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HomeMy WebLinkAbout20081724 Ver 1_Shoreline Stabilization_20081119IVWV'lY'CVJVJn ll'J:JVJr1 r-munehi wumr. 7?`t7C7F (OJ November 12, 2008 I am writing this letter to state that Bob Martin from Bob's Docks and Home Improvements will be my Agent for the beach restoration work project on Glenville Lake, NC. This is for beach repair and restoration to build the seawall and rebuild the dock. Dorothy L. Davidson ,9 `.Att I? e N v J8 V&Ti/ NDS A; I i i LI i7's i'0i INMATER 89 NCH 4 - ?? /V 2008-11-14 09:39 (LV AT WORK PERSONN 9549297763 1 u: loco (YJDcbvJ t". 1 --Ili I Page 1 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 seven (7) copies of this application and supporting information as well as a non-refundable application fee to the Division of Water Quality of $200.00 for 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: Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. Applicant Information 1. Owner/Applicant Information 0 8- 1 7 2 4 03 ??v d ? 2008 Telephone Number: Fax Number:` 9y" ° 7?G3 E-mail Address: 4!?41 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Company Affiliation: •+? % i?i2?2?S Mailing Address: , 0 r 8 g -g- Telephone Number: E-mail Address: II. Project Information V 2 Fax Number:- j r'e' 4 C'. fir, Ca".N 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 Ilk -Lake Fu ! Pond) !1 1 Pon 61- Shoreline ~ 1 'IV ,y V -} 2- P -fib Please approximately sketch the following information on this plan (please provide dimensions for each item, such as 10 ft. x 108 ft) 1) All proposed vegetation clearing (provide dimensions) 2) Location of rip rap or fill to be placed above the Full Pond elevation 3) Location of rip rap or fill to be placed below the Full 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 Pored elevation. 6) Location of construction access corridors. 1. Location County: Nearest Town: Subdivision name or site address (include phase/lot number): Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): 7cv Crum Ceti i'lCT° ?ac.i .n?% !S£ 71;, f-N4 Cr` : 30-',`.'r2 kJcu'?- Z Jeq '';wer"- L.hjT Ifoz;asc 2. Describe the existing land use or condition of the site at the time of this application: 3. Property size (acres): 4. Nearest body of water (stream/river/soun(/ocean/lake): 5. Describe the purpose of the proposed work: 7_6 s-FIi° t" 47rl ,;.Z 6. List the type of equipment to be used to construct the project: 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 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: Sif?L?' G r .S %'tsl no o N 51-404-1 z IY7e v 8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted (number of trees for instance):'` e?JpO+S ti`' /'ylh?i2£c 77 /' i2 Kr'Z?.'"?,3??E? .:,u t- /i:?'4k'? !G i????'r_ . Applicant/Agent's Signa ure Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) AMa o 1' 1 Yi111G 1 u?•a. . vi i 14 #S 4 y 6 .,4 4'N -tea N? zl t p ll13;11111d.I5.?i3L't3 311117L'.t3r Awl"t}ll111Q?71211dptraillexlilt! 1 fu iD/'t3 ?7bLi 1??i ??{ i5 k-1dSIIICF5. iN.",. '601 1 1 t[) ?_)t) l_aill.Sc IAtfle. t,2ltilIic:t5_ IV.k_ . :0/ 1 / 1_JIf CC tlOf l5 - IVii P501ILV.X... i .tL!G t tti ) Diirrectjon5 )" i CeShterS, !v C %3 i ! f r End. 336 Guise Lane, Cashters. N.C. 2E717 TotAi Timp:13 minutes Total i Iiszarre:6A miles Turn by'l'urn Directions F: Hill tiandsk P,4 Caahiers iui ((?'?''yy "'r+tOL? Nis195Nt Ca'A ?'Ob7 a.'/i!U,3ka? yr73:t ?9'e?. tRr.. 4m. rrv ? IN G:DY Sapphire Start. , mpart 28717 an Local road(si (Smilhl Turn. LEFT (East) onto Macs View Dr 0.7 mi 2. Keep STRAIGI IT on,o Club Dr 03 mi 3. Tum LEFT (West) onto SR- i07 4.2 nri k Turn LFFT OAMst) onto N Nrrfton Ra 1.t mi End Amve 335 Guise Ln. Cashiers, NC 257:7-9536 . Ohms I About Us I Comac_i Us I Adverbsa I Pnvacr ;'14!v 1 Help i Twm, er Use IIj3:1;15'L?'l1'.ii"t?i??5t7tli,iS.> t)iilr?tti.Jitii'iLlii't>vIlUf7Si'>r4L31I5.f7It77!1?'il}'j3t)Ii7tS=l ?2fii:?/o!?,ti\.,.. 3 il3/.!tJIJh Dube Energye Duke Energy Lake Services EC12Q / PO Box 1006 Charlotte, NC 28201 DUKE ENERGY NANTAHALA AREA (DENA) PRIVATE FACILITIES "USER AGREEMENT" LETTER (You may use this letter and fill in the requested information. Please Print) Date /.0-0- © r TO: Duke Energy c/o Lake Services- EC 12Q P. O. Box 1006 Charlotte, NC 28201-1006 RE: (Lake Name) (Street Address) _.?96 (Subdivision / Lot #) .417?&-,Z, J`c?i?-wL:? 3 %? 3' is (Applicant's, full name) d Q e01W & t &4,06,J hereby agrees to comply with all requirements and conditions set forth by Duke 1nergy's Lake Services' office, or any federal, state or local agencies pertaining to our Private Facilities application to construct a ?! :? i t)rzvst. s. s 560W!!.L,1- on Lake 6 ?lt-14- . In addition, IAve have read and agree to comply with Duke Energy's Shoreline Management Guidelines (SMG) and understand that written authorization must be obtained from Duke's Lake Services' office prior to beginning any activity/construction within the Project boundary. The construction will be completed as described in the approved private facilities program application and within twelve (12) months from the date of approval by Lake Services. Failure to complete construction within the build-out period will require the applicant to file a new application within the then-current guidelines. The filing will include any applicable fees and security deposits. 1/we attest to be the owner or lease holder of the tract of land immediately adjoining the Project boundary where the proposed facility is to, be enrstn1ct_d. I/we understand the physical location on my/our lot in relation to the common property line with Duke Energy, the FERC Project boundary, and any deeded flood easements or required building setbacks. I/we understand that this lake was constructed as a working hydropower reservoir for the primariy purpose of producing cost-effective electric energy and that this remains as the lake's primary purpose. I/we understand that the lake and its associated hydropower station are operated by DENA under the terms of a license issued by the Federal Energy Regulatory Commission (FERC) and that there will be no change in hydro project operations as a result of the construction and/or use of any facilities that 1/we may be allowed to place within the FERC Project boundary or on DENA-owned property. ]/we understand that lake levels wil I rise and fall over time in response to weather events and hydro project operations. DP NA PRIVATE FACILmES USERS AGREEMENT Final Rev. 10/13/03 Page 1 of 5 www.duke-energy.com I/we acknowledge that DENA provides no guarantee of any specific quantities (except those identified in the Low Inflow or Hydro Project Maintenance and Emergency Protocols) or quality of water in the lake. I/we acknowledge that DENA does not guarantee that an approved facility will always have sufficient water depth to be accessible by boat or for other water depth related recreation activities. Uwe understand that the structures to be installed are my/our property and Uwe therefore agree to be fully responsible for the permitted reservoir use including maintaining structures in good repair. If the facility is deemed unsafe by a Lake Services Representative, Uwe agree to repair or remove the facility at my/our own expense and within the specified timefaame. This responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. Uwe understand that as an owner or lease holder of property directly adjacent to DENA's Project boundary Uwe enjoy the same rights and privileges for general recreational use and enjoyment of the Project lands and waters as are afforded the general public. Uwe understand that as an adjoining property owner Uwe may, with proper written approval, be considered for expanded privileges as specified in the DENA SMG. Uwe understand that certain activities specified in the SMG are prohibited because of the DENA lakes small size, environmental concerns, boating capacity limitations, safety considerations and other reasons. Uwe understand that ownership/interest in a Common Use Facility eliminates the option for me/us to also have a separate facility on any other lot within the affected subdivision that I/we own or lease. Uwe understand that Lake Services' approval of the requested reservoir use in no way constitutes assignment of an interest in real property (i.e. land rights). The approval is granted and maintained solely at Duke's discretion. I/we also understand that the permitted use may be revoked at any time by Duke Energy or its successors for any reason whatsoever. If the approval is revoked, Uwe agree to remove the facility at my/our own expense within the specified timeframe set by Lake Services. Uwe specifically waive any claim for consequential damages arising out of or relating to this application, Duke's approval or denial of it, or Duke's subsequent revocation of approval, and Uwe specifically understand and acknowledge that, because Duke Energy can revoke the permitted use at any time, I/we are not entitled to reliance damages. Uwe understand that there will be no change in hydro project operations as a result of construction and/or utilization of the permitted proposed structures. I/we understand that the proposed structure will be used only for the purposes described in the information submitted to Lake Services and other appropriate governing bodies for approval. Uwe understand that this lake is open for use by the general public and that maintaining safe and lawful public use is one of the primary lake management objectives of DENA. Uwe understand that the use for which we are applying is a private use and it should not interfere with the general public's safe and lawful use of the lake. Uwe understand lake use permit holders have the authority to prevent others from trespassing on the structures they have built. I/we also understand that I/we, however, do not have any authority to impede anyone from DP NA PRIVATE FACILITIES USERS AGREEMENT Final Rev. 10/13/03 Page 2 of 5 pursuit of the lawful public recreation enjoyment of FERC Project lands and waters. Except as specified otherwise in the SMG or other DENA documents (e.g. Public Safety Plans), anyone may fish around/under structures built by others, may waWwade/fish within the FERC Project boundary or any DENA-owned peripheral strip, boat in the lake's waters, etc. without having to get anyone's permission to do so. Boaters may not block ingress/egress to piers/docks, Uwe understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife, and other natural resources. Uwe understand that trees and vegetation growing within the Project boundary play an important role in the overall environmental condition of the lake. The ecological benefit the vegetation has on the fish and wildlife habitat supports a sound and healthy lake environment. Uwe also understand that unauthorized removal of shoreline vegetation (i.e. button bushes, willows, cattails, etc.) and/or disturbance of the shoreline buffer may result in suspension or denial of lake use permitting requests and require me/us to re-establish the vegetation, if the disturbance is found to be in violation of the state or county watershed buffer regulations or Duke Energy Nantahala Area Vegetation Management Requirements. Uwe agree to notify Lake Services when construction is completed. During the construction period, the weather-proof "Duke Energy Approved Lake Use Activity" sign (to be provided by Lake Services) must be posted at the job site, visible from the water's edge. Uwe agree to notify Lake Services if the property is sold and provide the name and address of the new owner. The new owner has 180 days following the date of closing on the property purchase to sign this agreement and its conditions. Uwe agree to fully disclose all information regarding the approved private facility to any prospective buyer/leaseholder of the property and any new owner/leaseholder. Uwe agree that Duke Energy Lake Services will be notified immediately of any sale/transfer of the property and the transfer of the permit to the new owner/leaseholder. Uwe agree that Duke Energy may enter into agreements with third parties permitting use of the Project property that promotes the overall recreational purposes of the Project. Uwe agree that this agreement confers no right to construct or maintain public and private beaches, marinas or campgrounds. Uwe agree that the adjacent Duke Energy Project property shall be used exclusively for non-commercial recreational purposes. Uwe agree not to rent, lease or otherwise allow third parties (except for temporary use by guests, family members, and renters of the residential property) to use any structures permitted to me/us by DENA. Uwe agree not to allow any use of the adjacent property and will exercise due care and diligence to prevent all other persons that are affiliated with my/our property (including invitees, family members, guests, etc.) to violate an applicable federal, state or local law or regulation. Examples include but are not limited to nudity, illegal discharge of firearms or fireworks, controlled substance abuse, public drunkenness, public urination or defecation, or other activities determined to be a nuisance by law enforcement officials. DP NA PRIVATE FACILITIES USERS AGREEMENT Final Rev. 10/13/03 Page 3 of 5 J Uwe agree to exercise all care and due diligence to preserve and maintain the character of the DENA's adjacent property. I/we agree to comply with the DENA Vegetation Management Requirements. I/we agree further to not allow sewage, including discharge from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other waste material to be discharged or dumped into the reservoir, tributaries or adjacent property. Uwe understand that as an adjoining property owner Uwe can make no change in land form of land within the FERC Project boundary or land owned by DENA, such as grading, excavation or filling without prior written approval by Lake Services. Uwe agree that only floating piers/docks (unless otherwise authorized by DENA in writing) will be placed on the Project property and that no piers/docks or structures will be built on Project property without prior written authorization by DENA. Uwe agree for myself/ourselves, members of my/our family, guests and invitees that Uwe assume all risks of personal injury or property damage incident to my/our occupancy and use of the premises; including but not limited to any personal injury or property damage which may be sustained as a result of flood waters or in connection with the rise and fall of water in the reservoir as a result of floods or of the operation of Duke Energy's hydro electric facilities. Uwe as the adjoining property owner further agree that I/we will indemnify, protect, defend, and save harmless Duke Energy from any and all loss, cost, claims damages, expenses, judgments and causes of action for all injuries and damages sustained by the members of my/our family, guests, and invitees arising or claimed to have arisen in connection with their occupancy or use of the DENA- permitted facility(s). Uwe agree to comply with all FERC orders (as modified or interpreted by FERC), with all other applicable FERC Rules and Regulations imposed by Duke Energy, and with all rules or regulations imposed on Duke Energy by any governmental agency. Uwe understand this user's agreement does not have an expiration date and is transferable to the next property owner provided the new owner signs a new agreement within 180 days following the date of closing on the property purchase. I/we have included a check for the applicable filing fees and security deposits and copies of all other necessary permits. I/we acknowledge that DENA has the right to charge reasonable user's fees for private use of its property and that failure to pay any applicable user's fees in a timely manner can result in the suspension or cancellation of any previously approved lake use permit. Uwe agree to maintain any prescribed mitigation activities that are required in order to gain approval for facility construction, as long as the facility exists. I/we agree that camping is only allowed in designated areas. I/we recognize that I/we have the continuing responsibility to ensure that the constructed structures are maintained in good repair, including, but not limited to maintenance of the dock and boat slips, and proper erosion control within the permit area and along the shoreline, and agree to take all reasonable steps necessary to meet this responsibility. Uwe agree to maintain all structures within the Project boundary on DENA-owned property in a sound condition and in a neat appearance and pay all costs for said maintenance. DP NA PRIVATE FACILITIES USERS AGREEMENT Final Rev. 10/13/03 Page 4 of 5 Uwe agree that if any action is taken by Duke Energy to enforce any provision, covenant or agreement contained in this user agreement or DENA SMG or if Duke Energy is required to retain an attorney to enforce any provision, covenant or agreement contained in this user agreement or SMG (including, without limitation, the payment of fees due hereunder or the removal of an encroachment constructed in violation of this user agreement or SMG), then Duke Energy shall be entitled to recover all of its reasonable costs associated with such an action, including but not limited to, attorneys' fees and court costs incurred in such action and/or enforcement; provided, however, that the undersigned shall be entitled to recover all of its reasonable costs associated with such an action, including but not limited to, attorneys' fees and court costs incurred in such action and/or enforcement if judged to not be in violation of any provision of the User Agreement or SMG. Uwe agree that Uwe have read and will abide by the DENA SMG published under separate cover. Uwe understand that Lake Services representatives may issue Stop Work Directives for any violations of the SMG or engagement in prohibited acts or activities on DENA property as specifically identified in the SMG. Uwe understand that persons found to be in violation will be subject to DENA sanctions which can include: 1) restoration of the impacted area at the person's expense; 2) loss of consideration of any future lake use permitting activities for up to five years for improper vegetation removal or until vegetation is satisfactorily re- established (even if there is a change in property ownership); 3) revocation of a previously issued permit and loss of consideration of any future lake use permitting activities and/or reinstatement of the revoked permit; 4) increases in fees; 5) modification or removal of non-complying structures; and/or 6) further legal action being taken by DENA. Sincerely, (Applicant' Name) :s rv tS? L,J'? Lake Street Address r ITZJ City/State/Zip Code 9? Lake Phone Number (Designated Duke Energy Agent) DP NA PRIVATE FACILITIES USERS AGREEMENT I _L Applicant' Signature Home Street Address 14 o Il u)ocA E/ 333 i ?- City/State Zi Home Phone Number Date: G? eT- ?Z 2 G r? Date: Final Rev. 10/13103 Page 5 of 5 1 C ?HVX r-8& 9Ob ` TV Dv0aC- tNtA.y DUKE ENERGY LAKE SERVICES EC12-Q P O BOX 1006 CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800-443-5193 APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE ENERGY FILING FEE, PAYABLE TO DUKE ENERGY, TO ABOVE ADDRESS. 1. Applicant Information A. Name ouexy-nf y ?--) `° B. Mailing Address ' S S C. Telephone: 9Y q 6 -7 C II. Location of Proposed Project A. Lake 6--Z I& ' il.rr B. Street Address 4e ZA?707 C. County D. City, town, community or landmark E. Section rr Lot # S 7?-_3 lk SubdivJJsion ?> s 1 3 w I'vS4144-10 F. Directions to property by road 1fc.",?, tl?? C43Nt,*T=°w G c9.'J rte; J?`L3" G. Latitude and longitude for the project site w - 3 H. Please submit a map showing the coordinates or a detailed map (USGS qua map, city map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site, www.mallsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Lat/Long", click map) III. Description of Project A. Length of wall B. Material C. Distance from property line/shoreline --(q-- 0P-Q " IV. Intended Use of Project Area A. Private B. Commercial V. Applicant Signature _ Date i Z 2 - r `PLEASE NOTE THE FOLLOWING: • 2 COPIES OF THE "DUKE ENERGY APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA", PHOTOGRAPHS OF THE SHORELINE TO BE STABILIZED, AND FIVE (5) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF WATER QUALITY ATTENTION. CYNDI KAROLY PARKVIEW BLDG., 2321 CRABTREE BLVD. ,N RALEIGH, NC 27604 919-733-1786 YALAKEMWIAPackage Information\NC Shoreline Stabilization Application.doc (ATTACHMENT 8) '%- ~ - -- D. Techniques Bio-engineering techniques normally include minor grading to allow for the installation of a rip rap toe, rock gabion, Bio-log®, crib wall or similar structure in high energy areas. The structures are then enhanced by the addition of naturd/living material. For example. 1. live stakes - branches cut from living material and planted with stems and buds pointed upward. Initially they offer little to no soil reinforcement but do so after the first growing season once a root system becomes established. Often used with other techniques and conducted during the dormant season. 2. live fascine - branched bundled and secured together and placed in a very shallow trench along the toe of the eroded bank or in the bank face. They are usually installed in conjunction with geotextile fabrics above a rip rap or gabion toe. 3. brush mattress - includes both live stakes and live fascines. Provides protection of the shoreline upon installation and can be used in layers beginning just above a rip rap or gabion toe. 4. plant plug - plantings with intact root stock. Placed directly into the bank face with the soil compacted around the root stock. E. Follow up activities Riparian Zone Management Information: Duke Energy will design and publish an informational piece that will provide property owners with a range of information about bio-engineering techniques, material sources, information sources and the value of riparian zone. This will be the final project in the Riparian Zone Management initiative and will serve as a compilation of the on-going efforts through the year 2000. H. Mitigation - A. General Guidance Mitigation proposals should provide realistic but substantial allowances for reducing and relieving the impact of the proposed shoreline stabilization technique proposed. In general, mitigation activities should enhance the wildlife habitat in the immediate area of the stabilization activity and may consist ofbut are not limited to; enhancing fish cover under an approved pier or similar structure, maintaining a natural vegetative buffer along the entire shoreline of the lot, placing or maintaining secured cover and perching habitat (e.g. root wads, stumps, fallen trees, etc.) along portions of the shoreline. GpOLAUMGMMP*d h6nv&tkm io-Bgbwavng Womiabomdoc August 1$ 2006 2 Attachment L Duke Power Catawba-Wateree Project No. 2232 Keowee-Toxaway Project No. 2503 Shoreline Stabilization Technique Selection Process Environmental BottomlwW Hardwoo4 Shoreline Stabilization Project area Application classification Is the bank height less than ,, 2 feet? .- Is the bank height less than 3 feet? i Applicant can use hardening structures. Applicant can only use Seawalls not allowed, and nced rip rap. Nawalls or simple rip rap. Stabilization not allowed RevieWapproval and potential mitigation. No stabilization allowed in Mrs from March - June to limit impacts to fish spawning. Requires state wildlife agency (e.g., NCWRC, SCDNR) Is the bank height less than 3 feet? Mitigation requirements determined by state wildlife agency. Applicant can use hardening structures. Mitigation requirements determined by state wildlife agency. D3 07 rn rn Q 2 cr) ZUJ O? F- P Q V ZQ 20 W Q W pm HCO W W-, _w O Z= QCO) m O LL i? I I V-/ 0: qk? O z 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: ?OrQ L w1 t"w SZ) Street Address (at lake): 5 Ck) ± S c' Lake Name: (-?1?i' ill Lt?zc` •?L'!? Subdivision Name: rTt~ S 7-4 Property Section: Lot # a ' City: A- ttt (G??S County: J /?-Lfc S z e-) State: 14 . e Zip: 08^:71 7 Latitude: Longitude: Telephone: Directions (from major road or highway): N i= a'2 irY+'? (?3 f i llti f2 ?; 7-0 m r i?3 i C7 f"' C'L-1?Gtic •j L> fC.mai+'? zju r:9 t4,)/-)L £. F AZ-O-,-,N Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc): 4 ?s...?^v 1?;?ois N r`'r a r strnf?+ fio?' :a,I ;.,n ti (9r?ltrraTr+ CAA g'c> *Note: Please use the back of this form if desired to draw us a map to the site. gpal/LAKEMGMT/Package Information0rections by Road Fonn.doc August 18, 2006 {Page 1 of 5} ? } r•;. rj r.? t? Is i.? ?.+ .Z.J ?. tai .? f S ?.. ?.*? JACKS014 Ct3U N`r Y T1-1IS DEED xr-irl ,, s :.-?tttr_,r3 and deLiVe erl this 1(.th da,y cif C. GUISE, parties of the first part, and JOHN D. DAVIDSON and wife, iJ\J.CLl.1 -J. A.L i Lq .cJtLY ,I.SJiJ IJJ.'-'3 iJCi.A L.+.*S I.V +.AZ {.?i ray zs t. I. .. Ly THAT a;aid parties of the first part, for and in connidaration of the sum of Ten Dollare 1$10.00) and other good and vale able consideration's to 1 7n i.,., s, .:,1.i-is h.,,-eah.r ar•ir_r,.?czsl r+Pl.ap rt- 17s erP ; given, granted, bargained, sold and conveyed, and by head pcabeutrs do second part, their heirs and assigns, subject to the exceptions hereinafter situate, lying and being in Hamburg Township, Jackson County, North ` . `'? ?,= " ?f ..:. f S.?h?i_'rt i.+? i- r+'h.•rr+ Tnm,.el,if..,f TnrkArer 8.R R11ow2 Or { ..:t .: ..':... Surveyor, and more particularly described by metes and bounds iii ,• . : "4" a i P nd riiniq N. £iti W 140 f _el to a Mn° in l ne of Lot 038; them(, iii. .._. _ tt c. t3 «+U' L, iJ4 ii:ac W a jipt; tii U.G W. 160 feet to the PkEGINNING. -, - If ?'•: '.-,: ? •,',rb .•," t;-n ',?++irv r??Rrril?Hti ir?, i'.it.?9 t? ri '»nrs?rri<!ii irx 'i ;£ighL and easerneat W use, : a4nF &iu uimi liii7i:u vt., iii i,viAii iv [[ [ with others having the right to do so, a roadway as same is now ! ?} incatwd 1r-101ng frowl Uho above dese'V'Lbed pr4r.perty U Ov V,-JV0z1 ;_k Tra?ro:vn ?,r Mnw ? , -'?'v;t. Maatu c?aouaw 1( 1 ? 1 (Page 4 of 5) .80 _.00 do 3$ STATE OF NORTH CAROLINA COUNTY OF JACKSON WARRANTY D EED THIS WARRANTY DEED is made April 18, 1980 by and between ROBERT FAIRBROTHER and wife, GRACE FAIRBROTHER (hereinafter referred to in the neuter singular as "the Grantor") and JOHN D. DAVIDSON and wife, DOROTHY L. DAVIDSON (hereinafter referred to in the neuter-singular as "the Grantee"): W I T N E S S E T H: M ti( THAT said Grantor, for and in consideration of the sum of TEN and no/hundredths DOLLARS ($10.00) and other good and valuable considera- tions, receipt of which is hereby acknowledged, has given, granted, bar- gained, sold and conveyed, and by these presents does hereby give, grant, bargain, sell and convey unto said Grantee, its heirs, successors, administrators and assigns, all of that certain piece, parcel or tract of land situate, lying and being in Hamburg Township of said County and State, and more particularly described as follows: I,/ A portion of the property as described in that deed dated the 7th day of January, 1980 to the Grantor herein from Donald Weeks and wife, Julia Katherine Weeks, said Deed being recorded in Book 508 at Page 221 of the Jackson County Registry. And, being a portion of Lot No. 38 of Lill Switzerland Subdivision according to the plat prepared by L. Stephen Foster, Drawing No. F28-27, dated March 12, 1980, unrecorded. BEGINNING at an iron pipe, said pipe being the Northeasternmost corner of Lot 38 on the contour line of Lake Glenville as shown on the survey prepared by L. Stephen Foster of Lot 38 of Lill Switzerland Subdivision; thence, S 86° 59' West, a distance of 54.95 feet to a new iron pipe; thence, S 23° 14' West, a distance of 129.04 feet to a new iron pipe, said pipe being located in the northern edge of Guise Lane; thence, S 86° 50' East, a distance of 38.53 feet to a new iron pipe; thence, leaving Guise Lane, N 28° 34' East, a distance of 140.73 feet to the new iron pipe, said pipe being the northeasternmost corner of(Lot 38 ) the point of BEGINNING, containing .12 acres. This property is subject to the restrictions and covenants as contained in the Deed from Donald Weeks and wife, Julia Katherine Weeks to Robert Fairbrother and wife, Grace Fairbrother, dated the 7th day of January, 1980 and being recorded in Book 508 at Page 221 of the Office of the Register of Deeds for Jackson County, North Carolina. The Grantee and the Grantor hereby covenant and agree that the two parcels described as .12 acres of Lot 38 of Lill Switzerland Subdivision as identified in the plan of property prepared by L. Stephen Foster, Drawing No. F28-27, hereinabove referred to, shall be subject to the following covenant and restriction which shall run with the land and be binding upon the Grantor and Grantee and their successors in interest as to the two (2) tracts of land identified hereinabove as being .12 acres each: No structure of any type, mobile home, trailor, or otherwise, whether permanent or temporary can be constructed by the Grantor Grantee, their heirs, successors subject property. or assigns in interest on the TO HAVE AND TO HOLD the above-described lands and premises, ether with all appurtenances thereunto belonging, or in anywise rtaining, unto the Grantee, its heirs, successors, administrators, assigns forever, but subject always,,however, to the limitations set above. or f, ??? .- ? ?'r? _y . F ?, .,r-.SY?- ? ? r • ,C ? ? .? S \? LL:J . '? .i _y.. W' ? ? +? ? - ?. ?. ???? ? l ?_ ,?__ '- ?a? ?,?; _ ,..- _ _ . ?? ,?' `? , .t.'a r ,-? :? _ ? _„ ?t