20140843 Ver 1_Public Notice_20140902

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MPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: August 29, 2014
Comment Deadline: September 29, 2014
Corps Action ID Number: SAW- 2013 -02365
The Wilmington District, Corps of Engineers (Corps) received an application from Mr. John Harmon
of Harmon Graham Properties, LLC, seeking Department of the Army authorization to impact 1.2
acres of jurisdictional wetlands, associated with development of the property at the northeast corner of
Jule Noland Drive and Russ Avenue (U.S. Highway 276) for construction of a grocery store and
additional commercial /retail space in Waynesville, Haywood County, North Carolina.
Specific plans and location information are described below and shown on the attached plans. This
Public Notice and all attached plans are also available on the Wilmington District Web Site at
http: / /www.saw.usace.anny.miI /Missions /ReguIatoryPennitPropram.aspx
Applicant:
AGENT (if applicable):
Authority
Mr. John Harmon
Harmon Graham Properties, LLC
P.O. Box 180
Waynesville, North Carolina 28786
Ms. Wanda Austin
Wanda H. Austin, PE Engineering
45 Homespun Road
Sylva, North Carolina 28779
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c �aR - VI►�r?FUi QUALIN
StMnwYB�! 8(8flCF1
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the
proposed work pursuant to applicable procedures of the following Statutory Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.
1413)
Location
Directions to Site: From Great Smoky Mountain Expressway (U.S. Highway 74), take exit 103 onto
Dellwood Road (U.S. Highway 19) toward Maggie Valley. Continue 1.1 miles and turn left onto Russ
Avenue (U.S. Highway 276). Go 0.2 miles and turn left onto Jule Noland Drive. Property is on the left.

Project Area (acres): 6.7
Nearest Waterway: Mauney Cove Branch
and Factory Branch
Latitude and Longitude: 35.524121N, 82.98576W
Existing Site Conditions
Nearest Town: Waynesville
River Basin: Pigeon (06010106)
The site is undeveloped, open land in a small community urban setting with the surrounding area being
mostly developed.commerical and residentail properties with some undeveloped tracts. The property
contains 3.28 acres of wetlands, with Mauney Cove�Branch along the west boundary and Factory
Branch near the north boudary. Two large roads adjoin the property, Russ Avenue (U.S. Highway
276) to the west and Dellwood Road (U.S. Highway 19) to the north. Clearing and grading of a
portion of the property has occurred along Jule Noland Drive during Phase I of this project. This phase
of the project did not impact waters of the U.S. and did not require Department of Army authorization.
Applicant's Stated Purpose
The pupose of the project is to provide 5.0 acres of suitable commerical property to build a 40,000
square foot-neighborhood grocery store and assoicated required parking with development of an
additional 0.7 acre commerical /retail tract.
Project Description
Clearing and grading of a portion of the property has occurred along Jule Noland Drive during Phase I
of this project. This phase of the project did not impact waters of the U.S. and did not require
Department of Army authorization.
Phase II of the project'will clear and grade the property which includes discharging an estimated
15,500 cubic yards of fill into 1.2 acres of wetland in order to provide suitable acreage for a 40,000
square foot neighborhood grocery,store, 200 required parking spaces,,and development of an
additional 0.7 acre commerical /retail tract. A grocery retailer has committed to building on this site
contingent the suitable minimum acreage can be provided for construction.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or - minimize
impacts to the aquatic environment: The project included consideration of several alternatives for
avoidance and minimization of the impacts to the jurisdictional wetlands located on the,property. The
total acreage of the property is 9.0 acres, which includes 1.5 acres, restricted by a greenway easement,
sewer easement, and stream buffer. Another 0.8 acres is restricted by other utility easements and road
right -of -way along Jule Noland Drive. The remaining 6.7 acres includes 3.3 acres of jurisdictional
wetlands and 3.4 acres of non jurisdictional uplands.
One alternative is to clear and grade the entire 6.7 acres including filling all the wetlands. This
alternative would utilize 100% of the available land and impact, 1,00% of the wetlands. This provides
more acreage than what would be needed to construct the proposed grocery retail space.
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Another alternative only clears and grades the upland portions of the property with no impact to
wetlands. This alternative does not yield enough acreage needed to construct the proposed grocery
retail space.
Consideration was given of other available commercial zoned properties of equivalent size within a 5-
mile radius of the property which would be close to major roads with good access to a road. Review of
these properties determined them to be unsuitable due to lack of good access to a road, increased trip
length for the targeted area of service (Waynesville- Maggie Valley- Jonathan Creek community -Lake
Junaluska), or within in the limits of an,established residential development.
The proposed alternative maximizes the acreage of the upland portions,of the property and fills 1.2
acres of-wetlands. This provides the ,suitable acreage needed for the grocery retail space and required
parking, impacting 37% of the jurisdictional wetlands and utilizes 75% of the available land.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss
to the aquatic environment: The applicant has stated that upon completion and implementation of
practical avoidance and minimization efforts, the total impacts to jurisdictional wetlands will be
mitigated by payment to the NC Ecosystem Enhancement Program at a yet to be seticompensatory
mitigation ratio.
Essential Fish Habitat
Pursuant,to the Magnuson- Stevens Fishery Conservation �arid Management Act, this Public Notice
initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps' initial determination
is that theyroposed project would not effect EFH or associated fisheries managed bythe South
Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part
325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer
consulted district files and records and the latest published version of the National Register of Historic'
Places and initially determines, that:
❑ Should historic °properties, or properties eligible for inclusion in the National Register, be
present within the ,Corps' permit area; the proposed activity, requiring the DA permit,(the
undertaking) is a type of activity that will have no potential to cause an effect to an historic
properties.
® No historic properties, nor properties eligible for inclusion in the National Register, are present
within the Corps' permit area; therefore, there will be no historic properties affected. The Corps
subsequently requests concurrence from the SHPO (or THPO).
3

❑ Properties ineligible for inclusion in the National Register are present within the Corps' permit
area; there will be no historic properties affected by the proposed work. The Corps
subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National' Register, are present
within the Corps' permit area; however, the undertaking will have no adverse effect on these
historic properties. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are present
within the Corps' permit area; moreover, the undertaking may have an adverse effect on these
historic properties. The Corps subsequently initiates consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally surveyed for
the presence of cultural resources. No sites eligible for inclusion in the National Register of
Historic Places are known to be present in the vicinity of the proposed work. Additional work
may be necessary" to identify and assess any historic or'prehistoric resources that may be
present.
The District Engineer's final eligibility and effect determination will be based upon coordination with
the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed
undertaking's potential direct and indirect effects on historic properties within the Corps - indentified
permit area.
,Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps, reviewed the project.area, examined all
information provided by the applicant and consulted the latest North Carolina Natural.Heritage
Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed endangered or
threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affect federally listed endangered or
threatened ,species or their formally designated critical habitat. The Corps initiates
consultation under Section 7 of the ESA and will not make a permit decision until the
consultation process is complete.
® The Corps is not aware of the presence of species fisted as threatened or endangered or their
critical habitat formally designated pursuant to the Endangered Species Act of 1973 ('ESA)
within the project area. The Corps will make a _final determination on the effects of the
proposed project upon additional review of the project and completion of any necessary
biological assessment and/or consultation with the U.S. Fish and Wildlife Service and/or
National Marine Fisheries Service.
4

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Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources ( NCDWR): The Corps will generally not make a final
permit decision until the NCDWR issues, denies, or waives the state Certification as required by
Section 401 of the Clean Water Act (PL 92 -500). The receipt of the application and this public notice,
combined with the appropriate application fee, at the NCDWR Central Office in Raleigh constitute&
initial receipt,of an application for a 401 Certification. A waiver will be deemed to occur if the
NCDWR fails to act on this request for certification within sixty days of receipt of a complete
application. Additional information regarding °the 401 Certification may be reviewed at the NCDWR
Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina
27604 -2260. All persons desiring to make comments regarding the application for a 401 Certification
should do so, in writing, by September 29, 2014 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699 -1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies with and would be
conducted in a manner that is consistent with the, approved North Carolina Coastal Zone Management
Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps cannot issue a Department of Army (DA) permit
for the proposed work until the applicant submits such a certification to the Corps and the NCDCM,
and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. As the
application did not include the consistency certification, the Corps will request, upon receipt„
concurrence or objection from the NCDCM.
® Based upon all available information, the Corps determines that this application for a Department
of Army (DA) permit does not involve an activity which would affect the coastal zone, which is
defined by the Coastal Zone Management (CZM) Act (16 U.S.C. '§ 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts ofthe proposed activity on the public interest. That decision will reflect
the national concern for both protection and utilization of important resources. The benefit which
reasonably may be expected to accrue from the proposal,must be balanced against its reasonably
foreseeable detriments. All factors which may be relevant to the proposal will be considered including
the cumulative effects thereof; among those are conservation, economics, aesthetics, general

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environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood
plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and
accretion, recreation, water,supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general, the needs and
welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the
United States, the evaluation of the impact of the activity on the public interest will include application
of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and
officials, including any consolidated State Viewpoint or written position of the Governor; Indian
Tribes,and other interested parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers to determine whether to
issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used
to assess impacts on endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are'used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the
National Environmental Policy Act (NEPA). Comments are also used to determine the need for a
public hearing and to determine the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a public
hearing be held to consider the application. Requests for public hearings shall state, with particularity,
the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the
District Engineer determines that the issues raised are insubstantial or there is otherwise no valid
interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed
work, as outlined above, until 5pm, September 29, 2014. Comments should be submitted to
Mr. David Brown, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801 -5006, at (828) 271 -7980, ext 232.
l:

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Brown, David W SAW
From: Wanda Austin [wandajoyceaustin @gmail corn]
Sent: Wednesday, August 13, 2014 5 43 PM
To: Brown, David W SAW, Brent Pack
Subject: Re [EXTERNAL] SAW 201'3- 002365 (UNCLASSIFIED)
Good evening. I have mailed the plan sheets in an 11x17 size and a location map to you
today. The information requested for Item 26 is below:
Additional Information
Item 26:
Active Permits:
August 12, 2014
NCDENR -Land Disturbing Erosion Control Permit HAYWO- 2014 -005 Approved 3 -27 -2014.
Future Anticipated Permits:
* NCDENR -Land Disturbing Erosion Control Permit for phase 2 will be submitted once the IP
is approved. I spoke with Kristin Hicklin on August 5, 2014 about the permit requirements.
* Town of Waynesville -Mr. Fred Baker advised a storm water permit and a certificate of
compliance and development would be required once the proposed grocery marketplace is ready
to build. The certificate of compliance and development will include the driveway access and
building permit.
The current zoning of the property is Dellwood /Junaluska Regional Center Commercial. This
zoning is appropriate for the type of development proposed. The property is not within a
flood zone; therefore, no flood related permits will be necessary. No other permits are
anticipated.
I could not find a JD in my files. Therefore, please use the JD you have on file,dated
February 27, 2014 to fulfill the requirements of item #4.
Please do not hesitate to contact me with any additional questions.
Wanda H. Austin
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U.S. Army Corps of Engineers i 3- � - I y
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801 -5006
Action ID: SAW 2013 - 002365 County: Haywood
Incomplete Application Notification
Applicant: Harmon Graham Properties, LLC, Authorized Agent: Wanda H. Austin, PE
Attn.: John Harmon Engineering
Address: P.O. Box 180, Waynesville, NC 28786 Address: 45 Homespun Road, Sylva, NC 28779
Telephone Number: 828 - 452 -0545 Telephone Number: 828 - 342 -5079
Email: Email: wandajoyceaustin @gmail.com
Location/Description of Proposed Activity: As noted in the application, the purpose is to provide 5.0
acres of suitable commercial property for a retail grocery store. The project proposes to place fill in 1.2
acres of jurisdictional wetlands. The project is located on a 9.07 acre tract of land (parcel ID 8616 -49-
2446) at the northeast corner of Jule Noland Drive and Russ Avenue (U.S. Highway 276), between Jule
Noland Drive and Dellwood Road (U.S. Highway 19) in Waynesville, Haywood County North Carolina.
Coordinates are 35.524121 N, 82.985876 W.
Type of Permit Applied For: IP (X) NWP ( ) GP ( )
Applicable law: Section 404 of the Clean Water Act ( X ); Section 10, Rivers and Harbor Act
YOUR APPLICATION IS INCOMPLETE AND CANNOT BE EVALUATED UNTIL THE
FOLLOWING INFORMATION IS RECEIVED:
X Your application form has not been completed and /or signed. (See below)
Your application did not include information describing measures you have implemented to avoid
and minimize losses of Waters of the United States.
• Your submitted project plans or maps were insufficient, too large, or not legible. (See below)
• Your application did not include a delineation of jurisdictional areas, including special aquatic sites
(wetlands, vegetated shallows, riffle and pool complexes, etc.) as required. (See below)
Your description of the project/proposed activities is not complete. The Corps cannot issue a public
notice for this project until we have sufficient information that will provide the public with a clear
understanding of the nature and magnitude of the proposed activity in order to generate meaningful
comment.
1. Item 26. List all certificates, permits, authorizations, etc. from Federal, State or local
agencies required/needed for this proposed project. This should include sediment and
erosion control; CWA 401; public road access; building; zoning; storm water; additional
land disturbance for Phase II; floodplain, etc.
2. Provide a project location/vicinity map for inclusion in the public notice.
3. Provide a figure noting jurisdictional areas with the limits of disturbance for all grading and
fill for the project clearly depicted.
4. The application did not include a delineation of jurisdictional areas. The Crops issued an
approved jurisdictional determination (JD) for this property on February 27, 2014. This JD
can be used for this project, unless the applicant objects.

U S ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB APPROVAL NO 0710 -0003
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 fading 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 USC 403, Clean Water Act, Section 404, 33 USC 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 Principal 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
7_0 ►3 -cz b�
C ZG -A
Co_�,'y 173
( - I 6Q
(ITEMS BELOW TO BE FILLED BY APPL/CAN7)
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 @gmarl.com
6 APPLICANT'S 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 lication
CLh 1 �I
-3 d
rs�, -
SIGNATURE OF APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY u
12 PROJECT NAME OR TITLE (see instructions)
Jule Noland Drive Phase H
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 State- NC Zip- 28786
16 OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID 8616 -49 -2446 Municipality Waynesville
Section - Township - Waynesville Range -
ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE Page 1 of 3

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 fill 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 -23 IF 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, Bgjangles 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? FX Yes E]No IF YES, DESCRIBE THE COMPLETED WORK
Phase I of the project 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 (rf 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, building, 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 accur e 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
, Q, 't � �(,t�.,,� 12, 1 y Wanda H. Austin, PE �a „
SIGNAJURE 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 impnsoned 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

2 1 P a g e
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 minimizing 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 major
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 a g e
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 43
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 Drive
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

4 1 P a g e
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 #4
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 #: I --
REPORT ON SAMPLES OF: I Borrow for Evaluation
PROJECT:
PO #6300032946 I COUNTY: Ha ood I Owner: I Project
DATE SAMPLED:
5.1.13 DATE RECEIVED: 1 5.6.13 DATE REPORTED: 15.9.13
SAMPLED FROM:
Pit I 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 %
1.0
Passing 410 Sieve %
97
Passing #40 Sieve % 1
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:
SOILS ENGINEER:
G:/Everyone... /M &T Forms/Regional Lab Statesville /Soils Test Report M &T 503E 8 -19 -2000
'rag
-
-
-
-
-
--
Remarks:
A- 174164
CC:
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: lCim Teague <rkteague1 cDatt net>
Date: July 23, 2014 at 8:39:53 PM EDT
To: Wanda Austin <wanda.austin72(cDyahoo 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 austin72(cDyahoo com> wrote:
Good evening. I am preparing a permitfor a commercial property
located in Del (wood at the intersection of Del I wood Road and Russ
Ave. As part of the permit process, I need to do a comparison of
available commercial property wi thi n 5 miles of Del I wood that i s
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 Pinnacle Propeities One,
LLC and Harmon Giaham Pioperties, LLC. This property, 9+ acres, is to be used as a small
Walmatt
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,
9L-M. -- "-
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 ( "First 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 Purchase 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 Talc Assessor's
Office as parcel 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 Refusal. 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 (10) full business days to advise Seller either (i) that Buyer will accept the teems 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 terns of the Original
Option (and definitions therein) remain unchanged and the undersigned parties ratify those terms.

IN WITNESS WHEREOF, the Seiler 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
BUYER:
Pinnacle Properties One, LLC
�? - (SEAL)
Martin D. Koon
Manager

OPTION TO PURCHASE
(AND CONTRACT TO
1444m u�.� S )
J s let s 1�'tnioet Ctrs, -.. 2-? `
This Optio Purchase and Contract to Sell is made and entered into they ofJanuary, 2013, 1�
between D'
hereinafter referred to as SELLER, and Pinnacle Properties One, LLC, a North Carolina limited l�{
liability company, hereinafter referred to as BUYER.
WITNESSETH, that the Seller, for and in consideration ofthe 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 representatives, the
exclusive right and option to purchase all ofthat certain plot(s), piece, or parcel ofand together with
all improvements located thereon in or near the City of Waynesville, County of Haywood, State of
North Carolina, being known as and more particularly dqcribed ✓follows:
Total of approximately 9.07641- acres located at4q+Jule Noland Drive and being identified in the
Haywood County Tax Assessor's Office as parcel pin#: 8616 -49 -2446, as generally shown on
attached "EXH031T A ".
The terms and conditions of this option are as follows:
1. Price, 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 RefundableEamest Money Deposit
delivered to McElwee Firm, PLLC, North Wilkesboro, NC, as Escrow Agent, to be applied to the
purchase price at closing or delivered in accordance with the provisions of Section 9, oras otherwise
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 Refundable Earnest Money Deposit shall
become nonrefimdabie 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 within seven
(7) calendar days of such Refundable Earnest Money Deposit becoming nonrefundable.
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'I 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 the following address:
� t�7 )X

Buyer: Seller:
Martin D. Koon �i�rQninnlAEktrn jlF+4�)b3, It i
Pinnacle Properties One, L C
P.O. Box 843 bwy Egme
Wilkesboro, N.C. 28697
6! a.t I-Id Z t,
(336) 667 -8000 x -13 (4" 929 55 gos toll (336) 984 -0516 cell (#" 223-56". P — 7z:.
[e-mail] 9128. 11'r2 -brys to)
4. Contract Upon Exercise. Upon exercise, the terms 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 considerationpaid forthis 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 patties 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 Hill, NC licensed real estate brokers, hold a minority ownership interest in the Buyer and
such ownership interest therefore makes Ben Bloodworth and Dan Oiillprincipals 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.
8. 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. If, 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 time Buyer without the necessity of further action or approval by the Seller.
If Buyer does not terminate the Agreement during the initial Option Period, the initial $25,000.00
Y*

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 may be 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.
Three Thousand Dollars ($3,000.00) non - refundable (but applicable) deposit
for the third extension period of Thirty (30) days.
c. Seller 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 State/City /County permitting agencies, including
highway access authority. Additionally, in the event Buyer experiences difficulties in obtaining all
developmentpermits, or zoning compliance, or driveway connection permits, or should unforeseen
difficulties arise at no fault of Buyer, Seller may grant a reasonable time extension forresolution, 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
Seller prior to the expiration of any properly exercised extensionperiod, 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 by general or corporate warranty deed free of any and all liens, encumbrances, tenancies,
water shed restrictions, covenants or easements, 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 ofexisting 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 properly, 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.
stf� 4

f. Buyer shall be responsible for any necessary final survey work to close this transaction and
Seller, if available, shall promptly furnish 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 right 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 ofthis 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.
i. Closing to occur at any time after exercise ofoption, such time to be set by Buyer, in Buyer's
sole discretion, upon fifteen (1 5) days written notice to Seller, but olosing must occur within thirty
(30) days after exercise. Seller shall be responsible for the cost of preparation of its deed, and the
payment of the revenue stamps on the deed. Buyer shall 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 prorated to the closing
date and Buyer shall assume the responsibility ofpaying those taxes when the tax bill is submitted.
j. This Agreement may be 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 Worth
Carolina, and those laws shall control the interpretation ofthis Agreement.
[Remainder ofpage Intentionally left blank Signature,pages follow]
s� �

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.
SEDER:
#4A MW)O 9 9-AA1 A-k- -F-kX P,-r-tE5 ,t,,)C-
�� (SEAL)
Name: 9;iA ,�- aA
Title: _ _ . 0 6 F rG4-_�L-
BUYER:
Pinnacle Properties One, LLC
(SEAL)
Martin D. Koon
Manager

POMMMMFORTUUMA
X71 &/I f Ay A�
2014NO355
HAYWOOD CO, NC FEE $26 00
NO TAXABLE CONSIDERATION
"MR)iital RdCOR7ED
0 1- 113 -2014 02.14 37 PM
SHERRI C. ROGERS
xmwokcrmm
U 8WC MOOAf
I :Y ' r4'11 rr 1TV TAX r1312T[FICAT1ON 8K: R8 860
PG. 1816 -1818
� a Y
.. , :sv tl that n lien tp
-
i c t outu�j' lax Collwo!
NOPITH CAROLINA Gm "RAL wARi1;A,NTY DEED
Parcel Idenfiiier No. 19616- 49a2",k Vailied by County on tk— day of . 20
By: _
b4,lyBox to: KERST EN & DAVIS, PA, 95 DEPOTSTRET, WAYNESViLtE, NC 28786
This Instrument was prepared by: KERSTEN & DAVIS, PA, 93 DEPOTST {PO BOX 1260) WAYNESVIIM, NC 28786
Brief description for am lady:
THIS DEED axmde this _ _ day of . WK by and between
Southland Community Development
Corpotxrtion
240 Danbury Lim
Atlanta,0A30321
Harmon GtahamProGPat��C
2511 Midland Road
Shelbyville,TN 37160
Enter in appropriate block W each Grantor and Grantee, name, taming address, and, if appropriate, character of entity. e.g.
'of skip. _
The designation Oramtor and Grantee as used hemin sMU include said parties, their beita, successors, and assigns, and Shall include
singular, plural, nmst slime„ feminine or neuter u required by context.
1WITNFSSETH, that the Gtmmtor. for a valuable consideration pedd bythe Orwd e, the receipt otwhich is haeby ncknowladgod. bag and
by drew prewnts does get. bargain, sell and convey unto the Grantee in fee simple, all that caWn lot or parcel of land situated in the
City of_ way»ewiuc Townwq% County, North Carorm
and mom partieulady dtssenbed u follows:
SEE EXHIBIT aA" ATTACHED HEREE I D AND INCORPGRATED HEREIN BY REFERENCE.
NO THE EXAMINATION RENDERED BY PREPARER
The property haednabove described was wAWftd by Grantor by instrument recorded in Boole 783 pW _- 2285
Ali or a portion of the property herein conveyed — includes or 2L does rat include the primary redden a of a Grantor.
A trap showing the above described property is recorded in Plat Book page
NC Bar AtxdWn Pam W 3 O 1976. PxYI d 0 1/1/2010
Pd rad by Atm ment wkb tbo KC Bar Anoehtka

InstzammntO 2D%4000355 Sock 860 Page 1817
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all pfivitegca and appurtamecs dtereto belonging to the Grantea is
fee sirnple.
And tho Grantor covenants with the Greaten, that Gfudot is seized of the premises in fee simple, has the right to convey the same in fee
simple, that title is rmrketable and frex and clear of ell cacurubmam, and that Cramer will Warrant and defend the title against the
lawful elaiats of all Peraans whonbsoever, other tlwt the following emeptim:
IN WITNESS WHERWR the Orantor has duly cxcc%tted the foregoing as of the day and year first above wtittm.
-- — - SnuenlftW Cotomnmdty DevelopTEn CorpOwdtion rSHAt 1
By - -- —� City N } Print /lypeName:
613613
P&ar peNama dt Title, Vttpi1 L Dan },g�deryx ll Vice Pies Print /type Name;
By: SEAL 1
Penti ype Name & Titk Prmvrypo Name
$y (SEAL)
Pdnt/1'ypa Nana & rifle: Psint!lype Name:
State of - County or Ory of
1, the u gm*ned Nottry Public of the County or City of and State aforesaid, certify that
acknowledged the due execution of the fore of imtrwtnent for iht: lYe b WM or
g ng pxnrposr»s therein expressed. Witness ttry head andNotarial � or
SW thin dayof 20_
My won ExPl= Notary Public
(fix Sed) Notary's Printed or Typed None
State of North Carolina - County orety of HATnee
1, the � Notary D ;c of the County yr of Haywood and State aforesaid, certify that
personally ceurm before me this day and wknmkdpd that Jac is the
Vice Pros of Southland Community Developtnatt a North Carolina or
corpotatiordiim)ted lisbitity eompanyrgentral partnerAIPriitmted part -rx)Hp (strike d--9h the IDWHcabk), and that by authority
duty given and as the act of such amity. -1 stgaad the lug inshvment in its name its behalf as its net and deed. Witness
my hand and Notarial stamp or seal, ails ttiaT.• day of � 2t)
Mary Jo Alford
My COWD*aion �'"er -- etksOn County, NC Not'pobfic
(Afftz Sea)) My Cammisstoo Ares Notary's Printed or Typed Name
State of - County cc City of
1, the undersigned NotuyPublic of the County or Qty of and State afamaid om*dwt
Witness my hand and Notarial stamp or seat, this day of 20_.
My Co emit sioa Expires: Notmy Public
(Affix Scat} Notary's Printed or Typed Narita
tie>ag Aaweteoon n?arm tax 3 o t97ti, Rarieed o utnota
t�,ma by A�u�ttxlm tfa Nc aar AuocLtko

InstruawnO 2014000355 Book 860 PWjQ 1819
EXHIBIT "A"
BEING Tract "A", containing 9.832 acres, according to aplat of survey titled "Survey For The threat
Laurels of Lake Junaluska" by L. Kevin Ensley, P.L.S., dated December 15, 2005, drawing no. B-
014 -95, recorded in Plat Cabinet C. Sint 4325, Haywood County Registry.
TOGETHER WITH and SUBJECT TO the perpetual right of ingress, egress and regress and the
easement for all utility services, within the rights of way for the private streets shown on the
aforesaid plat of survey.
TOGETHER WITH, INCLUDING and SUBJECT TO that 45 That right of way aCmBS Tract "F"
as set forth on that survey recorded in flat Cabinet "C ", Slot 4325, Haywood County Registry.
Southland- Harmon
12- 171.86 ph

KOOK FAMILY LLC MAT 9081
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WRXES80RO, NC 28W 8611Z1b91
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'}.11!Si:. i�w[- �.�:t�'L�iQ`�'S ✓2ai^�.'S13":r5: ysz• ••. v.' S'. irY£ S% i` f:. 3TE +�*!I2i.•L`f'a1�1- M4:E]Ci��.:Ft AY.J..1:�=- n.<."fl, -.�. iii' :;:1- _t..•sN'- �X""Y'J��f• -�.?�t ryr }tr.Iw.1L -wttVrt� +elk,- lF- ��'k'..5'.'F1:'?. -�. a.,.:+rrl:- .fix..•.
KOOK FAMILY LLC 1 081
6 R17"AQMIMIAFLAIAS7 9)

RE: EM deposit from Koon Family, LLC ,II>4(4qf -I" Page 1 of 1
RE: EM deposit from Koon Family, LLC .y t
From: Sharon Bunker
Sent: Tue, Jan 28, 2014 at 2:02 pm
To: dstephenson @remax- waynesvdlenc.com
I have the check and 1 will deposit today.
Sharon N Bunker, Accounting
McElwee Firm, PLLC
906 Main Street
North Wilkesboro NC 28659
336- 838 -1111
From: dstephenson @remax- waynesvilienc.com [mailto: dstephenson @remax- waynesvdlenc.com]
Sent: Tuesday, January 28, 2014 1:48 PM
To: Sharon Bunker t
Subject: EM deposit from Koon Family, LLC
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
828.564.9366 - o
828.421.1260 - c
828.564.4018 - f
https: // apps. rackspace. com / versions/ webmail/ 11. 0.2- RC /popup.php?wsid= 5f0d56... 1/2912014

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mmo �AaM STORM WATER vm»«7+2 %R ,
: PROPER \a ±:
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§ )mNDM. _ =p( 2 ,