HomeMy WebLinkAbout20120422 Ver 1_Application_2012042620120422
The following is an abbreviated application form for those applying for a 401 Water Quality
Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or
bottom under the U S Army Corps of Engineers Permit GP30 This Application cannot be used
for wetland or stream impacts Please provide five (5) copies of this application and supportm
information as well as a non refundable application fee to the Division of Water Quality of 240 00
for impacts to lake bottom of less than ;< acre and $570 00 for impacts to lake bottom of greater or
equal to 1 acre F ID
Applications should be sent to
FAPR:9:6:2012 Division of Water Quality 401 Oversight/Express Review Permitting, 1650 Mail Service Center Raleigh, NC 27699 1650
Applicant Information
Owner /Applicant Information
Name
Mailing
Telephone Number
E mail Address
24:2 44� 'vvn^ 7,�,/)/% ax Number � / ` 15
2 Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner /applicant )
U .�FT'iT -� J
Company Affiliation
Mailing Address
Telephone Number
E mail Address
II Protect Information
/ 11
Fax Number
Attach a vicinity map clearly showing the location of the property with respect to local landmarks such
as towns rivers and roads Also provide a detailed site plan showing property boundaries and
development plans in relation to surrounding properties You may use the diagram below to make a
hand sketch of your project Also see the example below for guidance Both the vicinity map and site
plan must include a scale and north arrow The footprints of all buildings impervious surfaces or other
facilities must be included
I Location
County Z Nearest Town
Subdivision name or site address (include phase /lot number)
Directions to site please include road numbers landmarks etc (This is not necessary if an adequate
vicinity map is included)
2 Describe the existing land use or condition of the site at the time of this application
3 Property size (acres) / I /(�! "
4 Nearest body of water (stream/nver /sound/ocean/lake)
5 Describe the purpose of the proposed work !�
/,�) /W/ ft, Y;11, L6 e , . Az �✓ r .�
6 List the type of equipment to be used to construct the project � , of 6--
7 Amount of impact (including all excavation backfill np rap retaining walls etc ) below the
normal pool lake level in square feet or acres /
8 a Amount of impact (including all clearing back fill excavation np rap retaining walls etc )
above the normal pool lake level and 50 feet land ward in sauare feet or acres
W.
Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for
M
Applicant/Agent s Signature _ I/ Date I
(Agent s signature is valid only if an authorization letter from the applicant is provided )
a,-
Gmail Fwd Lot 281
https //mail google com/mail/9w= 2 &Ik= 2d2563a23f &view =pt&q =bar
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Fwd Lot 281
1 message
Mark Lancaster <lmarklanc @aol com>
To Maxx Spear Sr <maxkspear @gmail com> Ann Leonard <aleonard @mhleonardengineering com>
Ann please print to file
Mark Lancaster
Mobile 704 3614908
Work 704 528 7400
Begin forwarded message
From William Barger <wbarger@windstream net>
Date April 11 2012 7 17 16 PM EDT
To Mark Lancaster gmarklanc @aol com>
Subject Lot 281
Max K Spear <maxkspear @gmail com>
Wed Apr 11 2012 at 9 21 PM
Please consider this letter your authorization to proceed with application to Duke for the necessary permits to build a dock and to perform the necessary
dredging on my lot in The Point 166 Great Point Drive
4 ) Z07---
William D Barger
Hom 70416635564
C U 7041451 5591
1 of 1 4/24/2012 1 55 PM
FOR DUKE ENERGY USE ONLY
Duke File No
APR y p 1012
Application Fee $_1 Security Deposit $_
Check # Date Recv d
— Initials
Date of Duke Energy Lake Sernces applicant and/or contractor on site inspections Date OQ IZ 1 7-
Date Final Protechon/Avoidance Area Markings Field Verified Initials Initials �l-
Approved to Start Work By * — ----
Date Completion Required (Print) Date
Date of Any Approved Extension (sign)
Imhals
Date Passed Closeout Inspection*
Inrtials
Any Stop Work Orders or SMG Violations *? (check one) Oyes ❑No (If yes explain to PART V)
Date Deposit Refunded Initials
Date Permit Database Updated
—� Imhals _
* Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant
with Approval Letter and highlight any changes File copies of A
Orders with a 6cat�on pproval and Close -out Checklists and any Stop Work
PART I APPLICANT INFORMATION (Please Print)
Name
Lake Address
Telephone 94
� �� �` ��j✓�.�..
/,, Mailing Address
2, 6 �^
r? Wdifferent) t
Contractor Company
Contractor Contact Person
LAKE LOT INFORMATI.,1.,
Lake U ,County �L City /
fate
Sub - L Tax Map No
drv�s�on ��� ��L� 7-
Lot /Section No
Lot Size ores
Are there any Co Applicants *? (check one) OYes _�
sues to PART V - ADDITIONAL INFO * O W yes include names addresses phone nos lot nos lot
INFORMATION)
single application will be performed by a single contractor as one continuous project and is done to benefit multiple owners /
Co Applicants exist when the proposed work �s bung done under a
lease holders of project front properties within a single development The check for the application filing fee and security
deposit should be from the party shown as Applicant and not several checks from the Applicant and Co Applicants
Do not continue the application until an on site inspection has been conducted between a Duke Energy Lake Services
Representative (DELSR) and the applicant and/or the excavation contractor NOTE lntttahztng this portion of the
application by a DELSR to no way constitutes approval or eminent approval of the excavation or any other lake use
Permitting activity
Date of on site inspection -�d I Z I Z
Initials (Duke Energy) j b 1 ��� (apphcandcontractor) Z� �� �rj� Duke Energy �
Excavatinn Pr__ ,,, Page 1 of 12
FART 11 prod arn -
----_�. JL "J"m yr FROJECT
A BASIC
I Type of excavation (check one)
2 Purpose of excavation (check one)
3 Lake user category (check one)
M/New excavation
❑ Maintenance excavation
W Boat Access Channel
Wastewater Discharge Channel
❑ Water Intake Channel
O Other (spec fy)
Private ❑Residential Manna
❑Public r16ther (specify) ✓o f. °mmerci
4 Max Excavation Area Dimensions (ft) Length �p - Width (Note include additional area dimensions if necessary so response to #S below equals Depth area dtm �sL'2 in #4
5 Volume of Excavated Material (TOTAL for the project) q 3 )
Cubic yards
6 Type of matenal removed (applicant determines by field sample fprachcalJ
7 Excavation Site area ��� G
Acre (s) Disposal Site area
8 Total Disturbed Area (including equipment staging area) 1� Acre (s)
9 Does the project meet the Acre )
requirements of the applicable eral Permit
(check one) es ONO
10 Do you claim title to the disposal areas (check one) Yes ONO
11 Do you claim title to the equipment staging area9 (check one)
8 ONO
12 Are there any water treatment facihties within 50 feet of the proposed (If Yes spec) p posed excavation area9 (check one) oyes W(o
13 How will the excavated matenal be entry
disposal area design PPS and the erosion controlled9 e g see attached erosion control plan and
14 Types) of excavation equipment to be used
15 Will waters or wetlands be crossed in transporting equipment to or from the site
(Ifyes explain) (check one) ❑yesNo
16 Will return water re enter the reservoir? (Check one) ❑
show on Excavation Area Drawing) Yes ❑No ❑N /A
(If Yes sped points) of reentry and
17 Is there an existing facility (e g pie.) that access is being maintained to by conducting the excavation
(If Yes specify the existing permit number IfNo include a scaled drawing ofthe proposed facility) Permit #
L9(Yes ❑ No
18 o Total planned duration of the work (Include first equipment mobilizatio excavation through final mitigation me su
complete) START �'
/ FINISH / asures
(Year) —
(Month) (Year)
Duke Energy
Excavation Prnvrnm Page 2 of 12
VAT
Note Notify Duke Energy Lake Services at 1 800 443 5193 prior to commencing any excavation work within
the project boundary
Duke Energy
Excavation Program Page 3 of 12
11/3/2010
Y \lakemgmt \package information \package information \c w dredge \c w excavation application 11 3 10 docx
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DUKE ENERGY EXCAVATI ®N PERMIT APPLICATION FORM
C APPLICANTS SIGNATURES
Comments
Applicant Name
Applicant Signature*
Lot #
Date
Co Applicant Name (print) Lot #
Co Applicant Signature*
Co Applicant Name (print)
Co Applicant Signature*
Co Applicant Name (print)
Co Applicant Signature*
Co Applicant Name (print)
Co Applicant Signature*
Co Applicant Name (print)
Co Applicant Signature*
Date
Lot #
Date
Lot #
Date
Lot #
Date
Lot #
Date
*Per my signature the information provided in this application is correct to the best of my knowledge
BEFORE YOU MAIL THE APPLICATION TO DUKE ENERGY LAKE SERVICES ENSURE YOU HAVE
CHECKED THE INFO THOROUGHLY
MET ALL REQUIREMENTS FORA COMPLETE APPLICATION (see cover letter ofappkcation package)
INCLUDED A SINGLE CHECK TO DUKE ENERGY FOR THE APPLICATION FILING FEE AND SECURITY
DEPOSIT
INCLUDED ALL AGENCY PERMITS OR COMMENT LETTERS AND RESOLVED ALL ISSUES RAISED
INCLUDED ALL REQUIRED DRAWINGS (INCLUDING PROPOSED FACILITIES) PERMIT # FOR EXISTING
FACILITIES SURVEYS AND PLANS
INCLUDED COPIES OF DEEDS AND AUTHORIZATION LETTERS
Duke Energy Page 6 of 12 11/3/2010
Excavation Program
y \lakemgmt \package information \package information \c w dredge \c w excavation application 113 10 docx
EXCAVATION PROGRAM[ APPLICANT'S AGREEMENT LETTER
(Please fill in the blanks Please Plrint)
Date 12192011 _
TO Duke Power A Division of Duke Energy Corporation
c/o Lake Services - EC12Q
P O Box 1006
Charlotte NC 28201 1006
RE Excavation For (Subdivision and Lot # or Ot r Project Name
z3
Duke File No)
(Applicants full name) hereby agrees to comply with all
recommendations requirements and/or conditions of Duke Energy s Lake Services
General Penmt(s) (if applicable) and other federal state and local agency requirements
pertaming to the application to excavate for the purpose of a Boat Dock
In addition Uwe have read and agree to comply with Duke s current Shoreline
Management Guidelines (SMG) much of which is repeated hearm, and understand that
written authorization must be obtained from Duke Energy Lake Service prior to
beginning any activity within the FERC project boundary or on Duke Energy land The
excavation will be completed as described in the approved application and within
eighteen (18) months from the date of written approval by Lake Services unless
specifically noted otherwise in the application or unless 1/we obtain approval for a single
time extension (maximum of one year) in writing from Du. a Energy Lake Service Uwe
understand that if the SMG or other applicable rules change during any extension period
Uwe will be expected to comply with the new requirements to the maximum extent
practicable Uwe also recognize that failure to complete the excavation within this build -
out period will require the filing of a new application within the then- current SMG and
that the new application must include any applicable fees and security deposits
I /we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the
project boundary or Duke owned peripheral strip where the excavation activity is to take
place or if not the owner or lease holder I /we have included proof of title to the property
Duke Energy Page 1 Rev 10/17/00
EXCAVATION APPLICATION Effective Date 11/15/98
Gpal /Lakemgmt/Lmppm/Excavatation /Excagrerev 10 17 00 doc
and written authorization from the owner(s) or lease holder(s) to carry out the proposal
within the project boundary adjacent to their land
Uwe attest to be the owner(s) or lease holder(s) of the land that will be used for equipment
staging and disposal of excavated material or if not the owner or lease holder Uwe have
included proof of title to the property and written authonzation from the owner(s) or lease
holder(s) to carry out the work on their land
Uwe understand that all excavation work must be done directly in front of my /our
property and within the third of the cove nearest my /our property or within any middle
third of the cove that Duke Energy owns or Uwe have written authorization from the
owner(s) or lease holder(s) to carry out the proposal within the project boundary adjacent
to /on their land Uwe also understand that access channels must run perpendicular to the
shoreline while within the third of the cove area that is nearest my /our property
I /we understand that for proposed excavations Yive must coordinate with Duke Energy
Lake Service to conduct an on site meeting to review the project prior to notifying the
various resource agencies I /we must notify the appropnate local state and federal
agencies in advance of the activity by sending them a completed copy of Duke s
Excavation Permit Application Form and other required information Uwe understand that
written authorization and/or other permits may be required by some of these agencies and
such required authorizations must be obtained before Uwe submit the final application to
Duke Energy Lake Service
I /we understand that except for maintenance excavations any excavation exceeding 2000
cubic yards of material removed or any excavation or shoreline stabilization work needed
to support an application that requires Federal Energy Regulatory Commission (FERC)
review does itself require specific review and approval by the FERC before Duke Energy
can issue any approvals
I /we agree that unless specifically approved otherwise in the application explosives will
not be used as part of this excavation activity
Uwe understand that every reasonable effort must be made to minimize any adverse
impact on fish wildlife and other natural resources
Uwe understand that all applicants must contact the appropriate State Historic
Preservation Officer regarding the proposed excavation prior to submitting the completed
application to Lake Service
I /we understand that applicants in South Carolina proposing excavations that are not
covered under the General Permit or are greater than 150 cubic yards must also receive
prior wntten authorization from the South Carolina Department of Health and
Environmental Control (SCDHEC) or the US Army Corps of Engineers (as applicable)
before submitting the completed application to Lake Service
Duke Energy Page 2 Rev 10/17/00
EXCAVATION APPLICATION Effective Date 11/15/98
GpaULakerngmt /Lmppm/Excavatatjon /Excagrerev) 0 17 00 doc
I /we agree that excavation activities in North Carolina and South Carolina will not occur
during the months of March April May and June because of the potential impacts to fish
spawning areas
I /we understand that trees and vegetation growing within or adjoining the lake play an
important role in its overall environmental condition and the ecological benefit the
vegetation has on fish and wildlife habitat directly supports a sound and healthy lake
environment I /we also understand that unauthorized removal of shoreline vegetation (e g
button bushes willows cattails etc ) and/or disturbance of the shoreline buffer may result
in suspension or denial of lake use permitting requests forfeiture of security deposits and
require re- establishment of vegetation at my /our expense particularly if the disturbance is
found to be in violation of state or local ordinances or impacts FERC project buffers
Fwe agree that all excavated material will be placed in upland areas landward of the
protect boundary and confined to prevent erosion and sedimentation back into the lake or
nearby streams
I/we agree that Best Management Practices will be followed by placing all excavated
material a minimum of 50 feet landward of the full pond contour unless special
consideration is given in writing by the South Carolina Department of Health and
Environmental Control (SCDHEC)
Uwe agree to adequately stabilize all excavated material and all disturbed shoreline to
prevent erosion and runoff into the lake
Uwe understand that the double handling of excavated material will not be allowed
therefore all excavated material must be placed above the project boundary in one
handling
1/we have designed the hydraulic excavation process (if any will be used so that return
water re enters the lake in the same general vicinity and cove as the excavation to the
maximum extent practicable
Uwe agree that the proposed excavation will not be for the purpose of creating additional
shoreline will not alter the project boundary or the full pond contour and will not impact
threatened or endangered species historic properties or environmentally - important areas
unless special public entity provisions were made in the application
Uwe recognize that it is my /our responsibility to clearly locate in the field and label on
my /our work area drawings any areas that require specific protection or avoidance during
this excavation work Examples of these protection/avoidance areas include but are not
limited to any Environmental Areas Natural Areas or Impact Minimization Zones as
identified by Duke jurisdictional wetlands historic properties rare or threatened species
and buried gas water sewer electric or communications lines Uwe agree to provide
Duke Energy Page 3 Rev 10/17/00
EXCAVATION APPLICATION Effective Date 11/15/98
GpaIl Lakemgrnt/Lmppm/Excavatahon /Excagrerev10 17 00 doc
mylour contractor with a copy of these work area drawings showing these areas to stress
the necessary protection measures
1 1we agree that If any archaeological resources (e g pottery shards native American
artifacts etc ) are discovered during the excavation work shall be halted Immediately
Uwe will then notify Duke Energy Lake Service and the State Historic Preservation Office
to determine what measures If any Uwe must pursue to protect or salvage the
archaeological resources
Uwe agree that any excavation from within the protect boundary will not exceed the
volume as outlined in the application and will remove and disturb only what is absolute
necessary to achieve the project's stated purpose
Uwe agree to notify Lake Service when the excavation Is initiated and to ensure that
during the excavation period the weather proof `Dame Energy Approved Lake Use
Achvaty sign (to be provided by Duke Energy) remains posted at the job site and visible
from the water s edge
I/we agree to be fully responsible for the permitted lake use and Uwe understand that this
responsibility Is considered to transfer automatically along with ownership and leases of
the adjoining tract
I/we understand that Lake Service representatives may Issue Stop Work Directives for
any violations of the SMG and that other consequences may result from such violations
including but not limited to suspension or cancellation of approved permits increases in
fees modification or removal of non complying structures and restoration of disturbed
areas at my /our own expense or loss of any consideration for future lake use permits
I /we agree to immediately comply with any Stop Work Directives to fully cooperate with
Duke Energy Lake Service and other agencies as necessary and to perform the necessary
remedial actions within the specified time frame
Uwe agree to develop any required mitigation plans and to complete any required
mitigation activities at my /our own expense within the specified tune frames Uwe
recognize that the excavation work is not considered complete and deposits will not be
refunded until the mitigation requirements (if any) have been satisfactorily fulfilled
I/we agree to notify Lake Service in writuns when the excavation Is completed (Including
any required mitigation measures) and that the excavation was completed per the
approved application so a close out inspection can be performed
Uwe have Included a check for the applicable filing fee and security deposit and copies of
all other necessary permits Uwe recognize that security deposits will not be refunded If
any violations of the SMG or thus user s agreement occur
Duke Energy Page 4 Rev 10117/00
EXCAVATION APPLICATION Effective Date 11/15/98
Gpal/Lakemgmt/Lmppm/Excavatahon /Excagrerev10 17 00 doc
Fwe understand that there will be no change in hydro project operations as a result of the
excavation and/or utilization of the excavated area
11we agree to maintain the work area in a safe condition and to fully indemnify and save
Duke Energy harmless from any and all claims liability loss or damage that may arise
from this excavation project
Ave understand that this user s agreement does not in any way constitute the transfer of
any rights in real property and that my /our use and enjoyment of FERC project lands and
waters shall not hinder the general public s lawful use and enjoyment of the same
Sincerely
Applicant s Name (Print) Lo #
*Co Applicant s Name (Print) Lot #
�pplieArit s we
*Co Applicant s Signature
*Co Applicant s Name (Print) Lot # *Co-Applicant s Signature
*Co Applicant s Name (Print) Lot # *Co-Applicant s Signature
* Co Applicants exist when the proposed work is being done under a single application will be performed
by a single contractor as one continuous protect and is done to benefit multiple owners / lease holders of
project front properties within a single development The check for the application filing fee and security
deposit should be from the party shown as Applicant and not several checks from the Applicant and Co
Applicants By signing this agreement Co Applicants are in fact recognizing and agreeing to the same
conditions as is the party signing as Applicant
Duke Energy Page 5 Rev 10/17/00
EXCAVATION APPLICATION Effective Date 11/15/98
Gpal/Lakemgmt/Lmppm/Excavatahon /Excagrerevl0 17 00 doc
BOLTS NUTS SCREWS
PIEDMONT FASTENER CO O O
PIEDMONT 812 South Main Street noft
Troutman NC 28166 Vow
Fax (704) 528 3267
Phone (704) 528 6150
1 800 287 6142
Z2�21 )OF a �T
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Gmail Barger /Fite
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2 messages
Mark Lancaster <lancasterdock @me com>
To Maxx Spear Sr <maxkspear @gmail com>
Mark Lancaster
Mobile 704 3614908
Work 704 528 7400
5 attachments
photo 1 JPG
54K
Page 1 of 4
Max K Spear <maxkspear @gmail com>
Mon Apr 16 2012 at 11 35 AM
https //mail google com / mail / ?ui= 2 &ik= 2d2563a23f &view =pt &search= inbox &th= 136bbc 4/16/2012
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Mark Lancaster <Ianc kedo kgmec m> Mon Apr 16 2012at 113 AM
T Ma XSpear Sr <ma k p 7ggmalc m> Max Spear <maxjspe ar@gm@Ic m>
ht S /mailg o 1 com/mail/?ul=2&ik=2d2563a23f&view--pt&search=inbox&th=136bbc 4/16/2012
Gmail Barger /Fite
Mark Lancaster
Mobile 704 3614908
Work 704 528 7400
4 attachments
photo 1 JPG
39K
photo 2 JPG
40K
photo 3 JPG
53K
Page 3 of 4
https //mail google com/ mail /9ui= 2 &ik= 2d2563a23f &view=pt &search= mbox &th= 136bbc 4/16/2012
Gmail Barger/Fite Page 4 of 4
photo 4 JPG
52K
https //mail google com/ mail / ?ui= 2 &ik= 2d2563a23f &view =pt &search= inbox &th= 136bbc 4/16/2012
168 Great Point Dr Mooresville NC 28117 Directions Location and Map I MapQuest Page 1 of 1
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76�1 CONTOUR TAKEN FROM
WFORMATION FILD D
YNAMICS 280 CORPORATION �N07 FIELD
BY $P ASSOCIATES P A
Lp �. BASEMENT
— BLDG PAD
80X100
NO CLEAR AttEA /
VEGETATIVE
BUFFER
LAKE
NORMAN
L121
PIER ZONE
AREA
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760 CONTOUR LINE DUKE ENERGY
\ PROJECT BOUNDARY) FIELD SURVEYED
BY ESP ASSOCIATES P A
/ STREET T:ES TO BE PLANTED
OUTSIDE (jF R/W
NOV 1995 —JAN 1996
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(Page 1 of 3)
IRRDRIL COUNTY NC
09/01/1999
$650 00
15,
Rest Estate
A
Sales Pri G 5225 000
Excise Tex
Excise I ax $450 00
Tax Lot No out of
Verified by
,/Mail after recording to Grantee
Book 1161
®���� Pages 4646 m 4648
FILED
IREDELLL 00"y NC
Lr9i01 19wQ 2 `4 PM
BRED+ D BELL
Regi"Pr Of Deeds
Recording Time Book and Page
_ Parcel Identifier No
County on the day of 19
This instrument was prepared by The Point On Norman, LL..C, Sharon C Arrowood
Brief Description for the Index I Lot 281, Phase 3 The Pomt, lrodall
County
MB 33 PG 20
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made this 31 st day of Au st, 1999 by and between
GRANTOR
THE POINT ON NORMAN LLC a North
Carolina limited liability company
c/o CLT Development Corp
P O Box 1003
Charlotte North Carolina 28201 1003
GRANTEE
Witham D Barter
182 Bridgeport Drive
Mooresville, NC 28115
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 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 lredell County North Carolina (hereinafter
referred to as the Property ) and more particularly described as follows
BEING Lot 281, Phase 3 of THE POINT Subdivision as shown on the map thereof
recorded in Map Book 33 at Page 20 in the Office of the Register of Deeds for lredell
County North Carolina, and being —a portion of that property conveyed to Grantor by
Deed recorded in Book 1088 at Page 89 Book 1053 at Page 696 Book 1053 at Page 700
Book 1096 at Page 2013 and in Book 1123 at Page 1328 in the Office of the Register of
Deeds for lredell County North Carolina
TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to the
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 except for the exceptions hereinafter stated
1 ( I Book 1161 Page 646 File klmiber
(page 2 of 3)
Title to the Property is subject to (and is conveyed together with as the case may be) the following
easements reservations conditions and restrictions which shall run with the land and be binding upon
Grantee and Grantee s heirs successors and assigns
I All easements restrictions conditions and covenants of record including, but not limited to
those easements restrictions conditions and covenants contained in that certain Declaration of
Covenants Conditions and Restrictions for The Point recorded in Book 1095 at Page 1206 in the
Office of the Register of Deeds for Iredell County (as supplemented and amended from time to
time the Declaration ) In this regard by incorporating the DeclaraUon hereon by reference
Grantor hereby republishes reaffirms and restates the easements restrictions conditions
covenants and other terms contained in the Declaration as if same were expressly set forth herein
in their entirety
2 The right of first refusal reserved by Grantor in Article XIII of the Declaration
3 Water electric gas telephone drainage cable television and other easements and matters shown
on the recorded plat(s) of the Property or as otherwise would be disclosed by a current accurate
physical survey of the Property
4 Matters of zoning and the lien of the local ad valorem real property taxes for the current year
which taxes have been prorated between Grantor and Grantee on a calendar year basis and which
taxes shall be paid by Grantor prior to delinquency
5 By accepting this deed, Grantee signifies Grantee s understanding that Duke Energy Corporation
has or may have certain privileges and easements af%etmg the Property hereby conveyed
including the right, privilege and easement of backing, pondmg raising flooding or diverting the
waters of Lake Nomran and its tributaries upon and over said Property as more specifically
described in instruments recorded in the Office of the Register of Deeds for Iredell County
6 By its acceptance and recordation of this deed Grantee acknowledges for itself and its successors
and assigns as follows Duke Energy Corporation controls access to use of and water levels in Lake
Norman Grantor makes no oral express o implied representation or commitment as to the
continued existence purity depth or levels of water in Lake Norman and Grantor shall have no
liability with respect to these matters In the event Grantor and/or Grantee (as the case may be) is
entitled under the Declaration to place or construct any boatslip pier structure or other improvement
within or upon or conduct any activity altering the topography of the waters of Lake Norman
Grantor and/or Grantee (as the case may be) must receive a permit from Duke Energy Corporation
(or a successor manager of Lake Norman acting under authority from the Federal Energy Regulatory
Commission) prior to commencing such aetivity(tes) Grantor makes no oral express or implied
representation or commitment as to the likelihood of Grantor and/or Grantee (as the case may be)
obtaining such a permit and Grantor shall have no liability with respect to these matters
Furthermore any permit, license or Jease allowing for the construction and use of any boatslip pier
stricture or other improvement within or upon the waters of Lake Norman shall be limited in
duration and neither Grantor nor any member employee agent or affiliate of Grantor shall have
any hab hty arising directly or indirectly out of or in any way related to any such permit license or
lease Construction of any of the aforesaid improvements is also subject to the provisions of the
Declaration and any other matters of record affecting the Property hereby conveyed
7 Pier Zone plats recorded in Map Book 32 at Pages 93 through 99 and Map Book 31 at Page 146 in
the iredell Public Registry
Nothing herein shall be held to impose any restriction on any land of Grantor not hereby conveyed
042346501
LIB CH 1917419
I I �� A Book 1161 Pace 646 File NUMber
(Page 3 of 3)
IN WITNESS WHEREOF Grantor has caused this instrument to be signed in its name by its duly
authorized member and its seal to be hereunto affixed by authority duly given the day and year first
above written
qa �,
V
O 6R$Tr-S1-0AL]
lux .1-Adil
Assistald Secretary-
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
THE POINT ON NORMAN LLC a North Carolina
limited liability company
By CLT Development Corp a WrtkCarolma
By u
Title Vice
G
I Sharon C. Arrowood, a Notary Public for said County and State do hereby certify Randy F
McCall personally appeared before me this day and acknowledged that he/she is Assistant Secretary of
CLT DEVELOPMENT CORP a North Carolina corporation Authorized Member of THE POINT ON
NORMAN LLC allorth Carolina limited liability company and that by authority duly given and as the
act of the corporation the foregoing instrument was signed in its name by its Vice President sealed with
its corporate seal and attested by him/her as its Assistant Secretary on behalf of said limited liability
company
Witness my hand and official stamp or seal this 31 A'' day of Au4 iij 1999
My Commission Expires NOTARY PUBLIC
10/13!2003
[NOTARIALi SEAL)
a PTA It 0-
--C,
J6i UUi
The breg Ing C n an ( )
Wam cefted t be correct This nstrument aid thl caMcate are d ly egisie ed al i e and time and i the Boa* and Pape shown on the first page
R EGISTER OF DEEDS FOR Irede 1 Doutrty
BY Deputy /ftart Register of Deeds
0423"5 o
uB CHI 0 1 in
Book 1161 Pace 646 File Numbe
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1156 Perth Road
Troutman NC 28166
NC General License Contractor # 49723
704 528 -7400 Phone
704 528 -3400 Fax
Alec Fite
190 Lakeshore Drive
Mooresville NC 28117
Description
1 Dredge 497 cubic yards with required slopes for 12 at full pond
A Dredge materials to be hauled off
B Work quoted to be performed by barge
Total dredging package (includes permit processing fee)
Nil, ,p
03/23/12
$27,33500
Customer to write a check made payable to Duke Power for $2,000 00 permit fee, which
$1,000 00 will be refunded by Duke Power after work is completed and approved by Duke
Power Customer to write a check made payable to Catawba Indian Nation Tribal Historic
Preservation for $250 00 permit fee Customer is to provide a copy of the property deed
and a copy of the registered plat /survey for permit
** Note Lake levels must be at acceptable levels for work to be done
** *This contract is based on 497 cubic yards Any dredged materials taken out over & above the
contracted amount will be an additional charge to this contract Customer will be notified prior
to completion of the project
** *Due to constant changes in state and federal Code regulations if we are notified by the
county inspector or any agency of any required changes after this contract is signed the
homeowner shall be responsible for any additional costs that may be incurred to comply with
these changes Every effort is made to stay current with the Code requirements
Lancaster s Custom Dock & Lift Systems Inc hereby proposes to furrnsh material & labor to
complete in accordance with the above specifications for $27,335 00 Total payment to be made
as follows 50% at signing 25% at 2/3 complete 25% at completion 15% interest added
monthly if balance not paid upon completion Material is guaranteed as specified All work to
be completed in a workmanlike manner according to standard practices Any alteration or
deviation from the above specifications involving extra cost will be an extra charge not included
in this contract All agreements are contingent upon strikes accidents /delays beyond our control
Lancaster s Custom Dock & Lift Systems Inc is fully covered for Workman s Compensation
and Liability Homeowner is responsible for fire theft tornado and other necessary insurance
Alec Fite
Dredging contract (cont d )
03/23/12
The above prices specifications and conditions are satisfactory and hereby accepted By signing
below I authorize you to do the work specified Payment will be made as outlined Contract
price is valid for a period of 10 days from contract date
Cancellation of this contract is subject to payment of all costs through the date of
cancellation, including, but not limited to cancellation fees for materials purchased, lost
overhead and profit The 50% payment at the execution of this contract is non refundable
"Notes All permit paperwork to be handled by Lancaster s Custom Dock & Lift Systems Inc
"Notes Lancaster s Custom Dock & Lift Systems Inc is not responsible for underground
utilities irrigation landscape pillions or Acts of God
"Notes It is the customer s responsibility to have underground utilities marked we
recommend calling U Loco 1 800 632 -4949 if you are not able to locate yourself
"Notes Additional charges may apply should rock be encountered while dredging Customer
will be notified immediately
** Notes A (3 %) fee will be added to all credit card payments
Lancaster s Custom Dock & Lift Systems Inc (Printed name
Lancaster s Custom Dock & Lift Systems Inc (Signature)
Date
Homeowner s Printed Name
Homeowner s Signature
Date
We look forward to doing business with you
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