20140843 Ver 1_Individual_20140808

2 0 1 4 0 8 4 3
U S ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
710-00 3
OMB APPROVAL NO 0710-00,7)3'
EXPIRES 28 FEBRUARY 2013
33 CFR 325 The proponent agency is CECW -CO -R
Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding
this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710-0003) Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT
RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity
PRIVACY ACT STATEMENT
Authorities Rivers and Harbors Act, Section 10, 33 USG 403, Clean Water Act, Section 404, 33 USG 1344, Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413, Regulatory Programs of the Corps of Engineers, Final Rule 33 CFR 320 -332 Pnnclpai Purpose Information provided on
this form will be used in evaluating the application for a permit Routine Uses This information may be shared with the Department of Justice and other
federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law Submission
of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application
that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1 APPLICATION NO
2 FIELD OFFICE CODE
3 DATE RECEIVED
4 DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5 APPLICANT'S NAME
8 AUTHORIZED AGENT'S NAME AND TITLE (agent is not required)
First - John Middle - Last - Harmon
First - Wanda Middle -H Last - Austin
Company - Harmon Graham Properties, LLC
Company - Wanda H Austin, PE Engineering
E-mail Address -
E-mail Address - wandajoyceaustin @gmail com
6 APPLICANTS ADDRESS
9 AGENTS ADDRESS
Address- P O Box 180
Address- 45 Homespun Road
City - Waynesville State - NC Zip-28786 Country-US
City - Sylva State - NC Zip-28779 Country-US
7 APPLICANT'S PHONE NOs w /AREA CODE
10 AGENTS PHONE NOs WAREA CODE
a Residence b Business c Fax
a Residence b Business c Fax
828 -452 -0545
828- 342 -5079 828 - 342 -5079 n/a
STATEMENT OF AUTHORIZATION
11 1 hereby authorize, Wanda H Austin, PE to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this pe a IiCation
,,l r a Er
SIGNATURE OF APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12 PROJECT NAME OR TITLE (see instructions)
Jule Noland Drive Phase I1
13 NAME OF WATERBODY, IF KNOWN (if applicable)
14 PROJECT STREET ADDRESS (if applicable)
wetland
Address Jule Noland Drive
15 LOCATION OF PROJECT
Latitude -N 35 52417 Longitude >W 82 98639
City - Waynesville Stat - C Zip- 28786
16 OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
� �
State Tax Parcel ID 8616 -49 -2446 Municipality Waynesville D
Section - Township - Waynesville Range - AUG 0 8 2014
ENO FORM 4346, OCT 2012
PREVIOUS EDITIONS ARE OBSOLETE
r WA P elof3
SEorrtnw WALITY
franc:

17 DIRECTIONS TO THE SITE
I -40 west to Exit 27 (US 74 West) Follow US 74 West to Exit 103 (US 19) Dellwood Road towards Maggie Valley Continue 1 1 miles
and turn left onto US 276 (Russ Ave) Continue 0 2 miles and turn left onto Jule Noland Drive Property is on the left
18 Nature of Activity (Description of project, include all features)
Total acreage of the property is 9 07 acres Phase I added 8 feet of fil I to 3 5 acres Phase II is proposed to fill 2 6 acres with 8 feet of
compacted fill Of the 2 6 acres, 1 2 acres are within the wetland boundary and 1 4 acres are surrounding the current wetland boundary
The wetland boundary was delineated by Altamont Environmental, Inc on February 19, 2014. The fill will be placed on a 2 1 slope and
compacted
19 Project Purpose (Describe the reason or purpose of the project, see instructions)
The purpose of the project is to provide 5 0 acres of suitable commercial property Wal -Mart Neighborhood Market has expressed an
interest in building a neighborhood grocery store at this location Wal -Mart Neighborhood Market has now committed to building on this
site contingent the minimum acreage can be provided for construction The minimum size of the store is 40,000 square feet The parking
required by local ordinances is 1 space per 200 square foot of building Thus 200 spaces are required for the grocery retail The minimum
footprint of the development is 4 0 acres Several alternatives have been evaluated to yield the maximum build -able acreage while
preserving as much of the wetland as possible
USE BLOCKS 20 -231F DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20 Reason(s) for Discharge
The discharge of 15,500 cubic yards of fill into 1 2 acres of wetland is necessary to provide the 4 0 acres of suitable commercial property
for the construction of a Wal -Mart Neighborhood Market and provide access to the 0 7 acres of the property north of the wetland This 0 7
acres is currently land locked by Mauney Cove Branch, Factory Branch, Bojangles property and the wetland The total acreage of the
property is 9 0 acres Of the 9 0 acres, 1 5 acres is restricted by a greenway easement, sewer easement and the creek buffers Another 0 8
acres is restricted by other utility easements and roadway right of way along Jule Noland Drive The remaining 6 7 acres includes 3 2 acres
of wetland and 3 5 acres of non wetland property Internal access to the northern 0 7 acres will eliminate the necessity of an additional
driveway access on US 19 near the signalized intersection of US 19 and US 276
21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
15,500 cy soil type Edneyville- Chestnut
22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres see additional pages
or
Linear Feet
23 Description of Avoidance, Minimization, and Compensation (see instructions)
see additional pages
ENG FORM 4345, OCT 2012 Page 2 of 3

24 Is Any Portion of the Work Already Complete? QYes QNo IF YES, DESCRIBE THE COMPLETED WORK
Phase I of the protect is 85% complete Phase I did not include impacts to the wetland or adjacent waterways No portion of Phase II has
been completed A tentative start date of November 2014 is scheduled for Phase II
25 Addresses of Adjoining Property Owners, Lessees, Etc, Whose Property Adjoins the Waterbody (if more than can be entered here Please attach a supplemental list)
a Address- see additional pages for complete listing of adjacent property owners
City - State - Zip -
b Address -
City - State - Zip -
c Address -
City - State - Zip -
d Address -
City - State - Zip -
e Address -
City - State - Zip -
26 List of Other Certificates or Approvals /Denials received from other Federal, State, or Local Agencies for Work Described in This Application
AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
NCDENR Land Disturbing HAYWO- 2014 -005 03 -04 -2014 03 -27 -2014
* Would include but is not restricted to zoning, budding, and flood plain permits
27 Application is hereby made for permit or permits to authorize the work described in this application I certify that this information in this application is
complete and accurate I furthe certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant C�
QL�,u_ o 1 y Wanda H Austin, PE
SIGN , URE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement In block 11 has been filled out and signed
18 U S C Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both
ENG FORM 4345, OCT 2012 Page 3 of 3

INDIVIDUAL PERMIT NARRATIVE
Block 22:
The total surface area to be filled is 2 6 acres, including 1.2 acres of wetland The estimated quantity of fill in
the wetland is 15,500 cubic yards The material will be transported from a previously permitted borrow source
located near 1260 Russ Ave Waynesville NC The borrow source is permitted under Identification Number
HAYWO- 2014 -005. The soil at this site has been tested by the NC Department of Transportation for use on the
Howell Mill Road construction. The soil was passed all testing and was found to be a good source of fill
material. The US Department of Agriculture Soil Survey identifies the type of soil to be Edneyville- Chestnut
Complex, EdE. Soil from this borrow source is currently being used for phase I. The material will be
transported by truck to the site and placed utilizing an excavator. The fill will be placed outside a 10 foot buffer
along the new wetland boundary on a 2:1 slope
Block 23:
The development of the project included several alternatives for the avoidance and mitigation of the impacts to
the wetlands located on the property. As indicated above, the total acreage of the property is 9.0 acres. Of the
9.0 acres, 1.5 acres is restricted by a greenway easement, sewer easement and the creek buffers. Another 0.8
acres is restricted by other utility easements and roadway right of way along Jule Noland Drive. The remaining
6.7 acres includes 3.2 acres of wetland and 3.5 acres of non wetland property.
Alternative #1 is do nothing. This alternative would provide limited commercial value to the property. A
portion of the property (0.7 acres) is not accessible without impacting Mauney Cove Branch, Factory Branch,
the wetland or the parking for Bojangles. Harmon Graham Properties, LLC does not have a right of way
easement with Bojangles on this side of the property. There is an easement to the east of Bojangles for a road
right of way to access Jule Noland Drive The southern end of the property is located below the grade of Jule
Noland Road and the adjacent commercial property making access difficult. An analysis of the "do nothing"
alternative yields a 0% usage of the commercial property and no impacts to the wetland or other waterways;
however, the investment cost is high to Harmon Graham Properties, LLC This alternative was not chosen.
Alternative #2 for the project placed fill in the available portion of the property to the south of the wetland.
This activity, known as Phase 1 in this application, yielded 2 5 acres of suitable commercial space. This
alternative provides limited use of the property Only 41% of the available 6 0 acres would be utilized There
are no impacts to the wetland or adjacent waterways. The cost of the alternative is offset by a smaller suitable
commercial lot This alternative also provides no access to the 0.7 acres to the north of the wetland
Once the Walmart Neighborhood Market expressed an interest in the property, this Alternative did not meet the
minimum required footprint of 4.0 acres. This alternative was not chosen
Alternate #3 included placing fill material on the entire 6.7 acres available for commercial development. This
alternative would provide three commercial sites. The 4.0 acres required by the grocery retail and two
additional 1 acre outparcels This alternative would utilize 100% of the available commercial land and
maximize the return on the investment However, the environmental impact was taking the entire 2.3 acres of
wetland. Thus this alternative was not chosen
The final alternative, #4, includes maximizing the frontage along both Jule Noland Drive and US 19. This
alternative will impact only 38%, 1.2 acres, of wetland. The impacts have been limited to the perimeter of the
wetland while providing internal access to the northern 0 7 acres on the property. The internal access will
eliminate the necessity of an additional driveway access on US 19 near the signalized intersection of US 19 and

21P ig:
US 276 and the additional impacts to Factory Branch for a culvert under the potential drive. This alternative
reduces the available commercial sites to two. The 4.0 acres for the grocery retail with frontage on Jule Noland
Drive and 0.7 acres with frontage on US 19 (accessed internally) Alternative #4 utilizes 75% of the available
commercial property. This alternative has been chosen as the best alternative for the property Alternative #4
maximizes the suitable commercial property while mirnmizing the impacts to the wetland
Also included in the alternative analysis for avoidance and minimization was the consideration of other
available property of equivalent size within a five mile radius of the property The property in this application
is zoned commercial within the city limits of Waynesville and is located near the intersection of two mayor
highways, US 19 and US 276. This area not only is the single access to Waynesville from Maggie Valley and
Jonathan Creek community but also serves Junaluska Assembly and Lake Junaluska. A search of the Haywood
County Tax website identified seven properties as available or recently sold Of the seven, only two were listed
as zoned commercial; an 8.1 acre tract located at 1441 Russ Ave and 8.8 acre tract on Henry Dingus Way. The
other tracts are open land located off any major highway. The tract on Russ Ave is adjacent to Barberville
Baptist Church The access to the property is limited and does not offer the possibility of a signalized entrance
onto Russ Ave. The property also increases the trip length for the area of service targeted by the grocery retail
The tract on Henry Dingus Way is within the subdivision limits of Campbell Woods near Maggie Valley This
location; although located on US 19 and near US 276, would not be a suitable location for a grocery retail.
Campbell Woods is an older developed subdivision. The potential customer base of Lake Junaluska and
Junaluska Assembly would be lost at this location. According to a local real estate, there are no 8 -9 acre tracts
of commercial property currently available within a 5 mile radius of the Jule Noland Drive project
The proposed mitigation for the 1.2 acres of impacted wetland includes payment of In -Lieu -Fee to the
Ecosystem Enhancement Program. Application will be made once this application is filed with the US Army
Corp of Engineers.

3 1 P i - L.
Block 25.
LIST OF ADJACENT PROPERTY OWNERS
Tax ID
Name of Owner
Address of Owner
Address of Property
8616 -39 -6743
Kristin Coffey
165 Valley View Terrace
2387 Russ Ave
Waynesville, NC 28786
8616 -49 -0919
Phyllis N Damour
5 Noland Downs Road
1287 Dellwood Road
Waynesville, NC 28786
8616 -39 -6037
JoAnn Noland
5 Noland Downs Road
1373 Dellwood Road
Waynesville, NC 28786
8616 -39 -7511
Karen Dayton
P. O. Box 1787
19 Dayton Drive
Tupelo, MS 38802
8616 -39 -5412
B J Morrow
1210 Crabtree Road
9 Macs Lane
Waynesville NC 28786
8616 -39 -6226
Ralph Fleming
1606 Mauney Cove Road
2311 Russ Ave.
Waynesville NC 28786
8616 -39 -9677
Sharon H. Rhodes
96 LaVista Dream Lane
2360 Russ Ave.
Waynesville NC 28786
8616 -39 -9563
Ryan Rackley
25 Pinellas Lane
2348 Russ Ave.
Waynesville NC 28786
8616 -49 -1903
Mack W. Noland
712 Pigeon Street
Dellwood Road #2
Waynesville NC 28786
8616 -49 -1952
Bill Noland
100 Noland Downs Road
Dellwood Road #3
Waynesville NC 28786
8616 -38 -5985
Eugene Ferguson
1914 Dellwood Road
Russ Ave.
Waynesville NC 28786
8616 -37 -3938
Kenneth Hobbie
95 Rangeview Lane
47 Cortland Ct.
Waynesville NC 28786
8616 -48 -1684
Robert Noland
289 Maple Grove Church
Jule Noland Dr.
Road
Waynesville NC 28786
8616 -48 -6972
James D. Noland
180 Jule Noland Dnve
180 Jule Noland Drive
Waynesville NC 28786
8616 -48 -8690
Senior Residences at Lake
2360 Sweeten Cr Rd
Tract C
Junaluska
Asheville NC 28803
8616 -58 -1897
Senior Residences at Lake
2360 Sweeten Cr Rd
Tract B
Junaluska
Asheville NC 28803
8616 -59 -1245
Lake Junaluska Assembly
P. O. Box 67
1023 Dellwood Road
Inc.
Lake Junaluska NC 28745
8616 -49 -8422
Waynesville Christian
75 Creekside Drive
1115 Dellwood Road
Fellowship
Maggie Valley NC 28751
8616 -49 -5561
Rigsby Family Holdings
55 Shilor Road Unit 2
1119 Dellwood Road
LLC
Asheville NC 28803
8616 -99 -8002
Lake Junaluska Assembly
P. O. Box 67
689 S Lakeshore Drive
Inc.
Lake Junaluska NC 28745
8616 -49 -6903
Lake Junaluska Assembly
P. O. Box 67
1168 Dellwood Road
Inc.
Lake Junaluska NC 28745

4111a��c
8617 -40 -3190
Martineque LTD
P O. Box 75
1226 Dellwood Road
Medina WA 98039
8616 -49 -4866
Haywood Rentals
58 Pigeon Street
1207 Dellwood Road
Waynesville NC 28786
8616 -49 -3869
Phyllis Damour
5 Noland Downs Road
Dellwood Road #7
Waynesville, NC 28786
8616 -49 -3809
Rev Juanita N Coldiron
25 Harmon Ave
Dellwood Road #6
Lake Junaluska NC 28745
8616 -49 -2950
Rev Juanita N Coldiron
25 Harmon Ave.
Dellwood Road #5
Lake Junaluska NC 28745
8616 -49 -2901
Rev Juanita N Coldiron
25 Harmon Ave.
Dellwood Road 94
Lake Junaluska NC 28745
8617 -40 -1197
Joseph Haynes
P. O. Box 941
1256 Dellwood Road
Clyde, NC 28721
8617 -30 -5352
Ronald Morrow
P. O. Box 953
1368 Dellwood Road
Lake Junaluska NC 28745

M &T 503E
JCS
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS - MATERIALS AND TESTS UNIT
SOILS TEST REPORT -SOILS LABORATORY
T.I.P. ID #:
REPORT ON SAMPLES OF: I Borrow for Evaluation
PROJECT:
PO#6300032946 COUNTY: I Haywood I Owner: I Project
DATE SAMPLED:
5.1.13 DATE RECEIVED: 15.6.13 DATE REPORTED: 15.9.13
SAMPLED FROM:
Pit SAMPLED BY:
N. Tanner
SUBMITTED BY:
J. Woodard/M. Bishop
2012 STANDARD SPECIFICATION
LABORATORY:
Asheville
TEST RESULTS
Project Sample No.
1
Lab Sample No.
A- 174164
HiCAMS Sample #
n/a
Retained #4 Sieve %
10
Passing #10 Sieve %
1 97
Passing #40 Sieve %
83
Passing #200 Sieve %
1 50
-
-
-
-
--
MINUS #10 FRACTION
Soil Mortar -100%
Coarse Sand -Ret. #60
25
Fine Sand - Ret. #270
34
Silt 0.05 -0.005 mm %
27
Clay <0.005 mm %
14
Passing # 40 Sieve %
--
Passing # 200 Sieve %
--
-
-
-
-
--
Remarks:
A- 174164
CC:
M. Patton
File
SOILS ENGINEER:
G /Everyone /M &T Forms/Regional Lab Statesville /Soils Test Report M &T 503E 8 -19 -2000
Plastic Index
' '
-
-
-
-
--
Remarks:
A- 174164
CC:
M. Patton
File
SOILS ENGINEER:
G /Everyone /M &T Forms/Regional Lab Statesville /Soils Test Report M &T 503E 8 -19 -2000

Wanda Austin
Sent from my Phone
Begin forwarded message-
From: IGm Teague <rkteague1 �att net>
Date: July 23, 2014 at 8:39:53 PM EDT
To: Wanda Austin <wanda.austin72Cc� yahoo com>
Subject: Re: property search
Hi Wanda,
I did a search and there is not any available commercial property 8-9 acres in size within 5
miles of Dellwood. Sorry I couldn't help you
Thanks,
Kim Teague
Sent from my Pad
On Jul 23, 2014, at 8:06 PM, Wanda Austin <wanda austm72 0)yahoo com> wrote.
Good evening. I am preparing a permit for a commercial property
located in Dellwood atthe intersection of Dellwood Road and Russ
Ave. As part of the permit process, I need to do a comparison of
available commercial property within 5 miles of Dellwood that is
8 -9 acres in size. Can you provide me with a list of available
commercial properties?
Wanda Austin

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Harmon Graham Properties, LLC
49 Cupp Lane, Waynesville, NC 28786
Letter of Intent
July 30, 2014
Dear Mr Brown,
(828) 452 -0545 (phone)
(828) 452 -0548 (fax)
Please find enclosed (Option to Purchase and a Contract to Sell) with Pirmacle Properties One,
LLC and Harmon Graham Properties, LLC. This property, 9+ acres, is to be used as a small
Walmart
This information is private and is not to be disclosed.
If possible, please send a copy of the letter that you intend to send to the adjacent property
owners for comment to us for our information at the above address
If you need additional information, feel free to contact me.
Sincerely,
9-L—Nia
John C. Harmon
For Harmon Graham Properties, LLC
Attachments

FIRST AMENDEMENT TO OPTION TO PURCHASE
(AND CONTRACT TO SELL)
This First Amendment to Option to Purchase and Contract to Sell ( "Pint Amendment') is made and
entered into the day of May, 2014, between, Harmon Graham Properties, LLC, hereinafter
referred to as SELLER, and Pinnacle Properties One, LLC, a North Carolina limited liability
company, hereinafter referred to as BUYER.
WHEREAS, Seller and Buyer have previously entered into an Option to Purchaw and
Contract to Sell ("Original Option ") dated January 27, 2014, for approximately 9.076 +/- acres
located generally at Jule Noland Drive and being identified in the Haywood County Tax Assessor's
Otliee as paroel 8616 -49 -2446, as generally shown on "EXHIBIT A' to the Original Option, and
WHEREAS, Seller and Buyer desire to amend the terms of the Original Option as stated
below.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) non-
refundable payment to Seller (the "Deposit"), and other good and mutually valuable consideration,
Seller and Buyer agree as follows:
1. Initial Option Term. The Initial Option Term is amended to expire November 30, 2014.
Buyer's extension rights in Article 9 of the Original Option remain in effect.
2. Right of First Rt sal. Buyer acknowledges that Seller's brokers will continue to market
the property during the term of the option. During the initial Option Term (as amended}, In the event
a third party investor makes an acceptable written offer to Seller to purchase the entire 9.076 +/-
acres, Seller shall give notice to Buyer thereof, together with a copy of the offer, and Buyer shall
have Ten (l 0) full busirum days to advise Seller either (i) that Buyer will accept the terms ofthe new
offer and proceed thereunder or (ii) that Buyer terminates its Option To Purchase.
3. Original Option. Other that the amended terms stated above, the terms of the Original
Option (and definitions therein) remain unchanged and the undersigned parties ratify those terms.

IN WITNESS WHEREOF, the Seller and Buyer have hereunto set their hand and seal the day and
year first above written.
SELLER:
Harmon Graham Properties, LLC
L)
Sid Baker
Officer
BAYER:
Pinnacle Properties One, LLC
(SEAL)
Martin D. Loon
Manager

1\ fi
VA
fc"
OPTION TO PURCHASE
(AND ONTRACT TO S
This ti Purchase and Contract to Sell is made and entered the ofJ 2
Op aarrary, 013,
between g,
hereinafter referred to as SELLER, and Pinnacle Properties One, LLC, a North Carolina limited P-
liability company, hereinafter referred to as BUYER.
WITNESSETH, that the Seller, for and in consideration of the sum of Ten Dollars ($10.00)
non - refundable payment to Seller (the "Deposit "), and other good and mutually valuable
consideration does hereby give and grant unto the Buyer, his heirs, assigns, or rives, the
exclusive right and option to purchase all ofthat certain plot(s), piece, or panx i of land togetherwith
all improvements located thereon in or near the City of Waynesville, County of Haywood, State of
North Carolina, being known as and more particularly degcniaas ollows:
Total of approximately 9.076+1- acres located ats� Jullee Noland oland Drive and being identified in the
Haywood County Tax Assessor's Office as parcel pin#: 861649 -2446, as generally shown on
attached "EXHIBIT A ".
The terms and conditions of this option are as follows:
Prloe. The total purchase price shall be One Million Three Hundred Thousand Dollars
($1,300,000 00) payable as follows:
a. Twenty-Five Thousand Dollars ($25, 000.00) as ReSmdablellamestMoneyDeposit,
delivered to McElwee Firm, PLLC, North Wilkesboro, NC, as Earow Agent, to be applied to the
purchase price at closing or delivered in accordance with the provisions of Section 9, or as otherwrse
provided in this instrument. Unless Buyer terminates this Option to Purchase and Contract to Sell
prior to the end of the initial term of this option, such Refundablo Earnest Money Deposit shall
become nonrefundable not later than one hundred twenty (120) days from the date of last execution
of this Option to Purchase and Contract to Sell and will be paid to Seller from Escrow widen seven
(7) calendar days of such Refundable Earnest Money Deposit becoming nonrefimdable.
b. One Million Two Hundred Seventy -Five Thousand Dollars ($1,275,000.00), the
balance of the purchase price in cash or immediately available funds at closing.
2. Term of Option. This option shall be for a period of One Hundred Twenty(120) days from
the last execution of this option ("Initial Option Period") subject to the time extensions contained
herein.
3. Exercise. At any time during the option period, Buyer may exercise this option by hand
delivery, electronic mail, United States Mail, or overnight carrier to Seller at 1hre following address:

Buyer: Steer:
Martin D. Koon . .per gpA H tAQ��trn per, 6t
Pinnacle Properties One, LLC
P.O. Box 843 4 cuo ( ;, &r
Wilkesboro, N.C. 28697 W , r; t,t nom' 24781,
(3367 667 -8000 x -13 --{ 8 } 929.5"7 (c)r s tin
fik-
[phone] cell � l'
0 (f)'., 9 1 • za -
J4o
martykoonQvpdevelopment.com 87$ - yrs. 'bro (e)
4. Contract Upon Exercise. Upon exercise, the tams of purchase and sale shall be set forth
herein including any exhibits hereto, all of which are incorporated herein by reference.
5. Application of Option Money /Sole Remedy. The consideration paid for this option, or any
extension thereof, shall be applied to the purchase price as per paragraph 9.a, if this option is
exercised and the transaction contemplated is closed. If Buyer should breach any of the material
covenants contained in this Agreement, Seller shall retain the Earnest Money as liquidated damages
occasioned by such breach, such amounts having been agreed to by the parties as a good faith
estimate of Seller's actual damages, as Seller's sole and exclusive remedy.
6. Confidential Nature. Seller agrees to hold any and all information shared with Seller by
Buyer in absolute and total confidence.
7. Brokers. Buyer and Seller warrant that Seller shall be responsible for the brokerage
commission payable to Remax Mountain Realty ("Seller's Broker") per a separate agreement
between Seller and Seller's Broker, which commission will be shared evenly with Linville Team
Partners ("Buyer's Broker"). Pursuant to North Carolina real estate licensure law, Ben Bloodworth
and Dan Bill, NC licensed real estate brokers, hold a minority ownership interest in the Buyer and
such ownership interest therefore makes Ben Bloodworth and Dan Hill principals to this transaction
Seller and Buyer represent each to the other that no brokerage commissions are or shall be due as a
result of the sale of the Property to Buyer except the commission referenced above. Each of Seller
and Buyer agrees to indemnify, defend and save harmless the other party from and against any cost
and expense (including reasonable attorneys' fees) incurred by the indemnified party as a result of
the untruth of the foregoing representation by the indemnifying patty.
S. Entire Agreement. This Agreement constitutes the entire agreement among all parties
hereto and may not be amended or modified except in writing and signed by all parties.
9. Other Conditions.
a. I& during the initial term of this Contract, the Buyer, in its sole discretion, determines that the
property is not suitable for its development purposes, the Buyer shall deliver to the Seller written
notification that the Buyer is terminating this Contract. Upon receipt of proof of delivery of such
notification to the Seller within the time permitted, the Escrow Agent shall return the Refundable
Earnest Money Deposit to the Buyer without the necessity offuRher action or approval by the Seller.
KBuyer does not terminate the Agreement during the Initial Option Period, the initial $25,000.00
w4a

Deposit shall be released to Seller, and shall be non - refundable (but applicable) except in the event
of Seller default.
b Following the Initial Option Period, the Contract maybe extended at Buyer's discretion upon
the following terms.
Three (3) separate extensions for which the Buyer shall pay to Seller the following non-
refundable (but applicable) deposits for each extension;
Five Thousand Dollars ($5,000.00) non - refundable (but applicable) deposit
for the first extension period of Sixty (60) days.
2. Five Thousand Dollars ($5,000,00) non - refundable (but applicable) deposit
for the second extension period of Sixty (60) days.
3. Three Thousand Dollars ($3,000.00) non - refundable (but applicable) deposit
for the third extension period of Thirty (30) days.
c. Seiler acknowledges that development permits may be required from various governing
authorities such as Army Corp. of Engineers, Federal Emergency Management Agency (FEMA),
Environmental Protection Agency (EPA), and Stater City /County permitting agencies, including
highway access authority. Additionally, in the event Buyer: experiences difficulties in obtaining all
developmentpermits, or zoning compliance, or driveway eonnectionpwmits, or should unforeseen
difficulties arise at no fault of Buyer, Seller may grant a reasonable time extenvon forresolation, not
to exceed one (1) month, at no additional cost to Buyer. If Seller refuses to grant Buyer such an
extension, Buyer shall be permitted to terminate this Agreement by delivery of written notice to
Sellerprior to the expiration of any properly exercised extension period, and receive the return of any
and all deposits made for extensions pursuant to this subsection (b).
d. Seller shall be responsible for delivery of clear and marketable title to the property and
conveyance bygeneral or corporate warranty deed frce of sny and all liens, encumbrances, tenancies,
water shed restrictions, covenants or casements, or other restrictions. If any liens, encumbrances,
tenancies, water shed restrictions, covenants, or easements, or other restrictions exist on the subject
property, Seller shall provide copies of said instruments to Buyer within 15 days following execution
of this agreement for Buyer's approval. Seller shall provide copies of existing title opinions and title
insurance policies in its possession, if any, within the same 15-day period
e. Seller has no knowledge of any adverse environmental conditions including but not limited to
the existence of hazardous substances, waste or petroleum products which would impact the ability
of Buyer to utilize the property within current local, state and federal regulations, laws and
guidelines Should test reveal environmental contamination to the subject property, Buyer shall be,
entitled to (a) a reasonable time extension, at no additional cost to Buyer, of this agreement allowing
ample time to solve the environmental problem(s), not to exceed two (2) months or (b) terminate this
contract and receive a refund of all earnest money deposited pursuant to this agreement.
gf� 4

C Buyer shall be responsible for any necessary final survey work to close this transaction and
Seller, if available, shall promptly fiunish any copies of any boundary survey, topographical survey,
past deeds, environmental audits or reports, of any nature, which are in Seller's or Seller's
consultants possession. The foregoing, and any other due diligence items delivered by Seller are
delivered to Buyer for informational purposes only, and Seller makes no representations or
warranties of any kind regarding these materials, except as expressly set forth in this Agreement.
g. Seller represents that public water and sewer are available generally at the property lines.
h. Buyer shall have the tight to enter onto the property for the purpose of surveying, soil testing,
placing signs, environmental testing, etc. Buyer shall indemnify, defend and hold Seller harmless
from and against any claims, damages or liability (including reasonable attorneys' fees), and shall
repair any damage to the Property, resulting from or relating to Buyer's exercise of its right of entry.
This indemnity shall survive the termination ofthis Agreement. Upon termination oftbis Agreement
for any reason prior to closing, the due diligence items delivered to Buyer in accordance with this
Agreement, and copies of all due diligence materials generated by or on behalf of Buyer, shall be
returned to Seller.
r. Closing to occur at any time after exercise of option, such time to be set by Buyer, in Buyer's
sole discretion, upon fifteen (1 S) days written notice to Seller, but closing must occur within thirty
(30) days after exercise. Seller shall be responsible for the cost of p mparation of its deed, and the
payment of the revenue stamps on the deed. Buyer" be responsible for all other recording costs
and taxes not covered in the foregoing sentence, and the cost oftitle examination, the title insurance
premium, the survey, and all other due diligence investigations. The parties will each be responsible
for all of their other closing costs, including their respective attorneys, fees. City and/or County ad
valorem taxes on the Property for the year in which the closing occurs shall be pronsted to the closing
date and Buyer shall assume the responsibility of paying those taxes when the tax bill is submitted.
J. This Agreement maybe executed in multiple counterparts with an executed counterpart being
retained by Buyer and Seller.
k. This Agreement has been made and entered into under the laws of the State of North
Carolina, and those laws shall control the interpretation of this Agreement.
[Remainder ojpage tntenhonally lei? blank SYgnature pages follow J
s�v NI\

IN WITNESS WHEREOF, the Seller and Buyer have hereunto set their hand and seal, or if
corporate, has caused this instrument to be signed in their corporate name by its duly authorized
officers and their seal to be hereunto affixed by authority of their Board of Directors, the day and
year first above written.
SELLER:
HAlG1►+1ot�
(SEAL)
Mine: r A
Title• • 0 F F tGF-2.
BUYER:
Pinnacle Properties One, LLC
(SEAL)
Martin D. Koon
Manager

PWMMMNFMTAXLMM
1111 1111
2014000355
HAYWOOD CO, NC FEE 826 00
NO TAXABLE CONSIDERATION
raEMUDIRMP ED
01 -16 -2014 02.14 37 PM
�OrC ns
e C W=f
.t i '�•t`ro•' r t ')! fitTV TAX C13RTWICAMN 6K: R9 M
PG: 18111-1818
d�.ca� 6 % tea
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i •� c +1tnnt Tax Collwor
,
l� NORM CAROLINA GFJWAA% WARRAWff DEW
Parcel IdalOff Vailled by Cmt q oa da-- day of � 20
KERSTEN & DAVIS. P.A.,, 9S DEPOT MW, WAYNBSVIIJF, NC 28786
71a instrument wan p tepared by, KMT EN tit DAVIS P.A., 93 DEPOT ST (PO BOX 1260) WAYNESVII. A NC 28786
Brief de cripdon for do Index -_
TMS DEED made this —L%—___._. day of T$t� _ 20K by mad between
GRANTOR — HamwnGmhwaPmW
Southland Contnarnity Development 2511 Midland Road
Corporstion Shelbyvilte,7N 37169
240 Danbury Lento
Atlaata,OA30327
Enter in appmprime block for each Grantor and (faunae; name, mailing address, ad. if appmprlate, character of any, a.g.
CCraorationar Parmc v.
71e dedgoation Ora for and Grantee as used halo sMU Include said patdes, ftir heirs. successors, and asdSw, and shall include
singular, plaral, rnswulirm. fardaine, or neater as tequued by coatm
WITNF,SSBfH, d attlte Oraawr. font valuabieeousideration paidbydhe Greater. Bte raoeiptofwhichIs baehyactowwlcdged, has and
by there pnwnb does grant, bargahu, sell and convey auto the (3romtea to tee ttiutple, all thud castaln lot orparcel of lead situated M flw
Cityof WcmuM ToWAdp, County NorthCaraTma
and mane particularly described as follows-
SEE EXHIBIT W ATTACKED HHREM AND INCORPORATED HEREM BY RMMtM4CE.
NO TmE EXAMINATION RENDERED BY PREPARER
The property beremabove desaibod was acquired by Grantor by iw*uumttt recorded m Book - 783 page 2205
All or a portion of the property herein conveyed _ includes as 2, does not include the primacy reddeaee of a Grantor.
A map dwMag the above described property is recorded in Plat Book page
NC Bu ArtndWm Fina Nn 3 0 1976. RcWW 6 IILMI0
Pimtted by AVWMC t tt M am NC Bat Anaddlm

InstteuwAntp 20140003SS Sock 860 raga 1817
TO HAVE AND TO HOLD the aformul fat ou paled of fend and all privi egea and appurtenanoes thereto beloagit+g to the Gramm fa
fee dam•
And the Orantorcovecants wiib dto Grantae, that Granw is wizod of Ste pr"ho in tax simple, has the rightto convey the satoe in fee
simple, the tide is mister" and fret and elect of all cacumbamm and *A GnsoW wM warrant and Mad d tiro title agaimt the
lawfid calms of all pasoaa whortuoever, other than the fdbwing a aVdatw
IN WITNWS WHERBOK do Grantor has d* executed the foregoing as of the day and year fuel above written.
Southhnd Cottmtnhy DeMopmatt Gtr Mtjon (SRwt
By: � N PrtaVlype Name.
Matt ypoNatssaft7Ytk: V&ili.,DaaAhLtxv ; Ill, Vke, Pres. p Now-, (c�.wri
taRype
BY.
Pristf ype Name & TSt - Print /Type Name
Br
Printlfype Name
State of - County or City of
i. the undetsiped Notary PuMsc of the Coemty or City of NO State afbmsatd, certify that
adurowkdged the due execution of the foregoing Lmtrumnt for the ° °d bett>heam t lstlayaM
seal ttia dayof �_ �°�°d' WitaossttryhmadaadNotariabatampa
MY cawd"I t NOU" Pow
(Affix Se+f) Notary's Printed or Typed Nave
State of North CarojN - Cotmty o of Haoavood
1. the NDW Uc of the Cosndy'et aW of f3avwaW sad State aforesaid, certify rivet 11 Personally came before me this day a W acbwwlodpd that _)w b We
Vice Pfft of Swfid d Conw=ity Davelofa MA - a No& Cauoh m or
Omporatimlig" OdAft eonVMY *ftual PauSaastaipNmited pmmetsi ip (strilm through the innppRcabk), and that by authority
dilly ghco and a die act of such eattly. the a8 bistrunzat in its same its boheff as its act and deed. Witness
my hand and Notarial maw or seal. dtts y of
Mary ]a aAtfard
Ncbry Public My Coaortd�asfvn saes' ic dtson Cwmty, NC NotaryPubrac
(AMY Seal) hay Commission Notary's Primed or Typed Name
State of - County at City of
1.the uodetsigmed Notary public of ft County or City of turd State afotessid,a:tdydmt
Witness my hand sod Notarial amp p or wA this day of 20
MY Corti ExPkes: _
(AM x Soa l)
NC Br Aanadsbm Fhrm Nn 3 O 1476, neviiad O UlM b
Yafamd by Agre awtahb 60 NC Br Aaw dlAw
Notary Public
Notary's Printed of Typed NAM

Inst•+ment# 2016000355 Book 960 Page 1919
EXHIBIT "A"
BE1N0 Tract "A ",containing 9.832 acres, according to aplat ofsiuvey titled "Survey Forli* Great
Laurels of Lake Junalus&' by L. Kevin Ensley, P.L.S., dated December 15, 2005, drawing no. B-
014-95, recorded in Plat Cabinet C, Slot 4325, Haywood County Registry.
TOGETHER Wild and SUBJECT TO the perpetual right of ingress, egress and regress and the
easement for all utility services, within the fights of way for the private streets shown on the
aforesaid plat of survey.
TOGETHER WITH, INCLUDING and SUBJECT TO that 45 foot right of way across Tract "F"
as set forth on that survey recorded in Plat Cabinet "C", Slot 4325, Haywood County Registry.
Souddand- Harmon
12- 191.86 ph

KOPH Or1 7-80W
PO BOX SQ
wHJCEG9OR0. HC 29W
RAY TO THE
ORDER OF_
MEMO 4'mb -W ILYAWJlW: tle
KOOK FAMILY LLC
1
KOON FAMILY LLC
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RE: EM deposit from Koon Family, LLC 11,44 �i 6
RE: EM deposit from Koon Family, LLC t
` �� = t
From- Sharon Bunker (�
Sent: Tue, Jan 28, 2014 at 2:02 pm
To. dstephenson @remax- waynesvdlenc.com
I have the check and I will deposit today
Sharon N Bunker, Accounting
McElwee Firm, PLLC
906 Main Street
North Wilkesboro NC 28659
336 -838 -1111
From: dstephenson @remax- waynesvillenc.com [mailto.dstephenson @remax- waynesvdienc.com]
Sent: Tuesday, January 28, 2014 1:48 PM
To: Sharon Bunker
Subject: EM deposit from Koon Family, LLC
Page 1 of 1
Sharon - please acknowledge that the attached check has been deposited in the attorney
account This is an Option to purchase between Pinnacle Properties One, LLC and
Harmon Graham Properties, LLC.. ...Thanks,
Don Stephenson
Broker /REALTOR
RE /MAX Mountain Realty
2177 Russ Avenue
Waynesville NC 28786
828.664.9366 - o
828.421.1260 - c
828.564.4018 - f
https://apps.rackspace.com/versions/webmail/I 1.0.2-RC/popup.php?wsid=5 fOd56... 1/29/2014