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

Baker, Caroline D
From: Broadway, Chad <[e-mail]>
Sent: Monday, June 26, 2023 1:55 PM
To: [e-mail]
Cc: Hoy, Amie; Burkhard, Michael; Whitaker, Dennis J; Kluttz III, Joseph R
Subject: [External] Duke Energy Lake Services - Unauthorized Impacts - 104 Fairfax Court
(Iredell County)
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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:

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