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20201472 Ver 1_Shoreline Stabilization_20201210
Submission 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 417.41 KB Pre -fling Meeting or Request Date 10/15/2020 ID# 20201472 Version 1 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 * chris.noe@comcast.net Rease provide an email address for payrrent and requests for pure information here. Owner Information: Name: * Christopher Noe Email: * chris.noe@comcast.net Phone Number:* (610)256-1740 (xxx)xxx-xxxx Mailing Address:* Street Address 244 Seven Oaks Landing Address Line 2 City State / Frovince / Region Belmont NC Fbstal / Zip Code Country 28012 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 234.21KB Link to: Sample Agent Authorization Form Project Information [15A NCAC 02H .0502(a) & (b)] Project Name:* Noe 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: Survey.pdf Vicinity Maps.pdf Directions.pdf Latitude:* 35.155332 908.39KB 1.89MB 292.83KB Longitude:*-81.042176 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 300.98KB Buffer Form.pdf 398.51KB 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 1.24MB Access Pics and Permission Letter.pdf 2.35MB 4. Location of the property (where work is to be conducted) Nearest Town:* Belmont County:* Gaston Lake/ river/ ocean adjacent to Wylie property: Subdivisions name or site address:* 244 Seven Oaks Landing Belmont, NC 28012 Lot # 73 South Shores Include phase/lot nurrber Directions to site: 610 E Center Ave Mooresville, NC 28115 Get on I-77 S/US-21 S in Davidson from S Main St, NC-115 S and Langtree Rd 13 min (6.0 mi) Head east toward Evergreen St 108 ft Turn right onto Evergreen St 417 ft Turn right onto E Center Ave 0.5 mi Turn left onto S Church St 0.5 mi Turn right onto College St 0.1 mi Turn left onto S Main St 1.2 mi Continue onto NC-115 S 2.1 mi Turn right onto L.angtree Rd 1.1 mi Use the left 2 lanes to turn left to merge onto I-77 S/US-21 S 0.4 mi Follow I-77 S and I-485 Outer to Moores Chapel Rd in Paw Creek. Take exit 12 from I-485 Outer 21 min (21.6 mi) Merge onto I-77 S/US-21 S Continue to follow I-77 S 10.6 mi Take exit 1913-A toward I-85 S/Pineville 1.4 mi Merge onto I-485 Outer 9.1 mi Take exit 12 for Moores Chapel Rd 0.4 mi Continue on Moores Chapel Rd. Take Catawba St and NC-273 S to Seven Oaks Landing in South Point 23 min (12.8 mi) At the traffic circle, take the 1st exit onto Moores Chapel Rd 0.1 mi At the traffic circle, take the 2nd exit and stay on Moores Chapel Rd 3.2 mi Turn right onto Moores Chapel Loop 0.1 mi Turn right onto US-29 S/US-74 W/Wilkinson Blvd 0.5 mi Turn left onto Catawba St 1.4 mi Turn left onto Keener Blvd 0.9 mi Turn left onto S Central Ave 0.3 mi Continue onto NC-273 S/S Point Rd 3.8 mi Turn right onto NC-273 S 2.1 mi Turn left onto Seven Oaks Landing 0.4 mi 244 Seven Oaks Landing Belmont, NC 28012 Reese include road narres and nunbers, landrrarks etc. 5. Describe the existing land use or condition of the site at the time of this application:* Residential Residential, undeveloped, etc. 6. Property Size 1.03 acres Acres 7. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): Dredge a 50' x 55' area for new dock and a 26' x 40' channel for boat access. 8. How will the work be done?* r From Land r% 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.) 394.99 cubic yards below square feet 10. Total amount of disturbance above the normal pool lake level/ normal water level and 50 feet land -ward: * (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) 0' above square feet 11. Please describe the vegetation above the normal pool lake level/ normal water level and 50 feet landward to be impacted:* (nunber of trees, for instance) Grass buffer, no trees removed, no disturbance to buffer. Dredge by barge. Dredge material to be hauled off by land. Permission granted (see attached letter) by construction supervisor to use access at nearby marina under construction to haul off material. Dredge spoils to be taken to disposal site (see dredge spoils form) by permission from owner located at 990 Brattonsville Rd. McConnell, SC 29726 owned by Buddy Clawson Construction, LLC Sketch: Dredge Application.pdf 3.92MB Dredge Spoils Info.pdf 944.16KB Sketches.pdf 277.51 KB 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: �.armc�irp��r C�r�sr�r�rr f]a� Initial Review Is this accepted into the review process?* Project Number:* 20201472 Select Reviewer:* Select Reviewing Office Has payment been received?* What amount is owed?* rYes allo Version:* 1 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 NO. PLAN NO. PARCEL ID: STREET ADDRESS: � 44,j 7SE—VerJ aAkS L 11 j811 ?:YEUvzn� T— a N G Z8012— Please print: Property Owner: Property Owner: C.J�� The undersigned, registered property owners of the above noted property, do hereby authorize (Contractor j Agent) N (Name of consulting fi )' 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: Cot O 2-S& 1 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. — A�k ke- Authorized Signature Gate: 1'0t24 2'D Authorized Signature Date: 11)11 a jao 9 n gg $$ 44 n i $�lgEE%M1M1 �$hh"" a _ a � yn O—O gmP m$ � c C) ma C N m c? Z Z P x c> r C N # N M N A 1 G d0 ,y. ti FB ,¢ A P�• •� i q l I OR A S 1 rg a g cww RP-viSH1> PLAT OF LOTS 12,13 4 '74 Mr -LEAN - SOUTJ4 Si-4O1s� - PpASg I - MAP 5 SOUTH POINT TOUNBNlP, CfTr OF BIwLMTONT C%48TON COUNTY, NORTH CAROLINA ...13 a Prd P rr fig 0 0 COMr01 I'OIM., InG cewu.vc�.w 0 Gam? Cv Ch N U) ro m 0 ED 77 CL :' to TI N j W 2 2 n m to m n 0 0 x 0 0 C 3 `C Gl D C �4 n 0 N a Q m v O N O N O J z 3 7 z w aA+ 0 m V rn cn A w N71 v 7 n fll 3 O O qy (p D v P o D O c` _ C LS. w a ro m a a ' 3 (n 3 'Z En - cD - a � a 2 Cl r+ :3 M A a � i - f) (p < r nr Q - - - 7 C < o - W C _ ^ - M. ID m 2 m S € ©Z p Er N a . U7 - - 3 D _ C 6 V) CD _ C �v a3 m y a c o c 9 co m 6 Q a C Q C m fD m F +. lC1 [D N .we S Ln m N S N eD [9 fU .�.r c d w m n m (n -' µ C m N O� .0 @ 6 m tl o D �' US o� t .x* .x.. o 'tl C OT O f0 o N — 0 J W O C a O w m o N n=m '' n v x vc to7 Al N T N rFe eD O [r m LO Er N o A � C .. 3 0 EL o n O vo � c O C W 30 W co cn N w m 3- .rt 3. uL Full Pond/ Normal Water Level S (At Full Pond/ al Water �evel) f t Cui' yo' f 55 ' 3,5' cu+ 5011 u(jC)CV zf- --�D Please approximately sketch the following information on this plan, length of shoreline (provide dimensions for each item, such as 10 ft x 100 ft) *: 1. All proposed vegetation clearing 2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation 3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation 4. Location of any proposed structures such as buildings, retaining walls, docks, etc. 5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation 6. Location of construction access corridors FORM: SSGP 10-2013 Page 3 of 3 �►4TAUURA RIPARIAN BUFFER NOTIFICATION FORM Project Name/address: Owner: Print Contractor/agent: (? Print y ature 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 0213.0243(4) and (6)] Work to be conducted from land must indicate an access and indicate any trees that are to be removed. The work corridor should be described. The approved access corridor shall be restored. Staging, spoil, construction material must be outside the buffer. [15A NCAC 021-1 .0502 and 3SA 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 hereby state that I have been informed of the Catawba Riparian Buffer Rule. Any work conducted in the buffer, not specifically stated in the application and approved by the Division of Water Resources (DWR), is a violation and subject to enforcement. Due diligence will be taken such that the construction will be built within substantial compliance and intent of the 401 Water Quality Certification and Suffer Rules, the approved plan(s) and specification(s), and other supporting materials. Signature (owner): Date: 10 s J r _ tR .� AV 16 hv, A a F f�+ l mm .. • 5 i 41 f Tell LADE WYWE E LLC October 15, 2020 VIA EMAIL Janice Estep CBC Stone and Recycling, LLC Natural Green Scapes Services, LLC CBC Grading and Hauling, Inc. 638 Oakridge Farm Hwy Mooresville, NC 28115 Re: Agreement for removing dredge material for Mr. Chris Noe at the McLean Marina Dear janice, Please allow this letter to serve as notice of consent for CBC Stone and Recycling, LLC, Natural Green Scapes Services, LLC, CBC Grading and Hauling, Inc. ("CBC") to access the McLean Marina location for the purpose of removing dredge material for Mr. Chris Noe. Below are the terms to be followed: • The marina is currently under construction and parts of the marina will remain under construction during the time frame that you have requested for the removal (through February 28, 2021). Please provide at least 30 days notice of your arrival so that we can coordinate with your team. • Given the construction activity on site, the exact location for the offloading of material will need to be determined at the time that the offloading occurs. • CBC agrees to repair any damage to our property during this activity (including but not Iimited to the bulkhead, launch, boat ramp, rip rap, landscaping, boardwalk, asphalt driveway etc). CBC agrees to thoroughly cleanup any dredge material left on site from the activity (including but not limited to the bulkhead, launch, boat ramp, rip rap, landscaping, boardwalk, asphalt driveway etc). The expectation is that the property will be returned to the same condition as immediately prior to the activity. 419 SOUTH SHARON ANHTY ROAD • CHARLOTTi, NORTH CAROLINA 28211 •704 362 0010 o 704 362 4411 F NW LAKE WYLIE LLC • Any and all permits required for this work shall be the responsibility of CBC. We are only providing access from Lake Wylie. • The work must be completed by February 28, 2021. • Please provide an insurance certificate naming NW Lake Wylie LLC as an additional insured, + CBC agrees to fully indemnify NW Lake Wylie LLC and its members and agents for its actions under separate agreement. Thank you and please let me know if you have any questions. Sincerely, j � A/////� Steven C. Hinshaw Member NW Lake Wylie LLC Agreed to: --?A 'e d 'I r e /— Title CBC Stone and Recycling, LLC 419 SOUTH SHARON AMITY ROAD • CHARLOTTE, NORTH CAROLINA 28211 • 704 362 001.0 o 704 362 4411 F Duke E n ergy Excavation Permit Application Form FOR DUKE ENERGY LFSE ONLY Duke File No. Application Fee $ Security Deposit $ Check # Date Recv'd Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Date Date Final Protection/Avoidance Area Markings Field - Verified Initials Initials Initials Approved to Start Work By * : Date (Prism) (Sign) Date Completion Required Date of Any Approved Extension Initials Date Passed Closeout Inspection* Initials Any Stop Work Orders or SMG Violations*? (check one) ❑'Yes []No (If Yes, explain in PART V) Date Deposit Refunded Initials Date Permit Database Updated Initials * Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work Orders with application. Part I. Applicant Information (Please Print) Name Telephone Email address: Lake Address t r aCnerinel Contractor Company Contractor Contact Person Contractor Email Address: LAKE LOT WFORMATION Mailing Address (if different) Telephone Lake County City State AC , Tax Map No. Subdivision h sihores Lot / Section No. Lot Size Acres Duke Energy Page 4 of l3 rev 10/1/2019 Excavation Program Dune Ener , Excavation Permit Application Form Are there any Co -Applicants*? (check one) ❑Yes ❑No (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 clone 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 Dube 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. 12/9/20 Date of on -site inspection g3') (applicant/contractor) licant/contractor) ` Initials (Duke Ener Duke Energy Page 5 of 13 rev 10/I/20I4 Excavation Program Duke Energy Excavation Permit A . lication Form Part U. Description of Project A. Basic Information 1. Type of excavation: (check one) R"New excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) ❑ Boat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel B'Other (specify): 3. Lake user category: (check one) ErPrivate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (spec): 4. Max. Excavation Area Dimensions (ft): Length 50 Width _ 5 5 ` Depth 3.5 1 (Note: include additional area dimensions if'necessary so response to #5 below equals max. area dimensions in 94) u \1" Ckc nne.l qO' )( at_p 1 )( [ I 5. VoIume of Excavated Material (TOTAL for the project): 394. qq Cubic yards 6. Type of material removed (applicant determines by field sample if'practical): D, rt l 5 ; l . 7. Excavation Site area: Q . Acre (s) Disposal Site area: b O Acre(s) 8. Total Disturbed Area (including equipment staging area): 0 , 14 3 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) Y'es Jo 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 CJ 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) Yes �fo (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): Dredge 63 �Ock e, MQ+eria t 'ho loe wiled o�X 6� lo-nJ and iv -ken +o dlsposo-t :5't+c, 10cc ed CLi 990 _Br(Xi+an5v)k lid, +etc Ccnne��, aq-7acv Duke Energy Page 6 of 13 rev 10/1/2019 Excavation Program Duke Energy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: Lbn© reach e-XG0.VCt-kor [ V)o 1 pe-i 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) QYes ❑No (IfYes, explain) 3 '� �j0.Vy- 16. Will return water re-enter the reservoir? (Check one) ❑Yes 2�40 ❑N/A (If Yes, speck point(s) of're-entry and show on Excavation Area Drawing) 17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? ❑Yes 621�o (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Permit # ?er,m 1t °-fPl'ed 1�6r 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START _� / a t — HNISH (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 10n/2019 Excavation Program 00 0 w ❑ O-Ella CD Cu Y o a o ED CD o m ,a CD CDm w ¢ co m o o. N; "@3� .� n O f° a Q m C CD �' C r cu 0 ro y � O (� a � m Q � c L �' CI' a� �o v� d a a 0 O rn 0 rti n n (b O O � O N n m as O � fD Q w � k � � [D m C" Q c� UR SID `C ca v' � x- O o ip l = cL r" 0. �cr 1O�� �ry �yLy O d coo n o p ro r . 0 p k 0 e R O47D 0 b A U� la � O � CCD O C o 0 m '-a o o � � ro o co e CL c m o n O U4 ¢ clq • � O fI� � o � rm O � � � � d � O � O C. C) � 0 o * z A =r F-Wavataorr ati€r rYO r C. A 3li-ant-s C'o,1,d„C,1t4: Me.13hborS , ® G trnn �l 1 GIL�SYIer arc) Seven Cw,,5 Landing 3ekmon}, NC ',Bola, OL C )Curies Cal6re�h a38 Sou+h Shores Dr. �elmon+, NC ;1BOI), Applicant Name (111'h7r, CI I��"� Applicant 9ignaturt,'.% COi-Applicaut Name f177117t) CO-Applicalrt Signature:: Date Co -Applicant Marne i12ri77t/ Co-A.ppiiciint Signature'=' .Date CO Applicant Name (1)1737ft Co -Applicant Signrrtiu•e* Dace Co -Applicant Name Ori:dtl Co -Applicant Sigrr€ttur•e* Date sierra€lire, the iatforillation providcc ill this application is correct to Thel�est c�#'nay knowledge. DULf F,ncr&,, I:xicavati lr Pro`g !'zee 1 [; ���' a rain Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date I o� TO: Duke Energy c/o Lake Services - EC12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For (Subdivision and Lot #'s or Other Pro aye, n,% Lr_ 1 - - -i. __ i -, 44 - -2 C (Lake/County/City) (Applicant's full name) hereby agrees to comply with all recommendations, requirements and/or conditions of Duke Energy, General Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the application to excavate for the purpose of a nevj 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 1/we obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy. Uwe 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. Uwe 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, 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 proposal within the Project Boundary adjacent to their land. I/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment staging and disposal of excavated material or if not the owner or lease holder, I/we have included proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the work on their land. Duke Energy Page 1 Rev: 4l612020 1/we understand that all excavation work must be done directly in front of my/our property and as specified in Duke Energy's approval. I/we also understand that access channels must run perpendicular to the shoreline while within the third of the cove area that is nearest my/our property. 1/we understand that for proposed excavations, Uwe 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. 1/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. At FERC-licensed reservoirs, 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 FERC review does itself require specific review and approval by the FERC before Duke Energy can issue any approvals. 1/we agree that unless specifically approved otherwise in the application, explosives will not be used as part of this excavation activity. I/we understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife and other natural resources. I/we understand that applicants in South Carolina proposing excavations that are not covered under the General Permit, or are greater than 150 cubic yards, must receive prior written authorization from the South Carolina Department of Health and Environmental Control (SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed application to Duke Energy. 1/we agree that excavation activities will not occur during the months of March, April, May and June because of the potential impacts to fish spawning areas. Uwe understand that trees and vegetation growing within or adjoining the lake play an important role in its overall environmental condition, and the ecological benefit the vegetation has on fish and wildlife habitat directly supports a sound and healthy lake environment. I/we also understand that unauthorized removal of shoreline vegetation (e.g. button bushes, willows, cattails, etc.) and/or disturbance of the shoreline buffer may result in suspension or denial of lake use permitting requests, forfeiture of security deposits and require re-establishment of vegetation at my/our expense, particularly if the disturbance is found to be in violation of state or local ordinances or impacts FERC project buffers. Uwe agree all excavated material will be placed in upland areas, landward of the Project Boundary, and confined to prevent erosion and sedimentation back into the lake or nearby streams. Duke Energy Page 2 Rev: 4/6/21120 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. 1/we have designed the hydraulic excavation process (if any will be used so that return water re- enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. I/we agree that the proposed excavation will not be for the purpose of creating additional shoreline, will not alter the Project Boundary or the full pond contour, and will not impact threatened or endangered species, historic properties, or environmentally -important areas, unless special public entity provisions were made in the application. Uwe 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.11we agree to provide my/our contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures. 1/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 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 1/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. 1/we 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 Energy Page Rev: 4l6;2020 I-"l:e c free to develop cll?v r4ctui3'eci "mitigation plans and to c(}r13 fete any re uirccl tl?itig activities at atj� 07", ow•n expense witJlin the Spc;cifzed time fral-les. Ilitte recognize that the !? excavation work is not considered complete and deposits -%..x i) f not die refunded until the mitigation reclu€t'e"nents Of any) have been satisfactorily Fulfilled. _-- -- -.... .,�� .,«�� �„:: = s as ro�al letter• bag • at the ob site and visible froln the water's edge. iil a G'we agree to notify Duke Energy itl itmt_ wvllen the c�cavalic�n is cotllpletecf OnClUdim arty required ?liti��at1011 pleasures} and that the exc:tvation was ccinlpletecl per the approved application, So a CIoSQ-OLIL itWectio�t-� C401 ire perfor� ed. 1 tirirt?coUilize security deposits will IRA be refunded if'any violations of the s,iv1P. other applicable guidelines. car• this us01's 8gree'l?ent occ;l,F. 11F'e understand there t\ ill be no challoe inhydro project operations as a result of the excavation and.101' utiJizati()il Of the excavated area. zlgree to 111:1nit',lin the work- area i!1 zi saie Condition al?d tt.� fully indemnify and save Duke l rlet'�� 1?aFm' less 1ro�n? an-- anti all claims. liabi itv. loss or c�a�;l��L�c tf?at may ar'i e firm this exeavation pro jest. - 111V understand that this user's agreement does'lot, in am constitute the trans#%r o#'t?r►E rights ill real property and that fy,..0117 use and cntjoy neitt c�l'1=� 1�C lStitUct the Df�fte r oj,an fa�lds and waters serg hrill not hinder the �eEleial public-s use ancf enjoyitiei?t of the sa111. 5i�lcerLJi. CO-Applica,tt's Name (Print) C-Q-'tpplicairt's Nance ( Print) Co-Applicant'saE13� �PCliltt Co-ApplicaFtt's Name (Print) — P'ge 4 Ip�tiea`s signat3rec CO -Applicants 4ien� feJF e Co-:' PPNCan s Si=mna,La-C C o-;�.ppiicrtnE•s �i��JzatJ.n-e-... t'U-:1pplFcant s �F`€7aturr- - "Vy , v, v Tax Lot No. Verified by by R'�CORDTNG FEE cf 6 . a d EXCISE TAX PAID Excise Tax $ 870.00 27539 Gaston County an the Parcel Ide day of Mail after recording to Grantee Below Doc ID: 018820800003 Type: CAP Recorded: 01/22/2019 at 02:14:39 PM Fee Amt: $898.00 Page 1 of 3 Revenue Tax: $870.00 Gaston, INC Susan S. Locitridge Register of Deeds SK5021 P466-168 Recording Time, Book and Page ,2o This instrument was prepared by McMillan, Psaroudis & Markey, P.A.kim Titie insurance Company: Chicago Title Brief description for the Index Lot 73, McLean- South Shore, Phase 1, MaV, Plat Book 88, Page 123 NORTH CAROLINA SPECIAL WARRA THIS DEED made 01 /18/19, by and GRANTOR n NW Lake Wylie LLC, a North Carolina limited liability company Mailing Address: 419 South Sharon Amity Road Charlotte, NC 28211 Enter in o`� N [;RANTI:E Christopher Noe And spouse, Kathleen Noe Mailing Address: 5428 Old Course Drive Cramerton, NC 28032 Property Address: 244 Seven Oaks Landing Belmont, NC 28012 name, address, and, if appropriate, character of entity, e.g., corporation or partnership, The designation G ntor aG'Ntee as used herein shall include said parties, their heirs, successors, and assigns, and shall jkke sin lar, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the fir, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Belmont, Gaston County, North Carolina and more particularly described as follows: BEING all of Lot 73, as shown on the plat entitled "Final Plat of MCLFAN - SOUTH SHORE - Phase 1, Map 8," as recorded in Plat Book 87, Page 86, as revised on plat entitled "Revised Plat of Lots 73, 74, 74 & 76 of MCLEAN - SOUTH SHORE - Phase 1, Map 8," in Plat Book 88, Page 123, Gaston County Public Registry (the "Registry"), All or a portion of the property herein conveyed ____ includes or __X___ does not include the primary residence of the Grantor(s). Qiv. G C. V 1 J The property hereinabove described was acquired by Grantor by instrument recorded in DEED BOOK 4690 PAGE 2049. A map showing the above described property is recorded in Plat Book 88 Page 123. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: All such valid and enforceable easements, covenants, conditions, restri s, a :' rights -of -way of record, including without limitation, the Master Declaration ven onditions, and Restrictions for McLean recorded in Book 4821 at Page 13P a rst Supplemental Declaration to Master Declaration for Covenants, Condition nd - . cti s for McLean (South Shore Neighborhood Declaration), recorded in Book 4821 a ge 481 of the Gaston County Register of Deeds, and the lien of ad valorem taxes fo burr which will be prorated at closing. IN WITNESS WHEREOF, the Grantor has hereu set ha and seal, or if corporate, has caused this instrument to be signed in its torpor - na - by duly authorized officers and its seal to be hereunto affixed by authority of its1pa erectors, the day and year first above written. SIGNATURE &Ar'-*rO FOLLOW a jjJ V VI J NW Lake Wylie LLC By: Stev . Hinshaw, Member STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG [, Kim G. Marrs a Notary Public of the County and Stale aforesai • �fy t . Stkn C. Hinshaw, either known to me or proven by satisfactory evidence, personally came before this day owledged that he is the Member of NW Lake Wylie LLC, and that he as Member being author d to do svoluntarily executed the foregoing on behalf of the limited liability company for the purpose star , + er WITNESS my hand and official sea] this day anuary, � �iON111tliiiltrlrry/!! Kim G. Marrs, N Public `` KAM G My Commission Expires; March NO ]' q rc �!1!/!!/!!Il kkkkt111111��` DRLQGE SP01L ALFORM Project Name/address:.�y�t Seen CYx�iE+� a8ota unty.}��� Lotation Address• , Parcel #: la 1['�nr�r,.,.v, Parcel/lot size Disposal area required (sq ft and/or acreage) IZ . Acknowledgement of hlotlfiratinrr am aware that the site must adhere to all state regulations and rule�sj Ire arding sediment and erosion control and water quality. And give permission for Name of Individual and Company to dispose of their dredge material at the above stated location owne Date: Along with form, please provide: Aerial of parceViot (County GI5) Photo of Proposed spoil site Identified proposed spoil site W e;�cA r A10 /47 174 'Ie / 0 Z 1 in D o Ia �r < n n Iw o v C � a — CD Ia a 3 C I n m N I Iw P ° o }� a x o C�� Ext CD G bCD CD to N C N sotp � lb m � CD CD c �` N- CD �� @ a p n a t r--- S p co 0 m z top qov� 0113 '< _0 Q� E Illy q C m 3 5 c�@mom 4 cr CD Q m Z T Q y W S. {Q rLCD p O O N CD C i�: n m m O tpCD CL n = N m t 59 IR g nom v ED m 0 N O h1 CD G7 0 0 151 v CD m O N O N Q v x m m n T 0 o` m c U3 0 n -n C m 2 m a (D 0 0 0 x 0 0 C G) 0 CD 7 N 7 CJ N ti d 0) w N N a r r r I Clawson's Pile Nving - - & Construction, Inc. 5805 Fiesta Rd. Lake Wylie, SC 2-971.0 SO /� b ID#* 20201472 Version* 1 Regional Office* Mooresville Regional Office - (704) 663-1699 Reviewer List` Alan Johnson Pre -Filing Meeting Request submitted 10/15/2O20 Contact Name * Janice Estep Contact Email Address * info@cbcstoneandrecycling.com Project Name * Noe Dredge Project Owner* Christopher Noe Project County* Gaston Owner Address: Street Address 244 Seven Oaks Landing Address Line 2 cay State ! Rovince I Region Belmont NC Posted 1 Zip Code Gbuntry 28012 United States Is this a transportation project?* i- Yes t= No Type(s) of approval sought from the DWR: r 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F Individual Permit I"- Modification W Shoreline Stabilization Does this project have an existing project ID#? t- Yes r 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 area for new dock Please give a Couple of dates you are available for a meeting. 10/19/2020 1012012020 10/21/2020 10/22/2020 1 G123/2020 Please attach the documentation you would like to have the meeting about Noe Dredge.pdf 900.84KB Pd 0Y 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 until 30 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 thirty -day clock has expired, and you can submit an application. Signature 0-I&I' VAdw Submittal Date 10/15/2020