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HomeMy WebLinkAbout20170238 Ver 1_Shoreline Stabilization_20170227LAKE NORMAN DREDGING/ MARINE CONSTRUCTION PO BOX 3156 Mooresville, NC 28117 PH -704-664-1010 I FAX 704-664-6232 PA NC Dept. of Environmental & Natural Resources Division of Water Services 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 919-807-6584 Lake Norman Dredging and Marine Construction has been contacted by: SaiIpoint Boat Slip Association to Dredge an area of lakefront property located at: 19215 Hidden Cove Lane, Cornelius, NC 28031 2 4 1 70 2 3 8 I -k6 2 7 2011 The purpose of dredging is to allow easier boat access. The area to be dredged is a 15 x 30 x 3 Dock Area To Be Dredged The dredge spoil will be excavated, then hauled away by barge to our site located at 4561 Slanting Bridge Rd Denver, NC. Please contact Mickey at 704-664-1010, if you have any questions or require further information. We look forward to your response and approval of this project. Kind Regards, Mickey Larson geodredgelarson@gmail.com State of North Carolina Department of Environment and Natural Resources Division of Water Resources Division of Water Resources 15A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization FORM: SSGP 10-2013 Shoreline Stabilization Application Form Three copies of the application (including attachments) and the application fee should be sent to: Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 I. Applicant Information [15A NCAC 02H .0502(a)] 1. Owner Information Name: Sailpoint Boat Slip Association Mailing Address Telephone Number: E-mail Address: 19215 Hidden Cove Lane Cornelius, NC 2801 704-650-8990 Fax Number: 2. Agent/ Contact Person Information A signed and dated copy of the Agent Authorization letter (a form can be downloaded here: http://www.saw.usace.army.mil/Portals/59/docs/regulatory/reedocs/Permits/SAMPLE AGENT AUTH ORIZATION FORM.pdf) must be attached if the Agent has signed this application form. Name: Mickey Larson Company Affiliation: Lake Norman Dredging Mailing Address: P.O. Box 3642 Mooresville, NC 28117 Telephone Number: 704-664-1010 Fax Number: E-mail Address: geodredgelarsonOgmail.com Person to receive the Certification Approval: Mickey Larson - Lake Norman Dredinci II. 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, structures (buildings, retaining walls, docks, impervious surfaces, FORM: SSGP 10-2013 Page 1 of 3 etc.), 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: Mecklenburg Nearest Town: Cornelius Subdivision name or site address (include phase/lot number): The Peninsula Directions to site - please include road names and numbers, landmarks, etc.: Take 177 S from Statesville to Exit 28 toward W. Catawba Avenue. Merge onto W. Catawba Avenue. Turn right onto Jetton Road. Turn right onto Captains Watch Road. Turn left onto Spinnakers Reach Drive. Turn left onto Hidden Cove Lane. Destination will be on the right. Latitude (in decimal degrees) 35.472931 Longitude (decimal degrees) -80.919896 5. Describe the existing land use or condition of the site at the time of this application (residential, undeveloped, etc.): Residential 6. Property size (acres): .32 7. Lake/ river/ ocean adjacent to property: Lake Norman 8. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): Purpose of dredging is to allow easier boat access 9. Will work be conducted from land? ❑ From water? FKI 10. Total amount of disturbance (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level/ Normal Water Level in square feet or acres: 3' Below 11. Total amount of disturbance (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal pool lake level/ Normal Water Level and 50 feet land -ward in square feet or acres: 2' Above 12. 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): N/A Owner/Age Larson 2/23/17 Printed Name Date [15A NCAC 02H .0502(f)] Agent's signature is valid only if an authorization letter from the owner is provided. FORM: SSGP 10-2013 Page 2 of 3 V r a ke (At u11voncHormal ter Level)._ GDred e. d� Area, Full Pond/ T Normal Water Level T Below Shoreline 2' Above 1 Please approximately sketch the following information on this plan (provide dimensions for each item, such as 10 ft x 100 ft)*: 1. All proposed vegetation clearing 2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation 3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation 4. Location of any proposed structures such as buildings, retaining walls, docks, etc. 5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation 6. Location of construction access corridors FORM: SSGP 10-2013 Page 3 of 3 DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit $ Check # Date Recv'd Initials Date of Duke Energy Lake Services, applicant and/or contractor on-site inspections Date 0 2 Gy I Initials Q4111 Date Final Protection/Avoidance Area Markings Field - Verified Approved to Start Work By * : (Print) (sign) Date Completion Required Date of Any Approved Extension Initials Date Passed Closeout Inspection* Initials Any Stop Work Orders or SMG Violations*? (check one) ❑Yes ❑No (If Yes, explain in PART V) Initials Date Date Deposit Refunded Initials Date Permit Database Updated Initials * Forward copy of approved application (all pages, plus any attachments that Duke Energy 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. PART I - APPLICANT INFORMATION (Please Print) Tax M or Social Security Number Name s��,l� ��L &2j [ %,Q Telephone ( 704 O c?1) Lake Address Nailing Address (If different) S"p-1 Contractor Company Lake Norman Dredging Contractor Contact Person Mickey Larson Telephone ( 704 ) 664-1010 LAKE LOT INFORMATION Lake Norman CountyA4LO14�— City CsiJ% 1 / s State NC Tax Map No. C01&91770' Grid Section Subdivision D)l- Pexi n ` a X;a, Section or Phase No. Lot No. 1 Lot Size ' 39 --Acres T� Do not continue the application until an on-site inspection has been conducted between a Duke Energy Lake Services Representative (DELSR) and the applicant and/or the excavation contractor. NOTE: Initializing this portion of the application by a DELSR in no way constitutes approval or eminent approval of the excavation or any other lake use permitting activity. Date of on-site inspection OZ t) 6 1 Initials (Duke Energy) r �,�11 (applicant/contractor) GpWocaneeWPPENDIX OT -tion Application.doc Page 1 REV: 7/22/2008 Effective Date: 11/15/98 DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM Are there any Co -Applicants*? (check one) ❑Yes RK (If Yes, include names, addresses, phone nos., lot nos., lot sizes in PART V — ADDITIONAL INFORMATION) * Co -Applicants 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 -front 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 - DESCRIPTION OF PROJECT A. BASIC INFO 1. Type of excavation: (check one) ® New excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) ® Boat Access Chan'l ❑ Water Intake Chan'l ❑ Wastewater Disch. Chan'l ❑ Other (specify) Lake user category: (check one) ®Private ❑Commercial/Res. ❑Commercial/Non-Res. ❑Public ❑Other (specify) 4. Max. Excavation Area Dimensions (ft) Length /5 Width W Depth (Note: include additional area dimensions if necessary so response to #5 below equals max. area dimensions in #4) 5. Excavated material (TOTAL for the project) Cubic yards 60 6. Type of material (applicant determines byfield sample i(practical) Silt/Sand/Clay 7. Excavation Site area a ©1 Acre (s) Disposal Site area 2.15 Acre (s) 8. Total Disturbed Area (including equipment staging area) r ©1 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) ®Yes ❑No 10. Do you claim title to the disposal area? (check one) ®Yes ❑No 11. Do you claim title to the equipment staging area? (check one) INYes ❑No 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes (If Yes, specify) NNo 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and disposal area des' ) Material will be excavated by hydraulic dredge and/or excavator, loaded onto bare then hauled o our approved staging area at Slanting Bridge Road. 14. Type(s) of excavation equipment to be used: Tugboat, Barge, Excavator, Dredge 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) ❑Yes ®No (If yes, explain) 16. Will return water re-enter the reservoir? (check one) ❑Yes N No Excavation Area Drawing) GpalVocwa \APPENDtX MExcavation AppUmnonAm Page 2 (If Yes, specify points) of re-entry and show on REV: 7/22/2008 Effective Date: 11/15/98 DUKE ENERGY DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big impact on permit processing time. Please complete this form and return it along with your completed permit application to: DUKE ENERGY . C/O LAKE SERVICES - EC 12 Q PO BOX 1006 CHARLOTTE, NC 28201-1006 1-800-443-5193 or Option 5 Applicant's Name: Sailpoint Boat Slip Association Street Address (at lake): 19215 Hidden Cove Lane Lake Name: Lake Norman Subdivision Name: The Peninsula Property Section: City: Cornelius Parcel ID 00168198 Lot # county: Mecklen State: NC Zip: Telephone: 704-650-8990 28031 Take 177 S from Statesville to Exit 28 toward W. Catawba Avenue. Merge onto W. Catawba Avenue. Turn right onto Jetton Road. Turn right onto Captains Watch Road. Turn left onto Spinnakers Reach Drive. Turn left onto Hidden Cove Lane. Destination will be on the right. gpaVLAKEMGMT/Package Information/Directions by Road Form.doc August 18, 2006 Whitaker, Dennis J RE: Marina Lease/permit Jan 3, 2017, 6:34:36 AM i Marc Jordan . � Holmes, (fancy 1 ., °, ; . I: , _ „r # , �. _ , ; Kluttz 111, Joseph R Marc, A residential marina with FERC approval will not have a tag number. I have attached a copy of the FERC order for Sail Point Boat Slip Assoc ..... the docks you mentioned are the ones in the .32 ac approval area. Submit a copy of this approval with your dredge application. The approval for the other cluster is on there as well. We are currently renewing leases for these type marinas. Joe Kluttz will be working with you to renew this lease for the term of the new license. Dennis J. Whitaker Manager, Lake Services Northern Region Duke Energy Carolinas, IAX 704-382-1594 (office) 704-634-7747 (mobile) 704-382-8614 (fax) t. DUKE K"ENERGY Please note my new email address: dennis.whitakernaduke-energy.com From: Marc Jordan [mailto:wmarciordan_.bellsouth.net] Sent: Monday, January 02, 2017 3:44 PM To: Whitaker, Dennis J Cc: Holmes, Nancy; Kluttz III, Joseph R Subject: RE: Marina Lease/permit We have finally reached an agreement and are going to begin the process to perform a one-time dredging at our Hidden Cove Marina. I am. being asked for a dock number? But do not find number sticker on our marina structure. The address of the common area is 1921.5 Hidden Cove Ln, Cornelius, NC 28031 and is part of the Sail Point Boat Slip Association, Inc. And while you are providing.. please provide the number of our other marina at 17827 Spinnakers Reach Dr, Cornelius, NC 28031 Would you please provide. 5 9 FERC f 62, 3 0 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Duke Power Company Project No. 2232-282 North Carolina ORDER APPROVING NON -PROJECT USE OF PROJECT LANDS ( Issued June 22, 1992 ) 1 On May 11, 1992, Duke Power Company, licensee for the Catawba-Wateree Project, requested Commission authorization to lease approximately 0.57 acre of project lands to Sail Point Boat Slip Association for the development of a marina with 2 separate docks. Duke Power Company proposes to lease 0.25 acre for one dock containing 16 slips and 0.32 acre for another dock containing 12 slips. The filing includes letters of consultation with appropriate local, state, and federal agencies. Copies of permits are included where applicable. No objections to granting the lease were stated. Copies of the proposed lease were included with the filing. The proposed lease contains the necessary covenants required by the Commission for the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project. The proposal will not conflict with the operation or recreational uses of the project. Environmental effects of the project as proposed, including those on water quality, should be minor and short-term. The licensee's proposal should be granted. The Director orders: (A) The licensee's filing of May 11, 1992, for approval to lease project lands, is approved. (B) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713. i;4 _,, '/' 4 -�q � - J. Mark Robinson Director, Division of Project compliance and Administration DC -A-2 SAIL POINTP' ' STATE OF NORTH CAROLINA ) LEASE COUNTY OF MECKLENBURG ) THIS LEASE, Made and entered i nto as of the 2.yih day of mOVern6p , 19YI, by and between DUKE POWER COMPANY, a corporation organized under the laws of the State of North Carolina, Lessor, and SAIL POINT BOAT SLIP ASSOCIATION, a North Carolina nonprofit corporation, Lessee; WITNESSETH: That Lessor, for and in consideration of the rents to be paid and the covenants and agreements hereinafter expressed, to be kept and performed by Lessee, hereby leases to Lessee and Lessee hereby leases from Lessor, subject to the exceptions and reservations and upon the terms and conditions and for the purpose in this instrument set out, the following property located in Lemley Township, Mecklenburg County, North Carolina, hereinafter sometimes referred to as "the leased premises," to wit: Community Dock No. 1: Being that tract of land containing 0.25 acre, lying within the bed of Lake Norman, as shown on plat thereof dated April 21, 1992, marked Mtn. Island Dwg. No. 1886, copy of which is attached hereto and made a part hereof. _X_ Community Dock No. 2: Being that tract of land containing 0.32 acre, lying within the bed of Lake Norman, as shown on plat thereof dated April 21, 1992, marked Mtn. Is. Dwg. No. 1886-A, copy of which is attached hereto and made a part hereof. 1. Term: This lease shall begin on January 1, 1991, and shall terminate on August 31, 2008. Thereafter, this lease shall continue in effect on a year-to-year basis upon the payment and acceptance of the annual rental, but Lessor shall not be obligated to renew. Lessor may terminate this lease at any time if directed to do so by the FERC or its successor agency having jurisdiction over the operations of electric utilities. 2. Rental: Lessee shall pay to Lessor an annual rental of One Hundred Fifty Dollars ($150.00) payable in advance on January 1 of each year of this lease. Lessor may increase the annual rental at a compound rate of 10%. The rental during any one-year term of the lease may not exceed an amount determined by the following formula: 1.1(N-1) X Base Rent = Adjusted Annual Rent where "N" is the lease year for which a new adjusted annual rental is being determined and "Base Rent" is the annual rental for the first year of the lease. For example, assuming a Base Rent of $100.00 to calculate the maximum allowable rent during the sixth year of the lease term: 1.15 X $100.00 = $161.05 3. Lessee Ownership of Adjoining Property. The shoreline property adjoining the leased premises is shown and designated as Lots 17, 18, 19, 41 and 42, on a plat of a residential subdivision recorded in Map Book 25 at & 114 and Map Book 24 at page 857 pages 112 /of the Mecklenburg County Public Registry. Lot 20 of said subdivision is affected by this lease in that the leased premises occupies a portion of Lake Norman that is in close proximity to said lot. This lease is contingent upon Lessee, pursuant to that certain Declaration of Covenants, Conditions and Restrictions for Sail Point at the Peninsula, recorded in Deed Book 6855 at page 6338 of the Mecklenburg County Public Registry, having acquired a valid waiver or release, effective at all times during the term of this lease, of the right the owner or owners of said residential lots may have for the use of the land and waters of the Lake Norman Hydroelectric Project under the Federal Power Act or regulations issued pursuant thereto or any right of said lot owners in the nature of or similar to riparian rights for the use of waters of Lake Norman. If at any time hereafter the Federal Energy Regulatory Commission, or any successor agency having regulatory oversight over the operations of Lessor, or any competent court of law shall -2- determine such waiver or release to be invalid as to any lot owner, then, in either such event, Lessor may cancel this lease and require Lessee, at its expense, to remove the marina facilities from the leased premises.. 4. Permitted Uses: The leased premises may be used by the Lessee for a commercial boat marina limited to serving owners of lots or homes in the real estate development known as The Peninsula. 5. Entry by Lessor: Lessor, its agents and representatives, at all reasonable times may enter said property to examine same and any such entry by or on behalf of Lessor shall not be or constitute an eviction, partial eviction or deprivation of any right of Lessee and shall not alter the obligations of the Lessee hereunder or create any right in Lessee adverse to the interest of Lessor. 6. Transfer or Assignment: The Lessee may not transfer or assign this lease or let or sublet the whole or any part of the leased premises to anyone without the prior written consent of the Lessor, except for subleases to owners of lots or homes in the real estate development known as The Peninsula, to which Lessor hereby irrevocably consents. 7. Power Line Easement: Lessor reserves an easement to build, construct, maintain and operate electric distribution/transmission lines on, over, along and above the leased premises. Lessor also reserves the right, privilege and easement to erect, construct, reconstruct, replace, maintain and use towers, poles, wires, crossarms and other appliances and fixtures for the purpose of transmitting or distributing electric power and for said Lessor's communication purposes, together with the right to keep said lines free of structures•, trees and other objects that may endanger or interfere with same. -3- 8. Illegal Uses: Lessee will not make or permit to be made any illegal use of the leased premises or any use thereof constituting a public nuisance, and shall keep the premises in a neat and orderly manner and shall comply with all applicable building codes and health regulations and with the rules and regulations of any governmental authority. All water and sanitary sewer facilities shall be designed, installed, constructed, maintained and operated only with the approval of the applicable governmental authority. 9. Maintenance: Lessee is to maintain all structures within the leased premises in a sound condition and in a neat appearance and pay all costs for said maintenance. 10. Improvements: Lessee may not make alterations or improvements upon the leased premises without the prior written approval of Lessor. Lessee shall submit to Lessor for Lessor's review detailed plans of all proposed alterations or improvements. Lessor in its sole discretion shall approve or disapprove such plans.. Construction or installation of additional improvements or the removal of improvements shall.result in an adjustment to the Base Rental and/or Adjusted Base Rental to be received by Lessor. If Lessor approves Lessee's plans to make alterations or improvements, such approval shall be conditioned upon Lessee's agreement to pay increased rental. At -the termination of this lease, provided Lessee is not in default under this lease, Lessee shall have sixty (60) days to remove improvements, after which all improvements shall become the property of Lessor. 11. Taxes and Assessments: The rentals received herein are net of all taxes. Lessee shall pay when due all taxes or assessments of any kind which could become a lien against the subject property, including but not limited to all personal property and ad valorem taxes on the leasehold improvements. On the condition that the leased premises, exclusive of improvements, remains -4- . 1 4 classified and taxed as utility property .at the same rate as all other land of Lessor underlying Lake Norman, Lessor shall pay the tax thereon exclusive of taxes assessed on the improvements. In the event, however, that as a result of this lease the premises, exclusive of improvements, shall be classified and taxed as nonutility property or at a higher rate than other lands of Lessor underlying Lake Norman, then in such event Lessee shall pay all taxes assessed thereon. Lessee shall list and return in its name for tax and assessment purposes any structure(s) or improvement(s) owned by Lessee on the subject property. Lessee shall furnish copies of paid receipts for all said taxes and assessments on or before the 31st day of December of each year. 12. Indemnitv: Lessee will indemnify and save harmless Lessor, its successors and assigns, from and against any and all claims arising from any conduct, management, operation, work or thing done in or about the leased premises or any building, structure or equipment thereon during the period of this lease or arising from any act or failure to act by Lessee, its agents, contractors, employees or sublessees, or arising from any accident, injury or damage whatsoever, however caused to any person or persons or to the property of any person, persons, corporation or corporations during the period of this lease on, in or about the leased premises and from and -against all costs; counsel fees, expenses, liabilities and damages incurred in or about such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Lessor, its successors or assigns, by reason of any such claim, Lessee, on notice from Lessor, shall resist and defend such action or proceeding by counsel satisfactory to Lessor. Lessee hereby waives all claims against Lessor for damages to the improvements and other property that are now or hereafter placed or built on the premises caused by or -5- resulting from intermittent flooding or drawdown of the waters of Lake Norman. In order to assure Lessor the performance of this indemnity agreement, Lessee shall carry and furnish evidence satisfactory to Lessor of the existence of public liability insurance, with limits on bodily injury of not less than $100,000/$300,000 and property damage of not less than $50,000/$100,000, naming Lessor as an additional insured in such insurance policy or policies and providing coverage for contractual liability of Lessee to Lessor required herein. 13. Surrender of Lease: The voluntary or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall not work a merger and .shall, at the option of Lessor, terminate all or any existing subleases or subtenancies or may at the option of Lessor operate as an assignment to it of any or all such subleases or subtenancies. 14. Termination & Waiver: It is expressly agreed and understood that the violation of any of the covenants, conditions, terms or provisions of this agreement by Lessee, including but not limited to nonpayment of rent or taxes as required by Item 10 of this lease or noncompliance with health and sanitation laws, shall terminate this lease at the option of the Lessor. This lease may also be terminated by the Lessor if at any time during the duration of this lease (or any renewal thereof) the Lessee should be adjudged bankrupt or insolvent by any Federal or State court or the Lessee shall allow a final judgment obtained against it to remain unpaid for a period of sixty (60) days. Failure of Lessor to exercise any of said rights relating to the termination of this lease or any other rights of Lessor under this agreement, shall not be construed as a waiver or abandonment of the right thereafter to exercise any or all of same. In the event that the Lessor terminates this lease under any of the above written conditions, the Lessor may enter the leased premises -6- and expel the Lessee therefrom or the Lessor may in lieu thereof or in conjunction therewith, pursue any other lawful right or remedy incident to the relationships created by this lease. Lessor must give sixty (60) days' notice in writing to Lessee of its intent to terminate, except that notice shall not be required for termination for nonpayment of rent or taxes. Lessee shall have the right to cure any violation during said sixty-day notice period, in which event Lessor may not terminate this lease. 15. Parties Bound: The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer and subletting, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto. 16. Notices: Wherever in this lease it shall be required or permitted that notice be given by either party to this lease to the other, such notice must be in writing and must be given personally or forwarded by certified mail addressed as follows: To Lessor: Duke Power Company Attn: Mgr., Hydro Production & Lake Management P. 0. Box 1006 Charlotte, NC 28201-1006 To Lessee: Sail Point Boat Slip Association c/o Crescent Resources, Inc. 400 South Tryon Street, Suite 1300 P. 0. Box 1003 Charlotte, NC 28201-1003 Such addresses may be changed from time to time by notice given hereunder. 17. Compliance with State. Federal and Local Laws: Lessee agrees that in its use of the leased premises as herein provided, Lessee will comply with Order No. 313 of the.FERC and all other applicable state, federal and local laws as well as all ordinances, rules, regulations and sanctions of any regulatory body or governmental agency (state, federal or local) having -7- jurisdiction in the premises, and Lessee's use of the aforesaid lands will not endanger health, create a nuisance or otherwise be incompatible with the overall recreational use of the Cowans Ford Development, FERC Project No. 2232. 18. Aaproyal-by FERC: This lease is subject to the prior written approval of the FERC, provided, however, that if said FERC declines to approve this instrument, then and in that event, it shall become void and of no legal force and effect whatsoever. 19. Reservation of Use: The right to use the land which is the subject of this conveyance for project purposes is hereby reserved to the FERC project licensee, its successors and assigns. 20. Protection of Environment: All necessary precautions shall be taken during construction and subsequent operation and maintenance of the activity to protect and enhance the environmental values of any affected lands and waters of Project No. 2232. 21. Archaeological Resources: If any archaeological resources are discovered during construction, construction shall be halted and the State Historic Preservation Officer shall be contacted to determine what measures, if any, are needed to protect or salvage the resources. 22. Water Craft: Any water craft more than twenty (20) feet in length or more than ten (10) feet in width moored within the leased premises must have affixed thereto a certification label indicating that same was manufactured in compliance with the Federal Boat Safety Act of 1971. Excepted from this requirement are water craft in safe condition manufactured prior to the effective date of the Federal Boat Safety Act of 1971. 23. Sanitation: If Lessee shall allow any water craft equipped with a marine toilet having a fixed or portable holding tank to be moored within the I If leased premises, Lessee shall maintain sanitation facilities for pump and/or deposit of waste. No water craft shall be moored within the leased premises equipped with a through hull or overboard discharge toilet which has not been certified by the United States Coast Guard as an approved marine sanitation device. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed this the day and year first above written. ATTEST: DUKE PO ER COMPANY By Ass' taut Secretary Vice President ATTEST: SAI X� jks1k' By Secretary 3 STATE OF NORTH CAROLINA G,t s ro Al COUNTY OF E UR I, CARL 5. 61-6Le's , a Notary Public for the above State and County, hereby certify that CR Rotyiy R. D u1VcA N personally came before me this day and acknowledged that ahe is Assistant Secretary of DUKE POWER COMPANY, a corporation, and that by authority duly given and as the act of said corporation, the foregoing and annexed instrument was signed in its name by /4auRlc6 a. MchyrosIf , its Vice President, sealed with its corporate seal and attested by NE'R as its Assistant Secretary. WITNESS my hand and official seal, this the .2114h day of Ay-EMSER , 1992-. My Commission Expires April 5, 1994 My Commission Expires STATE OF NORTH CAROLINA CABARRUS COUNTY OF M50j9fij fid C/ Notary P.t' •........•ti �cs�•,� N0TA1�y. I, Sharon C. Arrowood , a Notary Public for the above State and County, hereby certify that R. Wayne McGee personally came before me this day and acknowledged that _he is Secretary of SAIL POINT BOAT SLIP ASSOCIATION, a corporation, and that. by authority duly given and as the act of said corporation, the foregoing and annexed instrument was signed in its name by Gilbert D. Ste hep_ nson. Jr, its Vice President, sealed with its corporate seal and attested by him as its -- Secretary. WITNESS my hand and official seal, this the 17th day of Angurzt , 1992 . Notary Public 'My Commission Expires 10/13/93 < ' F 1 I I, SS/ DUKE POWER COMPANY ( MINNIE R. DEATON ) UMI - 172 MTN. IS, DWG. NO. 1408 6030 - 629 LINE DIRECTION I DISTANCE SLI N 53'2756 W 130.48 SL2 N 36'32 04 E 82.00 SL3 S 5327'56' E 182.71 SL4 S 1251 32 E 5.78 SL5 S 12"51'32' E 65.00 SI -6 N 5327'56" W 31.28 SL7 N 5327'56" W 29.63 SL8 N 53'27 56 W 52.54 Ig S 43'42 45 W 25.12 SL10 S 0726 27 E_____ 15.30 SI -5 LOT 18 \ LOT 17 \ LOT 16 P� ESr FAF? V \ C, ,yRTkA DUKE POWER COMPANY P.O. BOX 1007 CHARLOTTE N.C. 28201-1007 LOT 19 4p / NOTE MAP MADE FROM SURVEY AND PLAT PREPARED BY ` R. PATRICK R, P.E. \v' P. 0. BOX 18181,, BARIUM SPRINGS, N. C. 28010 DUKE POWER COMPANY COWANS FORD DEVELOPMENT AREA LEASED TO SAIL POINT AT THE PENINSULA COMMUNITY DOCK NO. 2 LEMLEY TOWNSHIP MECKLENBURG COUNTY, N. C. SCALE: f = 50' APRIL 21, 1992 MTN. IS. DWG. NO. 1886 50 25 0 50 100 150 SCALE IN FEET 2474 ,,,,� n j 8882 FILED �f5P'�—" C)Ac' CATAwEIA COUNTY B00K 2 4 7 4 PAGE 802 RUTH MACKIE REGISTER OF DEEDS foregoing certificates) of FILED Jun 04, 2003 susnN HINsoN AT 10:07:03 am BOOK 02474 PAGE 0802 notary/notaries public recertified be oofred. REVENUE $596.00 r Catawba Coaaty OB -04-2003 R% MACKIEE Register of Deeds NORTH CAROLINA Real Fsiate E"co`T"`W—W.00 STract345a Erase Tax S 5%.0002 Recording Time, Book and Page Tax Lot No.: _460602.87-0545 Parch Identifer No. V ed by County on the—day of 20 b— il after recording to Rso1h x 1 C This instrument was prepared by parker. Poe. Adams A 13amL'in L.L.P. Three Wachovia Center. Suite 3000 401 South Tryon Street Chwrtnnr lir �uom rwF� Brief Description For The index: 4.235 Acres Mountain Creek Township, Catswba County, NC NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this _0r. d day of June, 2003, by and between: GRANTOR GRANTEE CRESCENT RESOURCES, LLC, LAKE NQRMAN DREDGING &MARINE CONS a Georgia limited liability company MUCTION, INC., a North Carolina air(niation P. O. Box 3156 Mooresville, NC 28117 Enter n aWvPiab Mock for each party: name. address, and, 8 appropriate. davaciarorantity, ep. caporatipn err paibieaiiip. The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all that certain lot or parcel of land described in Exhibit A attached hereto ("Property"). CLT 6%%9v i Page t of 9 V— ••va orse1 Baa . 28227N R6.46Z E 591 (704) 641E-3060 ��E5�8VT RES01iR�51 / r 167 e-4. PA. BOX 1003_r t7MMOM X-C 28201-2003 200.0• r ' r /�� j MGM ....� WS N1L Ce s- Jv 2.3&3 Acres aeame R/w 0.754 Acres in Road R/wj Acres b Tramnbdm _ — Acres Total r r 320.0' l n-3=mal 39 - a.•. -. �' Tris is �= s — r TAX Q 4606—OQg7-0545 r FOR SMMM Or 7ME FAM To D.6:C 2888 . PM427 r �r -00M 433 --� .... �... Canor.M CaNMRS LEC CRI# 3458-00 _ YAP SHOWS pWIM OF— •-- UME--99 ( Ms. N. S. Gordon Tract) Township Cotowbo county. N.C. >W Co » too• � M -o2 aaeF.l�rt zaox Owt TO a r w c � f t ;n ® do Pmt (i7 e, m1.7iO1. {� p� "'• "'� �' ..+ CM RML POem tag d' ^gyp • �+ •--• 1401@ I ^� • r Y 1 l 1AtttQ atl� 11Ot OBa1R= 11F1ar COC RM oMzwqznmt Pl;6•'B1R'9t8,�mAlr ttY.l.i�j{gE .... ^' ^� am rr+r � f Um 0RG 0 BE>iQr COFL�A1—IMF, umqwmr Wm Jv 2.3&3 Acres aeame R/w 0.754 Acres in Road R/wj Acres b Tramnbdm _ — Acres Total r r 320.0' l n-3=mal 39 - a.•. -. �' Tris is �= s — r TAX Q 4606—OQg7-0545 r FOR SMMM Or 7ME FAM To D.6:C 2888 . PM427 r �r -00M 433 --� .... �... Canor.M CaNMRS LEC CRI# 3458-00 _ YAP SHOWS pWIM OF— •-- UME--99 ( Ms. N. S. Gordon Tract) Township Cotowbo county. N.C. >W Co » too• � M -o2 aaeF.l�rt zaox Owt TO a r w c � f t ;n S/1.r. DUKE POWER COMPANY ( MINNIE R. DEATON ) UMI - 172 MTN. IS. DWG. NO. 1408 6030 - 629 �vPL E 3 Tq"I 'o %p R G�2 gRT DUKE POWER COMPANY P.O. BOX 1007 CHARLOTTE N.C. 28201-1007 voir- 'ii A1:9 LINE DIRECTION I DISTANCE SLI N 53'2 56 W 130.'0 SI -2 N 36'32 04 E 82.00 SI -3 S 5377 56 E 182.71 SL4 S 1231 32 E 5.78 SL5 S 12'51'32' E 65.00 SI -6 N 53'27 56 W 31.28 SI -7 N 53"27*56" W 29.63 SL8 N 53'27 56 W 52.54 SI -9S 43'42 45 W 25.12 SLID S 07'26'27' E 15.30 \ LOT 17 LOT 19 LOT 18 1 LOT 16 \� 2w s il CIO / I / NOTE MAP MADE FROM SURVEY AND PLAT PREPARED BY R'PATRICK R, P.E. P. 0. BOX 18181,. BARIUM SPRINGS, N. C. 28010 DUKE POWER COMPANY COWANS FORD DEVELOPMENT AREA LEASED TO SAIL POINT AT THE PENINSULA COMMUNITY DOCK NO. 2 LEMLEY TOWNSHIP MECKLENBURG COUNTY, N. C. SCALE: 1' = 50' APRIL 21, 1992 MTN. IS. DWG. NO. 1886 50 25 0 50 100 150 SCALE IN FEET Polaris 3G Map — Mecklenburg County, North Carolina Sailpoint Boat Slip Assoc Date Printed: 2/24/2017 2:28:15 PM J ; • (IJ 80 • c : M • • • •...... ' YR4• , : • g 4s . ............ IF 0 0.003).006' 0.0JL 12 Miles WE � S This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded• deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. \k\ -L3 V 11 jai IL SaLL.>Ctn+ -Brame i5l fp Assoc— 't," -6v.. .z t%V% V to t: 2016 Goo9.e Go'o" i2 Parth Hidden Cove Marina `1 Measurements taken: Lake Level: 5/23/2016 98.8' 98'10" +112" 2-5 2-6 15' 2-4 2-7 i3,101, 2-3 2-8 111'4" 114" Measurements taken: 1/17/2014 Lake Level: 97.1 97'1" 2-5 2-6 2-4 2-7 2-3 2-8 +2.11.1 9' 9' 2-2 2-9 2-2 2-9 9'10" 9110" 9' 7-6" 7'6" 8' 7'6" TV' 9'6" 914" TV =8'8"8' 6' 2-1 2-10 24 2-10 8'10" T�9'10" 5,6.. =6.8.. 7. 3' =5'11" Concrete. Block o Crete Blo k T4'6" =5'8" ----------------- Shore Line -------------- ----------------- Shore Line -------------- arth Googlq,, '-Bc:cut Si l� SScC . Hidden Cove Marina Measurements taken: Lake Level: 5/23/2016 98.8' 98'10" +112" 2-5 2-6 15' 2-4 2-7 1?'10„ 2-3 2-8 Measurements taken: 1/17/2014 Lake Level: 97.1 97-1" 2-5 2-6 2-4 2-7 2-3 2-8 +2'11" 9' 9' 2-2 2-9 2-2 2-9 9'10" 9110" 9' 7'6" TV 8' T6" 9„6„ 9,6" 9-4„ 7-6" =8 8" 8' 6' i 2-1 -"�2-10 271 2-10 i 8'10" 7 = 10 5'6" =6'8 7' 3' =5'11" Concrete,Block o Crete Blo k 7' 4-6"=5'8" 5,4„ ----------------- Shore Line ------------ ----------------- Shore Line--------------