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HomeMy WebLinkAbout20190070 Ver 1_Shoreline Stabilization_20190114State of North Carolina Department of Environment and Natural Resources DWR 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: Mailing Address: 2 0 1 9 0 0 7 0 EI Telephone Number: Q&LI- )39 - 3o9(n Fax Number: " °t t7ldr rtn ri +wrn,:.ay. E-mail Address: ,eLL�a.�de_r�orna��. Corn 2. Agent/ Contact Person Information LJ A signed and dated copy of the Agent Authorization letter (a form can be downloaded here: httP://www.saw.usace.army.miI/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTH ORIZATION FORM.pdf) must be attached if the Agent has signed this application form. Name: Compar Mailing Telephone Number: r104 -U60-51[ l Fax Number: 11C)L(- C(.A.O - 5(q (_0 E-mail Address: 01�0C `'ie6LWCLI 5Q7 t�J'� Y1G<<`i+reGlYYl _ C1e�" Person to receive the Certification Approval: C e Eben 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: Nearest Town: Moo rew',1�,p Subdivision name or site address (include phase/lot number): Ion ac-1AerL , f Iobre,sy+lke APIC All l Lo+ 45� Directions to site - please include road names and numbers, landmarks, etc.: +o exp+ 35. lAe�en k4 ak Grk to rnegg- isn�v I�. raWleu �c.�nal1�i ron �' nine 5i -i on �aa,J J U)AOQ� Rd_, Ar I i C l rCle 1 TCA iii. ,I nei, e k 4- In "y6 a o n lra", Ia.! )L --6o[ Rd . +k n 4Lj r n r i mh-E o y4n S-6hP m x,k� Pd, V B Latitude (in decimal degrees); 5 _ 5 11 t c)p Longitude (decimal degrees) 5. Describe the existing land use or condition of the site at the time of this application (residential, undeveloped, etc.): Reb I (1eAta,1 6. Property size (acres): J. 15 7. Lake/ river/ ocean adjacent to property: `An r, rnct n 8. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): ArGdCiC L4 60e_ 9. Will work be conducted from land? © From water? /0 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, 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: 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): gees ee ren -10 u e.(� i Vrn , r\' , mu.1 CA ► S i U r 1)a if I/2ZZo/ y, Date is signature is valid only if an authorization letter from the owner is provided. FORM: SSGP 10-2013 Page 2 of 3 La ke (At Full Pond/ Normal Water Level) 55 ' q C U+ yon Full Pond/ Normal®=v®el� Shoreline .50 � 13�F-Fed. No -Frees r-err,oved rYl', n , r,,Aa d i S%u r 6ati c -V. +o b � r Go' � prEdg�e. 5d D ►spoaAJl (AcC£SS 'J e�'F � 1'� 1► �. tea ,cte. �� resv I fie, l�(C dg 1 F7 Please approximately sketch the following information on this plan (provide dimensions for each item, such os 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 CATAWBA RIPARIAN BUFFER NOTIFICATION FORM UfCi d e - Project Name/address: 110 66Nemory erR-1. 000reSv+NCasnCounty: Zre-cle11 Owner: Contract 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 02B.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 1, Jeq'P LKLdf_ , hereby state that I have been informed of the Catawba Riparian Buffer Rule. 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, the approved plan(s) and specification(s), and other supporting materials. Signature (owner) Date: G . State of North Carolina I Environmental Quality I Water Resources 512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh, NC 27699-1611 919.707.9000 DON ALLEN & ASSOC IATES,P. A. 'Since 1971' Commercial • Residential • Mor{y�ge Surveys sMulti-Family Construction Staking • Subdivision Design + Topogropwcol 131 Crosslake Park Drive - Suits 102 • Mooresville • NC • 28117 (704) 664-7029 (704) 664-8041 Fax I, certify that this map was drawn under my supervision from an actual survey made under my supervision recorded in deed book 1075 page 21_ 11 - and/or R. lat book 14 p'a * 34 _ that the ratio of precision is 1%10,000, that this map A+a red in accordance with the General Statutes of North Carolina Chapter 89C. my hand ands the 2 day of SEPT. A.D. 20 18eakcna., /„ FIRE PIT 760 caNTotxt PER 1 ACTUAL PIQp suRVEY LAKE � 52 NORMAN ��• 0 FJP Zi -fl.00a 11� LINE TABLE LINE BEARING LENGTH L1 5179'15' N 48'20`0 " E. 101,23- L31'00" E 16.92' L4 N 3 14.82' LOT 1690 1ILLIAM BARGER 2167\557 UUMM 'IIs -PP. - POWER POLE item E1P. DU N0 ,IDN PU MD IP.s .. R NSM art R/III . mu—ar—MAY ® . VEIL EIL • MID W 11ai V . Uafr POLE PDE . PUBW DRAINAGE EAaBOn CP . cmruvw Pam WILLIAM M. ALLEN, JOHN P. GAYDAC $ yT \ 2207\1998- DER . 9 /_UNGROUhID ER / POW LOT 52 =.` 1.15 AC. t' b '9D VICINITY MAP***NO SCALE POINT OWNERS ASSOC. INC. 1307\1288 . NOTES 1) THIS PROPERTY MAY BE SUBJECT TO ANY EASEMENT AND/OR RIGHTS-OF-WAY OF RECORD. 2) AREA COMPUTED BY THE COORDINATE METHOD. 3) EXISTING 760• & 761' CONTOUR ELEV— ATION BASED ON LAKE NORMAN LAKE LEVEL AT COWAN'S FORD DAM (READING 77.2, iz-w(ON4 UNDERGROUND POWER � 5;NO GRID MONUMENT FOUND W17HIN 2000 FEET. 4p4R1fER � PN NAIL RO�j 0' 25' 50' 100' so' R/� P H YSI CAL SURVEYOF I I I I - 110 STO SCALE IN FEET NEMARKER 1W. LOT 52 CRESCENT LAND & UMBER CRP., SECT. 6 SCALE 1" - 50' DAVIDSON TWSP., IREDELL CO., N.C. FED BOOK: 1500-a PILE: CLT 152 ao ACQUIRED BY. JEFFREY WAIDE ea RAFt TAX MAP N0: 4112418NA7 1/7/2019 lredell.ConnectGlS CONNECTGIS WEB HOSTING IM 128 CD +/132 • n cp , i C. 4 pj0 Pf3 G7 l i� 54 61 126 • i I� i f Mps:/firedell.connectg is.conYMap.aspx ?47 1:94 i Feet 842 0 O l.�rkc• :��rr»rcJrr _`r tGJ_— �E� 859 52 ry 2288 r. • 110 2 121 X21 861-859A 860 SFE L05 ,22 23: u 1/1 12/4/2018 Maps 11 o Stonemarker Rd 110 Stonemarkar Rd - Google Maps Imagery 02018 Google, Map data @2018 Google 50 ft httpsJ/www.google.corrVrnaps/place/11t3+Stawnarler+Rd,+Moores4lle,+NC+28117/@35.5178662,-80.9358282,231rrddata=l3m111e3l4m5l Wl ls0A8858ac4e4e4709c9:0)06054f57ee03893el8m2!3d35.5175752!4d-... 1/2 1/8/2019 g[ Maps 110 Stonemarker Rd I Slonemarker East Rd 110 StonemarlBr Rd - Google Maps ? 000,16 r Bla cZ nea C-) Go 9i£:, f110 Slonemarker Road Map data ©2019 Google 50 ft, i httpsJ/w m.goog!e.corrJmaps/p!ace/110+Stonemari er+Rd,+Mooresville,+NC+28117/@35.5173425,-80.9357148,197/data=!4m5!3m4!1sOAR%ac4e4e4709c9:0)66054f57ee03893e!8m2!3d35.5175752!4d-80.935051... 1/2 1/8/2019 MyTopo Map Print t a `1 } � 1. Al'j K 780 VIM8 ���—_� "„ _. ---••► .. ` 769 i ELEVATION 760" 00 1, 2i N 4 0 0.5 Mi 0 3000 Ft Map provided by MyTopo.com http:Ilmap-pass.nVq)o.corrYmapslprink nVopo.asp?print=20&scale=2.5&Iayer=DRG&layer=HILLSHADE&lat=35.51729666133454&Ion=-80.93557614999997&orient=l&res=144 111 sow AW IW V, 04 A At ? T eme nw Nq_ _21 777, --7 low 40 If - ti 14� �0 Jeff and Julie Waide 110 Stonemarker Rd. Mooresville, NC 28117 7# '� r k ' �r �y+lt.• +�r1 ih� f� ig o '1 9 F44411 -- 4 P- j v i vi Disposal Site :r Fr k^ r ff It-zf ..• as 7# '� r k ' �r �y+lt.• +�r1 ih� f� ig P- Disposal Site :r Fr k^ r ff It-zf ..• as •",� _,.: - „ 'fin` ,,,� ? -�� ,eX.k _ . ,�•�..� t .7 T# ' i "crab' - � ,�n.•yTr�'...`"^�• 1 �+•'`=�"` �.� ' -, Irl-+- '`� �''^'"•°.Jj ,,;-.. f"' �""i� �•w cr ry r._ �y s;.,. ..ir ,.�,. �+"�"Cv„'i. r'O.D w. 4 - e e i t Jeff and Julie Waide yh` 110 Stonemarker Rd. _ Mooresville, NC 28117 y DREDGE SPOIL DISPOSAL FORM UJ0- i d e. Project Name/address:lV2,1I Irnrel, d(e ►P a&7County: T,rPc-Ae(C Location Address: Parcel #: Q Loa y 4p, l 61 '1 Parcel/lot size ) , 15- a r _5 Disposal area required (sq ft and/or acreage) SO ' X o O 1, Acknowledgement of Notification I, __J e4 ( JJ i a am aware that the site must adhere to all state regulations and rules regarding sediment and erosion control and water quality. And give permission for Name of Individual and domVany to dispose of their dredge material at the above stated location Owner: JEFF W M1 o c Print Date: / 4,Z Za Along with form, please provide: Aerial of parcel/lot (County GIS) Photo of proposed spoil site Identified proposed spoil site Signature Duke Energy Excavation Permit Application Form FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit S Check # Date Reev'd Initials Date of Duke Energy Lake Services, applicant and/or contractor on-site inspections Dateo l t4A Initials 1) wa Date Final Protection/Avoidance Area Markings Field - Verified Approved to Start Work By * Date Completion Required Date Passed Closeout Inspection* Initials y Date (Prhrt) (sign) Date of Any Approved Extension Initials r Initials Any Stop Work Orders or SMG Violations*? (check one) ❑Yes ❑No (!f Yes, explain iii PART V) 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 Part I. Applicant Information (Please Print) Name_ Se f F E ju I t e. UJ at de. Telephone (_} 2a4 - a39 304 .... •. u'_ ... Lake Address Mailing Address (if different) Ile) Guar- ?)A Samn2 Contractor Company CM_ter, 1? Iee-LC.I t na LLC Contractor Contact Person 770-A ; -A'ea1 Telephone (_) spy - QUO —51 it Contractor Email Address: C CSeawa-Us a) 1 MEAr nrv, _ n + LAKE LOT INFORMATION Lake Rartin, County 711-edp.11. City e%filje - State _&C,, Tax Map No. SubdivisionCrespk L mt 'F-Tm6,,r Lot / Section No. la1- -9 5 Lot Size 1.1 SAcres Duke Energy Page 4 of 14 rev 2/6/17 Excavation Program Duke Energy Excavation Permit Anniication Form Are there any Co -Applicants*,? (check one) 13Yes E(No (If Yes, include names, addresses or lot munbers, phone munbers, 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. 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 1vay constitutes approval or eminent approval of the excavation or any other lake use permitting activity. Date of on-site inspection 01 04 I q Initials (Duke Energy) J014111 (applicant(contractor) Duke Energy Page 5 of 14 rev 2/6117 Excavation Program Duke Energy Excavation Permit Application Form Part It. Description of Project A. BASIC INFO 1. Type of excavation: (check one) RrNew excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) ❑ Boat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel O'Other (specify): nein dccA , 6occk =xx5s 3. Lake user category: (check one) 19'Is'rivate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (specify): 4. Max. Excavation Area Dimensions (ft): Length 140_ Width 55" Depth L4 ' (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): 3aS. 9a Cubic yards 6. Type of material removed (applicant determines by field sample if practical): dir+ 1-6i 1+ 7. Excavation Site area: . 2AM Acre (s) Disposal Site area: to Acre (s) 8. Total Disturbed Area (including equipment staging area): Q . 3 7 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) MYes ❑No 10. Do you claim title to the disposal area? (check one) ❑Yes 0No 11. Do you claim title to the equipment staging area? (check one) ❑Yes Of4o 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes 0No (If Yes, specify): 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and disposal area design): Lu;+h S1 1+ Pence- we- Kb 1 %uVGtr Duke Energy Page 6 of 14 rev 216/17 Excavation Program Duke Energy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: 6- a / eYr aua-+o r 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) Wes ONo (If yes, explain) In � �jn„ro V- 16. Will return water re-enter the reservoir? (Check one) OYes SKo ON/A (If Yes, sped points) of re-entry and show on Excavation Area Drawing) 17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? OYes [No (If Yes, specify the existing permit number. If No, include a scaled drawing of the proposed facility). Permit # Sag 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START / ick FINISH (Month) (Year) (Month) (Year) Duke Energy Page 7 of 14 rev 2/6117 Excavation Program Duke Enerzy Excavation Permit Application Form PART II. (Continued) B. PROTECTION / AVOIDANCE AREA DESCRIPTION Complete the following table including all land areas within and immediately adjoining the disturbed area: Protection/Avoidance Areas (check all that apply) Approx Identification Method * Avoid (A) or Mitigate (M) Acre Field ED Work Area Dwe. ID a. Marshland, swamp, ponds, beneficial aquatic vegetation or other potential wetlands (circle all that apply) b. Buffer Zones (specify width & source of requirement) c. Environmental Areas as identified by Duke Energy WLA d. Natural Areas as identified by Duke Energy uJA e. Historic properties (specify) f. Rare or threatened species (spec) Duke Energy Page 8 of 14 rev 2/6/17 Excavation Program Duke Energy Excavation Permit Aaalication Form Protection/Avoidance Areas (check all that apply) Approx Acre Identification Method * Avoid (A) or Mitieate (ND Field ID Work Area Dwa. ID 9. Buried gas, water, sewer, communications or electric lines (circle) h. Impact Minimization Zones as identified by Duke Energy N 1A L Other areas requiring specific avoidance, protection or mitigation (spec) N * 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 2/6(17 Excavation Program Duke Energy Excavation Permit Application Form C. APPLICANT'S SIGNATURES Comments: LEI J- a Applicant Name (print)_ ale�� I �, r- , Lot # Sa Co -Applicant Name (print) ?t '."j'gE 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 # 5a Date 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 Excavation Program my 2/6/17 Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date j4A[LJ_ TO: Duke Energy c% Lake Services - EC12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For (Subdivision and Lot #'s or Other Project 1VameJ11O �_ nernorkpr 7.7 (Lake/County/City)or,.� /�redel� / ,�oCreSv� t1� (Applicant's fill name)_�1 n ,dt 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 rye W o�u I . c rQc In addition, Ilive 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 bcginning 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. Ilive understand that if the SMP or other applicable rules change during any extension period, Uwe 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. I/we 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. Ilive 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, Ilive have included Duke &WW Page 1 Rev: 1112/17 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. 1/tive 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 Ave have written authorization from the owner(s) or lease holder(s) to cavy out the proposal within the project boundary adjacent to/on their land. 1/tive also understand that access channels must run perpendicular to the shoreline while within the third of the cove area that is nearest my/our property. I/we understand that for proposed excavations, Uwe 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 1/we 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. [live agree that unless specifically approved otherwise in the application, explosives will not be used as part of this excavation activity. 1/we understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife and other natural resources. I/we understand that applicants in South Carolina proposing excavations that are not covered under the General Permit, or are greater than 150 cubic yards, must receive prior written authorization from the South Carolina Department of Health and Environmental Control (SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed application to Lake Services. 1/we agree that excavation activities in North Carolina and South Carolina will not occur durin areas. g the months of March, April, May and June because of the potential impacts t 1 fish spawning 1/we understand that trees and vegetation growing within or adjoining the lake playan 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.11we 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 nay/our expense, particularly if the disturbance is found to be in violation of state or local ordinances or impacts FERC project buffers. Duke &'' Page 2 Rer. 5113/I7 Ihve 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/tve agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. I/we understand that the double handling of excavated material will not be allowed; therefore, all excavated material must be placed above the project boundary in one handling. I/eve 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. I/tive 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. I/we recognize that it is my/our responsibility to clearly locate in the field and label on my/our work area drawings any areas that require specific protection or avoidance during this excavation work. Examples of these protection/avoidance areas include but are not limited to, any Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. Uwe 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. I/we will then notify Duke Energy Lake Services and the State Historic Preservation Office to determine what measures, if any, I/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. I/we 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. 1/we 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. 1/we agree to immediately comply with any Stop Work u.ke E�aU Page 3 R=548117 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. 1/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 aeree to notify Lake Services by phone when the excavation is initiated and to ensure that durin the excavation period, I/we will post Duke Energy's approval letter in a clear waterproof baQ at the tob stte 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. I/we 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 tofully indemnify, and save Duke Energy harmless from any and all claims, liability, loss or damage that may arise from this excavation project. Ave understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that my/otcr use and enjoyment of FERC project lands and waters shall not hinder the general public's lawful use and enjoyment of the same. Sincerely, - TeFF-0.tde Applicant's Name (Print) LTU16"P UTfI,OJV *Co -Applicant's Name (Print) *Co -Applicant's Name (Print) *Co -Applicant's Name (Print) Lot # *Co -Applicant's Signature Lot # *Co -Applicant's Signature Duke �ry Page 4 Rev. 5/18117 *Co -Applicant's Name (Print) Lot # *Co- * 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 8naby Page S Rav; 3:18117 g,v y� �.r.lIF �n � 8 e' 2s, L ; mC.r: 'c -z'! g FrJfr s tha b a edge peri -os : r•� Type: CONSOLIDATED REAL PROPERTY Recorded: 1 0/11201 8 2:00:44 PM Fee Amt: $970.00 Pagel of 2 Revenue Tax: $944.00 Iredell County, NC Ronald N. Wyatt Register of Deeds BK 2581 PG 494 - 495 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $944.00 Purchase Price: $472,000.00 Parcel Identifier No. 4624481877 Verified by County on the _ day of 20 By: Mail/Box to: Grantee Instrument prepared by: Ben S. Thomas of THOMAS, GODLEY & GRIMES, PLLC, 514 Williamson Road, Ste. 421, Mooresville, NC 28117 File# 2018089883 Title Insurance Company: Meridian Title Company Brief description for the index: L52 CL&TC, Sect 6 GRANTEE Caralyn B. Brace and husband,I Jeff Walde and spouse, Marc Cole Mowry Julie Waide 4320 E Taurus PI Chandler, AZ 85249 Property Address: 110 Stonernarker Road Mooresville, NC 28117 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Iredell County, North Carolina and more particularly described as follows: Being all of Lot 52, in Seetion 6. of Crescent Land and Timber Corp. as shown on map recorded in Map Book 14 at Page 24 In the Office of the Register of Deeds for Iredell County. Paye Count a-0-t•Ct1S Pd SI Book: 2581 Page: 494 Page 1 of 2 Delinquent Property taxes, if any, are to be paid by the closing attorney to the county Tax Administrator upon disbursement of the closing proceeds. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2455, Page 2365. All or a portion of the property herein conveyed X_ includes or _ does not include the primary residence of a Grantor. A map showing the above described property is recorded in Book 14, Page 24. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 1. Any and all easements, rights of way and restrictions of record. 2. Any and all zoning and planning ordinances. 3. Any discrepancies as an accurate survey of the premises might reveal. 4. Any and all other matters of record. IN W S W F, the Grantor has duly executed the foregoing, WAS race - (SEAL) M o (SEAL) MuY (SEAL) (SEAL) (SEAL) State of Ner*,Gwoiina-. County I, the undersigned Notary Public of the County and State aforesaid, certify that Caralyn B. Brace and Marc Cole Mowry personally appeared before me this day and acknowledged the due executio of the foregoing instrument f the purposes therein expressed Witness my hand and Notarial stamp or seal this day of 2' NOTARY PUBLIC My Commission Expires: —6 STATE OF ARIZONA Notary Public (Affix Seal) STEPHANIE s6Doomw *O 's rioted o Typed Name [140 y Com tsion ExWrw Auywt G. ?021 State of North Carolina - County or City of Iredell 1, the undersigned Notary Public of the County and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this day of 20 My Commission Expires: (Affix Seal) Book: 2581 Page: 494 Page 2 of 2 Notary Public Notary's Printed or Typed Name