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HomeMy WebLinkAbout20221582 Ver 1_Shoreline Stabilization_20221109Shoreline 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* keith.spicer@ymail.com Please provide an email address for payment and requests for more information here. Pre -Filing Meeting Date Request was 11/7/2022 submitted on: * Owner Information: Name: * Keith Spicer Email: * keith.spicer@ymail.com Phone Number: (801)889-7658 (xxx)xxx-xxxx Mailing Address:* Street Address 3926 Cedar Wood Trail Address Line 2 City Lake Norman of Catawba Postal / Zip Code 28682-9715 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 596.49KB Link to: Sample Agent Authorization Form Project Information [15A NCAC 02H .0502(a) & (b)] Project Name: * Spicer Dredge/Shoreline 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 Upload Map: Survey.pdf 1.32MB Vicinity Maps.pdf 6.51MB Latitude:* 35.584866 Longitude: *-80.960037 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 942.88KB Buffer Form.pdf 1.02MB 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 Pics.pdf 18.93MB Shoreline Pics.pdf 28.53MB Access Permission Info.pdf 2.59MB 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 PID # 461704732581 3926 Cedar Wood Trail Terrell, NC 28682 Include phase/lot number 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) 8.3 mi Turn left onto Kiser Island Rd 0.6 mi Turn left onto Cedar Wood Trail Destination will be on the left 0.2 mi 3926 Cedar Wood Trail 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: * Residential Residential, undeveloped, etc. 6. Property Size 0.710 acres Acres 7. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): Dredge a 40' x 40' area at dock for boat access. Starting at right property line and extending left, push down existing rip rap in approx. 90' of shoreline. Reshape and re -slope bank, install matting and install boulder rip rap to refurbish. At left of 90' section, shape and slope remaining 30' section of un-stabilized shoreline. Install matting and install boulder rip rap for new stabilization. Install TN Crab Orchard steps for lake access. 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.) 237.03 cubic yards below on dredge 3' below on 90' section of shoreline, 2' below on 30' section of shoreline (330 sf total for shoreline 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, 1' above for shoreline (120 sf) 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, no disturbance to buffer. Access from neighbor's lot with permission. Neighbor is having dredging done as well. Sketch: Dredge Application.pdf 10.18MB Dredge Spoils Info.pdf 8.57MB Sketch.pdf 298.32KB 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): o $240.00 for impacts to lake (below normal water level) of less than 1 acre o $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"); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND a I intend to electronically sign and submit the Shoreline Stabilization online form. Full Name:* Janice Estep Signature: Submittal Date: 11/7/2022 Initial Review Is this accepted into the review process?* Yes No Project Number:* 20221582 Version:* 1 Select Reviewer: * Andrew Pitner:eads\ahpitner 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 $570.00 AGENT ALITHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT Na. PLAN NO. PARCELID, -7 jt,,t-j0Lj- _j STREET ADDRESS, 39 ago Cedar- ujoaJ 7-v-a:, f Please print: Property Owner;--& Property Owner.- The undersigned, registered property owners of the above noted property, do hereby authorize -J-G_Vkcl�- — of -c-2c-54oue � Reco a 1; no �LLQ- {Contractor / Age (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attacked. Property Owner's Address (if different than property above): Telephone: 80 1 — 8 BCi - I U 5 8 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. 1`5� Aurnorized Signature Date-- /0—o- D Authorized Signature Date., - pl 56 m zp l� T m m mam " o � m soa zip =f ol 10 10 was 1J .L0 / N.vp�ba g°y �0//' I TIN I S$ row yy11 O Ii ate/ I �'p I Ntf O P. z a Al n= 6om� " - t m� � m �- n A C1 PO JF z �N f/oy°ore b/ m g4 10 4%0 z w T -----� / / �� s goabbo S m w o m b�Z / ro2z a ° Az" 3�6 06 I r o 9� 3 0 m d. �nz m0 6 l3 I n� ale L p� LB n�in� I � ! tilllltl111 0 n xgn N~>og Illli lli 111 0000S tt §Iltit "fir a r� I>•�-ayy�t�71 _mq�m uo'gw z 1111 [1tt111 fFFFFFm�Fmm� � lllllttllll � ro mw oqo r.,a mfm Ge®spatial Real Estate Search 0 cataw � �Nc. 4,u,N�. net county Information Services N w+E Vs Parcel: 461704732581, 3926 CEDAR WOOD TR TERRELL, 28682 Owners: SPICER KEITH, SPICER SAMANTHA Owner Address: 3926 CEDAR WOOD TRL Values - Building(s): $535,200, Land: $274,600, Total: $809,800 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 10/10/2022 catawba 0countyGeospatia! Real Estate Search MAKING. riv3Nc. BETTER. Information Services I • i N W+E 1 in=60ft s Parcel: 461704732581, 3926 CEDAR WOOD TR TERRELL, 28682 Owners: SPICER KEITH, SPICER SAMANTHA Owner Address: 3926 CEDAR WOOD TRL Values - Building(s): $535,200, Land: $274,600, Total: $809,800 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 10/10/2022 a �eoow x Full Pond/V� Norma€ Water I_efef u Shoreline A o -gees V'V-'O J eU Ro 6.14 v 60ance�o buu� e C �lcc:e`ss -�-�rov�h rw—'I b0 Y j ;7roQor 'l�J i}Jh �er�;SS ioYl Lake (At Full Mond/ Normal Water Leven 3' 6 1ou.) y 0' L.l ' C Lj+ l ' C bov e X rao' t ao' 1 e94) qo, 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 Project Name/address. -T7 Print Signat cantractor/agent! 0- BC Print ^ I-~/ /-Aianature The approval is for the purpose and design described in your Impacts not indicated in the application is a violation of the Buffer Rule. Site specific work should be provided in the application, [15A NCAC Trees are not allowed to be removed from Zone I of the Buffer (within 30 ft of the full pond elevation), unless approvedException'thooetmeeathatanesoverelyunderrnine6a|mn0theimmediateshoveKneo*nberemoved. Minimal shaping and sloping along the immediate shoreline isal{mwe6.[1SA0CACO2B�0243(6)1 Benching, grading inthe buffer isnot allowed. Excessive disturbance of ground cover, [15ANCACO28 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 corridorshali be restored. Staging, spoil, construction material must baoutside the buffer. [1SA0[AC82H.U5U2and I5A0CACUZB.0243(4),(6),(8)] 3tonmwater cannot be piped or channeled for direct discharge to the lake. All constructed otormwatnr discharges must bwat the natural elevation and discharged prior to entering the buffer directed asdiffuse or sheet flow at non -erosive velocities to the lake. [15A NCAC 02B.0243(5), (6)] of NoWicadon hereby state that I have been info, Riparian Buffer Rule. 'Any work conducted in the buffer, not specifically stated in the application and approved by the Division of Water Resources(DWRI, isaviolation 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. s Wall* t ,r , il111l'kku,,_ 1,...I..1 N k7, ..* Vie. t DO- 77� 7 7 7 7 77� E ME -- i r• d , .' Mva i `., CA �' h.'i. 's � .� k °� c s� i `a `� 'der �,� -. 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Any areas disturbed by work will be restored to original condition after project has been completed. This includes but not limited to any rock/gravel used for a temporary road, any rip rap disturbed and mulch areas. The approval is for the current dredge season ending on February 28, 2023. CBC Stone will be use the right side of the property furthest away from the project for truck access, and holding that line as long as possible before curving in toythe final destination to collect the spoils. CBC Stone will be mindful of the building process underway which may include ground breaking and dirt mounds. CBC Stone will cooperate with the builder to the extent necessary to have little or no impact to the building process. Sign f Date &/ 3602-0897 FILED ELECTRONICALLY CATAWBA COUNTY NC DONNA HICKS SPENCER FILED Sep 29, 2020 AT 10:08:00 AM BOOK 03602 START PAGE 0897 END PAGE 0898 INSTRUMENT # 19785 EXCISE TAX $520.00 Excise Tax $ 520.DO I Recording Time, Book and Page Tax Lot No. 461704733329 Parcel Verified by Catawba 'County on the day of by Mail after recording to Crantee Below ,20 This instrument was prepared by McMillan, Psaroudis & Markey P.A./aa Title Ins.: CHICAG071TLE INSURANCE COMPANY Brief description for the Index IFLOt 1, Land Division for Elizabeth Sherrill Bailey, Plat Book 31, Page 214 NORTH CAROLINA GENERAL WARRANTY DEED n,-) ucCu mace 5eptemoer to , 1vzu , uy anti between GRANTOR. GRANTEE Jeffrey C. Bailey, Trustee of Ned Stowe Williams, III The Jeffrey C. Bailey Revocable Trust and spouse, Dated October 3, 2005 Holley Lynn Williams 2748 Ocean Shore. Ave. Property Address: Virginia Beach, VA 23451 3954 Cedar Wood Trail #1 Terrell, NC. 28682-9715 Enter In appropriate block for each party; name, address, and, if appropriate, .character of entity, e.a., corporation or bartnershln The designation Grantor and Grantee as used herein shall include. said parties, their heirs, successors, and assigns, and shall include sirigular, 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 Terrell, Catawba County, North Carolina and more particularly described as folrows: Being all of Lot No. 1 as shown on a plat prepared by Ronnie Dedmon, Surveyor, dated July 30, 1988 entitled "Land Division for Elizabeth Sherrill Bailey" which said plat is recorded in Plat Book 31 at Page 214 In the Office of the Register of -Deeds of Catawba County. All'or a portion of the property herein conveyed ___ Includes or does not include the -primary residence of the Grantnr(s). submitted electronically by "McMillan Psaroudis & Markey, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Catawba County Register of Deeds. The property hereinabove described was acquired by Grantor by Instrument recorded in DEED BOOK 3340, PAGE 1223. A map showing the above described property is recorded in Plat Book 31, Page 214. 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 hereinabove described is subject to they following exceptions: All such valid and enforceable'easements, restrictions and rights of way of record and the lien of ad valorem taxes for the current year which the grantee herein assumes and agrees to pay. 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 officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written, STATE OF V11P-ix gh _V14 tr lA 1WOR COUNTY I, LI;. �6um� , a Notary Public of the County of. V%lip)A State of V14L io P-, , certify that Jeffrey C. Bailey, Trustee of the Jeffrey C. Bailey Revocable Trust dated October 3, 2005, either personally known to me or proven by satisfactory evidence, personally appeared before me this day and acknowledged the execution of the foregoirig instrument. Witness my hand and official stamp or seal, this September , 2020. Exp. `>-N `' _ 4 _7 77 otary Public �L IEM T NGUYEN NorARY PUSUC COMMONWEALTH OF VIEaGINIA y CoMMI55lbN E-XI71 DES MAP- 81. 2022 coMMISSION 0 7769539 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 1 Initials C 4 Date Final Protection/Avoidance Area Markings Field - Verified Initials Approved to Start Work By * : Date (Print) (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 ONo (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 Keith Spicer Email address: keith.spicer@ymail.com Lake Address 3926 Cedarwood Trail Terrell, NC 28682 Telephone 801-889-7658 Mailing Address (zf different) same as lake address Contractor Company CBC Stone & Recycling, LLC Contractor Contact Person Janice Estep Telephone 704-660-5111 Contractor Email Address: info@cbcstoneandrecycling.com LAKE LOT INFORMATION Lake Norman County Catawba City Terrell Subdivision NIA Lot / Section No. 1 State NC Tax Map No. 4wi oto 3a,5'3 Lot Size 0.71oAcres 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 ONo (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 Initials (Duke Energy) (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 (spec): 3. Lake user category: (check one) ❑Commercial Marina ❑Other (spec): ® Boat Access Channel ❑ Wastewater Discharge Channel ®Private ❑Residential Marina ❑Public 4. Max. Excavation Area Dimensions (ft): Length 40' Width 40' Depth 4' (Note: include additional area dimensions if necessary so response to #5 below equals max. area dimensions in 44) 5. Volume of Excavated Material (TOTAL for the project) 237.03 6. 'Type of material removed (applicant determines by field sample f practical): Dirt/Silt Cubic yards 7. Excavation Site area: 0.146 Acre (s) Disposal Site area: 229 Acre (s) 8. Total Disturbed Area (including equipment staging area): 0.146 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) 13Yes ❑No 10. Do you claim title to the disposal area? (check one) ❑Yes ONo 11. Do you claim title to the equipment staging area? (check one) ❑Yes IZNo 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes [ZNo (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 out dredge material through neighbor's property with permission and take by dump truck to disposal site located at 638 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) OYes ❑No (If yes, explain) Excavator brought in by barge 16. Will return water re-enter the reservoir? (Check one) OYes MNo ❑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? OYes ❑No (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Permit # 11703 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START 2 / 23 FINISH 2 / 23 (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 11/22/21 Excavation Program � \ ( / / �k g Q ° / « �p , R«r § \ \ CD \\ ( q CD � / // \ / \ \(�� CD �\ \\) \CD CD ¥ E_� e / « 2 ■ \ * \ e «° /\ / \ n ( / � g � 2 2 2 2 2 7 O 2 ] § \ $ BAD ƒ7� zy \ 73 \%SD M §_ - �/ 0 & m2 QA \U �- 0 R f � $ * 9 m § � i � > O� ƒ $ i 0 � ) \ \ w \ § � ) \ \CD C CD \ �. 0 % r OSCD4 n a m t k ° CN Co / § 9 � »� k ] 2 2 D ƒ ) \ \� § � § f � $ § \ 9 � § � i � J� ƒ & n � � n M ) ¥ _ * \ Duke Energy Excavation Permit ApglicatLou Form C. Applicant's Signatures Comments: IO_VYN!S 3 q Ce _CLL'C Obi oxyl L —\JO 7'enre--i+e- 38E)';, Y\ t scr =sIo-rd RA Applicant Name (prini)-- --Date LL� Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date *Per my signature, the information provided in this application is correct to the best of my knowledge. Duke Energy Page 10 of 13 rev 11/22.12021 Excavation Progt= Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date 10/12/22 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 1 3926 Cedarwood Trail (Lake/County/City) Norman / Catawba / Terrell (Applicant's full name) Keith Spicer 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, 1/we have read and agree to comply with Duke Energy's current Shoreline Management Plan (SW) 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 SMP 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. 1/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, 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 I Rev 4/6/2020 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. 1/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 Uwe 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 1/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. I/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. 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. I/we recognize that it is my/our responsibility to clearly locate in the field and label on my/our work area drawings any areas that require specific protection or avoidance during this excavation work. Examples of these protection/avoidance areas include but are not limited to, any Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke Energy; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. I/we agree to provide my/our contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures. I/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, 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 Uwe 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. 1/we 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 E—gy Page 3 Rev: 4/6/2020 Five agree to develop any required mitigation plans and to complete any required mitigation activities at my/our own expense within the specified time frames. 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 Duke Energy by_phone when the excavation is initiated and to ensure that during the excavation period, I/tue will post Dine Energy's approval letter in a clear waterproof 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. I/we understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. I/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, Applicant's a�t) Co -Applicant's Name (Print) Co -A licant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Dbk, En gy Page 4 Rev: 41WO20 3280-0166 FILED Catstallya COU ty an Mar 06, 2015 at 10:46-00 am Exelse Tax $M-00 (MC) 1NST. # 03463 DONNA MCICS,SMCER, RboBf of D66Q& E* 03280 F,9 0166 -0167 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $460.00 Purchase Price: $230,000.00 Parcel Identifier No. 461704732581 Verified by County on the day of 20 By. — ✓ Mail/Box to: Grantee QkF (5 This instrument was prepared by Ben S. Thomas of THOMAS & GODLEY, PLLC, 514 Williamson Road, Ste. 421, Mooresville, NC 29117 File# 2015024078 Title Insurance Company Meridian Title Company Brief description for the Index: Lot 1 fHIS DEED made this 03/05/15, by and between GRANTOR GRANTEE David Glenn Walthall and spouse Keith Spicer and spouse Ruth Sherrill Walthall S mantha Ricer I 6208 Splitrock Trail %G I U C 1t t o Of Apey, NC 27539 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 ofwhich 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 Catawba County, North Carolina and more particularly described as follows: Being all of Lot 1 consisting of 0.862 acres, more or less, as shown on plat entitled "Exempt Estate Settlement Plat for The Lucille R. Sherrill Estate" prepared by Dedmon Surveys and recorded in Map Book 69, Page 109, Catawba County Registry, reference to which is hereby made for a more complete description. a 3280-0167 Delinquent property taxes, ifany, are to be paid by the closing attorney to the county Tax Administrator upon disbursement of the closing proceeds. The property hereinabove described was acquired by Grantor by instrument recorded in Book 3024, Page 1932. 0167 All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Book 69, Page 109. 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, other than the following exceptions: 1. Any and all easements, rights of way and restrictions of record. 2. Any and all zoning and planning ordinances. S. Any discrepancies as an accurate survey of the premises might reveal. 4. Any and all other matters of record. IN WITNESS WHEREOF, the Grantor bas duly executed the foregoing as of the day and year first above written.. (SEAL) David Glenn Walthall (SEAL) (SEAL) uth Sherrill Waltball (SEAL) State of North Carolina - County or City of Iredell I, the undersigned Notary Public ofthe County and State aforesaid, certify that David Glenn Walthay and spouse Ruth Sherrill Wakhall personally appeared before me this day and acknowledged the due execution of the forego' g ' ument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this .i day of /1A-M-A-e— , 20 1,_ LLoz- 0.80 S;abldX3 NOISSIW1100 M My Commission Expires: VNII08VO HiUON d0 31 Notary Public (Affix Seal) O119nd AMON1 Notary's Printed or Typed Name SVWOHI'S N3e State of North Carolina - County or City of Iredell 1, the undersigned Notary Public of the County and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this day of 20_ My Commission Expires: (Affix Seal) Notary's Printed or Typed Name Notary Public DREDGE SPOIL OMPOSAL FO RUV& Prefect Wang- ejaddress.-�=aq J- e& Lf— Loa,Mon Addyesss, parcm #. —AW'A -12 A pewc@111M size Disposal area required (sq ft and/or *craage) A ckno wledgemen t of No Oda tion 19 . -F—)j(eTe-4+e-GrieAqP-F, 7-r. am aware that the site must adhere to all state regulations and rules regarding sedi(dent and erosion control and water quality. And give permission for Name of Individual and to dill owne Date. Along with form, please provide - Aerial of Parcel/lot (CountV GIS) Photo of proposed spoil site Identified proposed spoil site Its' iD CL CD n O 0 n I pleas C 5V1 .1 I STATE OF NORTH CAROLINA IREDELL COUNTY i 21 1 certify that this map was drawn from as oetual survey made under my supervision The unadjusted ratio of precision as calculated is ri 10,000t I Boundaries not surveyed, if any, are noted. Deed descriptions are recorded in yak, os ' Page shown .Witness my hand and seal this 4th day of aUNE 2019. RD. SITE 1 � C X,111II, It„/j/` �•/`' ` r�= 115 ; 801' ,`\CAPp ,, `11111, III//7 ' 4 Professiand Land Sarveyor i 152 O;` E S S /Q r!/y J L-3703 150 SERE = I - r L-3703 a / 92 Ao Z NOTES: U. ARE ONTAL GROUND q 'o S 0 • A DISTANCES DISTANCES / U R�` iF 1NIN1 Qi : � UNLESS OTHERVASE NOTED. • AREA BY COORDINATE COMPUTATION, LOCATION MAP NOT TO SCAEI 4A �`� ///1��11111111` • PROPERTY SUMCT TO ANY VAUD & ENFORC6iBLE EASEMENTS, RESTRICTIONS & RIGHTS OF WAY OF RECORD_ UNE TABLE • SURVEY IS BASED ON PHYSICAL EVIDENCE AND EXISTING FL�NE SEARING DISTANCE MONUMENT FOUND DURING THE SURVEY, N14'58'43"E 60.30 • PROPERTY CORNER P[PE SIZES AS SHOWN ARE NOMINAL INSIDE DIAMETER. L2 I N64'57'57"E 24.31 LEGEND L6 j N78'30'12"W_ 170.16 LINES SURVEYED �L7 1 S54.19'38"E 82.82 LINES NOT SURVEYED------ / _ TIE LINES ---------- OVHD DISTRIBUTION UNE — — PIN 4668-30-1353 (OVERHEAD) OAKRIDGE STORAGE, LLC--�j R/W UMITS------- D.B, 2521 PG. 2033 / rQ, TRANSMISSION O NO MONUMENTATION POWER POLE UNLESS OTHERMSE fi CENTERLINE NOTED E PROPERTY UNE (F) DENOTES "FOUND" PIN 4668-20-8185 "SET' (S) DENOTES BRIDGES PROPERTIES, LLC / / NTS DENOTES 'NOT TO SCALE' D.B. 1602 PG. 1912 / LOT #I-P.S. 36 PG. 150 CONCRETE / \ / MONUMENT F / N 672940.48 FT E 1462951.44 FT NAD 83(2011) o I PIN 4667-29-6642 BRIDGES 3 a o / PROPERTIES, LLC N o Q.B. 1602 PG. 1912 to ^ Z PIN 4657-39-0000 to ARGOS USA LLC D.B. 2016 PG. 4961(CO) STAGING AREA 0.227 ACRE / DUKE ENERGY TRANSMISSION UNE L7-(TIE 1` �-'" p` --TRq LINE ONLY) -3J � MISS, �¢ -�Ppc NAIL (F) AT BENT N4REBAR 679337.7) 7FT _ BENT #4 �--` 1, 6 NAD 2830.56 015) FT /REBAR (F) `-�__ - ' RfV- Y, � _LINE PIN 4667HOLDI 04 GRAPHIC SCALE -�- PCMI'ORLHOLDIN ESS GS, LLC 0 75 150 D.B. 2180 PG, 1029 LOT y2-P.9. 29 PG. 73 LNS FILE NO.: S79051 DWG NO.: S19051 SURVEYED BY: N.D. WHITLI ( IN FEET ) DRAWN BY: N.D. WHITLI 1 inch = 150 ft. r (CHECKED BY: J.R_ HOBE TAX ID: 9 FOR SOURCERCE OF OF TITLE REFER TO D.BK. 1602 PG. 1912 PROPERTY OWNED BY I�IV4- —3) BRIDGE'S PROPERTIES, LLC SURVEY AND MAP PREPARED BY: SURVEY SHOWING LOCATION OF LAKE NORMAN SURVEYING STAGING AREA & MAPPING PLLC #P-0190 CODDLE CREEK TOWNSHIP IREDELL COUNTY, N.C. 137 Jennings Road, Suite C SCALE: 1" = 150' DATE OF SURVEY: JUNE 3, 3019 Statesville, North Carolina 28625 BOOK: NA DATE OF MAPPING: JUNE 3, 2019 (704) 876-4450 Fax (704) 875-4457 w IN�I(�I�Illifl Illlflll���l(N NIIIN�II� Doc ID: 008889980003 TYpe: CRP Recorded: 11/23/2004 at 01:28:Do PH Fee Amt: $674.00 Page I of 3 Excise Tax: $654.00 rredell Countv. Nc Brenda 0. Bell Renister of Deeds Rk 1602 o 19 1 G- 19 14 Excise Tax $654.00 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 GENERAL WARRANTY DEED TIM 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 10 r 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) `"- (SEAL) By: ................................ z Dona�Ray Snyd p ........................ ---- &t.: (L -...4...�. t;-.' .ti��.cs.,�,.....•......s.(SEAL) President 9 ..................................... Attest: {� v Victoria A. Snyder 6 .......................................................................... (SEAL) ..................................... Secretary vi a .......................................................................... (SEAL) �, • " AL�,� NORTH CAROLINA 0_#( _ COUNT . ;•'� f,.• a. I, a Notary Public of the County and State aforesaid, certify Snyder and Victoria A. ro 8 �p�AFj j. �yZ s SNyder, Grantor, personally appeared before s d acknowledged a executi n of the g �'! pQ;'°UBL%G a foregoing instrument. Witness my hand and o ial s nip o ��cal this 22nd. ay o ovember 004. •� ' ' nn My Commission Expires: i)%:1. �-. Notary gNcouN`�.•r . ..N to li c (SEAL) NORTH CAROLINA. ............................... COUNTY. I, a Notary Public of the County and State aforesaid, certify that ....................... . ...... ........................................................................................Grantor, personally appeared before me this day and acknowledged that he/she is ................................... of .......... ....................................................................................................................... a corporation, and that he/she as .............................................. being authorized to do so, exe- cuted the foregoing instrument on behalf of the corporation. Witness my hand and official stamp or sealthis .................. day of ..................................... 2004. My Commission Expires: . ...... ........ ............... ._ ............Notary Public The foregoing Certificate(s) -ELh sL ..... —.................................. islare certified to be correct, This instrument and this certificate are duly _ gistered at tlt d and time and in the Book and Page s e first p e er "l ..................._ ....:.. ster Deeds for ................ unty ............... . . ................ . •. --- ............... ---....-..._.....Deputy/Assistant--RegisterofDeeds EXHIBIT "A" TRACT I: 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. right of way for NC Hwy 150 By-pass, said point being located North 36-17-36 East 2,45839 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 49.90 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 1/2" 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 ft, 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 a] (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 92 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 92 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 11: BEING all and the full contents of Lot No. I 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. 0 y® , T