20190932 Ver 1_PCN Form Submission_20190712

DR
M*1M of wiser R"O.rc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20190932
1
Is a payment required for this project?*
!' No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Raleigh Regional Office - [phone] Stephanie Goss:eads\szgoss
Information for Initial Review
1a. Name of project:
The Peninsula at Hyco Lake
1a. Who is the Primary Contact?*
Gene Euchler
Ib. Primary Contact Email:*
[e-mail]
Date Submitted
7/12/2019
Nearest Body of Water
Cane Creek
Basin
Roanoke
Water Classification
C
Site Coordinates
Latitude:
36.509934
A. Processing Information
County (or Counties) where the project is located:
Person
Is this project a public transportation project?*
r Yes r No
Longitude:
-79.083377
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - E)press
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
f Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
The Peninsula at Hyco Lake DMS Acceptance Letter.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
306.92KB
O Yes r No
O Yes r No
2a. Name(s) on recorded deed:
East Coast Investors, LLC
2b. Deed book and page no.:
Deed book 1006, p. 428
2c. Responsible party:
Graham Allen, Manager
2d. Address
Street Address
3129 Springbank Lane
Address Line 2
Suite 200
city
State / Frovince / Region
Charlotte
NC
Fbstal / Zip Code
Country
28226
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History

1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Cunningham
2. Project Identification
2a. Property Identification Number:
9070-03-10-5402 & 9070-03-13-5472
2c. Project Address
Street Address
No address, N. of intersection of Zion Level Church Rd. (SR 1314) and Jeff Rd.
Address Line 2
City
Cunningham
Fbstal / Zip Cade
27343
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Cane Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Roanoke
3d. Please provide the 12 -digit HUC in which the project is located.
030101040507
4. Project Description and History
2b. Property size:
438
State / Province / Flegion
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project area, a peninsula on Hyco Lake, is currently forested in second growth pine and hardwood, interspersed with dirt roads and utility line rights-of-way. Surrounding land use is
primarily residential, agricultural, and forested.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Fig1_USGS.pdf 7.92MB
4e. Attach an 8 1/2X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Fig2_SoilSurvey.pdf 1.33MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.590
4g. List the total estimated linear feet of all existing streams on the property:
14,631
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a residential road network and 162 single-family residential lots.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Typical construction equipment will be used to clear, grade, and pave a road network and lay out residential lots. Equipment will include dump trucks, bulldozers, graders, backhoes,
and road paving machinery. Indirect impacts to streams and wetlands will be minimized through a dual phase erosion control plan - please refer to attached site plan for details on
erosion control measures.
4j. Please upload project drawings for the proposed project.
7666 -0001 -PENINSULA at HYCO LAKE.pdf 65.15MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*

O Preliminary O Approved 6 Not Verified O Unknown 4 WA
Corps AID Number:
SAW -2019-00953
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Cooper, Heather Smith, Jason Taschler
Agency/Consultant Company: VHB
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
Site visit by NCDWR (S. Goss, R. Trone) on 4/30/2019. NCDWR determination letter dated 5/9/2019. Site visit by USACE (R. Sullivan, J. Deal) on 6/5/2019. No PJD letter received to
date; effected at time of permitting.
5d1. Jurisdictional determination upload
NCDWRStreamDeterminationLetter_ThePeninsula.pdf 13.62MB
ad CrossingT
6. Future Project Plans
Headwater Forest
6a. Is this a phased project?*
r' Yes 6 No
0.005
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
m Wetlands j7 Streams -tributaries r Buffers
❑ Open Waters r-,

S6 Road Crossing Temporary Dewatering Stream E -SC Perennial Both 2 10
Average (feet) (linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
278
3i. Total stream and ditch impacts:
340
3i. Total temporary stream impacts:
62
3j. Comments:
Permanent stream impacts result from pipe placement for road crossings. Temporary impacts are required for placement of erosion control/dewatering
devices during construction.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The road network is designed to minimize the number of stream crossings to the extent practicable. Proposed stream impact No. 1 is unavoidable due
to the inability to improve/use the existing private Jeff Road crossing of Cane Creek (owners of the road have refused). Proposed stream impact No. 2
is unavoidable due to the location of the stream, which flows from the western property boundary southeast to the southern property boundary.
Proposed stream impact No. 3 crosses the stream with a single road instead of multiple driveway crossings. Proposed wetland impact No. 4 is
unavoidable due to the minimum lot size, lot configuration, and minimum road curvature radius required. This wetland impact has been minimized by
steepening fill slopes in the wetland vicinity.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Slopes in the vicinity of streams and wetlands have been steepened in order to avoid the footprint of the limits of disturbance.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
P DWR P Corps
2d. If yes, which mitigation option(s) will be used for this project?
r Mitigation bank fJ Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
278
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
DMS has accepted the request for ILF mitigation payment for 278 linear feet of permanent, perennial stream impact.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
f Yes r No
F. Stormwater Management and Diffuse Flow Plan (required by DWR) -
1. Diffuse Flow Plan
Ia. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
The project is located in the Roanoke River basin, which is not subject to NC Riparian Buffer Protection Rules.

2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
f Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r- Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The proposed project, in a rural setting, will primarily construct residences and "lake houses" around Hyco Lake, which is already mostly surrounded
by residences. No commercial businesses are proposed which might attract additional development. The proposed road infrastructure is limited by its
location on a peninsula, and no future roads are likely to connect to the proposed subdivision roads.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r- No r; WA
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
A wastewater treatment plant is proposed on the project site; treatment capacity is 57,750 gallons per day, but the wastewater system capacity will be
limited to 51,940 gallons per day by the currently available spray irrigation areas.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r- Yes r No r- Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r- Yes r No
Sh. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC website review/unofficial species list states "there are no endangered species expected to occur at this location". The bald eagle,
protected under the Bald and Golden Eagle Protection Act, may occur. VHB biologists conducted bald eagle nest surveys on the project site in
January and February 2019, With the result that no bald eagles or nests were observed. The majority of the site consists of smaller, second -growth
trees not suited for bald eagle nesting.

Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Fisheries EFH mapper.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
State Historic Preservation Office HPO GIS layers show no structures located in the project vicinity. Permit action areas at road crossings are in areas
Wth steep slopes.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
DFIRM NC 3711907000J shows the proposed project area is outside of Zone AE (elevation 413). The project site boundary is the 420' contour line.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Wastewater Plan Set Combined 6-21-19.pdf 20.76MB
Signature
*
P By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
David G. Cooper
Signature
C1Gt,Ct� rApw
Date
7/12/2019

AGENT AUTHORIZATION FORM
JURISDICTIONAL DETERMINATION AND ENVIRONMENTAL PERMITTING
Project Name: Hyco Lake
Project Location: Person County, NC
PIN. 9070-03-10-5402,9070-03-13-5472, & UNIDENTIFIED PARCEL PER
Date:
ATTACHED MAP
June 2019
The undersigned property owner does hereby authorize:
The Professional Engineers and Scientists VHB
of
(Contractor / Agent)
(Name of consulting firm)
to act on my behalf and take all actions necessary for the identification, preliminary verification, and
permitting of impacts to potential aquatic resources which may result from the abovementioned
project. I understand that representatives of the U.S. Army Corps of Engineers and N.C. Division of
Water Resources may perform on-site verification of these resources and grant permission for access for
this purpose.
Owner: East Coast Investors, LLC
Address: 3129 Springbank Lane, Suite 200, Charlotte, NC 28226
I hereby certify the above information submitted in this application is true and accurate to the
best of my knowledge.
V;_01
Signature/Title Date

9070-03-13-5472.0009070-03-10-5402.000SR 1314Parcel MapHyco Lake DevelopmentPerson County, NC³2013 Alton, VA & Olive Hill, NC USGS QuadranglesParcels from Person County GIS 2019-02-251,000 0 1,000500FeetLegendStudy AreaNo Parcel Number9070-03-10-5402.0009070-03-13-5472.000ParcelMap
Figure
1
2,000 0 2,0001,000
Feet ³2013 Olive Hill NC and 2016
Alton VA USGS Quadrangles
USGS Quadrangle
Hyco Lake Development
Person County, NC
Legend
Study Area
Figure
2
1,200 0 1,200600
Feet ³1995 Person County Soil Survey,
Map Sheets 2 and 6
NRCS Soil Survey
Hyco Lake Development
Person County, NC
Legend
Study Area

July 9, 2019

Graham Allen
East Coast Investors, LLC
3129 Springbank Lane, Suite 200
Charlotte, NC 28226 Expiration of Acceptance: 1/9/2020

Project: The Peninsula at Hyco Lake County: Person

The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Roanoke 03010104 Warm Stream 278

Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly Williams at [phone].
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor

cc: David Cooper, agent

Document# 4/30/2019 3:44 PM
13367
FILED
Person Countv
Russell Jones
Tax Administrator
Issued Apr 313, 2019
5t5Gd 00
state of North Carolina
Person County
Real Estate Emits Tux
381076
FILED in PERSON County NC
an Apr 30 2019 at 09111:47 PM
b : YONYA R. WILSON
KGISTE OF DEEDS
Book 1(3 Pae 128
III IIIIIIIIIIIIIIIIII�IIIIIIIIIIII
NORTH CAROLINA SPECIAL WARRANTY DEED
WITH EASEMENT RESERVATION
Site Nos.: 104540, 107029, 106874
Land Unit Nos.: 1183742, 1183673, 1183625, 1183749,
1184108,1184663,1183601,1183559
Project No.: 104540-461850
Excise Tax: $5,500.00
Tax PareeI Identifier Nos.: No PIN(Parcel #1 9070-03-13-5472 Parcel #2 and 9070-03-10-5402(Parcel 1#3
Verified by County on the day of , 20
By-
Mail/Box
y:Mail/Box to: Grantee
This instrument was prepared by: Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. (DWB)
Without title examination. No title o inion is ex ressed directly or indirectly by our preparation of this Deed.
Brief description for the Index: Three (3) Parcels/Tracts - Cunningham Township
THIS DEED made this 29th day of April, 2019, by and between
GRANTOR
DUKE ENERGY PROGRESS, LLC,
a North Carolina limited liability company
Mkla DUKE ENERGY PROGRESS, INC. and f/k/a
CAROLINA POWER & LIGHT COMPANY d/b/a
PROGRESS ENERGY CAROLINAS, INC.)
c/o Data & Document Management
550 South Tryon Street DEC 22A
Charlotte, North Carolina 28202
GRANTEE
EAST COAST INVESTORS, LLC
a South Carolina limited liability company
3129 Springbank Lane, Suite 200
Charlotte, North Carolina 28226
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, subject to the
restrictive covenants herein set forth and easement reserved unto Grantor herein as set forth in Exhibit S attached hereto
and incorporated herein by reference, all of those certain tracts, lots, or parcels of land situated in Cunningham Township,
Person County, North Carolina and more particularly described as follows:
See Exhibit A attached hereto and into rated herein by reference the "Pro e "
#7327308v3
NC Bar Association Form No. 6 0 111/2010, 2013 This standard form has been approved by:
Printed by Agreement with the NC Bat Association North Carolina Bar Association—NC Bar Form No. 6

BOOK 1006 PAGE 919 38101
The Property was acquired by Grantor by instruments recorded in Book 98, Page 135; Book 98, Page 125; Book
98, Page 373; Book 98, Page 327; Book 98, Page 287 (Tract 2 only); Book 659, Page 218; Book 660, Page 599; and
Book 660, Page 603, all Person County Registry.
All or a portion of the Property herein conveyed does not include the primary residence of Grantor.
Plats showing portion(s) of the Property described on Exhibit A hereof are recorded in Plat Book 15, Page 379;
Plat Book 15, Page 397; Plat Book 15, Page 398; and Plat Book 15, Page 399, all Person County Registry,
The Property conveyed in this Deed shall not include (i) any lands located below the 420 contour (NGVD 29)
surrounding Hyco Lake; and/or (ii) any right, title, or interest whatsoever in or to Grantor's lines, facilities, fixtures;
equipment, and/or other personal property now located at the Property or as the same may hereafter be, located at the
Property and that shall remain at the Property pursuant to the terms and conditions of the easement herein reserved by
Grantor.
PERSON-CASWELL LAKE AUTHORITY GUIDELINES. The terms and conditions of the Person -
Caswell Lake Authority's "Guidelines for the Use of Residential Leased Properties at Hyco Lake", effective October 1,
2006, and as revised and adapted September 11, 2006, by the Person -Caswell Lake Authority and Progress Energy (the
"Person -Caswell Lake Authority Guidelines") shall be appurtenant to, and shall run with Parcel #1 and Parcel #2 of
the Property described on Exhibit A hereof and shall be binding upon Grantee, any future owner(s) of Parcel #1 and
Parcel #2 of the Property, and/or any other persons possessing an interest in said Parcel #1, Parcel #2, or portion(s)
thereof. As used in this Deed, the term "Person -Caswell Lake Authority Guidelines" also shall include any future
amendments and/or modifications thereto made by Grantor, the Person -Caswell Lake Authority, or any other federal,
state, or local governmental agency having jurisdiction over Parcel #1 and Parcel #2 of the Property, Grantor's Hyco
Lake property located below the 420 contour (NGVD 29) surrounding Hyco Lake, and/or Hyco Lake.
RESTRICTIVE COVENANTS. Grantee, by the acceptance of this conveyance and the recording of this
Deed, on behalf of itself and any subsequent owner of an interest in the Property agrees that the Property is and shall be
subject to the following restrictive covenants, which shall burden and run with title to the Property: The Property shall
not be used for any industrial or manufacturing purpose, dangerous or noxious trade or business, landfill, or any
illegal purposes (collectively the "Restrictive Covenants"). Grantee further acknowledges and agrees that Grantor,
Grantee, or any future fee owner of the Property (or portion thereof) shall have the right to enforce any violation(s) of the
aforesaid Restrictive Covenants pursuant to any available remedies at law or equity, including without limitation the right
to bring an action in the Superior Court of Person County or any other proper venue in the Stale of North Carolina
seeking a mandatory injunction and/or any other appropriate relief to enforce the Restrictive Covenants.
TO HAVE AND TO HOLD the aforesaid Property, together with all privileges and appurtenances thereto
belonging to Grantee in fee simple.
And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and.
Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor,
other than the following exceptions:
L The easement reserved unto Grantor as set forth in Exhibit B hereof;
2. The Restrictive Covenants set forth in this Deed;
3. All real and personal property taxes and assessments for 2019 and subsequent years not yet due and
payable;
4. All present and future environmental and zoning laws, ordinances, resolutions, orders, and regulations of all
municipal, county, state, or federal governments having jurisdiction over the Property and/or the use thereof;
#72892120
NC Bar Association Form No. 6 lei 11112010, 2,013 This standard form has been approved by:
Printed by Agreement with the NC Bar Association North Carolina Sar Association — NC Bar Fort No. 6

BOOK 1006 PAGE 130 38107
5. Any liens arising out of or resulting from the performance of any inspections, work, or activities at the Property
by or on behalf of Grantee, Sunbelt Acquisitions, LLC, or by any of Grantee's or Sunbelt Acquisition LLC's
officers, directors, members, managers, employees, contractors, surveyors, agents, or representatives;
6. All building codes, regulations, ordinances, and restrictions heretofore or hereafter adopted by a public agency,
insurance and rating codes and regulations, and any other laws, regulations, ordinances, or requirements
affecting the Property and/or its use as heretofore or hereinafter adopted by any federal, state, or local
governmental authority having jurisdiction over the Property and the use thereof;
7. Any and all public transportation, road, and railroad easements and/or rights of way of record affecting the
Property;
8. Any and all utility easements and rights of way of record affecting the Property;
9. Rights of others in and to the continued uninterrupted flow of any creeks or streams crossing the Property;
l0. The terms, conditions, and restrictions of the Person -Caswell Lake Authority Guidelines affecting Parcel#1 and
Parcel #2 of the Property (or any portions thereof) as set forth herein;
It. All matters that would be revealed by a current and accurate survey of the Property, including without limitation
(i) all matters shown on any of the following plats recorded in the Person County Registry: Plat Book 15, Page
379; Plat 13ook 15, Page 397; Plat Book 15, Page 398; and Plat Book 15, Page 399; (ii) all matters shown on the
unrecorded survey entitled "Property of Carolina Power & Light Company Hyco Land — Portion of L.P. Stigall
Tract", dated April 1980, and prepared by Moore, Gardner & Associates, Inc. (Dwg. No. L -F-6310); and/or all
matters shown on the survey entitled 'Boundary Survey for Peninsula at Hyco Lake for Sunbelt Land
Management LLC", dated January 22, 2019, and prepared by McKim & Creed;
12. Grantor's Mortgage and Deed of Trust, dated May 1, 1940, and recorded in B ook 49, Page 500, Person County
Registry, as supplemented. Grantor shall apply for, obtain, and record in the Person County Registry a release
of the Property from the lien of the aforesaid Mortgage and Deed of Trust within one (1) year fr6m the date this
Deed is recorded; and
13. Judgment in a Criminal Case 'imposed on May 14, 2015, in the matter of United ,States of Armrica v. Duke
Energy Progress, Inc. (n/k/a Duke Energy Progress, LLC) (U.S. District Court for the Pastern District of North
Carolina Case No.: 5:15 -CR -62, 67 & 68) recorded in Book 908, Page 537, Person County Registry.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
#7327308x3
NC Bar Association Foran No. 6 ® 1/l/24110,2013 This standard form has been approved by:
Printed by Agreement with the NC Bar Association forth Carolina Bar Association — NC Bar Form No_ 6

BOOK 1006 PAGE 431 36107
IN WITNESS WHEREOF, Grantor has duly executed the foregoing North Carolina Special Warranty Deed
with Easement Reservation as of the day and year first above written.
DUDE ENERGY PROGRESS, LLC,
a North Carolina limited liability company
(Ma DUKE ENERGY PROGRESS, INC. and
f/k(a CAROLINA POWER & LIGHT COMPANY d/b/a
PROGRESS ENERGY CAROLINAS, INC.)
By:
Name: Carol R. Fadden
Title: Director, Real Estate Strategy and Transactions
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBLTRG
I, the undersigned Notary Public of rlaood County, North Carolina, certify that Carol R.
Fadden personally came before me this day, and being personally known to me or proven by satisfactory evidence to be
the individual whose name is subscribed to the within instrument, and acknowledged that she is the Director, Real Estate
Strategy and Transactions, an authorized representative of DUKE ENERGY PROGRESS, LLC, a North Carolina limited
liability company (f/k/a Duke Energy Progress, Inc. and f/k/a Carolina Power & Light Company d/b/a Progress Energy
Carolinas, Inc.), and that she, in such capacity, being authorized to do so, executed the foregoing instrument on behalf of
the limited liability company for the purposes stated therein.
Witness my hand and Notarial stamp or seal, thisl�o day of April, 2019.
My Commission Expires:
(Affix Notary St�W�l�tlr��j
1�lMary Public��p�
Gaston N s
County —
My Comm. Exp. `
ti 08.18-2023
#732730803 ���i����H CAF►0�;�```�
NC Bar Association 'A lW11!2010, 2013
Printed by Agreement with the ATC Bar Association
Notary Public Si at e
r
Notary Public's Printed or Typed ame
pacument shows proof /acknowledgement before
officer authorized to take proof /acknowledgement;
acknowledgement includes officer's signature,
comi�ion pi tion da , fficial seal, if required.
Tanya R. Wilson, Person County Register of Deeds
This standard form has been approved by:
North Carolina Bar Association — NC Bar Form No. 6

BOOK 1006 PACE 432 38102
EXHIBIT A
(DESCRIPTION OF THE PROPERTY)
The Property is comprised of three (3) tracts or parcels of land, which are more particularly
described as follows:
Parcel #1:
Lying and being in Cunningham Township, Person County, North Carolina:
BEING all of that certain tract or parcel of land containing approximately 389.59 acres,
more or less, as the same is more particularly described on that plat prepared by Davis -
Martin -Powell & Associates, Inc, for Progress Energy Carolinas, Inc. entitled
"Recombination Map of Portiolas of Hyco Tracts 14, 21, 22, 23, 90G and 90H"
(Drawing No. L -C-10137), dated October 34, 2007, and recorded on December 18,
2007, in Plat Book 15, Page 398, Person County Registry, which is incorporated herein
by reference.
Parcel #2:
The courses in the following description are based on the North Carolina State Plane
Coordinate system.
Being that certain tract or parcel of land lying and being in Cunningham Township,
Person County, North Carolina and more particularly described as follows:
BEGINNING at a southeastern corner of now or formerly J. B. Hobgood in a western
property line of Carolina Power & Light Company (now d/b/a as Progress Energy
Carolinas, Inc.), said corner having North Carolina Coordinates Y = 1,004.542.174
and X = 1,971,867.833; and runs thence along and with said western property line of
Carolina Power & Light Company South 01 degree 53 minutes 45 seconds West
1,153.84 feet to a southwestern corner of Carolina Power & Light Company and
northwestern corner of now or formerly Kenneth Royster; thence along and with a
western property line of now or formerly Kenneth Royster South 01 degree 05
minutes 58 seconds West 1,267.54 feet to a point in the northern property line of
Carolina Power & Light Company; thence along and with the northern property line
of Carolina Power & Light Company the following four (4) courses and distances:
South 86 degrees 56 minutes 42 seconds West 211.58 feet, South 20 degrees 36
minutes 12 seconds West 135.37 feet, South 75 degrees 44 minutes 50 seconds West
145.98 feet, and South 88 degrees 30 minutes 45 seconds West 258.36 feet; thence
along and with a new line North 02 degrees 11 minutes 53 seconds West 2,517.97
feet to a point in a southern property line of now or formerly J. B. Hobgood; and
thence along and with said southern property line of now or formerly J. B. Hobgood
#7289212v3
NC Bar Association Form No. 6 ® 11112010, 2013 This standard form has been approved by:
Printed by Agreement with the NC Sar Association North Carolina Bar Association = NC Bar Form No. 6

BOOK 1006 PAGE 933 38101
North 84 degrees 03 minutes 47 seconds East 822.15 feet to the point of
BEGINNING, containing 41,950 acres, more or less, as shown and depicted as
"TRACT 8" on Carolina Power & Light Company Drawing No. L -F-6310 (dated
April 1980), which is incorporated herein by reference; and being the same land
described in a deed from William E. Brady and wife, Elizabeth P. Brady to CP&L
d/b/a Progress Energy Carolinas, Inc. dated and recorded on December 20, 2007, in
Book 660, Page 599, Person County Registry; and further being the same land
described in a deed from William E. Brady et al. to William E. Brady and wife,
Elizabeth P. Brady dated April 15, 1993 and recorded in Book 227, Page 442, Person
County Registry; and being a portion of the land conveyed to Carolina Power & Light
by a deed from L. P. Stigall, et ux, dated October 24, 1963 and recorded in Book 98
at page 345, Person County Registry.
(Parcel #2 is designated by Person County as PIN 9070-03-13-5472).
Parcel #3:
Lying and being in Cunningham Township, Person County, North Carolina:
BEGINNING at a PK nail marking a southwestern corner of now or formerly David
Royster, et al., in the centerline of Zion Level Church Road (NCSR 1314), the
location of said PK nail having N. C. Grid Coordinates Y = 999,719.91 and
X = 1,971,758.14; and runs thence along and with the centerline of Zion Level
Church Road (NCSR 1314) the following two (2) courses and distances: South 59
degrees 07 minutes 05 seconds West 44.23 feet to a PK nail and South 58 degrees 57
minutes 06 seconds West 135.90 feet to a PK nail; thence North 21 degrees 20
minutes 51 seconds West 994.64 feet to an iron pipe; thence North 10 degrees 43
minutes 30 seconds West 882.75 feet to an iron pipe in a southern property line of
Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc.; thence
along and with said southern property line of Carolina Power & Light Company d/b/a
Progress Energy Carolinas, Inc., North 66 degrees 44 minutes 56 seconds East 153.66
feet to a monument marking a western corner of now or formerly David Royster, et
al.; thence along and with westerly property lines of now or formerly David Royster,
et al., the following two (2) courses and distances: South 10 degrees 43 minutes 30
seconds East 899.97 feet to a monument and South 22 degrees 58 minutes 54 seconds
East 921.58 feet to a monument in the northwestern right of way edge of Zion Level
Church Road (NCSR 1314); and thence continuing along and with a westerly
property line of now or formerly David Royster, et al., South 22 degrees 58 minutes
54 seconds East 31.40 feet to the point of BEGINNING, containing 6.74 acres, more
or less, as shown on that certain plat recorded on December 18, 2007, in Plat Cabinet
15, Hanger 397, Person County Registry (Progress Energy Carolinas, Inc. Drawing
No. L -C-10227, dated November 28, 2007); and being the same land described in a
#7327308x3
NC Bar Association Forni No. 6 a 11112010, 2013 11tis standard farm has been approved 6y:
Printed 6y Agreement with the NC Bar Association North Carolina Bar Association — NC Bar Form No. 6

BOOB 1006 PAGE 434 35107
deed from Top Farms, Inc. to CP&L d/b/a Progress Energy Carolinas, Inc. dated and
recorded on December 20, 2007, in Book 660, Page 603, Person County Registry;
and further being a portion of the land described in a quitclaim deed from Thomas O.
Pass, Jr., and wife, Patricia T. Pass, to TOP Farms, Inc., dated June 30, 1986, and
recorded in Book 191, Page 679, Person County Registry.
(Parcel #3 is designated by Person County as PIN 907003-10-5402),
TOGETHER WITH the following appurtenant easements running with Parcel ##3 pursuant to
the Access Easement Agreement recorded in Book 660, Page 616, Person County Registry,
Temporary Construction Easement Agreement recorded in Book 660, Page 607, Person County
Registry, and Sight Distance Easement recorded in Book 660, Page 613, Person County Registry,
and all of the Grantor's rights, privileges, and obligations thereunder which are hereby assigned by
Grantor to Grantee and assumed by Grantee as of the recording date of this Deed.
#7327308v3
NC Bar Association Form Na. 6 ® 1/l/1010, 2013 This standard Form has been approved by:
Printed by Agreement with the NC Bar Association North Carolina Bar Association — NC Bar Farm No. 6

BOOK 1006 PAGE 935 3810
GRANTOR'S RESERVATION OF DISTRIBUTION EASEMENT
SUBJECT TO AND FURTHER RESERVING unto the Grantor, Duke Energy Progress, LLC
("DEP"), its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, the perpetual
right, privilege, and easement to go in and upon the Property hereinabove -described in Exhibit A hereof, and
to construct, reconstruct, operate, patrol, maintain, inspect, repair, replace, relocate, add to, modify, and remove
electric and/or communication facilities thereon, including but not limited to, supporting structures such as
poles, cables, wires, guy wires, anchors, underground conduits, enclosures/transformers, vaults, and manholes,
and other appurtenant apparatus and equipment (collectively the "Facilities) within an easement area thirty
(30) feet wide for the overhead portion of said Facilities and ten (10) feet wide for the underground portion of
said Facilities, together with an easement area ten (10) feet wide on all sides of the foundation of any DEP
enclosure/transformer, vault or manhole (the "Easement Area"), for the purpose of transmitting and
distributing electrical energy and for communication purposes of DEP and Local Exchange Carriers. The
centerline of the Facilities shall be the centerline of the Easement Area.
The right, privilege and easement reserved by DEP herein shall include the following rights: (a)
ingress and egress over the Easement Area and over adjoining portions of the Property (using lanes, driveways
and paved areas where practical as determined by DEP); (b) to reasonably relocate the Facilities and Easement
Area on the Property to conform to any future highway or street relocation, widening or improvement; (c) to
trim and keep clear from the Easement Area, now or at any time in the future, trees, limbs, undergrowth,
structures or other obstructions, and to trim or clear dead, diseased, weak or leaning trees or limbs outside of
the Easement Area which, in the opinion of DEP, might interfere with or fall upon the Facilities; (d) to install
guy wires and anchors extending beyond the limits of the Easement Area; and (e) all other rights and privileges
reasonably necessary or convenient for DEP's safe, reliable and efficient installation, operation, and
maintenance of the Facilities and for the enjoyment and use of the Easement Area for the purposes described
herein. DEP shall not install Facilities outside said Easement Area without obtaining another separate
easement of record, except for those Facilities that may be installed as set forth above.
Notwithstanding anything to the contrary herein, it is understood and agreed that the easement herein
reserved is for DEP's Facilities existing as of the date of this Deed and also for Facilities to be installed at any
point where needed on the Property, portions of which Facilities may be installed immediately, and other
portions installed in the future as the need develops. Any such future Facilities shall be installed at locations
mutually agreeable to DEP and Grantee.
#7327308x3
NC Bar Association Form No. 6 @ 11112010, 2013 This standard form has been approved by:
Printed by Agreement with the IVC Bar Association North Carolina Bar Association — NC Bar Form No. 6