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HomeMy WebLinkAbout20120422 Ver 1_Application_2012042620120422 The following is an abbreviated application form for those applying for a 401 Water Quality Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or bottom under the U S Army Corps of Engineers Permit GP30 This Application cannot be used for wetland or stream impacts Please provide five (5) copies of this application and supportm information as well as a non refundable application fee to the Division of Water Quality of 240 00 for impacts to lake bottom of less than ;< acre and $570 00 for impacts to lake bottom of greater or equal to 1 acre F ID Applications should be sent to FAPR:9:6:2012 Division of Water Quality 401 Oversight/Express Review Permitting, 1650 Mail Service Center Raleigh, NC 27699 1650 Applicant Information Owner /Applicant Information Name Mailing Telephone Number E mail Address 24:2 44� 'vvn^ 7,�,/)/% ax Number � / ` 15 2 Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner /applicant ) U .�FT'iT -� J Company Affiliation Mailing Address Telephone Number E mail Address II Protect Information / 11 Fax Number Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns rivers and roads Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties You may use the diagram below to make a hand sketch of your project Also see the example below for guidance Both the vicinity map and site plan must include a scale and north arrow The footprints of all buildings impervious surfaces or other facilities must be included I Location County Z Nearest Town Subdivision name or site address (include phase /lot number) Directions to site please include road numbers landmarks etc (This is not necessary if an adequate vicinity map is included) 2 Describe the existing land use or condition of the site at the time of this application 3 Property size (acres) / I /(�! " 4 Nearest body of water (stream/nver /sound/ocean/lake) 5 Describe the purpose of the proposed work !� /,�) /W/ ft, Y;11, L6 e , . Az �✓ r .� 6 List the type of equipment to be used to construct the project � , of 6-- 7 Amount of impact (including all excavation backfill np rap retaining walls etc ) below the normal pool lake level in square feet or acres / 8 a Amount of impact (including all clearing back fill excavation np rap retaining walls etc ) above the normal pool lake level and 50 feet land ward in sauare feet or acres W. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted (number of trees for M Applicant/Agent s Signature _ I/ Date I (Agent s signature is valid only if an authorization letter from the applicant is provided ) a,- Gmail Fwd Lot 281 https //mail google com/mail/9w= 2 &Ik= 2d2563a23f &view =pt&q =bar m tr4 �I Fwd Lot 281 1 message Mark Lancaster <lmarklanc @aol com> To Maxx Spear Sr <maxkspear @gmail com> Ann Leonard <aleonard @mhleonardengineering com> Ann please print to file Mark Lancaster Mobile 704 3614908 Work 704 528 7400 Begin forwarded message From William Barger <wbarger@windstream net> Date April 11 2012 7 17 16 PM EDT To Mark Lancaster gmarklanc @aol com> Subject Lot 281 Max K Spear <maxkspear @gmail com> Wed Apr 11 2012 at 9 21 PM Please consider this letter your authorization to proceed with application to Duke for the necessary permits to build a dock and to perform the necessary dredging on my lot in The Point 166 Great Point Drive 4 ) Z07--- William D Barger Hom 70416635564 C U 7041451 5591 1 of 1 4/24/2012 1 55 PM FOR DUKE ENERGY USE ONLY Duke File No APR y p 1012 Application Fee $_1 Security Deposit $_ Check # Date Recv d — Initials Date of Duke Energy Lake Sernces applicant and/or contractor on site inspections Date OQ IZ 1 7- Date Final Protechon/Avoidance Area Markings Field Verified Initials Initials �l- Approved to Start Work By * — ---- Date Completion Required (Print) Date Date of Any Approved Extension (sign) Imhals Date Passed Closeout Inspection* Inrtials Any Stop Work Orders or SMG Violations *? (check one) Oyes ❑No (If yes explain to PART V) Date Deposit Refunded Initials Date Permit Database Updated —� Imhals _ * 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 A Orders with a 6cat�on pproval and Close -out Checklists and any Stop Work PART I APPLICANT INFORMATION (Please Print) Name Lake Address Telephone 94 � �� �` ��j✓�.�.. /,, Mailing Address 2, 6 �^ r? Wdifferent) t Contractor Company Contractor Contact Person LAKE LOT INFORMATI.,1., Lake U ,County �L City / fate Sub - L Tax Map No drv�s�on ��� ��L� 7- Lot /Section No Lot Size ores Are there any Co Applicants *? (check one) OYes _� sues to PART V - ADDITIONAL INFO * O W yes include names addresses phone nos lot nos lot INFORMATION) single application will be performed by a single contractor as one continuous project and is done to benefit multiple owners / Co Applicants exist when the proposed work �s bung done under a lease holders of project front properties within a single development The check for the application filing fee and security deposit should be from the party shown as Applicant and not several checks from the Applicant and Co Applicants Do not continue the application until an on site inspection has been conducted between a Duke Energy Lake Services Representative (DELSR) and the applicant and/or the excavation contractor NOTE lntttahztng this portion of the application by a DELSR to no way constitutes approval or eminent approval of the excavation or any other lake use Permitting activity Date of on site inspection -�d I Z I Z Initials (Duke Energy) j b 1 ��� (apphcandcontractor) Z� �� �rj� Duke Energy � Excavatinn Pr__ ,,, Page 1 of 12 FART 11 prod arn - ----_�. JL "J"m yr FROJECT A BASIC I Type of excavation (check one) 2 Purpose of excavation (check one) 3 Lake user category (check one) M/New excavation ❑ Maintenance excavation W Boat Access Channel Wastewater Discharge Channel ❑ Water Intake Channel O Other (spec fy) Private ❑Residential Manna ❑Public r16ther (specify) ✓o f. °mmerci 4 Max Excavation Area Dimensions (ft) Length �p - Width (Note include additional area dimensions if necessary so response to #S below equals Depth area dtm �sL'2 in #4 5 Volume of Excavated Material (TOTAL for the project) q 3 ) Cubic yards 6 Type of matenal removed (applicant determines by field sample fprachcalJ 7 Excavation Site area ��� G Acre (s) Disposal Site area 8 Total Disturbed Area (including equipment staging area) 1� Acre (s) 9 Does the project meet the Acre ) requirements of the applicable eral Permit (check one) es ONO 10 Do you claim title to the disposal areas (check one) Yes ONO 11 Do you claim title to the equipment staging area9 (check one) 8 ONO 12 Are there any water treatment facihties within 50 feet of the proposed (If Yes spec) p posed excavation area9 (check one) oyes W(o 13 How will the excavated matenal be entry disposal area design PPS and the erosion controlled9 e g see attached erosion control plan and 14 Types) of excavation equipment to be used 15 Will waters or wetlands be crossed in transporting equipment to or from the site (Ifyes explain) (check one) ❑yesNo 16 Will return water re enter the reservoir? (Check one) ❑ show on Excavation Area Drawing) Yes ❑No ❑N /A (If Yes sped points) of reentry and 17 Is there an existing facility (e g pie.) that access is being maintained to by conducting the excavation (If Yes specify the existing permit number IfNo include a scaled drawing ofthe proposed facility) Permit # L9(Yes ❑ No 18 o Total planned duration of the work (Include first equipment mobilizatio excavation through final mitigation me su complete) START �' / FINISH / asures (Year) — (Month) (Year) Duke Energy Excavation Prnvrnm Page 2 of 12 VAT Note Notify Duke Energy Lake Services at 1 800 443 5193 prior to commencing any excavation work within the project boundary Duke Energy Excavation Program Page 3 of 12 11/3/2010 Y \lakemgmt \package information \package information \c w dredge \c w excavation application 11 3 10 docx CCD � C n UOo Oo r� 0 w 0 O O � A n O a N 00 s 0 r� w 0 0 W oW O N n O_ K O CD p n o a CL co o o b CD N n A m p a a es cr n fD CD Cn n co rb � A �a Al 0 A k OD It O a 3 m o d a' e d a 0 CL a 0 3 O O 0 F as 0 C d tr4 a F 7 a a a 0 a a RF y O X ❑ n Or°0 �w 0 w n dQ r� O w � o CD o� E p, N (D 00 CD n X A W O `O "O A� O "J w O W O N n O X O r w 0 a w w x 00 T 0 'u N 0 o r -n vo � ,1 a v o d o � Cn o f � w � dQ � 00 � o w d� 00 �„ d ryCD 7 O r, C � w ? �y w .+ 0. lD O O K � y y X O 0. 000 C7 O fxD d 7 b 0 O_ d fi O O o. a �, Co o w F r1 DUKE ENERGY EXCAVATI ®N PERMIT APPLICATION FORM C APPLICANTS SIGNATURES Comments Applicant Name Applicant Signature* Lot # Date Co Applicant Name (print) Lot # Co Applicant Signature* Co Applicant Name (print) Co Applicant Signature* Co Applicant Name (print) Co Applicant Signature* Co Applicant Name (print) Co Applicant Signature* Co Applicant Name (print) Co Applicant Signature* Date Lot # Date Lot # Date Lot # Date Lot # Date *Per my signature the information provided in this application is correct to the best of my knowledge BEFORE YOU MAIL THE APPLICATION TO DUKE ENERGY LAKE SERVICES ENSURE YOU HAVE CHECKED THE INFO THOROUGHLY MET ALL REQUIREMENTS FORA COMPLETE APPLICATION (see cover letter ofappkcation package) INCLUDED A SINGLE CHECK TO DUKE ENERGY FOR THE APPLICATION FILING FEE AND SECURITY DEPOSIT INCLUDED ALL AGENCY PERMITS OR COMMENT LETTERS AND RESOLVED ALL ISSUES RAISED INCLUDED ALL REQUIRED DRAWINGS (INCLUDING PROPOSED FACILITIES) PERMIT # FOR EXISTING FACILITIES SURVEYS AND PLANS INCLUDED COPIES OF DEEDS AND AUTHORIZATION LETTERS Duke Energy Page 6 of 12 11/3/2010 Excavation Program y \lakemgmt \package information \package information \c w dredge \c w excavation application 113 10 docx EXCAVATION PROGRAM[ APPLICANT'S AGREEMENT LETTER (Please fill in the blanks Please Plrint) Date 12192011 _ TO Duke Power A Division of Duke Energy Corporation c/o Lake Services - EC12Q P O Box 1006 Charlotte NC 28201 1006 RE Excavation For (Subdivision and Lot # or Ot r Project Name z3 Duke File No) (Applicants full name) hereby agrees to comply with all recommendations requirements and/or conditions of Duke Energy s Lake Services General Penmt(s) (if applicable) and other federal state and local agency requirements pertaming to the application to excavate for the purpose of a Boat Dock In addition Uwe have read and agree to comply with Duke s current Shoreline Management Guidelines (SMG) much of which is repeated hearm, and understand that written authorization must be obtained from Duke Energy Lake Service prior to beginning any activity within the FERC project boundary or on Duke Energy land The excavation will be completed as described in the approved application and within eighteen (18) months from the date of written approval by Lake Services unless specifically noted otherwise in the application or unless 1/we obtain approval for a single time extension (maximum of one year) in writing from Du. a Energy Lake Service Uwe understand that if the SMG or other applicable rules change during any extension period Uwe 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 SMG and that the new application must include any applicable fees and security deposits I /we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the project boundary or Duke owned peripheral strip where the excavation activity is to take place or if not the owner or lease holder I /we have included proof of title to the property Duke Energy Page 1 Rev 10/17/00 EXCAVATION APPLICATION Effective Date 11/15/98 Gpal /Lakemgmt/Lmppm/Excavatation /Excagrerev 10 17 00 doc 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 Uwe have included proof of title to the property and written authonzation from the owner(s) or lease holder(s) to carry out the work on their land Uwe understand that all excavation work must be done directly in front of my /our property and within the third of the cove nearest my /our property or within any middle third of the cove that Duke Energy owns or Uwe have written authorization from the owner(s) or lease holder(s) to carry out the proposal within the project boundary adjacent to /on their land Uwe 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 Yive must coordinate with Duke Energy Lake Service to conduct an on site meeting to review the project prior to notifying the various resource agencies I /we must notify the appropnate local state and federal agencies in advance of the activity by sending them a completed copy of Duke s Excavation Permit Application Form and other required information Uwe understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before Uwe submit the final application to Duke Energy Lake Service I /we understand that except for maintenance excavations any excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline stabilization work needed to support an application that requires Federal Energy Regulatory Commission (FERC) review does itself require specific review and approval by the FERC before Duke Energy can issue any approvals I /we agree that unless specifically approved otherwise in the application explosives will not be used as part of this excavation activity Uwe understand that every reasonable effort must be made to minimize any adverse impact on fish wildlife and other natural resources Uwe understand that all applicants must contact the appropriate State Historic Preservation Officer regarding the proposed excavation prior to submitting the completed application to Lake Service 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 also receive prior wntten authorization from the South Carolina Department of Health and Environmental Control (SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed application to Lake Service Duke Energy Page 2 Rev 10/17/00 EXCAVATION APPLICATION Effective Date 11/15/98 GpaULakerngmt /Lmppm/Excavatatjon /Excagrerev) 0 17 00 doc I /we agree that excavation activities in North Carolina and South Carolina will not occur during the months of March April May and June because of the potential impacts to fish spawning areas I /we understand that trees and vegetation growing within or adjoining the lake play an important role in its overall environmental condition and the ecological benefit the vegetation has on fish and wildlife habitat directly supports a sound and healthy lake environment I /we also understand that unauthorized removal of shoreline vegetation (e g button bushes willows cattails etc ) and/or disturbance of the shoreline buffer may result in suspension or denial of lake use permitting requests forfeiture of security deposits and require re- establishment of vegetation at my /our expense particularly if the disturbance is found to be in violation of state or local ordinances or impacts FERC project buffers Fwe agree that all excavated material will be placed in upland areas landward of the protect boundary and confined to prevent erosion and sedimentation back into the lake or nearby streams I/we agree that Best Management Practices will be followed by placing all excavated material a minimum of 50 feet landward of the full pond contour unless special consideration is given in writing by the South Carolina Department of Health and Environmental Control (SCDHEC) 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 Uwe 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 jurisdictional wetlands historic properties rare or threatened species and buried gas water sewer electric or communications lines Uwe agree to provide Duke Energy Page 3 Rev 10/17/00 EXCAVATION APPLICATION Effective Date 11/15/98 GpaIl Lakemgrnt/Lmppm/Excavatahon /Excagrerev10 17 00 doc mylour contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures 1 1we agree that If any archaeological resources (e g pottery shards native American artifacts etc ) are discovered during the excavation work shall be halted Immediately Uwe will then notify Duke Energy Lake Service and the State Historic Preservation Office to determine what measures If any Uwe must pursue to protect or salvage the archaeological resources Uwe agree that any excavation from within the protect boundary will not exceed the volume as outlined in the application and will remove and disturb only what is absolute necessary to achieve the project's stated purpose Uwe agree to notify Lake Service when the excavation Is initiated and to ensure that during the excavation period the weather proof `Dame Energy Approved Lake Use Achvaty sign (to be provided by Duke Energy) remains posted at the job site and visible from the water s edge I/we agree to be fully responsible for the permitted lake use and Uwe understand that this responsibility Is considered to transfer automatically along with ownership and leases of the adjoining tract I/we understand that Lake Service representatives may Issue Stop Work Directives for any violations of the SMG and that other consequences may result from such violations including but not limited to suspension or cancellation of approved permits increases in fees modification or removal of non complying structures and restoration of disturbed areas at my /our own expense or loss of any consideration for future lake use permits I /we agree to immediately comply with any Stop Work Directives to fully cooperate with Duke Energy Lake Service and other agencies as necessary and to perform the necessary remedial actions within the specified time frame Uwe agree to develop any required mitigation plans and to complete any required mitigation activities at my /our own expense within the specified tune frames Uwe recognize that the excavation work is not considered complete and deposits will not be refunded until the mitigation requirements (if any) have been satisfactorily fulfilled I/we agree to notify Lake Service in writuns 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 Uwe have Included a check for the applicable filing fee and security deposit and copies of all other necessary permits Uwe recognize that security deposits will not be refunded If any violations of the SMG or thus user s agreement occur Duke Energy Page 4 Rev 10117/00 EXCAVATION APPLICATION Effective Date 11/15/98 Gpal/Lakemgmt/Lmppm/Excavatahon /Excagrerev10 17 00 doc Fwe understand that there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area 11we 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 Ave understand that this user s agreement does not in any way constitute the transfer of any rights in real property and that my /our use and enjoyment of FERC project lands and waters shall not hinder the general public s lawful use and enjoyment of the same Sincerely Applicant s Name (Print) Lo # *Co Applicant s Name (Print) Lot # �pplieArit s we *Co Applicant s Signature *Co Applicant s Name (Print) Lot # *Co-Applicant s Signature *Co Applicant s Name (Print) Lot # *Co-Applicant s Signature * Co Applicants exist when the proposed work is being done under a single application will be performed by a single contractor as one continuous protect and is done to benefit multiple owners / lease holders of project front properties within a single development The check for the application filing fee and security deposit should be from the party shown as Applicant and not several checks from the Applicant and Co Applicants By signing this agreement Co Applicants are in fact recognizing and agreeing to the same conditions as is the party signing as Applicant Duke Energy Page 5 Rev 10/17/00 EXCAVATION APPLICATION Effective Date 11/15/98 Gpal/Lakemgmt/Lmppm/Excavatahon /Excagrerevl0 17 00 doc BOLTS NUTS SCREWS PIEDMONT FASTENER CO O O PIEDMONT 812 South Main Street noft Troutman NC 28166 Vow Fax (704) 528 3267 Phone (704) 528 6150 1 800 287 6142 Z2�21 )OF a �T 00 � YX0 0 �� r) /V/ K Serving you with Quality Fasteners Competitive Pricing and Good Service Iredell ConnectGIS CONNEUGIS K COUP NC 1 300 Overview Map v Quick Search 1 u4 Clear Let Lon 1T t J PIN Owner Name Street Name Address -a Subdivision Advanced Search Coordinate Search Comparable Search Excel 2000/2003 Results http /hredell connectgls com/Map aspx Feet 1Y t Ij4 l 175 02009 2012 M b 1 311, LLC Vari by Silk I it 1P 1 of 1 4/19/2012 12 06 PM Gmail Barger /Fite N Barger /Fate 2 messages Mark Lancaster <lancasterdock @me com> To Maxx Spear Sr <maxkspear @gmail com> Mark Lancaster Mobile 704 3614908 Work 704 528 7400 5 attachments photo 1 JPG 54K Page 1 of 4 Max K Spear <maxkspear @gmail com> Mon Apr 16 2012 at 11 35 AM https //mail google com / mail / ?ui= 2 &ik= 2d2563a23f &view =pt &search= inbox &th= 136bbc 4/16/2012 OmaS2gl /Fl! e photo 2 JPG = 5 K , !} r§ ! / � photo 3 JPG 5 K � photo 4 JPG 3 K e « photo s JPG �Z, > 5 3 K [ _1 Page 2o4 Mark Lancaster <Ianc kedo kgmec m> Mon Apr 16 2012at 113 AM T Ma XSpear Sr <ma k p 7ggmalc m> Max Spear <maxjspe ar@gm@Ic m> ht S /mailg o 1 com/mail/?ul=2&ik=2d2563a23f&view--pt&search=inbox&th=136bbc 4/16/2012 Gmail Barger /Fite Mark Lancaster Mobile 704 3614908 Work 704 528 7400 4 attachments photo 1 JPG 39K photo 2 JPG 40K photo 3 JPG 53K Page 3 of 4 https //mail google com/ mail /9ui= 2 &ik= 2d2563a23f &view=pt &search= mbox &th= 136bbc 4/16/2012 Gmail Barger/Fite Page 4 of 4 photo 4 JPG 52K https //mail google com/ mail / ?ui= 2 &ik= 2d2563a23f &view =pt &search= inbox &th= 136bbc 4/16/2012 168 Great Point Dr Mooresville NC 28117 Directions Location and Map I MapQuest Page 1 of 1 u Map of 168 Great Point Dr Mooresville NC 28117 6033 Notes z �tf � 0 Imumuest I Mom n,Po %L-19 02012 MapQuest Portions 02012 N AV ttQ Intermap Terms 02011 MapQuest Inc Use of directions and maps is subject to the MapQuest Terms of Use We make no guarantee of the accuracy of their content road conditions 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Print from your computer Landscape I Portrait Print link opens in a new window and may take a few seconds to process Note that the MyTopo U S map layer is the only one available for printing About Us I Partner Program I Contact Us I Privacy Fohcy I Return Policy 13 top-40 -40 MyTopo on Facebook Like 2 261 O SHFIRE M € .7 http / /www mytopo com/maps /index cfm 4/16/2012 MyTopo Free Online Topo Maps '4' Internet Explorer is currently running with add -ons disabled Click here to manage disable or remove your add -ons M P%j Location 35 5493023 80 914886 h - F i ol ry I{ } i 1 t � r z N . .�-.l y } t'"' "'U` IL 3 ✓' l t 's Ilk x x � u I C�� n X C I f 4' NI f Y 2h � a �1 f r =F OZ., w � n oll 0 HE P EI- _ I "I HE POINT CE LINE TABLE CURVE RADIUS LENGTH —Rf ARMG ! DELTA LINE BEARING LENGTH 013 60 100 18 Oa N Fir 41 7 E f 08 78 oA 1 119__ ---i5721114 W 62 4a_ L17_0__ S 585645 W _3j47 _ L121 S.795740 W 57 81 L122 S 81'04 04 W 27 67 -- GE LN R /W= RIGHT —OF —WAY T GREArSUPOINTW DRIVE PRELIMINARY 0 C1 71 N 82 21 -)2 E CL L AftAR�A 5 4 5 IZX J 17CJC Boo n f 50 MB —S� -- o 2 131 �s'us sr(LOI) R 1 63 29D ncn 27 8 SF(81 O VELOPE) / CHAMBERED SEPTIC SYSTEM 282 CHAMBERED REPAIR f 0 C) m wa 7 Wc n ac- °z 1 � � ` ETC PREP N CyP � N O < u cr � CRAWL 76�1 CONTOUR TAKEN FROM WFORMATION FILD D YNAMICS 280 CORPORATION �N07 FIELD BY $P ASSOCIATES P A Lp �. BASEMENT — BLDG PAD 80X100 NO CLEAR AttEA / VEGETATIVE BUFFER LAKE NORMAN L121 PIER ZONE AREA / 760 CONTOUR LINE DUKE ENERGY \ PROJECT BOUNDARY) FIELD SURVEYED BY ESP ASSOCIATES P A / STREET T:ES TO BE PLANTED OUTSIDE (jF R/W NOV 1995 —JAN 1996 _�� (Page 1 of 3) IRRDRIL COUNTY NC 09/01/1999 $650 00 15, Rest Estate A Sales Pri G 5225 000 Excise Tex Excise I ax $450 00 Tax Lot No out of Verified by ,/Mail after recording to Grantee Book 1161 ®���� Pages 4646 m 4648 FILED IREDELLL 00"y NC Lr9i01 19wQ 2 `4 PM BRED+ D BELL Regi"Pr Of Deeds Recording Time Book and Page _ Parcel Identifier No County on the day of 19 This instrument was prepared by The Point On Norman, LL..C, Sharon C Arrowood Brief Description for the Index I Lot 281, Phase 3 The Pomt, lrodall County MB 33 PG 20 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this 31 st day of Au st, 1999 by and between GRANTOR THE POINT ON NORMAN LLC a North Carolina limited liability company c/o CLT Development Corp P O Box 1003 Charlotte North Carolina 28201 1003 GRANTEE Witham D Barter 182 Bridgeport Drive Mooresville, NC 28115 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 WITNESSETH 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 lot or parcel of land situated in lredell County North Carolina (hereinafter referred to as the Property ) and more particularly described as follows BEING Lot 281, Phase 3 of THE POINT Subdivision as shown on the map thereof recorded in Map Book 33 at Page 20 in the Office of the Register of Deeds for lredell County North Carolina, and being —a portion of that property conveyed to Grantor by Deed recorded in Book 1088 at Page 89 Book 1053 at Page 696 Book 1053 at Page 700 Book 1096 at Page 2013 and in Book 1123 at Page 1328 in the Office of the Register of Deeds for lredell County North Carolina TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple And Grantor covenants with 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 1 ( I Book 1161 Page 646 File klmiber (page 2 of 3) Title to the Property is subject to (and is conveyed together with as the case may be) the following easements reservations conditions and restrictions which shall run with the land and be binding upon Grantee and Grantee s heirs successors and assigns I All easements restrictions conditions and covenants of record including, but not limited to those easements restrictions conditions and covenants contained in that certain Declaration of Covenants Conditions and Restrictions for The Point recorded in Book 1095 at Page 1206 in the Office of the Register of Deeds for Iredell County (as supplemented and amended from time to time the Declaration ) In this regard by incorporating the DeclaraUon hereon by reference Grantor hereby republishes reaffirms and restates the easements restrictions conditions covenants and other terms contained in the Declaration as if same were expressly set forth herein in their entirety 2 The right of first refusal reserved by Grantor in Article XIII of the Declaration 3 Water electric gas telephone drainage cable television and other easements and matters shown on the recorded plat(s) of the Property or as otherwise would be disclosed by a current accurate physical survey of the Property 4 Matters of zoning and the lien of the local ad valorem real property taxes for the current year which taxes have been prorated between Grantor and Grantee on a calendar year basis and which taxes shall be paid by Grantor prior to delinquency 5 By accepting this deed, Grantee signifies Grantee s understanding that Duke Energy Corporation has or may have certain privileges and easements af%etmg the Property hereby conveyed including the right, privilege and easement of backing, pondmg raising flooding or diverting the waters of Lake Nomran and its tributaries upon and over said Property as more specifically described in instruments recorded in the Office of the Register of Deeds for Iredell County 6 By its acceptance and recordation of this deed Grantee acknowledges for itself and its successors and assigns as follows Duke Energy Corporation controls access to use of and water levels in Lake Norman Grantor makes no oral express o implied representation or commitment as to the continued existence purity depth or levels of water in Lake Norman and Grantor shall have no liability with respect to these matters In the event Grantor and/or Grantee (as the case may be) is entitled under the Declaration to place or construct any boatslip pier structure or other improvement within or upon or conduct any activity altering the topography of the waters of Lake Norman Grantor and/or Grantee (as the case may be) must receive a permit from Duke Energy Corporation (or a successor manager of Lake Norman acting under authority from the Federal Energy Regulatory Commission) prior to commencing such aetivity(tes) Grantor makes no oral express or implied representation or commitment as to the likelihood of Grantor and/or Grantee (as the case may be) obtaining such a permit and Grantor shall have no liability with respect to these matters Furthermore any permit, license or Jease allowing for the construction and use of any boatslip pier stricture or other improvement within or upon the waters of Lake Norman shall be limited in duration and neither Grantor nor any member employee agent or affiliate of Grantor shall have any hab hty arising directly or indirectly out of or in any way related to any such permit license or lease Construction of any of the aforesaid improvements is also subject to the provisions of the Declaration and any other matters of record affecting the Property hereby conveyed 7 Pier Zone plats recorded in Map Book 32 at Pages 93 through 99 and Map Book 31 at Page 146 in the iredell Public Registry Nothing herein shall be held to impose any restriction on any land of Grantor not hereby conveyed 042346501 LIB CH 1917419 I I �� A Book 1161 Pace 646 File NUMber (Page 3 of 3) IN WITNESS WHEREOF Grantor has caused this instrument to be signed in its name by its duly authorized member and its seal to be hereunto affixed by authority duly given the day and year first above written qa �, V O 6R$Tr-S1-0AL] lux .1-Adil Assistald Secretary- STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG THE POINT ON NORMAN LLC a North Carolina limited liability company By CLT Development Corp a WrtkCarolma By u Title Vice G I Sharon C. Arrowood, a Notary Public for said County and State do hereby certify Randy F McCall personally appeared before me this day and acknowledged that he/she is Assistant Secretary of CLT DEVELOPMENT CORP a North Carolina corporation Authorized Member of THE POINT ON NORMAN LLC allorth Carolina limited liability company and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by its Vice President sealed with its corporate seal and attested by him/her as its Assistant Secretary on behalf of said limited liability company Witness my hand and official stamp or seal this 31 A'' day of Au4 iij 1999 My Commission Expires NOTARY PUBLIC 10/13!2003 [NOTARIALi SEAL) a PTA It 0- --C, J6i UUi The breg Ing C n an ( ) Wam cefted t be correct This nstrument aid thl caMcate are d ly egisie ed al i e and time and i the Boa* and Pape shown on the first page R EGISTER OF DEEDS FOR Irede 1 Doutrty BY Deputy /ftart Register of Deeds 0423"5 o uB CHI 0 1 in Book 1161 Pace 646 File Numbe ! , , | Ll 2 � 0 � | . ; | � � \�§ ! § §� o c « w9 k � � 7 ;§ 11 11 1 11 , 5 � N ` { \ I ,eE 'm , | §§ m ) ` z m »! s m am \\ 2} §R | r , r @ w %,s Gm Z & _ ` JOHNC o yP aaAm DOCK FRAMING PLAN &o ma m_ER, CUSTOM DOCKS _ LIFT SYSTEMS .. 7-7 0 0 0 O I$ I Ig I I < m �r I o z ° o z I � a 0 I a� I a �I B I I I 4 4 4 Y t sus 0� Jul s IM 4 Ix rG Sri' log p Is WItLIAMBARGER szr —we y y rnun�o JONNCDARDENJRP ENGINEEPINGSEROCES Nuo ne.. ro - -tee �� eenw oo w DOCK PLAN & NOTES LANCASTER S CUSTOM DOCKS AND L FT SYSTEMS N [visor "` 0 0 0 0 b v A z O O O b O O O ° x O O d a n z c� z I I I I I 1 1 1� 1 1 l H \ t9" °n \ n \ o \c ti n K d I 1 — - — - - WILLIAMBARGER n rxwmw DHNCJARDE1,00 NGINERMGScRVCES so u unc co8° xc dwx anw +oo w r DREDGING PLAN LANCAS S CU T M DOC AND L Ff S STEMS C ewF xroawr+ "°'° °x — S 31SA5 un ONtl SN3O0 W01SN3 "31Stl3NVl @ NV'ld ONI`J0380 vi (15 O.Y OO JS MbE� 98 _ 1 SDIM S9NIN3 NI9N3 3 8f N3O8dG 7NHOf M i3`J21tl8 WVIIIIM f!!1 / / I 0 V M1 Of J � v O a D d O ` F 1 �1 1 ..1 6. z A W a c \ J i t� n 1 i i v � n_ e� A �J _J r y � 1 v � � 'a� � ( .� .• `fir �*� � 44 1 ,a %4 4 7 ' N r 01 'N 4L�� 'bee, AN Y \ i P s e Al Al I kxi s tv m -41 +f # # ## JOHN C DARDEN 1R PE NONE RMG SERIAC S —ca owe w x oo w M9pN4 aff-I gvgqowr�' goo MA 1156 Perth Road Troutman NC 28166 NC General License Contractor # 49723 704 528 -7400 Phone 704 528 -3400 Fax Alec Fite 190 Lakeshore Drive Mooresville NC 28117 Description 1 Dredge 497 cubic yards with required slopes for 12 at full pond A Dredge materials to be hauled off B Work quoted to be performed by barge Total dredging package (includes permit processing fee) Nil, ,p 03/23/12 $27,33500 Customer to write a check made payable to Duke Power for $2,000 00 permit fee, which $1,000 00 will be refunded by Duke Power after work is completed and approved by Duke Power Customer to write a check made payable to Catawba Indian Nation Tribal Historic Preservation for $250 00 permit fee Customer is to provide a copy of the property deed and a copy of the registered plat /survey for permit ** Note Lake levels must be at acceptable levels for work to be done ** *This contract is based on 497 cubic yards Any dredged materials taken out over & above the contracted amount will be an additional charge to this contract Customer will be notified prior to completion of the project ** *Due to constant changes in state and federal Code regulations if we are notified by the county inspector or any agency of any required changes after this contract is signed the homeowner shall be responsible for any additional costs that may be incurred to comply with these changes Every effort is made to stay current with the Code requirements Lancaster s Custom Dock & Lift Systems Inc hereby proposes to furrnsh material & labor to complete in accordance with the above specifications for $27,335 00 Total payment to be made as follows 50% at signing 25% at 2/3 complete 25% at completion 15% interest added monthly if balance not paid upon completion Material is guaranteed as specified All work to be completed in a workmanlike manner according to standard practices Any alteration or deviation from the above specifications involving extra cost will be an extra charge not included in this contract All agreements are contingent upon strikes accidents /delays beyond our control Lancaster s Custom Dock & Lift Systems Inc is fully covered for Workman s Compensation and Liability Homeowner is responsible for fire theft tornado and other necessary insurance Alec Fite Dredging contract (cont d ) 03/23/12 The above prices specifications and conditions are satisfactory and hereby accepted By signing below I authorize you to do the work specified Payment will be made as outlined Contract price is valid for a period of 10 days from contract date Cancellation of this contract is subject to payment of all costs through the date of cancellation, including, but not limited to cancellation fees for materials purchased, lost overhead and profit The 50% payment at the execution of this contract is non refundable "Notes All permit paperwork to be handled by Lancaster s Custom Dock & Lift Systems Inc "Notes Lancaster s Custom Dock & Lift Systems Inc is not responsible for underground utilities irrigation landscape pillions or Acts of God "Notes It is the customer s responsibility to have underground utilities marked we recommend calling U Loco 1 800 632 -4949 if you are not able to locate yourself "Notes Additional charges may apply should rock be encountered while dredging Customer will be notified immediately ** Notes A (3 %) fee will be added to all credit card payments Lancaster s Custom Dock & Lift Systems Inc (Printed name Lancaster s Custom Dock & Lift Systems Inc (Signature) Date Homeowner s Printed Name Homeowner s Signature Date We look forward to doing business with you �/ i C'' � °` N, /� =: as ^�%° T •• �� y iF /poi t F O / 3 alf �.. � ray u ✓ � 5..�'r Y � n � e'e q 3� t s