RE_ _External_ FW_ Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell County) (4)

Baker, Caroline D
From: Carolyn Lamascus <[e-mail]>
Sent: Monday, July 10, 2023 9:39 AM
To: Broadway, Chad
Cc: Hoy, Amie; Burkhard, Michael; Whitaker, Dennis J; Kluttz III, Joseph R
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,
We just met with Arnie and Michael. We are working on getting them further documentation and will start the variance
process. We will remove the rocks from the specified location and would request 90 days to do so. I'm trying to get it all
done together (as much as possible). We apologize for our infractions in the 760 and 50 foot buffer area and will work to
get them remedied ASAP. We have also contacted our builder and will be pulling them into the process. Thank you for
your patience while we figure this all out.
Certified Escrow Officer
Pacific One Escrow, Inc.
3714 Sunnyside Drive, Suite B
Riverside, CA 92506
[phone] direct
[phone] ext 103
[phone] fax
clamascusCa�nacificoneescrow.com
www.12acificoneescrow.com
From: Broadway, Chad <[e-mail]>
Sent: Saturday, July 8, 2023 9:11 AM
To: Carolyn Lamascus <[e-mail]>
Cc: Hoy, Arnie <[e-mail]>; Burkhard, Michael <[e-mail]>; Whitaker, Dennis J
<[e-mail]>; Kluttz III, Joseph R <[e-mail]>
Subject: RE: [External] FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell County)
Ms. Lamascus,
To follow up on our conversation yesterday at your property, I'm sending this email to summarize our conversation and
detail the steps necessary to resolve the violations within the FERC Project Boundary. Thank you for being proactive in
contacting your surveyor and having them identify and stake the FERC Project Boundary, property lines, and other areas
of interest. Per our discussion, the following items need to be completed and/or accounted for:
• Field staking by the surveyor confirmed that a substantial portion of the river rock drainage feature is located
within the FERC Project Boundary. From my review, it appeared that approximately the first 27 feet (measured
from the pipe discharge point) of the stone -lined drainage ditch is located in the 50-foot Catawba River Riparian

Buffer and the remaining portion of the stone -lined ditch is located within the FERC Project Boundary. All rock
identified as being within the FERC Project Boundary must be removed. Please retain survey stakes within/along
this area so that I can verify the rock has been removed in the correct location.
Staking confirmed that a substantial amount of vegetation clearing / disturbance has occurred within the FERC
Project Boundary. Per our conversation, no clearing/thinning/disturbance of vegetation or soils is allowed in this
area, and turf grass is unable to be installed/maintained within the FERC Project Boundary. Given your
cooperation and speed in hiring a surveyor, we are not currently requiring an Engineered Restoration Plan for
the recent vegetation clearing, but future violations within the FERC Project Boundary would require a complete
restoration.
• As mentioned in my initial email, in lieu of restoration, you must submit a letter to Lake Services acknowledging
that you are now aware of the field -staked location of the FERC Project Boundary, that you understand the
restrictions of the FERC Project Boundary, and that you will not complete additional property improvements,
clearing/cutting of vegetation (including spraying of herbicides/pesticides), or commission a company to
complete clearing/cutting or other impacts on your behalf.
From my understanding, you are planning to have a discussion with the Division of Water Resources (DWR) on the
potential ability to retain the stone -lined ditch within the riparian buffer. I do not have an issue with you temporarily
delaying removal of the stone within the FERC Project Boundary until you have completed this discussion with DWR;
please reach out to me with your proposed timeline for removal after your discussion with DWR.
I understand that you have erosion concerns regarding the area within the FERC Project Boundary that is located
downstream / lakeward of the drainage pipe. As we discussed, I am able to consider proposals to plant native riparian
vegetation within this area, provided that a request is submitted to us in writing and the proposed species are selected
from our list of approved native species. I've attached our Shoreline Stabilization brochure to this email; eligible species
for planting are listed on pages 13-16 of the document.
Thank you for your cooperation in addressing this issue. Please feel free to reach out to me with any questions.
Chad Broadway I Lake Services Representative
Duke Energy Lake Services
526 S. Church Street I Charlotte, NC 28202 1 EC12Q
[phone] 1 [e-mail]
,tV
DUKE
From: Carolyn Lamascus<[e-mail]>
Sent: Friday, July 7, 2023 8:49 AM
To: Broadway, Chad <[e-mail]>
Cc: Hoy, Amie <[e-mail]>; Burkhard, Michael <[e-mail]>
Subject: Re: [External] FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell County)
Ok, I'll wait for you. Thanks
Carolyn Lamascus, Certified Escrow Officer
Pacific One Escrow, Inc.
3714 Sunnyside Dr., Suite B
Riverside, CA 92506
[phone] direct
[phone] x103

On Jul 7, 2023, at 6:47 AM, Broadway, Chad <[e-mail]> wrote:
It will probably be later in the morning, between 10:30 and 11:30. 1 have a few field reviews scheduled
beforehand, so the specific time may vary.
Chad Broadway I Lake Services Representative
Duke Energy Lake Services
526 S. Church Street I Charlotte, NC 28202 1 EC12Q
[phone] 1 [e-mail]
<image001.png>
From: Carolyn Lamascus <[e-mail]>
Sent: Thursday, July 6, 2023 6:26 PM
To: Broadway, Chad <[e-mail]>; Hoy, Amie <[e-mail]>
Cc: Burkhard, Michael <[e-mail]>
Subject: RE: [External] FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell
County)
Hi Chad,
We used Geomatic Concepts Surveying. Tomorrow is fine, what time? We are going out on the lake and
I want to make sure to be here when you come by.
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/1-GlgNoILSLIHgPVO-7dTyu67kNstl 3�,
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%2 Fwww.pacificoneescrow.com
From: Broadway, Chad <[e-mail]>
Sent: Thursday, July 6, 2023 2:25 PM
To: Hoy, Amie <[e-mail]>; Carolyn Lamascus <[e-mail]>
Cc: Burkhard, Michael <[e-mail]>
Subject: RE: [External] FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court (Iredell
County)

Ms. Lamascus — I'm unavailable to meet on Monday when Amie is planning to stop by, but I may be able
to stop by tomorrow for an evaluation. Please let me know if the staking work gets completed this
afternoon. Also, what survey did you use for this project?
Chad Broadway I Lake Services Representative
Duke Energy Lake Services
526 S. Church Street I Charlotte, NC 28202 1 EC12Q
[phone] 1 [e-mail]
<image001.png>
From: Hoy, Amie <[e-mail]>
Sent: Thursday, July 6, 2023 2:14 PM
To: Carolyn Lamascus <[e-mail]>
Cc: Burkhard, Michael <[e-mail]>; Broadway, Chad <Chad.Broadway@duke-
energy.com>
Subject: FW: [External] FW: Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court
(Iredell County)
Good afternoon Ms. Lamascus,
My colleague Michael Burkhard and I will come to 104 Fairfax Court to assess the situation in further
detail on Monday, July 10, 2023 around 9am. Please confirm that they have completed the staking of
the 30' and 50' from the 760' contour line mentioned by Chad before our arrival.
Best,
Amie Hoy
Environmental Specialist II
Division of Water Resources
Office: 704-235-2200 1 Cell: 984-789-0173
DWR website: https://www.deg.nc.gov/about/divisions/water-resources
<i mage002. png>
From: Carolyn Lamascus <[e-mail]>
Sent: Thursday, July 6, 2023 12:48 PM
To: Broadway, Chad <[e-mail]>; Hoy, Amie <[e-mail]>
Subject: [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
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Hi there,
The surveyor is here and staking today. Please let me know when you guys will be back out so we can
walk through everything. Thanks

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/1gK9LZ ckpBVsjvWZKn2Y6OBKKFjP-
mUHeWtuyPfVqFSijOFAcNn8AeKbGgXtgYibWBRN02TghzcniHHh7OIeUB HECG-
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HAD ,nTpKC1ZP1-i7S4MA-
HnBj3oggBGcggV2eNaEk5j3mB/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, Amie <[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:
1. 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.
2. 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.
3. 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.
4. All impacts within the FERC Project Boundary must be ceased immediately and the areas must
be allowed to re -vegetate with natural vegetation
5. 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.
1. Lake Norman Surveying
2. Dedmon Surveys
3. 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:
1. 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:
<image003.png>

Chad Broadway I Lake Services Representative
Duke Energy Lake Services
526 S. Church Street I Charlotte, NC 28202 1 EC12Q
[phone] 1 [e-mail]
<image001.png>
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