20080885 Ver 1_Application_20080529

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i
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 12, 2008
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
BD Professional Marine Construction, LLC (-;- P A I
Attn: Bill Dellinger
1249 E River Hwy M,
Mooresville, North Carolina 28117
Subject Property: Tom McClellan: Lake Norman Dredge
Application Sets - Unsigned Application
® RETURN OF APPLICATION PACKAGE
Dear Mr. Dellinger:
08 0885
MAY 2 9 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
On May 12, 2008, the Division of Water Quality (DWQ) received your application dated March 31, 2008
for the above referenced project. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
&?,DWQ hrequires five (5) complete application sets to begin the review and approval process.
e PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).

Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or me at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o,enr,state.nc.us/ncwetlands
DWQ Project: Not Assigned
Iredell County
North Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Since ly, -
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/1jd
Enclosure One (1) PCN Application
cc: Alan Johnson, DWQ Mooresville Regional Office
Tom McClellan, 243 Corona Cir., Mooresville, NC 28117
File Copy + check copy
Filename: TomMcClelIanLkNormanDredge(Iredell)_ApplSets_NotSigned_RetuAppl

The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide ser*A2 (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of 6200M ford fl
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
'?? 08 0885
Applications should be sent to: f
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650 '°-
MP? Y 2 2008
VdN?E?????nUNK DENR.WATERLUAUi7
1. Applicant Information D 9053x•`" . WETJANDSANDSTQRMWATERBRANCH
1. Owner/Applicant Information
Name: Me
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatoryauthoriy, for the owner/applicant.)
Company Affiliation:
Mailing Address:
Telephone Number: b Fax Number: _ 0, ? ?hl), 0-6ft)
E-mail Address: hd D
11. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
W
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell
US Army Corps of Engineers Avery Clay Jackson
151 Patton Avenue Buncombe Cleveland Lincoln
Room 208 Burke Gaston Macon
NC 28801-5006
Asheville Cabanus Graham Madison
,
Telephone: [phone] Caldwell Haywood McDowell
Fax: [phone] Catawba Henderson Mecklenburg
Raleigh Regulatory Field Office Alamance Durham Johnston
US Army Corps Of Engineers AlleglAy Edgecombe Lee
6508 Falls of the Neuse Road Ashe Franklin Nash
Suite 120 Caswell Forsyth Northampton
Raleigh, NC 27615 Chatham Granville Orange
Telephone. [phone] Davidson Guilford Person
Fax: [phone] Davie Halifax Randolph
Washington Regulatory Field Office Beaufort Cun ituck Jones
US Anny Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000
Washington, NC 27889-1000 C-4-
Carteret Gates
Green Martin
Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmand
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Mitchell Union
Polk Watauga
Rowan Yancey
Rutherford
Stanley
Swain
Transylvania
Rockingham Wilson
Stokes Yadkin
Surry
Vance
Wake
Warren
Wilkes
Pitt
Tyrrell
Washington
Wayne
'Croatan National Forest Only
US Fish and Wildlife Service I National Marine Fisheries Service
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 2 7 69946 1 7
Telephone: [phone]
Fax: [phone]
CAbIA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie
Brunswick Craven
Cu rrituck Hyde
New Hanover Pender
Pexquim ns
Raleigh, NC 27699-1638 Camden Dare Ouslow Tyrrell
Telephone: [phone] Carteret Gates Pamlico Washington
Fax: [phone]
NCWRC and NC Tro ut Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 ldlewild Road Ashe Mitchell Wilkes
l(mmersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey

your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
r
1. Location 1??.i Nearest W Town:
County: 1 IYldoa nI kI,
t Subdivision name or site addrel* (inchtde phasagot number, ?Ol
bii ons to site please inclu 1 road numbers, landmarks, etc. This is not
necessary if an adequate vicinity map is included Qr
6,1 l l l n wn cnv% lI - !t? v v? L nvrla, rn u?I [v t / ,rh
A
2.. Describe the existing land use or co dition `60 the site at the time of this
applidation: ^ hOM Q- D h -S 0+-
3. Properriy size (acres): acres
4. Nearest body of water (stream/river/sound/ocean/lake): Wok Norma V)
5. Describe the purpose of the proposed work: d edQ i n a am OJ ok mA J7 lff
for ??-Wr ±.rsess• -J I
6. List th type f equi ment to be-used to construct the project: f yl Q --iN 6 TVtICK
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: h5 f Q ujS
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: Wif (i(2 Ye-S
b. Please describe vegetation above the normal pool I#e lgvel and 50 feet land,-
war to be impacted (number of trees for .nstance): (QV1 W 11 11b-? 1
all %lor.4n ho- (kn-e by Ira- ll
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
W i
6
s?
Please approximately sketch the following information on this plan
(please provide dimensions for each Item, such as 10 ft x 100 ft):
1) All proposed vegetation clearing (provide dimensions).
.2) Location of rip rap or fill to be placed above the Ful Pond elevation
8) Location of rip rap or fill to be placed below the Fu0 Pond elevation
4) The location of any proposed structures such as buildings, retaining
walls docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
05-22-2008 10:44 BD PROF MARINE CONST 7046600991
PAGE2
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact F'ERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide 'es of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of a30Ar00 for d41D
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
0 8 0 8 8 5
Division of Water Quality Wetlands Unit
1650 Mail Service Center ?? ` r?
Raleigh, NC 27699-1650 I?
_ MAY 3 2 2i)i?8
E
v - we7i.iNti$ AW STOp W,4T1 n F)RANCli
I. Applicant Information
1. Owner/Applicant Information
Name:
MaiTutg Address:
Q (? .
Telephone Number: ?- Pax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorisation letter
mast be attached if the Agent has signatory authori for dtc owner/applicant.)
Name: sp D_ '
Company Aft7liation: 1 _
Mailing Address:
`??" -- -
'I I pe?''
Number:_ Or - fax Nutnbc;r: ? ? ? 9 _
E•-mail Address:_ j?J ?.??
H. Project information
Attach a vicinity map clearly showing the location of the property with respect to
local landrnarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
suiTOunding properties. You tray use the diagram below to make a hand sketch of
05-22-2006 10:45 60 PROF MARINE CONST 7046600991
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
PAGE3
1. Location
County: wed e,1( Nearest Town: IY1U Qi
r Suldivision name or site addrolls (include pbasoot number):
biiot:Aons to site please inclu? mad numbers, 1 dmar???? ete,.- "is is not
n{ecessgary,if an adequate yicinit)t map.is included - l?? e lag -` 2 17 1y"' ??
Uf?, t
2.. Deribc the existing land use or co((??dition'6¢the site at the time of this
' arnlication. 1J0 )bone, DA A S /o+
~ 3. 11 . i"prty size (acres):_? ) ACr25
4. Nearest body of water (streanJriver/sound/occan/lake): _ kfl , Norrm h
5. Describe the purpose of the proposed work: ?YQC?AI?A QYQQ-af DLMA ?n IeY_
?r bPWY- bbo.+ p,QcQSS.
6. List tlt t?e f ?i mcnt to ?uscd to ejt??el the projc?clt? f D?IQ???1 7 C ?
' ?? C.t g
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:_ _ 45 f QCg S
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) Awe the normal pool lake level and 50 feet land-ward in
square feet or acres:-JL.(Iarf-S
b. Please describe vegetation above the normal pool lfkc ljvcl a d 50 feet land.-
ward to be im acted (uurnber of trees for instance):
AorK he b Via-kr Qyl IA11? (lb 1!Y?_1Ca _
all. y--- .. .
Applic tt/Agcnt's Signature Date
(Agent's signature is valid only if an authorisation ktter from the applicant is provided.)
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
FOR DUKE POWER USE ONLY
Duke File No.
Application Fee $ Security Deposit $ Check Il Date Recv'd Initials
Date of Duke Power Lake Management, applicant and/or contractor on-site inspections Date Initials
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By • :
(Print)
(Sign)
Date Completion Required Date ofAny Approved Extension initials
Date Passed Closeout Inspection- Initials
Any Stop Work Orders or SMG Violations'? (check one) ?Yes ONO (If Yes, explain m PART V)
Date Deposit Refimded Initials Datc Permit Database Updated
Date
Initials
' Forward copy of approved application (all pages, plus any attachments that Duke Power changed) back to
applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any
Stop Work Orders with application.
t PART I - APPLICANT INFORMATION (Please Print) Tax ID' r Social Security Number ?
Name M o"
Lake Address ' . y._
??3t1"1
Contractor Company
Contractor Contact Person
Telephone qb q )
ml
r= r= a
MAY 12 2008
LAKE LOT INFORMATION DENR-1NATER QUAU11
A _ WETLANDS AND STORMN?A'TER BRANCH
= City 7U,Dfe5y i lie, State k?C Tani Map No.
Lake rl1l?L1 n County,_
Grid Section Subdivision
Lot No. W Lot Size ) ? I I Acres
Section or Phase No.
Do not continue the application until an on-site inspection has been conducted between a Duke Power Lake
Management Representative (DPLMR) and the applicant and/or the excavation contractor. NOTE Initializing this
portion of the application by a DPIAIR in no way constitutes approval or rminent approval of the cocavadon or any
other lake use permitting activity.
Initials
Telephone (7 o7) j qq - x4 ? V
Mailing Address (If different T
) '15 6)0iml ,CRqor7
Opal\L*angnitUxWpn\Eseavation\Exvapp&n2.17.04.da: Page I REV: 2/17104
Effective Date: 11/15/98
DUKE POWER EXCAVATION PERMPI' APPLICATION FORM (W NJ
l TV; (ti 5/??fw2r
Date of on-site inspection l Z Initials (Duke Power) J (applicant/contractor) -i-p ?
IV
Are there any Co-Applicants*? (chick one) DYes M o (IjYes, include mmnes, addresses, phone nos., lot nos., lot sizes
in PART V - ADDITIONAL INFORMATION)
* Co-Applic ads 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 fiont properties
within a single development. The check for the application filing fee and security deposit should be from the party shown
as Applicant and not several checks from the Applicant and Co-Applicants.
PART II - DESCRI MON OF PROJECT
A. BASIC INFO
1. Type of excavation: (check one) /New excavation 0 Maintenance excavation
2. Purpose of excavation: (check one) Boat Access Chan'l O Water Intake Chan'1 O Wastewater Disch. Chan'1
0 Other (specify)
3. Lake user category: (check one) / Private OCommercial/Res.
00ther (specify)
OCommerciaWon-Res. OPublic
4. Max. Excavation Area Dimensions (ft) Length _ Width Depth 10
(Note: include additional area dimensions if necessaryso response to #5 below equals max area dimensions in #4)
5. Excavated material (TOTAL for the project) Cubic yards 8 rf7 1
6. Type of material (applicant determines by field sa»rple if practical) 1?11V
7. Excavation Site area r D? Acre (s) Disposal Site area • 054 Acre (s)
8. Total Disturbed Area (including equipment staging area) . 09t Acre (s)
9. Does the project meet the requirements of the applicable General Permit? (check one) l9Yes ONo
10. Do you claim title to the disposal area? (check one) OYes S (No
r
11. Do you claim title to the equipment staging area? (check one) OYes ILO
12. Are there any water-treatment facilities within 50 feet of the proposed excavation area? (check one) OYes
(If Yes, spec fi)
1 No
13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and
disposal area design)
QpaNakemgmtUmppmlExcav,Won%xvapp&n2.17.04.doc Page 2 REV: 2/17/04
Effective Date: 11/15198
15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) Oyes Clo
(Yyes, explain)
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
16. Will return water re-enter the reservoir? (check one) ?Yes
Excavation Area Drawing)
(If Yes, specify point(s) of re-entry and show on
17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? OYes 17 No
(If Yes, specify the existing permit number. If No, include a scaled drawing of the propased facility). Permit #
18. Total planned duration of the work (Include first equipment mobilization thru 1 mitigation measures complete): -TA
START -01-/ FINISH
ID I
(Month) (Year) (Month) (Year) 5J?
19. Total planned duration of in-lake wok (i_e. dre gitrg and any other in4ake ground disturbance):
START ? / 1, -'_ FINISH - /
(Month) (Year) (Month) (Year)
Note: Notify Duke Power Lake Management at 100443-5193 prior to commencing any excavation
work within the project boundary.
GpalU_akemgmt\Lmppm\Excavation\Exvappf n2.17.04.doc Page 3 REV: 2/17/04
Effective Date: I I1 15/9R
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
PART II (Continued)
B. PROTECTION / AVOIDANCE AREA DESCRIPTION
Complete the following table including all land areas within and immediately adjoining the disturbed area:
Identification Method ("1
Protection/ voidance Areas ADDrox.
(check all that apply) Acreage Field ID Work Area Dwa
ID Avoid (A) or Mitigate (M)
. ""
a. Marshland, swamp, ponds, beneficial
aqu tic vegetation or other potential wetlands (circle
all that apply)
Buffer Zones (specify width & source of
requirement)

w
\Ne 'It b_

4
Wa
Sa © ai . 05
Ur
Ana
-
--NA-c. Environmental Areas as identified by Duke
Po er
d. Natural Areas as identified by Duke Power
e. Historic properties (specify)

f. Rare or threatened species (specify)

Gpai'Lakemgmt\LmppmlExcavation\Exvappfin2.17.04.doc Page 4 REV: 2/171104
Effective Date: 11!15/98
DUKE POWER EXCA4ATION PERMIT APPLICATION FORM
Identification Method ("1
Protection/Avoidance Areas Approx.
(check all that apply) Acreage Fi
ld ID Dwa
W
k A
ID Avoid (A) or Mitigate (Ml
e .
or
rea

Buried gas, water, sewer, communications
or electric lines (circle)
Mlp+h. Impact Minimization Zones as identified by
Duk Power
r4 1. Other areas requiring specific avoidance,
protection or mitigation (specify)

" For "Field ID" column, specify entity or person that performed the identification and how it was physically marked (e.g. Duke Power(John Doe)/Pink and purple-dotted
tape, Corps of Eng. (John Smithy yellow flagging). For "Work Area Dwg ID" column, show the symbol that is used on the drawings to identify the protection/avoidance area.
List and attach mitigation plans
Gpal`,LakemgmtU.mppm\ExcavationlExvappfin2.17.o4.doc Page 5 REV: 2 17i04
Effective Date: 11/15/98
01-11-'08 16:28 FROM- T-383 P004/007 F-963
Vi lV IrVi+4 ivr yL w .?t?. n w.a .? r.v r v •,rwvvrr? • .r.1?.r
QUKE_ EOM EXCA,VA 33QN P mff APPLICATt
C. AP_PIAC6a Sj(',NA'111RE-
Cc?tttntCuts:
kw?4- fti t_?rxcr c J v s?f ?e.+K {ye /? ?? L.L C
Appllaaw SipAattureo Date /-/V '_o
Co-Appikao Name (primp
Co-Appak u t SilgtaAtrt'
Co-Applicant Name /print)
Co-Applleaut Signatures
Lot0
Date
Late
Co-Applicant Nam lpn,iil . .
(4-Applkani Signatom*_.. „- , ...,
C.'n-Applicantr Now (itwom)
Co-Applicant Signaturv*
Lot ,N
„ .._?
Date
Lot a
Date
s9,?os q?? ?Gq3) /?
r?
'Per my sigmfure. tits information provided in this tsippli(4tion is Comm to the boo of my knowlCtlgt:
BILFORR YOU MAIL. THE APPLICATION TO 111*9 POWiR LAKE MAIrACp.M NT ENSME Vou nAvt;_
• C OWCK1?rt)'171C INFO 1110ttOUG11LY
, Ml_rC ALL RFOI HRF.W*NTS FORA r (We cover )comr s# oppiteotiun packcwo)
• INCLUIX-I) A SINOLF CHECK IT) DUKE POWER FOR THE APPLICATI W FILING E'EL` AND SLCUI 1Y
1.)1 POS1.1'
• INC1,1100) ALL AGVNCY PF LNM OR COI*UAP r Lt J IERS AND PJS- 1.VM AL.L J,48UL!5.IWSFj)
+ WCLUIM) ALI. REQUMM- DROMCIS, (iNCLUDQVG PROPOU D FAC1I..(171L•'S) pERmfr ft 1:UA =SnNr.
FAC31. M-:S. StJRVPVS AND PLANS
NCH )UF:1) COPiF» OF DFFI)4 AND AUni0RI7Xrf N LIf1-IERS
li?rRtakan?nuu„tea}x?'avs?i.,?Fxv ,hn2.t7.a?.Au. Psee6 KYV:117iU4
f.fir.ti.e 1)al.. t l t S yx
01-11-2009 16:33 BD PROF MARINE CONST 7046600991 PAGE4
01-23-2008 16:17 BD PROF MARINE CONST 7046600991 PAGE2
EXCAVATION PROJECT USER'S AGREEMENT LE17ER
(Please [ill in the blanks Please Print)
Date ' I ?' l' 00
TO. Duke Power, A Division of Duke Energy Corporation
c/o Lake Management - EC 12Q
P. O. Box 1006
Charlotte, NC 28201-1006
RE: Excavation For (Sr ddc Sion miiLut #.v or Other Prgject
Name)_
(l akc,'C0w,rY1ofY) r m' h
(f)uke File No.)....... I0:..)r.3-. -@Q
--
??P/.)ficunl 'x _ full name) l?rrrby agrees t o comply
with all recommendation
of Duke Power [.ake
Management, General Permit(s) (if applicable) acid other federal, state and local agency
requirements pertaining to the application to excavate for the purpose of a
In addition, 11we have read and agree to comply with Duke's current Shoreline
Management Guidelines (SMG), much of which is repeated hearin, and understand that
written authorization must be obtained front Duke Power Lake Management prior to
beginning any activity within the FERC project boundary or on Duke Power land. The
excavation will be completed as described in the approved application and within eighteen
(18) months from the date of written approval by Lake Management, unless specifically
noted otherwise in the application or unless 1'we obtain approval for a single, time
extension (maximum of one year) in writing from Duke Power Lake Management. / we
understand that if the SMG or other applicable rules change during any extension period,
I. Ave will be expected to comply with the new requirements to the maximum extent
practicable. [we also recognize that failure to complete the excavation within this build-
cwt period will require the filing of a new application within the then-current SMG and
that the new application must include any applicable fees and security deposits,
r
irements and/or conditions
I lukV 1'+1wrl Pagr. 1 K• v: 6.31) U!
1ACAVAT14?N N'PLICATk7N ?.Ur??rc 1).ut' 11 15;9R
(i(v31'IaAanent'llnt1(Intif.x.•av{totlon L'xugraG.JO.O.l.ax
01-11-'08 16:28 FROM- T-383 P003/007 F-963
wi-W-Clvlod 1b:1t UU roKU- I'IHKINt LUN?I rpwGtM?71 r-Hk2=
EXCAVATION PROJECT USER'S AGREEMENT LETTER
(Please till in the blanks. Please Print)
Date 1-10-de
TO: Duke Power, A Division of Duke Energy Corporation
c/o take Management - BC 12Q
P. Q. Box 10016
Charlotte. NC 28201-1006
RE: Excavation For division a-md lot # 's or Odwr Pryevi
Name)
Ua&volopwity) Or 'I
Wilke File Ni
,(AWJ'lirau?u hereby agrees to comply
with all recommendations, requirements and/or conditions of Duke Power Lake
Management, General Permit(s) (tr qWi'cable) and other federal, state and local agency
requirements pertaining to the application to excavate for the purpose of a
In addition, 1,We have read aW agree to comply with Duke's current Shoreline
(Management Guidelines (SMG), much of which is repeated hearin, and understand that
written euthorizetion must be obtained from Duke Power Lake Mmiagement prior to
beginning any activity within the FER.C project boundary or on Duke Power land. The
excavation will be completed as described in the approved application anti within eighteen
(18) months from the date of written approval by Lake Management, unless specifically
noted othavAse in the application or unless 11we obtain approval for a single, frost
extension (maximum of one year) in writing from Duke Power Lake Management. G>"w
understand that if the SMG or other applicable rules change during any extension period,
I/we will be expected to comply with the new rt uiroments to the maximum tMent
practicable- live also recognise that failure to complete the excavation within this build-
out period will rquire the ling of a new application within the then-current SMG and
that the new application must include any applicable fees and security deposits.
take Pomw per„ Rev &'.Nb'U',4
IiXC \VA77tt1?3 :?1'1'LIC.Ci7tNf N11'u t?.: rime. I Ill 1114
c ?yiR Aks?u?er,Vt ?MA?xw.?I+an ?kaoc,?gad.?o.4a.?Mx
01-11-2008 16:32 BD PROF MARINE CONST 7046600991 PAGE3
14e attest to be the owner(s) or lease holder(s) of the land immediately adjoining the
project boundary or Duke-owned peripheral strip where the excavation activity is to take
place, or if not the owner or lease holder, Ifwe 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.
Ave 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, Ave 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.
Ifwe understand that all excavation work must be done directly in front of my/our property
and within the third of the cove nearest my/our property or within any middle third of the
cove that Duke Power owns, or Ave have written authorization from the owner(s) or
lease holder(s) to carry out the proposal within the project boundary adjacent to/on their
land. Ave 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.
Ave understand that for proposed excavations, Ave must notify the appropriate local,
state and federal agencies in advance of the activity by sending them a completed copy of
Duke's Excavation Permit Application Form and other required information. Uwe
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 Power Lake Management.
Ifwe 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 Federal Energy Regulatory Commission (FERC)
review does itself require specific review and approval by the FERC before Duke Power
can issue any approvals.
Ifwe agree that unless specifically approved otherwise in the application, explosives will
not be used as part of this excavation activity.
Uwe understand that every reasonable effort must be made to minimize any adverse impact
on fish, wildlife and other natural resources.
I/we 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 Lake Management.
Duke Power Page 2 Rev: 6130103
EXCAVATION APPLICATION Effective Date: 11115198
Gpal/Lakemgmt/Lmppttt/Exeavatation /Excagre6.30.01doe
Uwe agree that excavation activities in North Carolina and South Carolina will not occur
during the months of March, April, May and June because of the potential impacts to fish
spawning areas.
Ave 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. Ave 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.
Uwe agree that 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.
11we agree to adequately stabilize all excavated material and all disturbed shoreline to
prevent erosion and runoff into the lake.
1/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.
Ilwe 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.
Itwe 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.
1/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; jurisdictional wetlands; historic properties; rare or threatened species,
and buried gas, water, sewer, electric or communications lines. Ifwe agree to provide
my/our contractor with a copy of these work area drawings showing these areas to stress
the necessary protection measures.
11we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.)
are discovered during the excavation, work shall be halted immediately. 11we will then
notify Duke Power Lake Management and the State Historic Preservation Office to
Duke Power Page 3 Rev: 6/30/03
EXCAVATION APPLICATION Effective Date: 11/15/98
Gpal/Lakemgmt/Lmppm/Excavatation /Excagre6.30.03.doc
determine what measures, if any,1/we must pursue to protect or salvage the archaeological
resources.
Ilwe 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.
Ilwe agree to be fully responsible for the permitted lake use and Ilwe understand that this
responsibility is considered to transfer automatically along with ownership and leases of
the adjoining tract.
Ave understand that Lake Management representatives may issue Stop Work Directives
for any violations of the SMG and that 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 firture lake use
permits. Ave agree to immediately comply with any Stop Work Directives, to fully
cooperate with Duke Power Lake Management and other agencies as necessary and to
perform the necessary remedial actions within the specified time frame.
Ave agree to develop any required mitigation plans and to complete any required
mitigation activities at my/our own expense within the specified time frames. Ilwe
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.
Ilwe agree to notify Lake Management -y phone when the excavation is initiated and to
ensure that during the excavation period the weather-proof "Duke Power Approved
Lake Use Activity" sign to be provided by Duke Power) remains posted at the iob site
and visible from the water's edge.
IAve agree to notify Lake Management 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.
Uwe have included a check for the applicable filing fee and security deposit, and copies of
all other necessary permits. Ilwe recognize that security deposits will not be refunded if
any violations of the SMG or this user's agreement occur.
IAve understand that there will be no change in hydro project operations as a result of the
excavation and/or utilization of the excavated area.
Ilwe agree to maintain the work area in a safe condition and to fully indemnify and save
Duke Power harmless from any and all claims, liability, loss or damage that may arise from
this excavation project.
Duke Power Page 4 Rev: 6130/03
EXCAVATION APPLICATION Effective Date: It /15/98
GpaVLakemgmt/Ianppm/Excavatation /Excagre6.30.03.doc
01-23-2008 16:18 80 PROF MARINE CONST 7046600991
DUKE POWER EXCA,YATION PERM-IT APPLICATION FARM
C APPLIC,%t I' SIGNATIL
t:uaunexlls?
y . Applicant Name (prinr)/p/#A t/ Z- &`
,e 11c,
-7
RJR
Applicant Signature' .? - -•,---_._ „
Co-Applkant Name (grinO.
Co-Applicant Signature"- _
Co-Applicaul Name I/?rrnr)
Co-Applican(Sipaturr.' _-
CO-Applicant Naamc (PrurJ) _
Co-Applicant Signature'__ _
PAGE3
Lot JY
Date
Lot a
Date
Lot P
Dale
Date Co-Applicant Namc (print) Lot 4
Co-Applicant Signatutr•..... Da(c -
'Per lny signature, the information providers in this application is corroct to the be sl of my knowledge.
BEFORE, YOU MATL THE APPLICATION TO DUKE POWER LAKE MANAGEMENT ENSURE YOV HAVE:
• gilt{(:K1?I)-17•1F.INvo THOROUGHLY
• Ml.:'1' ALL kf:t)11IRI;Mt N-15 FOR A ((see cover lcnvr ty'applica m package)
• INCIX13F.0 A SIMLE CI LEC'K TO DUKE PO?WFR FOR THI: APPLICA71014 MING FFl-' ANT) SRCIIRTI'Y
I)I:POS11
INC'LOPEDALL ACENt: Y PERMITS Ok Ct>MMFN-I' I.li'1-ILRS AND RESOLVED ALL ISSUES RAISE])
• lNC(-l IDED ALL REQUIRED DRAWWjS (TNCLUDING PR(11 M1) PAC1L"VS). PI RMJT 8 FOR EXISTING
VACII.ITR:ti, SURVUYS AND PIANS
• INCLIIT)RD COPIES 1:1F DUFUS AND AIJfI•10MA"I'10N LETTTiRS
li?tl`.lake+nnrJmp(arr}.zr:rra? .c• F.a.al^ riu2 1'Lpa.Jw 1"a?.c a RF:\'• 117-0.1
(•. "li'Yt pal:' 11.1 ` ON
01-11-'08 16:29 FROM-
T-383 P005/007 F-963
Excise Stamp Tax $2,200.00 Rwmliing nme, Book and Page
Talc Lot No Parcel identlf er No.: 46350 4638
V eri.$ed by County on the day of -, 20_
by:
Mail after recording to Marsh Law Firm, P.A., P.O. Box 11815, Charlotte, NC 28220-1815
This iasnument was prepared by Marsh Law E P.A.
133 Vineyard Drive
Brief Description for the index
E- I
NORTH CAROLINA GENERAL WARRANTY DEED
oade the of Decmbezr, 2007, by and
GRANTOR
Rtic}aard L. Justus and wife,
Carolyn F, Justus
Parkway Commons at KannapoW., LLC
a North Carolina limited liability company
149 Plantation Ridge Drive, Suite 180
Mooresville, North Carolina 28117
Enter to appropriate book for each Parry: natna, &d&aaa, and, ifappmpriga, character of endty, e.&, cOrporation or patW nhip.
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.
WEINESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, bas and by these presents does Vant, bargain, sell and convey unto the Grantee in fee simple, all of
Grantor's interest in that certain lot or parcel of land situated in Mooresville, Davidson Township, hedell County,
North Carolina and more particularly described as follows:
BEING all of Lot 69, Phase 1A, of THE PORT T Subdivision as sbAwn on the map thereof recorded in Map Book 31 at
Page 43 in the Office of the Register of Deeds for Iredell County, North Carolina.
Page 1
01-11-2008 16:33 BD PROF MARINE CONST 7046600991 PACaE5
01-11-'08 16:29 FROM-
T-383 P006/007 F-963
The property hereinabove described was acquired by Grantor by instrument recorded in Book 1709, Page 2139.
A map showing the above described property is recorded in Book 31, Wage 43,
TO HAVE AND TO HOLD the aforesaid lot or parcel of load and all privileges and apples thereto belon&&
to the Cnantee iu fee simple.
And the Grantor covenants with, the Grantee, that Grantor is seized of the Promisor in fee simple, bas the tight to
convey the same in fee simple, that the title is mararetable atad free and clear of all encumbrances, and Grantor will
warrant and defend the title against the lawftal claims of all persons whomsoever, except for the exceptions hereinafter
stated.
Title to the property hereinabove described is subject to the following exceptions:
1. Ad valorem taxes for 2009 not yet due and payable of record.
2. Such other easm=ts, covenants, conditions, restrictions and other matters as =y appear o
IN WrMSS WHEREOF, the Grantor has hereunto sot his hand and seal, or if corporate, has cd this instnmaent
to be signed in its corporate name by its duly authorized officers and its seal to b hereunto authority of its
Board of Directors, the day anal year first above written I h
SEAL)
CAROL'YN , N 'TtJ'S
Alabama,
SEALTSTA.1Vfk'
the undersigned, a NotaryPublic of the County and state aforesaid, cer* that
C y, ,v F ,,,,?1 personally appeared before Me this day and ackaowledged
the due execution of the foregoing mstrume:at Witness nay hand and official stamp or
seal, thisLw*day of December, 2007.
my commission expires: ?t ?'•• t
Notary Public for the State of Alabama
Printed Name:
t
Personally Know, _ OR Produced Identifccation Y"
Type of Identification Produced
01-11-2008 16:34 BD PROF MARINE CONST 7046600991 PAGE6
01-11-'08 16:29 FROM-
SEAL-STAMP
Alabama, E&4*11d County.
T-383 P007/007 F-963
I, the undersigned, a Notary Public of the County and state aforesaid, certify tW
f C k" cYV ;"-w,5 r1i t, person4y appeared before me this day and acknowledged
the due execution of the foregoing instrument Witness my band and official stamp or
seal, dais L•day of December, 2047.
My commission expires: .6 ? 447'0$
?LIG
APAT9 11
*vv
Notary Public for the State of Alabama
Printed Nme: Via/ I2!? /Ny
Personally Known _ OR Produced Identification
Type of Identification Produced Lcu
Page 3
01-11-2008 16:34 BD PROF MARINE CONST 7046600991 PAGE7
Iredell County. NC'Fax Map - Property Data Page 1 oft
Iredell County, North Carolina Parcel Number (PIN): 4635035448.000
Property Data Inquiry Date: 1/21/2008
Property Map

Owner/Property Information
111 v'!l ?7aRJ OR
Tax Account Number 000077431973 ?A?ewlY /??ct1ti1is ; 12° V,AcY'??
Old Parcel Number
Owner Name ZIP PROPERTIES INC
Mailing Address P 0 BOX 3818, MOORESVILLE, NC, 281173818
Property Address
Lot Number
Legal Description L70-THE PNT ON NORM-PHIA- M2-PB-31-43
Municipal Information
Township Code 17
City Code
Neighborhood Code 17011
Fire Code 0
Value Information - Click Hare for the_Currgrit Ycar rax Card
http://gis.co.iredell.nc.us/I redellReporting/report.asp°PIN=146350354148.000 1 /21 /2008
Iredell County, NC Tax Map - Property Data
Page 1 of 2
Iredell County, North Carolina Parcel Number (PIN): 4635034743.000
Property Data Inquiry Date: 1/21/2008
Property Map
Owner/Property Information
Tax Account Number 000077453433
Old Parcel Number
Owner Name NASH DORIS A & MICHAEL R
Mailing Address 137 VINEYARD DR, MOORESVILLE, NC, 281170000
Property Address
Lot Number
Legal Description L68-THE PNT ON NORM-PHIA- M2-PB-31-43
Municipal Information
Township Code 17
City Code
Neighborhood Code 17011
Fire Code 0
Value Information- Click Hera for the Curr-2nt Ya,?r Tax Card
littp://gis.co.iredcILnc:.us/IredeIIReportitig/report.asp`.'PIN=4635034743.000 1 /21 /2008

Neighbors:
Michael and Doris Nash
137 Vineyard Drive
Mooresville, NC 28117
Zip Properties Inc.
129 Vineyard Drive
P.O. Box 3818
Mooresville, NC 28117
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FROM :BD PRO MARINE CONST
FAX NO. :8282413292
01-07-2008 16;25 90 PROF M;kli- CXk4ST 704660B9gi
BD Professional Marine Constniction
wvv? w.iwi)marineconstnxtiiDn.cotit
sin 17omw
Maine caextrMA10ft siace 19SO
17ale, 9 *r 11w (F(Mwrnv i (-tNf -?713 ! 17
To Whom It May t oDoem:
WD Pm issi=-4 Mwitne Construction, LIC, will be dumping c7onavatcd inmcriarls on
my Property-
Sincerely,
?fancy Dellinger
Jan. 67 2008 04:26PM P1
PAGE1 0
01-07-2008 16:59 BD PROF MARINE CONST 7046600991 PAGE1
DUDE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
mipact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1046
CHARLOTTE, NC 28201-1006
1-800443-5193 or Option 5
Applicant's Name: -:?ro L #an
Street Address (at lake): V e,
Lake Name; J 'f a _ _____ __--
Subdivision Name;
Property Section:
City: ?lJl iyo S_? &--
State; V
Lot #
County:
_ Zip: ?-
Telephone: _-----
Type of Perrnit Requested
.`Circle":
Private Facility
Commercial Facility
Excavation
Stabilization
Conveyance
Miscellaneous Uses
Directions (from maior roar] aT h«hwav):
40 t '33 (?J ? I I (Am 5(,,? o n te??+
C?i y- i:,Y ern
?r ??- ?e AYA 4'15')5 V y Y1 ?t?? Y i?'?
DH\, W W I1J ? ?% Y1 tS ,
wkite fle, ml 2kome; etc}.
DeschPtivStructure(s) on ProP ?Y i.e. back8aral;e> >
']Vote: Please use the back of this form if desired to draw us a map to the site.
710
ill,,, I Elio

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1, Ronald S. Hollifield, certify that this plot was drawn under my supervision CURVE TABLE
from on actual survey made under my supervision (deed description recorded NUM DELTA ARC RADIUS BEARING DISTANCE
in book SEE TITLE BLOCK ; mop recorded in book SEE TIRE BLOCK ); C1 1821'48° 88.14' 275.00' S22'45'40E 87.76'
that the boundaries not surveyed are shown as broken lines platted from
information as shown; that this plot was prepared in accordance with G. S. 47-30
as amended; that the ratio of precision is 1:10,000+. This survey is of on existing
parcel or parcels of land and does not create a new street or change an existing street.
No USGS monument found within 2000'. A portion of this property is located in
a Special Flood Hazard Area designated by the FEMA FLOOD
INSURANCE RATE MAPS. (See Panel 370313 0200 C, Eff. date: 0312812003)
Kritnes my iginal signature, registr tion number, and seal this
8th day of June, 2007.
CtA&
OESSIQ ???i, III
Ronald S. Hollifield, NCPLS 1404 SEaL` i
s
L-1 404 i
40 -.4- 4
rq SUR'
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PIER/DOCK
Lot 68
350, U u
i
N,4 55126"E
. i
BOG L NE
Iv
1 INF TAR/ F
NUM BEARING DISTANCE
L1 N12 07'30"W 18.04'
L2 N327 7'50"W 26.40'
L3 N7539'°3"W 14.70'
L4 S4801'09"W 38.14'
L5 S6929'51"W 29.03'
L6 S6499'40"W 15.35'
L7 S5602'29"W 16.63'
L8 N8027'14"W 12.62'
L9 N353447"W 9.53'
L10 N21 '0249'W 67.13'
L11 N34 1'36"E 68.54'
L12 N1954'10"W 1. 16'
EX 14 REBAR

EX FR£ HYDRANT Cl
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Lot 69
1.111 Acs.
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Lot 70
p?R (iDO yEAR F`OOOLINE)
1
Lake
Norman I Lot 69 of THE POINT Phase 1-A, Map 2
Tax PIN 4635-03-4538 N D. B. 1709-0139 - P. B. 31-43
I Davidson Township Iredell County, NC
I
LEGEND:
N
1r ?//?,? `a.? ooh
SURVEYED PROPERTY LINE
UNSURVEYED PROPERTY LINE
FROM DEED OR PLAT
TIE LINE
FENCE LINE
MINIMUM BLDG. SETBACK
BOC BACK OF CURB
R/W RIGHT OF WAY
76+ G I 1 '1 ,' ,' 40 0 40 80
c \ 1 1 j /
Y SCALE.- 1" = 40'
\ I
?,p --'---- J I EX 14 REBAR /
C6 ` `fO??POND) Boundary & Physical Survey
16D rA"10OR (FULL
Ex ,
133 Vineyard Drive; 1111 Acs.
IRON STAKES AND MONUMENTS AS SHOWN (0), ALL OTHERS CALCULATRED POINTS (0)
(Current owner: Richard L. Justus and wife, Carolyn F. Justus)
R. S Hollifield land surveying / subdivision planning p• o. box 1036 Troutman, NC 28166-1036
phone [phone] - fax [phone] - email: holiron®vvi.net
To be conveyed to: Tom McClellan
file: 071pntla69