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HomeMy WebLinkAbout20230575 Ver 1_Site Plan_20230425b. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation C. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation d. Location of any proposed structures such as buildings, retaining walls, docks, etc. e. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation a Lake $-IV --f' ) cr {At Fu1) Pond/ Normal Water Level)AQ � •1J ��'' d g �b Full Pond/ Normal Water Level ��t�t1_�1r1�� Shoreline Plan View Lake (At W II Pond/ Normal we Le O Existing Dock /3Q ft0 fs E W091Ff#ram F�rr �- r��r�■rTi�.�r�T Tr�w Prrr� rrrr'sr ■�� rr�rr E AMP E Plan View D�— E North Carolina Department of Environmental Quality j Division of Water Resources Z:f:!f512 North Sah.5h uy Streel 1 1617 Mail Service Center I Ralei& North Carolina 27699-1617 �rir::re cut �'+ 141wl r� 1 .ft N" 919.707,9000 v v Lake tw W (At Full Pond/ Normal Water Level) m m .� E L_ Z C Side View U_ 3 ft- below full pond water level 4 ft, above full pond water level 2 ft• additional clearing of necessary Existing bank 1. 10 ft. bank a height 4 Side of FORM: SSGP 02-2017 Page 2 of 2 III Project Numetaddress: r *' G County: ®water: Print Contractor/agent: Print The approval is for the purpose and design described In your application. Impacts not indicated in the application Is a violation of the Buffer Rule. Site specific work should be provided in the application. [15A NCAC 02H .0506 and 15A NCAC 028.0243(B]l Trees are not allowed to be removed from Zone 1 of the Buffer (within 30 ft of the full pond elevation), unless approved, Exception, those trees that are severely undermined along the immediate shoreline can be removed. Minimal shaping and sloping along the Immediate shoreline is allowed, [15A NCAC 02B .0243(6)] Benching and grading in the buffer is not allowed, Excessive disturbance of ground cover. [1SA NCAC 020 .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 he conducted from land must indicate an access and indicate any trees that are to be removed. The work corridor should be described. The approved access corridor shall be restored. Staging, spoil, construction material must be outside the buffer. [15A NCAC 02H ,0502 and 15A NCAC 02B .0243 (4), (6), (8)] Storanwater 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 0213.0243(5), (6)] Acknomdedgement of Noty7cation €' .-I-Y, e- hereby state that I have been informed of the Catawba Rlparian Buffer Rule. Any work conducted In the buffer, not specifically stated in the application and approved by the Division of Water Resources (DWR), is a violation and subject to enforcement. Due diligence will be taken such that the construction will be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plan(s) and specification(s),and other supporting materials. Signature (owner): Date: ` r 3 1 - Z DREDGE SPOIL DISPOSAL FORM Project Name/address: 4 er b5�-�Sr3Z ►7�L Mev►�ie�bwr r NC county: edet l C�,o ec}} 3J L�;I] Location Address: ' � �..t'.ti -� v` Parcel Parcel lot size Disposal area required (sq ft and/or acreage) Acknowf d e eat a orifiGat►an and rules regardin sedim #and erosion control anam d aware that the site must adhere to all state regulations L � V- 9 l ty, And give permission for Dame of Individual and Company �- to dispose oftheir-dredge materiaf at the above stated location ft Owner: `] � f rl Date: Sig ure Along with form, please provide; Aerial of Parcel/lot (County G15) Photo of proposed spoil site Identified proposed spoil site 7 i0 Duke Energy Lake Services Guidance for Completing an Excavation Permit Application Note: If you are proposing excavation in association with the permitting of a new or expanded facility under the Marina or Conveyance Programs, you do not need to complete this application. Instead, you should incorporate the excavation request into the permit application for the marina/conveyance using the appropriate application. Step 1: Contact Duke Energy Lake Services Complete "Part I" of the application and develop a drawing of the proposed excavation area. Contact Duke Energy Lake Services to schedule a site visit. Lake Services will conduct a site visit to determine if Duke Energy will accept an excavation permit application for the proposed work. If the Lake Services representative determines the application process may proceed, he/she will initial Part I of the application. Step 2: Draft Application Development Complete Parts II-III.A-G and Part V of the Excavation Permit Application. Step 3: Agency Consultation Send the draft application developed during Step 2 to the agencies for review and comment on the proposed activity. Refer to the Agency / Organization List available from Duke Energy to determine which federal, state, regional, and local agencies and organizations require consultation or review. Note: Duke Energy reserves the right to require consultation with additional organizations beyond those included in the Agency / Organization List. Each agency / organization must be provided at least 30 days prior notification. Evidence must be provided (e.g., response letter or Certified Mail receipt) in the complete application to show each agency / organization was given the opportunity to review the proposal. Consultation letters must be dated within the two years preceding Duke Energy's receipt of the application. All permits must be valid at time of application and have a term longer than the projected schedule for completing the permitted project. What to -Ex ect During Agena Review and Comment: ■ You will typically receive a letter from each agency / organization either documenting its concurrence with your proposal, requiring additional information, recommending modifications, or offering no comment. You must address each agency's / organization's comments with a follow-up letter and in your final application as described in part IV. If you do not receive any documentation from an agency / organization within 30 days of its receipt of your proposal, you must provide the agency / organization with a follow-up letter requesting comment on your proposal within 15 days from the date of the follow-up letter. If you still do not receive any response as a result of the second letter, type "NO RESPONSE' Duke Energy Page 1 of 13 rev i 1/2Mi Excavation Progmni at the top of the follow-up letter and include it in the application along with proof of the agency's 1 organization's receipt of the letter (e.g., Certified Mail receipt). You may proceed with the application process recognizing, however, that if its comments come later in the application process, you will be required to address them. From the United States Army Corps of Engineers (Corps): (** Note —'Me Corps may have additional forms to submit for your proposal and an additional fee.) If the excavation can be done under the requirements of the General Permit (GP) or a Nationwide Permit (NWP), you will typically receive a copy of the Corps' tear sheet documenting authorization and providing any additional instructions. If the excavation isn't covered under the GP or a NWP, you'll be required to obtain an individual 404 Dredge and Fill permit from the Corps. You must receive written documentation from the Corps that your application either (1) meets the requirements of the GP or a NWP or (2) the proper 404 Dredge and Fill permit has been received before Duke Energy can process your application. From the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources: (7ote NCDEQ may have additional farms to submitfor your proposal and an additional fee) If the proposal meets the requirements of the Clean Water Act Sect. 401 Water Quality Certification, you will typically receive a letter from the NCDEQ Division of Water Resources documenting Sect. 401 Certification and providing any additional instructions. You may also receive a letter requiring additional information or recommending modifications. You must receive written documentation from NCDEQ noting any required Sect. 401 Certification has been received before Duke Energy can process your application. From the North Carolina Wildlife Resources Commission (NCWRC); If you do not receive any documentation from the NCWRC within 30 days of their receipt of your application, you may proceed with the application process without submitting a follow-up request, recognizing however if comments come in later in the application process, you will be required to address them. From the South Carolina Department of Health and Environmental Control (SCDHEC): (Note — SCDHEC may have additional farms to submit far your proposal and an additional fee) The SCDHEC conducts a joint application process with the USACDE in S.C. If the proposal meets any applicable requirements of the Clean Water Act Sect. 401 Water Quality Certification, you will typically receive a letter from SCDHEC documenting Sect. 401 Certification and providing any additional instructions. You may also receive a letter from USAGE requiring additional information for the agencies participating in the joint application process. You must receive written documentation from SCDHEC noting Sect. 401 Certification has been received if required before Duke Energy can process your application. • From the South Carolina Institute of Archaeology and Anthropology (SCIAA): The applicant must wait 30 days after receiving the signed postal returned receipt. If a response from SCIAA has not been received by this time you may proceed with the application process without submitting a follow-up request, recognizing however if comments come in later in the application review process, you will also be required to address them. Duke Energy Page 2 of 13 rev F 1r22121 Excavation Program Step 4: Final Application & Submittal to Duke Energy Following the consultation process, finalize the application. The final application submitted to Duke Energy should incorporate all comments and recommendations provided by agencies and organizations during the agency consultation process as well as copies of all permits received. In addition to the final application include the following: • One check payable to Duke Energy for the application fee and security deposit • If applicable, a separate check payable to the appropriate Habitat Enhancement Program fund • Signed Excavation Program Applicant's Agreement Note: Co -applicants must also submit the application fees and applicable HEP fees with the application. Duke Energy Page 3 of 13 rev 1IM/21 Excavation Program Duke Enerav 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 L A-k �nitials_ Date Final Protection/Avoidance Area Markings Field - Verified Approved to Start Work By * Date Completion Required Date Passed Closeout Inspection's (Print) Date of Any Approved Extension Initials Initials Date Initials Any Stop Work orders or SMG Violations:`? (checkane) ❑Yes DNo (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_�� tl 4-1 e.r b S� Telephone�j r �9 Email address: Lake Address Mailing Address (if di,,�erent) Contractor CompanyYl Contractor Contact Person Y Telephone s �r-\A - %12 Q-i111 [Q Contractor Email Address: A n n n Q . IQ-- c(,t_s�e r I"7 oark'l , C O O/� LAKE LOT INFORMATION ��}} Lake Yvounty � bLttCbty state NC Tax Map No. QQLQ5� [o SubdivisioLot / Section No. Lot Size �J Acres Duke Energy Page 4 of 13 rev 11/2=1 Excavation Program Duke Ener2v Excavation Permit ADWication 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 fart I unless an alternative recipient is identified. Send the security deposit to an alternative recipient? (check one) ,Yes ❑No (If Yes, include name and mailing address below, Name: ukylca Pr DO C VIS Tax ID: tad . - ^ �G3 Malting Address: �4 Q'r T --�-v, out -man. KC ZE 1 Lo Lo Are there any Co -Applicants*? (check one) ❑Yes o (If Yes, include names, street addresses or dot numbers, pier numbers, phone num ers, 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�ite inspection has been conducted between a Duke Energy Labe 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 it l u zz Initials (Duke Energy) a (4 (applicant/contractor) Duke Energy Page 5 of 13 rev 11122/2) Excavation Program Duke Enerav Excavation Permit Application Form Part H. Description of Project A. Basic Information 1. Type of excavation: (check one) eNew excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) j2fBoat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel ❑ Other (specify): 3. Lake user category: (check one) )aPrivate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (spec); 4. Max. Excavation Area Dimensions (ft): Length YO Width /�g Depth (Note: include additional area dimensions if necessary so response to #S below equals Max. area dimensions in -94) 5. Volume of Excavated Material (TOTAL for the project). I d & _ Cubic yards 6. Type of material removed (applicant determines hy,ield sample ifpractical): Sin 1A CACA\1 7. Excavation Site area: .t pa Acre (s) Disposal Site area: . 069� Acre (s) 8. Total Disturbed Area (including equipment staging area): ■ �" Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) P"fes ❑No 10. Do you claim title to the disposal area? (check one) ❑Yes Mo 11. Do you claim title to the equipment staging area? (check one) ' Yes 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes Wlo (If Yes, sped): 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and di! osal area design): V'eldi @ mG4eriQ. 1N 1�_V, 10 V.Imc-11 eXCwjQ Y: ema�-erla1� n � pt er ryes. I-�aulwo.� by bay,. oj416Q oyrm(3LAp A-f W_Y. s Duke Energy Page 6 of 13 rev s 1T22J21 Excavation Program Duke Energy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: LOn Y e-(:kL11 exCC1LVCA-tOr-, 6VIOC } r eOLt.h e7'CccVc i-o rl 1par�e S aV'%� duv-nn lruc1-16 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) Ryes ONo (If yes, explain) AM dyed to ego, 7men$ IStr'Ln'>POY+ed y14 i� n �icehf w t+� `b {. rv1 L.C&+n CA S}�rT)oci� S C� ir1 ec►�ec� �D rce. t� . � Vie.+ o►n i-..� �� 0_ �' � 4!n,.. - --- 1 b. Will return water re-enter the reservoir? (Check one) OYes ONo ,01/A (If Yes, speck points) 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 Ir7.'No (If Yes, provide the existing permit number. 11Yo, include a scaled drawing of the proposed facility). Permit # See. A42cbed1) ivi�5. 18. Total planned duration of the work (Include first equipment mobilization, excavation through final miti ation measures complete): START (1 / C ALL FINISH 0 Z 1 �� (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 1112n I Excavation Program w CI N �y 4 O �O e yy I� 0 � ho 4 116 a q o e F� d 0 a e 4 Q O 3 °o� d C d� C ?_ t Z w, 07 c3 y a I Duke Enerev Excavation Permit Apolication Form C. Applicant's Signatures Comments; Applicant Name (print) 6 Applicant Signature* Date 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 11/2212021 Excavation Program Duke Ener= Excavation Permit ARWication Form Part M. Additional Information A. Deed and Survey Plat: A copy of the deed and registered survey plat or other instrument under which each applicant and co -applicant claims title to the affected property (the shoreline adjoining the excavation area, equipment staging area, area crossed by any spoil and return water lines, and the disposal area). If the applicant(s) is(are) not the owner(s) of said property, then forward a copy of the deed and registered survey plat or other instrument under which the owner(s) claim title plus written authorization from the owner(s) to carry out the project on their land. B. Excavation Area Drawing: An accurate drawing of the area to be excavated. The drawing must show at a minimum, a North arrow; the boundaries and acreage of the proposed excavation area and equipment staging areas; lake, county, city, cove, tributary, road and subdivision names and lot numbers (as applicable); property corners for project front lots; the full pond elevation contour and lines dividing the cove width into equal thirds (as applicable); approximate volume in cubic yards of the material to be excavated; point(s) of return water re-entry; the boundaries of any adjoining areas that are to be specifically avoided or protected during the work and the location (address) of the disposal area for the excavated material. [NOTE: A copy of this drawing must also be provided to the excavation contractor to ensure restricted areas are not impacted.] C. Disposal Area Drawing: An accurate drawing of the proposed design for the disposal area. The drawing must show at a minimum, a North arrow; the boundaries and acreage of the proposed disposal area; lake, county, city, cove, tributary, road and subdivision names and lot numbers (as applicable); the full pond elevation contour (unless disposal is well away from the lake); the boundaries of any adjoining areas that are to be specifically avoided or protected during the work; the location (address) of the excavation area from which the material came and a statement of the disposal area's capacity with all dimensions labeled that were used in the volume calculation. [NOTE: A copy of this drawing must also be provided to the excavation contractor to ensure restricted areas are not impacted.] Also note for projects larger than one (1) acre in North Carolina, including excavated, equipment staging, and disposal areas, you must submit an erosion control vlan. For projects larger than two (2) acres in South Carolina, including excavated, equipment staging and disposal areas, you must submit an erosion control plan. For projects < two (2) acres in South Carolina, you must submit a completed standard reporting form for construction sites disturbing two (2) acres or less to the South Carolina Dept. of Health and Environmental Control (SCDHEC) - Stormwater Management D. Vicinity Map and Driving Directions: A vicinity map and directions by road showing directions to both the excavation area and disposal area. Include the latitude and longitude of both the excavation area and the disposal area. Part N. Agency Reviews and Approvals Begin this section with a summary table of all agencies consulted and applicant response to agency comments as shown in the example table below. Agencies should be listed in the order Duke Energy Page 11 of 13 rev 11122)24D21 Excavation Program Duke Energy Excavation Permit Application Form shown in the Agency/Organization List. Consultation letters must be dated within the two years preceding Duke Energy's receipt of the application. Table TV-1. Sample Agency Comment and Resuouse Table Agency Comment Applicant Response Agency 1 The activity is approved as proposed. NA Agency 2 The on -site well provides drinking water to the Contacted Mr. Smith on 111120xx_ No public. Please contact Mr. Smith to discuss the further action needed. proposed changes and potential issues associated with your proposal. You must contact us immediately if Applicant will contact Agency 2 if endangered species are located during the endangered species are located during course of construction. construction Agency 3 Requested agency comments on 111120xx and NA again on 211120xx. No response as of 2116120xx. Agency 4 Section 401 Water Quality Certification Applicant will comply with the conditions of the 401 Water QukMty Certification Following the table of agency comments and applicant responses, include a table of permits and certifications issued by the reviewing agencies. As with the table of agency comments and applicant responses, agencies should be listed in the same order as they are listed in the Agency/Organization List. Table IV-2. Sample Agency Permits and Certifications Table Agency Permit/Certification Name Date of Date of Issuance Expiration Agency 1 Surface Water Withdrawal Permit Agency 2 Section 401 Water Quality Certification Following the two summary tables, include a copy of all correspondence to and from any local, regional, state and federal agencies or other organizations with which you are required to consult, including any required permits (e.g., Section 401 water quality certifications, Section 444 dredge/fill permits, building permits, etc.) or other approvals or comments which have been obtained from these organizations regarding this activity. Include a copy of any local, regional, state or federal regulations or guidelines that will be followed. All permitting issues must be resolved and clearly documented. Correspondence should be organized in the order the agencies are lasted on the Agency/Organization list with the applicant's request for comments followed by additional correspondence in chronological order. All permits must be valid at time of Duke Energy Page 12 of 13 rev i U2212021 Excavation Program Duke Energ-y_Excavation Permit Annlication Form application and have a term longer than the projected schedule for completing the permitted project. Part V. Additional Information Provide relevant additional information. Reference previous parts as applicable. Include the IrERC-required Environmental Assessment if you were directed to do so during the initial site visit. If there are co -applicants, this is where their information would be provided (see Part 1). Duke Energy Page 13 of 13 rev > > =021 Excavation Program For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2021 May 14 10:57 AM RE Excise Tax: $ 3500.00 Book: 36062 Page. 759 - 761 Fee: $ 26.00 Instrument Numher: 2021096058 �Mks LUJII-, NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 3,500.00 Parcel Identifier No. 001-052-16 Verified by County on the day of 120 By: Mail/Box to: GRANTEE This instrument was prepared by: ICIiVMERLIE. FOX, PLLC, 21031 Catawba Ave. Ste 104, Cornelius, NQ 2aQ I Brief description for the Index: LOT 16, POINTLARGO, 'PHIS DEED made this 13th day of _ May , 2021 , by and between GRANTOR HOWARD MONTEITH and spouse, VIOLET MONTEITH 4409 Stoney Point Court Belmont, NC 28012 GRANTEE TROY DEDERICK HERBSTand spouse, LAURAANN HERSST PO Box 97137 Las Vegas, NV 99193 Enter in appropriate block for each Grantor and Grantee: name, mailing 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, parcel of land or condominium unit situated in the Ciry of CORNELIUS I Township, MEMENBURG County, North Carolina and more particularly described as follows: (FX t4 t► ,t-T ���1 submitted electronically by "Kimberly E. Fox, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement: with the Mecklenburg County Register of ❑eeds. The property hereinabove described was acquired by Grantor by instrument recorded in Book page All or a portion of the property herein conveyed Y includes or _ does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book page Page 1 of 2 NC Bar Association Form No, 3 m 1976, Revised (D 1977, 20a2, 2Q13 This standard farm has been approved by: Printed by Agreement with the NC Bar Association— 1991 North Carolina Bar Assadadon —NC Bar Form No. 3 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: Easements, Restriction and Rights ofway ofrecord and the Gen of ad valorem taxes which the Grantee hereby assumes and agrees to pay. iN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and first abo Wri SS (Entity Name) Prim N By: VIC (SEAL) Print/Type Name & Title: Printll'ype Nmw: IyibLET MoN'I= BY: Print/Type Name & Title: By: Print/Type Name & Title: (SEAL) Print/Type Name: SEAL Print/Type Name: State of North Carolina - County or City of MECKLENBURG I, the undersigned Notary Public of the County or City of MECKLENBURG and State aforesaid, certify that HOWARD MONIEM and spouse. VIOLET MOMMTTH personally appeared before rile this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this l 3th day of May -,, 2021 � KIMBERLY E. FOX NOTARY PUBUG My Commission Expires: `� Mecklenburg County, NC (Affix Seal) Ady ccrmmltzsien Expires June 25:2 otary Public State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that _he is the of , a North Carolina or corporation/limited liability companylgeneral parmershipAimited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _ he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of , 20—. My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of - County or City of 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this day of , 20T My Commission Expires: (Affix Seal) Notary Public Notary's Printed or Typed Name NC Bar Associaton Form No. 3 0 1976, Revised 0 U112010 Printed by Agreemem with the NC Bar Association EXHIBIT "A" Lying and being in the State of North Carolina, County of Mecklenburg and being more particularly described as follows: BEING all of Lot 16 in that certain subdivision known as POINT LARGO, as same is shown on map thereof recorded in Map Book 10, Page 171, in the Office of the Register of Deeds for Mecklenburg County, North Carolina. Being in all respects the same property conveyed in Book 34548, page 68, Mecklenburg County Public Registry. Parcel Number: 001-052-16 Street Address: 18132 Narntz Road, Cornelius, NC 28031 y. � bOD�m �wc � nN o o °u° a Z p Ole tf w0¢A� sJ ap2rniy n � dP, ern y y V oe >C I G4 n j m o and �7j�iiiiiiil�� $$coo A `� � r�i�0 31h! 4 h llillililll lllllilllll ' lull"�.111 o Mill "ill a LW W W , lllti �il a �r lilllllllll � m � l llilillilll , • � d Li / !4 Y p y • 40 aD / p 2 • � d 1 • Y� s kq ` r•J o o YX m _ Qj y m e00i ti PL LL D w It c5 o-4 5:07 PM PDT do}loop verif�d W4 -3 L � S zo C>dLL Ja Iiii..R ti � � lllllllllll � lllllllllll 111 Z o ling �v1�11 o iUZ9 111 1 d -jet l lllllllllll � { lllllllllll J ' jjj � J ��V 0. 1"4M � �., ♦� o Cl g , D 8 � t'•� / g .z ��� �•Qr9 � `Y' f� � m O Lq 10 Y� Cl � C� om Fig ILI- 0 ti E N N U U C 5:07 PY1 FL'T =loop veri`ic- t a ` f �� 1 • X .� f R DUKE ENERGY DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site canhave abig impact on permitting processing time. Please complete this form and return it along with your completed application to: DUKE ENERGY CIO LAKE SERVICES — EC 12 Q 526 SOUTH CHURCH STREET CHARLOTTE, NC 28202 Applicant's Name: Troy Herbst Street Address (at lake): 18132 Nantz Road Lake Name: Norman Subdivision Name: Point Largo Property Section: Lot #: City: Cornelius County: Mecklenbur State: NC Zip: Telephone: 702-327-0292 Directions (from major road or highway): MINE From I-77 NB Exit 28, Left onto W Catawba Ave., Right onto Nantz Road, Property is on the left. Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc.) *Note: Please use the back of this farm if desired to draw us a map to the site. Address or Place ATVI L J 18132 Nantz Road Cornelius, NC 28031 D 0.25 0.5 mi .k % I oil Ramsay Creek Park W.. Nr 35.460327,-80.898832 e I �SMaps Legal .' CRM ■ Deg ■ DIMS Help Decimal Degrees Latitude: 35.460327 Decimal Degrees Longitude:-80.898832 Clear Shaw Paint DUNE ENERGY DIRECTIONS BY ROAD FORM LANCASTER CUSTOM DUCKS DISPOSAL SITE Lake Use Permit Applicants and Contractors: Ease of locating the proposed proj eat site canhave a big impact on permitting processing time. Please complete this form, and return it along with your completed application to. DUKE ENERGY CIO LAKE SERVICES — EC 12 Q 526 SOUTH CHURCH STREET CHARLOTTE, NC 28202 Applicant's Name; L=aster Cugam Dock Disposal ite Street Address (at lake): I ld v r Hi hwa Maare ville N 28117 Lake Name: No Subdivision Name: Bi Dadd 's of N Property Section: Lot #: City: Mooresville County: Ir de l State: N Zip: 28117 Telephone: 7 4- 1-4 08 Directions (from major road or highway): From I-77 NB, Exit 36, Left onto NC- 150 WB, Disposal Area is on the right behind Big Daddy's Restaurant Complex. Descriptive Structures) on Property (i.e. brick garage, white fence, mobile home, etc.) *Note: Please use the hack of this form if desired to draw us a map to the site. 1162 River Highway Mooresville NC 28117 0 1.25 2.5 mi __ake Norma! hate Rark cell 9 3 5-6 04 043, - 80. 910 2 86 Late Norman, Shepherds Mooresville amaps CRM ■ Deg ■ DMS Help Decimal Degrees Latitude: 35.604043 Decimal Degrees Longitude:-80.910286 Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date 1_151 - TO, Duke Energy c/o Lake Services - EC 12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For (Subdivision and Lot Ws or Other P6v n�r Lar-r. r t n- - I Ln 19,1 --� ;7 (Applicant's full name) ~nY 1D - hereby agrees to comply with all recommendations, requirements andl r 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 In addition, Llwe 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 (1 S) months from the date of written approval by Duke Energy, unless specifically noted otherwise in the application or unless I1we obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy. lAve 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 SW or other applicable guidelines and the new application must include any applicable fees and security deposits. Ilwe 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, Llwe 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. Ilwe 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, Ywe 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. nukc ewBy Page 1 Rw 416rz020 Ilwe understand that all excavation work must be done directly in front of mylour property and as specified in Duke Energy's approval. Ilwe also understand that access channels must run perpendicular to the shoreline while within the third of the cove area that is nearest mylour property. Ilwe understand that for proposed excavations, Ilwe 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.11we understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before Ilwe submit the final application to Duke Energy. At FERC-licensed reservoirs, IAve 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. Ilwe agree that unless specifically approved otherwise in the application, explosives will not be used as part of this excavation activity. Fwe understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife and other natural resources. Ilwe 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. Ilwe 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. IAve 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. Ilwe 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 mylour expense, particularly if the disturbance is found to be in violation of state or local ordinances or impacts FERC project buffers. Ilwe 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. rn,ka km.gy Page 2 Rev: V&2020 Uwe agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. Uwe understand that the double handling of excavated material will not be allowed; therefore, all excavated material must be placed above the Project Boundary in one handling. Ilwe have designed the hydraulic excavation process (if any will be used) so that return water re- enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. Uwe agree that the proposed excavation will not be for the purpose of creating additional shoreline, will not alter the Project Boundary or the full pond contour, and will not impact threatened or endangered species, historic properties, or environmentally -important areas, unless special public entity provisions were made in the application. Uwe recognize that it is my/our responsibility to clearly locate in the field and label on mylour 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 mylour 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. -[Ave 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. Uwe 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. Ilwe 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. Ilwe understand Duke Energy representatives may issue Stop Work Directives for violations of the SW 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 mylour own expense or loss of any consideration for future lake use permits. Ilwe 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: V6I2020 Ilwe agree to develop any required mitigation plans and to complete any required mitigation activities at mylour own expense within the specified time frames. Ave 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. Ilwe agree to notify Duke EneEM by phone when the excavation is initiated and to ensure that during the excavation eriod 1/we will post Duke Energy's a roval letter in a clear Ovate roof bag at the 'ob site and visible from the water's edge. IAve 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. Ilwe recognize security deposits will not be refunded if any violations of the SW, other applicable guidelines, or this user's agreement occur. Ilwe understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. Ilwe 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. Uwe understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that mylour 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, 1 a er Applicant Name (Print) Applicant's Signature Co -Applicant's Name (Print) Co -Applicant'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 Wke Energy Page 4 Rer. 416)2= DUKE IR:MI DUM Ewe ENERGY. EC120 1 526 sa,in chmbft- NC ZN202 Us&% A"= EC 120 1 PO Sm 1006 Case, NC 28201-1W6 Pro'ected Property Line Almroval Letter Iglvq I krlt 4L I, oar In ►I, owner of Lot # in Subdivision (Print Name) give app,,►gal to Tr�� �trb6� Ig,3)-- /^n fed {dim wmnoa owner of adjacent Lot 4 in Subdivision to encroach over the projected prop" line between our lots for uses that are checked below: y Dock © Dock Cable Anchor Dredge GgYLAKEWGWr4%A&& Nlanw ccW hope* 1xe Apprawi una dK i� et#e-r)r& cur THE INFORMATION CONTAINED 11Y THIS DRAWING IS THE SOLE PROPERTY OF LANCASTERS AOCI[& LIFTS SYSTEM INC ANYl4EPROAiJCTION 1N PART pR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF LANCASTER S DOCK & LIFTS SYSTEM INC. IS PROHIBITED. ISSUE CLIENT � 2-9"22 Troy Herbst Q 18132 Nantz Rd. MA, Comelius,N.C. 28031 Lancaster Custom Dock and Lifts BY 1155 Perth Road Troutman MA, North Carolina THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTYOF LANCASTER'S DOCK& LIFTS SYSTEM INC. ANY REPRODUCTION IN PART OR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF LANCASTER S DOCK & LIFTS SYSTEM INC. IS PROHIBITED, a ISSUE CLIENT 2-9-22 Troy Herbst DRAWN BY 16132 Nantz Rd. N M.H. Comelius,N.C.28031 Lancaster Custom Dock and Lifts 1156 Perth Road Troutman North Carolina THE INFORMATION CONTAINED IN THIS DRA WING 1S THE SOLE PROPERTY OF LANCASTER'S DOCK& LIFTS SYSTEM 11VC. ANY REPROpUCTION IN PART OR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF LANCASTER S DOCK & LIFTS SYSTEM INC. 1S PROHIBITEp, a ISSUE CLIENT 2-9.22 Troy Herbst DRAWN BY 18132 Nantz Rd. M.H. Cornelius,N.C.28031 Lancaster Custom dock and Lifts 1156 Perth Road Trautman North Carolina THE INFORMATION CONTAINED ANY REPRODUCTION 1N PART OR AS A WHOLE E THIS DRAWING IS THE SOLE PROPERTY OF LANCASTER'S DOCK& LIP-TS SYSTEM INC. WITHOUT THE WRITTEN PERMISSION OF LANCASTER S DOCK & LIFTS SYSTEM INC. IS PROHIBITED. azssue CLIENT 2-9-22 Troy Herbst DRAWN BY 18132 Nantz Rd. M.H. Comelius,N.C, 28031 Lancaster Custom pock and Lifts 1156 Perth Road Troutman North Carolina THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF LANCASTER'S DOCK& LIFTS SYSTEM INC. ANY REPRODUCTION IN PART OR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF LANCASTER S DOCK & LIFTS SYSTEM INC. 1S PROHISITED. ISSUE CLIENT 2-9-22 Troy Herbst DRAWN BY 18132 Nantz Rd. M.H. Cornelius,N.C.28031 Lancaster CustOrn Dock and Lifts 1156 Perth Road Troutman North Carolina THE INFORMATION CONTAINED IN THIS DRA WING IS THE SALE PROPERTY OF LANCASTERS DOCK& LIFTS SYSTEM INC, ANY REPRODUCTION IN PART OR AS A WHOLE WITHOLIT 7HE WRITTEN PERMISSION OF LANCASTERS DOCK & LIFTS SYSTEM INC. IS PROHIBITED. Issue CLIENT ' 2-9-22 a Troy Herbst arwwrr By 18132 Nantz Rd. M.M. Cornelius,N.C.28031 Lancaster Custom Dock and Lifts 1156 Perth Road Troutman North Carolina