20230470 Ver 1_Sketch_20230330

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 DatInitials %�jT
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By * :
Date Completion Required
Date Passed Closeout Inspection*
(Print)
Date of Any Approved Extension
Initials
Initials
Date
(Sign)
Initials
Any Stop Work Orders or SMG Violations*? (check one) ❑Yes ❑No (If Yes, explain in PART V)
Date Deposit Refunded Initials Date Permit Database Updated Initials
* Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant
with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work
Orders with application.
Part I. Applicant Information (Please Print)
Name Jon Grigorian, Lakeshore Development Co. Telephone [phone]
Email address: [e-mail]
Lake Address Mailing Address (if different)
1150 Whispering Winds Dr. 256 Raceway Dr. Suite 12
Catawba. NC 28609 Mooresville, NC 28117
Contractor Company CBC Stone & Recycling, LLC
Contractor Contact Person Janice Estep Telephone [phone]
Contractor Email Address: infoacbcstoneandrecycling.com
LAKE LOT INFORMATION
Lake Norman County Catawba City Catawba State hn Tax Map No.
Subdivision N/A Lot / Section No. 471003444427 Lot Size 3.40Acres
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 dNo (If yes,
include name and mailing address below.
Name:
Tax ID:
Mailing Address:
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
Excavation Program rev 11/22/21

Duke Enemy Excavation Permit Application Form
Part II. Description of Project
A. Basic Information
1. Type of excavation: (check one) ❑ New excavation 121 Maintenance excavation
2. Purpose of excavation: (check one) la Boat Access Channel
❑ Water Intake Channel ❑ Wastewater Discharge Channel
❑ Other (spec):
3. Lake user category: (check one) ®Private ❑Residential Marina
❑Commercial Marina ❑Public
❑Other (spec):
4. Max. Excavation Area Dimensions (ft): Length 50' Width 54' Depth 6'
(Note: include additional area dimensions if necessary so response to 95 below equals max. area
dimensions in #4) 100' x 24' x 6' "v" channel
5. Volume of Excavated Material (TOTAL for the project): 1133.33 Cubic yards
6. Type of material removed (applicant determines by field sample if practical):
Dirt/Silt
7. Excavation Site area: 0.701 Acre (s) Disposal Site area: 3.47 and 9.26 Acre
(s)
8. Total Disturbed Area (including equipment staging area): 0.712 Acre (s)
9. Does the project meet the requirements of the applicable General Permit? (check one)
[ZYes ONO
10. Do you claim title to the disposal area? (check one) 0Yes ONO
11. Do you claim title to the equipment staging area? (check one) 1ZYes ONO
12. Are there any water -treatment facilities within 50 feet of the proposed excavation area?
(check one) ❑Yes 17NO
(If Yes, spec):
13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached
erosion control plan and disposal area design):
Dredge by barge. haul material out by land. Neighbors at 994 Astoria Parkway and 1108 Whsipedng Winds Dr. are also having dredging done and
all spoils are to be removed at 1150 Whispering Winds Dr. with permission from owner. Half of dredge spoils for all 3 projects are to be left onsite at
1150 Whipering Winds Dr. and the other half at 1147 Whsipering Winds Dr. with permsiison from owner. Disposal site is away from lake to prevent any
run off from occuring.
Duke Energy Page 6 of 13 rev t 1/22/21
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 ONo
(If yes, explain)
By barge
16. Will return water re-enter the reservoir? (Check one) ❑Yes ONo ON/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 ONo
(If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed
facility). Permit # 10863
18. Total planned duration of the work (Include first equipment mobilization, excavation
through final mitigation measures complete):
START 7 / 9"1 FINISH 7 / 23
(Month) (Year) (Month) (Year)
Duke Energy Page 7 of 13 rev 11/22/21
Excavation Program

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Duke Energy Excavation Permit Application Form
C. Applicant's Signatures
Comments: y-eo 3k 6o fs
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Applicant Name (print)
Applxe 1 r Date v� —) 2 _ -23
Co -Applicant Name (print)
Co -Applicant Signature*
Co -Applicant Name (print)
Co -Applicant Signature*
Co -Applicant Name (print)
Co -Applicant Signature*
Co -Applicant Name (print)
Co -Applicant Signature*
Date
Date
Date
Date
*Per my signature, the information provided in this application is correct to the best of my
knowledge.
Duke Energy Page 10 of 13 rev 11/22/2021
Excavation Program

Excavation Project User's Agreement Letter
(Please fill in the blanks. Please Print)
Date 2/12/23
TO: Duke Energy
c/o Lake Services - EC 12Q
526 S. Church Street
Charlotte, NC 28202
RE: Excavation For (Subdivision and Lot #'s or Other Project Name)
PID# 471003444427
(Lake/County/City) Norman / Catawba / Catawba
(Applicant's full name) Jon Grigorian, Lakeshore Development co. 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, I/we 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 I/we obtain approval for a single, time extension (maximum of one year)
in writing from Duke Energy. 1/we understand that if the SNIP 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. 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 SNIP or other applicable guidelines and the new application must include any applicable
fees and security deposits.
I/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project
Boundary where the excavation activity is to take place, or if not the owner or lease holder, I/we
have included proof of title to the property and written authorization from the owner(s) or lease
holder(s) to carry out the proposal within the Project Boundary adjacent to their land.
I/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment
staging and disposal of excavated material or if not the owner or lease holder, I/we have included
proof of title to the property and written authorization from the owner(s) or lease holder(s) to
carry out the work on their land.
Duke Energy Page 1 Revs 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 I/we submit the final application to Duke
Energy.
At FERC-licensed reservoirs, 1/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.
Uwe 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. 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.
1/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.
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.
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.
1/we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are
discovered during the excavation, work shall be halted immediately. I/we will then notify Duke
Energy and the State Historic Preservation Office to determine what measures, if any, I/we must
pursue to protect or salvage the archaeological resources.
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

I/we agree to develop any required mitigation plans and to complete any required mitigation
activities at my/our own expense within the specified time frames. 1/we recognize that the
excavation work is not considered complete and deposits will not be refunded until the
mitigation requirements (if any) have been satisfactorily fulfilled.
1/we agree to notify Duke Energy by phone when the excavation is initiated and to ensure that
during the excavation period, I/we will post Duke 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.
1/we agree to maintain the work area in a safe condition and to fully indemnify and save Duke
Energy harmless from any and all claims, liability, loss or damage that may arise from this
excavation project.
I/we understand that this user's agreement does not, in any way, constitute the transfer of any
rights in real property and that my/our use and enjoyment of FERC project and Duke Energy
lands and waters shall not hinder the general public's lawful use and enjoyment of the same.
Sincerely,
Applicant's Name (Print)
Co -Applicant's Name (Print)
Co -Applicant's Name (Print)
Co -Applicant's Name (Print)
Co -Applicant's Name (Print)
Applicant's Si stare
Co -Applicant's Signature
Co -Applicant's Signature
Co -Applicant's Signature
Co -Applicant's Signature
Duke Energy Page 4 Rer 4/6/2020

3726-1546
FILED ELECTRONICALLY
CATAWBA, COUNTY NC
DONNA HICKS SPENCER
GENERAL. WARRANTY DEED
Excise Tax: $1200.00
Tax Parcel ID No.: 471003444427 471003442213 471000349448
Verified by: Catawba County
on the day of , 20 By:
FILED Feb 25, 2022
AT 02:56:00 PM
BOOK 03726
START PAGE 1546
END PAGE 1548
INSTRUMENT # 04448
EXCISE TAX $1,200.00
This instrument was prepared by and mail to: Kevin C. Donaldson Jones Childers Donaldson & Webb. PLLC PO
Pox 3010 149 Welton Way Mooresville NC 28117
Title Go: LM Title
Brief description for the Index: 3 tracts
THIS DEED, made this the 25th day of February, 2022, by and between
GRANTOR: Short Properties, LLC, a Kentucky limited liability company
whose mailing address is 301 West St. Naples. FL 34108-2911
(herein referred to collectively as Grantor) and
GRANTEE; Lakeshore Develogment Company, a Borth Carolling corporation
whose mailing address is 256 Raceway Drive, #12, Mooresville. NC 28117
(herein referred to collectively as Grantee) and
WI TNESSETH:
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
Catawba, County of Catawba, State of North Carolina, more particularly described as follows:
See attached Exhibit "A"
Said property having been previously conveyed to Grantor by instrument(s) recorded in Book 3164, Page 1754.
All or a portion of the property herein conveyed does not include the primary residence of a Grantor.
submitted electronically by "Jones, 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.

3726-1547
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.
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.
Short Prooerties. LLC. a Kentucky limited liability comoan
13y:
Drexel Short em er Mina er
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:
Drexel Short, Member Manager of Short Properties, LLC, a Kentucky limited
liability company.
Date.
L as Trindstaff Notary Publig'
Notary's Printed or Typed N e
My Commission Expires:
04/20/24
(Official/Notarial Seal)
Revised December 17, 2009

3726-1643
Exhibit "A"
TRACT 1: (Tax Parcel ##471003349448)
BEGINNING at 11 #4 rebar found in the Northern margin of the right of way extending from Monbo Road at a
common corner with Larry W. Spicer (Book 1682, Page 16) and Thomas White, III (Book 2546, Page 1998);
and running thence with the line of White as follows: (1) South 58-04-18 West 20.27 feet to a'/" pipe and (2)
South 89 54-11 West 593.23 feet to a #4 rebar set in the line of Deborah R. White (Book 1868, Page 731);
thence with the line of White as follows: (1) North 20-33-00 West 63.00 feet to a 1/$' pipe and (2) North 01-01-
00 West 441.80 feet to a point in the center of creek; thence along the center of the creek as follows: (1) North
63-37-47 East 28.83 feet; (2) South 45-32-20 East. 29.95 feet; (3) South 68-37-42 East 109.45 feet; (4) North
40-25-14 East 42.59 feet; (5) North 38-07-14 East 16.12 feet; (6) North 47-45-00 East 187.00 feet; (7) North
34-47-51 East 12.99 feet; (8) North 63-19-57 East 15.92 feet; (9) South 33-23-42 East 52.88 feet; (10) North
52-20-53 East 68.64 feet; (11) North 88-52-25 East 38.56 feet; (12) South 75-19-42 East 28.51 feet; (13)
South 68-35-43 East 53.93 feet; (14) South 57-38-55 East 41.09 feet; (15) North 78-25-17 East 35.96 feet;
(16) North 10-25-01 East 72.99 feet; (17) South 75-48-49 East 37.40 feet; (18) South 66'48'41 East 72.57 feet;
(19) North 34-07-12 East 34.95 feet; (20) North 07-35-49 East 22.69 feet; and (21) South 49-51-57 East 33.67
feet to a #4 rebar in the line of Astoria Homeowners Association, inc. (Book 2450, Page 732) and Larry W.
Spicer as follows: (1) South 27-40-52 West 19.24 feet to a #4 rebar; (2) South 19-59-52 West 105.00 feet to a
##4 rebar; (3) South 03-53-22 West 184.67 feet to a #4 rebar; (4) South 23-59-02 West 106.86 feet to a #4
rebar; (5) South 03-21-52 West 184.84 feet to a #4 rebar and South 24-03-11 West 74.56 feet to the Point and
Place of Beginning, the same containing 9.26 acres. more or less, all in accordance with that certain survey
dated February 13, 2006, prepared by William M. Allen, Professional Land Surveyor.
TRACT 2: (Tax Parcel #471003442213)
BEGINNING at a nail found in the common line of Randy Marshall Ruggles (Deed Book 1677, Page 655) said
beginning point being a common corner of Grantee, (Jon Grigorian Deed Book 2757, Page 1135) and Grantor;
thence from said Beginning point with the line of Ruggles South 73-08-06 West 60.00 feet to a #4 rebar
located in a 16 foot easement known as "The Avenue"; thence North 24-07-34 East 60.00 feet to a point,
another common corner with Grigorian; thence with the line of Grigorian South 41-22-10 East 49.77 feet to the
Point and Place of Beginning, all according to a certain survey prepared by Donald Ray Allen, RLS dated May
9, 1989.
TRACT 3: (Tax Parcel #471003444427)
BEGINNING at a nail found in the line of Randy Marshall Ruggles (Deed Book 1677, Page 655) at a common
corner with James Turner (Deed Book 1075, Page 107) said point being located North 73-03-43 East 59.55
feet from an old iron located in the center line of a 16 foot easement (Deed Book 1075, Page 107) and running
thence from said point of beginning with the line of Turner North 41-18-09 West 49.45 feet to a point in the
center line of existing gravel road; thence North 24-03-11 East 14.88 feet to an old iron; thence North 03- 21-
52 East 184.84 feet to an old iron; thence North 23-59-02 East 106.86 feet to an old iron; thence North 03-53-
22 East 184.67 feet to an old iron; thence North 19-59-02 East 105.00 feet to a point; thence North 27-40-52
East 19.24 feet to a #4 rebar found in the line of Astoria Homeowners Association, Inc. (Deed Book 2450,
Page 732) and running thence with the line of Astoria Homeowners Association, Inc. as follows: (1) South 00-
02-11 East 44.02 feet to a point; (2) South 38-45-02 East 160.77 feet to a point; (3) South 23-02-02 East 71.00
feet to a point located on the 760 contour line of Lake Norman; thence with the 760 contour line of Lake
Norman, South 77-18-02 East 32.60 feet to a point; thence South 69-12-02 97.40 feet to a point; thence South
33-35-02 East 119.90 feet to a point: thence South 17-30-02 East 62.00 feet to a point; thence South 18-23-45
West 80.93 feet to a point located at a common corner of the Ruggles, thence running with the line of Ruggles,
South 73-03-43 West 413.75 feet to the Point of BEGINNING, containing 3.51 acres more or less, all
according to a survey prepared by William M. Allen, Professional Land Surveyor, dated April 25, 2006,
reference to which is made for more certainty of description.
Revised December 17, 2009