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HomeMy WebLinkAbout20191289 Ver 2_Shoreline Stabilization_20201201Submission Form Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to viewthe form. Attach documentation of Pre -Filing Meeting Request here: Pre -Submittal Meeting Request Form.pdf 422.6KB Pre -fling Meeting or Request Date 10/27/2020 ID# 20191289 Version 2 I. Applicant Information [15A NCAC 02H .0502(a)] Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Primary Contact Email * accunningham@gmail.com Rease provide an email address for payrrent and requests for pure information here. Owner Information: Name: * Alan Cunningham Email: * accunningham@gmail.com Phone Number:* (763)656-3891 (xxx)xxx-xxxx Mailing Address:* Street Address 20911 Cinnamon Tree Ln Address Line 2 City State / Frovince / Region Cornelius NC Fbstal / Zip Code Country 28031 us Is there an agent working on the project? * Agent/Consultant Information ................................................................................................................. Name: Company Affiliation:* Email: Phone Number:* Mailing Address:* F Yes f^ No Janice Estep CBC Stone & Recycling, LLC info@cbcstoneandrecychng.com (704)660-5111 (XXX)XXX-XXXX Address 638 Oakridge Farm Hwy Address Line 2 City Mooresville Fbstal / Zip Code 28115 Asigned and dated copyof the Agent Authorization letter:* Auth. Form.pdf 188.02KB Link to: Sample Agent Authorization Form Project Information [15A NCAC 02H .0502(a) & (b)] Project Name:* Cunningham Dredge State / Province / Fbgion NC Country United States If your project has a formal name please use this. If your project does not hake a formal name, please identify your project by the owner name and proposed acti\ity (Jones Property Access Road, Smith Guest House, etc.) List in parentheses any other names that have been used to identify the project in the past. 1. Provide a vicinity map (i.e. street map) clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads.* r Upload File r Lookup address Upload Map: PlatMap.pdf Vicinity Maps.pdf Directions.pdf Latitude:* 35.488737 554.75KB 1.88MB 256.07KB Longitude:*-80.893540 2. Provide a detailed site plan showing property boundaries and proposed locations of vegetation clearing, structures (buildings, retaining walls, docks, impervious surfaces, etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the diagram under section 12.normal pool lake level/normal water level* Site Plan.pdf 313.76KB Buffer Form.pdf 338.99KB Please use the diagram at the link below: https://edocs.deq.nc.gov/WaterResources/0/edoc/616616/Shoreline%20Layout.docx 3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort- a yard stick, shovel handle, etc.)* Dredge Area Pic s.pdf 1.92MB 4. Location of the property (where work is to be conducted) Nearest Town:* Cornelius County: * Mecklenburg Lake/ river/ ocean adjacent to Norman property: Subdivisions name or site address: * 20911 Cinnamon Tree Ln. Lot #6 Keel Bay Include phasdot nun ber Directions to site:* 610 E Center Ave Mooresville, NC 28115 Take Evergreen St to E Center Ave 43s(0.1mi) Head east toward Evergreen St 108 ft Turn right onto Evergreen St 417 ft Turn right onto E Center Ave 2 min (0.5 mi) Continue on S Church St to S Main St 2 min (0.6 mi) Turn left onto S Church St 0.5 mi Turn right onto College St 0.1 mi Continue on S Main St. Take NC-115 S, Langtree Rd and I-77 S/US-21 S to Bethel Church Rd in Cornelius 14 min (8.4 mi) Turn left onto S Main St 1.2 mi Continue onto NC-115 S 2.1 mi Turn right onto Langtree Rd 1.1 mi Use the left 2 lanes to turn left to merge onto I-77 S/US-21 S 3.1 mi Take exit 28 for US-21 S toward Catawba Ave/Lake Norman/Cornelius 0.2 mi Keep right at the fork, follow signs for Lake Norman and merge onto W Catawba Ave 0.8 mi Drive to Norman Colony Rd 2 min (0.7 mi) Turn right onto Bethel Church Rd 0.3 mi Turn right onto Norman Colony Rd Destination will be on the left 0.4 mi 20925 Cinnamon Tree Ln Cornelius, NC 28031 Rease include road nacres and numbers, landmarks etc. 5. Describe the existing land use or condition of the site at the time of this application:* Residential Fbsidential, undeveloped, etc. 6. Property Size 1.501 Acres 7. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): Dredge a 40' x 40' area for new dock. Dredge by barge. Haul material out by land. 8. How will the work be done? * W From Land 17 From Water 9. Total amount of disturbance below the normal pool lake level/ normal water level:* (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) 177.17 cubic yards square feet 10. Total amount of disturbance above the normal pool lake level/ normal water level and 50 feet land -ward:* (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) 0' above on dredge 10' x 50' construction access in subdivision (500 sf ) square feet 11. Please describe the vegetation above the normal pool lake level/ normal water level and 50 feet landward to be impacted:* (nunber of trees, for instance) Grass buffer, no trees removed, no disturbance to buffer. Dredge by barge, material hauled off by land and left onsite at Keel Bay HOA common area. Silt fence installed for erosion control. Sketch: Dredge Application.pdf 3.79M13 Dredge Spoils Info.pdf 2.7MB Sketch.pdf 236.87KB Application Fee: Once the application has been accepted. You will need to send a corresponding fee in with the appropriate DWR#. The application fee is as follows (pursuant to G.S. 143-215.3D): 0 $240.00 for impacts to lake (below normal water level) of less than 1 acre 0 $570.00 for impacts to lake (below normal water level) of greater or equal to 1 acre By digitally signing below, I certify that: o I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief o I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. o I agree that submission of this Shoreline Stabilization online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); 0 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the Shoreline Stabilization online form. Full Name:* Janice Estep Signature: Initial Review Is this accepted into the review process?* Project Number:* 20191289 Select Reviewer:* Select Reviewing Office Has payment been received?* What amount is owed?* rYes allo Version:* 2 Alan Johnsomeads\adjohnsonl Mooresville Regional Office - (704) 663-1699 r No Payment Needed r Fee Received r Need Fee - send electronic notification r $240.00 f $570.00 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT N0. n _ PLAN NO. _ PARCEL ID: STREET ADDRESS: �/ G1AJ,%J4M0h) -rF-Er LN e012^47 r14S N)C- a$o3 1 Please print: Property Owner: L4-J _ GUNjw 0'* 4w Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize n of 1 LLB.. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: 763 -6s6 - 38q 9 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. lAu 90zedSi na Authorized Signature Date: / V Date: cRa m wur � slw+a xo ru.m •[. XL wty�,.F4�ry A Mn� YSYi! a .mn� wrtt�um�� � g ru � �anec ri ir.E�ehaq.�xw m O +.a�gl�-�o�lifgp. W ��NOlu � soa �°�IIr ras�InF •oN aF6 (II At �IX�F4 nC__-qO�� �uVln ' ShTV61rM!-1s � �IVF�IGa! �Rfn 50unu¢ M] Pmou BACi � A� e �1H[�Iwn v mea.3 cl! �efi4aa mNn. ne •' awn tbL � ea WF ,uPrxF .v'Mi as 9Yr �S� V¢ v pmp wcrDa [a NACRubg .4ix CY1vWGG mm € I MTSA WPTAYAT95 I E- 287e2/015 a®IE 1fAY TRumpits ti'1e32/459 16.896 AC,+— TQTAL PHASE 1 12.812 AC.-+-- TOTAL THIS MAP w et1 � smpn�Wea���NOyy�, � e.4rEmW c"�a�w v.N"w � moweeas m �,sr�"s,wW wi.il"'bi rt�syy srvpn! i oqW .xJS. a NTc +nwi b� r.�w,y N.�wsaameeh� br Ma O�r N1't.W W��fv ! rvmmv 4 v� �Ml1eW0 RUA hn �lmv.ria..npns. 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LLC 30102/931, 30102/938 I I _ I Teaa/sxs _ _ € L PPH 2o-20MDM - I = 2a+se/eal Po 2f-Tlo NaMYo4s �ipfu�gatra. i �.iE3Ti1ly �•l:]r lltttJNC 1[tt1 i.5GI� �9=R[fiu.:3 ait iJr43[l� kRE..a3�#ii�tRRtL.k':i FR tR'!£YGTJt�i • � �llt� tt<1t11MsgYCLY�>AI:hY'r � >•ttGt1Y:L" tRttttl:V±1� R.IA11 �""h f�C rtttti. l! �,vttEl:393_ a� iE� yt� of30 301U2, v#C[ Rt hAF ®Olt 3B PAGE ���4tlYkecltRRf3Y1�RR�.HY.ICR IDllaraUi tFiF6U�t9[GiSYfl© tGAI>lI.'Jr�.plt\lilli�ttlFYir 311G ]IIileIs•1�.::SL�i:]S���F: � 1gCi Ai'Ikiid.��koiTlrfil2Yv �>L-a �- i6lyest-R11�tt[illtRRi�.'#:1eR u'Iita::�Esriri +a.ttcynalelt3r areTz°� �x rw+cslr�urrt ta#tt+.�cr�nrca� iFrkr -� tsrrin�TRwesr �=�rR: twoa��RtF:a �.zrrtckvrn.R nld tr�T:�tcTulwalofTf� tpF�rs+R� REC .4TTtaraon :311 G -, r C05A �3 �56 p�118S'C 8/�'♦ SR �` — t i i i DEYDMONSURVEYS 417E s- CHW(POOYEY, P3762 sc1LT: 1- " ee. oa 3o:9x a: va Fw PHYSICAL SURVEY / MAI, ALAI ROBEH7 D MON PLS #y899 m PC,is, 3704 NC 1iiGf A 11S nOAT1i P.O. 494-PDMFE NC 28o37 1EU1{Y 70Wk5HIP KEEL BAY PHON _ 704 031490 11EC=laURC COMY, NJ PHASE. ONE - MAPFA?L1 7114f483/2r7o SOB/ R#Y6L41NG P+VtCfL 00113216 .Z-, A T[T,,, L 2 " 15-a5 10510/M eO n so l:il Y A I Sri Kj 1 &o§ "Z 0 � « O / � k \ � � d k / » c � 5 i O ll1�A Foil Pond/ Normal Water Level Shoreline "o removed T� La ke (At Full Pond/Normal Water Level) 40 31 c�k yap �s �Omse. Please approximately sketch the following information on this plan, length of shoreline (provide dimensions for each item, such as 10 ft x 100 f) *: 1. All proposed vegetation clearing 2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation 3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation 4. Location of any proposed structures such as buildings, retaining walls, docks, etc. 5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation 6. Location of construction access corridors FORM: SSGP 10-2013 Page 3 of 3 > > C n T ° � � o C7 co m m (n m @ v � m a At 3 N C d 3 o O o j o Q �k U5 _ n rn � o 0 L °> d w o b CD n �. C3 j a D C � N 5. C r`g \\O O -i O c ? � o n i o S W N N O o ogm_, cm N p 5 mK Z i► �► o 3 a =, in w_ o o m rn O �04.3� 7 N -1 Z 7; n a y C p C o N O 0 0 ti a W v o a °o .N., m aZ O ° 9c CD z co n m m m' m cZ� ° N O Q y o r o w S @ p m ° o m n m a @ Q - O O P O O Z i4 CATAWBA RIPARIAN BUFFER NOTIFICATION FORM Project Name/address: aa5 ft 6rnrry4-wp" -rR-EF 11J- _County; _k4g�j� Owner: #W 60,11 /?n/g /"'�_'X Print Contractor/agent: Print I Si 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 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 11 'L " '' ' ` hereby state that I have been informed of the Catawba Riparian Buffer Rule. Any wa 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: /° s �a -}�. r .��� '�. ''-'irr ,� a® Duke Energy Excavation Permit Application Form FOR DUKE ENERGY USE ONLY Dyke 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 tt> 'Z ZINtials-40—yi Date Final Protection/Avoidance Area Markings Field - Verified Approved to Start Work By * : Date Completion Required Date Passed Closeout Inspection* (Print) Date of Any Approved Extension Initials Initials Date_ (sign) Initials Any Stop Work Orders or SMG Violations*? (check one) DYes ❑No (If Yes, explain in PART V) Date Deposit Refunded Initials Date Permit Database Updated Initials * forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work Orders with application Part I. Applicant Information (.Please Print) Name Akatan �� vtn +�inam Telephone Email address: ', Lake Address Mailing Address (if different) 09 11 Q s n nanna A 7L abRll r1nrnMnn j�?_Ln,___ Ce'rneAlos Me- 61&S1 j2orn ,t>'6tEAC, am,31 Contractor Company Contractor Contact Person s,,; ce. '5 6i,r D Telephone 7104 _ l reb - 5ILL I Contractor Email Address: j n Fo & c6-- Sin e-&nei Ce CUCI'l ng . corn LAKE LOT INFORMATION Lake lhlerman County City C2r,nel', ►s5 State -tLc,Tax Map No. Subdivision _ �Ai eel Gau Lot / Section No. Lot # (� Lot Sizet. a Acres Duke Energy Page 4 of 13 rev 10/1/2019 Excavation Program Duke Energy Excavation Permit Application Form Are there any Co -Applicants'? (check one) ❑Yes ffNo (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 10 7'7 20 Initials (Duke Energy) J F-Y-M (applicant/contractor) Duke Energy Page 5 of 13 rev 10/1/2019 Excavation Program Duke Energy Excavation Permit Application Form Part II. Description of Project A. Basic Informati 1. Type of excavation: (check one) PTNew excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) ❑ Boat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel O'Other (spec): +neap cgZ�, 3. Lake user category: (check one) ErPrivate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (specify): 4. Max. Excavation Area Dimensions (ft): Length qQ r Width Lit) Depth 3 r (Note. include additional area dimensions if necessary so response to #S beloii, equals max. area dimensions in 94) S. Volume of Excavated Material (TOTAL for the project): 1-1-1.1-1 Cubic yards 6. Type of material removed (applicant determines by field sample if practical): d , r$ l S k It 7. Excavation Site area: 0. 11 O Acre (s) Disposal Site area: ©, Q:A Acres) 8. Total Disturbed Area (including equipment staging area): d ..Q.5 Acre (s) 9. Does the ect meet the requirements of the applicable General Permit? (check one) es qo 10. Do you claim title to the disposal area? (check one) ❑Yes No 11. Do you claim title to the equipment staging area? (check one) ❑Yes Q 12. Are there any water-treatmacilities within 50 feet of the proposed excavation area? (check one) Yes �!o (If Yes, specify): 13. How will the excavated material be entrapped and the erosion controlled? (e.g_ .see attached erosion control plan and disposal area design): -K)+re&Ae. b4 1--arse- . —'Dredg-e— rr*A-erlal A-Q be V-a"Ied ou+ lmnd u5:n3 C6n5*rvC{ion Cxuess road and leek 0" ,SL <e 'In l.o rwnoh o re o, LoC(X+ed cx+ '),W 5O ± kend erso n 1(see c3,:0or-bedeed) Erio5tov\ Con-�ral�ed bq 511i fence. Duke Energy Page 6 of 13 rev 10/10019 Excavation Program Duke Energy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: Lon3 reach e-kM\)O Ov, 15. WiII waters or wetlands be crossed in transporting equipment to or from the site? (check one) ®Yes ❑No (Ifyes, explain) 6� \,�,r9e� 16. Will return water re-enter the reservoir? (Check one) ❑Yes CNo (If'Yes, speck point(s) of re-entry and show on Excavation Area Drawing) ❑N/A 17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? ❑Yes Mo (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Permit # ne&u dllc� rn,$- GppIIed 1r01L 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START 'a, / a k FINISH (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 10/112019 Excavation Program w vo O- V "Ell a " o I r � F � 35 fdCS S. 0 h a S ;+ � O � x C 0 a x- • T m m b 9 u rt a r w o m o w" CTJ cu ;.. o • td -� <D @ n oCD a n o CD M CD � N cs •� �� Iro � 0 k a m R C7 � e Q. d a a Duke Ener Excavation Permit Aimlication. Form C. Applicant's Simatures - — gr,c�rea. W\eme Chet Comments: Ne.t9klbo�s: Joe E aoq;5 C 1 nruman i re Ln. C o; r%ev, u5 , XMC 9L8631 O-c v3d E V s6,61,e, Ser-+°nof 'aaIya U` O-JAer Henderson lam, (°orne-ItiQs, W! abb3t Applicant Name (print) 41-4nl CuVnlwO 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 Co -Applicant Name (print) Co -Applicant Signature* Date *Per my sib ature, the information provided in this application is correct to the best of my knowledge. Duke Energy Page 14 of 13 rev 10IM-1 il9 Excavation Program Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date iol d.5 l ao TO: Duke Energy c/o Lake Services - EC 12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For (Subdivision and LotWsor Other Project Name) Ac)Q i 10, n fYi.iYlnm Trree. I�L _ _ � � Lo 1,' ep_i CYl (Lake/County/City) Npr,A QAN /meWI (Applicant's full name) IA\N���trri, hereby agrees to comply with all recommendations, requirements and/or c ditions of Duke Energy, General Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the application to excavate for the purpose of a ,neck) &CVL, In addition, Uwe have read and agree to comply with Duke Energy's current Shoreline Management Plan (SMP) or other applicable guidelines, much of which is repeated herein, and understand that written authorization must be obtained from Duke Energy Prior to beginning any activity within the Federal Energy Regulatory Commission (FERC) project boundary or on Duke Energy property associated with a reservoir, collectively referred to as Project Boundary. The excavation will be completed as described in the approved application and within eighteen (18) months from the date of written approval by Duke Energy, unless specifically noted otherwise in the application or unless Uwe obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy. I/we understand that if the SMP or other applicable guidelines or rules change during any extension period, I/we will be expected to comply with the new requirements to the maximum extent practicable. I/we also recognize that failure to complete the excavation within this build -out period will require the filing of a new application within the then - current SMP or other applicable guidelines and the new application must include any applicable fees and security deposits. 1/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project Boundary where the excavation activity is to take place, or if not the owner or lease holder, Uwe 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, 1/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. nee Fwgy Page 1 xev 4/6/2020 Uwe understand that all excavation work must be done directly in front of my/our property and as specified in Duke Energy's approval. I/we also understand that access channels must run perpendicular to the shoreline while within the third of the cove area that is nearest my/our property. 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 Energy's Excavation Permit Application Form and other required information. I/we understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before I/we submit the final application to Duke Energy. At FERC-licensed reservoirs, Uwe understand that except for maintenance excavations, any excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline stabilization work needed to support an application that requires FERC review does itself require specific review and approval by the FERC before Duke Energy can issue any approvals. I/we agree that unless specifically approved otherwise in the application, explosives will not be used as part of this excavation activity. I/we understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife and other natural resources. .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 Duke Energy. Uwe agree that excavation activities will not occur during the months of March, April, May and June because of the potential impacts to fish spawning areas. Uwe understand that trees and vegetation growing within or adjoining the take 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. Uwe 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. 1/we agree all excavated material will be placed in upland areas, landward of the Project Boundary, and confined to prevent erosion and sedimentation back into the lake or nearby streams. Duke Energy Page 2 Rev: 41&2020 Uwe agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. Uwe understand that the double handling of excavated material will not be allowed; therefore, all excavated material must be placed above the Project Boundary in one handling. Uwe have designed the hydraulic excavation process (if any will be used) so that return water re- enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. 1/we agree that the proposed excavation will not be for the purpose of creating additional shoreline, will not alter the Project Boundary or the full pond contour, and will not impact threatened or endangered species, historic properties, or environmentally -important areas, unless special public entity provisions were made in the application. I/we recognize that it is my/our responsibility to clearly locate in the field and label on my/our work area drawings any areas that require specific protection or avoidance during this excavation work. Examples of these protection/avoidance areas include but are not limited to, any Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke Energy; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. 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. Uwe 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 and the State Historic Preservation Office to determine what measures, if any, I/we must pursue to protect or salvage the archaeological resources. I/we agree that any excavation from within the Project Boundary will not exceed the volume as outlined in the application and will remove and disturb only what is absolutely necessary to achieve the project's stated purpose. I/we agree to be fully responsible for the permitted lake use and 1/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. Uwe understand Duke Energy representatives may issue Stop Work Directives for violations of the SMP or other applicable guidelines and other consequences may result from such violations, including but not limited to suspension or cancellation of approved permits, increases in fees, modification or removal of non -complying structures and restoration of disturbed areas at my/our own expense or loss of any consideration for future lake use permits. Uwe agree to immediately comply with any Stop Work Directives, to fully cooperate with Duke Energy and other agencies as necessary, and to perform the necessary remedial actions within the specified time frame. Duke Emrgy Page 3 Rev: 4/6/2020 Five 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 Duke Energy by phone when the excavation is initiated and to ensure that during the excavation eriod Uwe will post Duke Energy's approval letter in a clear waterproof bag at the job site and visible from the water's edge. Uwe agree to notify Duke Energy 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, other applicable guidelines, 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. Uwe 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. Five 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 and Duke Energy lands and waters shall not hinder the general public's lawful use and enjoyment of the same. Sincerely, ALA,I 04rvair444-m Applicant's Name (Print) 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 Fnern Page 4 Page Rev' 4:&2020 b0zot$u - rtil4 For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2018 Apr 05 08:57 AM RE Excise Tax- $ 1390.00 Book: 32580 Page: 914 Fee: $ 26.00 Instrument Number: 2018040153 NNURTH CAROLI A GENERAL WARkANTY DELL Excise Tax; S 1,390,00 Parcel Identifier �o. 0O 113239 Vuri fiC.d by Co -um- on >he —clay raf . 20 MaW..Box to: (JRA ..`CEl'. This iastiutnertt was prel aced by: T1 ebeau 8c Associates. PA 1960O \l`. Catawba Avenue B1d . A. Ste. [ 00, Cornelius,NC Brief description for the hidex; L DT G. Keel Fiat' THIS DEED made this 3rd day of April � �. 20 18 , by and her.veen GRANTOR Balasubrainanian Palani&w.9y, and spouse, Radhai Raman-nnly 1 ,32 Summer Feld Circle Brea, CA 92521 GRANTEE )Van C. Cunnirtg[Farn . and wife. Kimberly K. Cunnifighaln 2L91 I CinnainciiTree Lane Corn ell �Is,NC 2SO3I Enter in aplar'ctpt'iate block for each Ciranttir anal Cir�uire,;;_ [1tL;11C., nia=li;3g aiiclress, �tlid, i f al?jsa"opriate, character taf entitY�, e.�' corporatioll or partttersbip, 1'4ie. designarion Grantor and Grantee as use.l hei•eitt shall inch clesaicl parties, their heit-s. s.iccessons, .aid assigns, anct shall i€ichides;n ilar, -9i111-al, nnscidiiie, feminine or neuter ns required by context. WIT 71 SSI: 1-1. that the Giran i.r, fi r ri ec n:sideratit n p;licl by the Grantee. the receipt.cif Which is hereby acknowledged, lass and by These grew-ncs Glees gram, bargain- sell and conv,- nni o the Grantee it fee sintple, ,JI that certain IN', parcel ofland or condo-minium will siniateci In the Cityof Y cQrileliIts Tolxnship. lieeklcnburp* C.ounry.. North Carolina and more parr cnlarl.y described a ffall�7�.:s: BFING all of Lot 6 of keel Bad Subdivision, Phase ("net Map 1 as Shown Gin ma i thereo"recordcd in Mal Book 59 i Page -469 in the Mccklenbur�- Cennty Public [�Udslry. Being a portion ofthe properr,- acquired by Grautor by instrurneut recor6cd in Book 31343 at Pate 77? is the Meckle iburt, 'uhltc l�et�istr�. The property hereinabo%-z described was acquired by Grantor by itiAT-Urn;nt Te-coidf-d in Book page All or a patTi(1ti of the property= herein conveyed _ includes or X does not include the primary resIdence. of,--- Ccirant[)r_ A mu sl;owjng the Qbo e descrited t-o eTl y is roc orded in Pha Book 59 Lc— 469 NC Bar A , x: 3Lion Pc n`- No- 3 6 9 ; Cl 6. R,-yisecl 1 >'r-_ ';::i _ !0I , - - T?as s=..�-tla,rt it.saa_ iat:s been apl,r;vcd b�'_ tinuxt by .aQ:2'.cnin-a 1 ilh flll". NC x1ar Asm- iz.,kn - i 0S `- No:t€1 Carol;-. 131, :iSSO68,L�€1a -- N(, Helr i-G: e:: Na -{ Submitted electronically by—Thebeau and Associates" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Mecklenburg county Register Of Deeds. blal-o2su - 1-U-10 TO HAVE AND TO HOLD the afara�aid lot or parcel of land and all pri vileges and appurtenances thereto belonging to the [grantee in fee simple. And the Grantor cotenants with the Grantee, that Granter is seized of the preauses in lee simple. has the right to convey the same in fee simple., Char title is mat-ketable and free and clear of all encumbrances. and that Granror w,11 warrant and defend the title against the lsaWfOl cluitns of all persons whensoever, other than the following exceptions: All such valid and enforceable easements and restrictions of record. IN WITNESS ;I+,'HL•'1d1::C F, the Grantor has duly executed the foregoing as of the day atud year first ove. 'Written. SLAI:... (Entity Nance) Printffype :' ne. _l3.01&Lubratrtanian Palanisatny By: �...= Priattfype NaMe k Title:.__ Printil`ype Name:-R,,jdjjai RatnAsal2n7 _ By. PrintrFype Name & 'Title: w _ (SEAL) Print/Type Name: -- By- SEAL PrintrFype Name &.'Title: _ _ Printflype Name: -_ State of North Carolina _ - Connty ur City of Mecklenburg r ,, 1, the undersigned rotary Public of the County or City of f= L k and State, ,daresaid, certify that Balasubramanian Palanisamy, and s tpou,s -, Radhai personally appeared before me this day and acknov,-R!dged 4iedae, execution of the foregoing insirurrmew for the purposes therein expressed. Witness my hand �11 Notarial, cramp or sea{ Phis 3rd dayof April , 20 18 1 My Commission fxpires: s , (Affix Sral� 1 X �� 4 •. State of.__ ........................._.— -County or City of ..... -- r- App#. RxDjrps Ja<l ur tar. r ?419 I. the undersigned -Notary Public of the County or City of . .....................___� and Sta e a ores at . ca �= a personally appeared before ine rhis day and acknowledged the due execution of the foregoing instriment far the purposes therein expressed. Witness my hand and Notarial stamp or seal this ..................... duty of 2ll :1+1} Commission Expires," (Affix Seal) Nutar.° `s Printed or Typed Newc Notary Public State of - - County of City of 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that personalty came before me this day and acknowledged that _he is the of a ]North Carolina nr corporatioMintlted liability company/general piainerslup/limited partnership (strike through the inapplicable.), and that by authority duly given and at- the act of such entity. _he signed the foregoing instrument in its name on its behalf as its act snd deed. Witness my hand and :latarial stamp nr seal, this -...._....._. day (if 2(.).,....,,. My Commission E'Xpires: ( A fli x Sea]) Notary's Printed or Typed'Mmile tary Public Pape of, NC Bar Asmxiation Ibrm -ro. Ibis standard Fora: has been approved by: Trio€ed try Agr43cntenf ti;ith the 1'C' ttar ft.ss�ialion 1981 Hart i Crrcrtin€ Ba Ass[ .iation —NC Bar Forni No, ti Project Name/address: r ri MC- County: I_acation Address: ®050,U r �- Lv1C d I Parcel #: � ParceVlot size Disposal area required (sq ft and/or acreage) Acknowledgement of Notification I' �rar am aware that the site must adhere to all state regulations and ruldingsediment and erosion control and water quality_ And give permission for .r% I A Name of Individual and G6mpany to dispose of their dredge material at the above stated location Owner: Print Date: W :.2L-) =u Along with form, please provide: Aerial of parcel/lot (County GIS) Photo of proposed spoil site Identified proposed spoil site � yr s n,,3 -s mot., C rv,e,,3�Tcr'` ,n (0 q (n - c, I 0 (n 03 C) w 01 CD -0 0 (D 0 cn- tb D c a <D CD 3 (D 0 CL 0 CD cr o CL rL CD Q T4 wpp, 0 C =F (D CL (D X- CL gb.t (D 0 X '0 Colony Point.LrQ, cb C) 77 & IR :3 < a- 0 0 3 CD :3 tL co 0 0 cn CD W i 7,o L CL sn 40 law TWT RUS 0 uetoxot4 f06Z Moto') m -P .-w;..4m � � s oJtV m.,i ¢m15 n R1.v +�i4is�vEVK�`irtS1 a wx'Pn • �ft�r � a Wf�: s.0.v xvaMx M¢a � T .X w1Rr. OCIYnrt. . +�it`sWM v�ctmv10 mr �� xwo' r MS � wr�Rvm�m sa,�wVU w`�4�s�rNaos � a ski puryn ' �t mr ei'�a�.wa,am.R xo Fm�n laafc� w i, m W� nz9 9�a[S�oSu ti:�M,+i,v�,t e9 i�, m:m„.nwvm xwz .°L4°own wu.+a w.usce 16.896 AC.+- TOTAL PHASE 1 12.812 AC.+- TOTAL THIS MAP m cv g .Mn W 1af u+•�+smM GY N � �u Yd+w. 0. a.a m� � � H.• wwm H om Yw.i m w et,•mk�`r�✓ me em.®ten `� � x` ro.r. w mmiw� uw u.� •=nl mm�,ea �e a m N e Ow. wsN.y d'smr. ream. aapy we,awe. �Ne M Ny#�� s mmW �.'n a R6. •,•v Rb'.1 arsh o.v m. k }la er 6W eliF.- L. tub n•r..��Mmti-.v u� san ame.p mrc�non-0-0 boa - uw �x•v w�.A `� 6 �R # �N�IdbrWi,.1� `mw STn�VF xxcw,H G9ouw r LAKE PROPERTY INV. LLC 30302/931, 3GI02/938 g f {� moor. I .•w w m„ me HEAt'fY TwVH'C I ETFIYI. B6A'1iY yyTZFM B&,' I G 2k32/019 __ __ :a 1355 AC.+- j 7I a S E e ' FP[ 762-2' 67766 SF ElW !- 3 HILLY BHA06Y 9267/917 t 2JM Ar— - 90190SF Rr ���Htw1 1�iEi•:f•.4}Y•rwE.•x.! ��ifciinl�E�•Ib'! IDii•1.T.�e"ac�ilD! I`iV•EE �'i�Ei'L! SLM.�ilil,� �II1�CEvi4]H4�iilT1� �EtiF5ka4Ei:9'_IrW EfrvlL•Aii�Y�Y6+! - �di.Z?1Cdllil:.s,. tAli�xvuix+!}y�E Is-1- IRfs�EkriF (i�F"b 9•FF>•E�H&ICEt:-E➢� tKH. Sfi�L?ii]�wEii#1� wr• ��>arr>fffsyvaFa�}:��u� �1a6raru,o� ium�>rx.�.xs1� ��sx;.•y>om��saer� i4i�"'11.,,1rc'asa�ssm'aasazmo so•'wac>a•1�nea;�MOM E�feL`O�ik[S]• �Flil!51G�p EM`11bFTlsIHC =� MiiY{i[YL.k© }ml Z ��l>�•>•�F1L� bit 1�f�wRE:�i'15t '•Yf itE6RZFRliH1/ � "+� �f 2 __-1AKE-� '-=HOBYdN�r_ y�`�•S� - M•ra unxw f L-2 PB 15-45 1 r`>< a7s}Ac..- A =-N9AYAN�-- HA9m AHKBNET1iY 65MSF - � 7mu• Ds 28762/818 I SpUsig� E 13PS2/iH8 - p 0.768ACa-`•-. . l 33"usp J i L 1� I-W4 AC-1 . , 45915 SF t ,y� ,nrr{m•, �� 5 .w l i�r u Q�n s .�`.'•.ctt 1l [{m�uYjs1\J 1_l+ 49939SF m —' rcc 740 - COS. GREEM1TBPI.T ' 672 A ..- UC W 11.71 SF I yea/49z Irrwcr um�� � � $ I 178Bz/529 _ 4AP1Y KAI� MV. L-42 P8 10-298 I € 28169/90l OEDMON SIIRVM \L-93 P8 29-710 UiGYioc �utF - tg3� �¢¢IY JUv 25P.16/H45 .mc I• scr a, w. cyerns wu3sn m,.nrtc +' HA3e 9-]9-15 DEDMON SFly w,F 6_1-1s 11s ]oem r: w, PHYSICAL SURVEY/ FINAL PLAT FORRODERTO 3704 NC HIGHWAY AG NORTH C;HWA, PLS djBggBAI KEEL B o_P.O.SOxggq-DENVER, SITE LEmLEY TOnsmip HC z8037 WUNSY• NC EM�LCKM—�BURC PHONE-1 4 8j 9N-CS x IsHASE ONE - 1 _ A ,� FAX 7"483J],7o wal WVfw i➢MO1¢/FVEI'SOoea SiRiw, H>` rn ownwie CP ......-. _.._ e�� IMMLVING PARCEL 00113216 _� e�..nvxt'i u--«aR�.... tSJr7dub - t1bz1 For Registration J. David Granberry Register of Deeds Mecklenburg County, NC Electronically Recorded 2016 Nov 01 03:46 PM RE Excise Tax: $ 0.00 Book: 31308 Page: 627 Fee: $ 26.00 Instrument Number: 2016149234 NORTH CAROLINA NON -WARRANTY DEED Excise Tax: $p Parcel Identifier No._A portion of 00113216 _ Verified by County on the day of 20 By: _ Mai VBox to: GRANTEE This instrument was prepared by: Cornish Law, PLLC 8936 Northpointe Executive Park Drive, Sane 195, Huntetsviile, NC 28078 NO TITLE SEARCH Brief description for the Index- Keel Bay common area THIS DEED made this Ist day ofNovember, 2016, by and between Kaneel Bay Development, LLC, a North Carolina limited liability company PO Box 37229 Charlotte, WC 29237-7299 Keel Bay Homeowners Association, Inc., a North Carolina non-profit corporation PO Box 37229 Charlotte, NC 28237-7299 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETB, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of Which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lox, parcel of late} ar condominium unit situated in the City ofCornelius, MecklenbwgCounty, North Carolina and more particularly desenbed as follows: BEING all of that certain lot identified as "COS GREENBELT" totaling approximately 2.678+- acres on Plat Book 59 Page 469 recorded in the Mecklenburg County Register of Deeds. The property hereinabove described was acquired by Grantor by instrument recorded in Book 30369 page 406. All or a portion of the property herein conveyed : includes or _x— does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plut Book 59 page 469. Page t d2 Submitted electronically by "Cornish Law, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Mecklenburg county Register of Deeds, 041 JUB - POZ6 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written, Kaneel Bay Development, LLC VN--::) -\- W- By: Lawrence W. Mashburn, Member/Manager State of North Carolina - County of Mecklenburg 1, the undersigned Notary Public of the County of Mecklenburg and State aforesaid, certify that Lawrence w, Mashburn personally came before me this day and acknowledged that he is the Member/Manager of Kaneel Bay Development, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed_ Witness my hand and Notarial stamp or seal, this 1st day of November, 2016. Z . No ublic (Affix Seal) My Commission Expires: 6/7/2019 Page 2 of 1`tt,µt11f1!!!1s`r + A R A p,•.,. c COU, fl17111t t1\*` Catawba Indian Nation Tribal Historic Preservation Office 1536 Tom Steven Road Rock Hill, South Carolina 29730 November 19, 2020 Attention: Janice Estep Natural Green Scapes Services, LLC Re. THPO # TCNS # Project Description 2021-937-4 Alan Cunningham — 20911 Cinnamon Tree Lane Dear Ms. Estep, The Catawba have no immediate concerns with regard to traditional cultural properties, sacred sites or Native American archaeological sites within the boundaries of the proposed project areas. However, the Catawba are to be notified if Native American artifacts and 1 or human remains are located during the ground disturbance phase of this project. If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail Caitlin.Rogers@catawba.com. Sincerely, Wenonah G. Haire Tribal Historic Preservation Officer ID#* 20191289 Version* 2 Regional Office* Mooresville Regional Office - (704) 663-1699 Reviewer List* Alan Johnson Pre -Filing Meeting Request submitted 1O/2712020 Contact Name * Janice Estep Contact Email Address* info@cbcstoneandrecycling.com Project Name * Cunningham Dredge Project Owner` Alan Cunningham Project County* Mecklenburg Owner Address: Street Address 20911 Cinnamon Tree Ln. AC&E—ss Line 2 aty Slate / Frovince / R�qm Cornelius NC RCstalI Zip Code Country 28031 United States Is this a transportation project? * r Yes r: No Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express r Individual Permit r Modification W Shoreline Stabilization Does this project have an existing project ID#? r Yes G No Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below. Dredge a 40' x 40' area for new dock. Please give a couple of dates you are available for a meeting. 10/28/2020 10/29/2020 10/30/2020 11 /212020 Please attach the documentation you would like to have the meeting about. Cunningham oredge.pdf 1.91 MB pdf ody By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application unti 130 calendar days after this pre -filing meeting request. • 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thi rty-day clock has expired, and you can submit an application. Signature Submittal Date 10/27/2020 /ot n> �m mCl) zo �m z C) cn �" J 0