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HomeMy WebLinkAbout20200059 Ver 1_Shoreline Stabilization_20200109pC CJoC v w �J 7 State of North Carolina Department of Environment and Natural Resources Division of Water Resources Water Resources 15A NCAC 02H .OSOO — Water Quality Certification, Shoreline Stabilization ENVIRONMENTAL QUALITY FORM: SSGP 02-2017 Shoreline Stabilization Application Form 0 00 Three copies of the application (including attachments) and the application fee should 17 If sending via US Postal Service If sending via delivery service (UPS, Fed ,ro Karen Higgins Karen Higgins DWR-401 & Buffer Permitting Branch DWR-401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 512 N. Salisbury Street Raleigh, NC 27604 A. Applicant Information [15A NCAC 02H .0502(a)] 1. Owner Information Name: Mailing Address: Telephone Number: - - (O Fax Number: E-mail Address: C1D 4 C,_ rnOLd Y t^ 2. Agent/ Contact Person Information ?U C ' cL /Jo A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signed this application form. (A form can be downloaded here: htto•//www saw usace army.mil/Portals/59/dots/regulatory/regdocs/Permits/SAMPLE AGENT AUTHORIZ Name: 1 Mflr Company Affiliation: Mailing Address: Telephone Number: - Fax Number: E-mail Address: donria.kCtYICCL54- rdOC B. Project Information [15A NCAC 02H .0502(a) & (b)1 1. Attach 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. 2. Provide a detailed site plan showing property boundaries and proposed locations of vegetation clearing, buildings, retaining walls, docks, impervious surfaces, rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the diagram provided at the end of this application form. 16C. FORM: SSGP 02-2017 Page 1 of 3 . ��> - , .. ., ".n '". t t ! :.{ � n _. k. � � e 3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort- a yard stick, shovel handle, etc.) 4. Location of the property (where work is to be conducted) County: �1Y1CC1�Yl Nearre(stTown: ��Yl�/eY �5her/7 / �pyLi Lake/ river/ ocean adjacent to property: Norman an Property size (acres): ' ZZ6 OLCre5 Subdivision name or site address (include phase/lot number): Directions to site - please include road names and numbers, landmarks, etc.: Latitude (in decimal degrees) 35. 5A-73Longitude (decimal degrees)-80._77q 14- 5. Describe the existing land use or condition of the site at the time of this application (residential, undeveloped, etc.): d2cj1(Aery l Q k 6. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): 7. Will work be conducted from land? ❑ From water? 2 8. Total amount of impacts below the normal pool lake level / Normal Water Level impacts (i Temporary impacts in square feet: rip rap, retaining walls, etc.) in square feet: 9. Total amount of impacts above the normal pool lake level / Normal Water Level and 50 feet land -ward Permanent impacts (including back fill, excavatior), rip rap, retaining walls, etc.) in square feet: Temporary impacts (temporary clearing, construction corrjdor) in square feet: 10. Please describe the vegetation above the normal pool lake level/ Norm I Water Level and 50 feet landward to be impacted (number of trees, for instance): I012e� 11. Signature /2-13-19 Owner/Agent's Signature [15A NCAC 02H .0502(f)l Date Agent's signature is valid only if an authorization letter from the owner is provided. FORM: SSGP 02-2017 Page 2 of 4 12. Please approximately sketch the following information on this plan and provide dimensions for each item: a. All proposed vegetation clearing b. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation c. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation d. Location of any proposed structures such as buildings, retaining walls, docks, etc. e. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation Full Pond/ Normal Water iiiiii� g✓• iiiiii� iiiiii� Shoreline Plan View FORM: SSGP 02-2017 Lake (At Full PonX/�Noorm 6 Water Level) ' 1 d' 1 t �� i Lake 'Ai Fu°°an°�Noioi1N4tr1"�' Existing Dock zwftx7h �•�.^�—ram '� r� �—:r: Page 3 of 4 w a� J La ke d (At Full Pond/ Normal Water Le el) 03 N c v/ E Z n r0. -0 U c Side ViewCL 3 ft. below full pond water level 4 ft. above full pond water level 2 ft. additional clearing -if necessary Existing bank 10 ft. bank height Side Vi AMPLE FORM: SSGP 02-2017 Page 4 of 4 Go gle Maps Mooresville, NC to 5084 Waterside Cir Drive 14.8 miles, 28 min Mooresville North Carolina Take NC-150 W to Keistlers Store Road in Lake Norman of Catawba 24 min (13.8 mi) 1 1. Head southwest on N Main St 0.1 mi f' 2. Turn right onto W Iredell Ave 0.9 mi '7 3. Turn left onto NC-150 W/E Plaza Dr 0 Continue to follow NC-150 W 0 Pass by Zaxby's Chicken Fingers & Buffalo Wings (on the right in 2.1 mi) '1 4. Turn left onto Slanting Bridge Rd 10.7 mi 2.0 mi Continue on Keistlers Store Road. Take Mountain Shore Dr to Waterside Cir 41 5. Turn left onto Keistlers Store Road 4'1 6. Turn left onto Mountain Shore or 3 min (1.1 mi) 0.3 mi 0.5 mi 1 7. Turn right onto Channel Dr/Channelview Dr 0 Continue to follow Channelview Dr 0.1 mi *1 8. Turn left onto Waterside Cir 0 Destination will be on the left 0.1 mi 5084 Waterside Cir Sherrills Ford, NC 28673 These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. January 6, 2020 0 100 200 F 1 inch = 65 feet Lincoln County Summary Property Record Card 2019 Tax Values Parcel 77252 Map 4616 Pin 4616-10-6053 Acres 0.582 Subdivision 10 MALIBU BEACH Plat Book -Page C - 81 OWNER INFORMATION Owner Name: FROST CLIFFORD P Deed: 2458-717 FROST REBECCA3 Mailing Address: 9721 ST BARTS LANE Deed Year: 2014 HUNTERSVILLE NC 28078 Account: 0251874 Deed Acres: Fire District: DENVER Mapped Acres: 0.582 Township: CATAWBA SPRINGS Neighborhood: 0516A Land Market Value: $349,275 Description: 10 MALIBU BEACH Improvement Market Value: $162,707 Category: REAL Total Market Value: $511,982 Sales History Deed Sales Date Type Sale Price Qualify Stamp Deed Name 2458-717 05/30/2014 WD $458,000 916 FROST CLIFFORD P AND REBECCA I FROST 1166-448 03/31/2000 WD $115,000 B 230 WOLFE, DARRELL B & PAMELA C WOLFE 970-711 12/30/1996 WD $0 E CAUDLE, LLOYD C Land Segments Segment Zone Code Land Type Land Code Quantity Land Use Acres 1 R-SF AC WF 0.582 0.000 2 R-SF Si WS 1.000 0.000 Improvements Improvements Improvement Number: 1 Description: RANCH Quality Grade: C+10 CDU: VG Year Built: 2000 Stories: 1 Rooms: 6 Bedrooms: 2 Bathrooms: 2 Half Baths: Heat/Air: Heat Pump Main Finished Area: 1,692 Fireplace Count: 0.0 Fireplace Type: Rec. Room: Basement Type: Basement Square Feet: 0 Finished Basement 0 Square Feet: Unfinished Basement 0 Square Feet: Market Value: $145,616 Physical Address: 5084 WATERSIDE CIR Miscellaneous Improvements Improvement Description 2 PIER SX151 & 1OX16 3 PLANK 20 X 4 4 DOCK 12 X 12 5 SHORELINE IMPROVEMENT 6 STORAGE BLDG 10 X 16 Area Year Built Market Value 915 1980 $4,941 80 1980 $528 144 1980 $951 190 1980 $9,500 160 2009 $1,171 9/17/2019 2016 Low WaterJPG I. � 4 f` At ` .. https://mail.gaogle.corn/mail/W0/Xsearch/cpfmst%40r ner.com/FMfcgxwDrHgWRrhwGHjL.QQvtVDdobgbc ct--I&meesagePaMddl.l � 1/I 9/ 17/2019 IMG 0227(I)JPG https://mail.google.com/mail/u/O/#seamh/cpfmst%40r finer.com/FMfcgxwDrHgWRrhwGHjLQQvtVDdnbgbc ctomI&me mgePartld=0.4 1/1 9/17/2019 2019 High Water jpg https://mail.gmgle.com/mail/ut0/#s h/cpfmst%40n nercom/FMfcgxwDrHgVAtrhwGHjL,QQvtVDdnbgbc ;tor-1&messagepartld=0.1 I/1 ,r r • „ram -low- CATAWBA RIPARIAN BUFFER NOTIFICATION FORM Project Name1+ Mr/address:_Irrb� 5084 W0. •61ti , [ County: L VICZIh Owner: l _l II1err� Il6 (1 Contractor/agent: �Ignature Q✓'� ftyl('fi �y-- � Print The approval is for the purpose and design described in your application. Impacts not indicated in the application is a violation of the Buffer Rule. Site specific work should be provided in the application. [15A NCAC 02H .0506 and 15A NCAC 02B .0243(8)] Trees are not allowed to be removed from Zone 1 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. [15A NCAC 02B .0243(6)] Benching, grading in the buffer is not allowed. Excessive disturbance of ground cover. [15A NCAC 02B .0243 (6)] 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. [15A NCAC 02B .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 02H .0502 and 15A NCAC 026.0243 (4), (6), (8)] Stormwater 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 the buffer directed as diffuse or sheet flow at non -erosive velocities to the lake. [15A NCAC 02B .0243(5), (6)] Acknowledgement of Notification 11 ( I I - Er� T, ` ' 04 hereby state that I have been informed of the Catawba Riparian Buffer Rule. Any work conducted in the buffer, not specifically stated in the 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 specification(s), and other supporting materials. Signature (owner): Date: .,. .. , .. .. � .t . .,.. t� 'ri. °, � . • � i S Duke Energy Lake Services Guidance for Completing an Excavation Permit Application Step 1: Contact Duke Energy Lake Services Complete "Part I" of the application and contact Duke Energy Lake Services to schedule a site visit. Lake Services will conduct a site visit to determine if Duke Energy will accept an excavation permit application for the proposed work. If the Lake Services representative determines the application process may proceed, he/she will initial Part I of the application. Step 2: Draft Application Development Complete Parts II-HI.A-G and Part V of the Excavation Permit Application. Note: If you are proposing excavation in association with the permitting of a facility under the Marina or Conveyance Programs, you do not need to complete this application. Instead, you should incorporate the excavation request into the permit application for the marina/conveyance using the appropriate application forms. Step 3: Agency Consultation Send the draft application developed during Step 2 to the agencies for review and comment on the proposed activity. Refer to the Agency / Organization List available from Duke Energy to determine which federal, state, regional, and local agencies and organizations require consultation or review. Note: Duke Energy reserves the right to require consultation with additional organizations beyond those included in the Agency / Organization List. Each agency / organization must be provided at least 30 days prior notification. Evidence must be provided (e.g., response letter or Certified Mail receipt) in the complete application to show each agency / organization was given the opportunity to review the proposal. Consultation letters must be dated within the two years preceding Duke Energy's receipt of the application. All permits must be valid at time of application and have a term longer than the projected schedule for completing the permitted project. What to Expect During Agency Review and Comment: • You will typically receive a letter from each agency / organization either documenting its concurrence with your proposal, requiring additional information, recommending modifications, or offering no comment. You must address each agency's / organization's comments with a follow-up letter and in your final application as described in part IV. • If you do not receive any documentation from an agency / organization within 30 days of its receipt of your proposal, you must provide the agency / organization with a follow-up letter requesting comment on your proposal within 15 days from the date of the follow-up letter. If you still do not receive any response as a result of the second letter, type "NO RESPONSE" at the top of the follow-up letter and include it in the application along with proof of the agency's / organization's receipt of the letter (e.g., Certified Mail receipt). You may proceed Duke Energy Page 1 of 14 rev 6�Am Excavation Program with the application process recognizing, however, that if its comments come later in the application process, you will be required to address them. • From the United States Army Corps of Engineers (Corps): (** Note — The Corps may have additional forms to submit for your proposal and an additional fee.) If the excavation can be done under the requirements of the General Permit (GP) or a Nationwide Permit (NWP), you will typically receive a copy of the Corps' tear sheet documenting authorization and providing any additional instructions. If the excavation isn't covered under the GP or a NWP, you'll be required to obtain an individual 404 Dredge and Fill permit from the Corps. You must receive written documentation from the Corps that your application either (1) meets the requirements of the GP or a NWP or (2) the proper 404 Dredge and Fill permit has been received before Duke Energy can process your application. From the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources: (Note NCDEQ may have additional forms to submit for your proposal and an additional fee.) If the proposal meets the requirements of the Clean Water Act Sect. 401 Water Quality Certification, you will typically receive a letter from the NCDEQ Division of Water Resources documenting Sect. 401 Certification and providing any additional instructions. You may also receive a letter requiring additional information or recommending modifications. You must receive written documentation from NCDEQ noting any required Sect 401 Certification has been received before Duke Energy can process your application. • From the North Carolina Wildlife Resources Commission (NCWRC): If you do not receive any documentation from the NCWRC within 30 days of their receipt of your application, you may proceed with the application process without submitting a follow-up request, recognizing however if comments come in later in the application process, you will be required to address them From the South Carolina Department of Health and Environmental Control (SCDHEC): (Note — SCDHEC may have additional forms to submit for your proposal and an additional fee.) The SCDHEC conducts a joint application process with the USACOE in S.C. If the proposal meets any applicable requirements of the Clean Water Act Sect 401 Water Quality Certification, you will typically receive a letter from SCDHEC documenting Sect 401 Certification and providing any additional instructions. You may also receive a letter from USACOE requiring additional information for the agencies participating in the joint application process. You must receive written documentation from SCDHEC noting Sect. 401 Certification has been received if required before Duke Energy can process your application. • From the South Carolina Institute ofArchaeology and Anthropology (SCIAA): The applicant must wait 30 days after receiving the signed postal returned receipt If a response from SCIAA has not been received by this time you may proceed with the application process without submitting a follow-up request, recognizing however if comments come in later in the application review process, you will also be required to address them. Step 4: Final Application & Submittal to Duke Energy Duke Energy Page 2 of 14 6rzoii� Excavation Program. Following the consultation process, finalize the application. The final application submitted to Duke Energy should incorporate all comments and recommendations provided by agencies and organizations during the agency consultation process as well as copies of all permits received. In addition to the final application include the following: • One check payable to Duke Energy for the application fee and security deposit • If applicable, a separate check payable to the appropriate Habitat Enhancement Program fund • Signed Excavation Program Applicant's Agreement Note: Co -applicants must also submit the application fees and HEP fees, if applicable, with the application. Duke Energy Page 3 of 14 rev 6=17 Excavation Program. Duke Ener¢v Excavation Permit Application Form FOR Duke File No. Application Fee $ Security Deposit S Check # Date Recv'd Initials Date of Duke Energy Lake Services, applicant and(or contractor on -site inspections Date' f'7 htitials r l 3 Date Final Protection/Avoidance Area Markings Field - Verified Initials Approved to Start Work By • : Date (prod) (59n) Date Completion Required Date of Any Approved Extension Initials Date Passed Closeout Inspection' lamals Any Stop Work Orders or SMG Violations*? (check one) C]Yes ONo (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) tack to applicant with Orden Appwio l Le yen and highlight any changes. File copies of Approval and Close -eat Checklists and say Stop Work Part I. Applicant Information (Please Print) Name C� 1 tip yr �P Frp Telephone LC4 57B - r5 i0 Email address: LP SnrAb - (q. trpgdw-gnner• COM Lake Address Mailing Address fd5QA4 \N9krs►deI P721 4A RnSherri Ile C-drd, N . 75�.,`1.3 1-�url} ri 11 , NG 7,R�7A Contractor Company aVl('n t"S r 16iDm Dec 4,9 Contractor Contact Person nnanrlca ice. 1-1 rig O Telephone (W lo2,Q-(ppq (n Contractor Email Address: AC) V1 V,n _ I A ,n A ^ I Ul /5l ., / LAKE LOT INFORMATION Lake County Li nco In City r StateNG Tax Map No. 4W-ip-4,053 Subdivision MQ1i b / Bear h Lot /Section No. �U Lot Size5WAcres Duke Energy Page 4 of 14 Excavation Program. reap Duke Energy Excavation Permit Application Form Are there any Co -Applicants*? (check one) OYes Wf o (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 FZ 41l11 Initials (Duke Energy) 6477> (applicant/contractor) Duke Energy Page S of 14 rev fiW17 Excavation Program. Duke Energy Excavation Permit Application Form Part U. Description of Project A. Basic Info 1. Type of excavation: (check one) fflNew excavation O Maintenance excavation 2. Purpose of excavation: (check one) Boat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel ❑ Other (spec): Lake user category: (check one) liii nvate ❑Residential Marina ❑Commercial Marina OPublic ❑Other (spec): 4.. Max. Ex a63on Area Dimensions (li): Length �_ Width 40 De CCJJ (Note: include additional area dimensions if necessary so response to #5 below equals max. area dimensions in 49) 5. Volume of Excavated Material (TOTAL for the project): 183 Cubic yards 6. T ype�of material removed (applicant determines by field sample ifpractical):_ 7. Excavation Site area: , 514 Acre (s) Disposal Site area: .64 Acre (s) 8. Total Disturbed Area (including equipment staging area):. 09 14 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) [1es ❑No 10. Do you claim title to the disposal area? (check one) OYes BN 11. Do you claim title to the equipment staging area? (check one) ❑Yes ONo 12. Are there any water-treatm dities within 50 feet of the proposed excavation area? (checkone) OYes ONo (If Yes, spec): 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion Sposal bi and disposal area Duke Energy Page 6 of 14 m &M17 Excavation Program. Duke Energy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: Lna r r h eXCQVa i n r 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) C311es ONO 16. Will return water re-enter the reservoir? (Check one) ❑Yes ❑No p6A (If Yes, spec fy 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? ❑Yes MNo * Lx%tr"V% Q,erP,bocY-,tp be re"O"ed. (If Yes, specify the existing perm.t manber. 7 No, include a scaled drawing of the proposed facility). Permit 510! �ETp be_,re-mOVed t, reptctced. 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START —021 / ,&Q_ FINISH 0 2) / -ZL- (Month) (Year) (Month) (Year) Duke Energy Page 7 of 14 Excavation Program. rev 62Wt7 Duke Energy Excavation Permit Application Form Part II. (Continued) B. Protection / Avoidance Area Description Complete the following table including all land areas within and immediately adjoining the disturbed area: Protection/Avoidance Areas check all that Aoprox Acre Identification Method * Avoid (A) or Mitigate Field ID Work Area Dwr, ID ** a. Marshland, swamp, ponds, beneficial aquatic vegetation or other potential wetlands (circle all that apply) f � /p /riy b. Buffer Zones (spec6 width & source of requirement) red r W t ll be ��' ' Ct.(LO►1 i firo m eYIr a ��iO'' wo t1 rbeiyansWCV pia i.t�aded o� die sl Et -trrxPor+eds- posal slat.- _ - c. Environmental Areas as identified by Duke Energy N/n d. Natural Areas as identified by Duke Energy �YA l/k e. Historic properties (specify) Duke Energy Page 9 of 9 ,cv 216/17 Excavation Program Duke Energy Excavation Permit Application Form f. Rare or threatened species (specify) /•/A _ a. Buried gas, water, sewer, communications or electric lines (circle) /� h. Impact Minimization Zones as identified by Duke Energy '/� A , v 1. Other areas requiring specific avoidance, protection or mitigation (spec6) /A - * For "Field ID" column, specify entity or person that performed the identification and how it was physically marked (e.g. Duke Energy (John Doe)/Pink and purple -dotted tape, Corps of Eng. (John Smith)/ yellow flagging). For "Work Area Dwg ID" column, show the symbol that is used on the drawings to identify the protection/avoidance area. Duke Energy Page 9 of 9 my zien 7 Excavation Program Duke Energy Excavation Permit Application Form ** List and attach mitigation plans Duke Energy Page 10 of 9 rev 2/6/17 Excavation Program Duke Energy Excavation Permit Application Form C. Applicant's Signatures Comments: Applicant Name (print) l � I �TDY d (r O5 Applicant Signature* Date a-13-19 Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co-Applicaut Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date *Per my signature, the information provided in this application is correct to the best of my knowledge. Duke Energy Page 11 of 14 rev MP Excavation Program Duke Energy Excavation Permit Application Form Part III. Information Requirements for All Applicants In addition to the completed application form PARTS I & U, the following items must be provided to Duke Energy by all applicants: 'Al"'A copy of the deed and registered survey plat or other instrument under which each applicant and co -applicant claims title to the affected property (the shoreline adjoining the excavation area, equipment staging area and the disposal area), OR if the applicant(s) is(are) not claiming to be the owner(s) of said property, then forward a copy of the deed and registered survey plat or other instrument under which the owner(s) claim title plus written authorization from the owner(s) to carry out the project on their land. An accurate scaled drawing (1'=25' for projects <1000 cubic yards of material removed or 1"=100' for larger projects) of the area to be excavated. The drawing must show at a minimum, a North arrow; a vicinity map; the boundaries and acreage of the proposed excavation area and equipment staging areas; lake, county, city, cove, tributary, road and subdivision names and lot numbers (as applicable); property corners for project front lots; the full pond elevation contour and lines dividing the cove width into equal thirds; approximate volume in cubic yards of the material to be excavated; point(s) of return water re-entry; the boundaries of any adjoining areas that are to be specifically avoided or protected during the work and the location (address) of the disposal area for the excavated material. [NOTE: A copy of this drawing most also be provided to the excavation contractor to ensure restricted areas are not impacted.] f� An accurate scaled drawing (F"=25' for projects <1000 cubic yards of material removed or 1 '=100' for larger projects) of the proposed design for the disposal area. The drawing must show at a minimum, a North arrow; a vicinity map; the boundaries and acreage of the proposed disposal area; lake, county, city, cove, tributary, road and subdivision names and lot numbers (as applicable); the full pond elevation contour (unless disposal is well away from the lake); the boundaries of any adjoining areas that are to be specifically avoided or protected during the work; the location (address) of the excavation area from which the material came and a statement of the disposal area's capacity with all dimensions labeled that were used in the volume calculation. [NOTE: A copy of this drawing must also be provided to the excavation contractor to ensure restricted areas are not impacted.] Also note for projects larger than one (1) acre in North Carolina, including excavated, equipment staging, and disposal areas, you must submit an erosion control plan. For projects larger than two (2) acres in South Carolina, including excavated, equipment staging and disposal areas, you must submit an erosion control plan. For projects < two (2) acres in South Carolina, you must submit a completed standard portin form for construction sites disturbing two (2) acres or less to the South Carolina Dept. of Health and Environmental A map or directions by road showing directions to both the excavation area and disposal area. Duke Energy Page Excavation Program 12 of 14 rev2!6/17 Duke Enq= Excavation Permit Application Form A USGS topographic map with a directional arrow indicating the exact location of the excavation project and Latitudinal and Longitudinal coordinates for the project site. 7 A list of names and addresses of adjoining property owners for both the excavation area and disposal area G. The existing permit number if excavation is being conducted to maintain access to an existing facility (e.g. pier) or provide an accurate scaled drawing of any proposed facility if a facility does not currently exist. Note: A separate application and approval is required for proposed Private Facilities (e.g. pier). H. A copy of all permits and/or letters of correspondence to/from local, state and federal agencies that require notification or issue individual permits. Duke Energy Page 13 of 14 revs Excavation Program Duke Energy Excavation Permit Application Form Part IV. Agency Reviews and Approvals (Begin this section with a summary table of all agencies consulted, comments received and applicant response to agency comments (see example table below). Agencies should be listed in the order shown in the Agency/Organization List. Consultation letters must be dated within the two years preceding Duke Energy's receipt of the application. Table IV-1. Sam leAgency Comment and upain nse Tabl ency Ag-e-acy Comment e Applicant Response Agency 1 The activity is approved as — NA proposed. osed. Agency 2 The on -site well provides drinking Contacted Mr. Smith on 1/1/20xx. water to the public. Please contact No further action needed. Mr. Smith to discuss the proposed changes and potential issues associated with your proposal. You must contact us immediately if Applicant will contact Agency 2 if endangered species are located endangered species are located during the course of construction. during construction Agency 3 Requested agency comments on NA 1/l/20xx and again on 2/l/20xx. No response as of 2/16/20xx. Following the table of agency comments and applicant responses, include a table of permits and certifications issued by the reviewing agencies. As with the table of agency comments and applicant responses, agencies should be listed in the same order as they are listed in the Agency/Organization List. Table IV-2. Samle Agency Permits snA rr-t a. - — -- - raaavgaavaaD iRY�G Agency PermWCeriifieadon Name Date of Date of Agency 1 Surface Water Withdrawal Permit Issuance Expiration Agency 2 Section 401 Water Quality Certification - - 1 --7 Fotlowing the two summary tables, include a copy of all correspondence to and from any local, regional, state and federal agencies or other organizations with which you are required to consult, including any required permits (e.g., Section 401 water quality certifications; Section 404 dredgeffill permits, building permits, etc.) or other approvals or comments which have been obtained from these organizations regarding this activity. Include a copy of any local regional, state or federal regulations or guidelines that will be followed. All permitting issues must be resolved and clearly documented Correspondence should be organized in the order the agencies are listed on the 4gencylOrganization list with the applicant's request for comments followed by additional correspondence in chronological order. All permits must be valid at time Duke Energy Page 14 of 14 rev Z/6/17 Excavation Program Duke Ent= Excavation Permit Application Form of application and have a term longer than the projected schedule for completing the permitted project. Part V. Additional Information (Provide any relevant additional information. Reference previous parts as applicable. Include the FERC-required Environmental Assessment if applicable. If there are co -applicants, this is where their information would be provided) Duke Energy Page 15 of 14 �w7Jb/i9 Excavation Program BK 2458 PG 717 - 719 (3) This document presented and filed: 05/30/2014 03:10:12 PM DEED Fee $26.00 Transfer Tax: $916.00 621271 iI 111111111111111 Lincoln County North Carolina Danny R. Hester, Register of Deeds aL (3 I GENERAL WARRANTY DEED Excise Tax: $ 916.00 Tax Parcel ID No.: 77252 Verified by: Lincoln County on the _ day of 20_ By: Mail/Box to: Grantee This instrument was prepared by: Kevin Donaldson, Attorney at Law, Jones, Childers. Mclurkin & Donaldson, PLLC, 149 Welton Way, Mooresville, NC 28117 Brief description for the Index: THIS DEED, made this the 28th day of May, 2014, by and between GRANTOR: Darrell B. Wolfe and wife, Pamela C. Wolfe whose mailing address is : 5084 Waterside Circle, Sherrills Ford, NC 28673 (herein referred to collectively as Grantor) and GRANTEE: Clifford P. Frost and wife, Rebecca J. Frost whose mailing address is :9721 St. Bart's Lane, Huntersville, NC 28078 (herein referred to collectively as Grantee) and WITNESSETH: For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby gives, grants, bargains, sells and conveys unto Grantee in fee simple, subject to the Exceptions and Reservations hereinafter provided, if any, the following described property located in the City of Township of Catawba Springs, County of Lincoln, State of North Carolina, more particularly described as follows: BEING all of Lot 10 in that certain subdivision known as Malibu Beach as shown on plat recorded in Map Book C at Page 81 in the Office of the Register of Deeds for Lincoln County. Said property having been previously conveyed to Grantor by instrument(s) recorded in Book 1166, Page 448, and being reflected on plat(s) recorded in Map/Plat Book C, page/slide 81. All or a portion of the property herein conveyed Z includes or — does not include the primary residence of a Grantor. TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, in fee simple, subject to the Exceptions and Reservations hereinafter and hereinabove provided, if any. Revised December 17, 2009 BK 2458 PG 718 DOC# 521271 And Grantor hereby warrants that Grantor is seized of the premises in fee and has the right to convey same in fee simple, that title is marketable and is free and clear of encumbrances other than as set forth herein, and that Grantor will forever warrant and defend the title against the lawful claims of all persons or entities whomsoever. This conveyance is made subject to the following Exceptions and Reservations: 1. ANY AND ALL EASEMENTS, RIGHTS OF WAY AND RESTRICTIONS OF RECORD. 2. ANY AND ALL ZONING AND PLANNING ORDINANCES. All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. zA'� (SEAL) Darrell B. Wolfe�������5`� (SEAL) Pamela C. Wolfe , County of Iredell 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Pamela C.Wolfe. 5, Date: 27-1 y &,- . Notary. Public Qnf�;n Notary's Printed or Typed Name My Commission Expires: q—.U- ;20 ( �g Revised December 17, 2009 Seal) :o o _ NOTARY PUBLIC (SEAL) (SEAL) BK 2458 PG 719 DOC# 521271 STATE OF NORTH CAROLINA, IREDELL COUNTY: 1, Robin Kale Robinson, a Notary Public of Catawba County , State of North Carolina, do hereby certify that Pamela C. Wolfe, Attomey-in-Fact for Darrell B. Wolfe, personally appeared before me this day and being by me duly sworn, says that Pamela C. Wolfe executed the foregoing and annexed instrument for and in behalf of Darrell B. Wolfe, and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged and recorded in the office of the Register of Deeds for Lincoln County, North Carolina, and that said instrument was executed under and by virtue of the authority given by said instrument granting her power of attorney; that the said Pamela C. Wolfe acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said Darrell B. Wolfe. WITNESS my hand and official seal, this 276'day of May, 2014., My commission expires: 4-22-2016 "Oat o: ewr Robin Kale Robinson ' Notary Public -� NOrARY z! PUBLIC ���i/ /COUN\` 61, y mars o 8 wol.nkie CW.• Wcinity Map SITE Not to Scale• Ae Legend„Q,QJ�� CVO of....Corner 0 p .. Concrete Monument as Described o .,..Calculated Point (CP FS...,.Franl Setback e u♦ � o SS !.Side Setback RS.....Rear Setback ��� �• q' ONE —Overhead Electric R/W...Righl of Way to, 5 pp Pole nn,� V_.•0e Rebar I Rabar Found LINE TABLE LINE LENGTH BEARING Ll 58.74 SIB'13'281E L2 50.63 N38.58'0S'E L3 5044 N47.56'56'E L4 6139 S16.0rVSB'ld 1, Mark S. Pence , Certify that this Pict was drawn under my supervision from an actual survey made under my supervision, (Deed Description recorded in Deed Book 1166 Page 448); that the Ratio of Precision is 1:10,000 + as calculated, that the boundaries not surveyed are shown as broken lines plotted from information as referenced hereon; that this Plat was prepared in accordance with.G.S. 47-30 as amended. Witness my hand and Official Seal this �the 9th day of May, 2014. XJ . Q-===- N. C. Professional Land Surveyor L-3680 Project # 140506 04 Rabar Found GRAPHIC SCALE o �o ; eo 1 Inch = 40 1L e � J j15 #4516010-6181 Now or Formerly Rebar Ronald & Shelley Kukurudo Found Deed Book 2124 Page 55 / Malibu Beach Subdivision Plot Book C Page 81 "Q/ Cafe/ Wall t0� S, rv,e. 10 �aete—lo—sass 0.544 Acres `\ yFs 23,704 Sq. Ft. #46151 9-6925 Now or Formerly Tim Wyalett Deed Book 2118 Page 229 Malibu Beech Subdivision Plot Book C Page 81 ♦�tt{11111111f1rr\ ♦ E ri �����.'GFESStpN ' 2Q SEAL��, ?. L-3680 9'Z yp2 , sJB99klS;rP�` 1/2' Iron Pipe Found slave /I 04 Reba, Set 15WO Steps e Stop+ 13 S d4 Reber Found 85 Rebar Found Boundary & Physical Lot Survey of Lot #10, Malibu Beach, prepared for Cliff Frost & Rebecca Frost Catawba Springs Township, Lincoln County. Sherrills Ford, N.C. Scale 1"= 40' - Date of Survey May 8th, 2014 Reference Parcel #4616-10-6053 — Deed Book 1166 Page 448 Lot #10 Malibu Beach, Plot Book C Page Bt Property Address: 5084 Waterside Circle, Sherrills Ford, NC 28573 Current Owner: Darrell & Pamela Wolfe, 5084 Waterside Circle, Sherrills Ford. NC 28673 PIEDMONT DESIGNASSOCEATES. P.A. ENGINEERING - SURVEYING - PLANNING 128 B. Plexa Dr., Suite )01. Mooresville, N.C. 281L6 Phone (704) 664-7888 Fax (704) 684-1778 m R a Steps Surveyor's Notes • Current Zoning: R—SF • This Property Does NOT Lie in o Special Flood Hazard Arco Per FEMA Flood Insurance Rote Mop. • Area Computed by the Coordinate Method • This Survey was performed without the benefit of Title Search and is therefore subject to any Easements, Restrictions and/or Rights —of —Ways of Record. Pier Dock Field Located Top of Rip Rop Lake Norman Site Benchmark NGVD 29' Elevation on 5/8/14 - 757.70' CURVE TABLE CURVE LENGTH RADIUS CHORD BEARING CHORD CI 50.36 194.28 N32.34'241E 50.22 LU' Dredge Disposal Area 1162 River Highway Mooresville, NC 28117 D • t •r�rv� �`Y. . 1 �S: � .� � �, .,. ,"p� � ► ,rib '�'�; � !'' ka It •04 » r yr' .F.'�' Ik 4 • ?., e 6 '4 ,�,�p��,,1j' - t Ix _. Z..� _ 1.1C4.t_s�, Yid `1 4ti1M j�`� DUKE ENERGY DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site canbavea big impact on permitting processing time. Please complete this form and return it along with your completed application to: DUKE ENERGY C/O LAKE SERVICES — EC 12 Q 526 SOUTH CHURCH STREET CHARLOTTE, NC 28202 Applicant's Name: Clifford P Frost Street Address (at lake): 5084 Waterside Circle Lake Name: Norman Subdivision Name: Malibu Beach Property Section: Lot #: City: Sherrills Ford County: Lincoln State: Telephone: 704-578-2526 Zip: 28673 Directions (from major road or highway): From NC-16 NB, Right onto St. James Church Road, Continue straight across NC-16 Bus on Will Proctor Rd, Right onto Campground Road, Right onto Kestlers Store Road, Left onto Mountain Shore Drive, Right onto Channel Drive, Left onto Waterside Circle. Property is on the left Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc.) *Note: Please use the back of this form if desired to draw us a map to the site. US,OEPAITMESiOETOEE7ERIOR yr„Iw LQNORM.tNSORMQUADUNGLE m`a E'.SGEOLOGIC4SLi M (��r� Iiomatow od 1,EIUINESE B ftw.WN&WwI GiI"" 4YGb`¢INNBII. YIYaM ISweNlabl,inYp i?. nmw..e hYmru.sa..sna IM Yp T. 14 _ W p1 Y!N_.. JY��fYann 4Ya.. _ YYnl�WaO K/lE 11J000 li W LY G'•.. .G W :i 50BA WoL+erside brcle, 5�,er-4115 rord, NC, ZS 10-7 3 tLIMY *w IpnM6YMIn14Mffm h�� IoIYlYn+Yh W4geYAyeN'miweYaMl _' aasYhmaf.�xrx.: afav[ f I' iwwnw� G06�if4'd iaYllYl� �� LUE NOMN NORTH, NC M Frost 5084 Waterside Circle Sherrills Ford, NC 28673 Excavation Neighbors Ronald & Shelley Kukurunda 5090 Waterside Circle Sherrills Ford, NC 28673 Mailing Address: 220 E. Culvert Street Zelienople, PA 16063 Tim Wyalett 5080 Waterside Circle Sherrills Ford, NC 28673 Mailing Address: 407 Templeton Road Mooresville, NC 28117 Disposal Neighbors Finley William M III + Jeanne T Revoc TR ETA 1178 River Highway Mooresville, NC 28117 Hager Sidney B + Hallie 139 Robinson Road Mooresville, NC 28117 Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date IZ' 13 — /7 TO: Duke Energy c/o Lake Services - EC12Q 526 S. Church Street Charlotte, NC 28202 RE: Exc vation For subdivision and Lot #'s or Other A4n1.�.. ti )A4Z*11) 4A (Lake/County/City) (Applicant's full name) b► d f WDjT hereby agrees to comply with all recommendations, requirements and/or conditions of Duke Energy Lake Services, General Permit(s) (if applicable) and other federal, state and 'local agency requirements pertaining to the application to excavate for the purpose of a )C=+ 5k i 7 bucc tFo In addition, I/we have read and agree to comply with Duke's current Shoreline Management Plan (SMP), much of which is repeated herein, and understand that written authorization must be obtained from Duke Energy Lake Services 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 Duke Energy Lake Services. I/we understand that if the SMP or other applicable 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 and 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 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. Du E., Page 1 R<, NI N 17 I/we 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 I/we 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. 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. I/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'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 Uwe submit the final application to Duke Energy Lake Services. 1/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. 1/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 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 Lake Services. 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. Duke Energy Page 2 Rev: 6/16/17 1/we agree that 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. I/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. I/we 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. I/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; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. I/we agree to provide my/our contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures. I/we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are discovered during the excavation, work shall be halted immediately. I/we will then notify Duke Energy Lake Services and the State Historic Preservation Office to determine what measures, if any, I/we must pursue to protect or salvage the archaeological resources. 1/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. I/we understand Duke Energy representatives may issue Stop Work Directives for violations of the SMP 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 Duke Energy Page 3 Rev: 6/16/17 Directives, to fully cooperate with Duke Energy Lake Services and other agencies as necessary, and to perform the necessary remedial actions within the specified time frame. I/we agree to develop any required mitigation plans and to complete any required mitigation activities at my/our own expense within the specified time frames. I/we 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 auee to notify Lake Services by phone when the excavation is initiated and to ensure that during the excavation period, I/we will post Duke Energy's approval letter in a clear waterproof bag at the iob site and visible from the water's edge. 1/we agree to notify Lake Services in writing 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. 1/we recognize security deposits will not be refunded if any violations of the SMP or this user's agreement occur. Uwe understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. 1/we 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. I/we 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, CI )Ard Ip �asf Applicant's Name (Print) Ap ant's Signature Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Duke E., Page 4 Rev: 61617