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HomeMy WebLinkAbout20221699 Ver 1_Shoreline Stabilization_20221202Shoreline 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* jayseymoure@yahoo.com Please provide an email address for payment and requests for more information here. Pre -Filing Meeting Date Request was 12/1/2022 submitted on: * Owner Information: Name: * Email: * Phone Number: Mailing Address: * Jay Seymoure jayseymoure@yahoo.com (602)763-8001 (xxx)xxx-xxxx Street Address 2384 Smith Harbour Drive Address Line 2 City Denver Postal / Zip Code 28037-8087 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 610.75KB Link to: Sample Agent Authorization Form Project Information [15A NCAC 02H .0502(a) & (b)] Project Name: * Seymoure 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 1.11MB Vicinity Maps.pdf 7.04MB Latitude:* 35.488141 Longitude: *-80.988251 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 967.77KB Buffer Form.pdf 1.11MB Access Permission Info.pdf 5.93MB 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 9.55MB Shoreline Pics.pdf 11.78MB 4. Location of the property (where work is to be conducted) Nearest Town: * Denver County: * Lincoln Lake/ river/ ocean adjacent to Norman property: Subdivisions name or site address: * Directions to site: * 610 E Center Ave Mooresville, NC 28115 Lot 59 Smithstone Subdivision Include phase/lot number Head south on Evergreen St toward E Center Ave 14 sec (197 ft) Take NC-150 W, Slanting Bridge Rd and NC-16 Business S to Smith Harbour Dr in Lincoln County 37 min (20.7 mi) 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) 9.9 mi Turn left onto Slanting Bridge Rd 2.7 mi Continue onto Campground Rd 1.7 mi Turn left onto Will Proctor St 0.5 mi Turn left onto NC-16 Business S 4.2 mi Turn left onto Smith Harbour Dr Destination will be on the right 2 min (0.5 mi) 2384 Smith Harbour Dr Denver, NC 28037 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 0.388 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 20' area at dock for boat access. Starting at right property line and extending left past the dock, reshape and re -slope a 90' section of shoreline. Install matting and install boulder rip rap to refurbish shoreline. 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.) 148.14 cubic yards below for dredge 5.5' below (495 sf) 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 (90 sf) for shoreline 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, remove small undermined tree/brush on immediate shoreline necessary to properly stabilize. No disturbance to buffer. Sketch: Dredge Application.pdf 11.16MB Dredge Spoils Info.pdf 7.22MB Sketch.pdf 257.91KB 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: 12/1/2022 Initial Review Is this accepted into the review process?* Yes No Project Number: * 20221699 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 AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. _ _ - PLAN NO. PARCEL Ike: STREET ADDRESS: a---3,q-� Sm Oc-" Please print: Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize (Contractor j Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone; We hereby certify the above Information submitted in this application is true and accurate to the best of our knowledge. Authorized Sena re Authorized Signature Date: cam- gate: I, WILLIAM T. POWELL, JR. , CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK ----- PAGE __, ETC)(OTHER); THAT BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK 15, PAGE 25 ; THAT THE RATIO OF PRECISION AS CALCULATED IS :7 00+ ; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S.47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 18TH DAY OF MAY A.D., 2017. SMITH HARBOUR DRIVE THIS PROPERTY MAY BE SUBJECT TO ANY AND ALL APPUCABLE DEED RESTRIC11ONS, EASEMENTS, RIGHT-OF-WAY, UTILITIES AND RESTRICTIVE COVENANTS WHICH MAY BE OF RECORD OR IMPLIED 40 0 40 SCALE: 1" = 40' RASTOVER LMD SURVEYING COMPANY, PA LAND SURVEYORS - PLANNERS (C-1833) 10430 PARK ROAD, SUITE #300 CHARLOTTE, NORTH CAROLINA 28210 PHONE (704) 927-8080 FAX (980) 309-0842 50' R/W FOUNDATION SURVEY FOR EXEMPT PLAT RECOMBINATION OF LOT 59 SMITHSTONE Catawba Springs Township, Lincoln County, North Carolina PROPERTY OF: SEYMOURE MAP BOOK 15 PAGE 25 DEED REFERENCE DRAWN BY: GAW DATE: 5/22/2017 ;cl - / _ w \ \ CD N) z 0 HI K I r- C) U cc 46 co I Full Pone/ Normal WI;-_er Level, Shor elirie Lake a6 (At Full Pond/ NormaE U. '� 5.5' low , 9d' 1 r above x 90' S-Fe�s fib' � e�n�fih AUUSe. 5 cu terra. 1�ip..�rnoJe c���l� Sma.-11 �rde�rri�neC1 A-rees( brusi) Slr,c�re- i Y) - 1ti1� c�iS�vc�oinc� Please approximately sketch the following information on this plan, leriggth of shoreline (provio'e dimensions for each item, such as 10 ftx 100 ft)*e 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 CATAWBA RIPARIAN BUFFER NOTIMCATION FORM S4.'h� Project Na rf=. Contractor/agent, 41- _Z_ - 1� -f-- " 1.e L' � "0 J.J 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 I 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)] Reaches, 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 OS02 and ISA NCAC 028.0243 (4), (6), (8)] Stormwater cannot be piped or channeled for direct discharge to the lake. All constructed stormwater discharges must be at the natural elevation and discharged prior to entering the buffer directed as diffuse or sheet flow at non -erosive velocities to the lake. [15A NCAC 02B.0243(5), (6)] Acknowledgement of Notification 1, 2�y . '512Y�("?rz ­' 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. 1___) — g4a. We:. own. � — � Date. A 1,i-hannon.-Miller, owner of ake Ncrman Docl< and Dredge, Der by give permission for CBCStone &ftecycl Ing, LLC"o we my co,-nmierciat property locatcc at 4SG I Slanting Stidge Ad, Shp"'111; Fnrei* INICIR671 At. ;m arpa for the pLrpose cf removing appirox, 28151) cubic yards of dredge material and loading rip rap onto barge for a dredgn./storellne project with no land access for i3y Seymoufe located a-. 2384 Smith Harbour Dr. Denver, NC 23037 S'Rn Date If-.** k1f _ m � DJ CL Ao cn �61 rr tG .:..; z co C ►,.. to t 5 C� Q L �'�yt : tQ � • VJ W CL s i 3397-1127 FILED ELECTRONICALLY CATAWBA COUNTY NC DONNA HICKS SPENCER FILED May 04, 2017 AT 01:32:00 PM BOOK 03397 START PAGE 1127 END PAGE 1128 INSTRUMENT # 07583 EXCISE TAX $0.00 GENERAL WARRANTY DEED Excise Tax: $0.00 This conveyance is without consideration and is a business distribution. No revenue stamps are required pursuant to N.C.G.S.105-228.29(6). Tax Parcel ID No.: 460602870545 Verified by: Catawba County on the day of 20 By: NO TITLE OPINION RENDERED -NO CLOSING HELD, BY PREPARING ATTORNEY Mail/Box to: _Kevin C. Donaldson, Attorney, PO Box 30.10";'rNooresville, NC 28117 This instrument was prepared by: Kevin C. Donaldson, Attorney at Law Jones, Childers Donaldson & Webb, PLLC 149 Welton Way, Mooresville, NC 28117 Brief description for the Index: THIS DEED, made this the 25th day of GRANTOR: whose mailing address is Pfl Box 3156, Mooresville, NC 28117 and (herein referred to collectively 4 Grantor) and GRANTEE: Thomas Shannon Miller, a married man whose mailing address is PO Box 3156, Mooresville, NC 28117 (herein referred to collectively as Grantee) and WITNESSETH: and For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby gives, grants, bargains, sells and conveys unto Grantee in fee simple, subject to the Exceptions and Reservations hereinafter provided, if any, the following described property located in the City of, Township of Mountain Creek, County of Catawba, State of North Carolina, more particularly described as follows: All that certain tract of land located in Mountain Creek Township, Catawba County, North Carolina, designated as "4.235 Acres Total" on plat prepared by Gregory S. Flowe, P.L.S., License No. L-3600, entitled "Property Owned by Carolina Centers, LLC, CRI# 3458-00, Map Showing Portion of UMI-99 (Mrs. N. S. Gordon Tract)," dated September 2, 2002, which plat is attached to that certain deed recorded in Deed Book 2474, Page 802 and which plat is incorporated herein by reference. Said property having been previously conveyed to Grantor by instrument(s) recorded in Book 2474, Page 802, and being reflected on plat(s) recorded in Map/Plat Book, page/slide. submitted electronically by "cones, Childers, Donaldson & webb, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Catawba county Register of Deeds. Revised December 17, 2009 3397-1128 All or a portion of the property herein conveyed _ includes or _X_ does not include the primary residence of a Grantor. TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, in fee simple, subject to the Exceptions and Reservations hereinafter and hereinabove provided, if any. And Grantor hereby warrants that Grantor is seized of the premises in fee and has the right to convey same in fee simple, that title is marketable and is free and clear of encumbrances other than as set forth herein, and that Grantor will forever warrant and defend the title against the lawful claims of all persons or entities whomsoever. This conveyance is made subject to the following Exceptions and Reservations: 1. ANY AND ALL EASEMENTS, RIGHTS OF WAY AND RESTRICTIONS OF RECORD, including but not limited to those contained in Exhibit "B" to Deed Book 2474, Page 802. 2. ANY AND ALL ZONING AND PLANNING ORDINANCES. All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Lake Norman Dredging & Marine Construction, Inc., a North Carolina corporation ntity Name) By: (SEAL) Print/ ype Name & T le: homas S. Mi er, Presid nt By: (SEAL) Print/Type Name & Title: By: Print/Type Name & Title: Bv: Print/Type Name & Title: State of North Carolina County of Iredell I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Thomas S. Miller, President of Lake Norman Dredging & Marine Construction, Inc. 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IN .y t _.•>_.>5��"��-ems i� ,� �i ��i.�+i° '` °' -:•$' l'„H ;4'• �-`. - 'Hic 't �i '�'f~y` ci ♦ i g may/, 1MW �`+� � \�>r5 �"I[j• Pik ✓��, � 1.YC•i+ 'mil •�1/f rYjP�'♦T��y M °. �� g `� fro• •� �, aft` �� � �� � G" ,; �,�x �,� „� �„ .r.a."� $ 1 Ci✓ • t r - _S�i,ry .,r,{. e �.. ••.Rl I r.*..3.� 3�• :-,- ` - ?IN J �g 43 yew $ ; AS INYM - " �. � fir,.• � p�� �. � � r ..�$ dr$cr: Z • - Ky Al,AS- fir' is 47 i 7 ® may, 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 Initials 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 ❑No (If Yes, explain in PART V) Date Deposit Refunded Initials Date Permit Database Updated Initials * Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work Orders with application. Part I. Applicant Information (Please Print) Name Jay Seymoure Telephone 602-763-8001 Email address: iayseymoureCcr)yahoo.com Lake Address Mailing Address (f different) 2384 Smith Harbour Dr. same as lake address Denver, NC 28037 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 Lincoln City Denver State X Tax Map No. Subdivision Smithstone Lot / Section No. 59 Lot Size 0.388 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 Kmo (If Yes, include name and mailing address below. Name: Mailing Address: Tax ID: Are there any Co -Applicants*? (check one) ❑Yes �10 (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 J i Initials (Duke Energy) (applicant/contractor) 0- 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) 2. Purpose of excavation: (check one) ❑ Water Intake Channel ❑ Other (specify): 3. Lake user category: (check one) ❑Commercial Marina ❑Other (spec): D New excavation 0 Maintenance excavation ® Boat Access Channel ❑ Wastewater Discharge Channel ®Private ❑Residential Marina ❑Public 4. Max. Excavation Area Dimensions (ft): Length 40" Width 20' Depth 5' (Note: include additional area dimensions if necessary so response to #S below equals max. area dimensions in #4) 5. Volume of Excavated Material (TOTAL for the project): 148.14 Cubic yards 6. Type of material removed (applicant determines by field sample if practical): Dirt/Silt 7. Excavation Site area: 0.091 Acre (s) Disposal Site area: 2.29 Acre (s) 8. Total Disturbed Area (including equipment staging area): 0.091 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) 13Yes ONO 10. Do you claim title to the disposal area? (check one) ❑Yes 13No 11. Do you claim title to the equipment staging area? (check one) ❑Yes QNo 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes lallo (If Yes, specify): 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and disposal area design): Dredge by barge, haul material to approved access with permission from owner, load onto dump truck and haul 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, hopper, dump truck 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) OYes ❑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? 1ZYes ❑No (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Permit # 11494 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 O alp �d CD 00 CD CD ID iy o Q, a CD CD o N r O . C $1' CD O CD Q CD CD CD Q C CD¢ G N � CD `CD _CD CDCD c �� Cr, CD N rA N ¢ C> n I� o YC D D D D D �( Cr D cD (D a `c o cr 0) 0 c. ® SD M 0. =` tD m n CD N CD v C Y m C C 0 r x- o e^r A n O O(D 5 O U4 n (7Q CL cn CD cn C n. CD Cz va a a l� J 7 It u § / \ % w a \ $ -z @ r & �r CD,CD .m n a % ■ \ \ #§ \EE E\) > n �. \ ` R $W w �® n 2 2 Z 2 D $ ow Mft \� § � & f � J � � � i � O\ A Duke Enerev Excavation Permit Application Form C. Applicant's Signatures VVML&U,Vi1W. ( 7t�JI )130q J �1r�.Ci £, ,JC�YC.Q.,S �C�r•� i�t3 Q;) Sn,,�1�S�o�e 17, C"N ex, Applicant Name (print) C fn U Y Date / 7� 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 11122/2021 Excavation Program Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date 1118122 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 59 Smithstone Subdivision (Lake/County/City) Norman / Lincoln / Denver (Applicant's full name) Jay Seymoure 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, Fwe have read and agree to comply with Duke Energy's current Shoreline Management Plan (SMP) or other applicable guidelines, much of which is repeated herein, and understand that written authorization must be obtained from Duke Energy prior to beginning any activity within the Federal Energy Regulatory Commission (FERC) project boundary or on Duke Energy property associated with a reservoir, collectively referred to as Project Boundary. The excavation will be completed as described in the approved application and within eighteen (18) months from the date of written approval by Duke Energy, unless specifically noted otherwise in the application or unless Uwe obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy. I/we understand that if the SMP or other applicable guidelines or rules change during any extension period, I/we will be expected to comply with the new requirements to the maximum extent practicable. Uwe also recognize that failure to complete the excavation within this build -out period will require the filing of a new application within the then - current SMP or other applicable guidelines and the new application must include any applicable fees and security deposits. Vwe 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. 1/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment staging and disposal of excavated material or if not the owner or lease holder, I/we have included. proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the work on their land. Duke Energy Page 1 Rev: 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, I/we must notify the appropriate local, state and federal agencies in advance of the activity by sending them a completed copy of Duke Energy's Excavation Permit Application Form and other required information. I/we understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before Uwe submit the final application to Duke Energy. At FERC-licensed reservoirs, I/we understand that except for maintenance excavations, any excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline stabilization work needed to support an application that requires FERC review does itself require specific review and approval by the FERC before Duke Energy can issue any approvals. 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. I/we understand that applicants in South Carolina proposing excavations that are not covered under the General Permit, or are greater than 150 cubic yards, must receive prior written authorization from the South Carolina Department of Health and Environmental Control (SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed application to Duke Energy. 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. I/we understand that trees and vegetation growing within or adjoining the lake play an important role in its overall environmental condition, and the ecological benefit the vegetation has on fish and wildlife habitat directly supports a sound and healthy lake environment. 1/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. 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. 1/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. 1/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. I/we agree that any excavation from within the Project Boundary will not exceed the volume as outlined in the application and will remove and disturb only what is absolutely necessary to achieve the project's stated purpose. I/we agree to be fully responsible for the permitted lake use and 1/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. I/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. I/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 Energy Page 3 Rev: 4/6/2020 Ifwe agree to develop any required mitigation plans and to complete any required mitigation activities at mylour 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. Uwe allee to notify.Duke Energy by 12hone when the excavation is initiated and to ensure that during the excavation period 1/we will post Duke Enemy's approval letter in a clear waterproof bag at the fob site and visible from the water's edge. Uwe agree to notify Duke Energy in writing when the excavation is completed (including any required mitigation measures) and that the excavation was completed per the approved application, so a close-out inspection can be performed. Ave recognize security deposits will not be refunded if any violations of the SMP, other applicable guidelines, or this user's agreement occur. Ave understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. .Uwe agree to maintain the work area in a safe condition and to fully indemnify and save Dube Energy harmless from any and all claims, liability, loss or damage that may arise from this excavation project. 1/we understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that mylourp 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, SE 5CyC A p ctl ct ant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Nance (Print) Co -Applicant's Name (Print) A Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature DvkeEnefgy Page 4 Rev: 410020 BK 2520 PG 939 - 940 (2) This document presented and filed. 05/26/2015 10:43:07 AM DEED Fee $26 I00I Transfer Tax: $300.00 533704 III lilt I{I�III � II I III Lincoln County North Carolina Danny R. Hester, Register of Deeds Excise Tax $ 300.00 Recording Time, Book and Page Parcel Identifier No. 76022 Verified by Lincoln County on the day of Mail after recording to Grantee at mailing address shown below This instrument was prepared by Gerard W. McNaught, LLC, 19721 Bethel Church Rd., Ste. 101-A, Cornelius, NC 28031 Brief description for the Index Title Insurance Company LKN Title, LLC Lot 59, Smithstone NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this theQ2� day of GRANTOR Rebecca Ann Smith Hensley and husband Donald W. Hensley and Elizabeth Claire Smith Gibson and husband, Ronald D. Gibson 8055 Pine Lake Rd Denver, NC 28037 All or a portion of the property conveyed _ includes or _XX_ does not include the primary residence of the grantor(s) GRANTEE Jay Seymoure and wife Michelle Ferro Seymoure Mailing Address: 2406 Smith Harbour Drive Denver, NC 28037-8088 Property Address: Lot 59 Smith Harbour Dr. Denver, NC 28037 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., 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 township of City of Denver Lincoln County, North Carolina and more particularly described as follows: BEING all of Lot 59, Smithstone Subdivision as shown on plat titled, "Exempt Plat Recombination of Smithstone Lot #59" prepared by Freeman Surveying on March 2, 2007, and recorded in Plat Book 15, Page 25, Lincoln County Register of Deeds. N.C. Bar Assoc. Form No, 3 8 1976, Revised 8 1977 The property hereinabove described was acquired by Grantor by instrument recorded in Book 2473 , Page 36 A map showing the above described property is recorded in Plat Book 15 , Page 25 . 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 Grantorwill warrantand 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 the 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. (SEAL) Rebecca Ann Smith Hensley b (SEAL) Donald W. Hensley — 4 (SEAL) E1174beth Claire Smith Gibson '26��J i) .. (SEAL) Ronald Zbibson v SEAL -STAMP NORTH CAROLINA, Mecklenburg County. I, the undersigned, a Notary Public of the County and State aforesaid, certify that Rebecca Ann Smith Hensley and Donald W. Hensley and Elizabeth Claire Smith Gibson and R p_ IT i G&�11, �i _ ay tti D. Gibson, the far going.ipstrumentl Wit ' Witness my hand and official stamp or seal, this the �® ®ilk 0 TA R y My co mission expir s: PUBLIC gem Notary Public o�/ j // S C®U� gee The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duty registered at the date and time and in the Book and Page shown on the first page hereof _ REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant - Register of Deeds N.C. Bar Assoc. Form No. 3 8 1976, Revised 8 1977 DREDGE SPOOL 05POSAL FOPM TIn Le Mi a ki Addeo a parcel&- PaTGgj/j(YC ftpased area reqW"% (sq ft and/or *erease) 16g Acknowigdgernent of iVatificaden I, FE--\, r-', awar e that the site must adhere to all state regulations UPIY-C� r and rules reprding sedift(ent and ero5lon control -end water quality. And give permission for Name of Individedl and to dispose of their dredge material at the above stated location Owner, �-NLflyc±±e_ Print Date: Along with form, please provide - Aerial of parr-eillot (CountV GIS) Photo of proposed spoil site Identified proposed spoil site I IS" Ireueu Lounry, Ivorrn c:arowna November 8, 2022 Tax PJIap Infolmatlon •PIN 4667296642.000 • Address 638 OAKRIDGE FARM HWY - • Account# Acct77435930- • Tax Owner BRIDGES PROPERTIES LLC • Mailing Address 638 OAKRIDGE FARM HWY • MOORESVILLE, NC 28115 MAP FOR REFERENCE ONLY • GIS Owner BRIDGES PROPERTIES LLC NOT A LEGAL DOCUMENT • Deed Info 1602 / 1912 - WD - 20041123 • Tax Acres 6.49 AC Iredell County, North Carolina makes no claims and no • Lot # warranties, expressed or implied, concerning the validity or • Description PT 6 BRAWLEY NC150 accuracy of the GIS data presented on this map, • Zoning HLI • Old Parcel 4# 0301M0000OA016 • Bldg Value $406,440 • OBXF Value $27.950 • Land Value $451,700 • Total Value $886,090 • Defer Value $0 • Tax Districts MOORESVILLE--MV SCH - i t r 1 -234 03089671010602 ft Print map scale is approximate. Critical layout or measurement activities should not be done using this resource. Iredell County, North Carolina November 8, 2022 75 . V,S �� 8 1h ti f0 a 131 ,. 696 ., "rod 109 207 m 1a1 .��.9 ■ !a 680 ti 9A 130 2 - o 3yy 96 N 3t5 13 1 ? 120 p lga-IQO TO 69 105 "h $ �31� 12 tiry 1'(9..-_...-MI5 3 22 106. 85 `b ti 101 �� - Zg3 ryy'�'ryryti M1ry �dp 4 31I c��dwjn Crr ^y O „4^ 338 ?97.... 14 3 ■ -- -- - - - 640 a ©� 2 ■ 638 c Casco 6a , vb Z fi 8'£ 0 try y Q 0 � h - o — 2'' 0 fii4 - I f^l rv,-N A umn ' �s sss 1" = 234.03027959138652 ft Tax Map Information Print map scale is approximate. •PIN 00 Critical layout or measurement Y 638O KRID E • Address 638 OAKRIDGE FARM HWY •Account# Acct77435930 activities should not be done using -Tax Owner BRIDGES PROPERTIES LLC - this resource. • Mailing Address 638 OAKRIDGE FARM HWY • MOORESVILLE, NC 28115 MAP FOR REFERENCE ONLY • GIS Owner BRIDGES PROPERTIES LLC NOT A LEGAL DOCUMENT • Deed Info 1602 / 1912 - WD - 20041123 • Tax Acres 6.49 AC Iredell County, North Carolina makes no claims and no • Lot # warranties, expressed or implied, concerning the validity or • Description PT 5 BRAWLEY NC150 accuracy of the GIS data presented on this map. • Zoning HLI • Old Parcel # 0301MOD000A015 • Bldg Value $406,440 • OBXF Value $27,950 • Land Value $451,700 • Total Value $886,090 • Defer Value $0 • Tax Districts MOORESVILLE--MV SCH - STATE OF NORTH CAROLINA IREDELL COUNTY I certify that this mop was drawn from an actual survey mode under my supervision The unadjusted ratio of precision as calculated is V: 10,000t Boundaries not surveyed, if any, are noted. Deed descriptions are recorded in Book. as Page shown .Witness my hand and seal this 41h day of JUNE 12019. \WWt111I1111 /1j/j CAR ' _ = SEA - _ L-3703 I Professional Lund Surveyor L-3703 NOTES: • ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE NOTED. s AREA BY COORDINATE COMPUTATION. • PROPERTY SUBJECT TO ANY VALID & ENFORCEABLE EASEMENTS, RESTRICTIONS & RIGHTS OF WAY OF RECORD. • SURVEY IS BASED ON PHYSICAL EVIDENCE AND EXISTING MONUMENT FOUND DURING THE SURVEY. • PROPERTY CORNER PIPE SIZES AS SHOWN ARE NOMINAL INSIDE DIAMETER, DISTANCE 60.30 LEGEND 1 L6 1 N78'3O'12"W 170.16 LINES SURVEYED I L7 I S54'19'38"E 82.82 LINES NOT SURVEYED------ TIE LINES ---------- OVHD DISTRIBUTION LINE — — PIN 46fi8-30-1353 �./�� (OVERHEAD) OAMUDGE STORAGE, LLC-- j' R/W LIMITS ------- D.B. 2521 PG. 2033 -0, TRANSMISSION 0 NO MONUMENTAnON J J POWER POLE UNLESS OTHERWISE 4 CENTERUNE NOTED J / Q PROPERTY LINE (F) DENOTES "FOUND" PIN 4668-20-8185 (S) DENOTES "SET' BRIDGES PROPERTIES, LLC NTS DENOTES 'NOT TO SCALE" D.B. 1602 PG. 1912 / CONCRETE LOT #1—RB. 36 PG. 150 / /^ J MONUMENT (F) / J N 579940.48 FT / J E 1462951.44 FT NAD 83(2011) N 04t$J� PIN 4667-29-6642 a / o BRIDGES 3 PROPERTIES, LLC 1 s, m D.B. 1602 PG. 1912 ti v o PIN 4667-39-0000 raomz / ARGOS USA LLC STAGING AREA D.B. 2016 PG. 4981(CD) / / 0.227 ACRE J DUKE ENERGY TRANSMISSION LINE `33 _ LINE ONLY) P ` SdflSS= L/N£ �¢ NAIL (F) AT BENT `~ P W N4REBAR 679337.7) 7FT BENT 4 S783 ' P-3 E 1462830.56 FT /RESAR�(F) ' —�`' E / NAD 83(2011) 571.73' — I L----- - iRANSM1SSl-L1N� M GRAPHIC SCALE PIN 4667-29-5304 _ PCMFORLESS HOLDINGS, LLC 0 75 5o D.B. 2180 PG. 1029 LOT $2—P.B. 26 PG. 73 LNS FILE NO.: S19051 DWG NO.: S1905i SURVEYED BY: N.D. WHITLI ( IN FEET) (DRAWN BY: N.D. WHITLI 1 inch = 160 ft. CHECKED BY: J.R. HOBE TAX ID: 4667 29-6642 ZIVS-—) FOR SOURCE OF TITLE REFER TO D.BK, 1602 PG. 1912 PROPERTY OWNED BY BRIDGES PROPERTIES, LLC SURVEY AND MAP PREPARED BY. SURVEY SHOWING LOCATION OF TAKE NORMAN SURVEYING STAGING AREA & MAPPING PUC #P-0190 CODDLE CREEK TOWNSHIP IREDELL COUNTY, N.C. 137 Jennings Road, Suite C Statesville, North Carolina 28625 SCALE: 1" = 150' DATE OF SURVEY: JUNE 3, 3019 1 (704) 876-4450 Fax (704) 876-4451 BOOK: NA DATE OF MAPPING: JUNE 3, 2019 a 4W Excise Tax $654.00 {IIN�INIIII�{III II�N�II�INNNINNII�INN� Doc ID: 008889980003 Tvoe: CRP Recorded: 11/23/2004 at 01:28:00 PH Fee Amt: $674.00 Page 1 of 3 Excise Tax: $854.00 Iredell County. No Brenda D. Bell Reolster of Deeds RK 1602 PG 1912-1914 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 CAR.OLINA GENERAL WARRANTY DEED THIS DEED made this 22nd.... day of November 2004, by and between GRANTOR GRANTEE Donald Ray Snyder and wife, Victoria A. Snyder, a/k/a Vicotira A, Snyder Bridges Properties, LLC 628 Oak Ridge Farm Hwy Mooresville, NC 28115 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 hereinabove 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) ........ .... ..................... AL) z Donald Ray Snyd --y-- t ..................................... President Attest- v Victoria A. Snyder a m ... (SEAL) .... Secretary .......................................................................... (SEAL) NORTH CAROLINA -_ COUNT . I, a Notary PubIie ofthe County and State aforesaid, certify th Snyder and Victoria A. 80e d° a Snyder, Grantor, personally appeared before m s ;�tid acknowledged e executi n of the ° foregoing instrument. Witness my hand and o ial s mp o . eal this 22nd. ay o vember 004. -moo 4bu�8� n"Ci z My Commission Expires: ... ft................Nota fic COUt�� � Notary (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 be/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 seatthis ._-------_------ day of ..................................... 2004. MyCommission Expires: ................................ ............................................ - ----......... Notary Public The foregoing Certificate(s) of ........ is/are certified to be correct, This instrument and this certificate are duty , gistered at th V.d time and in the Book and Page s he first a her € i................... ....... ster Deeds for ................ unty ............... .. ... Deputy/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 I50 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 2,458.39 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 49.90 ft, to an existing 94 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 8. 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 al (see Deed Book 601, Page 538, Iredell County Registry) South 42- 3I-26 West 221,12 ft. to an existing concrete monument; thence another now line of Caffey, et al South 15-00-41 West 614.81 fl. to an existing 92 rebar; thence with the northern line of Lot 2, Scott D. Burton Property (see PIat Book 26, Page 73, Iredell County Registry) North 74-59-17 West 572.00 ft. to an existing 42 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. 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 firll and complete description of said lot by metes and bounds. I