20230732 Ver 1_Sketch_20230525

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'5--L-53,-Z:itials �Zdl
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 Stephen Ungemach Telephone [phone]
Email address: sunclemaChOXive.Com
Lake Address Mailing Address (fdifferent)
141 Brookridge Lane same as lake address
Mooresville, NC 28117
Contractor Company CBC Stone & Recycling LLC
Contractor Contact Person Janice Estep Telephone [phone]
Contractor Email Address: [e-mail]
LAKE LOT INFORMATION
Lake Norman County Iredell City Mooresville State NC_ Tax Map No.
Subdivision Brookridge Shores Lot/Section No. 5 Lot Size 0.618 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 11No (If Yes,
include name and mailing address below.
Name: Tax ID:
Mailing Address:
Are there any Co-Applicants*? (check one) ❑Yes lalo (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 15 118 Z3
Initials (Duke Energy) ULAI (applicant/contractor)
Duke Energy Page 5 of 13 rev 11/22/21
Excavation Program

Duke Energy Excavation Permit Application Form
Part II. Description of Project
A. Basic Information
1. Type of excavation: (check one) ❑New excavation Q Maintenance excavation
2. Purpose of excavation: (check one) ®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 20, Width 50' Depth s' = 111.11 cy
(Note: include additional area dimensions if necessary so response to #S below equals max. area
dimensions in 94) 44.75'x 25'x 3'"v"channel = 124.30 cy
5. Volume of Excavated Material (TOTAL for the project): 235.41 Cubic yards
6. Type of material removed (applicant determines b aeld sample i ractical):
Dirt/Silt
7. Excavation Site area: 0.145 Acre (s) Disposal Site area: 3.34 Acre
(s)
8. Total Disturbed Area(including equipment staging area): 0.156 Acre (s)
9. Does the project meet the requirements of the applicable General Permit? (check one)
OYes ❑No
10. Do you claim title to the disposal area?(check one) ❑Yes ONNo
11. Do you claim title to the equipment staging area? (check one) OYes ❑No
12. Are there any water-treatment facilities within 50 feet of the proposed excavation area?
(check one) ❑Yes 0No
(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 at boat ramp located at access property owned by applicant and take by
dump truck to disposal site located at 241 McKendree Rd. Mooresville, NC 28117 with permission from owner.
Silt fence to be installed at disposal area to prevent any run off from occurring.
Duke Energy Page 6 of 13 rev l v22/21
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) o 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? IZYes ONo
(If Yes,provide the existing permit number. If No, include a scaled drawing of the proposed
facility). Permit # 12434
18. Total planned duration of the work(Include first equipment mobilization, excavation
through final mitigation measures complete):
START 8 / 23 FINISH 8 / 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 Ayolication Form
C. Applicant's Signatures
Comments: Mt)(c b1 Do ors'.
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.Applicant.Name(print)
ApRftpopDate
Co-Applicant Name(print)
Co-Applicant Signature* Date
Co-Applicant Name(print)
Co-Applicant Signature* Date
Co-Applicant Name (print)
Co-Applicant Signature* Date
Co-Applicant Name(print)
Co-Applicant Signature* Date
*Per my signature,the information provided in this application is correct to the best of my
knowledge.
Duke Energy Page to of 13
rcv 11I2V2721
Excavation Program

Excavation Project User's Agreement Letter
(Please fill in the blanks. Please Print)
Date 518/23
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)
Lot 5 Brookridge Shores
(Lake/County/City) Norman / Iredell / Mooresville
(Applicant's full name) Stephen ungemach 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. 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. I/we also recognize that failure to complete the
excavation within this build-out period will require the filing of a new application within the then-
current SMP or other applicable guidelines and the new application must include any applicable
fees and security deposits.
I/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project
Boundary where the excavation activity is to take place, or if not the owner or lease holder,I/we
have included proof of title to the property and written authorization from the owner(s) or lease
holder(s)to carry out the proposal within the Project Boundary adjacent to their land.
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,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 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. 1/we also understand that access channels must run
perpendicular to the shoreline while within the third of the cove area that is nearest my/our
property.
I/we understand that for proposed excavations,1/we must notify the appropriate local, state and
federal agencies in advance of the activity by sending them a completed copy of Duke Energy's
Excavation Permit Application Form and other required information. I/we understand that
written authorization and/or other permits may be required by some of these agencies and such
required authorizations must be obtained before Uwe submit the final application to Duke
Energy.
At FERC-licensed reservoirs,Uwe understand that except for maintenance excavations, any
excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline
stabilization work needed to support an application that requires FERC review does itself require
specific review and approval by the FERC before Duke Energy can issue any approvals.
I/we agree that unless specifically approved otherwise in the application, explosives will not be
used as part of this excavation activity.
I/we understand that every reasonable effort must be made to minimize any adverse impact on
fish,wildlife and other natural resources.
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.
Uwe 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.
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

I/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent
erosion and runoff into the lake.
I/we understand that the double handling of excavated material will not be allowed;therefore, all
excavated material must be placed above the Project Boundary in one handling.
1/we have designed the hydraulic excavation process (if any will be used) so that return water re-
enters the lake in the same general vicinity and cove as the excavation,to the maximum extent
practicable.
I/we agree that the proposed excavation will not be for the purpose of creating additional
shoreline, will not alter the Project Boundary or the full pond contour, and will not impact
threatened or endangered species,historic properties, or environmentally-important areas, unless
special public entity provisions were made in the application.
I/we recognize that it is my/our responsibility to clearly locate in the field and label on my/our
work area drawings any areas that require specific protection or avoidance during this excavation
work. Examples of these protection/avoidance areas include but are not limited to, any
Environmental Areas,Natural Areas or Impact Minimization Zones as identified by Duke
Energy;jurisdictional wetlands; historic properties; rare or threatened species; and buried gas,
water, sewer, electric or communications lines.I/we agree to provide my/our contractor with a
copy of these work area drawings showing these areas to stress the necessary protection
measures.
I/we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are
discovered during the excavation,work shall be halted immediately. I/we will then notify Duke
Energy and the State Historic Preservation Office to determine what measures, if any, 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.
1/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.
Uwe understand Duke Energy representatives may issue Stop Work Directives for violations of
the SMP or other applicable guidelines and other consequences may result from such violations,
including but not limited to suspension or cancellation of approved permits, increases in fees,
modification or removal of non-complying structures and restoration of disturbed areas at my/our
own expense or loss of any consideration for future lake use permits. 1/we agree to immediately
comply with any Stop Work Directives, to fully cooperate with Duke Energy and other agencies
as necessary, and to perform the necessary remedial actions within the specified time frame.
Duke Energy Page 3 Rev:4/612020

ive agree to develop any required mitigation plans and to complete any required mitigationactivities at mylour own expense within the specified time frames. 11we-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.
Iltive agree to notify Duke Energy by phone when the excavation is initiated and to ensure that
during the excavation period Ave will post Duke Energy's approval letter in a clear waterproof
bag at the fob site and visible from the water's edge
11we 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 closeout inspection can be performed.
Ave recognize security deposits will not be refunded if, y violations of the STV1P, 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.
l-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.
Five 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 Binder the general p 'lies lawful use and enjoyment of the same.
Sincerely, r'
Applicant's Name(Print)
Ct>Applicant's Name(Print) Co-Applicant's Signature _
_.__ co-Applicant's Name(Print) _._.. Co-Applicant's Signature
Go-Applicant's Name(Print) Co-Applicants Signature
Ca-Applicant's Name(Print) Co-Applicant's signature_
n�kex,�xr Page 4
IW2=a

Type: CONSOLIDATED REAL PROPERTY
Recorded: 11/1/2019 3:48:11 PM
Fee Amt: $846.00 Page 1 of 5
Revenue Tax: $820.00
Iredell County, NC
Ronald N.Wyatt Register of Deeds
BK 2656 PG 99 - 103
Submitted electronically by Lancaster,Trotter&Poe PLLC in compliance with North Carolina statutes governing recordable
documents and the terms of the Submitter agreement with the Iredell County Register of Deeds.
NORTH CAROLINA
GENERAL WARRANTY DEED
Excise Tax:$820.00 Recording Time,Book and Page
Tax Map No. Parcel Identifier No.4626-67-71 10
Mail after recording to: Grantee
This instrument was prepared by Lancaster, Trotter&Poe PLLC,a licensed North Carolina
attorney. Delinquent taxes,if airy,will be paid by the closing attorney to the county tax collector
from seller proceeds at the time ofdisbursement.
THIS DEED made this Ist day of November.2019, by and between
GRANTOR
Frederick J.Heck and Diane H.Heck,Trustees of the Frederick J.Heck and Diane H.Heck
Revocable Trust dated August 18,2013
20211 Rainboxv Circle
Cornelius,NC 28031
.�`-------------- - GRANTEE
Stephen Michael Ungemach and wife,Rainy L.Ungemach
141 Brookridge Lane
Mooresville,NC 28117
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.
W17NF.SSETH.that the Grantor.for a valuable consideration paid by the Grantee,the receipt ofwhich
is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee
in fee simple, all that certain lot or parcel of land situated in the City of Mooresville, Iredell County,
North Carolina,and more particularly described as follows:
BEING all of Lot 5 of Brookridge Shores,Phase 11,as same is shown on map thereof recorded in Map
Book 17,Page 59,in the Iredell County Public Registry.
Book:2656 Page:99 Page 1 of 5

The property hereinabove described was acquired by Grantor by instrument recorded in Book 2265,
1682.
A map showing the above described property is recorded in Plat Book 17.Page 59.
The above described property❑does ❑does not include the primary residence of the Grantor.
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 claim of all persons whomsoever.
other than the following exceptions:
1. Ad Valorem taxes for the current year(prorated through the date of settlement).
2. Utility easements and unviolated covenants. conditions. or restrictions that do not materially
affect the value of the Property.
IN WITNFSS WHEREOF. the Grantors have hereunto set their hands and seals, or. if corporate. has
caused this Deed to be executed by its duly authorized officers and its seal to be hereunto affixed. the
day and year first above written.
ZIU / 1SL
Frederick J.Hec .Trustee
Diane H.Heck�ec
NORTH CAROUNTA MF,CKLFNTBURG COUNTY
1.certify that the following person(s)personally appeared before me this day.each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated:Frederick J.Heck and Diane H Heck,Trustees of the Frederick J.Heck and Diane H.
Heck Revocable Trust dated August 18.2013.Grantor(s). Witness my hand and official stamp or seal.
this the__L_day of \1e\rf 6A--n't,r _
My Commission Expires:Cjt -- IiAf'-flu.
Notary puoiic
Print Notary Name: b-e- VG 4
Meredith r�rtt4,,,u'
�IOMPI,U , t+
Ii�P,Cvtl4+t35t3r%v,LrtktFi! `
�St9:Yl1,�`rc i�itCfu£
S
Book:2656 Page:99 Page 2 of 5

T - -, 6��
NORTH CAROLINA CERTIFICATION OF TRUST
Prepared by: Lancaster,Trotter& Poe, PLLC,4430 Park Road, Charlotte,NC 28209
After recording,return to: Lancaster,Trotter& Poe, PLLC
4430 Park Road
Charlotte,NC 28209
This Certification of Trust is given by the undersigned trustee(s) to I4`l ' ". pursuant to §
36C-10-1013 of the North Carolina General Statutes. For the purpose of simplicity,this Certification of Trust frequently
uses the singular form of the words "settlor," "trustee," and "beneficiary" when referring to these parties, regardless of
whether the trust instrument itself uses different terms or the reference is to one or more persons.
As used in this Certification of Trust,the term "Trust"refers to the following trust:
Name of Trust: Frederick J. Heck and Diane H. Heck Revocable Trust under agreement dated August 18,2013
Each of the undersigned hereby certifies to the Title Company as follows:
1. The Trust instrument was executed on August 18`h, 2013. The Trust is currently in existence and has not been
revoked.
2. The name of each settlor of the Trust is:
Frederick J. Heck
Diane H. Heck
3. The name and address of each currently acting trustee of the Trust is:
Frederick J. Heck-- .2�oZ,11
Diane H. Heck-- 00-0\1c.�
If there are co-trustees, the minimum number of currently acting trustees required to sign in order to exercise
various powers of the trustees and to bind the Trust is two.
4. The Trust is ■ revocable. ❑ irrevocable.
Book:2656 Page:99 Page 3 of 5

5. If there is a power to revoke the trust,the person(s)holding the power to revoke is/are:
Frederick J. Heck&Diane H. Heck
6. The trustee has the authority and power, on behalf of the Trust, to: (check applicable box or boxes and fill in
blanks, as appropriate)
A. ❑ The authority and powers of the trustee are as set forth in the excerpt from the trust instrument
attached to this Certification and incorporated herein by reference.
B. ❑ Obtain loans and otherwise borrow money from the Bank either in the Trust's name or in the
name(s) of the trustee(s) under such terms and conditions as the trustee(s) deem appropriate, and
to encumber, mortgage or pledge Trust property to secure repayment of any such loan.
C. ❑ Guarantee repayment of any and all obligations now or hereafter owed by
to the Bank,and to execute and deliver such
guaranty agreements as may be required from time to time by the Bank.
D. ❑ Encumber, mortgage,or pledge Trust property for a term within or extending beyond the term of
the Trust to secure any and all obligations now or hereafter owed by
to the Bank.
E. ■ (Spec):
The Trustee may self exchange or conveyay private or public sale any trust asset for cash or
upon credit, as the Trustee may deem advisable.
In addition to those powers described above, the trustee has those powers listed in §§ 36C-8-815 and 36C-8-816
of the North Carolina General Statutes,except as limited by the terms of the Trust.
7. The taxpayer identification number of the Trust is: . (Note: Do not complete
this section if(i) this form is given in connection with a loan transaction involving real property owned by
the Trust, (ii) this form will be registered in the office of the register of deeds, AND (iii) the taxpayer
identification number of the Trust is also the social security number of the settlor.]
8. The manner in which Trust assets should properly be titled(i.e., the name in which title should be held is:
The Frederick J. Heck and Diane H. Heck Revocable Trust under agreement dated August 18`h,2013,
9. The Trust is governed by the laws of the State of North Carolina.,
10. I/We have read the Trust agreement and, where necessary, obtained the advice of counsel to determine my/our
authority as trustee or co-trustees to exercise the powers indicated above.
H.. To the best of my/our knowledge,the Trust has not been revoked, modified or amended in any manner that would
cause the representations made in this Certification of Trust to be incorrect. Each person signing this Certification
of Trust is currently acting as trustee or as a co-trustee of the Trust.
2
Book:2656 Page:99 Page 4 of 5

This Certification of Trust is dated as of t ` � ,20 .
CORPORATE TRUSTEE OR CO-TRUSTEE: INDIV�IDUAL TRUSTEE OR CO-TRUSTEES:
f t
Name of Trustee or Co-Trustee Signature
Signature Print or Type Name
Print or Type Name and Title � �
Signature
Print or Type Name _T
T� t
d c.c t•n � �t County, State of ,cy- iK tu�aa-I
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she
voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:
Date: lilt A A 1"6'A
SignatuA of atary Public
(Ofcial Seal) }
. ' cEA�" �='�'�'� Notary Public
orf
Printed or typed name
M commission expires: 7,
" ffl is :cu Y
g_ oa
County, State of
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she
voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:
Date:
Signature of Notary Public
(Official Seal)
Notary Public
Printed or typed name
My commission expires:
Book:2656 Page:99 Page 5 of 5