104 Fairfax Court (Iredell County) (6)

Baker, Caroline D
From: Carolyn Lamascus <[e-mail]>
Sent: Thursday, July 6, 2023 8:25 AM
To: Broadway, Chad
Cc: Brian Lamascus; Whitaker, Dennis J; Kluttz III, Joseph R; Hoy, Amie
Subject: RE: [EXTERNAL] FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax
Court (Iredell County)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Good morning Chad,
I spoke to Arnie yesterday. One surveyor said he may be able to do it tomorrow. I'll keep you updated. Thanks
Certified Escrow Officer
Pacific One Escrow, Inc.
3714 Sunnyside Drive, Suite B
Riverside, CA 92506
[phone] direct
[phone] ext 103
[phone] fax
clamascusPnacificoneescrow. com
www.12acificoneescrow.com
From: Broadway, Chad <[e-mail]>
Sent: Thursday, July 6, 2023 7:35 AM
To: Carolyn Lamascus <[e-mail]>
Cc: Brian Lamascus <[e-mail]>; Whitaker, Dennis J <[e-mail]>; Kluttz III,
Joseph R <[e-mail]>; Hoy, Arnie <[e-mail]>
Subject: RE: [EXTERNAL] FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell County)
Ms. Lamascus,
Based on the reference included in the exhibit (PB: 66, PG: 147) it appears the surveyor in the exhibit you provided
(Geomatic Concepts) used a plat book reference for the 760-contour instead of field -locating it. The 760-contour (FERC
Project Boundary) is a field -located elevation that must be based on National Geodetic Vertical Datum of 1929. The
bright green line in the image I initially provided you represents our internal mapping of the FERC Project Boundary /
760-contour and is the information filed with the federal government for our operating license. Even based on the
exhibit you provided, the impacts you completed continue to be both within the FERC Project Boundary and the Duke -
owned parcel in front of it, so the survey requirements are still applicable along with the prohibition of activities within
the FERC Project Boundary and other requirements detailed in my initial email.
Regarding the link you provided, the map is our public -facing Shoreline Management Plan map that details the current
shoreline classifications for our reservoirs and it does not provide the full pond contour. For our mapping, shoreline
classifications are always projected lakeward (toward the lake) of the location of the FERC Project Boundary / full pond

contour. I've included a wider view below that shows the classification (Environmental, orange line) you found on our
website in relation to the FERC Project Boundary (green line).
Please continue to keep me updated on your timeline to commission a surveyor. If you have not yet spoken to the
Division of Water Resources (DWR) regarding this matter, then I would recommend that you reach out to Amie Hoy with
DWR. I've copied Amie on this email.
Chad Broadway I Lake Services Representative
Duke Energy Lake Services
526 S. Church Street I Charlotte, NC 28202 1 EC12Q
[phone] 1 [e-mail]
t DUKE
From: Carolyn Lamascus<[e-mail]>
Sent: Monday, July 3, 2023 5:16 PM
To: Broadway, Chad <[e-mail]>
Cc: Brian Lamascus <[e-mail]>
Subject: [EXTERNAL] FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell County)

Hi again,
I know you're out of the office, so I assume you'll see this when you get back. When I click on the below link and put in
my address, the 760 is very different in the link and the attached plot map then your view below. I'm just trying to
understand everything. Your guidance is much appreciated. I'll talk to you when you get back. Thanks
Catawba-Wateree FERC SMP (arcgis.com)
ei?we" Z"14�
Certified Escrow Officer
Pacific One Escrow, Inc.
3714 Sunnyside Drive, Suite B
Riverside, CA 92506
[phone] direct
[phone] ext 103
[phone] fax
[e-mail]
httl2://secure-
web.cisco.com/16mUmXUt8o9g7nDi82zgBoGz99nBuwXgRWyGMistwOAHGpY9SixVdz4bwY9GR00LIS217LroCX3
RTD1 CnyREpaAuxbV48Qou8K1 EwnWGBBuGo5blAgTNntavQgNvU-3ISDAxEMNr-
ZWVXVpTWOekx7dzOghO44gv4qKNuHRjKIVhUmb3UAq1V19T xy3pA DRSzvZQNGTtjtS6mNGh743PGyjOLBAU1kG
AMYOsQVLEHRdx nF52AjsCQWZeSfmFrBe3T-mwkxvdF199Mzgw9LYK-
ZT6fO8IBiZcepzrLddWvHjNenCAxKgW9OFpw4bOyyfxsaYbGAfv9Ru-3pri0-
a81cF RLzPSOH60Hp2uRF7jfr12KUbvHW1EWE D36hYrhWGsoUprM7XaH6eeUI9lg5t68GPTE3tMR2HnHhBxIEXL
Hcrx-7cVRwL6bC6lsM QE/http%3A%2 F%2 Fwww.pacificoneescrow.com
From: Carolyn Lamascus
Sent: Monday, July 3, 2023 4:27 PM
To: [e-mail]
Subject: FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell County)
Can you call me on this? I have a question. Thanks 909-227-1817
Certified Escrow Officer
Pacific One Escrow, Inc.
3714 Sunnyside Drive, Suite B
Riverside, CA 92506
[phone] direct
[phone] ext 103
[phone] fax
[e-mail]
http://secure-
web.cisco.com/16mUmXUt8o9g7nDi82zgBoGz99nBuwXgRWyGMistwOAHGpY9SixVdz4bwY9GR0OLIS217LroCX3
RTD1 CnyREpaAuxbV48Qou8K1 EwnWGBBuGoSblAgTNntavQgNvU-3ISDAxEMNr-

ZWVXVpTWOekx7dzOgh044gv4gKNuHRjKIVhUmb3UAq1V19T xypA DRSzvZONGTtjtS6mNGh743PGy-jOLBAU1kG
AMYOsQVLEHRdx nFS2AIsCQWZeSfmFrBe3T-mwkxvdF199Mzgw9LYK-
ZT6fO8IBiZcepzrLddWvHjNenCAxKgW9OFpw4bOwfxsaYbGAfv9Ru-3pri0-
a81cF RLzPSOH6OHp2u.RF71fr12KUbvHW1EWE D36hYrhWGsoUprM7XaH6eeUI91g5t68GPTE3tMR2HnHhBxIEXL
Hcrx-7cVRwL6bC6lsMQE/http%3A%2F%2Fwww.pacificoneescrow.com
From: [e-mail] <[e-mail]>
Sent: Monday, June 26, 2023 3:00 PM
To: Carolyn Lamascus <[e-mail]>
Subject: FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell County)
From: Broadway, Chad <[e-mail]>
Sent: Monday, June 26, 2023 10:55 AM
To: [e-mail]
Cc: Hoy, Arnie <[e-mail]>; Burkhard, Michael <[e-mail]>; Whitaker, Dennis J
<[e-mail]>; Kluttz III, Joseph R <[e-mail]>
Subject: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell County)
Ms. Lamascus,
To follow up on our phone conversation from a few minutes ago, I visited the area in front of your property on Friday,
June 23rd and observed a number of unauthorized impacts within the FERC Project Boundary of the lake. The FERC
Project Boundary, which is generally defined by the 760-elevation full pond contour, is the federally regulated boundary
of the lake and certain activities/impacts are heavily restricted or prohibited. For your reference, I have included an
aerial image below that represents the location of the FERC Project Boundary (the bright green line) in relation to your
home and the metes and bounds of your property (the yellow lines). While a portion of the FERC Project Boundary is
located on the metes and bounds of your property, the same rules and restrictions for impacts would apply regardless of
property ownership.
Based on our conversation, it is my understanding that you did not understand the applicable restrictions for this area
and you hired a contractor to clear the understory to facilitate planting of turf grass. As we discussed, there is no
provision to be able to remove vegetation within the FERC Project Boundary except for trees that present an imminent
danger to life or a structure. Separately from that, you also hired a contractor to construct a river rock ditch to address
drainage concerns. Both of these items are a violation of our Shoreline Management Guidelines and must be
corrected. To resolve the violations, the following items must be completed:
• You must hire a Professional Land Surveyor to stake the location of the FERC Project Boundary along and within
your property. The surveyor must stake the FERC Project Boundary within regular / close intervals, particularly
in areas with more curve/bend like the area near your home.
• The river rock drainage channel appears to be within the FERC Project Boundary. If the surveyor confirms this,
all portions of the drainage ditch within the FERC Project Boundary must be removed.
• Turf grass is not eligible to be placed within the FERC Project Boundary. Plans to plant grass within the area
identified as FERC Project Boundary must be abandoned.
• All impacts within the FERC Project Boundary must be ceased immediately and the areas must be allowed to re -
vegetate with natural vegetation
• You must submit a letter to Lake Services acknowledging that you understand the restrictions of the FERC
Project Boundary and that you will not complete additional clearing/cutting of vegetation (including spraying of
herbicides/pesticides) or commission a company to complete clearing/cutting on your behalf

Ongoing impacts and planned impacts must be ceased immediately, but we are offering a 45-day timeline for
completion of the survey and removal of unauthorized stone. Please let me know when you have hired a surveyor and
keep me informed of their timeline. Per your request, I have included three companies below that are known to
complete lake -front surveying work on Lake Norman. Please note that these are not recommendations or
endorsements and any licensed surveyor is capable of completing this task. I would recommend that you complete your
own due diligence prior to hiring a surveyor.
• Lake Norman Surveying
• Dedmon Surveys
• Don Allen and Associates
If the corrective actions are not completed in a satisfactory manner and/or if the timelines are not met, then Duke
Energy— Lake Services may also require the following action:
• Submittal of an Engineered Restoration Plan designed by either NC registered professional engineer,
Landscape Architect or a certified Wetland Specialist. The Restoration Plan must detail how you will
restore the Project Boundaries back to the pre -violation condition. The Restoration Plan must include
the timeline for completing this work; the location and condition of existing vegetation; the types of
native woody vegetation you will use in the restoration of the Project Boundary; and the date by which
the Project Boundary will be restored. The plan must incorporate the planting of 2" caliper trees at a
rate determined by the impacted area.
Regarding impacts within the 50-foot Catawba River Riparian Buffer and your questions about the buffer, I've copied
Amie Hoy with the NC Division of Water Resources on this email. Please work with Amie on any questions regarding the
buffer and for resolution of any issues within the buffer.
Let me know if you have any questions about the items detailed in this email. We will also be following up with certified
mail notifying you of these violations. Thank you for your cooperation in addressing this matter.
Image detailing the FERC Protect Boundary:

I
Chad Broadway I Lake Services Representative
Duke Energy Lake Services
526 S. Church Street I Charlotte, NC 28202 1 EC12Q
[phone] 1 [e-mail]
6