20180582 Ver 2_Written Comments Received_20190905

Will Monahan
wmj monahank email. com
202.841.9766 (Mobile)
Today, I represent the interests of U.S. Army Captain, Phyllis Lehn Monahan, disabled
during her service during Vietnam, and widower from U.S. Fighter Pilot Maj. William
J. Monahan, who was killed when his fighter plane crashed. I also represent my own
interests. I do not represent the interests of any other person, entity, or otherwise, nor
do I speak on behalf of any organization, private or public.
My grandmother's family has been in Cashiers and the surrounding area
for more than 200 years (and 262 Garden Lane since about 1980).
In the 1970s, my family built 262 Garden Lane in Cashiers. They also created the
pond adjacent to this Library, they built the County building across from Library and
pond, the Cashiers School building next door, and the Cashiers Police Department
building, also next door to us. O

What are we asking?EP
That the application for this development not be approved in
41
its current form, which permanently deprives my family of
its sole deeded easement to our family property (which is
located on the pond adjacent to this library) and it takes away
our lake rights, access, and lake privileges, which our family
has held for almost 100 years.
This is not a big ask.
It just isn't

USACE Application 1, Page 15/114
2.0 BACKGROUND AND PRIOR PROJECT HISTORY
Cashiers Lake has been in existence since approximately 1920, when a group of
developers built the lake with the intention of selling lots surrounding it for homes. The
development of homes was unsuccessful at the time, but the lake remained.
C'7

Aug. 27, 1927:
Lake Cashiers Subdivision
Lots 76 & 77
(Cole to McCall)
STATE OF NORTH CAROLINA—Jackson County
THIS DEED, Made this ...day.of .....-- An t-..........» ............._..._., 19Z7.-.., b3
•--•- ......
Of .,s a I and State ot__NOr h CSro�.na of the first part, to
of ...... _-Jackson .... ........-- _....._».._....... ... County and State af. ... Q #t .. ± T� 1 ........ �....� , of the second yarL:
WITI USSETH. That saidin consideratloa of�..�_........... :_ �.-- Dollars,
to .....tleitl-.-......._.pafd by .....--je89ia—macall...
the receipt of which is hereby acknowledged, ba.—VR- bargained and sold, and by these presents do—..._-- grant, bargain, sell, and convey-
to said and assigns, a certain tract or parcel of land in
_.Jfl.Q1CH.1Dn...........__._ county, ,State of��i.��t�. �a'i�5?l�fl�.w ..�..� , �...w.. , adjoining the lands af... ........�. � .�
? _i pr's» i .. ........... ...... and others, and bounded as follows, viz..
of . Cauhiers_ North_Carolin _
...._TS NDS.-STin Lakes Cashiers_Sui-3vsiollBection �A�ag shown
on plytT made S.B Ramoo,C � ,c t. d %anuary� l 26 sand recorded in�E4ek of A40 -
�cT^p n eras f r Jy�.ck n Go t tet.
.L�.i3..r.1.i.G3..4��,�+�.Q.�►.��Li.�...�ds��.�i.�i..�� ��Qt_..��`R�e�:�_4..der....�.dw..�k!aPt..»............�?..........Tt",.._..�.�...............�...� Q..._..
q,,1„rofer�nce, 3a hereby made for more fund descripti
_... T._4E'��1�3 siting rights amend all
other lake ._..�,..
TO HAVE AND TO HOLD the aforesaid tract or parcel of land, and all privileges and appurtenances thereto belonging, to the said
and assigns, W xiC'. , �.. „ .. .only use and behoof forever.
.And the said ._— Fad.:...CQI a and. w� f e a_�n�r�i~e Co A_ ....... ................... _.., for ����....w sol .._4PA......_
and--tbeJr._._`..heirs, executors, and administrators, covenant—.- with said 5.�'&$r�E .�uC�+8� �.» �1!✓� ..._..._..._ .. _. .
........ �....tieirs and assigns, that __the_Y _48Xe__ seized of said premises in fee and ha.Y.e.-, right to convey in fee simple. that the
same are free and clear from all encumbrances, and that Ahel.... do .............. hereby forever warrant and will forever defend the said
title to the same against the claims of all persons ---------- ___--._-----..._.
_,._ ........ * ...., , . __........ _... _.. ..._ _.._ ..__.......................................----- ,...._...._._ ..___.-.r __..�.........
IN TESTIMONY WHEREOP, the said ...... .and... wifat.minnle.... Cole, ............. ».. .�._..�......__

Lake Cashiers Subdivision, Lots 76 & 77
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Feb. 4, 1946:
Lake Cashiers Subdivision
Lots 76 & 77
(McCall to Rogers)
Form Printed and for sale by The Sylva Herald, Sylva
NORTH CAROLINA, ------- --AAAA'*Pa... w .......... ------------- County.
THIS DEED, made this ------ '4.tb, day o€... ???' Y----------=------ ---------------- A. D., 1946–
By P_.Malink :�a�ad__hia..wif�..Jessi ._ii�dcCalZ�--Mal.irk-.........................................
..............------------------------------ ----------
of ............................. County and State of -------- 4J,ifoznta.--------..........------------------•----
ofthe first part, to ....-----------------------------------•----•----............ ......... ................
................... .............. -ti:-- ................ ......------------- -------
of ..Jackson County and. State of _:Car�ilina...................
of the second part:
Witnesseth, That saia . �. �_.o __. k e..f ... -----•-- ........................
.......... _.... ----------------------- .......... _............................................................ .._._._., in consideration of
__other.. CovL,%:.der.a.t&ons.......::.:............... -------------------- Dollars
to.them.------------ Paid by. p&rty._.of..the-seaona.d..par-t-..............__.....
the receipt of which is hereby acknowledged, have....:_. bargained and sold, and by these
presents doAe !.......... grant, bargain,'.sell and convey to said-.Lena..Iicgers..mnd.-hem.-.
......::......._..:heiis..and assigns,- a certain tract or parcel of land in-..Jacksam........ County,
State of .... H—L-------------------------- adjoining the lands of --•----- -------- ------------ ............
------------ ...---.................................................... ........... --:.....and others, and bounded as follows, viz.:
In the town of Cashiers, North Carolina.
Being lots No. 47, 761In Lake Cashiers
Subrivision,: Sec: A as shovrnn.' on plat made by
S. H'. Rambo,C.E. dated Jan. 1926.4nd recorded
in book of maps No . Z at page .104 in 'the office
of the Register of Deeds for Jackson'County to
which map or plat reference is hereby made for
a mgre full and complete description of said lots.
This Deed includes fishing rights and all other
Lake privileges.

Jan. 19, 1948:
Lake Cashiers Subdivision
Lots 76 & 77
(Rogers to Lehn)
STATE OF NORTH CAROLINA—JACKSON Comvrx,
MS.DEP, blade this_._ 19t 1..� ..day aP...........!? �..................1U# �.� by... , .. .......
LO. Roaars-and.his �wife,L_Lena.oers
9f.,...._L8................x..colm a d V��G ffl. r..�Yi.[l� V�i V��11Uw ......... .......�.e &rst..-. to
� h�8 - of the first part, to
r- D ; A. F�ehn an _ wife. Christina t ine Lahn� ... .. ....... ............�..._................ .......
.................r...,, -County aad State of.., �oT�h, C�3'Oli17A ,r, f
-- -- �... , ...., a the aecoud part;
Thatsaid ...... ....... ...... ...... ......_ ..�............_
It aonudmlft o4...... ? pal�ar� and other eansidera ions
.....__.-----. -., T ,...., ..._ .hailers,
to, them
..... Aid the -SBCfld p9j�,,...
the reeafpt of which is hereby wknowiedged, ha9e_bargained aaa snld, and by these presents co elkant, bargain, sell, ad comet' to said
.P—�l S 4 h9 8E CQi1 T fl}1 heir or a .. -teIrs and assigns, eertaia tract r i of
,r1aCk541i..., __"canat wtateCarolina �-----------
-. --- >a� in
Y' adjoining tho lands of-_..—- ...
....,......,,... —,... ..-,—........................................ ".-..-....-........ .aad o><hern, and bonaded as foilowa, via,:
In the Toon of Cashiers, North Carolina,
BEING LOTS No, 76 and 77 in Lake Cashiers Sub -division Sec. A, as shown
on plat made by S. B, Rambo, C, L dated Zen, 1926 and recorded in Book of
Daps No, 11 et page 144 in the Office of the Register of Deeds for Jackson
County to which map or plat referene a is hereby made for a more fall and
complete description of said lots.
This deed includes fishing rights and all other Lake privileges,
Recorded in Book 99 at page 587 in the office of the Register of
Deeds for Jackson County,
C'7

May 12, 2006:
Lake Cashiers Subdivision
Lots 76 & 77
(Lehn to Monahan & Lehn)
�J NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $0
Parcel Identifier No. Verified by County on the day of 24—
By:
Mail/Box to: Grantee
This instrument was prepared by: Jonathan McElroy, Attorney at Law, 53 N. Market Street, Suite 102, Asheville NC 28801^
Brief dcscription for the Index:
THIS DEED made this _JRr"w day of (Y]au 2006, by and between
GRANTOR
CHRISTINE LEHN,
A Widowed Woman
G
DONNA H. LEHN
A Divorced Woman
And
PHYLLIS LEHN MONORAN
A Widowed Woman
PO Box 340
Cashiers, NC 28717
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership.
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.
WTTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is hereby
acknowledged, has and by these presents does grant, bargain, sell and coney unto the Grantee in fee simple, all
that certain lot or parcel of land situated in the Township, Jackson County, North Carolina and more
particularly described as follows:
In the Town of Cashiers, North Carolina.
BEING LOTS No. 76 and 77 in Lake Cashiers Sub -division Sec. A as shown on plat made by S, B. Rambo, C.E.
dated January 1926 and recorded In Book of Maps No. 1 at Page 104 in the Office of the Register of Deeds for
Jackson County to which snap or plat reference is hereby made for a full and complete description of said lots.
This Deed includes all Fishing Rights and all other Lake privileges.
This Deed also includes all mineral rights and water rights owned by Grantor and Rights of Way of Record, more
particularly, those granted by Deed dated October 27, 1925 by J.R. Pruitt and wife Bertha E. Pruitt, Grantors to
F.W. Cole, Grantee in Book 95 at Page 320 of the Jackson County, North Carolina Registry.

USACE Application 1, Page 3 7/ 114
9.20 Considerations of Property Ownership
Cashiers Lake Development owns the property proposed for dredging and
has the inherent right to develop the land in a reasonable and responsible
manner, which includes adhering to all Federal, State, and local
regulations.
C97

USACE Application 1, Page 20/114
4.4 PROJECT PURPOSE
The project purpose is to remove accumulated sediment and debris from Cashiers Lake
and construct roads for a resort hotel and residential community. More specifically, the
overall project purpose is to conduct maintenance dredging of Cashiers Lake to restore
historic open water conditions,

USACE Application 1, Page 3 3/ 114
9.0 PUBLIC INTEREST CONSIDERATIONS
When reviewing this application, the Corps is required to consider the project in terms of
the public interest. In considering the public interest, the Corps must evaluate the
probable impacts of the project and evaluate the "benefits which reasonably may be
expected to occur from the proposal against reasonably foreseeable detriments". In
balancing these interests, the Corps must consider the public and private need for the
proposed project, the practicability of using reasonable alternative locations, and the
extent and permanence of the beneficial and/or detrimental impacts of the project. The
Corps also considers the following public interest factors:
conservation, economics, aesthetics, general environmental concerns,
wetlands, historic and cultural resources, fish and wildlife values, flood
hazards, floodplain values, land use, navigation, shore erosion and
accretion, recreation, water supply and water quality, energy needs, safety,
food and fiber production, mineral needs, and considerations of the
property ownership.

Commander Lehn LLC: Owner of the Easement & 262 Garden Lane
OPERATING A GSM N
o
COMMANDER EEHN, EEC
North Carolina Limited Eiabillity Company
_:a � D ated L=::f=:3 2012
12

Commander Lehn LLC: Owner of the Easement & 262 Garden Lane
(C) Upon death, incapacity, or resignation of CYSTINE R. LEEN, and subject to
the restrictions set forth in Section 5.04, responsibility for the day to day operations and management
of the Company shall be Iona to w LIQ I MONAHAN and subject to the restrictions set forth
in Section 5.04, he shall have the authority to take appropriate actions, financial and therwise, to
effectuate the operation and preservation of the Company assets and propel.

Commander Lehn LLC —Sec. 504(c)(8) Pertinent Provisions
(c) LERN's desire is that the propel benefit the fan-ffly and be
used to benefit the family and remain in the Company as long as practical and reasonable for
the benefit of the propel and -the `a it . Notwithstanding the powers granted in Section
5.03 above, the Managers shall not, without the unanimous vote or consent oft e Member
(8) Do any act which would make it *IMP
ossi le to cam on the ordinary
busiiaess of Company;

STATE OF NORTH CAROLINA
COUNTY OF JACKSON WARRANTY HEED
THIS WARRANTY DEED is made this o2 f day of December, 2004, by and between
CASHIERS LAKE, LLC, a North Carolina limited liability company and CANOE CLUB, LLC,
a North Carolina limited liability company, hereinafter referred to collectively as "Grantor," and
CAPTIVA, LTD, A Texas limited partnership of 2340 Periwinkle Way, Suite Nl-1, Sanibel, FL
33957 , hereinafter referred to as "Grantee," The terms grantor and grantee shall be used as
neuter singular designation of the parties hereto, their successors and assigns.
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the
Grantee in fee simple, all that certain lot or parcel of land situated in Cashiers Township, Jackson
County, North Carolina, and more particularly described as follows:
BEING ALL of Parcel "A", containing 5.81 acres, as shown on a plat thereof recorded in
Plat Cabinet 13, Slide 589, Jackson County Registry, to which reference is specifically �}
made_
ALSO BEING a portion of that certain parcel of land described in the deed recorded in
Book 1116, Page 37'2, Jackson County Registry, to which reference is specifically made
and all of those certain parcels of land described in the deed recorded in Book 1124, Page
597, Jackson County Registry, to which reference is specifically made.
SUM ECT TO the right-of-way ofN.C.S.R. 1113 as shown on the above -referenced plat
and the right-of-way described in the right-of-way deed recorded in Book 320, Page 5,
Jackson County Registry, to which reference is specifically made, as shown on said plat.
Dec. 29, 2004:
The Canoe Club, LLC
a/k/a Captiva, Ltd
Buys Property Subject to Easement
N WITNESS WHEREOF, the Cmtor has hereunto sec its hand and seal,
CASHIERS LAKE, 11C, a North Carolina limited
liability company
TIMOTHY C, P. GREENE, Sole MemborlManager
CANOE CLUB, LLC, a North Carolina limited liability
company
By; .�r�f•
TI OTHY C, P, REENE Sok- McmbOgcr

Aug. 11, 1967: Sole Deeded
Easement for 262 Garden Lane,
owned by Commander Lehn, LLC
(Book 320, Page 5)
ROAD EASEMENT
'pais E. -As emerat = iris trumen t , made this %% day of Angus t
n
A,D- ,. 1967, By C. Y. BYRD and MLISE M. BYRD, 1•ais wife, of the City
o£ Delray Beach, County of Palm Baaeh, arLd $rate: of Florida,
parties of the first part, and EDWARD_ N. P-OGE1tS arxd ANNIE MAE
ROGERS, his wife, o£ the Token o£ Cashiers, County of Jackson, and
State of Nc>o t:h Carolina, parta.es of the sac-ond parr:
WITNESSETH, That said parties of the first part, .in cc3nsider
tion of the sum o.f Teri Dollars and the coriditiorxs of this AgreamerLt
do hareby grant to the parties oB Cha sacorid part, their heirs and
assigns
An easement for irigress and egress aver that certain
16 feet wide tract of larid r►ow -owned by Che parties
o£ the £first part, and reaching from what i8.i-iow
Ycnown as the Zachary 1.arlds an the North to North
Caroli -ria State Road 1.113; saki 16 feet wide tract of
1 --arid being mare pazti,cul.ai:Iy described as follows :
"I3EGENNTNG aC a poiret in the creme= of ttie Zachary
Road 3.-n the bourtdry 13rtc a f Che C. Y. Byrd and E _ N.
Rogers tracts, said point being located South 72 deg.
East 12 £cet from a doubla dogwood aril North 35 deg_
West 16 teat from a 16 trxafi spanish oal, and turas watch
the cerxtez of said ZacExary road as follows, .South 64
de -g. 45' WesC 50 feet, South 37 deg. 30' WesC 22 feet,
Scaut% OS deg. West 90 feet, South 19 deg. 45'East
55 feet and South 39 deg. 30' East 196 feet to a point
at the riortheast margiri o£ N. C. State Road Ido. 11.1.3."
A survey o£ the £o37egoing me-rntioryed 16 feat wide road
eAsementC as prepared by J. X.yman Stewart, Land Sur-
veyor , dated .Tuna 12, 1967, is txerato attached and
made a part of Chis Agreement.
By the acceptance of this Easement Grant for road purposes,
:he parties o£ Cha second part, lr-heir heirs and assigns, agree to
se the same far road purposes only, acid at such time w%en said
ands cease to be used £ox- such purposes, Chert this Easernertr-
hall become rau11 and void. OF

Aug. 1, 2005: Cease & Desist Letter Issued to Captiva (a/k/a Canoe Club, LLC),
Who Was Trying to Block Access to the Easement
■ Just over seven months after knowingly purchasing a property subject to an easement, Captiva a/k/a
Canoe Club, LLC attempts to erect a stone column, iron gate fence to block access to the only deeded
easement to my then 81 year old grandmother's property.
■ Captiva's members are the same as those for the Canoe Club: Marvin J. Gralnick, Helene B. Gralnick, and
Leslie V. Giordani.
■ Captiva's attorney was Roseanne Giordani, the Canoe Club and CCCD's attorney.
■ On August 2, 2005, via Federal Express:
Roseanne
Giordani signed for, and
acknowledged
receipt, for the
Cease & Desist letter that informed the
Gralnicks
and Giordanis, that this
was my family's
only deeded
easement to our property at 262 Garden Lane.

44tl'
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18

July 5, 2019 Meeting with Turner Inscoe
(1) Wanted me to agree to acquiesce to CCCD's
control of the easement and gate.
(2) I politely refused.

July 15 and 23, 2019 — Letters to and From CCCD's Attorney
CCCD's attorney (I) acknowledged that CCCD had
blocked our access to the easement and (2) sought for
the family to ratify CCCD's behavior.

CCCD Application 2, page 49/70 at General Note 13
13. "All Proposed Roads Will be Private"
C> 1—:= CLLJ B
SLJBI]1Nor ISIaN PLANS
CASHIERS TOWNSHIP,
jACKSaN CC7LJNTY, NC
GENERAL NOTES:
1. BOUNDARY SURVEY BY SYLVESTER & COMPANY, P.A.
2. CONTOUR ELEVATIONS PROVIDED BY SYLVESTER & COMPANY, P.A. & 2007 N.C.D.O.T. ODAR DATA.
3. TOTAL PROJECT AREA= 53.79 ACRES.
4. NO PORTION OF THIS PROJECT LIES WITHIN THE 100 -YEAR FLOODPLAIN AS DEFINED BY THE NC FLOODPLAIN MAPPING PROGRAM.
5. PROPERTY PIN#'S; 7571-38-5825, 7571-39-9188, 7571--38--3044,
6. DEED REFERENCE. 1501 680, 1501 682, 1513/167,
7. THIS PROJECT IS EXEMPT OF JACKSON COUNTY SUBDIVISION ORDINANCES DUE TO VESTED RIGHTS.
8. WATERSHED CLASSIFICATION - CLASS "B" WATERS, TROUT WATERS, AND OUTSTANDING RESOURCE WATERS.
9, ALL IMPERVIOUS SURFACE AREA SHALL BE TREATED TO DIVISION OF WATER QUALITY STANDARDS IN REGARDS TO THE ABOVE MENTIONED WATERSHED
CLASSIFICATIONS.
10. FOR TYPICAL STREET SECTIONS, SEE SHEET D1.2.
11. ALL IMPROVEMENTS SHALL CONFORM TO THE WATERSHED PROTECTION ORDINANCE.
12. PRELIMINARY WETLANDS & WATER LIMITS SHOWN ARE AS DELINEATED BY CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
13, ALL PROPOSED ROADS WILL BE PRIVATE AND MAINTAINED BY THE HOME OWNERS ASSOCIATION.
9A All 11DAIMMAI rc AW) CTAMA nnAlkl TLJC ' Alnl+C r etrllf A!T n1? �1it] Tn A 4n,

CCCD Applic. 2 at 64 of 70, Current Easement in Yellow
(Pink =July 3, 2019 Locked Gate)
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CLCD Applic. 2 at 64 of 70, Easement Eliminated
(Current Loc. in Yellow)
(Pink =July 3, 2019 Locked Gate)
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CCCD Applic. 2 at 66 of 70, Current Easement Eliminated
r
� ��� lv Mx - .� _ � �`-----____ - - - ~�� � - � ���•�` �° � 'll r!11 {r j Ir �1 tf
204

Outline of Post Dec. 29, 2004 Treatment of Ret' d Capt. Phyllis
Monahan, TITLE Donna Lehn
a. 2005 Attempted Locking and Blocking of Access to Easement for 262 Garden Lane Property (Canoe Club
Owners under Captiva, Ltd.)
b. 2005: Construction of 197 Cashiers Lake Road
i. Jackson —Soil
ii. Jackson — Well
iii.TWSA — we had a Sewer Tap — TWSA refused to acknowledge it until I got involved.
c. 2005-10: TWSA refusal to provide wastewater treatment access to 262 Garden Lane —despite FIVE failed septic
fields and regulation requiring such.
d. 2008-09: DOT Threats of Criminal Prosecution
e. 2011-12: The Jackson gated and blocked access to our property from an already existing road at the County
Building. Then took actions that currently make ingress and egress to our property from that road impossible.
f. 2014: Holley blocked our access to the 20' easement that abuts our property.
g. 2019 (July 3) — CCDC gates and locks access to our easement and the only legally documented access to our
property. Their attorney tells us QUOTE.
h. 2019 (Now) Out of 89 acres of property, CCDC plans in its application to drive its commercial trucks feet from
our house and well — located on less than 1/2 of one acre - and dump all sludge and garbage from the bottom of
Cashiers Lake feet from my mother's and aunt's home where they live. Out of 89 acres, this is where CCDC
happened to decide was necessary to dump all of this waste and sludge.

What my family wants?
i i
The same as any reasonable person would want:
USACE, NCDNR, and NCDWR:
Please do not approve CCCD's plans for development
ABSENT an (1) amended CCCD application to each of you
that clearly and unequivocally identifies, respects, and (2)
ensures my family's grope
rights (lake rights and access,
lake privileges, and ingress and egress) as outlined herein.
No more. No less.
Reasonable.

Concerned Environmentalists
Scott Jones
Barbour, Searson, Jones, and Cash
Scottklawyersasheville.com
STANDING (locus standi):
If you do not see timely amended applications on the USAGE and
NCDNR, NCDWR websites to irrevocably reflect my family's property
interests as outlined today and herein, feel free to contact our attorney
Scott Jones and provide your Environmental _rrooup's name, General
Counsel's name, and their contact information.

Captain Phyllis Lehn Monahan, U.S. Army, Vietnam
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