20230829 Ver 1_user_20230809

I-Acnintlnn Project User's Agreement better
ll'Icase fill in the blanks. Please Print)
Date S 412023
TO Vukc Lncrgy
c ., Lake Sm ices - EC 12Q
52t• S. Churvh Strect
C har otw, NC 28202
RF: E\ca\ ation For (Subdivision and Lot Ws or Other Project Name)
Lot 1618 Crescent Land & Timber Corp.
(Lake CountvlCirv) Norman / Iredell / Mooresville
,_applicant sfiull name) Jeffery K. Mullins, II hereby agrees to comply with all
recommendations. requirements and/or conditions of Duke Energy, General Permit(s) (if
applicable) and other federal, state and local agency requirements pertaining to the application to
exca-vate for the purpose of a Access to the Dock
In addition. I/1ve have read and agree to comply with Duke Energy's current Shoreline
Management Plan (SMP) or other applicable guidelines, much of which is repeated herein, and
understand that written authorization must be obtained from Duke Energy prior to beginning any
activity within the Federal Energy Regulatory Commission (FERC) project boundary or on Duke
Energy property associated with a reservoir, collectively referred to as Project Boundary. The
excavation will be completed as described in the approved application and within eighteen (18)
months from the date of written approval by Duke Energy, unless specifically noted otherwise in
the application or unless Ilive obtain approval for a single, time extension (maximum of one year)
in writing from Duke Energy. Uive understand that if the SMP or other applicable guidelines or
rules change during any extension period. Ilive will be expected to comply with the new
requirements to the maximum extent practicable. Ilive 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 or other applicable guidelines and the new application must include any applicable
fees and security deposits.
1/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project
Boundary where the excavation activity is to take place, or if not the owner or lease holder,11we
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, Mve have included
proof of title to the property and written authorization from the owner(s) or lease holder(s) to
carry out the work on their land.
D%Ac rm. xy Page I Rcr.416r0'_0

1Ave understand that all excavation work trust he clone directly in front of my/our property and as
specified in Duke Fnergy's approval. I/rrc- also understand that access channels must run
perpendicular to the shoreline while within the third of the cove area that is nearest in/our
PrOPMN'
),c understand that liar pn►posed excavations, //11-e must notify the appropriate local, state and
federal agencies in advance of the activity by sending them a completed copy of Duke Energy's
l xc:r►ati��n 1'ennit :application Fornr and other required information. Vive understand that
N»;ttcn authoriUatlon and/or other pennits may be required by some of these agencies and such
rc.luintil a111110 . ations must be obtained before Ihve submit the final application to Duke
Z rt ctti� .
At FERC-licensed reservoirs. 1/rre° understand that except for maintenance excavations, any
cxcavatlon exceeding 2000 cubic yards of material removed or any excavation or shoreline
sin" iti-ation work needed to support an application that requires FERC review does itself require
specific revie►►- and approval by the FERC before Duke Energy can issue any approvals.
1-we a,--ree that unless specifically approved otherwise in the application, explosives will not be
used as part of this excavation activity.
!we understand that every reasonable effort must be made to minimize any adverse impact on
fish. wildlife and other natural resources.
1,ive 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 Duke Energy.
1,, ve agree that excavation activities will not occur during the months of March, April, May and
June because of the potential impacts to fish spawning areas.
N e 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
my/our expense, particularly if the disturbance is found to be in violation of state or local
ordinances or impacts FERC project buffers.
1/we agree 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.
a„►cr
xr 11age 2 R:v: 4.'N.0:0

l ive agree to adequately smbih7c ill C\Cavated matcrial and nil dislttrbcd shoreline to prevent
erosion and runotT inlo the lake.
1 we undct--tind that file double handling ol'exenvnted ntnlcrial will not he allowed; therefore, all
c\cavitod n►alctial must be placed above the 11n).ject Boundary in one handling.
/'►►•C have dcS►Cnod the hydraulie e\cnvntion process (i f an.v wil/ be user!) so that return water re-
rntcrs the lake in the Same f;cueral vicinity and cove as the excavation, to the maximum extent
.1racticzblc
wC at-nc that the prrposed excavation will not he for the purpose of creating additional
:h►-.rhnc. ►► ill not alter the PR)9ect Boundary or the full pond contour, and will not impact
lyre_ tared or endangcmd species, historic properties, or environmentally -important areas, unless
-;+:vial public cntiIN pnlvisions ►►crc trade in the application.
)-r that it is my our responsibility to clearly locate in the Feld and label on my/our
-ort arra dm inzs any arras that require specific protection or avoidance during this excavation
-k. Examples of these protection/avoidance areas include but are not limited to, any
►-n imcntal :arras. Natural Areas or Impact Minimization Zones as identified by Duke
junsdictional wetlands; historic properties; rare or threatened species; and buried gas,
--cr. sewer. electric or communications lines. 1/we agree to provide my/our contractor with a
,p, of t_hcse work -area drawings showing these areas to stress the necessary protection
:: s; res.
e 2ee that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are
,.o%ered during the excavation, work shall be halted immediately. I/we will then notify Duke
ergN and the State Historic Preservation Office to determine what measures, if any, Ave must
-sue to protect or salvage the archaeological resources.
e auee that an}, excavation from within the Project Boundary will not exceed the volume as
Iiaed in the application and will remove and disturb only what is absolutely necessary to
eve the project's stated purpose.
agree to be fully responsible for the permitted lake use and Uwe understand that this
,onsibility is considered to transfer automatically along with ownership and leases of the
Dining tract.
under -stand Duke Energy representatives may issue Stop Work Directives for violations of
;MP or other applicable guidelines and other consequences may result from such violations,
iding but not limited to suspension or cancellation of approved permits, increases in fees,
ification or removal of non -complying structures and restoration of disturbed areas at my/our
expense or loss of any consideration for future lake use permits. Mve agree to immediately
:)iy with any Stop Work Directives, to fully cooperate with Duke Energy and other agencies
cessary, and to perform the necessary remedial actions within the specified time frame.
Pate 3 Rev.IVN:Olo

/'r+r .'ll-trc Io &vrtrp an), tr'1111tril nuliratton plan,a and to rnmple r. nny requircd mitigation
pOlvtttcr. Pt nrl• oof own rklNcnce %%ithin thr cpecificd time frantci. /Ave recognize that the
cxca%wion vvoik ut nol colmilcird tomplcic and dcpotil-t will not be refunded until the
nimpation trqutrrntcnt% ill om) ha\r I)CCII satlofaclotlly IIIItIlled
L't,,r_ucccc_]o n��:t(�1?ul►cl.ctctL�_tu itllwlt;J111ctULtsLs�l�t tivn is iniliald and to ensure that
Diu �nt�hc c�4a�_at�+r�t cjJ W.I�S 1�'tll rx,5l Duke Lticruy's nphruval leper in a clear waterproof
ag_z3t t!Ic1Q'< !nc and_ l!lhlc_fi��[ll tht= Yvitrr's dgee.
••r Arri— to no',IIN DAC I rlctg). itt �4�tIIU when the excavation is completed (including any
rrqulrml mttigation measurrc► rind that the excavation was completed per the approved
App!ioatio,n. so a CIOW-aut InSprCtlon can be performed.
Hr rr*.-oFnt: c-ecunty deposits will not be refunded if any violations of the SMP, other
ap p licahlc guideline. or this user's agreement occur.
1-we un.lcr%tsnd there will be no change in hydro project operations as a result of the excavation
and or u:lltratton of the excavated area.
I -i4r ap= to maintain the work area in a safe condition and to fully indemnify and save Duke
Literp harmless from any and all claims, liability, loss or damage that may arise from this
etecavanon pmjcct
1-Nr undcrs=d that this user's agreement does not, in any way, constitute the transfer of any
n--hLs to real property and that nrjlour use and enjoyment of FERC project and Duke Energy
lands and A atom shall not hinder the general public's lawful use and enjoyment of the same.
Sincerely.
Applirar 's Narric (Pnnt) Applicant's Signature
rx,-Ap✓l,canr's Name (Print)
(.1,Afplkcant's Narne (Print)
C4,-App4cAnl'a Name (Print)
C4,-AIK,IIcanl's MIMC Ipriut)
Co -Applicant's Signature
Co -Applicant's Signature
Cu-Applicant's Signature
Co -Applicant's Signature
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