through Grantor. Title to the property hcreinabove described is also hereby conveyed subject to current year ad valorem taxes and the fallowing exceptions (to the extent they are valid and subsisting): (a> right of way of State Road No. 1402 to its full legal width; (b) riparian rights of others in and to Taylors Creek and Bachelors Creek; (c) right of way to the State Highway Commission recorded in Book 754, Page 594. Craven County Registry: (d) claims to land created or lost by accretion, reliction or avidsion resulting from movement of the creek forming part of the PI 11 L 12954640v.1 boundary of the insured land; (e) right of way to the State Highway Commission recorded in Rook 754, Page 602, Craven County Registry; (t) casement for ingress, egress and regress recorded in Rook 710, Page 259_ Craven County Registry; and (g) encroachments, overlaps, boundary line disputes, deficiency in amount of area, rights, easements, ditches, cartways. setbacks, and other patters set forth on that certain ALIWACSM land Title Survey prepared by James M. McNeely, LS on behalf of Milhnan 1yational Land Services, dated July 1, 2013. [Signalure Page Followsl PItIIA 295d640v.1 IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed by its duly authorized officers and its seal to be hereunto affixed. the day and year first above written. BRUNSWICK CORPORATION, a Delaware corporation Name: Alan I.: I.io%vc Title: Vice President - Finance and Controller ICorporate Seal] STATE OF IMANOIS SS COUNTY OP LAKE' On this, thed— day of August, 2013, hefore me a Notary Public in and for the State and County noted above, the undersigned officer, personally appeared Alan L. Lowe, who acknowledged that he is the Vice President -Finance and Controller of BRUNSWICK CORPORATION, a Delaware corporation, and that he/she/they, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the company by liimselt7herself/thctnselvcs as such of ficer(s). In witness whereof; I hereunto sct my hand and officiat seal. Notary Public Z[Scal] My Commission Expires: Nuv20 /G OFFICIAL SEAL MARSHA T VAUGHN NOTARY PUBLIC - STATE OF It11NOM MY CO MSSION EVIRES,M 1118 Plill.l 29i4fiJOv.l Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 +1 215 994 4000 Main +1 215 994 2222 Fax www.dechert.com LYNN K. JENNINGS Senior Paralegal lynn.jennings@dechert.com +1 215 994 2189 Direct +1 215 994 2222 Fax September 11, 2013 Via Federal Express NCDENR Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Hatteras Yachts facility; NC NPDES Stormwater Permit No. NCG 190007, Ownership Change Request Dear Sir or Madam: On August 5, 2013 the Hatteras Yachts facility located at 1 10 N. Glenburnic Road, New Bern, NC 28510 was sold by the Brunswick Corporation to Hatteras/Cabo Yachts, LLC ("Fatteras/Cabo Yachts") and Navis HCY Real Estate, LLC ("Navis Real Estate"). Navis Real Estate is now the owner of the land, buildings, structures, improvements and fixtures at the Site and Hatteras/Cabo Yachts is the operator of and new owner of the other assets located at the Site. Enclosed is a NC NPDES Stormwater Permit Name/Ownership Change Form that includes the dated page and signature pages from the Asset Purchase Agreement and the recorded 'deed of property transfer. With the exception of the change in ownership of the Hatteras Yachts facility, no operations listed on the NDPES Stormwater Permit will change as a result of the sale of the facility and the real estate and the facility contact person will continue to be Hezekiah I larper, Environmental Health & Safcty Specialist. Mr. Harper may be reached at: 73022.1GOVERNMEN'I Dechetrt Hezekiah E. Harper Environmental Health & Safety Specialist Hatteras/Cabo Yachts, LLC 110 N. Glenburnie Road, New Bern, NC 28560 Phone:252-636-4707 Thank you for your attention to this matter. Very Truly Yours, Lynn K.Jennings Environmental Specialist/Senior Paralegal CC: Flezekiah E. Harper Kyle Fox, Esq. Abbi L. Cohen 73022.1 GOVf_RNMGNT V State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director August 27, 1999 ANDY MISKY HATTERAS YACHTS 110 N GLENBURNEE ROAD NEW BERN. NC 28560 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Reissue - NPDES Stormwater Permit Hatteras Yachts COC Number NCG190007 Craven County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG190000. 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 NCG190000 * 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 Washington 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. NCG190000 CERTIFICATE OF COVERAGE No. NCG190007 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, is hereby authorized to discharge stormwater from a facility located at HATTERAS YACHTS, DIV.OF GENMAR IND. 110 N GLENBURNIE RD NEW BERN CRAVEN COUNTY to receiving waters designated as Taylors Creek in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG190000 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 r' 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 September 29, 1995 Andy Misky Hatteras Yachts 2100 Kivett Dr HighPoint, NC 27260 Aya IL C)EHNR Subject: General Permit No. NCG190000 Hatteras Yachts COC NCG190007 Craven County Dear Andy Misky: In accordance with your application for discharge permit received on March 27, 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 .1 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 919/733-5083. cc: Washington Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincerely, ORiGiNALSIGN�JBY BRADLEY BENNETT A. Preston Howard, Jr. P.E. Telephone 919-733-7015 FAX 919-733-2496 50% recycled/ 10% post -consumer paper i STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG190000 CERTIFICATE OF COVERAGE NO. NCG190007 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, Hatteras Yachts, Division of Genmar Industries is hereby authorized to discharge stormwater from a facility located at Hatteras Yachts 110 N. Glenbumie Road New Hem Craven County to receiving waters designated as Taylor's Creek in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, 111 and IV of General Permit No. NCG 190000 as attached. This Certificate of Coverage shall become effective September 29, 1995. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 29, 1995. BRADLEYBENNEii A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Ch 21 ---\ - -- -� A�I v •%� — _�\ -" ��-/� � 4 y lit J ) � ! F .. � �c�I'� �� � a \ �//ice � •�� \\ `_� - % � � � � � � �\ \ \ Fore: Q� ! / •' '._ .�� \ `� �'9 _ _ �— �� p tee. � V A•�g \\\\!�i ` — \ ,�I _ O - ` r I✓ �xx '„2,-yam c� r n \' r IN :'V,�. dlde La. - �- Landing 711, 00, f �r . Boat IDULO X COA �; �� \�I ��� �/�y��' .V RamG �-_ 50 . X r \ 1 4� '� '\ /i B i ♦ . o L.o�i Se age OUAR 27. p�. X / \ •rQ arry ✓•� l' Apo 'o `1 '♦Radio Towed 1. /' "• .,, ul -•vo' ��'. �0Radlo -61 .., BERN 122') x t. �� - ' ^.i-. �--' - 313 'Y BDY ��� Ty (NEW BERM • — a 555� II SE . Jq n;ES CITY 4.6 Ml.� 310 5' SCALE 1:24000 R 2570000.FEET n,a VEL 0 C K 20 MI. 1 0 1 60D0 T 3005000 Jey i 1000 0 1000 2000 0 "00 1 MILOMETER MN B 0 GN CONTOUR INTERVAL 5 FEET 7Ya 929 NATIONAL GEODETIC VERTICAL DATUM IS MEAN 133 MILS 1�l T zt MaG DEPTH CURVES AND SOUNDINGS IN FEETDATUMIS MEAN LOW WATER '?+ THE RELATIONSHIP BETWEEN THE TWO DATUMS IS VARIABLE ! SHORELINE SHOWN REPRESENTS THE APPROXIMATE LINE OF MEAN NIGH WATER , THE PERIODIC TIDES IN THIS AREA ARE NEGLIGIBLE UTM GRID AND 1993 MAGNETIC NORTH 2092 DECLINATION AT CENTER OF SHEET THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS ^ FORSALE By U. TOPOGRAPHIC GEOLOGICAL MAPS AID MBOLSO ISA ACLABLE ON REQUE- FACILITY 4a- (ergs yadt4s COUNTY Craje- RIPDES NC CI (go 001 MAP# DSN FLOW I� SUB BASIN 03-0�-1D LATTITUDE 3Sp��0 LONGITUDE 77 a�2o?a •� RECEIVING STREAM TAq ljrs Cr«,4-' STREAh9 CLASS -a-50 DISCHARGE CLASS S�rnyu7A�rf EXPIRATION DATE 8/3 I /9 9