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HomeMy WebLinkAbout20221543 Ver 1_Shoreline Stabilization_20221103Shoreline Stabilization Application Form NORTH CAROLINA Environmental Quality 15A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization FORM: SSGP 10-2013 DRAFT -NOT FOR USE AT THIS TIME Submission Form I. Applicant Information [15A NCAC 02H .0502(a)] Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Primary Contact Email* russellspindler@gmail.com Please provide an email address for payment and requests for more information here. Pre -Filing Meeting Date Request was 11/1/2022 submitted on: * Owner Information: Name: * Russell Spindler Email: * russellspindler@gmail.com Phone Number: (410)474-8870 (xxx)xxx-xxxx Mailing Address:* Street Address 3934 Granite Street Address Line 2 City Lake Norman of Catawba Postal / Zip Code 28682-9733 Is there an agent working on the project? * Yes No Agent/Consultant Information State / Province / Region NC Country US Name: * janice Estep Company Affiliation: * CBC Stone & Recycling, LLC Email: * info@cbcstoneandrecycling.com Phone Number:* (704)660-5111 (xxx)xxx-xxxx Mailing Address:* Street Address 638 Oakridge Farm Hwy Address Line 2 City State / Province / Region Mooresville NC Postal / Zip Code Country 28115 United States A signed and dated copy of the Agent Authorization letter: * Agent Form.pdf 556.76KB Link to: Sample Agent Authorization Form Project Information [15A NCAC 02H .0502(a) & (b)] Project Name: * Spindler Dredge If your project has a formal name please use this. If your project does not have a formal name, please identify your project by the owner name and proposed activity (Jones Property Access Road, Smith Guest House, etc.) List in parentheses any other names that have been used to identify the project in the past. 1. Provide a vicinity map (i.e. street map) clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. * Upload File Look up address Upload Map: Survey.pdf 903.72KB Vicinity Maps.pdf 5.91MB Latitude:* 35.584564 Longitude: *-80.967291 2. Provide a detailed site plan showing property boundaries and proposed locations of vegetation clearing, structures (buildings, retaining walls, docks, impervious surfaces, etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the diagram under section 12.normal pool lake level/normal water level* Site Plan.pdf 1.01MB Buffer Form.pdf 1002.31KB Please use the diagram at the link below: https://edocs.deq.nc.gov/WaterResources/0/edoc/616616/Shoreline%20Layout.docx 3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort- a yard stick, shovel handle, etc.) Dredge Area Pics.pdf 26.74MB Access Permission Info.pdf 3.54MB 4. Location of the property (where work is to be conducted) Nearest Town: * Terrell County:* Catawba Lake/ river/ ocean adjacent to Norman property: Subdivisions name or site address: * Directions to site: * 610 E Center Ave Mooresville, NC 28115 Lot 3 Somerset on Lake Norman Include phase/lot number Head south on Evergreen St toward E Center Ave 197 ft Turn right onto E Center Ave 0.5 mi Turn left onto S Church St 397 ft Turn right onto E McLelland Ave 1.1 mi Use any lane to turn left onto NC-150 W/E Plaza Dr Continue to follow NC-150 W Pass by Zaxby's Chicken Fingers & Buffalo Wings (on the right in 1.3 mi) 9.0 mi Turn left onto Sherrills Ford Rd 0.7 mi Turn left onto Granite St Destination will be on the right 0.1 mi 3934 Granite St Terrell, NC 28682 Please include road names and numbers, landmarks etc. 5. Describe the existing land use or condition of the site at the time of this application: * Residential Residential, undeveloped, etc. 6. Property Size 0.739 acres Acres 7. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): Dredge a 30' x 30' area at dock for boat access. 8. How will the work be done?* From Land From Water 9. Total amount of disturbance below the normal pool lake level/ normal water level: * (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) 116.66 cubic yards below square feet 10. Total amount of disturbance above the normal pool lake level/ normal water level and 50 feet land- ward: * (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) 0' above square feet 11. Please describe the vegetation above the normal pool lake level/ normal water level and 50 feet landward to be impacted:* (number of trees, for instance) Grass buffer, no trees removed, no disturbance to buffer. Dredge by barge, haul material out at access across the cove with permission from owner. Sketch: Dredge Application.pdf 10.71MB Dredge Spoils Info.pdf 7.86MB Sketch.pdf 252.5KB Application Fee: Once the application has been accepted. You will need to send a corresponding fee in with the appropriate DWR#. The application fee is as follows (pursuant to G.S. 143-215.3D): a $240.00 for impacts to lake (below normal water level) of less than 1 acre a $570.00 for impacts to lake (below normal water level) of greater or equal to 1 acre By digitally signing below, I certify that: a I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief a I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. a I agree that submission of this Shoreline Stabilization online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); a 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"); a I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the Shoreline Stabilization online form. Full Name:* Janice Estep Signature: Submittal Date: 11/1/2022 Initial Review Is this accepted into the review process?* Yes No Project Number: * 20221543 Version: * 1 Select Reviewer: * Alan Johnson:eads\adjohnsonl Select Reviewing Office: Mooresville Regional Office - (704) 663-1699 Has payment been received?* No Payment Needed Fee Received Need Fee - send electronic notification What amount is owed?* $240.00 $570.00 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIP 1 ION. LOT NO, 3 PLAN NO. PARCEL ID: MEET ADDRESS: -YIB._!--_LC--AfgL.6ke Please print: Property Owner: -9-1:L.)5ek ncl ker Property Owner: The undersigned, registered property owners of the above noted pr , do hereby authorize of CPC. SA-0 n (Contractor / Agent) (Name of consulting firm) -) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Tel.ephone: L-1 - 414 - En - We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge!. Authorized Sionature Date: OO Dcpp y10 O AF O Zp o P K� mOm ZC)2-FAO �l 847-15� r/-- -- _ g�6oso��TO2�' O'°o mA~�yN°m t��NpO Z mpAK ZO D�=y A� 8m \ O'1 RANITEST z 5p mN DAOi �r = a O m P�BLICR1W mo Cl om ��o� za oA n m m m ® it NA O�A2 <1m N0 ci ;A N Az 00 mM � O AmCD O] 2 "P, / Roy O �fmm [Oc c0 ? l pqnBI�CR - ,'/ 8'}W O O a W N v' W? t0 W Z / O S A n W - yo sav a APPR ors ��z -�=IMATE 70o YEgR 0 LINE ymAm — mm FL00V �28�p _C4 �o 0zK 17.69, 0 0 IA z m3m3 g �n ' o o B c`no ;mZ oA �m D m D I� ; z z i oc4zzic 3 n O oW mc'im'D'm�� y z '%m zuNo� Zo v z I-Tl n u C -. Ooon p- in v m x zo rrr/,/, mT c f-„ o o (n moo'' n o �FQom y� .�'�l�d��ai �.,,,Mp/� X o_ n� T O 3 F .T�. .'aj�� ^c' m� SO -O no to U] wo`J�O� _ �'-2_ o" nCoo z mz =m Z r j o zv w o o c v.ti:; i ya°\��., C 00 .P Z D Z G u. `� r C :.p,.,oq m� �.o:c - w< r, tmo o� '.;:0� �`�: �wm9� cZ z r x � C, yy>y� wn atw n ci '" C 2 X m lf,T1�13 V1 (r�V mUl 3 N A� G O y K N mrn .2m1y0Ay-00� ° _� N 1 c Catawba cuGeospatial Real Estate Search 4rm)�onty v,r,xiRGG LIVING. dt7'ER Information rVICeS N w+E s Parcel: 461704531436, 3934 GRANITE ST TERRELL, 28682 Owners: SPINDLER RUSSELL PAUL, SPINDLER SUSAN LYNN Owner Address: 3934 GRANITE ST Values - Building(s): $487,900, Land: $209,800, Total: $697,700 1 in=60ft This map/report product was prepared from the Catawba County, NC Geospatial Information Services. Catawba County has made substantial efforts to ensure the accuracy of location and labeling information contained on this map or data on this report. Catawba County promotes and recommends the independent verification of any data contained on this map/report product by the user. The County of Catawba, its employees, agents, and personnel, disclaim, and shall not be held liable for any and all damages, loss or liability, whether direct, indirect or consequential which arises or may arise from this map/report product or the use thereof by any person or entity. Copyright 2021 Catawba County NC 09/27/2022 Geospatial Real Estate Search Catawba count " MAKING, �i���as. BETTER. Information Services G? z 74 m N w+E 5 Parcel: 461704531436, 3934 GRANITE ST TERRELL, 28682 Owners: SPINDLER RUSSELL PAUL, SPINDLER SUSAN LYNN Owner Address: 3934 GRANITE ST Values - Building(s): $487,900, Land: $209,800, Total: $697,700 1 in=60ft This map/report product was prepared from the Catawba County, NC Geospatial Information Services. Catawba County has made substantial efforts to ensure the accuracy of location and labeling information contained on this map or data on this report. Catawba County promotes and recommends the independent verification of any data contained on this map/report product by the user. The County of Catawba, its employees, agents, and personnel, disclaim, and shall not be held liable for any and all damages, loss or liability, whether direct, indirect or consequential which arises or may arise from this map/report product or the use thereof by any person or entity. Copyright 2021 Catawba County NC 09/27/2022 La ke (At Full Pond{Norm' ate; !eve[; Fi Nlorm� S O\J ej- please approximately sketch the following information on this plan, length of sGlorellne (provide dimensions for each item, such as 10 ft x 100 ft)": 1. All proposed vegetation clearing 2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation 3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation 4. Location of any proposed structures such as buildings, retaining walls, docks, etc. 5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation 6. Location of construction access corridors -L redy S ?o'A 5 to 6-- ve.mov td acrbSS FORM: SSGP 10-2013 Page 3 of 3 CATAWBA RIPARIAN BUFFER NOTIFICATION FORM Project Namel"address- 3-q_3LtGTI"--n-I±t count': (2ca Print SignatureI contractorlagent- A L i 1 2 Print turc, `I he approval is for the purpose and design described it, your application. lmpact5 not indicated in the application is a violation of the Buffer Rule. Site -specific work should be provided in the application. [ISA NCAC 02H .0506 and 15A NCAC 0213.024301 Trees are not allowed to be removed frorn Zone I of the Buffer (within 30 ft of the full pond elevation), unless approved. Exception, those trees that are severely undermined along the immediate shoreline can be removed. Minimal shaping and sloping along the immediate shoreline is allowed. 1ISAINCAC 029 .024S(6)1 Benching, grading in the buffer is not allowed. Excessive disturbance of ground cover. JISA NCAC' 02S,0243 (6)1 Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division. There are limitation on size for decks. [ISA NCAC 028.0243(4) and (6)) Work to be conducted from land must indicate an access and indicate any trees that are to be removed. The work corridor should be described. The approved access corridor shall be restored. Staging., spoil, construction material must be outside the buffer. (15A NCAC 021-1.0502 and ISA NCAC 02B.0243 (4), (6), (8)j Starmwaler cannot be piped or channeled for direct discharge to the lake. All constructed stormwater discharges must be at the natural elevation and discharged prior to entering th.e buffer directed as diffuse or sheet flow at non -erosive velocities to the lake, [1115A NCAC 028.0243(5), (6)] Acknowed ,gemene of Notification hereby state that + have been informed of the Catawba Riparian Buffer Rule. Any work conducted in the buffer, not specifically stated in tiie application and approved by the Division of Water Resources (DWR), is a violation and subject to enforcement Due diligence will be taken such that the construction will be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plan(s) and sp-ecification(s), and other supporting materials- Signature- (owner): Date; {`�.'f�'u�'�A�t���'r�}`�k „�„� � c a� thU � �i � �°` s�'`F' �. y—a�`k�vr�n�_`""` �rfr5� �£f � � f IF f 3 iti y` i hereby give permission for Somerset on Lake Norman lake front owners and CBC Stone R,- Recycling, LLC to use the property at 8573 Blue Herron Drive Terrell, NC 28682 as an access/equipment staging area for a dredge project at 3894, 3884, 3906, 3918, 3924, .3934 Granite St. Terrell, NC 28682. Any areas disturbed by work will be restored to original condition after project has been completed. 1�4 Sign Date fl; 7 'r mr-a r-11� 2759 0410 FILED BA2759P604I0 CATAWBA COUNTY DONNA HICKS SPENCER REGISTER OF DEEDS FILED Jun 19, 2006 AT 10:30:49 am BOOK 02759 START PAGE 0410 END PAGE 0413 INSTRUMENT # 17268 EXCISE TAX (None) 8R NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax None __ Recording Time Book and Page _ Tax Lot No. Parcel Identifier No. 461.704546191 Verified by County on the day of by Mail after recording to Grantee This instrument was prepared by Russell W. Chapman Jr PO Box 1108 Statesville NC 28687 _ Brief description for the Index i Access Lot and Common Areas THIS DEED made this 17th day of November 2005 by and between u1"^iN i UM C. Doug Ralston and wife, Patti S. Ralston; Dan E. Carroll and wife, Cindy Carroll, - Richard Lee McCaslin and wife, Susan L. McCaslin GRANTEE /Sherrill's Creek Owners Association, Inc., a North Carolina non-profit corporation Mailing Address: 8640 Blue Heron Drive Terrell, NC 28682 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. 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. 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 the City of , Mountain Creek Township, Catawba County, North Carolina and more particularly described as follows: 2759 �� --pp 5� q IN WITNESS WHEREOF, the Grantor has hereunto set his hand and se ifBc r5ee,q as causedl this 04 instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. (Corporate Name) U By: S E President ATTEST: Secretary (Corporate Seal) (Corporate Name) By: President ATTEST: Secretary (Corporate Seal) SEAL -STAMP NORTH CAROLINA, I, a Notary Public of the County and Use Black Ink S L A C .,�-- (SEAL) Cindy Carro i ,% % (SEAL) K Richard Lee McCaslin 4 �' � r (SEAL) N Susan L. c aslin — L (SEAL) Y pulbut imy appediau oerore me mis clay �M 11 a i \ Witness my hand and official stamp o seal, th My commission expires: SEAL -STAMP NORTH CAROLINA, I, a Notary Public of the County and Use Black Ink personally appeared before me this day Witness my hand and official stamp o My commission expires: SEAL -STAMP NORTH CAROLINA, I, a Notary Public of the County Use Black Ink personally appeared before me Witness my hand and official st; My commission expires: / County. certify that (edged the execution day of /l County. certify that edged the execution (SEAL) Grantor, of the foregoing instrument. 20 _ Notary Public Grantor, of the foregoing instrument. this day of , 20 Notary Public County. S to afo aid, certify that Grantor, d an cknowledged the execution of the foregoing instrument_ or seal, this day of 20 Notary Public 0412 8K2759VaU41 c NORTH CAROLINA - IREDELL COUNTY I certify that the following person (s) personally appeared before me this day, and (I have personal knowledge of the identify of the principal (s); (I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a North Carolina Driver's License; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: C. Douglas Ralston and wife, Patti S. Ralston `47` �r, `.. i�Ciltr'H CAROLINA - MEDELL COUNTY otary Public Printed Name:. F. Cot10. 2 , 1Q12 rl\\k I certify that the following person (s) personally appeared before me this day, and (I have personal knowledge of the identify of the principal (s); (I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a North Carolina Driver's License; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Dan E. Carroll and wife, Cindy Carroll otary Public Printed Name: tQ Z & dQ- ` m�C'omm,sssan Qu�7cas i2� o`] r tAROLINA - COUNTY I certify that the following person (s)` personally appeared before me this day, and (I have personal knowledge of the identify of the principal (s); (I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a North Carolina Driver's License; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Richard Lee McCaslin and wife, Susan L. McCaslin . �[ Notary Public Printed Name: Q-Wk ,. (Z.,5.+QA tQ-, M4 CbMm-.55; M 0,P"i't S t2J-610-1 2759 Y 0413 jW59P00413 EXHIBIT "A„ BEING all of that certain lot labeled "Access Lot" in SHERRILL'S CREEK SUBDIVISION as the same is platted, planned and recorded at Plat Book 29, page 146, Catawba County Registry, and any and all other property owned by Grantors and Dolphin Properties in said subdivision, including specifically all roads and Common Areas of said subdivision, but specifically excluding that certain "Sewage Disposal Lot" as shown on this plat. The male grantors herein are all of the former partners of Dolphin Properties, a North Carolina general partnership, now dissolved. Duke Energy Excavation Permit Application Form I FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit $ Check # Date Recv'd Initials Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Date 1 U- (-2- Initials eA Date Final Protection/Avoidance Area Markings Field - Verified Initials Approved to Start Work By * : Date (Print) (Sign) Date Completion Required Date of Any Approved Extension Initials Date Passed Closeout Inspection* Initials Any Stop Work Orders or SMG Violations*? (check one) ❑Yes []No (If Yes, explain in PART V) Date Deposit Refunded Initials Date Permit Database Updated Initials * 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 Approval and Close-out Checklists and any Stop Work Orders with application. Part I. Applicant Information (Please Print) Name Russell Spindler Telephone 410-474-8870 Email address: russellspindler@gmail.com Lake Address 3934 Granite St. Trerrell, NC 28682 Mailing Address (f different) same as lake address Contractor Company CBC Stone & Recycling, LLC Contractor Contact Person Janice Estep Telephone 704-660-5111 Contractor Email Address: info@cbcstoneandrecycling.com LAKE LOT INFORMATION Lake Norman County Catawba City Terrell Subdivision Somerset on Lake Norman Lot / Section No. State NC Tax Map No. Lot Size 0.739Acres Duke Energy Page 4 of 13 rev 11/22/21 Excavation Program Duke Energy Excavation Permit Application Form Security Deposit Refund Information The security deposit will be refunded after the excavation permit has expired if no violations of the approval occurred. The applicant will receive the security deport refund at the mailing address in Part I unless an alternative recipient is identified. Send the security deposit to an alternative recipient? (check one) ❑Yes ONo (If Yes, include name and mailing address below. Name: Mailing Address: Tax ID: Are there any Co -Applicants*? (check one) ❑Yes [dNo (If Yes, include names, street addresses or lot numbers, pier numbers, phone numbers, and email addresses in Part V — Additional Information) * Co -Applicants exist when the proposed work is being done under a single application, will be performed by a single contractor as one continuous project, and is done to benefit multiple owners / lease holders of Project -front properties within a single development. There can be no more than 4 co -applicants in addition to the lead applicant on any application. Do not continue the application until an on -site inspection has been conducted between a Duke Energy Lake Representative and the applicant and/or the excavation contractor. NOTE: Initialling this portion of the application by a Lake Representative in no way constitutes approval or eminent approval of the excavation or any other lake use permitting activity. Date of on -site inspection 1y- L6'22 Initials (Duke Energy) L� (applicant/contractor) Duke Energy Page 5 of 13 rev 11 /22/21 Excavation Program Duke Energy Excavation Permit Application Form Part II. Description of Project A. Basic Information 1. Type of excavation: (check one) ❑ New excavation la Maintenance excavation 2. Purpose of excavation: (check one) ❑ Water Intake Channel ❑ Other (spec): ® Boat Access Channel ❑ Wastewater Discharge Channel 3. Lake user category: (check one) ®Private ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (specify): 4. Max. Excavation Area Dimensions (ft): Length 30' Width 30' Depth 3.5' (Note: include additional area dimensions if necessary so response to 95 below equals max. area dimensions in #4) 150' x 25' x 4' "v" channel for access to deeper water 5. Volume of Excavated Material (TOTAL for the project): 116.66 Cubic yards 6. Type of material removed (applicant determines by field sample if practical): Dirt/Silt 7. Excavation Site area: 0.072 Acre (s) Disposal Site area: 2.29 Acre (s) 8. Total Disturbed Area (including equipment staging area): 0.072 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) OYes ONO 10. Do you claim title to the disposal area? (check one) ❑Yes ONO 11. Do you claim title to the equipment staging area? (check one) ❑Yes ONO 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes lallo (If Yes, spec): 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and disposal area design): Dredge by barge, haul material off by land at community access located at 8573 Blue Heron Drive Terrell, NC with permisson from HOA. HOA will also be having dredging done at community dock Haul spoils by dump truck to disposal site located at 638 Oakridge Farm Hwy. Mooresville, NC 28115. Duke Energy Page 6 of 13 rev > 1/22/21 Excavation Program Duke Energy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: Long Reach Excavator, Dump Truck 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) OYes ONo (If yes, explain) By barge 16. Will return water re-enter the reservoir? (Check one) ❑Yes QNo ON/A (If Yes, speck point(s) of re-entry and show on Excavation Area Drawing) 17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? l fYes ONo (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Permit # 10617 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START 1 / 23 FINISH 1 / 23 (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 11/22/21 Excavation Program W CD ti CD A C ti CD � o � O CD m C `t O � CD CD n CDy CD � 0' n Lh p �-- CD crCD S• n h� O D D D D D a D = v (nN N � O N N 1w 3 O N CD (p m O '+ O � N Q v � M Z �+ CV Iy.y�I V C O, E O A^ n O CD 0 a (i4 (D n tl4 CL O cn U7 C w D CL i• CD v� e-E CD CD It 19 u m tt § � \ % \ [ 2 \ \ / ƒ f _ �. 0 %�■°%6 f"D* n 2 \ \ CD 9 N 2 2 2 $ $ 3 \ \ § § \ § f / � f @ i ?. ` § � i * O � / A � \ Duke Energy Excaygion Permit Application Form C. Appficant'sSignawn:s Co. t nniunt:: G1,rej F- S\)SC-YA Zones 3qLlu S-V. 0;) (2, , Yn, e -TAnc) ma-s terre-11 'RC DZUK, Applicant Name (I)rini) R�r- I-T. - r% Date Co -Applicant Name (prino-- Ca-Applicant Signature* Date Co -Applicant Name lPriw) Co -Applicant Signature* I Co -.applicant Name (Print). Co -Applicant Signature* Co -Applicant Name (I)rint) Date Daic Co -Applicant Signature* Date *Per my Signature, the information provided in this application :.I, correct to the be,.-,t (-,)f my knovviedge, I Duke Energy Page 10 of 13 Excavai ion Prograw, Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date TO: Duke Energy c/o Lake Services - EC 12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For (Subdivision and Lot #'s or Other Project Name) Lot 3 Somerset on Lkae Norman (Lake/County/City) Norman / Catawba Terrell (Applicant's full name) Russell Spindler hereby agrees to comply with all recommendations, requirements and/or conditions of Duke Energy, General Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the application to excavate for the purpose of a boat access for dock In addition, I/we have read and agree to comply with Duke Energy's current Shoreline Management Plan (SMP) or other applicable guidelines, much of which is repeated herein, and understand that written authorization must be obtained from Duke Energy prior to beginning any activity within the Federal Energy Regulatory Commission (FERC) project boundary or on Duke Energy property associated with a reservoir, collectively referred to as Project Boundary. The excavation will be completed as described in the approved application and within eighteen (18) months from the date of written approval by Duke Energy, unless specifically noted otherwise in the application or unless I/we obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy. I/we understand that if the SMP or other applicable guidelines or rules change during any extension period, I/we will be expected to comply with the new requirements to the maximum extent practicable. I/we 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 SMP or other applicable guidelines and the new application must include any applicable fees and security deposits. 1/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project Boundary 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 and written authorization from the owner(s) or lease holder(s) to carry out the proposal within the Project Boundary adjacent to their land. I/we 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, I/we have included proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the work on their land. Duke Energy Page 1 Rev: 4/6/2020 I/we understand that all excavation work must be done directly in front of my/our property and as specified in Duke Energy's approval. I/we 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. 1/we understand that for proposed excavations, I/we must notify the appropriate local, state and federal agencies in advance of the activity by sending them a completed copy of Duke Energy's Excavation Permit Application Form and other required information. I/we understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before I/we submit the final application to Duke Energy. At FERC-licensed reservoirs, Uwe 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 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. I/we understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife and other natural resources. 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 receive prior written 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 Duke Energy. 1/we agree that excavation activities 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. Uwe agree all excavated material will be placed in upland areas, landward of the Project Boundary, and confined to prevent erosion and sedimentation back into the lake or nearby streams. Duke Energy Page 2 Rev: 4/6/2020 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. I/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. 1/we 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. I/we 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 Energy; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. 1/we agree to provide my/our contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures. Uwe agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are discovered during the excavation, work shall be halted immediately. Uwe will then notify Duke Energy and the State Historic Preservation Office to determine what measures, if any, Uwe must pursue to protect or salvage the archaeological resources. I/we agree that any excavation from within the Project Boundary will not exceed the volume as outlined in the application and will remove and disturb only what is absolutely necessary to achieve the project's stated purpose. I/we agree to be fully responsible for the permitted lake use and I/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. Uwe understand Duke Energy representatives may issue Stop Work Directives for violations of the SMP or other applicable guidelines and 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 and other agencies as necessary, and to perform the necessary remedial actions within the specified time frame. Duke Energy Page j Rev: 4/6/2020 lvwe agree to develop any required mitigation plans and to complete any required mitigation activities at mt. "Our OUM expense within the specified time frames. Vive recognize that the excavation work is not considered complete and deposits will not be refunded until the Mitigation requirements (if any) have been satisfactorilyffilfilled. T"WeA—gree to notify Duke E : excavation is initiated and to ensure that durinu the ation pe (.4 -excav ,ri Ewe will.post Duke liner v,;WPr—o-.,allc!tgr-itiiclear %NlateMroof hn at the; iob site and visible from the �vater�'scdgye. I/We a notify Duke Ener- * Writing agree to noti. � gy in _Writing when the excavation is completed (including an', required mitigation measures) and that the excavation wVas completed per the approved application, so a close-out inspection can be Performed. Fwe recoo * ,,nize security deposits will not be refunded if ariv violations of the SNIP. offier applicable guidelines. or this user's agreement occur. Ii'we understand there will be no change in hydro project operations and or utilization of the excavated area. as a result ofThe excavation I/we agree to maintain the work area In a safe condition and to fully indeinniA, and save Duke Ener--Y harmless from any and all claims, liability, loss or damage that may arise from this excavation Project. Ilive understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that my_ um se and enjovent- of FERC project and Duke Energy lands and watersshall not hinder the general Public's lawful use and enjoyment of thesame. Sincerely. RV Sr- I I. P. --Vi� - P, Applicant's Name ( nn 6aAppficant's Name (Print) Co -Applicant's X ame (Print) CO-Applicani's Name (Print) C-o-Applicant's Name (Print) Pat, ,c 4 Co -Applicant's Signature Co -Applicants Signature CO-4plicant's Signatum 03-Appficanfs Signature w 3564-0694 FILED ELECTRONICALLY CATAWBA COUNTY NC DONNA HICKS SPENCER FILED Apr 07, 2020 AT 01:45:00 PM BOOK 03564 START PAGE 0694 END PAGE 0695 INSTRUMENT # 06440 EXCISE TAX $1,554.00 NORTH CAROLINA GENERAL WARRANTY DEED Excise Stamps: $1,554.00 Parcel IDlTax Lot Number: 4617-04-53-1436 Mail after recording to: Grantee's Mailing Address Prepared By: The Coley Law Firm, PLLC,10150 Mallard Creek Road, Ste 209, Charlotte, NC 28262 Return to: I Brief Description for the Index: Lot 3 of Somerset on Lake Norman THIS DEED made this I day of ,�'� I)V ., 6 2020 by and between: GRANTOR Wind and Water Development; LLC a North Carolina Limited Liability Company Forwarding Address: PO Box 365 Terrell, NC 28682 GRANTEE Russell Paul Spindler and wife, Susan Lynn Spindler Property Address: 3934 Granite Street Terrell, NC 28682 Mail to: 3934 Granite Street Terrell, NC 28682 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 the City of Terrell, Catawba County, North Carolina and more particularly described as follows: BEING all and the full contents of Lot 3, Phase I of SOMERSET ON LAKE NORMAN, as shown on a plat recorded in Book 47 at Pages 155-157 of the Catawba County Public Registry. Said property more commonly known as 3934 Granite Street, Terrell, NC 28682. Parcel no. 4617-04-53-1436 submitted electronically by "Thebeau and Associates" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Catawba County Register of Deeds. 3564-0695 If initialed, the property includes the primary residence of at least one of the Grantors. (NC GS § 105-3172) The property hereinabove described was acquired by Grantor by instrument recorded in Book 3459, Page 950. A map showing the above described property is recorded in Map Book 47, Pages 155-157 . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Enforceable easements, restrictions and rights of way of record. Current Year Ad Valorem Taxes IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. Wind and Water Dev., LLC (SEAL) By: Scott Oldenburg, Managing Member STATE OFFOUNTY OF SEAL -STAMP I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated herein and in the capacity indicated: Scott Oldenburg, Managing Member of Wind and Water Development, LLC, as Grantor Date: -Z " o07 c My Comm Exp: o' (,. T .V_ ! flicial Signat re of Notary Shatz, Notary's Printed or Typed Name R: d 1 SM` ProjectMame/address: 393'-1 V l �rclL a�iLo�a ����1t�a rx Panel #-. UlA6712 Q t - s parceliilot size (. e 1A , gp-u-e-s Oispmal area required (sq ft and/or acreages 16-Q I- ni I -a L Acknowledgement of ift6flcation I, r XaQ P-S Mr. arm aware that the site must adhere to all state regulations and rules reprd€ng sedi ent and erosion controland water quality. And give permission for Name of Individual and Corn to dispose of their dredge material at the above stated location owner.. Print Date; -- Along with form, please provide: Aerial of parcel/lot (County CIS) Photo of proposed spoil site Identified proposed spoil site Signature .0, _ . ..... ............... . .. f \ e ~ / \ / ~ / � 2 \ - / 01-4 / f 7 / p� / ' &1 7 / + STATE OF NORTH CAROLINA IREDELL COUNTY I certify that this map was drawn from an actual survey mode under my supervision The unadjusted ratio of precision as calculated is i': 10,000t Boundaries not surveyed, if any, are noted. Deed descriptions are recorded in oak, as Page shown .Witness my hand and seal this 4d' day of DUNE , 2019. ,`11111111111ftr AO�'' SE.; -sr L-3703 x_ h; RiiiH�14,` Professional Land Surveyor L-3703 NOTES: • ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES � lk- UNLESS OTHERWISE NOTED. • AREA BY COORDINATE COMPUTATION. , i ,LOC • PROPERTY SUBJECT TO ANY VALID & ENFORCEABLE EASEMENTS, RESTRICTIONS & RIGHTS OF WAY OF RECORD. • SURVEY IS BASED ON PHYSICAL EVIDENCE AND EXISTINGrLINIMONUMENT FOUND DURING THE SURVEY.• PROPERTY CORNER PIPE SIZES AS SHOWN ARE NOMINALINSIDE DIAMETER. TO BEARING I DISTANCE 1 N114'58'43" F 1 60.30 LEGE` ND L6 N78'30'12"W 170.16 LINES SURVEYED L7 I S54'19'38"E 82.82 LINES NOT SURVEYED — — — — --TIE LINESOVHD DISTRIBUTION LINE — — PIN 4668-30--1353(OVERHEAD) OAKRIDGE STORAGE, LLCR/W LIMITS------- D.B. 2521 PG. 2033� TRANSMISSION 0 NO MONUMENTATIONPOY(ER POLE UNLESS OTHERWISE q CENTERLINE NOTEDE PROPERTY LINE(F) DENOTES "FOUND" PIN 4668-20-8185(S) DENOTES "SET BRIDGES PROPERTIES, LLCNTS DENOTES `NOT TO SCALE" D.B. 1fi02 PG. 1912CONCRETE LOT #i-P.B. 36 PG. 150 % MONUMENT (F) N679940.48 FT E 1462951.44 FT NAD 83(2011) Q" 2oAIV PIN 4657-29-6642 ° BRIDGESPROPERTIES, LLC j °o 7;D.B. 1602 PG. 1912 rNr'^ 'a PIN 4667-39-0000 zo� /D.B. ARGOS USA LLC STAGING AREA0.227 2015 PG. 4981(CD) ACRE DUKE ENERGY TRANSMISSIO,Y DNE L7- TIE P�3-'��SMI L1NE(ONCY)SS /IyNAIL '�- (F) AT BENT P- #4 REBAR (F) N 679337.77 FT # _-`-y7g5 4+E L E 1462830.56 FT /REBAR (F)BENT NAD 83(2011) 571 ASS/pA,`-wGRAPHIC SCALE L PIN 4667-29-5304PCMF'ORLESS HOLDINGS, LLC D 75 150 D.B. 2180 PG. 1029 LOT jk2-P.B. 26 PG. 73 LNS FILE NO.: 57905DWG NO.: S1905SURVEYED BY: N.D. WHITL M FEET) (DRAWN BY: N.D. WHITL 1 inch = 160 f-L ICHECKED BY_ J.R. HOBE TAX IS 4CE %�FOR OF TLE R�r��`\\ SOURCE C)F TITLE REFER TO D.9K. 1602 PG 1912JPROPERTY OWNED BYBRIDGES PROPERTIES, LLC SURREY AND MAP PREPARED BY.SURVEY SHOWING LOCATION OF LAKE NORMAN SURVEYING STAGING AREA & MAPPING PUC #P-01a0 CODDLE CREEK TOWNSHIP IREDELL COUNTY, N.C. 137 Jennings Road, Suite C SCALE: 1"= 150' DATE P, JUNE 3, 3019 Statesville, North Carolina 28625 (704) 876-4450 Fox (704) 876-4451 F A BOOK: NA DATE OF MAPPING: JUKE 3, 2019 NG: Doc ID: 008889980003 TVDe: CAP Recorded: 11123/2004 at 01:28:00 PH Pee AM $674.00 Page 1 of 3 Exclse Tax: $654.00 Iredell county. Nc Brenda D. Bell ReaLster of Deeds B1 1602 PG 1912-1914 Excise Tax $654.00 Tax Lot No. Parcel Identifier No 4667-29-6642 and 4668-20-81854.34 Verifiedby............................................................................... County on the .......... day of ................................. , by........................................................................................................................................................................... Mail after recording to: Grantee This instrument prepared by: Lutzel, Gandy Broadway, PLLC Brief Description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 22nd.... day of November 2004, by and between GRANTOR I GRANTEE Donald Ray Snyder and wife, Bridges Properties, LLC Victoria A. Snyder, 628 Oak Ridge Farm Hwy a/k/a Mooresville, NC 28115 Vicotira A, Snyder Enter in appropriate block for each party; name, address, and, if appropriate, character of entity, e.q. 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. 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 the City of ..................................... Township, Iredell County, North Carolina and more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof The property bereinabove described was acquired by Grantor by instrument recorded in Book ........ Page ......... A map showing the above described property is recorded in Plat Book .......... . .... Page ............... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein - above described is subject to the following exceptions: All easements, restrictions and rights of way of record. Ad valorem taxes for the year 2005 and subsequent years not yet due and payable. All matters revealed by and accurate survey of the property. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s) by authority of its Board of Directors, the day and year first above written. C'yJ Name)`'----^ ) AL (Corporate :� � z Dona}(i Ray Snyd % By: .............................................................. -.,_�..(SEAL) ..................................... President Attest: Victoria A. Snyder .................................................. ...... (SEAL) ........ Secretary vW, No�� oTA � s Z9'1' u ,nu n,.o• ... ....... I ... I .......................................................... (SEAL) NORTH CAROLINA - I, a Notary Public of the County and State aforesaid, tern Snyder, Grantor, personally appeared before m s foregoing instrument. Witness my hand and o ial s My Commission Expires: Snyder and Victoria A. 'd tie execution of the tF� _ .......... --Notary (SEAL) NORTH CAROLINA, ......... _...... _.......... . COUNTY. I, a Notary Public of the County and State aforesaid, certify that ..... ........................... .......... ........... ....... ..... ............... ............... ..... ......... ......... Grantor, personally appeared before me this day and acknowledged that he/she is .............. ............. of ...................... ............................................................................................... ...... .... ......... ... a corporation, and that he/she as ...... ................ ......., being authorized to do so, exe- cuted the foregoing instrument on behalf of the corporation. Witness my hand and official stamp or sealthis .................. day of ..................................... 2004. My Commission Expires: .........Notary Public The foregoing Certificate(s) of, f% is/are certified to be correct, This instrument and this certificate arnduly. gist I at th d ' and time a.dthe Book and Page sk e first p e her F i ... ..... .. 7 .................. ....:... ... ster Deeds for.. - .County ............................................... .................. Deputy//'. iaaf -Register of Deeds -'b EXHIBIT "A„ TRACT 1: BEING all of that certain 6.49 acre tract located in Coddle Creek Township, Iredell County, North Carolina on NC Hwy 150 By-pass; being more particularly described as follows - BEGINNING at a point in the centerline of the 100 ft. right of way for NC Hwy I50 By-pass, said point being located North 36-17-36 East 2,458.39 ft. (Ground) from NCGS Monument "Run In" N: 206,469.354 meters E: 445,280,693 meters Dated: 1991 NAD 83, thence continuing from said point of Beginning and along the centerline of the light of way for NC Hwy 150, North 36- 22-16 East 561.58 ft. to a point; thence leaving said right of way and running with the line of Whitman property (now or formerly) South 64-06-48 East 49.80 ft. to an existing 94 rebar in the eastern margin of the right of way for NC Hwy 150; thence South 64-06-48 East 246.91 ft. to an existing 1 1 /2" pipe; thence continuing with another line of Whitman property North 40-19-43 East 305.92 ft. to ar. existing 1" pipe; thence North 71-18-07 East 121.51 ft. to an existing angle iron in the line of Evelyn Brown (See Deed Book 309, Page 337, Iredell County Registry); thence a new Iine of John W. Caffey, et at (see Deed Book 601, Page 538, Iredell County Registry) South 42- 31-26 West 221.12 ft. to an existing concrete monument; thence another new line of Caffey, et al South 15-00-41 West 614.81 ft. to an existing #2 rebar; thence with the northern line of Lot 2, Scott D. Burton Property (see PIat Book 26, Page 73, Iredell County Registry) North 74-59-17 West 572.00 ft, to an existing 92 rebar in the eastern margin of the right of way for NC Hwy 150, thence North 74-59-17 West 53.64 ft, to the point and place of Beginning. TRACT II: BEING all and the full contents of Lot No. 1 as shown on plat of Minor Subdivision for William Wallace Whitman Estate and recorded in Plat Book 36, Page 150, Iredell County Registry, to which plat reference is made for a more fiiil and complete description of said lot by metes and bounds. rrA w � G