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HomeMy WebLinkAbout20001285 Ver 1_COMPLETE FILE_20001005State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 L7?WAA • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 12, 2000 Henderson County DWQ Project # 001285 APPROVAL of 401 Water Quality Certification Lake Summit Property Owners Association, Inc. c/o GW. P. Atkins 208 Appledore Avenue Hendersonville, NC 28739 Dear Sirs: You have our approval, in accordance with the attached conditions and those listed below, to excavate 0.04 acres of wetlands on Lake Summit in Henderson County, for the purpose of providing lake access as you described in your application received by the Division of Water Quality on October 5, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3280. This certification allows you to use General Permit Number 198200030 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, C ??i Kerr T. Stevens Attachment cc: Corps of Engineers Asheville Field Office Asheville DWQ Regional Office File Copy Central Files Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper hftp://h2o.enr.state.nc.us/wetiandc.htmI t Poe. Joy ?42ti? o? Dv° ? 0PGC`7v ? 6}V"? Af c X35 C 'To , ?2 oz)72-) ?i2-91-Al ? S (JN 1 T PUL 0 G /+/ "7 rf?7'- l -?Osvz- MQ. 001285 PAYMENT RECEIVED Sc7u7? i?7/C` Plc ?UcT7a?u IV6 n s '7W Yev, k,55OC1417G7? dc1,N S o? Lp? i.S ;7tF ?E -a C'GYE opt Lax S uM Nt r r / v k ?? a i(/ ?. 7/f ©ttir? y n ?, ?? 7- /e-o P d- G*5 SL,`P Aitc- luc ?-?? l?i2? f?iu'? Ti?.3F 747C•E US?? 7g`F ILT4s ?cCV AlcJC?dM'? 75? FA.ctc/:nE7.C l.?fllC?- G? / Ae- 7a H6 vur s/e r `mil gzt-z? Y ?/l ot-t 7tt? d-? ? T?, ?} ??2?UC? (TJ U'T T> C / S A7 a (S f t ?r 7 ? 5(L 7- l?'J[ -7 CoP OF ? PC- A3 C ?NPU p /?/C? C 3D c4<- f::;n 2 !4 Z00. 3v g M t'Tl ? AJ 4/?`T?'r S l/ sf}s `'IC1 E `76 tj y' Uv?, sAf}nA? jk16 `-j-IfF-E L U!? I'I r.?c? 11 f ctbUL`? S(/F?IL? ?} l GU A}1 5e7v7' °]a Yt1J,C J4st}?i/tc C? OcE- Onl SW7- / Z ?c7a a Pu^F CA-L.- A-'7 «o?' 3s? -3 2& 6 Lb tjAV;:F QUCS,77;).,u) 66Z ft-b- 7?,p.4M-C ji y YoUe-t. i pp?285 OEM ID: ;CORPS ACTION ID: _ NATIONWIDE PERMIT REQUESTED ('`PROVIDE NATIONWIDE PERMIT 4): ?- i PRE -CONSTRUCTON NOTIFICATION APPLICATION FOR NATIC14 IDE PERMIT I ; THAT REQUIRE : 1) NOTSlICATION TSE CORPS OF ENGSNEERS 2) APPLICATION p?jSECTION 4CI C'_rRTxrTCATION 3) COORDINATION W?" TEE NC DIVISION OF COASTAL MANAGE=NT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FCRX TO THE APPROPRIATE OFFICE OF THE COR25 O LN-GINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN 7SEE(:.AGENCY OPIES SHCULD BE SENT xQ THE N.C. DIVISION OF E.VVIRCKMENTAL MANAGEMENT ADDRESSES SHE6) PT19ASE PR 5I t iP/Lc?PE2?Y -G? ItTSSoc/,art ,- °`? OWNERS NAME: &e ,.? 2. MAILING ADDRESS: r CITY, I'J ?LSck•?U1Cl? 6 PROJECT LOCATION ADDRESS,'l MAILING ADDRESS ABOVE) : 3. TELEPHONE NUMBER (HOMO, 1 4. F APPLICABLE: AGENT'S' P;iONE NUMBER: i Cr. s P A-Tk j; ,s APPS U>, V, SUBDIVISION NAME: ? STATE: ZIP CODE: DING SUBDIVISION NAm..E (IF DIFFERENT FR?OtM ?, . r-- c ..A . ... ;- C 14s t2jv <'T r r?o C c^Cr, lulu Q v N ":2L Cq(J 3?? _,3a?to (WORK) : OR RESPONSIBLE CORPGP.ATS OFFICIAL„ ADDRESS, LAkE SUN K l'rr ?,ev Pc?Y o60c)f S.:lT?s,U ( 40 4) a?2-a e..' : 5. LOCATION OF WORK (PROODE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERI,r?L PHOTOGrAPHT t W ' TH SCALE) UX COUNTY: NEARE::T TOWN OR CITY: 1 SPECIFIC. LOCATION (INCLUDE ROAD NUMBERS, LANDM3RKS, ETC.) /NTEY??Z774).-j /s 4-r Tlft ,-->?? -- D? t?d `E Ong c.ri71.? SUJ`t?,F*T ?? Dn/c ?/ QRf r? T? i?? ?cE %S Lc??-i'? A,Qypose-n Gui4c AAWWD t /„ J A12o /v 7- Q F p (ra? zv' X_vc) ( k z 6. IMPACTED OR NEAREST STRtAMIRIVER: I?tU R117ER BASIN: 7a. IS PROJECT LCCATEO NEAR WATER CLASSIC rC AS TROUT, TIDAL. SALTWATER (SA) , HIGH QUALITY WATERS .(1 Q`+??) ', OUTST;"LADING RESCURCW WATERS ( RW ,? WATER SUPPLY (WS-I OR WS-I:.)? YES V'r NO IF `Z'Ea, EXPLAIN: (l1 Ac,t, t, eoi;-2o ,kj Ci?+2 6EzZ1 Pi t?e e .:Z -S 7P- i O i J T4V L , 6*1 '1I ?? O6 7b. IS THE ?ROJ'LCT LOCATED WITHIN A NORTH CAROLINA DIVISION QF. COASTAL MANAG E?`".ENT AREA OF EN'JIRONMENTAL CONCERi? (.?.r C) ? vEc [ } iJ0 [? 7r. IT. THE PROJECT iS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES) WHAT ZS Ti E LAND USZ PLAN (LUP) DESIGNATION? 8a. FwiE ANY SE»TION 404 ?ER11-3 BE7N PRFV10 7SLY REQUESTED FOR USE ON THIS PROPERTY? YES [ j NO [74 IF YES, PROVIDE ACTION I.D., NUMBER OF PREVIOUS PERMIT AND PINY AODIT:CNAL INFORlid;-TION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION)- et. A_,E ADDITIONAL PEP_MZt -DQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [?C'y NO ? J If: YES, DESCRIBE P.?ITICInATED WO-OK: ,rf z?•r ? is 4o w d- gAl A-PPIUY itir,4-'rt?y YES FReH AJ&L J, LJ& w1 L P?o,3, Y 4J rr 70 /2_ -/eV-E ,A Ky? sr c7-- 6 A-, ? 9a. Es,rIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ES T I?lATED :TOTAL NUMS?a OZ' ACRES OF WETLANCS L CAI 411" 6?6?Y??? ?M l_ar5 `1S ED ON PROJECT SITE: L 2 10a. NUMBER OF ACRES OF WiiLANDS IMPACTED BY THE PROPOSED PROJECT BY: 1, IYO FILLING: EXCAVATION: i A-A A?- FLOODING. DRAINAGE: OTHER J.f /)/c TOTAL ACRES TO BE IMPACTED: /VD ,V&?7 ?Ob. (1) STREAM CHANNEL T6, BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DI5T LqC,$ BOTH BEFORE ANC AFT.:R RELOCATION) ? AFTER: /V,? T LENGTH BEFORE: /?" _ ' , f4 I FT a WIDTH BEFORE (based on nor4al high water contours): Li iq FT WIDTH AFTER: -?- ?" `3 FT AFTER: S AVERAGE DEPTH BEFORE: RE kA CeiaVNEL S WI' L RESULT FROM: (CHECK ALL THAT APPLY) (2) ST =sue ? -- OPEN C'ciANNEL RELOCP.:ZON: ! PLACF-MENT OF PIPE IN CHANNEL. CONSTRUCTION CF A DAM/FLOODING: CHANNE:, EXCAVATION: ?t OTHER: WHAT IS THE SIZE OF THE il. IF CONSTRUCTION OF A'?,?OO?D'S PROPOSED, WATERSHED DRAINING TO THFP .44 WHAT IS THE EXPECTED ?ONO, SURFACE AREA? ? A DI T OF AINC 12. DESCRIPTION OF PROPOIITD WORK TTACHIPL.A-SSCBSI/QN XF11xPDEtAWINGS MECHANICAL EQUIPMENT TO Bt USED ( ti ONLY) : Vc? i a +4 S1 L'1- LAS e?J? SIe- T w?? L ?3? /tee S 7-6 ?F C'-n o v S /?j?'??`7>LE 5 /G.? U" SIC "`/ DI?)C-? U r 5l1'03 ? i 13. PURPOSE OF PROPOSED !1j0RK: 617t &A-r - .E 3 i 14. ZTATS REASONS WF:Y IT I BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE aNY MEASURES TAXEN TO MINIMIZE WETLAND IMPACTS): 'f?? ifcw no cRl-I.-'l!" 5114r- ,-'?-'LOw S ?r L ?? d- Qc ov#C-- `Q-Utf Lk? 7s ^7 Onf?Y ??! TD H? Gets SciP ?oBa?v i 15. YOU ARE REQUIRED TO C TACT THE U.S. FISH AND WILDLIFE SERVICE ADDRESSES SHEET) REGAR7ZNG HE PRESENCE OF ?'3Y FEDERALLY LISTED OR FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO C0 TACT THE STATE HISTORIC PRESERVATION OFFICER (SHPJ) (SEE AGENCY ADDRESS SHEET) REGARDINiG THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT A E.? W'TC MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: !.r 17. DOES THE PROJECT INV0y.1E AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [) NO GO TO 18) ?. IF YES, DOES THE P4ROJECT REQUIRE PR?:PARATION OF AN E:NIP,OI4'XENTAL DOCUMENT PURSUANT TO THE ?? UIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [} NO [J b. IF YES, HAS THE QQ?CUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRAT C?N STATE CLEARINGHOUSE? YES (I No [ J Ic ANSWER TO 17h is YES, 74EN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE ?;LIr??RINGriCIISE. TO DIV SION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH4AROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE S ME CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS HAG TT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROT i, Zj? DE^AR"'MENT OF AD8 NISTRATION `6 6 WEST JONES STREET, RALEIGH, (IISFWS) AND/OR NATIONAL gy?pp.. IJE FISHERIES SERVICE (NMFS) (SEE AGENCY 2ROPCSED FOR LISTING ENDANG?FiED OR THREATENED "ITENED SPECIF":S OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAC'' BE AFFECTED BY THE PROPOSED PROJECT . DATE CONTACTED: (ATTACH RESPONSES L 1 L" NORTH CAROLINA 27603-90C3j;FTELEPHONE '919) 733-6369. 4 I, 8 THE FOLLOWING ITEMS SHTIKE DBISCIHA$GEDOF EXCAVATED ORPLICAFILLTMATERION 2 POSED AC VI VES 1?HE INTO WETLANDS: lI C WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES NUM 18 21r 26, a. AND FONDS ON THE PROPERTY ??'OR NATIOt"1W2DE D PEP PERMIT ?ENBERON1THE PROPERTY 29, AND 38). ALL STREAMS (INTERMITTEA6 AND MUST BE SHOWN ON THE MAP. MAPSCCALLE$ SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THi%R EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A COSSULTANT, INCLUDE ALL DATA SHEETS REATTACH TO THE OF TFE STORMWATERDEMANAGAc'1rIF-1O.T PLAN. IF REQUIRED. d, ATTACH A COPY e. WHAT IS LAND USE KBE SURROUTNDiNG PROPERTY? f. IF APPLICABLE, WHAT IS PROPOSED M TNOD OF SEWAGE, DISPOSAL? g. SIG;JED AND DATED AGENT AUTHORIZATICN LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATVkS OF THE U.S. MAYO NOT BE IMPA TED PRIOR TO: ENGINEERS 1) ISSUANCE OF A SECTION 404 CORPS O 2) EITHER THE ISSUANCE OR'WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEIMNT (WATER QUALITY) ONLY) IFI TION, AND THE 3) (IN M r*,?ENTY COASTAL NORTH CAROLINA DIVISION OF COASTAL MAtZAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MA14AGEI-IENT PROGRAM. PRoPI o?N?'s 4AW- Sommer 6 NE / GEC T'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION? LETTER FROM THE OWNER IS PROVIDED (189.)) 5 DATE V3 l t4oe. _10h "Vol ?SS?iFa ? 2s?,JvA,C: X35 Lv r=- %?-t1w -b S UN ! T 2 cow _- 14/ a? PAYMENT RECEIVED 001285 K??l MIS "72`b &6`17 Fi n , '7w yd U, 7124- L C-SdH.?r 717- ?2?,? En r/ OG?N??2 S /'?55vc,?ne? ©w,? s a 4-117's /A 5 u!-f ow / u sc ?-? a Al _f2Y-f©vc_ y ; t? y z FA,cftr?nFS # Y? tc?- r?ik.?r L is Cdr 271 cs ` ?fc L ti /iu /1/dYayB ? 'ZOOM- 4Vt _ w T D>l? 7a?? f?c?r+?-c vc r?a-? -S 1 rr ?2oh ?v?u'jJ 771ED? df ferI774 Z 22 / 7a H6 vr< si?`r- `?? z;z Y ehr 7N r ?xya 7z, ?} ?i 1 UcKj b U 7- ! S 44otu4-(t 4 dAW j Cr-- • -?Ycc 5(L T C nricb l4717LID ? d ?y C) `( rC1??c-?ZKc,R vie /C1C>4T7 0 A) pin ON , -Y i oC yo Sao ?? r c Y , 'Thy tiN 3r_1 P, M r •7•T? ?! ? ?? s l.?r?4-s `? u E `7b j-? ?'?N` 1?. s?}? i+Jd `?f 567- -7a YO he_ }?-?iu o onr Ss '-?- r ? 2On -a p(p'Sc" C Azz- C 4o() 3 S? -3 i& 6 5.h"av L b o u OA-Ve QUA-Rd-u 5 iV Wrsf+ S`?r rrPAJ4_ . G?z? 001285 OEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (?4OVIDE NATIONWIDE PERMIT PRE-CONSTRUCTION NOTIFICATIONS APPLICATION FOR NATIONWIDE PERMIT% REQUIRE: 1) NOTIZ'ZCAT%ON ;',THE CORPS OF ENGSNEERS 2) App%.ICATIOtt FO `f SECTION 401 CERTIFICATION 3) COOPMINATION ??s TEE NC DIVISION OF COASTAL X"mGmaNT SEND THE ORIGINAL AND (1) 7SES OFFI CE OF THE COPIES SHCULD BE SF-14T AGENCY ADDRESSES SHE F OWNERS NAME: 2. MAILING ADDRESS: i CITY, e&owV1U ?Y OF THIS COMPI.ETLM FORM TO THE APPROPRIATE ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT PLEASE PRSNT. ti I 960, SUBDIVIS_ON NAME: K STATE: J " `L ZIP CODE: o !_ PROJECT LOCATION ADDRESSfNCLUDING SUBDIVISION NAME (IF DIFFERENT FROM ?l! l ?4Y Su?HM,ter S s Sec-'o"' (9v MAILING ADDRESS ABOVE) : ;A. On 1, . up -, ? Q, 3. TELEPHONE NUMBER ( 4. IF APPLICABLE: AGENT'S PHONE NUMBER: - I- :? 3-?,aFib (WORK) AME OR RESPONSIBLE COR20P.ATE OFFICIAL„ ADDRESS, IF ? -ly i ZC??a a? C?0 `f) 3 3 b > A,-7-4, 5. LOCATIONJ OF WORK (PR MAP OR AERI T PHOTOG-vAP COUNTY : De- a)06 JDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC :I WITH SCALE) NEARE'T TOWN OR CITY: 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) /-S c? D ?U ?E On/ Lf?7Lg S??Nr rT TTf Dn/C f' Tc+ i H Q?E i.-N L-' + i ?iY ???P?S ?N;E•nl9W ''152 4AJ Gu(ZL rA-?'E I ?},QptJtir-71 / nJ G/Zti.v ?' p7-7?? r /1?} d-t Zvi X S/c? (k Z 1 6. IMPACTED OR N?EA ZTT STRiXWRIVER: 6XC2??64 R117ER 'BASIN: 7a. IS PROJECT LCCATEO NEAR WATER CLASSIFIS_ AS TROUT, TIDAL SALTWATER (SA) , HIGH QUALITY WATERS !(EQW) , OUTSTANDING RESCURCS WATERS ( RW) WATER SUPPLY (WS-I OR WS-II)? YES NO t ] ZF YES, EXPLAIN: of &?, _-j-o I &Ez ,k,vtF? #,1rs 71Z)#3 .UT14/Ut5 etm 7b. IS THE PROJECT LOCATED! WITHIN A NORTH CAROLINA DIVISION Q COASTAL MANAGu.SSNT AREA OF ENVIRONMENTAL CONCERN WC) ? vZS [ ] 140 [ 7G. IT THE PROJECT IS LOCF,TLD WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAI. COUNTIES) ,I ;NAT IS TF?E LAND USE PLAN (LUP) DESIGNATION? I 8a. HAVE ANY SECTION 404 PERMITS SEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO IF YES, PROVIDE ACTION I.D., NUMBER OF PREVIOUS PERMIT AND PINY A. ?DI'TIONAL INFORM".AT-10- N (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) 8t. A.kE ADDTT?I/GNAL PEP-MIt REQUESTS EXPECTED FOR THIS PROPERTY IN THE c`UTURE? YES NO L J IF YES, DESCRIBE n.?vTICIPATED WORD{: i1/i?7?zN. L ? 7S L6w,?--x? Pr9P2ex/h'o-lL Y 41 Yt?4-/zS ?lLrfl AJ?.1? LcJ& 6A-, 9a. E5'rIMAT£II TOTAL NUMBtR OF ACRES IN TRACT OF LAND: I ' LOTS S Zl 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS L GATED ON PROJECT SITE: '?5? 2 i i ?i j 10a. NUMBER OF ACRES OF WV: FILLING: /Vo Ive- I, FLOODING : AJf /VE DRAINAGE : N6? ---t- IMPACTED BY THE PROPOSED PROJECT BY: LANDS q1 j LVO „E-C_a-,V- EXCAVATION: C? OTHER: TOTAL ACRES TO BE I2+£PACTED : !Ob. (1) STREAM CHANNEL T? BE IMPACTED BY THE PROPOSED PROJECT (IF 11 RELOCATED, PROVIDE arsTAN4.3 BOTH BEFORE AND AFTER RELOCATION) 3 IV, wrr LENGTH BEFORE. L AFTER: WIDTH BEFORE (based on no Aal high water contours) WIDTH AFTER: t ? FT_ AFTER ?E AVERAGE DEPTH BEFORE: •aNN ?p s WS' RESULT RO : (CHECK ALL THAT APPLY? (Z} TR , OPEN CHANNEL RELOCATION: /V PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: A A,CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A OND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THIPOND? 044 id WHAT IS THE EXPECTED PON ("SURFACE AREA? III 12. DESCRIPTION OF PROPO INCLUDING XF1IYPDE?'WINGS MECHANICAL EQUIPMENT TO Bl? ti ONLY): 4C- /me- ea ?tK tc e- Ai 1 ,LL, /e'e?L4o de 6 e) F acv k uL t) LUCrL S?? 7 Gtl l C L-6 c 12--- ?d Ve!. i +4 F, LL LOcam}'i' tjW-V r-i&K 77rZE7 L,9rC?, W 17?D Plff? '7? ??rrr-??F 5/c.Tr- vNi ?Y oNC-? u r 3U? i,- '?rS `Td ?F C?'-no vS 13. PURPOSE OF PROPOSED( ORK: ?-,? - d- 6-71 /-2 to 3 i t f ? i i14. STATE REASONS WHY IT BELIEVED THAT THIS ACTIVITY MUST BE CARRIED CUT IN WETLANDS. (INCLUDEiMY MEASURES TAXEN TO MINIMIZE WETLAND IMPACTS): w rtu ? -',? 5 t jr 7- 1`z-61.jS ire l^ L,4 L /.s oWc Y cj" -rb_ /-, 15. YOU ARE REQUIRED TO C (UScWS) AND/OR NATIONAL MA ADDRESSES SHEET) REGARDING PROPOSED FOR LISTING ENDAN IN THE PERMIT AREA THAT MA CONTACTED : FSOM THESE AGENCIES 16. YOU ARE REQUIRED TO (SHPO) (SEE AGENCY ADORES PROPERTIES IN THE PERMIT PROJECT. DA?E CONTACTED: 17. DOES THE PROJECT INVO PUBLIC (STATE) LAND? (I' YES [J No P o- 1TACT THE Q.S. FISH AND WILDLIFE SERVICE :14E FISHERIES SERVICE (NMFS) (SEE AGENCY 'HE PRESENCE OF AOTY FEDERALLY LISTED OR -.RED OR THREATENED SPECIES OR CRITICAL HABITAT BE AFFECTED BY THE PROPOSED-PROJECT. DATE (ATTACH RESPONSES ACT THE STATE HISTORIC PRESERVATION OFFICER SHEET) REGARDING THE PRESENCE OF HISTORIC WHICH MAY BE AFFECTED BY THE PROPOSED AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF , GO TO 18) a. IF YES, DOES THE lk,,0JECT REQUIRE PREPARATION OF AN ENVIRONTMENTAi, DOCUMENT PURSUANT TO THE ?QUIREMENTS OF THE NORTH CAROLINA a-VIRONMENTAL POLICY ACT? YES [) NO b. IF YES, HAS THE CUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRAT N STATE CLEARINGHOUSE? Ii YES [ l NO [ 1 11 ANSWER TO 17b IS YES, 7, EN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE, TO DI SION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH'. AROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE S' TE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAG TT, DIRECTOR STATE CLEARINGHOUSE, NORTH .i. CAROLINA DEPARTMENT OF AD INISTRATION, 115 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-80C3 ;1TELEPHONE (919) 733-6369. 4 I j ii 'f i . I ?? OF EXCAVATED APPLICATION TZ? P MATERIAL 18, P THE FOLLOWING ZTEMHISCINCLUDED P POSED A ITEMS SHOULD tHE D C rVI „v` l?? INTO WETLANDS: T 1 r° LAKES a . WETLAND DELINEATIat? MAP SHOWI?•G A*.?L WETLANDS, STREAMS, ERS 14, 18, 21, 26, ;kND PONDS ON THE PROPERTY FOR NATIONWIDE PERMIT N-JMB ON THE PROPERTY . 29, AND 38}. ALL STREAMS ?TNTERMITTENTT AND PEP-MANtINT) kfi BE SHOWN ON THE MAP. !MAPSCALE LD BE 1 INCH EQUALS BO FEET OR 1 INCH EQUALS 1.00 FEET OR THlt%R EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OT WETLANDS TO BE ALL DATA IMPACTED BY PROJECT. C. IF DELINEATION W??ENTOOFEIHEYDELCNEATION LINE. INCLUDE SHEETS RELEVANT TO THE P d. ATTACK A COPY OHE STORMWATER MANAGZME`IT PLAN IF REQUIRED. e. WHAT IS LAND USE SIIRROUNDii`1G PROPERTY? -- - f. IF APPLICABLE, WHAT IS PROPOSED M T.iOD OF SEWAGE DISPOSAL? - g. SITZ4SO AND DATEZ AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WA71RtS OF THE U.S. MAY NOT BE ENGINEERS PRIOR TO: 1) ISSUANCE OF A'0ECTION 404 CORPS 2) EITHER THE ISSUANCE ORVWAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEIM 'T' (WAT$R QUALITY) CERTIFICATION, AND THE 3) (mT THE Ts+'E'NTY COASTAL CCUNTZES ONLY) , NORTH CAROLINA DIz1'ZSIdN OF COASTAL RTCAROLINA OASTALTMANAGEMENTD ACTIVITY IS CON5ISTEN'? ;WITH THE PROGRAM. 4,416 5o 14 it ;T- M)Pe2f N D W S . TUBE 0 NEP,' S /P_Gc. TS IG7AL c?. NLY (AGENT'S SIGNATURE ID O IF AUTHORIZATION LE 'DER FROM THE OWNER IS PROVID?D (189.)} i' 5 1U •- `? csz) DATE UtV YLt KMII' AYYLIC:A1'1UPd NU1tM o n r DUK EPOWER XC%AVA11 Duke File No. Application Fee $ Security Deposit $ Chock # Date Rc cv'd Daft," Protedion/Avoldance Area Makings Field - ,kppcovod to Start Wort By (Prtno Initials Initials Date (sign) Date Completion Required Date of Any Approved Extension Initials Date Passel Closeout Inspection* initials Any Stop Work Orders or SMG Violations*? (check one) []Yes l3No (If Yes, explain in PART V) Date Deposit Refunded initials Date Permit Database Updated Initials Forward copy of approved application (all pages, plas say attachments that Duke Power changed) back to applicant with Approval Letter and highlight say changes. File copies of Approval and Close-out Checklists and any Stop Work Orders with application, PART I -APPLICANT INFORMATION (Please Print) Tax ID or Social Security Number Name -.5u r&o Y ai `f s4relephone ( ) 3 ® ? . Lake Addresses n?f c-ri 0 e N e. Mailing Address (Ijdifferent) of (3 uY.,? N?C r Od66 )-&AS , r 8 739 Contractor Company Contractor Contact Person rker) -bA Telephone () !? ? -" LAKE LOTINFO RMAjTION Lak e Hft i'r County? ! ?J? City f{ .? '-;?o State 'C-Tax Map No. +4 Tl lrl{'Nr'? h ? <e?;r A, r- tin Grid Section Subdivision A KC SU *Am tom' 4A640* Section or phase No. M Lot No. 'J94-1bp Lot sir I in Acres Are tb= ally Co-Applicants*? (check am)17Yes (If Yes, fr,clucfe miens, ad&V=es. Phan nos., lot nos.. lot sizes In PART V - ADDITIONAL INFORMATION • Co-Applicants exist when the proposed work is being done under a single application, will be pccfotmod by a single eontrww as one continuous project and is done to benefit multiple owners 1 lease holders of projcd--front properties within a single development. The chock for the application filing fee and security deposit should be from the patty shown as Applicant and not several checks from the Applicant and Co-Applicants. lE'vc=wAoaPAW"*pfin dce Page I Verified REV. Original Wfoolive 139c. 1 l/ SM Mursz ru r, LrAI:AVAIaVPI rJrjrLYBJL1 1%rtialat.Aa_ayt'1 rvcuvi FART II - DESCRIPTION OF PROJECT A, BASIC MO 1. Type of excavation: (duck one) ? New excavation Maiatcoanee excavation 2. Purpose of excavation: (check one,Boat Access Chan' 1 ? Water Intake Chan'1 13 Wastewater Disco. Chan' t ? Other (specify) 3. Lake user category: (check one) dvate Mommercial/Rcs. OCornmerci"on-Res. OPublic 130ther (specify) t ?1 qO1 Width Depth 4. Max_ Excavation Aran Dimensions (R) Length 5. Excavated material (TOTAL for the project) Cubic yards 6. Type of material (applicant determines byf eld sample if practical) t 1? 7. Excavation Site area A0,04s) Disposal Site area Acre (s) ,_ Acre (s) 8. Total Disturbed Area (including equipment staging area) XW 9. Does the project meet the requirements of the applicable General Permit? (check one) es ONO 10. Do you claim title to the disposal area? (check one) CJYcs ,?,?? Io 11. Do you claim title to the equipment staging area? (check one) *Yes ONO 12 Are there any watsx-treatment facilities within 50 feet of the proposed excavation arcs? (check one) OYcs Io (If Yes.. spec fy) 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and disposal gn) r,9? cvrG.L 73cII.J cF6 'r-m Cc?fttit+?eer?fc. 14. Type(s) of excavation equipment to be used: ' ' 1Lf' /? { 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) C1Yas io (If yes, explain) 16. Will return water re-cater the reservoir? (check one) 13Yes 40 (If Yes, specify point(s) of re-entry and show on Excavation Area Drawing) 17. Total planned duration of tine work (Include fast equipment urobiI&Ation thru mitigation measures complete): START/ 00 FINISH 1 _40 0 fMM4 (Ye4w) (U" N (Year) 18. Total planned duration of ia4 kxe work (i.e. and aqy other in4ake ground disturbance): START ?? 410 FINISH t'+-.. / X32 (Moet6) (Year) (MMIAV (Y-) amdonPA*xvappfm.doc Pago 2 REV: Original Eroc.tive Date: 11/15/98 v b a h •o a 4 U O m v w ai cs. 0 o u u at v x ? ? d u b w 4 ;g V a° 41 *ZZ A4 w a al a a oe M eo .. v 9 M u a A. a A u u b d O b d "? u g Q N a_ h b o tJ -Ot ? ? M V t 1 O v ? 73 u R, , a o A , s a a w b 9 xa u 0 A a a 3 0 a u ..set n A ea ? o a 3 d` O O h rr Q a O U u ?C ?a w? ? w h a c }V}q? a 9 Zi h ao .. w Nr POWER EXCAVATION[ PERMIT AFPLIATON FORM C, ?rrr iC'?1NT SIGNATURE Comments: d lren 1 IFS fi 4 +/ Q s 5; L T /154- N TN-Er 1 A-teCF ' r!6 S GAD 1/t- Al j 72f,-- oAll' Ar7n3 • WA e- CJs 5b -5 *--l t oC 4 ? -F:j S t*XHt*1 ,zee`` p %jA,, L 2 S 'Tz?) 4C4?E5S 7-,%-- 4-4-0' 6,1/77/ 7J rC 43±2:S, IDneL->G/wig ldiLt- A--LDIJ tfsue- '3F-A46 ,2d?11' Applicant Namt (prlirtJ `? G?.,t; A"f7?',)a?S l- Lot V Applicant Signature* Co-Applicant Name (print) Co-Applicant Signatures, Date Lot # Date Co-Applicant Name (print) Lot # Co-Applicant Signature* Date Co-Applicant Name (print) Lot # Co-Applicant Signature* Date Co-Applicant Name (prird) Lot # Co-Applicant Sigmture* Date Ver my signabme, the informatiin provided in this application is conoat to the best of my knowledge. BEFORE YOU MAIL THE APPLICATION TO DUKE POWER LAKE MANAGEbIEMT ENSURE YOU HAVE: • CHECKED THE BOO THOROUGHLY • MEr ALL RFQUME&U.Nl S FOR A C Olv P ETE AMC„ATION (me ww letter of gppticatian package) INCLUDED A SINGLE CHECK TO DUKE POWER FOR THE APPLICATION MING FEE AND SECURITY DEPOSIT • INCLUDED ALL AGENCY PERMITS OR CObQMM LETTERS AND RESOLVED ALL ISSUES RAISED INCLUDED ALL RFQUMHD DRAWINGS. SURVEYS AND PLANS • INCLUDED COPIES OF DEEDS AND AUTHORIZATION LETTERS • A1Exrsppltu doc Pace 5 REV: 068w EffaA t Daft: 11ASM RANDOLPH C. ROMEO Attorney At Low 501 Sixth Avenue West Suite B Hendersonville, North Carolina 28739 (704) 692-0854 September 5, 1990 Mrs. Stevie Hydri ck Lake Summit Property Owners' Association 208 Appledore Avenue Hendersonville, North Carolina 28739 Dear Stevie: Recently, North Goodwin asked that I verify which lots the Property Owners' Association originally purchased from Jimmy Edney's corporation, and which lots were then deeded to The Lake Summit Foundation. This letter is to give you that information for your records. In July, 1984, Lake Summit Shores, Inc., deeded to the Lake Summit Property Owners' Association, Inc., Lots A, 22, 25, and 26 of Lake Summit Shores Subdivision. A copy of a portion of the subdivision plat is included herein for your reference, showing each of the lots in question. In' February, 1988, the Property Owners' Association deeded Lot A to The Lake Summit Foundation, and in July, 1988, Lot 22 was deeded-to the Foundation. This' means that the Property Owners' Association still owns Lots 25 and 26, which include the ramp and the dock. If !I may be of any further assistance, please feel free to contact me at your cogveni ence. very,t.?o lyyqu rs, RCR/s j Enclosure r r... v . ..Will Attorney at Law ~ .,l?+EiEy CL.AIhIV COVti=tag TNt°a ??O?G1v?T"y. ., SOT ?oc?i.l»Ftg ,q,f-ovG T1-1•t.S '"vOUTa-{ EC7G? AC 'T'1d? F?.wWE1?L•ht"'(' ' CJ.'?. ?;5 ARt? N.a.11..-"a °??'-CW WLtB.°aS ?f o^t'tt.0 OT•1 C_'_t?Vt4?>5.?.la l..l. 1..OT ORN¢123 iN T1'1 °L?. CCN-rt9S? Ot- ?.!2., IB6.', ARE RAPE-Rea..tC,Q r•? ??/ Axt fR01.! ,? h R+ftE °e E'7" 5'5 Fr7: Fr i70 rvt CO i>N 7? 1? A°3 r.t.EA'3UR ?v .ltiLGt?JC b t L7 E l-OT fNtE.?ta. ?i.?- L.OT Co?N4?R"a At.ot?.K. Tt.{f?. °•?tiORL=. C7t? L./.KE'fbt?+v.MtT' -ir2? R?FFt-'t,ZENG 'L' !°aY A.1..1' 1QOr?t 1°tF*C S{ST ? FT. F•rLO+-?. Cor¢N ?SZ A'y ' .C3ew'bufgt?6 A.t.A f+aG "71C7Ci 6-t'T L,JH ff.`s - . A- -t_ LO-f"ma A.Rm °oUR3 1 LSG'C -TO RlC'sN T'-OIL -tV ay CLA.jP• -mQ f3Y T!-I CEE +V.C. C?tss?-r, os? -['RSV+tbt?t?'t-.e?'rtc?..? t=o+z at...c> u-? 2S i,b.r`t, r?S? LD i ? ?a + a I '. f . ? -btlil 4 . sy? ..v rr . M. r i 1 ? 3 1? T , AR STATE OF NORTH CAROLINA L J '7 11 _ YJl:.CaU = COUNTY OF HENDERSON ' . This Deed of Trust is made and entered into this 28th day of June, 1984, by and between LAKE SUMMIT SHORES, INC. (herein designated "Grantor"), BOYD B. MASSAGEE, JR., as Trustee (herein designated "Trustee") and MABEL FREEMAN, (herein designated "Beneficiary"). The designation Grantor, Trustee, and Beneficiary as used herein shall include the designated parties, their heirs, successors, and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, WHEREAS, the Grantor is justly indebted to the Beneficiary in the principal sum of Ten Thousand and 00/100 Dollars ($10,000) as evidenced by one promissory note of even date herewith, the terms of which are incorporated herein by reference. AND WHEREAS, the Grantor desires to secure the payment of the indebtedness. NOW, THEREFORE, as security for said debt and a valuable consideration, receipt of which is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to the Trustee, his heirs or successors and assigns the following described piece or parcel of land situated in Green River Township, Henderson County, North Carolina, and more particularly described as follows: BEING all of Lot Nos. Twenty-Five (25) and Twenty-Six (26) of Lake Summit Shores, as shown on plat thereof recorded in Plat Cabinet A, Slide No. 171, Henderson County Registry. This is a Purchase Money Deed of Trust. TO HAVE AMID TO HOLD said real property with all privileges and appurtenances thereunto belonging, to the said Trustee, his heirs, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses 'hereinafter set forth. If the Grantor shall pay the note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or inpart, and shall comply with all of the covenants, terms, and conditions of this deed of trust, then this conveyance shall be null and void and may be cancelled of record at the request of the Grantor. If, however, there shall be any default in any of the covenants, terms or conditions of the note secured hereby or any failure or neglect to comply with the covenants, terms, or conditions contained in this deed of trust, then and in any of such events, the Beneficiary shall give the Grantor notice in writing of such default, failure or neglect, and if the same is not then cured within 30 days after the giving of such notice, the note shall, at the option of the Beneficiary, at once become due and payable without further notice, and it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first given such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave or court as may be then required by law and giving such notice and advertising the time and place of such sale in such 4 ZO manner as may be then provided by law, and upon such and any resales and upon compliance with the then law relating to foreclosure proceedings to convey title to the purchaser in fee simple. The proceeds of the Sale shall, after the Trustee retains his commission, be applied to the costs of sale, the amount due on the note hereby secured and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale or the minimum sum of $750.00, whichever is greater, for a completed foreclosure. In the event foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee and a commission computed on five percent (5%) of the outstanding indebtedness or the above stated minimum sum, whichever is greater. The costs of the foreclosure proceedings shall also include the Beneficiary's reasonable attorney's fees as set forth in the Note. And the said Grantor does hereby covenant and agree with the Trustee and Beneficiary as follows: 1. INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefit of the Beneficiary against loss by fire, windstorm, and such other casualties and contingencies, in an amount sufficient to pay the sum secured by this deed of trust. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payment as long as the note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay the premiums therefor or deliver said policies along with evidence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be added to the Notes secured by this Deed of Trust, shall bear interest at the rate set forth in said Notes, and shall be due and payable upon demand by Grantor to Beneficiary. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said premises within thirty (30) days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments and charges as herein required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the Note secured by this Deed of Trust, shall bear interest at the rate set forth in said Note, and shall be due and payable upon demand by Grantor to Beneficiary. 3. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 4. WASTE. The Grantor covenants that he will [seep the premises herein conveyed in as good order, repair and condition as they are now, reasonable wear and tear excepted, and that he will not commit or permit any waste. .9 5. WARRANTIES. Grantor covenants with Trustee seized of the premises in fee simple, has the right simple, that title is marketable and free and clear that he will warrant and defend the title against persons whomsoever. and beneficiary that he is to convey the same in fee of all encumbrances, and the lawful claims of all 6. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's fees of the Trustee in such action shall be paid by Beneficiary and charged to the Note and secured by this Deed of Trust. 7. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this deed of trust is subordinate shall, at the Beneficiary's option, constitute default hereunder. 8. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the property or any interest therein is sold or transferred by the Grantor without the Beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent, or by operation of law upon the death of the Grantor, or (d) the grant of any leasehold interest of three years or less duration not containing an option to purchase, the Beneficiary may, at the Beneficiary's option, declare all sums secured by this Deed of Trust to be immediately due and payable. The Beneficiary shall have waived this option to accelerate if, prior to such transfer, the Beneficiary and the person to whom the property is to be conveyed reach agreement in writing that the credit of such person is satisfactory to the Beneficiary and that the interest payable on the sums secured by this instrument shall be at such rate as the Beneficiary shall request. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. (Corporate Name) LAKE SU09T SHORES, INC. (SEAL) BY : James t "`,• ?, • _ . Secretary arporate Seal CFA ? ?u bbtON•ni+ .• (SEAL) (SEAL) (SEAL) 1 SEAL-STAMP STATE OF COUNTY I, a Notary Public of the County and State aforesaid, certify that , Grantors, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal or stamp, this day of , 1984. My commission expires: Notary Public SEAL-STAMP STATE OF NORTH CAROLINA, HENDERSON COUNTY I, a Notary blic of the County and State aforesaid, certify that _ personally came before me this day and ac ova edged that he is Secretary of L _ AKE SUMIT SHORES, INC., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by JAMES EDNEY, its Pr ident, se led with its corporate seal and attested by as its r4_ Secretary. W' ness my hand and official seal or stamp, this 28th day of June, 1984. My commission expires: : Notary P is G z. P U, County The foregoing ceftiffcate(s) of C) -ified to be correct. Public ?'?? Cel `.:This Instrument p ented for registration an recorded in this office? 1 c, tt .;,..e ,e J1 a+ t-' 1h"' . in iaoo? Pages' of Deeds PROMISSORY NOTE Hendersonville N.C June 28 y 84 $10,000.00 FOR VALUE RECEIVED the undersigned, jointly and severally, promise to pay to MABEL FREEMAN, Widow or order the principal sum of --""'--"----------TEN THOUSAND AND 00 / 100--- --------- DOLLARS (s 10, 000.00------rwith interest from date , at the rate of 12 per cent per annum on the unpaid balance until paid or until default both principal and interest payable in lawful money of the United States, at Hendersonville, N. C. or at such other place as the legal holder hereof may designate. It is understood and agreed that additional amounts may be advanced by the holder hereof as provided in the instruments, if any, securing this note and such advances will be added to the principal of this note and will accrue interest at the above specified rate of interest from the date of advance until paid. The principal and interest shall be due and payable as follows: Monthly payments of $222.45, beginning July 28, 1984 and continuing monthly until paid in full, to be applied first to the payment of interest and then to principal. This note may be prepaid without penalty. r- { ( ? 1: L* hu. If default occurs in payment of any installment of principal or interest hereof or if default occurs under the terms of any instrument securing this note, the holder may, without notice, declare the remainder of the debt at once due and payable. Failure to exercise this option shall not constitute a waiver of the right to exercise the same at any other time. The principal of this note and a ny part thereof, and accrued interest, if any, shalt bear interest at the rate of 12 per cent per annum after default until paid. Each party to this note, whether principal, surety, guarantor or endorser, hereby waives presentment for payment, demand, protest and notice of dishonor, and all defenses on the ground of extension of time for the payment hereof which may be given by the holder of the note to anyone who is obligated to pay this note. Upon default under this Note or any instrument which secures its payment, the holder of this note may employ an attorney to enforce the holder's rights and remedies under the terms of this note and any instrument which secures its payment and each maker, principal, surety, guarantor and endorser of this note hereby agrees to pay to the holder, jointly and severally, the sum of fiftetin (15%) per cent of the outstanding balance owing on said note for reasonable attorneys' fees, plus all other reasonable expenses incurred by the holder in exercising any of the holder's rights and remedies upon default. This note is to be governed and construed in accordance with the laws of the State of North Carolina. This note is given to secure a part.of the purchase price of real estate and is secured by a purchase money deed of trust which is a first lien upon the property therein described. The provisions of all security instruments securing this note are incorporated herein by reference. IN TESTIMONY WHEREOF, each corporate maker has caused this instrument to be executed in its corporate name by its President, attested by its Secretary, and its corpo- IN TESTIMONY WHEREOF, each individual maker has hereuntc set his hand and adopted as his seal the word "SEAL" appearing rate seal to be hereto affixed, all by authority of its Board of Directors beside his name, the day and year first above written. first duly given, the day and year first above written. Name) ATTI ST: ,? , (SEAL) (SEAL). (SEAL) (SEAL) Secvetary (Corporate Seal) ....6v;vuu a LZassagee STATE OF NORTH CAROLINA " ? `-%' ``? I cz aal j ? '?s ' _v'Itlj f' ell, COUNTY OF HENDERSON EDS This Deed of Trust is made and entered into this 28th day of June, 1984, by and between LAKE SUMMIT SHORES, INC. (herein designated "Grantor"), BOYD B. MASSAGEE, JR., as Trustee (herein designated "Trustee") and MABEL FREEMAN, (herein designated "Beneficiary"). The designation Grantor, Trustee, and Beneficiary as used herein shall include the designated parties, their heirs, successors, and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, WHEREAS, the Grantor is justly indebted to the Beneficiary in the principal sum of Ten Thousand and 00/100 Dollars ($10,000) as evidenced by one promissory note of even date herewith, the terms of which are incorporated herein by reference. AND WHEREAS, the Grantor desires to .secure the payment of the.indebtedness. NOW, THEREFORE, as security for said debt and a valuable consideration, receipt of which is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to the. Trustee, his heirs or successors and assigns the following described piece or parcel of land situated in Green River Township, Henderson County, North Carolina, and more particularly described as follows: BEING all of Lot Nos. Twenty-Five (25) and Twenty--Six (26) of Lake S11-it Shores, as shown on plat thereof recorded in Plat Cabinet A, Slide No. 171, Henderson County Registry. This is a Purchase Money Deed of Trust. TO HAVE AND TO HOLD said real property .with 'all privileges and appurtenances thereunto belonging, to the said Trustee, his heirs; successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set forth. If the Grantor shall pay the note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or impart, and shall comply with all of the covenants, terms, and conditions of this deed of trust, then this conveyance shall be null and void and may be cancelled of record at the request of the Grantor. If, however, there shall be any default in any of the covenants, terms or conditions of the note secured hereby or any failure or neglect to comply with the covenants, terms, or conditions contained in this deed of trust, then and in any of such events, the Beneficiary shall give the Grantor notice in writing of such default, failure or neglect, and if the same is not then cured within 30 days after the giving of such notice, the note shall, at the option of the Beneficiary, at once become due and payable without further notice, and it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first given such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave or court as may be then required by law and giving such notice and advertising the time and place of such sale in such r?. -z ?c tip t E. e? ra ?B T ? 120 r I ?y e? 7 i P` ?Q a 1 1 P ?z3 tea 6 x i •-va' Ayo-:Z?T 0 , DUKE POWER DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big impact on permit processing time. Please complete this form and return it along with your completed permit application to: DUKE POWER C/O LAKE MANAGEMENT - EC 12 Q PO BOX 1006 CHA J,OT E, NC 28201-1006 1-$00-443-5193 Applicant's Name: `-+?'Jt? i t r 7 ?l*f FZy`/ A) Street Address (at lake) tea" d F At, Z7.S "W-4.,"S.. Lake Name: Subdivision Name: Lkiec 5t1 MM A- 51w4r' Property Section: Lot # City/ 0 -gl> Z? County: r ss? State: 14 (f° Zip: Telephone: 'hype of Permit Requested "C'ircle': Private Facility Commercial Facility 65C-a-va,tto Sta lion Conveyance Miscellaneous Uses Directions (from major road or highway): E i 1,S+R? L ?. ? ?:' '? . p% a...fL .... ? {,,,, .,a ? t•^"' "'? :Y,? art ?,' 9.1?c', C't'?' + ?.•f P?.'-i ?er?..•. JJ ? ?-f , i ;???; ? f.,,1i ?.? -Ira ? S'??iL?i'1??- ?-'•-? t ?. ?+" Descriptive Stmctum on property (Le. bd& garages white few4, mobil home, etc): *Note: Please use the back of this form if desired to draw in s neap to the site. GP ULMEMGMr/I.MPPMURECTIMS.DOC EfCcWve Data: i III SM OA- ??r jk)l .a ?I ;I PA-7L7- L&rj'1? !fit L? Ct7p S€? 1?`l C.?Tit? _