HomeMy WebLinkAbout20231303 Ver 1_Shoreline Stabilization_20230921ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
STATE nu D� ! , J l�/ 3
oM i/
P IOU
y
b
NORTH CAROLINA
Environmental Quality
State of North Carolina
Department of Environment Quality
Division of Water Resources
15A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization
Shoreline Stabilization Application Form
FORM: SSGP 09-2020
Three copies of the application (including attachments) and the application fee should be sent to:
If sending via US Postal Service
Paul Wojoski
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
NOTE: Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request
Form as we will not be able to accept your application without this important first step. The Pre -Filing
Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) which states "At least 30
days prior to submitting a certification request, the project proponent shall request a pre -filing
meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all
certification requests must include documentation that a pre -filing meeting request was submitted to
the certifying authority at least 30 days prior to submitting the certification request. Click her, to read
more information on when this form is needed prior to application submission or here. to view the
form.
Attach documentation of Pre -Filing Meeting Request to this application.
Date of Pre -filing Meeting Request: _/_/ (required)
DWR ID #
Version (if applicable)
A. Applicant Information [ 5A NCAC 02H .0502(a
1. Owner Information
Name: r ► L C
Mailing Address: 2 LA I � C 1CY) L' )0Tv_4 k n
"rn�_,\ I cl�kjc WC 2Y03I
Telephone Number: 0- Z(XD' L1 U Fax Number:
E-mail Address: C1"_lCt rn
North Carolina Department of Environmental Quality I Division of Water Resources
tf�,,_D_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
11 IN- Q
nrWWI �� 919.70T9000
N
2. Agent/ Contact Person Information
A signed and dated copy of the Agent Authorization letter must be attached if the Agent has
signed this application form. (A form can be downloaded here:
http://www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTHORIZ
ATION FORM.pdf)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
U\:)
v
Z (D h l C. Lt ri� c) J J
B. Project Information [15A NCAC 02H .0502(a) & (b
1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with
respect to local landmarks such as towns, rivers, and roads.
2. Provide a detailed site plan showing property boundaries and proposed locations of
vegetation clearing, buildings, retaining walls, docks, impervious surfaces, rip rap, excavation
or dredging below Full Pond/ Normal Water Level elevations, and construction access
corridors. You may use the diagram provided at the end of this application form.
3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of
some sort- a yard stick, shovel handle, etc.)
4. Location of the property (where work is to be conducted)
County: 1`)jd c-- V IF n Ly Nearest Town: r n P 11ys
Lake river ocean adjacent toproperty: � Y V" !
/ / � '�
Property size (acres): 115
Subdivision name or site address (include phase/lot number): 2 0 9 < ( C o-, 4yte
Ih Co'r06(00S NC 2R031 Lc)+--* (o
Directions to site - please include roo names and numbers, landmarks, etc.: W +�
_ �+ P (� I� , Yd
Latitude (in decimal degrees)'�6.LK Longitude (decimal degrees) " B 0 t g _
5. Describe the existing land use or condition of the site a� the time of this application
(residential, undeveloped, etc.): re 9 deI � lu ,
6. Describe proposed work (include discussion as to how hardening of shoreline has been
avoided, or why it is necessary): M rP --�)r n_ n
C I h wry' -04
FORM: SSGP 09-2020
Page 2 of 5
7. Will work be conducted from land? ❑ From water?
8. Total amount of impacts below the normal pool lake level / Normal Water Level
Permanent impacts (including all excavation, backfill, rip rap, retaining walls, etc.) in square feet:
Temporary impacts in square feet:
9. Total amount of impacts above the normal pool lake level / Normal Water Level and 50 feet
land -ward
anent impacts (including back fill, excavation, rip rap, retaining walls, etc.) in square feet:
Temporary impacts (temporary clearing, construction corridor) in square feet:
10. Please describe the vegetation above the normal pool lake level/ Normal Water Level and 50
feet landward to be impacted (number of trees, for instance):
11. Signature
By signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true,
accurate, and complete to the best of my knowledge and belief
• The project proponent hereby requests that the certifying authority review and take action
on this CWA 401 certification request within the applicable reasonable period of time
('C /Z/3 3
Owner/Agent's Signa ure* [15A. NCAC 02H .0502(f)] Date
Agent's signature is valid only if an authorization letter from the owner is provided.
12. Please approximately sketch the following information on this plan and provide dimensions for
each item:
a. All proposed vegetation clearing
b. 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
FORM: SSGP 09-2020 Page 3 of 5
RECEIVED
Duke Energy Excavation Permit Application Form
S E P 2 1 2023
FOR DUKE ENERGY i SE ONLY
Duke File No. _ DEQ-WATER RESOURCES
,apt. g PUFFER PER41TTINO
Application Fee S _ Security Deposit $� _ Check # _ )-)ate Recv'd . 'Tn�tTdt'; _.
Date of Duke Energy Lake Services, applicant and -or contractor on -site inspectiois DatA i S Initials G i
Date Final Protection'Avo dance Area Markings Field - Verified
Approved to Start Work B ; * : _
(Print)
Date Completion Require(_ _ Date of Any Approved Extension
Date Passed Closeout Insr action*
Initials
Initials
Date
(sign)
Initials
Any Stop Work Orders or SMG Violations" (check one) ❑Yes ONo (tf :'es, explain in PART V)
Date Deposit Refunded _ Initials Date Permit Database Updated Initials
* Forward copy of ap ►roved application (all pages, plus any attachments that Duke Energy changed) back to applicant
with Approval Lette r and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work
Orders with applies ion,
Part I. Applicant Information (Please Print)
NameV1 CA Telephone
Email address: +" 'rff"i 0--t s. ! ?0
Lake Address Mailing Address (f dif�`erent)
Contractor Compat y E _
Contractor Contact Person►l't' � � Telephone
Contractor Email A ddress: � �� % �� ► cr
LAKE LOT INFO RMATION
Lake I 0 r1C:o inty .� City, State _Tax Map No.
Subdivision Lot / Section No. Lot Size Acres
ref
Duke Energy Page 4 of 13 rev I P2? 21
Excavation Progratn
Duke Energy Excavation Permit Aimlication Form
Security Deposit F efund Information
The security deposit will be refunded after the excavation permit has expired if no violations of
the approval occur -d. The applicant will receive the security depost refund at the mailing
address in Part I un ess an alternative recipient is identified
Send the security d-posit to an alternative recipient? (check one) OYes XNo (If Yes,
include name and wailing address below.
Name:
Mailing Address:
'Tax ID:
Are there any Co -Applicants" (check one) ❑Yes ONo (If Yes, include names, street
addresses or lot nu, nbers, pier numbers, phone numbers, and email addresses in Part V —
Additional Information)
* Co -Applicants ex st when the proposed work is being done: under a single application, will be
performed by a sin) le contractor as one continuous project, find is done to benefit multiple
owners / lease hold .-rs of Project -front properties within a single development. There can be ne
more than 4 co-app icants in addition to the lead applicant on any application.
Do not continue tb a application until an on -site inspection has been conducted between a
Duke Energy Lak1• Representative and the applicant and/or the excavation contractor.
NOTE. Initialling his portion of the application by a Lake Representative in no way
constitutes approve I or eminent approval of the excavation or any other lake use permitting
activity.
Date of on -site inspection q i 3 Z3
Initials (Duke Energy) JOQ(I
(applica nt/contractor)
Duke Energy Page 5 of 13 rev 11/22/11
Excavation Program
Duke Energy Excavation Permit Application Form
Part II. Description of Project
A. Basic Informat on
1. Type of excavat on: (check one) )(New excavation ❑ Maintenance excavation
2.
3
Purpose of exca fation. (check one)
❑ Water In- ake Channel
❑ Other (sp ecifi,):
Lake user eategc ry: (check one)
❑Commercial Marina
❑Other (sp. ci i):___
,*oat Access Channel
❑ Wastewater :discharge Channel
'rivatc ❑1t.esidential Marina
❑Public
4. Max. Excavatioii Area Dimensions (ft); Length Width Depth �� 4(lvb
(Note: include addi `ional area dimensions if necessary so response to #5 belovv equals max. area
dimensions in #4)
5. Volume of Exca ✓ated Material ('TOTAL for the project): _ _ % L� —Cubic yards
6. Type of material removed (applicant determines b , field ;a le ifpractical):
7- Excavation Site trea: `r�� Acre (s) Disposal Site area: '.? Acre
(s)
t
8. Total Disturbed krea (including equipment staging area): a_ ( Acre (s)
9. Does t e project meet the requirements of the applicable General Permit? (check one)
Yes ❑No
10. Do you claim t- tie to the disposal area? (check one) [Yes *14 o
11. Do you claim t tie to the equipment staging area? (check one) ❑Yes �No
12. Are there any v,ater-treatme t facilities within 50 feet of the proposed excavation area?
(check one) ❑YF s ryli
7-1
(If Yes. specifi')
13. How will the e-cavated material be entrapped and the erosion controlled? (e.g. see attached
erosion control plav and disposal area des
n be&4 , 16yL r ead, etc 'i -4-P - -0 P
i
Duke Energy rage 6 of ; 3 rev 1 > -y2Y21
Excavation Program
Duke Energy Excavation Permit Apulication P'orm
14. Type(s) of exc, vation equipment to be used:
15. Will waters or • vetlands be irossed in transporting equipment to or from the site?
(check one) ❑Yt s Mlo
ff yes, explain)
i
16. Will return water re-enter the reservoir? (Check one) UYes 4No ON/A
(If Yes, sfeci oin'(sj of re-entry and shot, on Excavation _(rea Drawing)
I �
17. Is there an existing facility (e g. pier) that access is being maintained to by conducting the
excavation? OYe sPi�Nro
(If Yes, provide the xrsttng perrnit number. Iffo, include a scaled draining of the proposed
facility), Permit
18. Total planned duration of the wdr Include first a u' n ?, - -
p ( J q tp t . nt mobilization, excavation
anon
through final mitiga (ion measures complete):
START _ �' 7 / _Z�_ FINISH _--) / —
(MOr th) (Year) (Month) (Year)
Duke Energy Page 7 of 13 rev 11/22:21
Excavation Program
o 3,
I'ac fb...Icwing table in-r-hidmigor aJ land, amaF aad aqjoin,:-,,p arca',
Areas
jela V:,
a, sera -Tip.,
1A
&
e
NIA;
c. E-A:vf:mctai Arcs is- i6enfifled by
DFI-ikc Enema
Aert;fl,.!J by
ergy
,�
A
fq A
AvaOd (A0 or
Duke E.-.,ergy Naga 8 of 0 rcv 1!02/2021
Ex atia,.ion Pwg-ann
Dyke Energy Exegvatcp Permit AppI Jon qrm
'2rotectiozi/Avaidmce Arras App-oz n
,fhvck all Mal qpplv)i Acre
h. Impazi Minimizatien Zones as
jrierfified 1-�-uke Energy
Othe:7 arms requiring specific
avoidance, nratoc!:c,-, of mitigation (sperify)
or "Field -'D" col-um.r, specify entity, or person t1at perforined the dent xat.ion and -how it was physi.--Aly ma:-ked (c.g. Duke
Hriergy (Johr, Doe '?ink and purple -ducted tape, -C Corps of Eng. (john Smith)/ yellow fagging). Fo7i- "Wofk Area Dwg M" column,
sho-w the symbol t%a-I is used on the drawings co identify the protection/avoidance area.
*'A List and atack mitigation plans
Duke Energy Page 9 of ! 3 rev 11/22/2021
IS%z.rvat-on Progrw,
Duke Eneray Excavation Permit Application Form
C. Applicant's S!'g latures
Comments -
Applicant Name (jrint V L-
___
Applicant Signature*r . ��i, , Date
Co -Applicant Name (print) _
Co -Applicant Sigr ature* _ _ _ �. Date
Co -Applicant Name (print)
Co -Applicant Sigr ature* Date
Co -Applicant Nance (print)
Co -Applicant Sigr ature* -, Late
Co -Applicant Nan►e (print)
Co -Applicant Sigt ature* --__ Date
*Per my signature, the information provided in this application is correct to the best of my
knowledge.
Duke Energy Page ' C of 13 rry 31 22,20? 1
Excavation Program
TO WHOM IT MAY CONCERN:
SAMUEL GOODSON GIVES AUTHORIZATION TO SHANNON MILLER WITH LAKE NORMAN DREDGING &
MARINE CONSTRCTION TO USE PROPERTY LOCATED AT 6790 KIDVILLE RD, DENVER NC 28037 FOR
DREDGE MATERIAL DISPOSAL SITE.
PARCEL NUMBER- # 3694021277
SAMUEL GOODSON
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DEED BK-2337-730
\ 75 ACRES BY DEED REMAINING ; W
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NEW
BOUNDARY
SURVEY
for
SAMUEL T. GOODSON
CATAWBA SPRIN08 TOW148HP
LINCOLN COUNTY. NC
APRIL 17. 2016
SCALE: t• • 200'
tC�
PROPERLY INFORMATION:
PHYSICAL ADDRESS:
6792 VJDVLIJE ROAD
EL WT As
mu
DENVER. NC 28037
PIN 1:1694023379
FEMA: ZONE Z
MAI' 0 37103694DQJ
ZONING: RT
OWNER INFORMATION:
SAMI.EL T. GOODSON
MATING ADDRRS•N:
6790 GOOMN ROAD
DENVER. NC 28037
PUT NOTES:
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HILL 3101
HELTONO
LAND BURVEYINO
704-634-9354
J W H(LTOHLLC®AOL.COM
JACOB t. HELTON. PLS
1704) 634-9354
7345 FORNEY HILL RD
DENVER, NC 28037
DEED AND PUT REFERENCES:
DR 2337 PG: 730
DB: 922 PG: 575
DO: 17E PG: 472
PB: 13 PG: 439
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nµrxulaa Tilton, dad damrn odklMuse ba..4.6.and—eyed 47e c4+ly bdk.W r drmwe(bow
dad nfamm rsNd): dsa IM Mio of p—ist. se.kwYsed k 1:10000d; Ihn Ihn plat — Peprmd in
momlduoe with G''47-30 r ameadd. Who —ay adSW Mpeaae, nottration amber and Nat IN417 dry
'\ mfAtwll, 2019A.D.
That
the suety is of another category, such as the recombination of
(1RTDlSAjE_O£ OIN �1'ayD_BEBIfAt14N existing parcels, a court -ordered survey, or other exemption or
i (We) hereby cerU(y that I am Iwe are) the owuerls) I exceptlun to the definition of Subdivision.
of the properly shorn and described hereon and that I Jacob BelLon 4/17/2010
(We) hereby adopt this plan of subdivision with my MANKJE _�—
Our) free coraent. i MM. Iw >'-
,____
Date Properly Owner ! 1tl>n °w••• ♦c,+
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BOOK 2 3 3 7 PAGE 730 009253
Filed
Date: August 28 2012 Pgs :
Time: 2:06 PM Recording Fees
Book: 2337 $26.00
Page: 730
Danny R. Hester
Register of Deeds
Lincoln County, NC
2337 0730 201209253 DEED
11111111111111111011111111111
Prepared by: Richard E. Jonas, Attorney at Law, Lincointon, NC
✓ After recording mail to: Grantee
2c,(4)
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF LINCOLN
Deed of Gift
This deed made this afr day of 0,L4-!2 , 2012 by and between
KATHLEEN GOODSON FISHER, FKA KATHLEEN GOODSON
hereinafter referred to as "Grantor' and
SAMUEL THOMAS GOODSON
Address: G % 9 0 ICcd'f4 12-1
a a" -AC ;XIrd37
hereinafter referred to as "Grantee."
The designation "Grantor and Grantee" as used herein shall include said parties, their heirs,
personal representatives, successors and assigns and shall include the singular, plural, masculine,
feminine or neuter as required by the context.
Boou 2337PAGE 731
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto
the Grantee in fee simple, all that certain lot or parcel of land situated in Catawba Springs Township,
Lincoln County, N. C. and more particularly described as follows:
All of Tax Parcel U700 being all of the Keith Goodson helm properly on the
southwestern side of Kidville Road, the same being property described In deed
recorded Book 378, Page 381, Book 512, Page 873 and Book 603, Page 70, to which
deed reference Is made for further description which Is Incorporated herein by this
reference.
See also Exhibit A for further deed description.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereunto belonging to the said 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 dear of
all encumbrances, and that Grantor will warrant and defend the tide against the lawful claims of all
persons whomsoever except for the exceptions hereinafter stated. Tide to the property hereinabove
described is subject to the following exceptions:
Valid and enforceable reservations, restrictions, conditions, easements and rights -of -ways in
the record chain of title.
The draftsman of this deed did not examine or certify title and did not participate in the closing
of this transaction.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
Kathleen Goodson Fisher
B* 2337PAGE 732
NORTH CAROLINA,
COUNTY OF LINCOLN
I, a Notary Public for said County and State do hereby certify that Kathleen Goodson Fisher
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and Notarial Seal,
2012.
My Commission Expires: G-4—(Lf
this the of Sr day of 91
Notary Public
wK 2337PAGE 733
EXHIBIT A
Parcel 34700
6792 Kidville Road
TRACT 1: BEGINNING at a stake on West side of a branch in Susan Keever's line, and
runs North 65 % deg. East 93 poles to a white oak; thence North 3 deg. East 47 % poles
to a stone; thence North 25 deg. East 45-7/8 poles to a stone on West side of
Lincolnton Road, thence North 9 deg. West 22 poles to a stone; thence North 62 % deg.
West 6-3/5 poles to a stone; thence South 16 deg. West 8 % poles to a stone; thence
North 78 % deg. West 11-1/5 poles to a stone; thence South 86'/z deg. West 29 %
poles to a stake in the Road; thence South 81-3/4 deg. West 29 poles to a stake in the
Road; thence South 44 deg. West 37 poles to a dogwood near a branch; thence South
72 deg. West 22 poles to a cedar; thence South 66 deg. West 46 poles to a stake in the
branch; thence, down the branch as it meanders, to the beginning, being about 99'/z
poles, containing 85 acres, more or less.
Deed Reference: Book 379, Page 381.
TRACT 2: BEGINNING at an iron stake, a new comer on the old line of C.A. Keever
and also corner of the property of Keith Goodson, and runs thence with Keith
Goodson's old line, South 89 deg. 10 min. 24 sec. East 482.63 feet to an iron stake,
Keith Goodson's old comer, thence North 1 deg. 34 min. 21 sec. East 69.25 feet to an
iron stake a new comer in the old line at the edge of the right of way of State Road No.
1381, thence three (3) new lines with the lands of C.A. Keever, South 41 deg. 58 min.
17 sec. West 32.85 feet to an iron stake, thence, South 64 deg. 24 min. 18 sec. West
29.52 feet to an iron stake, thence South 86 deg. 42 min. 23 sec. West 436.61 feet to
the point of BEGINNING, containing 0.20 acres more or less.
Deed Reference: Book 603, Page 70.
TRACT 3; BEGINNING at a point in the center of N.C. Highway #1381, new comer in
the old A.B. Keever line, and runs thence with the center of the highway South 32 deg.
10 min. East 183.5 feet to a point in the center of the highway (which said comer is
located North 78 deg. 30 min. West 27.4 feet from an old control comer), and runs
thence with other lands of Goodson North 78 deg. 30 min. West 122.5 feet to an old
corner; thence with property of A.B. Keever North 2 deg. 45 min. West 109.8 feet to the
BEGINNING.
Deed Reference: Book 512, Page 573.
you for the opportunity to provide a quote for a new dock facility. The primary goal for this project is to
new boathouse using square 8x8" pilings. The boathouse will be built using high quality, low-
nance materials along with expert craftsmanship.
JS
WV
1091
Big Wave Docks - 2746 Camden Pointe Drive, Sherriils Ford, NC 28673
(704)928-5813
Page 2 of 6
FOR REGISTRATION
J. David Granber_ryY
REGISTER OF DEEDS
Macklanburg Cow�ty NC
2016 JUN le 03:17:46 PM
6K:59 PG:469-470
FEE:S21.00
INSTRUMENT # 2015072926
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DEAMON SURVEYS °"* oe: 30102 ec: 91e
CMM POOVEY. PL503762 a Ma le K: 151 FOR . _. :
WAMDWMON,PLS#33" KEEL BAY
37" NC HIGHWAY 016 NORTH LENLEY TOWNSHIP
MECNLENBUNG (:OIINIY, 141: r. •
P.O. MOME 7� "08 PHASE ONE - MAP 1 _ •
ML 704/483MN INVOLVING PARCCL 00713276 _ � ..•rw
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Tutorials Quick Tips Report Issues More Map Apps
Parcel ID GIS ID
00113239 00113239
Address Located on Property (Postal City)
20911 CINNAMON TREE LN CORNELIUS NC 28031
Owner Name Mailing Address
ERIC C BUESING 20911 CINNAMON TREE LN
CORNELIUS NC 28031
ARPITA G BUESING 20911 CINNAMON TREE LN
CORNELIUS NC 28031
Is ownership or parcel boundary wrong? Request Change
Is the mailing address wrong? Request Change
Link To
Google Street View (Use for recent building photos)
Birdseye View maintained by Mecklenburg County
Legal Desc
L6 M59-469
Land Area
1.501 AC
Fire District
Cornelius
Special District
Fire Service B
Account Type
Individual
Municipality
Cornelius
Single Family Residential -
Land Use
Waterfront
Link To
Tax Values & Building Information
Tax Bill Information
Tax Foreclosure Properties
r Z-
AN
ts36A4V - r 41 is
For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County, NO
Electronically Recorded
2023 Jul 1412:45 PM RE Excise Tax: $ 7100.00
Book: 38249 Page: 478 - 481 Fee: $ 26.00
Instrument Number: 2023066679
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $7,I00.00Parcel•ldcntifier No. 001-132 3Q Verified by County on the day of
20
By:
MaiVBox to: Knipp Law Office, PLLC,,822! Village Harbor Drive, Cornelius, NC 28031
This instrument was prepared by: Krkn Law Office. PLLC. 8221 Village Harbor Drive, Cornelius, NC 29031
Brief description for the Index: Lot 6. Keel Bay, Phase 1. Map I
Title Company: Link Tide Group, LLC
THIS DEED made this M day of � , 20�, by and between
GRANTOR
Alan C. Cunningham and spouse, Kimberly K. Cunningham
3741 Glacier Point Ct
Prosper, TX 75078
GRANTEE
Eric C. Buesing and spouse, Arpita G. Buesing
20911 Cinnamon Tree Lane
Cornelius, NC 28031
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 The simple, all that certain lot, parcel of land or
condominium unit situate in the City of Cornelia, Mecklenburg County, North Carolina and more particularly described as follows:
See attached Exhibit A
The property heminabove described was acquired by Grantor by instrument recorded in Book 32580 page 9014.
All or a portion of the property herein conveyed includes or does not include the primary residence of a Grantor.
A map showing the above described property is recorded in Plat Book 59 Page 469.
NC•23-W929
submitted electronically by "Knipp Law office, PLLC"
In compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg county Register of Deeds.
t3.15L4y - r 4/V
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 some 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 persona; whomsoever, other than the following exceptions:
APPLICABLE ZONING.
ANY EASEMENTS AND RIGHTS OF WAY FOR SERVICE LINES, ROADS AND UTILITIES AS MAY BORDER OR
CROSS THE PROPERTY, INCLUDING THE SUBDIVISION STREETS AS SHOWN ON RECORDED PLAT.
ANY EASEMENTS RESERVED IN THE RESTRICTIVE COVENANTS, INCLUDING HOMEOWNERS ASSOCIATION
PROVISIONS.
APPLICABLE RESTRICTIVE COVENANTS OF RECORD AND STREET ASSESSMENTS.
2023 REAL PROPERTY TAXES.
Title to the property her+einabove described is hereby conveyed subject to all valid and subsisting restrictions, reservations,
covenants, conditions, rights of ways and easements Properly of record, If any and cument year ad valorem taxes.
IN WITNESS WHEREOF, the Grantor has duty executed the foregoing as of the day and
AOJ
I
Name•
J1-
Name-JrA6rlv K.
Cunnktoham
first ahew written.
(SEAL)
(SEA-)
State of 44, - County of P1 et C Af at i•. fS&
1, the undersigned Notary public of the County and State indicated, certify that Alan C. Cunningham individua ft @Ad as agent
for Kimberly K. Cunningham personally appeared before me this day and acknowledged thS #ue execution of the foregoing instrument
for the purposes therein expressed Witness my hand and Notarial stamp or seal this day of dTL k
203 2 !
My Commission Expires: / fl /2D2 jR
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OF
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COUNN.``,,••�s�.
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Notary lic
NC-23-OM8
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State of ) v L' Countyof /-t trIh st b %. r S
1. the undersigned, a Notary Public for County and State indicated, do hereby certify that Alan C.
Cunningham, personally appeared before me in his individual capacity and as agent for Kimberly K. Cunningham
this day, and being by me duly sworn, says that he/she executed the foregoing and annexed instrument in his
individual capacity and on behalf of the said Kimberly K. Cunningham and that his/her authority to execute and
acknowledge is contained in an instrument duly executed, acknowledged, in the office of the Register of Deeds in the
County of Mecklenburg, State of North Carolina simultaneously with this instrument, and that this instrument was
executed under and by virtue of the authority given by said instrument granting her power of attorney. I do further
certify that the said Alan C. Cunningham acknowledges the due execution of the foregoing annexed instrument for
the purposes expressed, for and on behalf of the said Kimberly K. Cunningham and in his individual capacity.
Witness my hand and official seal, this day of 2AL3
(SEAL)
Notary Public: 'twoN„mnpp"02100
THR
My commission expires li� / Z� �•'A,,•,,`�P"a ,�,���'
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EXHIBIT "A"
L,e al D d :
BEING all of Lot 6 of Keel Bay Subdivision, Phase One, Map I as shown on map thereof recorded in Map Book 59 at Pago 469 in the
Mecklenburg County Public Registry.
001-132-39
Phvsleal Addreu:
20911 Cinnamon Tree Low, Cornelius, NC 29031
NC-23.OMS
( 4TAWBA RIPARIAN BUFFER NOTIFICATION FORM
Project Name/address: ��� - 1 l"1 _ County:. 491 ? J L yC
Owner: �" C.�-!Y1 C — -_ � —
Print Sig , re i
Contractor/agent: S
,riot Signatr�
The approval is for th ! purpose and design described in your application. Impacts not indicated in the
application is a violatioi of the Buffer Rule. Site specific work shoulc be provided in the application. [15A NCAC
02H .0506 and 15A NO -- 02B .0243(g)1
Trees are not allowed t , be removed from Zone 1 of the Buffer (wil hin 30 ft of the full pond elevation), unless
approved. Exception, 0 )se trees that are severely undermined along the immediate shoreline can be removed.
Minimal shaping and sl ping along the immediate shoreline is allow?d. [15A NCAC 02B .0243(6)
Benching and grading ii the buffer is not allowed. Excessive disturb; ince of ground cover. [15A NCAC 02B .0243
(6)]
Beaches, impervious pr ios, impervious walkways, etc. are not allowed in the buffer unless specifically approved
by the Division. There re limitation on size for decks. [15A NCAC 0 !B .0243(4) and (6)a
Work to be conducted rom land must indicate an access and indicate any trees that are to be removed. The
work corridor should b described. The approved access corridor 0 all be restored. Staging, spoil, construction
material must be outsit e the buffer. [15A NCAC 02H .0502 and 1SA NCAC 02.B ,0243 (4), (6), (g)l
Stormwater cannot be piped or channeled for direct discharge to the lake. All constructed stormwater
discharges must be at he natural elevation and discharged prior t ) entering the buffer directed as diffuse or
sheet flow at non-erosi a velocities to the lake. [15A NCAC 02B .021.3(5), (6))
Acknowledgement of ! atlflcation
i, l- `ram C hereby state that I lave heen informed of the Catawba
Riparian Buffer Rule. A iy work c:ondu .tell ;n the buffer, not specifically stated in the application and approved
by the Division of Watc • Resources ( R), is a violation and subiec to enforcement. Due diligence will be
taken such that the cor struction will be built within substantial compliance and intent of the 401 Water
Quality Certification ar i buffer Rules, the approved plan(s) and specifir_ation(s), and other supporting
materials.
Signature (owner)'
AGENT AUTHORIZA I 7ON rORM
PROMRrY LEE 4L MSCIUMION:
I-OT W). PI AN NU.
ST'RM,' F-ADURI S!�:
I
PARC I U):
plu&sc priat
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Propaty Ovnw,
The tmxlemg ii J, unisIm'PA pvVerty owrKrs of the ahow, xAL,-d pmperty, do hereby aWxviize
oo I n
(CAxtracinr P x!nt) f (Name- of xAwAing uTn)
to ad on my b baff af od take all rxljoris o=-!!;WY for tbe. F rrxMssirs izr la- and 4,xmEjAancp, of
fts permit or ( �tffkafion &od any and A c;4tfxWd and qx Oat awdftkxr- atladiW-
PropertV Ownc- -s Addn---.-, (if Oterent thm i propefty abfwe: :
q YU2
We hereby (ii ft ttw, abo� WdbnroW subradt" I in Mis i ipf*caW i is tw and i*=rdW to ttre
t*--,t of mir lax wIvAW.
Audx)riz&Sig taUsre
Date:
03
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I
Excavation Project User's Agreement Letter
(Please fill in the blanks.. Please Print)
Date
TO: Duke Energ
c/o hake Se: vices - EC l 2Q
526 S. Chur h Street
Charlotte, N :, 28202
RE: Excavation `or (Subdivision and
�^Lot _t#'s or Other Pro ect Name)
rS "� Cl 1 _ t n. �v..t�i ijM"�':4 0_7__. 7 � i�$":a � �%_ _.. (: � � ;r i�?�� 4 L a� �.Z _._�_._. € L.l 4�,.1 "J
(Lake/Coup i'l0t)
(Applicant's f ill ns ne) s ';�.�s'_�"1 - hereby agrees to comply with all
recommendations, requirements and/or cond7itiZWs of Duke Energy, General Permit(s) (if
applicable) and oth r federal, date and local a ency requirements pertaining to the application to
excavate for the pu _pose of a
In addition, I/ive lave read and agree to comply with Duke Energy's current Shoreline
Management Plan SMP) or ether applicable guidelines, mitch of which is repeated herein, and
understand that wri ten authorization roust be obtained from Duke Energy prior to beginning any
activity within the ederal Energy Regulatory Commission (FERC) project boundary or on Duke
Energy property a; yociated with a reservoir, collectively referred to as Project Boundary. The
excavation will be :ompleted as described in the approved application and within eighteen (18)
months from the d::e of written approval by Duke Energy, t nless specifically noted otherwise in
the application or c iless .lhve obtain approval for a single, tune extension (maximum of one year)
in writing from Dt: ce Energy. I/we understand that if the S vIP or other applicable guidelines or
rules change durir U any extension period, Ilive will be expected to comply with the new
requirements to the maximum extent practicable. Iiwe also recognize that failure to complete the
excavation within t its build -out period will require the filing of a new application within the then -
current SMP or od �!r applicable guidelines and the new application must include any applicable
fees and security d. posits.
Vive attest to be the owner(s) or lease holder(s) of the land it-Ymediately adjoining the Project
Boundary where t1 : excavation activity is to take place, or i'not the owner or lease holder, Ywe
have included proc 'of title to the property and written authc ri,zation front the owncr(s) or lease
holder(s) to carry c .it the proposal within the Project Boundary adjacent to their land.
Ywe attest to be tht owner(s) or lease holder(s) of the land tl.at will be used for equipment
staging and dispos: I of excavated material or if not the owns r or lease holder., Ihve have included
proof of title to the property and written authorization from lie owner(s) or lease holder(s) to
carry out the work )n their land.
nit. e-,Zy Page t R— 4 6 ciao
Ave understand tha all excavation work must be dome direct: y in front of m.v/our property and as
specified in Duke E :ergy's approval.. I/ive also understand t1 at access channels must tun
perpendicular to the shoreline while within the third of the cc ve area that is nearest my/our
property.
I/n,e understand tha for proposed excavations, Ihve must not fy the appropriate local, state and
federal agencies in; dvance of the activity by sending them a completed copy of Duke Energy's
Excavation Permit . ,pplication Norm and other required information. I/we understand that
written authorizatio i and/or other permits may be required b:, some of these agencies and such
required authorizati ins must be obtained before 1/tve submit the final application to Duke
Energy.
At FERC-licensed i-servoirs, I/we understand that except foi maintenance excavations, any
excavation exeeedi g 2000 cubic yards of material removed ar any excavation or shoreline
stabilization work r ceded to support an application that requ res FFRC review does itself require
specific review and approval by the FERC, before Duke Energy can issue any approvals.
I/we agree that unk ;s specifically approved otherwise in the application, explosives will not be
used as part of this xcavation activity.
1/►ve understand the every reasonable effort must be made tc minimize any adverse impact on
fish, wildlife and o° ier natural resources.
I/ive understand the applicants in South Carolina proposing-xcavations that are not covered
under the General 1 ermit, or are greater than 150 cubic yard;., must receive prior written
authorization from he South Carolina Department of Health and Environmental Control
(SCDHEQ or the 1 S Army Corps of Engineers (as applicai11e) before submitting the completed
application to Duki Energy.
1/we agree that exc vation activities will not occur during tho months of March, April, May and
June because oftht potential impacts to fish spawning areas
1/we understand th; trees and vegetation growing within or adjoining the lake play an important
role in its overall e vironmental condition, and the ecologic,.l benefit the vegetation has on fish
and wildlife habita directly supports a sound and healthy lake envirciument. I/we also understand
that unauthorized r moval of shoreline vegetation (e-g. button bushes, willows, cattails, etc.)
and/or disturbance )f the shoreline buffer may result in susp.nsion or denial of lake use
permitting request, forfeiture of security deposits and requi •e re-establishment of vegetation at
my/our expense, p,-ticularly if the disturbance is found to bt in violation of state or local
ordinances or imps :ts FERC project buffers.
1/we agree all exca ated material will be placed in upland .ar gas, landward of the Project
Boundary, and con fined to prevent erosion and sedirnentatic n back into the lake or nearby
streams.
nuke rn"gy Page 2 Re,:4 6 auzo
Ave agree to adequ, rely stabilize all excavated material and < 11 disturbed shoreline to prevent
erosion and runoff i to the lake,
Vive understand tha- the double handling of excavated materi it will not be allowed; therefore, all
excavated material i iust be placed above the Project Boundai y in one handling.
Ave have designed he hydraulic excavation process (if any will be used) so that return water re-
enters the lake in th same general vicinity and cove as the e) cavation, to the maximum extent
practicable.
IAve agree that the 1 :•oposed. excavation will not be for the purpose of creating additional
shoreline, will not a ter the Project Boundary or the full pond contour, and will not impact
threatened or endan lered species, historic: properties, or environmentally -important areas, unless
special public entit. provisions were made in the application
I/we recognize that t is my/our responsibility to clearly locat ; 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 Are s, Natural Areas or Impact Minimizatior 'Zones as identified by Duke
Energy; jurisdictior 31 wetlands; historic properties; rare or t1. reatened species; and buried gas,
water, sewer, elects c or communications lines. I/we agree to provide mylOur contractor with a
copy of these work :.rea drawings showing these areas to strc ss the necessary protection
measures.
Five agree that if at �i archaeological resources (e.g, pottery swards, Indian artifacts, etc,.) are
discovered during t ie excavation, work shall be halted immediately. Ilwe will then notify Duke
Energy and the Sta- , Historic Preservation Office to determi ie what measures, if any,11we must
pursue to protect of salvage the archaeological resources.
1/we agree that any ,xcavation from within the Project Boun lary will not exceed the volume as
outlined in the appl cation and will remove and disturb 2nly what is absolutely necessary to
achieve the project i stated purpose.
IAve agree to be ful y responsible for the permitted lake use: ind I `we understand that this
responsibility is co .sidered to transfer automatically along with ownership and leases of the
adjoining tract.
I/we understand Di ke Energy representatives may issue Sto;) Work Directives for violations of
the SMP or other a .plicable guidelines and other consequen ;es may result from such violations,
including but not li nited to suspension or cancellation of ap 3roved penriits, increases in fees,
modification or ter .oval of non-compiying structures and re ;toratiori of disturbed areas at my/our
own expense or to< i of any consideration for future lake use permits. 11—we agree to immediately
comply with any S ,)p Work Directives, to fully cooperate u ith Duke Energy and other agencies
as necessary, and t perform the necessary remedial actions within the specified time frame,
Duke rix:rty Page 3 R.,, 4 &'2020
11we agree to develc ? any required mitigation plans and to complete any required mitigation
activities at mi,'our -wn expense within the specified time frames. 1/we recognize that the
excavation work is � of considered complete and deposits wit not be refunded until the
mitigation requirern °nts (if any) have been satisfactorily fulfiaed.
I/xQ agree to notify :)uk� _,ner S Ur hrme when the excavation is initiated and to ensure that
duringthe excavatis q period, IhIve will Host Duke Energy's a )proval letter in a clear waterproof
bag_at theIob site a d visibic from the water's eLj e.
I/ive agree to notify Duke Energy in writing when the excavation is completed (including any
required mitigation neasures) and that the excavation was cc mpleted per the approved
application, so a cic sc-out inspection can be perrorrned.
I/we recognize seci yty deposits will not be refunded if any v iolations of the SMP, other
applicable guidelin, s, or this user's agreement occur.
I/w-e understand the e will be no change in hydro) project ope-atioris as a result of the excavation
and/or utilization o the excavated area.
Uwe agree to maint in the work area in a safe condition and o fully indemnify and save Duke
Energy harmless fry m any and all claims, liability, loss or damage that may arise from this
excavation project.
IAve understand the this user's agreement does not, in any u ay, constitute the transfer of any
rights in real prope ty and that inrv/our use and enjoyment of F RC project and Duke Energy
lands and waters s`r Al not hinder the general public's lawful use and enjoyment of the same.
Sincerely,
Applicant's Nam (Print)
Co -Applicant's 1 :ame (Print)
Co -Applicant's P ame (Print)
Co -Applicant's r ame (Print)
Co -Applicant's r ame (Print)
-- Applicant's Silture
C O-Applicant'! SigTature
-- - Co -Applicant', Signature
- Co-Appli,wC: Signature
Co�Appl!:ant': Sil;natr,re
Dukc Fm ny Page 4 Rc,: 4 6'2020