HomeMy WebLinkAbout20181003 Ver 1_Shoreline Stabilization_20180718State of North Carolina
�T Department of Environment and Natural Resources
Com:
Division of Water Resources
15A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization
Division of Water Resources
FORM: SSGP 10-2013
Shoreline Stabilization Application Form s PAIU
On 4-
copies of the application (including attachments) and the application fee should be sent to:
Division of Water Resources
401 & Buffer Permitting Unit
/Glia Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information [1SA NCAC 02H .0502(aj]
I Owner'nfnrmntinn
Name:
Mailing
201g1p03
C 14
V"�\s �q
Telephone Number: alOO - J &p - 5,xJ Fax Number:
E-mail Address: h a7
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/regdocs/Permits/SAMPLE AGENT AUTH
ORIZATION FORM.pdf) must be attached if the Agent has signed this application form.
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:-70q-wL&0 -5Y63
E-mail Address: S+ to _Sea wad In
Person to receive the Certification Approval:
11. 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 4
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: 'rejeNearest Town: JV r C 5 V i 1�2r
Subdivision name or site address (include phase/lot number): 3a(o r
r ;camrr� P.� N agI U .�I i...4 o
Directions to site - please include road names and numbers, landmarks, etc.: tl' I
Latitude (in decimal degrees) .35 Longitude (decimal degre
S. Describe the existing land use or condition of the site at the time of this application
(residential, undeveloped, etc.): 13 6 t[a_n�ICa
6. Property size (acres): . q 4 (c n -D
7. Lake/ river/ ocean adjacent to property: L I o r x lQ
8. Describe proposed work (include discussion as to how hardening of shoreline has been
avoided, or why it is necessary): Wired r'
00_- e -S
9. Will work be conducted from land? ❑ From water?
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:
11. Total amount of disturbance (including all clearing, backfill, 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: N o h R
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):
Owner/Agent's Signature's Printed Name udU:
[15A NCAC 02H .0502(f)1
'Agent's signature is valid only if an authorization letter from the owner is provided.
FORM: SSGP 10-2013
Page 2of3
i
Lake
(At Full Pond/ Normal Water Level)
M
Fu
Norma
SF
r- % , V I . . . - - _ . .
3at� s. VrV\ Rd
,�00rle5v; Mkt, ttc a$I
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 Initials_
Date Final Protection/Avoidance Area Markings Field- Verified
Approved to Start Work By * t
Date Completion Required
Date Passed Closeout Inspection*
Initials
(P11111) (Sign)
Date of Any Approved Extension Initials
Initials
Any Stop Work Orders or SMG Violations*? (check one) OYes ❑No (If Yes, explain fit PART V)
Date
Date Deposit Refunded initials Date Permit Database Updated Initials
* Forward copy of approved application (ail 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)
Name t ra MPS Telephone if di ^X78(0 ' 5323
Lake Address
3alro �. irk Fd.
Mailing Address (if different)
Contractor Company C 24 crone o.,ind 1?eeu C� i no LLC,
C -
Contractor Contact Person Telephone ( r LCD ii - t (a b - 5111
Contractor Email Address: �b� �e��-Y*!►SFJ��,�►r,d�4+�am rt -4'
LAKE LOT INFORMATION
Lake t4oawn County Micede ll City ImAr _ t ; [If State N, Tax Map No.
Subdivision %i 14 Lot / Section No. L&� to Lot Size. &Acres
Duke Energy Page 4 of 14 rev 2/6117
Excavation Program
Duke Energy Excavation Permit Application Form
Are there any Co-Applicants*2 (check one) ❑Yes ❑No (ff Yes, include names, addresses or
lot numbers, phone numbers, 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 tee and security deposit should be from the party shown as Applicant and not
several checks from the Applicant and Co -Applicants.
Do not continue the application until an on-site inspection has been conducted between a
Duke Energy Lake Representative and the applicant and/or the excavation contractor.
NOTE: Initializing this portion of the application by a Lake Representative in no way
constitutes approval or eminent approval of the excavation or any other lake use permitting
activity.
Date of on-site inspection CSG ZO IS
Initials (Duke Energy) __d12f r (applicanticontractor)
Duke Energy Page 5 of 14 rev 2/6/t7
Excavation Program
Duke Energy Excavation Permit Application Form
Part U. Description of Project
A. BASIC INFO
1. Type of excavation: (check one)
2. Purpose of excavation: (check one)
❑ Water Intake Channel
❑ Other (specify):
3. Lake user category: (check one)
❑Commercial Marina
❑Other (specify):
W New excavation ❑ Maintenance excavation
Boat Access Channel
❑ Wastewater Discharge Channel
private ❑Residential Marina
❑Public
4. Max. Excavation Area Dimensions (ft): Length 6 0 Width tJ 6
Depth 144
(Note: include additional area dimensions if necessary so response to #S below equals max. area
dimensions in #4)
5. Volume of Excavated Material (TOTAL for the project): ,3 5s- Cubic yards
6. Type of material removed (applicant determines by field sample if practical): i -I S 1 /
7. Excavation Site area: U 1 b 1 Acre (s) Disposal Site area:
(s)
8. Total Disturbed Area (including equipment staging area):
21 Acre
Acre (s)
9. Does thp4project meet the requirements of the applicable General Permit? (check one)
es ❑No
10. Do you claim title to the disposal area? (check one) ❑Yes �No CBe.
11. Do you claim title to the equipment staging area? (check one) ❑Yes 51N0
12. Are there any water- atment facilities within 50 feet of the proposed excavation area?
(check one) ❑Yes o
(If Yes. specify):
13. How will the excavated material be entrapped and the
erosion control plan and disposal area design):
controlled? (e.g. see attached
Duke Energy Page 6 of ld rev 2/6(17
Excavation Program
Duke Energy Excavation Permit Application Form
14. Type(s) of excavation equipment to be used: h -A me_ I eX C a VOL;- O r
15. Will waters or wetlands be crossed in transporting equipment to or from the site?
(check one) &'Yes ONo
(If yes, explain) 11ir►h ca
16. Will return water re-enter the reservoir? (Check one) OYes
points) of re-entry and show on Excavation Area Drawing)
o ON/A (If Yes, spec
17. Is there an ex ting facility (e.g. pier) that access is being maintained to by conducting the
excavation? VffYes ONo
(If Yes, specify the existing permit number. If No, include a scaled drawing of the proposed
facility). Permit # Jg73
18. Total planned duration of the work (Include first equipment mobilization, excavation
through final mitigation meast!igs complete):
START _&9F / FINISH
(Month) (Year) (Month) (Year)
Duke Energy Page 7 of 14 rev 2/&17
Excavation Program
Duke Enem Excavation Permit AmAication Form
PART 11. (Continued)
B. PROTECTION / AVOIDANCE AREA DESCRIPTION
Complete the following table including all land areas within and immediately adjoining the disturbed area:
Protection/Avoidance Areas
(check all that apply)
ApnroY
Acre
identification
Field ID
Method- *
Avoid (A) or Mitieate (M)
Work Area Dwe. ID
a. Marshland, swamp, ponds, beneficial
aquatic vegetation or other potential wetlands
(circle all that apply)
�n
/�'
b. Butler Zones (speck ividth & source
of requirement)
n U
c. Environmental Areas as identified by
Duke Energy
it /
d. Natural Areas as identified by Duke
Energy
tY/"
e. Historic properties (speck,)
(Y/A-
f. Rare or threatened species (spec)
Duke Energy Page 8 of 14 rev 2/6/17
Excavation Program
Duke Energy Excavation Permit Aaplication Form
Protection/Avoidance Areas
all that apply)
Aoarox
Identification
Method *
Avoid (A) or Mitieate (M)
Acre
LED
FID
LW
Work Area Dwg. ID
{**Z
B. Buried gas, water, sewer,
communications or electric lines (circle)
N //j1 A-
h. Impact Minimization Zones as
identified by Duke Energy
L Other areas requiring specific
avoidance, protection or mitigation (sped)
I
I�
* For "Field ID" column, specify entity or person that performed the identification and how it was physically marked (e.g. Duke
Energy (John Doe)/Pink and purple -dotted tape, Corps of Eng. (John Smith)/ 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
Duke Energy Page 9 of 14 rev 2/6117
Excavation Program
Duke EnerZy Excavation Permit Application Form
C. APPLICANT'S SIGNATURES
Comments:
3 Cf (9 1-1) 401-1c--)
--nUo }e v. I,- NC— :)� 11 ?
00t66V1 NG �kll
Applicant Name (print) Lot # __
Applicant Signature* Date 7/& & 0
Co -Applicant Name (print),t,t"1
Co -Applicant Signature*
Co -Applicant Name (print)
Co -Applicant Signature*
Co -Applicant Name (print)
Co -Applicant Signature*
Co -Applicant Name (print)
Co -Applicant Signature*
Co -Applicant Name (print)
Co -Applicant Signature*
Lot # n
Date % & i1
Lot #
Date
Lot #
Date
Lot #
Date
Lot #
Date
*Per my signature, the information provided in this application is correct to the best of my
knowledge.
Duke Energy Page 10 of 14 rev 2/6/17
Excavation Program
Excavation Project User's Agreement Letter
(Please fill in the blanks. Please Print)
Date %/L2 ii
r
TO: Duke Energy
c/o Lake Services - EC12Q
526 S. Church Street
Charlotte, NC 28202
RE: Excavation For (Subdivision and Lot #'s or
Name))_
(Lake/County/City) ern / Morl i
(Applicant's full name),4Qm `.' T&A i-tful,r iI&&s hereby agrees to comply with all
recommendations, requirements and/or conditions of Duke Energy Lake Services, General
Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the
application to excavate for the purpose of a h 4a,+- i2t gg CS
In addition, Uwe have read and agree to comply with Duke's current Shoreline Management Plan
(SMP), much of which is repeated herein, and understand that written authorization must be
obtained from Duke Energy Lake Services prior to beginning any activity within the FERC
project boundary or on Duke Energy 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
Services, unless specifically noted otherwise in the application or unless Uwe obtain approval for
a single, time extension (maximum of one year) in writing from Duke Energy Lake Services.
Uwe understand that if the SMP or other applicable rules change during any extension period,
1/we will be expected to comply with the new requirements to the maximum extent practicable.
1/we also recognize that failure to complete the excavation within this build -out period will
require the filing of a new application within the then -current SMP and the new application must
include any applicable fees and security deposits.
Uwe 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, I/we 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.
Uwe 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
n.t. s—y Page 1 Rm c,is/n
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.
IAve 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 Energy owns, or Ilive have written authorization from the owner(s) or lease holder(s) to
carry out the proposal within the project boundary adjacent to%n their land. IAve also understand
that access channels must run perpendicular to the shoreline while within the third of the cove
area that is nearest mylour property.
IAve understand that for proposed excavations, I/ive 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. I/we understand that
written authorization and/or other permits may be required by some of these agencies and such
required authorizations must be obtained before Ilwe submit the final application to Duke
Energy Lake Services.
I/we 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 Energy can issue any approvals.
1/we 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.
Uwe 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
(SCDI-lEC) or the US Army Corps of Engineers (as applicable) before submitting the completed
application to Lake Services.
Uwe agree that excavation activities in North Carolina and South Carolina will IIOt OCCUr during
areas.
the months of March, April, May and June because of the potential impacts to fish spawning
1/we 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. I/we 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
n:y/our expense, particularly if the disturbance is found to be in violation of state or local
ordinances or impacts FERC project buffers.
Duke Energy Page 2
Rer. 3118/17
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.
I/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent
erosion and runoff into the lake.
Ihve 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.
I/tine 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.
Ihve 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.
Ave 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. I/we agree to provide my/our contractor with a copy of
these work area drawings showing these areas to stress the necessary protection measures.
1/we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are
discovered during the excavation, work shall be halted immediately. 1/we will then notify Duke
Energy Lake Services and the State Historic Preservation Office to determine what measures, if
any, 1/we must pursue to protect or salvage the archaeological resources.
I/we 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.
Ywe agree to be fully responsible for the permitted lake use and I/we understand that this
responsibility is considered to transfer automatically along with ownership and leases of the
adjoining tract.
Ave understand Duke Energy representatives may issue Stop Work Directives for violations of
the SMP and 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 future lake use permits. I/rye agree to immediately comply with any Stop Work
Dake Embry Page 3 ear. 549M
Directives, to fully cooperate with Duke Energy Lake Services 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. I/we 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.
I/we agree to notify Lake Services by phone when the excavation is initiated and to ensure that
during the excavation period, IAt�e will post Duke Energy's approval letter in a clear waterproof
bag at the job site and visible from the water's edge.
Ave agree to notify Lake Services 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.
Am recognize security deposits will not be refunded if any violations of the SMP or this user's
agreement occur.
I/we understand there will be no change in hydro project operations as a result of the excavation
and/or utilization of the excavated area.
I/we agree to maintain the work area in a safe condition and to fully indemnify and save Duke
Energy harmless from any and all claims, liability, loss or damage that may arise from this
excavation project.
1/we understand that this user's agreement does not, in any way, constitute the transfer of any
rights in real property and that my/aur use and enjoyment of FERC project lands and waters shall
not hinder the general public's lawful use and enjoyment of the same.
Sincerely,
Applican s Name (Print) Lot # Applicant's Signature
T_wA i4nn e,
*Co -Applicant's Name (Print) Lot # *Co- pp icant'ys gnature
*Co -Applicant's Name (Print) Lot # *Co -Applicant's Signature
*Co -Applicant's Name (Print) Lot # *Co -Applicant's Signature
oako Ener&ry Page 4 Rev.. 5118M
*Co -Applicant's Name (Print) Lot # *Co -Applicant's Signature
* 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. By signing this
agreement, Co -Applicants are in fact recognizing and agreeing to the same conditions as is the party signing as
Applicant.
Duke EnaW Page 5 Rei: 543117
Type: CONSOLIDATED REAL PROPERTY
Recorded: 2/19/2013 3:44:36 PM
Fee Amt: $26.00 Page 1 of 3
Revenue Tax: $0.00
Iredell County, NC
Matthew J. McCall Register of Deeds
BK 2224 PG 2026 - 2028
QUIT CLAIM f NON4NARRANTY DEED
Excise Tax NONE Tax Parcel ID No. 4626-62-0509
Verified by County on the _ day of , 20_ By:
Prepared By & Mall/Box to: Vika M. West, Attorney at Law, PO Box 1562, Mooresville, NC 28115
Brief description for the Index: 326 South Ford Road, Mooresville, North Carolina 28117
THIS DEED, made this the (P day of 2013, by and belween
GRANTOR: ESTOKES LLC, an Indiana Limited LMWIWYIity Company
whose mailing address is 6334 Eagle blest Court, Fort Wayne, Indiana 46814
(herein referred to collectively as Grantor) and
GRANTEE: William Samuel Stokes and wde, Ruth Anne Stokes
whose mailing address is 326 South Fork Road, MoorerAle, NC 28117
(herein referred to coHecffvely as Grantee) and
jindude mating address for each Grantor and Grantee, marital status ofeach individual Gmniorand Grantee; and type of
envy, e.g., corporation, limited liablfity company, for each non-WOvidual Grantor and Grantee.]
WITNESSETH:
For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged. Grantor
hereby gives, grants, bargains, soft and conveys unto Grantee in fee simple, subject to the Exceptions and Reservations
hereinafter provided, ff any. the fb0mving described property kxebed in the City of /17�gj r //G County of
iredefi, State of North Carcina, more particularly described as follows:
See attached Exhibit A
The property described herein Is spedllearly subject to that Deed of Trust granted to Kim Fox, Trustee for the
benefit of Thomas H. Wpbs and wife, Anna T. Writs as security l w#W purchase money loan made to ESTOKES,
LLC timed April 1, 2011 and recorded in Deed Book 2114, at Page 1046, hedell County Ptak Registry.
Said property having been previously conveyed to Grantor by instrument(s) recorded in Deed Book 2114, at Page 1043
AND (reflected on plats) recorded in Map/Plat Book _na_, page/slide --pa
All or a portion of the property herein conveyed _includes or X_ does not Include the primary residence of a Grantor.
TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, in
fee simple. Grantor hereby warrants that Grantor has done nothIng to fnrp* the We as received by Grantor.
Except as warranted herein, Grantor makes no warranty, express or implied, as to tills to the property
hereinabove described.
Revised December 17,2W9
Pagc Count: /
_ ......�. net
All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, sucoessors and
assigns, and shag include the singular, plural, mascuine, feminine or neuter as required by context
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of this j�_ day of v v14 2013
STATE OF IIdDIANA
COUNTY OF AUM
I. Nancy Storms . a Notary Public for Allen County. Steffi of Ir dlana ---,CIO
hereby c artily that Wliflam S. Stokes, Member personally appeared before me this day and acknowledged that he is
Member of ESTOKES, LLC, an Indiana Limited Liability Company, and that by authority duly given and as an ad of the
limited fiabilily company, and that he as its Member, in such capacity and being authorized to do so, executed the foregoing
on behalf of the Limited Liability Company.
I cwft that the Signatory personally appeared before me this day, and (check on of the fonowing):
I have personal knowledge of the Identity of the Signatory; or
_ I have seen satisfactory evidence of the Sigrmtoryrs identky, by a current state or federal identification with the
Signatoryrs photograph in the form of (check one of the bob* rg): _a driver's ficense or
_ in the form of ; or
a credible witness has sworn to the identity of the Signatory
The Signatory acknowledged to me that he/she voluntarily signed the foregoing document for the purposes stated therein
and in the capacity Indicated.
Witness my hand and official sal this the 6t—h, day of Febir JarY . 2013.
(Notarial Stamp / Seal)
Notary Public ParlRY bLOrm
My commis : 03.07.17
Revised Deoember 17, 2009
EXHIBITA
Legal Description
Grantor: ESTOKES, LLC
Grantee: William Samuel Stokes and wife, Ruth Anne Stokes
Being 1.11 acres, more or fess, and being substantially all of Lot 6 in Section 8, as shown on map
recorded in Map Book 15, at page 31, in the Iredell County Public Registry as conveyed to
Thomas H. Willis and Anna T. Wills by deed recorded in Deed Book 1014, at Page 871, axogrifing
from said tet the portion conveyed by Thomas H. Willis and wife, Ann T. Willis to Rebecca S.
Turlington and spouse, Stephen R. Endres recorded in Deed Book 1978, at page 897, and said
1.11 acnes more particularly described as follows:
BEGINNING at a #5 rebar located on the on the southern margin of the right of way of
South Fork Road, a common comer of Thomas H. Willis and wife, Anna T. Willis, Deed Book
1014, at page 871, now or formerly, and Roy R. Payne, 111 and Louisa S. Fong, Deed Book 1201,
at Page 1275, now or formerly, and running thence with the dividing line of Willis and Payne,
South 41-50-28 West 188.85 feet to a #5 mbar thence continuing South 59-32-34 West 111.40
feet to a computed point; thence continuing South 64-56-00 West 39.12 feet to a computed point;
thence continuing North 58-32-00 West 8.53 feet to a computed point; thence continuing South
83-00-00 West 67.81 feet to a computed point, thence continuing North 54-07-00 West 27.84 feet
to a #5 rebar, a common comer of Willis and Rebecca Turiington and S. Endres, Deed Book 827,
at Page 96 and Deed Book 1978, at Page 897, now or forrnedy, thence running with the dividing
live of Willis and TurlingtonlEndres North 33-00-14 East 68.26 feet to a computed point, thence
continuing North 28-20-19 East 220.34 feet to a #5 rebar located on the southern margin of the
right of way South Fork Road, thence running with the southern margin of the right of way of South
Fork Road along a curve with a radius of 284.78, an arch of 46.28 South 78-55-59 East chord
distance of 46.23 to a point, thence continuing with the southern margin of South Fork Road South
83-36-00 East 101.24 feet to a point; thence continuing with the southern margin of South Fork
Road along a curve having a radius of 132.53, a arch of 74.48 South 67-30-33 East chord
distance of 73.50 feet to the POINT AND PLACE OF BEGINNING containing 1.11 acres more or
less as shown in that survey dated May 1, 2006 prepared by Rufus Jackson Love, Professional
Land Surveyor signed February 16, 2009.
The property described herein is specifically subject to that Deed of Trust granted to Kim Fox,
Trustee for the beneW of Thomas H. Mills and wift, Anna T. Willis as security for that purchase
money loan made to ESTOKES, LLC dated April 1, 2011 and recorded In Deed Book 2114, at
Page 1046, Iredell County Public Registry.
Revised December 17, 2008
VICINITY JUP
A'& SCALE
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BOUNDARYIPHYSICAL FURVEY
PROPERTY OF
a L FV;
THOMAS H. WILLIS & wf., ANNA T.
t- APIAPA"ly '4 HOY U)VAIM #f A MMVArtV MO ZOK
—6004oft OV 04VootAX CaMj;Vr*-qW,
1.326 SOUTH FORK ROAD
ip amum,cavulat ~' w mcn*wl rouVa DL T,
404AMOU10 A"
PT. OF LOT 6, REC. LOTS, SEC. 8, M9 15 PC- 31-37
Na 040 4'0'4'4�
Ap��
DEED BOOK. 1014-871. PIN #46.26.52-9599
DAVIDSON TOV61q.9-11P, IREDELL C)'UNTY
NORTH CAROLINA
MAY 1, 2MIS
wvaw oliltlw to Of" Lot txr i;tvm. ALMO "R*t Loo.
FsX
80
give
CBC, 5tone and Recycle, LUC./Natural Gree -n,
5cupe, S, LILIC out herd; zcr.Io.n. ilro obtain the
necessary inf ormict lomi, foes sli-abilization and
dredge permits.
'r agree:
CATAWBA RIPARIAN BUFFER NOTIFICATION FORM
Project Name/address: a l Q ?Ur
> >4_ -,County: Trec4e I
Low Print Sigv?ti
Contractor/agent:
Print ` " /' URnature
The approval is for the purpose and design described in your application_ Impacts not indicated in the
application is a violation of the Buffer Rule. Site specific work should be provided in the application. [15A NCAC
02H .0506 and 15A NCAC 02B .0243(8)]
Trees are not allowed to be removed from Zone 1 of the Buffer (within 30 ft of the full pond elevation), unless
approved. Exception, those trees that are severely undermined along the immediate shoreline can be removed.
Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6))
Benching, grading in the buffer is not allowed. Excessive disturbance of ground cover. [15A NCAC 02B.0243 (6)]
Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved
by the Division. There are limitation on size for decks. [15A NCAC 02B .0243(4) and (6)]
Work to be conducted from land must indicate an access and indicate any trees that are to be removed. The
work corridor should be described. The approved access corridor shall be restored. Staging, spoil, construction
material must be outside the buffer. [15A NCAC 02H .0502 and 15A NCAC 026 .0243 (4), (6), (8)]
Stormwater cannot be piped or channeled for direct discharge to the lake. All constructed stormwater
discharges must be at the natural elevation and discharged prior to entering the buffer directed as diffuse or
sheet flow at non-erosive velocities to the lake. [15A NCAC 02B .0243(5), (6)]
Acknowledgement of Notification
I, _� —� s,r%2, Aja S)lZ k46 , hereby state that I have been informed of the Catawba
Riparian Buffer Ru . Any work conducted in the buffer, not specifically stated in the application and approved
by the Division of Water Resources (DWR), is a violation and subject to enforcement. Due diligence will be
taken such that the construction will be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules he approved plan(s) and specification(s), and other supporting
materials.
Signature (owner)_—Date:4JO1
State of North Carolina j Environmental Quality I Water Resources
512 N. Salisbury Street ! 1611 Mail Service Center ; Raleigh, NC 2 769 9-1611
a19.707.9000
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Sam and Ruth Anne Stokes
326 South Fork Rd.
Mooresville, NC 28117
-I- IK7 -A—
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rISFACnoN. The dL4x secured br thr w4un f ievi of 1 lt»t 1. q1.M wl 1
6 Itae llo"I setnsall thelociry has hem w1rojed its lull
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lls�IILas 14C 28115
I.ponfro " mlium h.49 acrars - N.[:. HWY. 150 Il -1 late.
NORTH CAROLINA DEED OF TRUST
pel,fl"I rnarla•llsta slay 6A
GR.w lure
hTTE H. BREDGES anti
LkSLiE 13th i MMS
r•) . !/y And IVWMM
1141-1#111 S kMEt .f: MV
MARK L. CIM-ULKS, ut THE JOHN W. aFFEY, JR. TI
1 redr 11 4.atllu t. y . N.C. and ttARY »hcFs CAPLET lu
ap1Y►9e++ 'a t•r aa.
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`lesitwrnv e,1 naavt.: as re•y.as.••1 by • •rnla;.t
t:NE_ 111tNDRED FORTY-TWO TWUSAND F71
MIri'ttiV)111m. tkanlut b ry to ll.a• it111clovol its div hwa-lm •.tI•still 74 uMED maA
AND-------- _ w _.»..r....�
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EXHIBIT tlAtl KfTA(;RL'I) HERETO AND I N(:1)KI"UhATED 11thE i N W; KgrUKE`NCS FOR A FULL AM COMP
RjrnOK OF SUBJECT PROPL'HTY .
Type: CONSOLIDATED REAL PROPERTY
Recorded: 2/19/2013 3:44:36 PM
Fee Amt $26-00 Page 1 of 3
Revenue Tax: $0.00
iredell County, NC
Matthew J. McCall Register of Deeds
BK 2224 PG 2026 - 2028
QUIT CLAVI / W"ARRAhl" DEED
Exase TmC NONE Tax Parcel ID No. 4626.82-0509
Verified by County on the ,_ day of 20L_W.
Prepared By & MaWBOx to: Vlri M. West. Attorney at Lew, PO Box 1582, Mooresville. NC 28115
Brief d"WPO n for the Indmc//325 South Ford Road, MDcresvrlle, North Carolina 28117
THIS DEED, made this the In day of Fieri a s cs . 2013, by and between
GRANTOR: ESTOKES LLC, an Indiana Lbnibd LhbNNy Company
whose coaling address Is 5334 Eagb Nest Court Fort Wayne, kndfana 18814
(herein referred ib aollechvey as Grentod aryl
GRANTEE: 1fi1N8sm Samuel Stokes and win, Ruth Anne Sfoiws
whose malling address Is 328 South Fork Road, Ilboreavflla, NC 28117
(herein referred to ooledivey as Grantee) and
Bndudemaft addressforeacb G=Wand Grantee, ued"oof
entlly, e.g., carporaBcn, wed BabWrycampeny, 4xasch nwm� Grantor and Grantee)
WITNESSETH:
For valuable consideration from Grantee to Grantor. the MCOW end aulfrJency ofwhich is hereby admowledged, Grantor
Eby . grants. bengairm sells and conveys unto Grantee In fee simple„ subject to to Exceptions and Reservations
hendnafterp►ouided. If any, the lbWw V described property located i1 the Cly of //1d a -County of
Iredell, State Of North CaMWW more particularly described as blovrs:
See attached Exhibit A
The property described herein Is apsolflally subject to that Dead of That granted to Kbn Fox, Trustee for the
bsaeM of Thomas IL Willis and wits, Aura T. VANIs as scarily for that purchase money ban Made to EVOKES.
LLC dated April 1, 2011 and recorded in Deed Book 2114, at Page 10% kadell County PubNc Rsgfsby.
Sart property having bean previously conveyed to Grantor by mss) recorded in Dead Book 2114, at Page 1043
AND (reflected an plet(s) recorded in MaplPlat Book _,ns_,, page/slide _na
All or a porton of the property herein conveyed _ irhdudes or_,c_ does not include the primary residence of a Grantor.
TO HAVE AND TO HOLD unto Grantee, together wflh at prNNeges and appurtenances thereunto belonging, in
fee simple. Grantor hereby warrants tat Grantor has dao nothing to WW* #w tkls as received by Grantor.
E>oapt as warranted herein, Grantor hakes no warranty, express or hupNed, as to ttte to the property
harekaboe aescrOW.
Revised December 17, 2009
Pap
13NS OPQ SI
AN references to Grantor and Grantee as used herein shell krctode the parties as well are their heirs. successors and
assigns, and thea Ina de the *lguler, phaar, masottm, feminine or neuter as required by contebd.
IN WITNESS WHEREOF, the Grantor has duty e1t8QrtCd the foregokrg 58 of Unix day of i�.� lr N . 2013
STATE OF _ IMIANA
COUNTY OF AUEN
I, Nancy Storms alloleryPWftforAUen C=*.Staisof Indiana do
herebyr Cdr* that VMaM S. Stakes. Member psrsxw y appeared bob me thle day and acknowledged Rpt he is
Member of ESTOKES. U.C. an Indiana Limited Liability CwWW. mrd that by autl-* duly given and as an ad of the
Wnisd liability company, and that he as Its Mernber. In such cgxcky and being aulhodzed to do so, exeaded to
on behalf of the Limited Llubiity Company.
I CWW that the Signatory Personally appeared before me this day, and (check on of the f UWng):
I have Per—W knowledge of the idenMy of the Signatoryr, or
Signe spftotograph in the (dieck oris of re SignaWg e d ivar R affrent stateor idandfieatlon we the
_ In the form of : or
_ a credible witness has swam to the War* of the Sigriatory
The Sign"ardmowledged to me Rpt helshe vdunM* signed the foregokrg document for the purposes stated Rarein
and In the h Irdested.
Wdness my hand and ortkial seal this the 6tk day of February . 2013.
(Notarial Stamp i Seal)
Notary P 03.07.17
�'DIAN
Revised December 17, 2009
EXHIBIT A
Legal Description
Grantor: ESTOKES, LLC
Grantee: WlUism Samuel Stokes and wife, Ruth Anne Stokes
Being 1.11 acnes, more or less, and being substantially al of Lot 6 in Section 8, as shown on map
recorded to Map Book 15, at page 31, to the Iredell County Public Registry as conveyed to
Thomas H. Willis and Anna T. Wills by deed recorded in Deed Book 1014, at Page 871. exceptino
from said lot the portion conveyed by Thomas H. Wills and wife, Ann T. Willis to Rebecca S.
Tudington and spouse, Stephen R. Endres recorded in Beed Book 1978, at page 897, and said
1.11 acres more partimlarty described as follows:
BEGINNING at a #5 reber located on the on the southern margin of the right of way of
South Fork Road, a common comer of Thomas H, Willa and wife, Anna T. Willis, Deed Book
1014, at page 871, now or formerly, and Roy R. Payne, III and Louisa S. Fong, Deed Book 1201,
at Page 1275, now or formerly, and running thence with the dividing line of Wille and Payne,
South 41-50-28 West 188.85 feet to a #5 rebar, thence continuing South 5932-34 West 111.40
feet to a computed point thence continuing South 84-56-00 West 39.12 feet to a computed posit;
thence continuing North 58-32-W West 8.53 feet to a computed point thence continuing South
83-00-00 West 67.81 feet to a computed point, thenos continuing North 54-07-00 West 27.84 feet
to a #5 rebar, a common corner of Wiflrs' and Rebecca Turgngton and S. Endres, Dead Book 827,
at Page 96 and Deed Book 1978, at Page 897, now or forrrrerly, thence running with the dividing
live of Willis and TurlingtonlEndres North 33-00-14 East 65.28 feet to a computed point, thence
continuing North 28-20-19 East 220.34 feet to a #5 rebar looted on the southern margin of the
right of way South Fork Road, thence running with the southern margin of the right of way of South
Fork Road along a curve with a radius of 284.78, an arch of 46.28 South 78.65-59 East chord
distance of 46.23 to a pant, thence continuing with the southern margin of South Fork Road South
8336-00 Fast 101.24 feet to a polm #moo continuing with the southern margin of South Fork
Road along a curve having a radius of 132.53, a arch of 74.48 South 67-30-33 East chord
distance of 73.50 feet to the POINT AND PLACE OF BEGINNING containing 1.11 acres more or
less as shown in that survey dated May 1, 2006 prepared by Rufus Jackson Love, Professional
Land Surveyor signed February 16, 2009.
The property described herein Is specifically subject to that Deed of Trust granted to Kim Fox,
Trustee for the benefit of Thomas H. Willisand wife, Anna T. VWM as securtLy flor that purchase
money loan made to ESTOKES, LLC dated April 1, 2011 and recorded In Deed Book 21% at
Page 1046, Iredeil County Public Registry.
Revised December 17, 2009