20030248 Ver 1_COMPLETE FILE_20030305

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Coward, Hicks & Siler, P.A.
Attorneys at Law
43 West Main St.
Franklin, NC 28734-3005
Attention: Mr. Robert F. Siler,
May 1, 2003
On 03/28/03, The N.C. Division of Water Quality received your letter concerning the application of Larry Raby and Lee
Burns proposed construction of a road and utility easement in Clay County. According to your letter (referenced above)
you had sent a response by letter (dated March 11, 2003) to the Department of Water Quality. We have no such
correspondence dated March 11, 2003 in your file (DWQ# 03-0248). Since the proposed activity would not impact
wetlands, streams or protected riparian buffers, the proposed activity would not require a 401 certification from the
Division of Water Quality.
Please call John Dorney at 919-733-1786 or visit our web site at http://h2o.enr.state.ne.us/ncwetlands if you have any
questions regarding this letter.
Sincerely,
Michael Horan
Environmental Tech .
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
a`?CUEP,t
Customer Service
1 800 623-7748
4ETLAND81401 GROUP
COWARD, HICKS s SILER, P. A
ATTORNEYS AT LAW
43 WEST MAIN STREET
FRANKLIN. NORTH CAROLINA 28734-3005
TELEPHONE: [phone]
FAX: [phone]
ORVILLE D. COWARD
ORVILLE D. COWARD, JR.
RALPH L. HICKS
ROBERT F. SILER
J. K. COWARD, JR.
WILLIAM H. COWARD
KIMBERLY R. COWARD
MONTY C. BECK
RICHARD K. WALKER
THOMAS R. CRAWFORD
HEATHER C. BAKER
April 25, 2003
NC Department of Environment & Natural Resources
Division of Water Quality
C/O John Dorney
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Re: Application of Larry Raby and Lee Burns
Dear Mr. Dorney:
KENT COWARD 1929-1989
OFFICES IN:
FRANKLIN, NC
SYLVA, NC
CASHIERS, NC
By letter dated 3 March 2003, I advised you of the application
of Mr. Raby and Mr. Burns to Duke Power Company for an easement
over Duke property at Mission Reservoir in Clay County, North
Carolina.
At that time, I asked for any response to the application
within thirty days.
By fax dated 5 March 2003, your office forwarded me a pre-
construction application form. By letter dated 11 March 2003, I
asked if an application was appropriate, since the easement would
have no impact on wetlands, streams, or open water, and no ponds
would be created.
I have received no response to the inquiry. Accordingly, I am
proceeding with the application with Duke Power Company.
Kindest regards.
Yours sincerely,
Robert F. Uer APR 2 8 ?UU3
COWARD, HICKS & SILER, P.A.

NATERQUALITY SECTTON
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William G. Ross Jr., Secretary
North Carolina Departnacnt of Environment and Natural Resources
Alan W. Klimck, P.E., Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
C Fax #: [phone]
Fax To: C-1 h C C
Company:
Number of pages including cover sheet:
Notes or special instructions:
Fax ##:
Date:
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C-N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
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COWARD, HICKS & SILER, P. A.
ATTORNEYS AT LAW
43 WEST MAIN STREET
FRANKLIN. NORTH CAROLINA 28734-3005
ORVILLE D. COWARD
ORVILLE D. COWARD, JR.
RALPH L. HICKS
ROBERT F. SILER
J. K. COWARD, JR.
WILLIAM H. COWARD
KIMBERLY R. COWARD
MONTY C. BECK
RICHARD K. WALKER
THOMAS R. CRAWFORD
HEATHER C. BAKER
TELEPHONE: [phone]
FAX: [phone]
March 3, 2003
NC Department of Environment & Natural Resources
Division of Water Quality
C/O John Dorney
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Re: Application of Larry Raby and Lee Burns
Dear Mr. Dorney:
KENT COWARD 1929-1989
OFFICES IN:
FRANKLIN, NC
SYLVA, NC
CASHIERS, NC
WETLANDS 1401 GROUP
"AR 0 5 2003
WATER Q UA L I Ty SECTION
My clients, Larry Raby and Lee Burns, are applying to Duke
Power Company for a permit for road and utility easements. The
application is for thirty foot wide road and utility easements,
with a sixteen foot wide roadbed, over Duke Power property located
at Mission Reservoir, Clay County, North Carolina.
My clients currently have an existing easement for the
existing access road located on Duke property at Mission Reservoir.
This easement was conveyed to my clients by Nantahala Power and
Light Company in 1990. The existing easement runs all the way from
Mission Dam to my clients' property. The existing easement
measures over a mile in length.
The reason my clients are applying for new easements is
because the existing easement is for the existing road, and the
Clay County Subdivision Ordinance requires a thirty foot wide
easement with a sixteen foot roadbed.
The application to Duke is for two easements. The first new
easement would be located on the existing roadbed, which is the
location of the existing easement, but would provide for a thirty
foot wide road right of way and a sixteen foot wide roadbed in
order to comply with the Clay County Subdivision Ordinance. The
second new easement would provide for an easement of the same
widths not within the existing old railroad bed. This easement
would run approximately ninety feet across Duke Property not now
covered by the existing easement. The new easements are shown on
March 3, 2003
Page Two
the plat of Sprinkle Surveying, P.A., drawing 3769a2, which is
attached. The first new easement runs from the beginning of line
P5 on the plat to the end of the line 223. This is also the
location of the existing easement acquired from Nantahala. The
second easement runs from P23 to 226, as shown on the plat. The
total length of the two easements is less than 1900 feet.
The existing easement held by my clients runs over Duke
property for a distance of over one mile. If the new easements are
granted, my clients would surrender to Duke the portion of their
old easement running from the termination point of the new easement
to Mission Dam. This is a distance in excess of 4,000 feet. Thus,
the total encumbrance on Duke's property would be much less after
the granting of the new easement than it is currently.
The location of the easements is on Duke property within the
FERC boundary. The easements are, however, located at least 150 to
200 feet from the shoreline of the Hiawassee River and Mission
Reservoir. The area between the Reservoir and the easement is
wooded and undeveloped. The new road would be screened from the
Reservoir by vegetation.
The existing roadbed is at least sixteen feet in width except
for a few locations. Those locations are at the areas of P13, P14,
P16 and P23, as shown on the Sprinkle plat. In each of these
locations the roadbed can be widened to sixteen feet by widening
the north side of the roadbed, which is the side away from the
river. There would be cutting of trees which have grown up in the
roadbed, but there would be no cutting of trees on the south bank
of the roadbed and no disturbance of the south bank. I have
enclosed for your information photographs of the existing roadbed
and the trees growing within it. As you can see, the existing
roadbed is so sufficiently wide and well defined that minimal
grading will be required.
In summary, the construction would consist of widening on the
north side of the roadbed in a few places, the cutting of trees in
the roadbed itself and preparing the surface of the roadbed as a
gravel all-weather road. In return for the granting of this
easement, Duke would receive a surrender of easement for the
portion of the now existing easement running from the point of
termination of the new easement at P23 to Mission Dam. A copy of
the plat showing the proposed new easements and copies of
photographs showing the existing roadbed have been enclosed with
this letter.
March 3, 2003
Page Three
Please let me hear from you within thirty days from the date
of this letter.
Thank you very much for your consideration.
Kindest regards.
Yours sincerely,
COWARD, HICKS & SILER, P.A.
i
Robert F. Siler
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REVISION: DAM
STATE OF NORTH COUNTY OF 1 STATE OF NORTH CAROLINA NOTES: 1. SHOW PROP. 3d R/W AND AREAS. OCTOBER 10. 2002 COUNTY OF CLAY 1. THIS SURVEY WAS PREPARED FOR THE SOLE
BENEFIT OF OUR CLIENT AS NAMED IN THE
I, RENEW OFFIC _ REVIEW OFFICER OF CLAY COUNTY, CERTIFY TITLE OF THIS PUT, AND IS NOT TO BE USED FOR THE BENEFIT OF A THIRD PARTY TO
RR M15S1 SCR OORDAD MEETS Ai STATUOR PLAT TO WHICH TORY REQUIREMENT - THAT THE M15510N~0 )R PLAT TO WHICH THIS CERTIFICATION IS AFFIXED PURCHASE, TO SECURE FINANCING, OR OBTAIN JTORY REQUIREMENTS FOR RECORDING. TITLE INSURANCE ON THIS PROPERTY, WITHOUT
THE EXPRESS WRITTEN CONSENT OF THE SIGNING SURVEYOR.
H.29. ~ MAZZA 008 N0180' 21"E 2. ANY UNDERGROUND UTILITY LOCATIONS SHOWN
REVIEW OFFICER ON THIS PUT ARE APPROXIMATE. THE PROPERTY MAY ALSO BE SERVED 8Y OTHER UNDERGROUND
1` / O GAFlA LANE G. N. HOUND GATE RENEW OF 11 V ~~7- XII_ST GRAV RD 190 245 UTILITIES WHICH WERE NOT LOCATED.
Yn us q ~ 1 ALL DISTANCES SHOWN ON THIS SURVEY PLAT ARE HORIZONTAL GROUND DISTANCES UNLESS
OTHERWISE NOTED.
I R-fil I N 1457-21-E CERTIFICATE OF APPROVAL FOR R APPROVAL FOR RECORDING
THE PLAT SHOWN HEREON COMPLIES WITH THE PROPOSED ACCESS R/W & SUBDIVISION PLAT
I 96.34' 1 CERTIFY THAT THE PLAT SHOWN OTECTION ORDINANCE AND HAS BEEN APPROVED
VICINITY SKE7CH WATERSHED PROTECTION ORDINAN N 3476'21"E FOR RECORDING IN THE REGISTER GIBTEF IN THE REGISTER OF DEEDS OFFICE.
%B4 DWG. NO. 3769a2 OR - 34.76'\\ J. G.
r DATE WATERSHED WATERSHED ADMINISTRATOR LARRY & PATSY RABY
NOTICE THIS PROPERTY IS LOC/ PROPERTY IS LOCATED WITHIN A PUBLIC WATER SHED, DEVELOPMENT RESTRICTIONS MAY APPLY. & LEE & BETTY BURNS
R-5 N 3418'21"E SUPPLY WATERSHED, DEVELOPMEK 41.83'
REFERENCES: G. N. NOLAND ~I H 190 ~ 25 SWEETWATER TOWNSHIP CLAY COUNTY, N.C.
DEED BK. 141, PG. 042 ~1 H I CERTIFY THAT THE FINAL PUT THE FINAL PLAT SHOWN HERE ON COUNTY SUBDIVISION REGULATIONS AND~SES JUNE 19, 2002 SCALE: 1 IN. = 120 FT.
DEED 8K. 141, PG. 185 H. J. MAZZA N 34'18'21'E WITH THE CLAY COUNTY SURDMS DEED 8K. 129, PG. 008 129 008 / 190.35' APPROVED FOR RECORDING IN TH RECORDING IN THE REGISTER OF DEEDS OFFICE
DWG. NO. 3769-A BY SAMUEL L. SPRINKLE, PLS h I i
a010 ~ OR / DATE CLAY COUNTY CLAY COUNTY SUBDIVISION ADMINISTRATOR 120 0 120 240 380
LEGEND: I / I
0 EXISTING IRON PIPE / IRON ROD (AS NOTED) R-4 N 29'03'21'E /
IRON ROD SET (IRS) ' 110.86' / GRAPHIC SCALE - FEET I
#'5 REBAR UNLESS OTHERWISE NOTED
• NAIL / SPIKE (AS NOTED) ,7 / SURVEYOR'S NOTE NO N.C.G.S. HORIZONTAL CONTROL MONUMENTS FOUND WITHIN 2000 FEET OF SITE VED
® CONCRETE MONUMENT (AS NOTED) R-~ N 2s'03'21"E j ALTHOUGH MARKED AND PAINTED 0 EXISTING CORNER, TYPE NOTED R-253.03' + A WIRE FENCE WITNESS AND LINE TREES WERE OBSERVED
_R
N 3428'21'E FROM THE MIDDLE OF LOT 10 OF RIVER '11;1 - - OVERHEAD UTILITY LINE(S) / STONE
o POINT R- 111 45.32' / RUN SUBDIVISION TO THE PIPE AND OLD STONE IDENCE
0 CONTROL CORNER N 3428'21'E C. N. NOLAND / ON THE NOLAND PROPERTY, NO OTHER EVIDENCE FIRE HYDRANT 72.68' 25 1 1901 245 4 5 OF DUKE ENERGY'S PROPERTY LINE WAS LOCATED. PROPOSED R/w )CATED.
52 EVEN THOUGH OLD WITNESS MARKS WERE FOUND, ALL LIGHT POLE L24 AREA = 0. / ~ op AC. UND, ALL
rr UTILITY POLE ~I 2 EIP / IRON PIPES AND RODS CALLED FOR IN DEED BOOK 132, 300K 132,
-R - - _ 3 NAIL FND. B PAGE 204, BASED ON A SURVEY BY fELIX E. IX E.
t- - PALMER, RLS, APPEAR TO HAVE BEEN REMOVED. P-ti5 vRaFaun w ROVED. N Q ~
m
D. BEAM ~ 3 I
7 1 9 04 o°
DUKE ENERGY CORP. FORMERLY NANTAHALA POWER ~I
AND LIGHT
I'I
9 12 12 L P. D ORNN /i 4,44 I
RU Q. A. D. CHEATHAM Pj 196 / ? ~6 cjYey'L 212 / 319
> 11 / ~S2 J2 4 f~ ° I
O ~ 11 13
TABLE OF METES do BOUNDS \ ID n / L P. DORM
CENTERLINE OF EXISTING RAILROAD BED e e / 196 J 050
L SAMUEL I. SPRINKLE, PROFESSIONAL LAND SURVEYOR NO. L-3629, CERTIFY AND SOIL ROAD V~ TOA1ONE OR MORE OF THE FOLLOWING AS INDICATED WITH AN 'X' PROPOSED 30' PRIVATE ACCES R/W PROPOSED R a AA EIP
14
x A. THAT THIS PUT IS OF A SURVEY THAT CREATES A SUBDIVISION AREA = 1.279 AC. OF LAD WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT COURSE BEARING DISTANCE e n HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND; P-1 S 67'19'24"W 22.02' J. W. KREBS R. A. GRIFFITHS
L1 B. THAT THIS PLAT IS OF A SURVEY THAT IS LOCATED IN A P-2 S 82'39'04"W 82.46' 15 Fjp / 196 /.179 213 / 327 ryo ANG IR 16
PORTION OF A COUNTY OR MUNICIPALITY THAT 5 UNREGULATED P-3 N 87'11'07"W 65.01' AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND; P-4 N 80'55'43"W 28.79'
P~ C. THAT THIS PLAT Is OF ONE OF THE FOLLOWING: P-5 N 76'51'42"W 55.67' DUKE ENERGY CORP. P-6 N 70'56'50"W 50.78' FORMERLY NANTAHALA POWER 17 -z' EIP
? A SURVEY OF AN EXISTING PARCEL OR PARCELS OF LAND P-7 N 65'47'07"W 76.75' AND LIGHT 18 F. EIP i e~11\\\ EIP j V. GILES M9~
AND DOES NOT CREATE A NEW STREET OR CHANGE AN P-8 N 58'01'17"W 56.59' EXISTING STREET; P-9 N 53'48'57"W 110.49' P-10 N 5226'52"W 98.23' 19\ 20 196 /0180 \ g2,.~',~ 0i q° / , 5a
? A SURVEY OF AN EXISTING BUILDING OR OTHER STRUCTURE, P-11 N 50'05'50"W 83.52'
OR NATURAL FEATURE, SUCH AS A WATERCOURSE; OR P-12 N 50'41'49"W 90.05' ? A CONTROL SURVEY. P-13 N 42'49'05"W 98.23'
P-14 N 46'07'27"W 73.39' D_ THAT THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, SUCH P-15 N 47'00'58"W 89.89' P 10 EIR 21 22 \ EIR\ N 10b EI , ' ' /
AS THE RECOMBINATION OF EXISTING PARCELS, A COURT-ORDERED P-16 N 4675'24"W 142.15' LARRY RABY, et d 141 / 042
SURVEY, OR OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISION P-17 N 4537'47"W 157.76' P-18 N 40'07'02'W 136.03' E. THAT THE INFORMATION AVAILABLE TO THIS SURVEYOR IS SUCH P-19 N 39'01'38"W 124.11' 4 o DWG. 3769-A
THAT I AM UNABLE TO MAKE A DETERMINATION TO THE BEST OF P-20 N 59'22'02"W 50.19' MY PROFESSIONAL ABILITY AS TO THE PROVISIONS CONTAINED IN P-21 N 6426'27"W 58.93' B 4 4 a
(A) THROUGH (D) ABOVE; P-22 N 71'20'34"W 113.05' e ~ r o 3 it
P-23 N 72'54'26"W 100.67' F THAT THIS PROPERTY IS/IS NOT WITHIN ANY FLOOD ZONE AS P-24 N 1921'10'E 61.25' L_ j DELINEATED ON THE FLOOD HAZARD BOUNDARY MAP PREPARED P-25 N 14'52'45"E 16.49' p~
BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. P-26 N 04'03'42"E 14.33' TABLE OF METES do BOUNDS LOT 1 UNDS DUKE ENERGY CORP. 1.439 ACRES N
/ BOUNDARY LINE FROM H. J. MAZZA 1. MAZZA FORMERLY NANTAHALA POWER A to
72TY AND LIGHT ry
T TO LARRY RABY PROPERTY SAMUEL I. SPRINKLE PROIES%9 LAND SURVEYOR NO. L-3629 LR§..__._.._.._..._... IRS RIVER
COURSE BEARING DISTANCE 1 S 13'11'45"E 127.93' DISTANCE 6.39' \14AJCEE 127.93' w HiA
2 S 68'34'05'E 135.90' 135.90' a
3 S 6826'1 O'E 64.24' 4 N 58'48'51'E 139.49' 134.24' TABLE OF METES & BOUNDS o 0 245.16'
5 S 26'54'51"W 72.39' 72.39' CENTERLINE OF PROPOSED 20' 184.64'
DWG. NO. 3769a2 I, SAMUEL L SPRINKLE, CERTIFY THAT THIS MAP WAS 6 S 1328'16'E 76.75' DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY 7 S 3523'09"E 207.40' 207.40' PRIVATE ACCESS R/W N a2'p0'00~ 430• 129.53'
MADE UNDER MY SUPERVISION; THAT THE RATIO OF HpI""IHryR~ 8 S 72'08'09'E 129.53' PRECISION AS CALCULATED BY LATITUDES AND DEPARTURES ~V`VV CAf?o/,,V 9 S 20'36'09'E 110.21' 110.21' COURSE BEARING DISTANCE "~1O "E 21 112.09' R-4 NV321 E 109.86' a~
NOTE: ALL AREA COMPUTED BY IS 1/10.000+ THAT THE BOUNDARIES NOT SURVEYED T~ 9_~a,..•••••.., Z/ 10 S 48'30'09'E 112.09' COORDINATE COMPUTATIONS ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION Q OFESS/Qti~Q. it N 72'45'51'E 73.67'
FOUND 91 DEED BIC - PACE THAT THIS Z; Q- 9 y9 12 N 3728'51•E 143.33' PUT WAS PREPARED IN ACCORDANCE WITH G. S. 47-30 ; Q 13 S 10'00'51"W 203.64' R-2 N 28'1 o 143.33' I. 203.84' R-3 N ti
SPRINKLE SURVEYING P.A. AMENDED OCDR N. C. STANDARDS OF PRACTICE = SEAL : _ 14 S 1434'51"W 51.96' 1 FOR T 15 S 3753'17"E 82.93' 51.96, 73.67' R-1 N 02'5O'29*E 40.52' 82.93' R-5 N 3418'21 E 265.69 E1p ?d~• D. g BEHOER'
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER L-3629 - 1 S 84'57'51"E 93.32' 93.32' R-6 N 14.57'21'E 90.95' 236/
PROFESSIONAL LAND SURVEYORS ® AND SEAL THIS 19th DAY OF JUNE AD.. 2007 = P o• W; ,1 1 '9'11 SURV~r • `~v' .44'021 E 577.25' 48.44' R-7 N 70'33'52"W 25.53' 11C.4, S-'O 57.25' R-8 N 61'05'57'W 40.50'
464 WEST PALMER STREET 18 S 5 GF+ 19 S 53'24'26•E 74.74' 74.74' R-9 N 6652'22'W 38.69' 156.44' R-10 N 6929'08*W 42.45'
FRANKLIN, NORTH CAROLINA 28734 20 S 5324'28"E 156.44' TEL. [phone] do 828-524-7994 PROFESSIONAL - - LANDURVEYOR 22 s 8oasi9 E 135.52' 8271• R-11 N 53'37'455W 81.21' 135.52'
, L-3679 do 828-389-3048 FAX: [phone]
SURVEY BY HEJ PLAT BY DRS
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