20230953 Ver 1_Sketch_20230706

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 v Z'F-7 2 ais_
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) PYes ❑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
Part I. Applicant Information (Please Print)
Name Ryan Clutter Telephone [phone]
Email address: rclutter(a)me_com
Lake Address Mailing Address (f different)
17016 Island view Dr. 2127 Radcliffe Ave.
Cornelius, NC 28031 Charlotte, NC 28207
Contractor Company CBC Stone & Recycling. LLC
Contractor Contact Person Janice Estep Telephone [phone]
Contractor Email Address: [e-mail]
LAKE LOT INFORMATION
Lake Norman County Mecklenburg City Cornelius State NC, Tax Map No.
Subdivision Lake Norman Island Lot / Section No. 7 Lot Size 1.02a 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 ONo (If Yes,
include name and mailing address below.
Name:
Mailing Address:
Tax ID:
Are there any Co -Applicants*? (check one) ❑Yes ONo (If Yes, include names, street
addresses or lot numbers, pier numbers, phone numbers, and email addresses in Part V —
Additional Information)
* Co -Applicants exist when the proposed work is being done under a single application, will be
performed by a single contractor as one continuous project, and is done to benefit multiple
owners / lease holders of Project -front properties within a single development. There can be no
more than 4 co -applicants in addition to the lead applicant on any application.
Do not continue the application until an on -site inspection has been conducted between a
Duke Energy Lake Representative and the applicant and/or the excavation contractor.
NOTE: Initialling this portion of the application by a Lake Representative in no way
constitutes approval or eminent approval of the excavation or any other lake use permitting
activity.
Date of on -site inspection (1 3 ZS
Initials (Duke Energy) j i2K_ 1t J
(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)
2. Purpose of excavation: (check one)
❑ Water Intake Channel
❑ Other (spec):
3. Lake user category: (check one)
❑Commercial Marina
❑Other (specify):
❑ New excavation 0 Maintenance excavation
* Boat Access Channel
❑ Wastewater Discharge Channel
®Private ❑Residential Marina
❑Public
4. Max. Excavation Area Dimensions (ft): Length 60' Width 15, Depth 3' =100 cy
(Note: include additional area dimensions if necessary so response to #5 below equals max. area
dimensions in 94) 75' x 25' x 3' = 208.33 cy
5. Volume of Excavated Material (TOTAL for the project): 308.33 Cubic yards
6. Type of material removed (applicant determines by field sample if practical):
Dirt/Silt
7. Excavation Site area: 0,187 Acre (s) Disposal Site area: 2.29 Acre
(s)
8. Total Disturbed Area (including equipment staging area): 0.187 Acre (s)
9. Does the project meet the requirements of the applicable General Permit? (check one)
{aYes ❑No
10. Do you claim title to the disposal area? (check one) ❑Yes ONO
11. Do you claim title to the equipment staging area? (check one) ❑Yes ONO
12. Are there any water -treatment facilities within 50 feet of the proposed excavation area?
(check one) ❑Yes ®No
(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):
)redge by barge, haul material out by barge/hopper to approved access with permission from owner,
oad material onto dump trucks and haul to disposal site located at 638 Oakridge Farm Hwy. Mooresville, NC 28115
Duke Energy Page 6 of 13 rev 11/22/21
Excavation Program

Duke Enemy Excavation Permit Application Form
14. Type(s) of excavation equipment to be used:
Long Reach Excavator, Hopper,Dump Truck
15. Will waters or wetlands be crossed in transporting equipment to or from the site?
(check one) OYes ONo
(If yes, explain)
By barge
16. Will return water re-enter the reservoir? (Check one) ❑Yes ONO ON/A
(If Yes, speck point(s) of 're-entry and show on Excavation Area Drawing)
17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the
excavation? 13Yes ONo
(If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed
facility). Permit # 10630
18. Total planned duration of the work (Include first equipment mobilization, excavation
through final mitigation measures complete):
START 9 / 23 FINISH 9 / 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
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Applicant Name (print)
-kpp icaijt Signature* Date Cr 3
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 1112212021
Excavation Program

Excavation Project User's Agreement Letter
(Please fill in the blanks. Please Print)
Date 6/19/23
TO: Duke Energy
c/o Lake Services - EC12Q
526 S. Church Street
Charlotte, NC 28202
RE: Excavation For (Subdivision and Lot #'s or Other Project Name)
Lot 7 Lake Norman Island
(Lake/County/City) Norman / Mecklenburg / Cornelius
(Applicant's full name) Ryan gutter 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. 1/we also recognize that failure to complete the
excavation within this build -out period will require the filing of a new application within the then -
current SMP or other applicable guidelines and the new application must include any applicable
fees and security deposits.
1/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project
Boundary where the excavation activity is to take place, or if not the owner or lease holder, 1/we
have included proof of title to the property and written authorization from the owner(s) or lease
holder(s) to carry out the proposal within the Project Boundary adjacent to their land.
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 I Ree4/612020

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. 11we 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, 11we 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 11we 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.
Vwe 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.
1/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.
I/we agree all excavated material will be placed in upland areas, landward of the Project
Boundary, and confined to prevent erosion and sedimentation back into the lake or nearby
streams.
Duke Energy Page 2 Rev:4/6/2020

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

1/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. Fwe recognize that the
excavation work is not considered complete and deposits will not be refunded until the
mitigation requirements (if any) have been satisfactorily fulfilled.
I/we agree to notify Duke Energy by phone when the excavation is initiated and to ensure that
during the excavation period, 1/we will post Duke Energy's approval letter in a clear waterproof
bagat 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.
1/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.
Ilwe 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,
T) . cIC-+4tr ---a -T;> - Uz6t�
Applicant's 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
Duke En %,y Page 4 Rev: 4/6/2020

FOR REGISTRnrtotoREGJUDITy
NECKEN6URG OF NEEDS GIBSON
8K:24i342 Pgp363 303 Ft P14C
EXCISE TAX-1,730�0017,00
I NS TRRU"r.lEN T
�IglI�HGI/igj(fl1l�►iI1117G1 �080433
6 80433
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: S 1,730.00
Parcel Identifier No.001-035-12 Verified by County on the _ day of , 20—
By:
Mad/Box to: Grantee
This instrument was prepared by-. Samantha H. Terres, PLLC, 16501-D Northcross Drive, Guntersville, NC 28078
Brief description for the Index: LT 7, BLK A, LAKE NORMAN ISLAND
THIS DEED made this 25th day of April . 20 06, by and bcrivecn
Paul W. Streeter and wife,
Roz C. Streeter
GRANTEE
Ryan D. Clutter and wife,
Jennifer M. Clutter
17016 Island View Drive
Cornelius, NC 28031
Mailing Address:
199 Prestwood Lane
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, fenunme or neuter as required by context.
VM NESSETH, that the Grantor, for a vahmble consideration paid by the Grantee, the receipt ofwhich is hereby acknowledged, has
and by these presents does gent, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated
m the City of Cornelius Township, Mecklenburg Coimty, North Carolina and
more particularly described as follows:
Exhibit "A"
BEING all of Lot 7 in Block A of LAKE NORMAN ISLAND, as the same is shown on map thereof recorded in Map Book 10
at Page 77 in the Mecklenburg Public Registry.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 8175 page 797
A map showing the above described property is recorded in Plat Book 10 page 77
NC Bar Association Form No. L-3 ® 1976, Revised O 1977, 2002
Printed by Agreement with the NC Bar Association —1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609
■

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 wane in
fee smoplc, that title is marketable and free and clear ofall encumbruces, and that Grantor will warrant and defend the title againat
the lawful claims of an persons whomsoever, other than the following exceptions: 2006 ad valorem taxes which are a lien but
not yet due and payable and all restrictions, easements, right of ways d-ot}rereaen ces of record.
IN WITNESS WHEREOF, the Caraator has duly execs the foregoing as of day yd yearf} a ve written.
(Entity Name) Paul W. Streeter J.
Title: _ Roz C. Streeter
By ' ���� •tea
Tid=
By; A �t�s$P1j
Title: "I CI** ........
State of North Carolina - County of Mecklenburg
I, the undersigned Notary Public of the County and State aforesaid, certify that Paul W. Streeter and wife, Roz C.
Streeter personally appeared before the 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 25th 'day of April 2006
My Commission Expires;
No Pub
State of North Carolina - County of
I, the undersigned NotaryPublic of ftte County and State aforesaid, certify that
personally came before me this day and acknowledged that _he is the of
a North Carolina or
corporation1limite i liabilitycompany/general partoorship/limitedpartnership (sd*e throughthe inapplicable),and
that by authority duly given and as the act of such entity, he signed the foregoing insiroux t in its name on its behalf as its act and
deed. Witness my hand and Notarial stamp or seal, this day of 20Y.
My Commission Expires:
Notary Public
State of North Carolina - County of
1, the undersigned Notary Public of the County and State aforesaid, certify that
Witness my hand and Notarial stamp or seal, this day of 20—.
My Commission Expires:
Notary Public
The foregoing Cer"cate(s) of
islare certified to be correct. This instrument and ibis certificate art dulymgisWW atthe date and time and inthe Book and Page shown
on the fast page hereof
Register of Deeds for County
By: Dep * Assistatrt - Register of Deeds
NC Bar Association Form No. L-3 C 1976, Revised 0 1977, 2002
Printed by Agreement with the NC Bar Association —1981 SotiPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609