HomeMy WebLinkAbout20200081 Ver 1_Shoreline Stabilization_20200114a (hoc UUU6 f
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
ll'uto Rc° of 15A NCAC 02H .0500 —Water Quality Certification, Shoreline Stabilization f�
--�- - FORM: SSGP02-2017
40
Shoreline Stabilization Application Form 7
0
Three copies of the application (including attachments) and the application fee should be sent to:
If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc.)
Karen Higgins Karen Higgins
DWR-401 & Buffer Permitting Branch DWR-401 & Buffer Permitting Branch
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
A. Applicant Information [15A NCAC 02H .0502(al] _b[AA-
1. Owner Information CAC, ! i I"14't
Name: W I It 5�,,jeV(�
Mailing Address: _ Yi��Yi4, ne LQnp,
Sh a r r'i I lc:7 WwA . N C, ?,8673
Telephone Number: 7CA-3(n3' 728I Fax Number:
E-mail Address: \ t\Uk"Cl Q �+DiVegl 1AC_.coYn
2. Agent/ Contact Person Information
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:
http://www saw usace army mil/Portals/59/dots/regulatory/regdocs/Permits/SAMPLE AGENT ALITHORIZ
Name: ni)u `
Company Affiliation: 11A11i
Mailing Address: ha
Telephone Number: - Fax Number:
E-mail Address: rAnvl✓1CtQvtCliSie✓�O<
B. Project Information [15A NCAC 02H .0502(a) & (b)]
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.
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FORM: SSGP 02-2017 Page 1 of 3
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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) N J
County: OQ+aNba Nearest Town: nhnr6l�S 17;r
Lake/ river/ ocean adjacent to property: Norma,
Property size (acres): • I In ULCY'PFj
Subdivision name or site address (include phase/lot number): C re5(po4- 1 a +
_1 rn r *17
Directions to site - please include road names and numbers, landmar , etc.:
K�Snto•�toZ�oaesralevCan T�•ro arty%sontrtie r^ijpit �ea,-&7
La ' ude (in decimal degrees)y�Ato1?&4 Longitude (decimal degreesLF
5. Describe the existing land use or cogAtion of the site at the time of this application
(residential, undeveloped, etc.): 1` =iden+ia 1
6. Describe proposed work (include
avoided, or why it is necessary):
7. Will work be conducted from land? ❑
as to how hardening of shoreline has been
From water?
8. Total amount of impacts below the normal pool lake level / Normal Water Level
Zft73
ncluding all excavation, backfill, rip rap, retaining walls, etc.) in square feet:
Temporary impacts 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, excavation, rip rap, retaining walls, etc.) in square feet:
N ol?
Temporary impacts (temporary clearing. construction corridor) in square feet:
'- None, -
10. Please describe the vegetation above the normal pool lake level/,No/rmal Water Level and 50
feet landward to be impacted (number of trees, for instance): A104e
11. Signature �pp /
Owner/Agent's gna ure* [1Y NCAC 02H .0502(f)) Date
'Agent's signature is valid only if an authorization letter from the owner is provided.
FORM: SSGP 02-2017 Page 2 of 4
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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
Lake
(At Full Pond/ Normal Water Level)
{\�
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Full Pond/ Normal Water Level
Shoreline
Plan View
FORM: SSGP 02-2017
Lake
iN 1u° Np1"w mu,r `Fi Existing Dock
/ xft.1fi
►���wi�����
!
MIA
h.r Mr
Plan View
Page 3 of 4
a,
v
J
LakjLevel)
KFul]Pond/ NormCc N `o
EA
C
Side View
ILL-
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
Side Vi
AMPLE
FORM: SSGP 02-2017 Page 4 of 4
CATAWBA RIPARIAN BUFFER NOTIFICATION FORM
Project Name/address: V 1 I I I
Owner;
Contractor/agent:
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. 115A NCAC 02B .0243
(6)]
Beaches, impervious patios, impervious walkways, ate. are not allowed in the buffer unless specifically
approved by the Division. There are limitation on size for decks, [SSA 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 02B .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
I, ) I 1l� `Iy e-1 hereby state that I have been informed of the Catawba
Riparian Buffer Rule. Arly work con ud� ed 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): ��� �� wn� u
Date; _ZZ_�
7:42 4 ?
/�C
3833 Dock Side Ln
Willis Spivey
14 mi
6 Geoati
catawba6 OV NO Milk.
�county nformatial Services Real Estate Search
OAK
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" 1 in=100ft
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Parcel: 460715540524, 3833 DOCKSIDE LN SHERRILLS FORD, 28673
Owners: SPIVEY WILLIE, SPIVEY RENEE
Owner Address: 3833 DOCK SIDE LN
Values - Building(s): $585,000, Land: $146,900, Total: $731,900
This map/report product was prepared from the Catawba County, INC 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 2014 Catawba County NC
09/27/2019
0catawba county Geospatial Real Estate Search
'WI uuunnr ■�xc. re, x. InformationServices
" 1 in=100ft
w + E
s
Parcel: 460715540524, 3833 DOCKSIDE LN SHERRILLS FORD, 28673
Owners: SPIVEY WILLIE, SPIVEY RENEE
Owner Address: 3833 DOCK SIDE LN
Values - Building(s): $585,000, Land: $146,900, Total: $731,900
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 2014 Catawba County NC
09/27/2019
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-III.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 6/20/17
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 of Archaeology 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
Excavation Program.
rev 6/20/17
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 6/20/17
Excavation Program.
Duke Enerey Excavation Permit Application Form
Duke File No.
Application Fee S Security Deposit $ Check # Date Recv'd Initials
Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Date 1 1 Initials_
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By
(Prim)
Date Completion Required Date of Any Approved Extension
Date Passed Closeout Inspection*
Initials
Initials
Date
NO)
_ Initials
Any Stop Work Orders or SMG Violations'? (check one) Oyes 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) back to applicant
with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work
Part I. Applicant Information (Please Print)
Name WsXV1s end VetV Telephone iM4-3(n3- %2RI
Email address: W 11115 _ SDi V eel 1 a'1C.. CIAm
Mailing Address (if different)
Contractor Company
Contractor Contact Person ► ]onna ? 4V-160 Telephone (24-(o2R-(O
Contractor Email Address:
LAKE LOT INFORMATION
Lae r ounty0Ai4WhQ Cityi StateWCTM p No4I IW4O5Z4
SubdivisiotfeStf4 Laved+ Lot / Section No. Lot Size -Acres
r1mbey- Corp.
Duke Energy Page 4 of 14 rev 620/17
Excavation Program.
Duke Energv Excavation Permit Application Form
Part II. (Continues!)
B. Protection / Avoidance Area Description
Complete the following table including all land areas within and immediately adjoining the disturbed area:
Protection/Avoidance Areas
Approx
Identification
Metbod M
Avoid (A) or Mideate
Acre
Field ID
Work Area Dw . ID
11MILM
check all that apply)
a. Marshland, swamp, ponds, beneficial
aquatic vegetation or other potential wetlands
r /�
/ v
(circle all that apply)
wf b. Buffer Zones (specify width & source
ofrequirement)
-
Zreaeje rrloJer; 0.15 W; I I b e.
reMCrVed W1+11 )o rlea
exavajor^Fi a14 �✓1+ZD
h P-r bar e5. 7� e5
i I be � ls1 po d ic
�itri
W 11l be ►,ded onto
tMC.4S5 Itr4n5POr` C
d)5posal 51 !e
l5
-
_
c. Environmental Areas as identified by
Duke Energy
/�
d. Natural Areas as identified by Duke
Energy
^ r /A
/ V
e. Historic properties (spec)
/V
Duke Energy Page S of 9 rev 216/17
Excavation Program
Duke Enerev Excavation Permit Application Form
E Rare or threatened species (spec)
N/A
g. Buried gas, water, sewer,
communications or electric lines (circle)
/ qVr
I/�
b. Impact Minimization Zones as
identified by Duke Energy
/
I. Other areas requiring specific
avoidance, protection or mitigation (specify)
r
A' 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 rev 216/17
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 SigLiatures
Comments:
Applicant Name (print) (A) %) k 15 1 •
Applicant Signature* Date ) Z
Co -Applicant Name (print)
Co -Applicant Signature* Date
Co -Applicant Name (print)
Co -Applicant 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 2/6/17
Excavation Program
Duke Energy Excavation Permit Application Form
Part M. Information Requirements for All Applicants
In addition to the completed application form PARTS I & II, the following items must be
provided to Duke Energy by all applicants:
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 must also be provided to the excavation
contractor to ensure restricted areas are not impacted.]
fK An accurate scaled drawing (1"=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 reporting form for construction sites
disturbing two (2) acres or less to the South Carolina Dept. of Health and Environmental
1 A map or directions by road showing directions to both the excavation area and disposal
area.
Duke Energy Page 12 of 14 rev 2/6/17
Excavation Program
Duke Energy 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.
A list of names and addresses of adjoining property owners for both the excavation area and
disposal area.
�i 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 rev 2/6/17
Excavation Program
Duke Energy. Excavation Permit Application Form
PartiV. -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.:Samn1e Atrenev Comment nrird Recnnnee Table
en ....
Agency Comment
A . licant Response"::
Agency 1
The activity is approved as
NA:
proposed.
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%1./20xx and again on:2/1/20xx. 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.thev are listed in the
Agency/Organization List.
Tah1eTV-2_ Smmnle Avenry Pertnite anrd Vprtifiratinne Tahla
Agency
Permit/Certification Name . .
ate.o
Issuance
ate of .
Expiration
AgencyAgenpy 1
Surface Water Withdrawal Permit
Agency 2
Section 401 Water. Quality Certification
Following 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 cent f cations; :Section
404 dredge%f ll 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 Agency/Organization 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 2/6/17
Excavation Program
Duke Enerry 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 rev 2/6/17
Excavation Program
3339-0514
PREPARED By AND RETURN To.
Homesley & Wingo Law Group PLLC
330 South Main St., Mooresville, NC 28115
File No. 126635
Excise Tax: $1,700.00
Purchase Price: $850,000.00
Brief legal description:
NORTH CAROLINA
DUKE,: • Lrr
THIS DEED made this 28th
Alice Emily Campbell, Unr3R
Rhonda D. Frazee, Ur mat
9,&AgAddterr.
1851911arborside Drive
Cornelius, NC 28031
FILED ELECTRONICALLY
CATAWBA COUNTY NC
DONNA HICKS SPENCER
FILED Apr 29, 2016
AT 11:57:00 AM
BOOK 03339
START PAGE 0514
END PAGE 0516
INSTRUMENT B 06655
EXCISE TAX $1,700.00
This instrument prepared by Randall W. Fairdoth, a licensed
North Carolina attorney. Delinquent taxes, if any, to be paid
by the dosing attorney to the county tax collector upon
disbursement of closing proceeds.
17;
Tax Parcel ID: 0012931
2016 , by and between
Willis Spivey and wife, Renee Spivey
Maft Addnrr.
3833 Dockside Lane
Shern7ls Ford, NC 28673
The designation Grantor and Grantee may include the parties, their heirs, successors, or assigns, and may include singular,
plural, masculine, feminine or neuter as required by context.
Grantor, for valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents
does hereby grant, bargain, sell and convey unto Grantee in fee simple all of that certain lot or parcel of land situated in
Catawba County, North Catch" and more particularly described as:
See Exhibit A attached hereto and incorporated by reference (`Ttoperty ).
For Informational Purposes:
Property Address: 3833 Dockside Lane, Sherrills Ford, NC 28673
Tide Insurance: Barristers Title of the Carolinas, LLCBarristei s Title of the Carolinas, LLC
submitted electronically by "Homesley & wingo Law Group PLLC'
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Catawba county Register of Deeds.
Page 1 of 3
3339-0515
Grantor acquired the Property by instruments) recorded in Book 2773 at Page 688.
To comply with N.C. Gen. Star. § 105-317.2, all or a portion of the Property conveyed ® does or ❑ does not include the
primary residence of a Grantor.
To have and to hold the Property and all improvements thereon and all privileges and appurtenances thereto belonging to
Grantee in fee simple.
Grantor covenants to Grantee, fee simple marketable tide to the Property free and clear of all encumbrances, and that
Grantor will warrant and defend the title against the lawful claims of all persons. Title to the Property is subject to the
following exceptions:
1. lien of real estate, ad valorem and non -ad valorem taxes or assessments for the current year, and subsequent years,
not yet due and payable (or depending upon the time of the year, "due and payable, but not yet delinquent');
2. utility eas€ments and unviolated covenants, conditions or restrictions of record; and
3. all standard, general printed exceptions contained in the owner's tide insurance commitment issued for the
Property, if any.
The Grantor has duly executed the foregoing as of the day and year first written above.
,a� 0"a (SEAL)
Alice Emily Campbe
?ond, D. Frazec
STATE OF North Carolina , COUNTY OF Iredell
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed
the foregoing document for the purpose stated therein and in the capacities indicated: Alice Emily Campbell and Rhonda
D. Frazee
Date: 4/28/2016
liandall w. Faircloth
�c�, NOT
w.Q,,AA�� My commission expires:
rn
i ffrLf,-nciaWy>r:ial',�0-
:,��•�ouMty 1N C
Page 2 of 3
10/18/2016
3339-0516
Exhibit A
Property Description
BEING Lot 17 in Section 33 as shown on map entitled "CRESCENT LAND & TIMBER CORP.,
LAKENORMAN, MAP OF RECREATION LOTS, SECTION 33, LOTS 2-21 & 23-26" recorded in
Map Book 15, Page 189, in the Office of the Register of Deeds for Catawba County, and being part of
the property conveyed to Crescent Land & Timber Corp. by Deed from Duke Power Company
recorded in Book 947, Page 632, in the Office of the Register of Deeds for said county.
For Informational Purposes:
Property Address: 3833 Dockside Lane, Sherrills Ford, NC 28673
Page 3 of 3
S 31o08.
if�y 79.86'�'
� x
eRA E
01 n M ql
p 73
O TmT1 aD — R1
g
LB
COURSE BEARING DISTANCE
L 1
N 81' 4 V 25' W
20. 82'
L2
N 00'4V00W
110.30'
L3
N I642'00'W
41.9d
L4
N 44'30' 00'W
55.44'
LID
N 88' 13' GOP
47.63'
L6
N 44'61' 00'W
30.26'
L7
N O I' 24' 00' E
76.83'
L8
N 37'21' 13'W
30.OW
CURVE
RADIUS LENGTH CHORD CH.BEARING
C 1
364. 49' 104.92'
104. 5W 9 22' 53' 13' E
C2
922. 26' 92.33' 91. 67' 8 02' 43' 87' E
FIRM DIFORMATIONs
COWINITY PANEL ■I 371044 076DJ
EFFECTVE DATES t-5-Of
FIRST FLOOR ELEVATION: 7SO.OP
ZONE: X 6 AE
Oppk91 Ciy
I i 0 Oq C 3�+ �3
~ \ \ $ �AELL
F�IDA71gy \
A� sp
paten
p� —' IranAa LOT # 17
1 0.716 AC.+-
THIS PROPERTY MAY BE SUBJECT TO RECORDED
OR UNRECORDED RIGHTS OF WAYS OR EASEMENTS
NOT OBSERVED.
A PORTION OF THIS PROPERTY DOES LIE WITHIN
A SPECIAL FLOOD HAZARD AREA AS DETERMINED
BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
HOWEVER THE STRUCTURE DOES NOT LIE WITHIN
THE PORTION OF THE PROPERTY THAT IS SHOW
TO BE IN A SPECIAL FLOOD HAZARD AREA.
I-
LAKE RMAN Ex t m
t+R `
NO PIERS. A OR PROJECTION
LIKES ARE NWof TRIO SURVEY \�
IN. 11! REs,
•I 1 40 :1 1
■u�uuuE�t�����
GRAP
I
P)MCAL SURVEY
POR
BEINO ALL OF LOT R17, SECTION 33
OF CRESCENT LAND 8 TIMBER CORP.
RECREATION, LOTS
BEPTEADER 20. So07 1 9773 FBI:6R6
SCALE: 1' . 40r 81 16 PO: IBt
MOUNTAIN CREEK TMMHIP
CATAWBA COUNTY, NORTH CAROLINA
RONM E DEDMON SURVEYORS — P.A.
RONHIE DEWAw. PLO EIE22
CHUCK POOVEY, PLS 03762
ROBERT DEDMON, PLO 83E99
PHILLIP HARRIS, PLO U4164
4637 NC HIGHWAY N16 NORTH
P.O. BOX 494 - DENVER. N.C. 2003T
PHONE: (704)-483-4908
FAX: (704)-483-2176
SEAL
L-4164
T HIIG, nATCT ,DRARN FROM AN ACTUAL
tUAYEY .It iRUH TO THE 9E3T OF
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VICINITY MAP ROT To SCAu
3IJ
(Vwk5gi
in/zoz0
Spivey -Dredge -Sketch jpg
https://mail.gwgle.com/mail/WO/#inbox?projector 1 1/2
Dredge Disposal Area
1162 River Highway
Mooresville. NC 28117
$
P•f
•
Legend
DUKE ENERGY DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project
site can bavea big impact on permitting processing time. Please complete this form and
return it along with your completed application to:
C/O LAKE SERVICES — EC 12 Q
526 SOUTH CHURCH STREET
CHARLOTTE, NC 28202
Applicant's Name: Willis Spivey
Street Address (at lake): 3833 Dockside Lane
Lake Name: Norman
Subdivision Name: Crescent Land + Timber Corp.
Property Section: 33 Lot #:
City: Sherrills Ford County: Catawba
State:
Telephone: 704-663-4189
Zip: 28673
Directions (from major road or highway):
From 150 WB into Catawba County, Right onto Little Mountain Road, Right
onto Mount Pleasant Road, Right onto Dockside Lane. Property is on the right
near the end of the road.
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.
ImViV9W0FlEK=
usaaoarusuner
r.rww.r
US Top
¢s
"r
NORMAN DR,
1.
n+rM�uM� a.es+f..e
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3$ 33 I ocK5 i de- Lays e-
Sherr;I IS Ford, NC Z&-73
MQUNW
mum
4mm
_ _ mm
35. s8&o4
-Bloom
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KMIK
Spivey
3833 Dockside Lane
Sherrills Ford, NC 28673
Excavation Neighbors
Candace Gaudet
3852 Dockside Lane
Sherrills Ford, NC 28673
Mailing Address: 916 E. Park Drive
Lincolnton, NC 28092
Charles and Irene Freeman
7505 Matchpoint
Sherrills Ford, NC 28673
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
NOTES, GENERAL NOTES
1• ALL FRAMING F%POSEDTO WE WEATHER SHALL BE IN ACCORDANCE TO CHAPTER 3605 OF
THE NORTH CAROLINA BUILDING CODE AND SHALL BE PRESSURE TREATED PER THE AWPA
HANDBOOK
2• ALLPILESAND VERMAL TIMM SHALL BE PRESSURE TREATED INACCORDANCEWITH AWPA
IUNDB00K.
3 ALL EXPOSED FRAMING LUMBER TO BE SYP NO. I OR BETTER. ROOF FRAMING LUMBER TO BE
NO.2 SPF OR BETTER.
4. ALL METAL CONNECTORS SHALL BE
HOT -DIP GALVANIZED'
FASTENER AND HARDWARE MANUFACTURERS HAVE SUGGESTED THE MINIMUM HOT -DIP
GALVANIZED REQUIREMENFS FOR USE WIM TREATED WOOD SHOULD CONFORM I IHE
FOLLOWING ASTM STANDARDS: ASTM-AIS3 (FOR HOT -DIP FASTENER PRODUCTS) AND
ASTMA653 (COATING DESIGNATION G-185 FOR HOT -DIP CONNECTOR AND SHEET PRODUCTSI.
STAINIESSSTEEL
STAINLESS STEEL FASTENERS AND CONNECTORS ARE REQUIRED FOR PERMANENT WOOD
FOUNDATOM BELOW GRADE AND ARE RECOMMENDED FOR USE WITH TREATED WOOD IN
OTNFR SEVERE EXTERIOR APPLICATIONS SUCH AS SWIMMING POOLS, SALT WATER EXPOSURE,
ETC. TYPE 3D4 AND 316 ARE WE RECOMMENDED GRADES TO USE.
OTHER FASTENERS AND HARDWARE AS RECOMMENDED TIME MANUFACTURER
MERE MAYBE ADDITIONAL PRODUCTS (OMER THAN STAINLESS STEEL OR NOT-0IF
GALVANIZED) WHICH ARE SUITABLE FOR USE WITH ACQ PRESERVED WOOD. PLEASE CONSULT
WITH THE INDIVIDUAL iASMHER OR HARDWARE MANUFACTURER FOR RECOMMENDATIONS
FOR USE OF THEIR PRODUCTS WITH ACQ PRESERVED WOOD.
DRY USE APPLICATIONS
WHEN ACQ PRESERVED WOOD IS USED FOR INTERIOR APPLICATIONS WITH CONTINUOUS DRY
CONDITIONS, WHERE THE WOOO IN SEW CE WILL REMAIN BELOW IB%EQUUBRIUM
MOISTURE CONTENT, THE PERFORMANCE OF FASTENERS, HARDWARE ANO OMER METAL
PRODUCTSIN CTINTACTWTH THETREATED WOODSHOUID BE SIMLLAXTO MAT
EXPERIENCED WIM UNTREATED WOOD.
ALUMINUM SHOULD NOT BE USED IN DIRECTCDNTACT WRNACQ PRESERVED WOOD
SPACER MATERIALS MOTHER PHYSICAL BARRIERSARE RECOMMENDED TO PREVENT DIRECT
CONTACT OF ACQPRESERVED WOOOAND ALUMINUM PRODUCTS.
THESE FASTENER RECDMMENDATIONS ARE COMPARABLE TO FASTENER RECOMMENDATIONS
FROM OMER WOOD PRESERVATIVE MANUFACTURERS OF ACQAND COPPER AZOLE
'ELECTROPIATEDGALVANNEDFASTENERANDMETALPRODUCTSARETYPICALLYNOT
ACCEPTED BY ME BUILDING CODES FOR USE IN EXTERIOR APPUCATIONS, REGARDLESS OF THE
TYPE OF WOOD USED
5-WASHERSSNALL BE USED WITH EVERY CONNECTION BOLT WHICH COMES IN CONTACT
WITHW000. PILOTHOLES SMALL NOT EXCEED THE DIAMETEROF ME BOLT MORE MAN 1116'.
6. BOLTSRML BE TIGHTENED M TIE POINT ME WASILER BEGNS rO COMPRESS ME WOOD FIBERS
BY NO MORE THAN 1w.
7• PILES SHALL BE At LEAST 6' IN DUIMEFER.
& PIERS OR PILES SNALL BE INSTALLED IN SUCH A MANNER ANDSEQUMCEAS TO PREVENr
DISTORTION OR DAMAGETO PILES BEING INSTALLED OR ALREADY IN PLACE TO THE EXTENT THAT
SUCH DISTORTION OR DAMAGE AFFECTS ME STRUCTURAL INrEGRIrY OF THE PILES.
9 ME ALLOWABLE COMPRESSIVE LOAD ON ANY PILE SHALLBE DETERMINED BY THE APPLICATION
OF AN APPROVED DRIVING FORMULA ME PILE SHOULD BE DRIVEN TO REFUSALORA MINIMUM
DROVE PENETRATION NOTEXCEEO 21/2' PER BLOW BASED ONAHAMMER WEIGHT OF 8OOLBAND
DROP DISTANCE OF AT VAST FT. DRIVE
R=ZWH
5•Da B
LS
1DALL FRAMING CHANNELS SHALL CONFORM TO THE AISI DESIGN FOR COLD. FORMED STEEL
STRUCTURAL MEMBERS,1986 WTM 1989 ADDENDUM.
11•THE PIER AND DCOSRALL RAVE TWO WHITE REFLECTORS, A MINIMUM OF V ABOVE FULL
POND ELEVATION, ON EACH SIDE OF THE FURTHERMOST CORNER OF THE EXTENSION OF THE PIER
INTO THE WATER REFLECTING LIGHT PARALLEL TO THE SHORE IN EACH DIRECTION AND DIRECTLY
ACROSSME WATERLINE WITH ME SHORE FROM EAM CORNER WHIT REFLECTORSSHALL BE
PLACED ON EACH SIDE OF ME PIERAT INTERVALS OF 15' OR LESS A MINIMUM OF 6-ABOVE FULL
POND ELEVATION, BEGINNING AT WE OUTERMOST EXTENSION AND EXTENDING TO WE 760
CONTOUR UNE.
11, DESIGN LOADS:
FLOATING SLIPS 20 PSF OR 3W OONCENTRArED LOAD
BOARD WALKS AN D PIERS; 40 PSF OR 3DO U1
HANDRAIL NOTES
WALKWAYS, ACCESS PIERS, STEPS OR RANGES
PERSONNEL HANDRAILS OR OTHER SAFETY
PROVISION SHALL BE PROVIDED ALONG THE EDGES
WHERE THE VERTICAL DROP TO THE MEAN LOW
WATER LEVEL DR MUDURE EXCEEDS 6 FEEL PER
CH IRA 36 SECTION 3606.6 OF THE 2012
NORM CAROLINA BUILD CODE
PER AVERAGES FROM THE DUKE ENERGY LAKE
LEVEL CHARTS THE ESTIMATED AVERAGE LOW
LEVEL IS 98.3 WHICH IS 2'-3]' BELOW FULL
POND.
DRIP PAN NOTES
BErCO PANS SHOULD NOT COME IN DIRECT
CONTACT WITH ADO PRESSURE TREATED LUMBER.
ACRYl1CH PANS WITH A BARRIER SUCH AS ICE
AND WATER SHIELD. POLYMER TAPES. MASKING
AND WATER PROOF LINING MATERIAL
BARRIER MATOBAL SUCH AS PAPER OR FELT ARE
NOT RECOMMENDED. BARE GALVALUME PANS ARE
NOT RECOMMENDED.
CONTRACTOR MUST INSTALL PANS PER
MANUFACTURE SPECS AND RECOMMENDATIONS.
PENETRATION THROUGH THE BOTTOM OF THE
PANS ARE NOT RECOMMENDED.
FLOOR JOIST ALLOWABLE SPANS
1. DESIGN LOADS ARE BASED ON 40 LBS/Fr FOR LIVE LOAD AND
10 LEIS/Fr FOR DEAD LOAD.
2. MOST VINYL OR COMPOSITE DECKING REWIRE A MAXIMUM JOIST
SPACING OF 16" O.C. CHECK WITH DECKING MANUFACTURER FOR
PROPER SPACING.
3. ALLOWABLE SPAN SOUTHERN YELLOW PINE PER
THE NATIONAL DESIGN SPEMCATIONS FOR WOOD
CONSTRUCTION IS AS FOLLOWS:
SOUTHERN YELLOW PINE ALLOWABLE SPAN 4OLL+10DL
WOW DOM.
SPAN
01
12
/S
FIT 2X6
12'
10'-9'
10'-3'
8'-2'
19.2"
9--2'
8'-G'
6--5'
24"
8'-6'
7'-7"
5'-9'
PT 2J(8
16"1
19.2"
12'-1'
1W-10'
8--2"
24'
11'-3'
9'-8'
7•_3•
PT 2X10
ifi"
19.2"
14'-B'
12'-10'
9,-10"
24"
13'-1'
11'-5'
8'-10"
Fr 2X12
12"
12'-11'
19'-1
12'-6'
I6'
19'-1'
16'-6"
IV-10"
1
24'
1 15'-7'
IN-6'
1O'::
ROOF RAFTER ALLOWABLE SPANS
1. DESIGN LOADS ARE BASED ON 20 LBS/FT' FOR LIVE LOAD AND
10 IBS/F1' FOR DEAD LOAD.
2. SPRUCE PINE RR ROOF PURUNS TO BE 24' O.C. MALL.
3. ALLOWABLE SPAN SPRUCE PINE FUR PER
THE NATIONAL DESIGN SPECIFICATIONS FOR WOW
CONSTRUCTION IS AS FOLLOWS:
SPRUCE PINE FIR ALLOWABLE SPAN 20U.+IODL
WOOD DOM.
SPAN
+1
/2
I3
Pf 2X6
12'
14'-9'
14'-9'
12'-6'
16'
13'-5'
1J'-5'
10'-10"
19.2'
12'-B'
12'-B '
W-11"
24'
1V-9'
1P-9"
8'-10'
PT 2XB
12'
19'-6'
19'-6'
IV_IO'
16"1
17'-8'
1T-9'
IN-9'
19.2"
16'-7"
16--7•
12,_7•
24'
14'-10"
14'-10'
11'-3'
FT 2X10
12"
24'-10'
2224'-10"
iB'-5'
16'
19.2"
20'-3'
20'-3"
15'-4'
24'
IV-2"
18--2"
13'-8'
Pf 2X12
12'
NOTE b
NOTE b
16
25'-9'
25'-9'
19,-8'
19.2'
23'-6'
23'-6'
17'-9'
24'
21'-0"
21'-0'
15' .
D. THE TABULATED RAFTER SPANS ASSUME THAT CEILING JOIST ARE LOCATED AT
THE BOTTOM OF THE ATTIC SPACE OR TWIT SOME OTHER METHOD OF RESOLING
THE OUTWARD PUSH OF THE RAFTERS ON THE BEARING WALLS, SUCH AS
RAFTER DES, IS PROVIDED AT THAT LOCATION. WHEN CEILING JOIST OR RAFTER
TIES ARE LOCATED HIGHER IN THE ATTIC SPACE. THE RAFTER SPAN SHALL BE
MULTIPUED BY FACTORS GIVEN BELOW.
Ha/Hr•
RAFTER SPAN ADJUSTMENT FACTOR
113
0.67
1/4
0.76
1/5
0.83
1/6
.90
1/7 OR LESS
1.00
• Ha - HEIGHT OF CEILING JOISTS OR RAFTER TIES MEASURED VOWALLY ABOVE
THE TOP OF THE RAFTER SUPPORT BFAM/WNL
Hr - HEIGHT OF ROOF RIDGE MEASURED VERTICALLY ABOVE THE TOP OF THE
RAFTER SUPPORT BEAM/WALL
ANY DEVIATION FROM THE PLAN MUST BE APPROVED BY DARDEN ENGINEERING SERVICES.
CROSSHEAD/GIRDER DESIGN NOTES
1. STRUCTURES WITH CROSSHEADS LENGTH LONGER THAN 6'
PILES MUST BE NOTCHED 1 1/2'
2. DESIGN LOADS ARE BUSED ON 40 LBS/FT' FOR LIVE
LOAD AND 10 LBS/FT' FOR DEAR LOAD.
3. ALLOWABLE WOOD STRESSES FOR SOUTHERN YELLOW PINE
PER THE NATIONAL DESIGN SPECIFCATONS FOR WOOD
CONSTRUCTION IS AS FOLLOWS:
SYP Fb Valm W)
WOW DOM.
2X4
1500
1100
2X6
1350
1000
2X8
1250
925
2XIo
HIS.
BW
2X12
1000
750
4. THE SECTION MODULUS SK FOR DIMENSIONAL LUMBER PER THE
NATIONAL DESIGN SPECIFICATIONS FOR WOW CONSTRUCTION AS
FOLLOWS:
• 2X4m 3.063 IN'
• 2X6= 7.563 IN'
• 2XB= 13.14 IN'
• 2X10= 21.39 IN'
• 2X12- 31.64 IN'
DISCLAIMER -
TO ACCURATELY
THAT IT MEETS
COUNTY REGULA
-1/
CL NT. ALL ROJECTION LINES ARE
] EOUIRE A .CENSED SURVEYOR
E PIER ON VROPERTY TO ENSURE
DUKE LAKE SH E MANAGEMENT AND
N3T 16 On
30.72'
7
01' 24W'E
176.83'
N44' 51' WiY
�30.26'
- � ---19'-SYltn•.n -
PROJECTION LINE
ESTIMATED PROPERTY
LOCATION PLAN
SCALE: 1"=50'
PROPERRY PROJECTION LINES ARE ESTIMATED
ER IS RESPONSIBLE FOR 1/3 THE COVE, 20,
ANY OTHER STRUCTURE AND EXACT LOCATION
'RONECTION LINE TO COMPLY WITH ALL DUKE
ER AND COUNTY REGULATIONS. OWNER IS TO
SURVEYOR TO PROPERLY LOCATE PIER TO
DUKE ENERGY AND COUNTY REGULATIONS.
30 DD WILLIS SPIVEY
3833 DOCKSIDE LN
N1& 42- W'W CATAWBA COUNTY, NC
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A NEW BUILDING FOR:
WILLIS SPIVEY
APPROVED FOR CONTRACT
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D A R D E N
PRE NO.
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3833 DOCKSIDE LN
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862 B RAWLEY SCHOOL RD, SUITE 202 9P•1663
FRAMING DETAILS 2
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MOORESVILLE, N. C. 28117
NO.
DATE
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SCALE: AS NOTED
PHONE NO. M663.7738
EMAIL IMo®dmdeneng.com
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FRAMING DETAILS m
Excavation Project User's Agreement Letter
(Please fill in the blanks. Please Print)
Date IZ-&-19
TO: Duke Energy
c/o Lake Services - EC 12Q
526 S. Church Street
Charlotte, NC 28202
RE: Excavation For (Subdivision and Lot Ws or
(Lake/County/City)
(Applicant's full name) W 1 l t t fj^ ,111 \ hereby agrees to comply with all
recommendations, requirements and/or conditions kf Duke Energy Lake Services, General
Pemvt(s) (if applicable) and other federal, state and local agency requirements pertaining to the
application to excavate for the purpose of a 1` oa -r aAne I access .
In addition, 1/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 I/we obtain approval for
a single, time extension (maximum of one year) in writing from Duke Energy Lake Services.
1/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.
Uwe attest to be the owner(s) or lease holder(s) of the land that will be used for equipment
staging and disposal of excavated material or if not the owner or lease holder, 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.
IJuke Exrgy Page 1 Rev: 6116'17
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 1/we submit the final application to Duke
Energy Lake Services.
I/we understand that except for maintenance excavations, any excavation exceeding 2000 cubic
yards of material removed or any excavation or shoreline stabilization work needed to support an
application that requires Federal Energy Regulatory Commission (FERC) review does itself
require specific review and approval by the FERC before Duke Energy can issue any approvals.
Ywe agree that unless specifically approved otherwise in the application, explosives will not be
used as part of this excavation activity.
1/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 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.
1/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.
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;
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. 1/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.
11we 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.
Uwe agree 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 wateroroof
bag at the iob site and visible from the water's edge.
I/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.
I/we 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,
W•t I�l
Applicant's Name Print) I AplicantFs Signatur
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
DU, E., Page a.�: dtu 7