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HomeMy WebLinkAbout20221541 Ver 1_Shoreline Stabilization_20221103Shoreline Stabilization Application Form NORTH CAROLINA Environmental Quality 15A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization FORM: SSGP 10-2013 DRAFT -NOT FOR USE AT THIS TIME Submission Form 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* mheirhol@yahoo.com Please provide an email address for payment and requests for more information here. Pre -Filing Meeting Date Request was 11/1/2022 submitted on: * Owner Information: Name: * Email: * Phone Number: Mailing Address: * Mike Overholzer, President Sherrills Creek HOA mheirhol@yahoo.com (919)239-9746 (xxx)xxx-xxxx Street Address 8611 Blue Heron Drive Address Line 2 City Lake Norman of Catawba Postal / Zip Code 28682-8739 Is there an agent working on the project? * Yes No Agent/Consultant Information State / Province / Region NC Country US Name: * Janice Estep Company Affiliation: * CBC Stone & Recycling, LLC Email: * info@cbcstoneandrecycling.com Phone Number:* (704)660-5111 (xxx)xxx-xxxx Mailing Address:* Street Address 638 Oakridge Farm Hwy Address Line 2 City State / Province / Region Mooresville NC Postal / Zip Code Country 28115 United States A signed and dated copy of the Agent Authorization letter:* Agent Form.pdf 590.62KB Link to: Sample Agent Authorization Form Project Information [15A NCAC 02H .0502(a) & (b)] Project Name:* Sherrills Creek HOA Dredge If your project has a formal name please use this. If your project does not have a formal name, please identify your project by the owner name and proposed activity (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. * Upload File Look up address Property Address Lookup: * Latitude:* 35.585867 Street Address 8573 Blue Heron Drive Address Line 2 City State / Province / Region Lake Norman of Catawba NC Postal / Zip Code Country 28682 US Longitude: *-80.965205 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 Buffer Form.pdf Please use the diagram at the link below: 921.73KB 1.07MB 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 Pics.pdf 36.86MB 4. Location of the property (where work is to be conducted) Nearest Town: * Terrell County:* Catawba Lake/ river/ ocean adjacent to Norman property: Subdivisions name or site address: * Directions to site: * 610 E Center Ave Mooresville, NC 28115 Lot 20 Sherrills Creek Subdivision Include phase/lot number Follow E Center Ave and E McLelland Ave to NC-150 W/E Plaza Dr 6 min (1.7 mi) Head south on Evergreen St toward E Center Ave 197 ft Turn right onto E Center Ave 0.5 mi Turn left onto S Church St 397 ft Turn right onto E McLelland Ave 1.1 mi Use any lane to turn left onto NC-150 W/E Plaza Dr Continue to follow NC-150 W Pass by Zaxby's Chicken Fingers & Buffalo Wings (on the right in 1.3 mi) 15 min (8.3 mi) Continue on Kiser Island Rd. Drive to Blue Heron Dr 2 min (0.8 mi) Turn left onto Kiser Island Rd 0.7 mi Turn right onto Sherrills Creek Dr 0.1 mi Turn right onto Blue Heron Dr Destination will be on the left 98 ft 8573 Blue Heron Dr Terrell, NC 28682 Please include road names and numbers, landmarks etc. 5. Describe the existing land use or condition of the site at the time of this application: * HOA Common Area Residential, undeveloped, etc. 6. Property Size 0.440 acres Acres 7. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): Dredge a 70' x 112' area at HOA community dock. Dredge a 60' x 25' "v" channel from edge of dock dredge into cove for access to deeper water. Dredge by barge, haul spoils off by land 8. How will the work be done?* From Land 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.) 1729.62 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 for dredge. 10' x 50' access corridor (500 sf of temp impact) square feet 11. Please describe the vegetation above the normal pool lake level/ normal water level and 50 feet landward to be impacted:* (number of trees, for instance) Grass buffer, no trees removed, minimal disturbance to buffer. Access corridor will be restored to original condition. Sketch: Dredge Application.pdf 12.16MB Dredge Spoils Info.pdf 8.59MB Sketch.pdf 481.37KB 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): a $240.00 for impacts to lake (below normal water level) of less than 1 acre a $570.00 for impacts to lake (below normal water level) of greater or equal to 1 acre By digitally signing below, I certify that: a I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief a 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. a 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"); a 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"); a I 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: Submittal Date: 11/1/2022 Initial Review Is this accepted into the review process?* Yes No Project Number:* 20221541 Version:* 1 Select Reviewer: * Alan Johnson:eads\adjohnsonl Select Reviewing Office: Mooresville Regional Office - (704) 663-1699 Has payment been received?* No Payment Needed Fee Received Need Fee - send electronic notification What amount is owed?* $240.00 $570.00 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. ao PLAN NO. PARCEL ID: 7REET ADDRESS: �rrel� i�C a��l9�a Please print: Property Owner: k lit .ler�nc��2ef .�r�SlCierl� �C rl��f Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize LIC tCe of C ae 1�,�C� ► it 4 ) L- (Contractor / Agent — (Name of consulting fi0n) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): bull �1v� 1rrrt�,�rrell. NC_ �810�� Telephone: q 1q _ 39 " 91 LA U We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, Authorized Signature Authorized Signature Date: Date: _ — 0 n co me 2n Ao 00 O 1-7 z_ -o� r� N qqk Ci1 V W 0) N O S2[ :A8 Hans v 83Hf118 #6O1' ON ',U.Nl00 VBMVIVO dIHSNM01 H3321O 1N ZZOZ-9l-9 31VO O z 61, - ;T'IVOS OIHdV 1D i? 0 rr 2. 9-bL-6Z 8d lt'g$zii 11f11111l Il ea lll 0 0 \ 2 _ 4°j d \ ti�by m z \ 0 1 1 1kCkC m �9£ 11 m 2 rk 8 0 D < N co U4 -0 c4 m PB 29-146 0 w 0 M .0Z,ZZ.Sb S r m 0 m Z 0 0 0 0 catawba county IeOspa#ial Real Estate Search MAKING. uriirc. BETTER. rlfOrCT1aEOri Services N W E s Parcel: 461704546191, 8573 BLUE HERON DR TERRELL, 28682 Owners: SHERRILLS CREEK OWNERS ASSOCIATION INC, Owner Address: 8640 BLUE HERON DR Values - Building(s): $0, Land: $0, Total: $0 1 in=60ft This map/report product was prepared from the Catawba County, NC Geospatial Information Services. Catawba County has made substantial efforts to ensure the accuracy of location and labeling information contained on this map or data on this report. Catawba County promotes and recommends the independent verification of any data contained on this map/report product by the user. The County of Catawba, its employees, agents, and personnel, disclaim, and shall not be held liable for any and all damages, loss or liability, whether direct, indirect or consequential which arises or may arise from this map/report product or the use thereof by any person or entity. Copyright 2021 Catawba County NC 10/ 11 /2022 catawba county Geospatial Reel Estate search MAKING. LIVING. BETTER. Information Services N w+E 1 in=60ft 5 Parcel: 461704546191, 8573 BLUE HERON DR TERRELL, 28682 Owners: SHERRILLS CREEK OWNERS ASSOCIATION INC, Owner Address: 8640 BLUE HERON DR Values - Building(s): $0, Land: $0, Total: $0 This map/report product was prepared from the Catawba County, NC Geospatial Information Services. Catawba County has made substantial efforts to ensure the accuracy of location and labeling information contained on this map or data on this report. Catawba County promotes and recommends the independent verification of any data contained on this map/report product by the user. The County of Catawba, its employees, agents, and personnel, disclaim, and shall not be held liable for any and all damages, loss or liability, whether direct, indirect or consequential which arises or may arise from this map/report product or the use thereof by any person or entity. Copyright 2021 Catawba County NC 10/11 /2022 95/ La 60 (At Full Por,d/ No 1 Water Leveh 112 ' 70, F/W// Full Pond/ � — Normal Water Level Shoreline I ►o` 140 R Cc�mrnan IgreG, 1�0 $reps re�rnc��eC� rngf�f'no0.A d.%-5!Uf6c� hcea Please approximately sketch the following information on this plan, lengg�h of shoreline (provide dirnensions for each item, such as 10 ff 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 C « lf'AWB L MPAMAiH BUFFER iNO T IMATM FORM Project blame/addvesso Derrell_ NC County-5n � a ©when LY tj Y'?_ UVe Print contractor/agent: C Print The approval is for the purpose and design described in your application. Impacts not indicated in the application is a violation of the Buffer Rule. Site specific work should be provided in the application. [15A NCAC 02H .0506 and 15A NCAC 02B .0243(8)] Trees are not allowed to be removed from Zone 1 of the Buffer (within 30 ft of the full pond elevation), unless approved. Exception, those trees that are severely undermined along the immediate shoreline can be removed. Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B .0243(6)] Benching, grading in the buffer is not allowed, Excessive disturbance of ground cover. [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)] Acknowledgernene of rNotific Tion I, ►fl ► e— nukeizer33res iem 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 Buffer Rules, the approved plan(s) and specification(s), and other supporting materials. Signature (owner): /y��-f ��'/vet` Date: JCi Z z*3s Ord 4 u' 1 J S [ 3 Yj 2 a t _ I� X � � . �• -'sue j __ -x�s,� T �. tl�hf � '1• ��v i 1,3t \1 1 � f A jtf✓s`�z�"�- ar �o- k rWlw F r' y E t S rt � /• ,a ` t is f '�: a _ �. : � �� __i � ^y�, "mot ter'' ��,s�.�✓C' +c!WML f s -74 r ,,. \ E� ,� , r t y /1.i",,,�yYm'7 ,� �1 ,S M2� �,.�- �•"r- �,��.,�-, .'ems' `�,-u it . 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E a �} < � i L 3 t MK t � � 'ice u "I `4LJgi.h � Ji i L t 1 i g 1�4 F # i SAM Y iran. 1 I f 'JR r f ki Duke Energy Excavation Permit Application Form FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit $ Check # Date Recv'd Initials Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Date 10^ 2 _17— Initials LAl> 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) []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 Part I. Applicant Information (Please Print) Name Mike Overholzer, President Sherrills Creek HOA Email address: mheirhola-yahoo.com Telephone 919-239-9746 Lake Address Mailing Address (f different) 8573 Blue Heron Dr. 8611 Blue Heron Dr. Terrell, NC 28682 Terrell, NC 28682 Contractor Company CBC Stone & Recycling, LLC Contractor Contact Person Janice Estep Telephone 704-660-5111 Contractor Email Address: info@cbcstoneandrecycling.com LAKE LOT lNFORMATION Lake Norman County Catawba City Terrell State N.Q_ Tax Map No. Subdivision Sherrills Creek Lot / Section No. 20 Lot Size 0.44o Acres Duke Energy Page 4 of 13 rev 11/22/21 Excavation Program Duke Energy Excavation Permit Application Form Security Deposit Refund Information The security deposit will be refunded after the excavation permit has expired if no violations of the approval occurred. The applicant will receive the security depost refund at the mailing address in Part I unless an alternative recipient is identified. Send the security deposit to an alternative recipient? (check one) ❑Yes ONo (If Yes, include name and mailing address below. Name: Mailing Address: Tax ID: Are there any Co -Applicants*? (check one) ❑Yes Lallo (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 10-24-S?i Initials (Duke Energy) 6L�2 (applicant/contractor) Duke Energy Page 5 of 13 rev 11/22/21 Excavation Program Duke Energy Excavation Permit Application Form Part II. Description of Project A. Basic Information 1. Type of excavation: (check one) ❑ New excavation 12 Maintenance excavation 2 Purpose of excavation: (check one) ❑ Water Intake Channel ❑ Other (specify): 3. Lake user category: (check one) ❑Commercial Marina ❑Other (specify): ® Boat Access Channel ❑ Wastewater Discharge Channel ❑Private OResidential Marina ❑Public 4. Max. Excavation Area Dimensions (ft): Length 70' Width 112, Depth 5' (Note: include additional area dimensions if necessary so response to #S below equals max. area dimensions in #4) 60' x 25' x 5' "v" channel 5. Volume of Excavated Material (TOTAL for the project): 1729.62 6. Type of material removed (applicant determines by field sample if practical): Dirt/Silt Cubic yards 7. Excavation Site area: 1.071 Acre (s) Disposal Site area: 2.29 Acre (s) 8. Total Disturbed Area (including equipment staging area): 1.082 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) 0Yes ONO 10. Do you claim title to the disposal area? (check one) ❑Yes Oio 11. Do you claim title to the equipment staging area? (check one) OYes ❑No 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes lallo (If Yes, spec): 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and disposal area design): Dredge by barge, haul material out by land and take by dump truck to disposal site located at 838 Oakridge Farm Hwy. Mooresville, NC 28115 Duke Energy Page 6 of 13 rev 11/22/21 Excavation Program Duke Energy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: Long Reach Excavator, Dump Truck 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) IZYes ❑No (If yes, explain) By barge 16. Will return water re-enter the reservoir? (Check one) ❑Yes ONo ❑N/A (If Yes, specify 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? OYes ❑No (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Permit # HOA community dock 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START 1 / 23 FINISH 1 / 23 (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 1 1/22/21 Excavation Program W o C7 X�a (D tl4 CD Z X Uq c CD m t0 R m ¢ C A� � oCD �s rD � .YCD (D CD O �fD CD N vOi N N vNi w 0 M CD CD CA z CD CD Ln w O f) CD0 Y' t CDC (p n A� C O V c0 �- A '� 6' '00•r a n d CD CD CD cn '.h c2 CD cr p O � A I� O O Z Z Z Z Z o Z D D D D D CD D CD v D 3 C 0* � N (D �• 3U � � G O ^rS N R V V O O A'+ rt C� O N CD �O! C n UA iv O.. CD p CD a CD f� CD R. W 1' I ; / c n � * o \•_ \ / CD ± ) � ƒ ƒ 2 §. _ R CD ��� � ƒ o § § & £ 2 � o � _ \g � { � 0 CD %f? / 3 ] 7 E o e % ƒ ? 3 \ƒ� \ CD0 ° o \ q o + � � k �• 7 ° U . + � + a R \. > G ® � ) ® /CD ,n § 9 ƒ � S \ \ \ � ± & ) \ R � � �• / ` � e � z 2 y $ M \ \� §� & / A 2 � ?� § � k * O\ » 0:71 0 M � � Duke Energy Excavation Permit Application Form C. Applicant's Signatures Comments: �e�c�hbo c S UT� Dc"j'k l L AllC.10--Q I\c6akfe— �at i e r-<-t.tk , IAc aEUea Applicant Name (print) \-► e-r SCIMR Applicant Signature* 114Date ZZ Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print) Date Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date *Per my signature, the information provided in this application is correct to the best of my knowledge. Duke Energy Page 10 of 13 rev 11/22/2021 Excavation Program Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date 10/14/22 TO: Duke Energy c/o Lake Services - EC12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For (Subdivision and Lot #'s or Other Project Name) Lot 20 Sherrills Creek (Lake/County/City) Norman / Catawba / Terrell (Applicant's full name) Mike Overholzer, President Sherrills Creek HOA 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 boat access for dock 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. I/we understand that if the SNIP or other applicable guidelines or rules change during any extension period, Uwe 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. I/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, I/we have included proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the proposal within the Project Boundary adjacent to their land. 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 I Rev: 4/6/2020 I/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. I/we understand that for proposed excavations, 1/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. 1/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. I/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. I/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: 4/6/2020 I/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. 1/we understand that the double handling of excavated material will not be allowed; therefore, all excavated material must be placed above the Project Boundary in one handling. I/we have designed the hydraulic excavation process (if any will be used so that return water re- enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. 1/we agree that the proposed excavation will not be for the purpose of creating additional shoreline, will not alter the Project Boundary or the full pond contour, and will not impact threatened or endangered species, historic properties, or environmentally -important areas, unless special public entity provisions were made in the application. 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. Uwe 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. Uwe will then notify Duke Energy and the State Historic Preservation Office to determine what measures, if any, 1/we must pursue to protect or salvage the archaeological resources. 1/we agree that any excavation from within the Project Boundary will not exceed the volume as outlined in the application and will remove and disturb only what is absolutely necessary to achieve the project's stated purpose. I/we agree to be fully responsible for the permitted lake use and I/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. 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 Energy Page 3 Rev: 4/6/2020 I/we agree to develop any required mitigation plans and to complete any required mitigation activities at my/our own expense within the specified time frames. 1/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. 1/we agree to notify Duke Energy by phone when the excavation is initiated and to ensure that durina the excavation period Uwe will post Duke Energy's approval letter in a clear water rp oof bag at the job site and visible from the water's edge. I/we 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. I/we recognize security deposits will not be refunded if any violations of the SMP, other applicable guidelines, or this user's agreement occur. 1/we understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. 1/we agree to maintain the work area in a safe condition and to fully indemnify and save Duke Energy harmless from any and all claims, liability, loss or damage that may arise from this excavation project. I/we understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that my/our use and enjoyment of FERC project and Duke Energy lands and waters shall not hinder the general public's lawful use and enjoyment of the same. Sincerely, Applic,a'ntt'ls Name (`Print) Tvte 16 �'T't �f404 Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Applicant's Signature'.` Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Dukc Energy Page 4 Rev: 4/6/2020 2759 FILED 0410 CATAWBA COUNTY DONNA HICKS SPENCER REGISTER OF DEEDS FILED Jun 19, 2006 AT 10:30-49 am BOOK 02759 START PAGE 0410 END PAGE 0413 INSTRUMENT # 17268 EXCISE TAX (None) BR OK2759 PG 0410 NORTH CAROLINA GENERAL WARRANTY DEED Tax None I Recording Time. Book and Tax Lot No. Parcel Identifier No. 461704546191 Verified by County on the day of Mail after recording to Grantee This instrument was prepared by Russell W. Chapman, Jr, PO Box 1108 Statesville NC 28687, Brief description for the Index Access Lot and Common Areas THIS DEED made this 17th day of November , 2005 by and between GRANTOR C. Doug Ralston and wife, Patti S. Ralston; Dan E. Carroll and wife, Cindy Carroll; Richard Lee McCaslin and wife, Susan L. McCaslin GRANTEE VSherrill's Creek Owners Association, Inc., a North Carolina non-profit corporation Mailing Address: 8640 Blue Heron Drive Terrell, NC 28682 Enter in appropriate block for each party. name, address, and, if appropriate, character of entity, e.% corporation or partnership. 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 the City of , Mountain Creek Township, Catawba County, North Carolina and more particularly described as follows: 2759 lQW � ' , a I IN WITNESS WHEREOF, the Grantor has hereunto set his hand and se ic r eas caused this 04q ltrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. (Corporate Name) U By: S E President t3 ATTEST: L A Secretary (Corporate Seal) C K /Ir. "� _ , r� - c (Corporate Name) By: President ATTEST: Secretary (Corporate Seal) (SEAL) Cindy Carro i � � ' / (SEAL) K Richard Lee McCaslin I (SEAL) O N Susan L. McGiasliO L (SEAL) Y SEAL -STAMP NORTH CAROLINA, I, a Notary Public of the County and ,te o afo said, certify Use Black Ink � personally appeared before me this7oseal, acknowledged Witness my hand and official stamp this My commission expires: SEAL -STAMP NORTH CAROLINA, _ I, a Notary Public of the County and Ste afore: Use Black Ink / personally appeared before me this day anoc4Witness my hand and official stamp o , this My commission expires: SEAL -STAMP NORTH CAROLINA, I, a Notary Public of the Use Black Ink personauy appearea oerore me Witness my hand and official sC My commission expires: (SEAL) County. Grantor, the execution of the day of , 20 Notary Public County. certify that _ Grantor, edged the execution of the foreqoinq instrument, day of County. 20 Notary Public S e afo aid, certify that Grantor, dWan cknowledged the execution of the foregoing instrument. or seal, this day of 20 Notary Public 2759 r 2759 42759PG0412 0412 NORTH CAROLINA - IREDELL COUNTY I certify that the following person (s) personally appeared before me this day, and (I have personal knowledge of the identify of the principal (s); (I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a North Carolina Driver's License; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: C. Douglas Ralston and wife, Patti S. Ralston <=`at`e'�fQ tole 1�iC�IiTH CAROLINA - IREDELL COUNTY 11L - Q. &,.t L otary Public PrintedName: I certify that the following person (s) personally appeared before me this day, and (I have personal knowledge of the identify of the principal (s); (I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a North Carolina Driver's License; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Dan E. Carroll and wife, Cindy Carroll otary Public U Printed Name: - i:, 'r tAROLINA- -fgdW COUNTY ` I certify that the following person (s) personally appeared before me this day, and (I have personal knowledge of the identify of the principal (s); (I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a North Carolina Driver's License; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Richard Lee McCaslin and wife, Susan L. McCaslin ate: �y e Notary Public Printed Name: C-wk , R.'s+Q�Ut2, 2759 0413 h2759P90413 EXHIBIT "A„ BEING all of that certain lot labeled "Access Lot" in SHERRILL'S CREEK SUBDIVISION as the same is platted, planned and recorded at Plat Book 29, page 146, Catawba County Registry, and any and all other property owned by Grantors and Dolphin Properties in said subdivision, including specifically all roads and Common Areas of said subdivision, but specifically excluding that certain "Sewage Disposal Lot" as shown on this plat. The male grantors herein are all of the former partners of Dolphin Properties, a North Carolina general partnership, now dissolved. JAI Projec'ar�eladdeesso a1 `-�cr6v1�L r. 1 e Orel �1 C� f i Parcel ° Q -o 6 712 Q t a "44-- pane); lyt gize { n o 1A 11 ac Y-es Disposal area required (sq ft and/or acraage) 160 ` - 1-00 Acknowledgement of Madflcadon 1, r i e am aware that the site roust adhere to all state regulations and rules regarding.5edi ent and erosion control and water quality. And give permission for SherVAI S Ce C14RO a Name of Individual and Company to dispose of their dredge material at the above stated location owner. Xl ett�—= t , N Print Signature Date: I' - Along Uvith form, please provide: Aerial of Parceljlot (County GIS) Photo of proposed spoil site Identified proposed spoil site m Ri N O (D Q (D h 0 CD CD 0 G) Cf) g3jiaeS I G) CO STATE OF NORTH CAROLINA IREDELL COUNTY I certify that this mop was drawn from an actual survey made under my supervision The unadjusted ratio of precision as calculated is 1': 10,000d: Boundaries not surveyed, if any, are noted. Deed descriptions are recorded in ook, as Page shown .Witness my hand and seal this 4NI day of JUNE , 2019, 11A11CAIr,,,,E 115 R p� Pratessional Land Surveyor tUu ir � �� 4 L-3703 i 1 O`E 5 Srr� 150 SE _ -- - sr L-3703 a_ v 0:�- NOTES: ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES r I I S U R� �ti` �� �Rt1111A1� q, �� UNLESS OTHERWISE NOTED. •AREA BY COORDINATE: COMPUTATION. t LaGA�'jaN MAP�S I R, N0 �`� • PROPERTY SUBJECT TO ANY VAUD & ENFORCEABLE RESTRICTIONS & RIGHTS OF WAY OF RECORD. _ LINE TAB EASEMENTS, • SURVEY IS BASED ON PHYSICAL EVIDENCE AND EXISTING LINE BEARING MONUMENT FOUND DURING THE SURVEY. Ll N14'58'43' • PROPERTY CORNER PIPE SIZES AS SHOWN ARE NOMINAL INSIDE DIAMETER. _ L2 �_ N64'57'57' LEGEND LINES SURVEYED LINES NOT SUR - — - - - - - - L4 L7 NOT TO SCALE DISTANCE 60.30 24.31 40.80 95.21 46.53 170.16 TIE LINES OVHD DISTRIBUTION LINE — — PIN 466STOR GE, � �i�j (OVERHEAD) OAI92 D.S.2 STORAGE, LLC R/W LIMITS ------- B. 2521 PG. 2033 / l 7Q, TRANSMISSION O NO MONUMENTATION / POWER POLE UNLESS OTHERWISE / CENTERLINE NOTED $ PROPERTY LINE ! 1 (F) DENOTES "FOUND" PIN 4668-20-8185 / l (S) DENOTES "SET` BRIDGES PROPERTIES, LLC NTS DENOTES 'NOT TO SCALE" / 0.8. 1602 PG. 1912 1 CONCRETE LOT!-P.B. 36 PG_ 150 / /��� / MONUMENT (F) N 679940.48 FT E 146295L44 FT NAD 83(2011) l / o / �Gs4j PIN 4667-29-6642 / @ BRIDGES 3 j PROPERTIES, LLC �o m Q.B. 1602 PG. 1912 n �: ¢ m 0 "' / .^. PIN 4667-39-0000 o u, _ / to ARGOS USA LLC STAGING AREA Q.B. 2016 PG. 4981(CD) / / 0.227 ACRE / DUKE ENERGY TRANSMISSION LINE j3 L7-(TIE TRAN LINE ONLY) -3 - --SMISSIOA L4 ALINE Rl,, NAIL (F) AT BENT 4679337.REBAR 7)FT BENT #a S78 P-35 �53-E N7 E 1462830.56 FT REBAR (F) _ _ _ �` - .. r NAD 83(2011) 571.73p_ 36 c �_ GRAPHIC SCALE PIN 9-5304 FCMF'ORLESS 1101DINGS, LLC - 075 D.B. 2180 PG. 1029 LOT r12-P.B. 26 PG. 73 LNS FILE NO.: S1905i �0 DWG NO,: 579051 SURVEYED BY: N.D. WHiTU { IN FEET } !DRAWN BY: N.D. WHITLI 1 inch = 150 ft. ICHECKED BY: J.R. HOSE TAX ID: 4667-29-6642 FOR SOURCE OF TITLE REFER TO D.BK. 1602 PG. 1912 PROPERTY OWNED BY BRIDGES PROPERTIES, LLC SURVEY SHOWING LOCATION OF STAGING AREA CODDLE CREEK TOWNSHIP IREDELL COUNTY, N.C. SCALE: I" = 150' DATE OF SURVEY: JUNE 3, 3019 BOOK: NA DATE OF MAPPING: JUNE 3, 2019 SURVEY AND MAP PREPARED BY. LAKE NORMAN SURVEYING & MAPPING PLLC #P-0190 137 Jennings Rood, Suite C Statesville, North Carolina 28625 (704) 876-4450 Fox (704) 876-4451 M Excise Tax $654.00 14�II�I�II IIIIIIIIIII�I�III�illllillil�� Doc ID: 008889900003 Tvoe: GRP Recorded: 11/23/2004 at 02:28:00 PM Fee Amt: $674.00 Page 1 of 3 Exclse Tax: $W.00 Iredell county. Nc Brenda D. Bell Realster of Deeds ex 1 v 02 Pc 1 1 -1914 Tax Lot No. Parcel Identifier No 4667-29-6642 and 4668-20-8185-4.34 Verifiedby............................................................................... County on the .......... day of ................................., by........................................................................................................................................................................... Mail after recording to: Grantee This instrument prepared by: Lutzel, Gandy Broadway, PLLC Brief Description for the Index NORTH CAROLINA GENERA'LWARRANTY DEED THIS DEED made this 22nd.... day of November 2004, by and between GRANTOR I GRANTEE Donald Ray Snyder and wife, Bridges Properties, LLC Victoria A. Snyder, 628 Oak Ridge Farm Hwy a/k/a Mooresville, NC 28115 Vicotira A, Snyder Enter in appropriate block for each party; name, address, and, if appropriate, character of entity, e.q. corporation or partnership. 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 the City of ..................................... Township, Iredell County, North Carolina and more particularly described as follows: see Exhibit "A° attached hereto and made a part hereof The property hercinabove described was acquired by Grantor by instrument recorded in Book .............. Page ......... A map showing the above described property is recorded in Plat Book ............... Page ............... 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 is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein - above described is subject to the following exceptions: All easements, restrictions and rights of way of record. Ad valorem taxes for the year 2005 and subsequent years not yet due and payable. All matters revealed by and accurate survey of the property. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer(s) by authority of its Board of Directors, the day and year first above written. ............. ..... . .... ... .. ...... (Corporate Name) DonaVd Ray Snyd D 11 Z� By: ........................ ........... 0 .................................... President (SEAL) Attest: U Victoria A. Snyder .................................................... m........I..............................................................(SEAL) ....................... ............. Secretary 00 1. .. ...................... ......... ............. ------ (SEAL) NORTH CAROLINA�t OA - COUNT .4;� 1, a Notary Public of the County and State aforesaid, certify Snyder and Victoria A. oTA S SNyder, Grantor, personally appeared before s d acknowledged e execud n of the U B L%rJ CY foregoing instrument. Witness my hand and o ial s p a eal this 19nd. ay o vernher 004. Ir My Commission Expires: ... ......... P lie ................Notary (SEAL) NORTH CAROLINA,............................... COUNTY. 1, a Notary Public of the County and State aforesaid, certify that ........... ....... . ................ ........... .......... ... I ...................................... . . ................. Grantor, personally appeared before me this day and acknowledged that he/she is .... ........... ......... of . ...... .......... ..................... ­­ ... .......... .................... ......... _ ................. corporation, and that heishe as ............... ........ ....... __ ...... ....... I... a being authorized to do so, exe- cuted the foregoing instrument on behalf of the corporation. Witness my hand and official stamp or seal this .................. day of ................. ........ .......... 2004. MyCommission Expires: .......................... ....... _ ....... _ ................................. ............ Notary Public '.. - -_ -- - . - . - -_ -_ - ............. The foregoing Certificate(s) of, �_� . I .... �. .... . is/aye certified to be correct. This instrument and this certificate are td, a gistereI at th d and time and in the Book and Page s e first p e her .......... ster Deeds for4- LAounty ...... I ... I—— ......... I . ..... .............. - _ ------ Deputy/Asak&m*it—Register of Deeds EXHIBIT "A" TRACT 1: BEING all of that certain 6.49 acre tract located in Coddle Creek Township, Iredell County, North Carolina on NC Hwy 150 By-pass; being more particularly described as follows: BEGINNING at a point in the centerline of the 100 ft. tight of way for NC Hwy I50 By-pass, said point being located North 36-17-36 East 2,458.39 ft. (Ground) from NCGS Monument "Run In" N: 206,469.354 meters E: 445,280,693 meters Dated: 1991 NAD 83; thence continuing from said point of Beginning and along the centerline of the right of way for NC Hwy 150, North 36- 22-16 East 561.58 ft. to a point; thence leaving said right of way and running with the line of Whitman property (now or formerly) South 64-06-48 East 49,80 ft. to an existing #4 rebar in the eastern margin of the right of way for NC Hwy 150; thence South 64-06-48 East 246.91 ft. to an existing 1 112" pipe; thence continuing with another line of Whitman property North 40-19-43 East 305.82 ft. to an existing 1" pipe; thence North 71-18-07 East 121.51 tl. to an existing angle iron in the line of Evelyn Brown (See Deed Book 308, Page 337, Iredell County Registry); thence a new line of John W. Caffey, et al (see Deed Book 601, Page 538, Iredell County Registry) South 42- 31-26 West 221.12 ft. to an existing concrete monument; thence another new line of Caffey, et al South 15-00-41 West 614.81 ft, to an existing 42 rebar; thence with the northern line of Lot 2, Scott D. Burton Property (see Plat Book 26, Page 73, Iredell County Registry) North 74-59-17 West 572.00 ft. to an existing I#2 rebar in the eastern margin of the right of way for NC Hwy 150; thence North 74-59-17 West 53.64 ft, to the point and place of Beginning. TRACT II: BEING all and the full contents of Lot No. 1 as shown on plat of Minor Subdivision for William Wallace Whitman Estate and recorded in Plat Book 36, Page 150, Iredell County Registry, to which plat reference is made for a more full and complete description of said lot by metes and bounds. � o 1 UJ