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HomeMy WebLinkAbout20160721 Ver 1_Shoreline Stabilization_20160725State of North Carolina Department of Environment and Natural Resources Division of Water Resources kmmww�15A NCAC 02H .0500 — Water Quality Certificati f Ah ftTation Division of Water Resources F 2013 Shoreline Stabilization Application Form 6 O j 21 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 �Ar I. Applicant Information [15A NCAC 02H .0502(a)]JUL 2 5 20116 1. Owner Information Name: 1 DEQ -WATER RESOURCES ITTING Mailing Address: 1 r v"e 461 &BUFFER PERM 5tpu�,(-)1A 4,5(f)5z Telephone Number: '740 -AN -235(0 Fax Number: E-mail Address: � i�W0A1e_ ' R QO l . COQ 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.miI/Portals/59/docs/regulatory/reedocs/Permits/SAMPLE AGENT AUTH ORIZATION FOORM.pdf) must be attached if the Agent has signed this application form. T Name: )nv-\ na q'4) 0 r' Company Affiliation: ]�v1 CCl`-3�' r UtAD J ��.� �..t R �I�, x_yyls 11,)C_Mailing Address: �Q er+�1 �OQd��f' C-r-ou-4-w�a�✓� NC S I tD LO Telephone Number: 704 •5Z8-7400 Fax Number: 7n4 - 5Zf�- 3400 E-mail Address: CIonyla. t. C Person to receive the Certification Approval: r Lanco-Lbkr avb vvi 0-0—OK5 II. Project Information [15A NCAC 02H .0502(a) & (b)] 1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. 2. Provide a detailed site plan showing property boundaries and proposed locations of vegetation clearing, structures (buildings, retaining walls, docks, impervious surfaces, FORM: SSGP 10-2013 Page 1 of 3 etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the diagram provided at the end of this application form. 3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort- a yard stick, shovel handle, etc.) 4. Location of the property (where work is to be conducted) County: i re_clel` Nearest Town: --V'V-0t.0C (Xn I Subdivision name or site address (include phase/lot number): Ql`e.Y1C�ale -ROi4 I,4 Z0 Directions to site - please include road names and numbers, landmarks, etc.: Erern El N5 4ay-le ei& 4 z, . Turn 14 � 0n+o U52,1 Noy+yi -nwafA TVrowkrmn . Turn I eaai- III I is X UMM. 29.1%1=1211 11111 LL 1, AA Latitude (in decimal degrees) 35. (oZ9 OR Longitude (decimal degrees)" a1) • ` L91Z9 5. Describe the existing land use or condition of the site tat the time of this application (residential, undeveloped, etc.): 'ReS1de.nAiCA 6. Property size (acres): • 5% 7. Lake/ river/ ocean adjacent to property: Nr_YV V an 8. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): Dre3Ge. area- -�p 4 U ct R& L)rm(' -rn,r- n"P-c-'Cl 9. Will work be conductecrom land? ❑ From water? M 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: 3R3 a.-. 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: 0 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): 9� Owner/Agent's Signature Printed Name Date [15A NCAC 02H .0502(f)] 'Agent's signature is valid only if an authorization letter from the owner is provided. FORM- SSGP 10-2013 Page 2 of 3 A Full Pond/ Normal Water Level m � � � � Shoreline (At Full Pond/ NoLake t Water Level} Dre8,�C. e � /0 aond � C F ' � ,N '44 If C, j �r t 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 3 m 0 • L a% �3 a� 0 cl c M ro X O v M X L c o, C w L 3 c Go n U N v O .O o c fy U to Z O heU r'fo c c N v fo L Q 1� Ln M O C O v x N CL N T1 - c to 4J 3 Z� CL u 0 0 X O ul fa L N U N c M 3 c O to m X U It O O ,1 In O � � O O n t •3 a fo 0 M � ' X N , LTi- ----------------------- , ------------------ m • L a% �3 p1 c 0 cl c M X O M X C w L c Go n U N v O .O c fy U to Z O Oc O- fv r'fo c c N O L Q 1� Ln M O C O x N fa li N F - T1 WRW'V,M M A. G .Sp � E"�� 3 t•+ �t• TTT��� t � F'r, YpY. .Y. S F � U 6/23/2016 IMG 6710.JPG https://mai I.google.com/mai I/u/0/#i nbox/1557e268b63a87a3?com pose=1557d76157151 b1 c&projector=1 1 /1 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 DatQQ . 7 1[ n Initials09—K Date Final Protection/Avoidance Area Markings Field - Verified Approved to Start Work By * Date Completion Required Date Passed Closeout inspection* Initials (Pi uu) (Sign) Date Date of Any Approved Extension Initials Initials Any Stop Work Orders or SMG Violations*? (check one) []Yes ❑No (If Yes, explain in PART V) Date Deposit Refunded initials Date Pen nit Database Updated P initials * Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work Orders with annlicatinn_ PART 1.. - APPLICANT INFORMATION (Please Print) Name_ f1Ock CO 10 p[2;ra Ykl( wgILP� ��,�. j Telephone (740)2,59- 03 go Lake Address—Ze"A Al 1 eridake 1rcIe, Mailing Address co M" rC (`f diff r) �Y' n )' woMex' Contractor Company L DL)r LJ Contractor Contact Person LAKE LOT INFORMATION Lake J�_nCounty re Subdivision k1 en d to l?hl Y1-1- 5 Ir Ory i eW r Va. _ H 4 5(o5Z _ Telephone (%- 400 304 (o Z, 9- (o09 (o city.. V_Qq. (i Y) State L V V Tax Map No. 4(vZb1097(p i (o Lot / Section No ZD Lot Size .54 Are there any Co-Applicants*9 (check one) ❑Yes [Ko (If Yes, include names, addresses, phone nos., lot nos, lot sizes in PART V - ADDITIONAL INFORMATION) * Co -Applicants exist when the proposed work is being done under a single application, will be perfonned 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 Services Representative (DELSR) and the applicant and/or the excavation contractor. NOTE: Initializing this portion of the application by a DELSR in no way constitutes approval or eminent approval of the ercavation or any other lake use permitting activity. Date of on-site inspection��: Z 4 1Q Initials (Duke Ener '1 Energy) �`� (applicant/contractor) Duke Energy Page 1 of 11 Excavation Program rev 9/19/14 e.\#daren\@duke permit\c-w excavation application 11 3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICA'T'ION FORM PART II. - DESCRIPTION OF PROJECT A. BASIC INFO I Type of excavation (check one) ❑ New excavation R Maintenance excavation 2 Purpose of excavation. (check one) Coat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel ❑ Other (specify). 3 Lake user category. (check one) 9Wn—vate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (specify). /� r 4. Max Excavation Area Dimensions (ft) Length 8 Width '-1 —) Depth / (Note include additional area dimensions if necessary so response to #5 below equals niax. area dimensions in #4) 5 Volume of Excavated Material (TOTAL for the project). 1 5ct Cubic yards 6 Type of material removed (applicant determines by field sample if practical) C.Ayj(� ' �j^I I CI 1 \' 7 Excavation Site area . J 9 3 '1 Acre (s) Disposal Site area- • 33 Acre (s) 8 Total Disturbed Area (including equipment staging area) 3q.3 Acre (s) 9 Does the project meet the requirements of the applicable General Pennit9 (check one) CKes ❑No 10 Do you claim title to the disposal area9 (check one) CJ'S'es ❑No 1 I Do you claim title to the equipment staging area? (check one) O'Yes ❑No 12 Are there any water -treatment facilities within 50 feet of the proposed excavation area9 (check one) ❑Yes Flo (If Yes, specify) 13 How will the excavated material be entrapped and the erosion c o trolled a design) trolled (e g see attac:ed erosion control pipit and drs al area desr n) r-ple- II Ve b r 14 Type(s) of excavation equipment to be usedkYl� 15 Will waters or wetlands be crossed in transporting equipment to or from the site9 (check one) ❑Yesto (If yes, explant) 16 Will return water re-enter the reservoir? (Check one) ❑Yes kNo ❑N/A (If Yes, specify point(s) 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? []Yes ONo (If Yes, specify the existing penrrrt number If No, include a scaled drawing of the proposed facility) Pernui # 18 Total planned duration of tf}etiwork (Include first equipment mobilization, erca`von throughfinal mrhgatron measures complete) START �/ / !_� FINISH / __/ _L (Month) (Year) (Month) (Year) Note: Notify Duke Energy Lake Services at 1-800-443-5193 prior to commencing any excavation work within the project boundary. Duke Energy Page 2 of 11 iev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3 10.docx z O H URI R i �O L .K L 'K O Q .fl O Q O 1. � 6a L y L 0 3 d � o s� cd 0 K � O O L � u Q Q � T i � LLl Q D 3 vco i tl O. C m u it N ¢ i >r,4- c , ° In c � ca ° c 3 O .v' O ani Q C13 -C on N � a' cu co U C i bTD Cr m v W i i L 'K O Q 0 Q 0 # 3 O O t d L d Q Y L 0 3 C O 9 X U O � L � Q Q T � U w � c cd v o ro C U u q c o N U C Cd y R y .Ui b0 � v � F LU U U � U � O o � a 6 a R 7b U O ro 'O U O U a� c cd o> Y cd C C a o y U O i � O = 0. t y T ,yT U = = U Cx] � a� G 1 " C m, 1 t C ~ 8 0 T � U = t cd 0. t N O 3 � � T L y O c L � O U C C 'UO U U Q Y oL U E O O � Q 0. 1 � O Y3 C ' o U a `o b0 c Y o4 b0 ca U � �T O U.- aT N c F O C/1 u = 0 aJ b0 c LL LU � O [Ny, L + U J 7i a DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM C. APPLICANT'S SIGNATURES Comments - Applicant Name (print) 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* Co -Applicant Name (print) Co -Applicant Signature* Lot # Z V Date co— 15 —, Lot # 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. BEFORE YOU MAIL THE APPLICATION TO DUKE ENERGY LAKE SERVICES ENSURE YOU HAVE: • CHECKED THE INFO THOROUGHLY • MET ALL REQUIREMENTS FOR A COMPLETE APPLICATION (see cover letter of application package) • INCLUDED A SINGLE CHECK TO DUKE ENERGY FOR THE APPLICATION FILING FEE AND SECURITY DEPOSIT • INCLUDED ALL AGENCY PERMITS OR COMMENT LETTERS AND RESOLVED ALL ISSUES RAISED • INCLUDED ALL REQUIRED DRAWINGS (INCLUDING PROPOSED FACILITIES), PERMIT # FOR EXISTING FACILITIES, SURVEYS AND PLANS • INCLUDED COPIES OF DEEDS AND AUTHORIZATION LETTERS Duke Energy Page 5 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3. l0.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM PART III - INFORMATIONAL REQUIREMENTS FOR ALL APPLICANTS (NC & SC) In addition to the completed application form PARTS I & If, the following items must be provided to Duke Energy Lake Services for all applicants in North and South Carolina fl A copy of the deed and registered survey plat or other instrument under which the applicant claims title to the affected property (the shoreline adjoining the excavation area, equipment staging area and the disposal area), OR if the applicant is not claiming to be the owner(s) of said property, then forward a copy of the deed and registered survey plat or other instrument under which the owner(s) claim title plus wntten authorization from the owner(s) to carry out the project on their land. An accurate scaled drawing (i"=25' for projects <1000 cubic yards of material removed or I"= 100' for larger projects) of the area to be excavated, including all the infonnation required under Application Process - ITEM 5 of the Application Package cover letter (Attachment 1) le An accurate scaled drawing (I"=25' for projects <1000 cubic yards of material removed or 1"= 100' for larger projects) of the proposed design for the disposal area, including all the information required under Application Process - ITEM 6 of the Application Package cover letter (Attachment 1). Also include any erosion control plan or standard reporting form requirements as noted under ITEM 6 of the Application Package cover letter ,p' A map or Duke Energy Directions by Road form showing directions to the excavation area and disposal area JV A USGS topographic map with a directional arrow indicating the exact location of the excavation project and Latitudinal and Longitudinal coordinates for the project site / A list of names and addresses of adjoining property owners for both the excavation area and disposal area. G A copy of all permits and/or letters of correspondence to/from local, state and federal agencies that require notification or issue individual permits H Provide the existing permit number if excavation is being conducted to maintain access to an existing facility (e g pier) or provide an accurate scaled drawing of any proposed facility if a facility does not currently exist Note: A separate application and approval is required for proposed Private Facilities (e.g pier) A check for the application filing fee and security deposit and the signed Excavation Project User's Agreement letter *USGS maps may be accessed via the Internet at http-//eis enr.state.nc us/ utilizing the following pathway Data catalogue/Digital Raster Graphics/specific county. Longitudinal and latitudinal information is available via the Internet at www mapblast.corn, www mapsonus corn or www.maptech.com Duke Energy Page 6 of 11 1 e 9/19/14 Excavation Program e.\#daren\@duke permit\c-w excavation application 11.3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM PART IV — AGENCY REVIEWS/APPROVALS REQUIRED A NORTH CAROLINA APPLICANTS ONLY I The following agencies and the Catawba Indian Nation Tribal Historic Preservation Office require at least 30 days prior notification for all excavations in North Carolina reservoirs. Notify them by forwarding a completed copy of this application, including the infonnation required under PART III A -F to U S. Army Corps of Engineers N C State Historic Preservation Office Regulatory Field Office N C. Dept of Cultural Resources 151 Patton Avenue Division of Archives & History Room 208 c/o Ms. Renee Gledhill -Earley Asheville, North Carolina 28801 4617 Mail Service Center (828) 271-4014 Raleigh, NC 27699-4617 (919)733-4763 Catawba Indian Nation Tnbal Historic Preservation Office Dr Wenonah Haire 1536 Tom Steven Road Rock Hill, SC 29731 (803) 328-2427 What to Expect. a) If the excavation can be done under the requirements of the General Pen -nit (GP) or a Nationwide Pen -nit (NWP), you will typically receive a copy of the Corps' tear sheet documenting authorization and providing any additional instructions. if the excavation isn't covered under the GP or a NWP, you'll be required to obtain an individual 404 Dredge and Fill permit from the Corps b) You will typically receive a letter from the NC SHPO documenting their concurrence with your application, requiring additional information or recommending modifications You must address each comment in your final application c) You must receive written documentation from the Corps that your application either meets the requirements of the GP or a NWP or that the proper 404 Dredge and Fill pen -nit has been received before Duke Energy can process your application d) If you do not receive any documentation from the NCWRC within 30 days of their receipt of your application, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them (See exception for Commercial/Conveyance/FERC review applications below) e) if you do not receive any documentation from the NC SHPO within 30 days of their receipt of your application, you must provide that agency with a follow-up letter requesting the agency comment on your proposal within 15 days from the date of the letter If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them Note: This second 15 -day letter requirement also applies to the agency reviews in PART M.A. 1-4 when the application is far a Commercial Facility, Conveyance or other application requiring FERC review. 2. In addition to the three entities in PART iV A I above, if the proposed excavation is located in the counties listed below, the applicant must also provide at least 30 days prior notification to the following agency by forwarding a copy of the completed Excavation Pen -nit Application Fonn (including the information required under PART 111 A -F) to (For Alexander, Catawba, Cleveland, Gaston, Iredell, Lincoln or Mecklenburg Counties) N.C. Dept of Environment & Natural Resources Division of Water Resources 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 (704)663-1699 (704) 663-6040 (fax) (For Burke, Caldwell, McDowell or Transylvania Counties) N.0 Dept of Environment & Natural Resources Interchange Building 59 Woodson Place Asheville, North Carolina 28801 (704)251-6208 What to Expect a) You will typically receive a letter providing Division of Water Resources concurrence, which may require additional information or recommend modifications You must address each comment in your final application to Duke Duke Energy Page 7 of 11 Excavation Program e:\#daren\@duke permit\c-w excavation application 11 3.10 docx rev 9/19/14 DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM b) You must receive written documentation from the NCDENR that 401 Water Quality requirements are met before Duke Energy can process your application 3 In addition to the above requirements, if the proposed excavation is located in Mecklenburg County, the following agency must be provided with a copy of the completed Excavation Permit Application Fonn (including the infonnation required under PART III A -F) Mecklenburg County Land Use and Environmental Services Agency 700 North Tryon Street Charlotte, North Carolina 28202 (704)336-5500 What to Expect: a) You will typically receive a letter from the county documenting their concurrence with your application, requiring additional infonnation or recommending modifications You must address each comment in your final application. b) If you do not receive any documentation from the county within 30 days of their receipt of your application, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them (See exception for Commercial/Conveyance/FERC review applications below) 4 In addition to the above requirements, if the proposed excavation is part of a Commercial Facilities Application, Conveyance Application, or will require FERC review, the applicant must provide at least 30 days prior written notification to the following additional agencies by forwarding the completed Excavation Permit Application Form, including the infonnation required under PART III A -F N C Wildlife Resources Commission U S Fish & Wildlife Service c/o Mr Chns Goudreau c/o Mr Mark Cantrell 645 Fish Hatchery Rd 160 Zillicoa Street Marion, NC 28752 Asheville, NC 28801 828-652-4360 Ext 223 (828) 258-3939 Ext. 227 (For lakes Wylie, Mtn Island, Norman, Lookout, Hickory) (For lakes Rhodhiss and James) N C. Dept of Environment & Natural Resources N.0 Dept. of Environment & Natural Resources Division of Environmental Health Division of Environmental Health Public Water Supply Section Public Water Supply Section c/o Mr Britt Setzer c/o Mr Harold Saylor 610 East Center Street; Suite 301 59 Woodfin Place Mooresville, NC 28115 Asheville, NC 28801 N C. Dept of Environment & Natural Resources Division of Parks and Recreation 12700 Rayleaf Church Road Raleigh, NC 27614 (919)733-4181 What to Expect. a) You will typically receive a letter from each agency documenting their concurrence with your application, requiring additional infon nation or recommendmg modifications You must address each agency comment in your final application b) If you do not receive any documentation from an agency within 30 days of their receipt of your application, you must provide that agency with a follow-up letter requesting the agency comment on your proposal within 15 days from the date of the letter If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address thein. Note: This second 15 -day letter requirement also applies to the agency reviews in PART /V.A. 1-4 when the application is for a Conintercial Facility, Conveyance or other application requiring FERC review. Duke Energy Page 8 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11 3 10 docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM PART IV — AGENCY REVIEWS/APPROVALS REQUIRED B SOUTH CAROLINA APPLICANTS ONLY I Consultation or review is required by the S C State Historic Preservation Office (SC SHPO) and the S C Institute of Archaeology and Anthropology (SCIAA) for all excavations in South Carolina. The applicant must submit a copy of the completed South Carolina Department of Archives and History State Histonc Preservation Office Project Review Form (attached) to S.C. State Historic Preservation Office S.C. Institute of Archaeology & Anthropology Department of Archives and History c/o Mr. Jim Spirek c/o Ms. Caroline Wilson 1321 Pendleton Street 8301 Park Lane Road Columbia, SC 29208 Columbia, SC 29223-4905 What to Expect a) You will typically receive a letter from the resource agencies documenting the agency's concurrence with your application, requinng additional information or recommending modifications You must address each agency's comment to your final application. b) if you do not receive any documentation from the resource agencies within 30 days of their receipt of your application, you must provide that agency with a follow-up letter requesting the agency comment on your proposal within 15 days from the date of the letter If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application review process, you will also be required to address them c) For the SCIAA agency the applicant must wait 30 days after receiving the signed postal returned receipt If a response from SCIAA has not been received by this time you may proceed with the application process, recognizing however that if their comments come in later in the application review process, you will also be required to address them. 2 (For Lake Keowee only) Consultation or review is required by the Eastern Band of Cherokee Indians (EBCI) for all excavations on Lake Keowee The applicant must submit a copy of the completed Tribal Historic Preservation Officer (THPO) Consultation Information Form (attached) to Eastern Band of Cherokee Indians c/o Tyler Howe PO Box 455 Cherokee, NC 28719 What to Expect a) You will typically receive a letter from the EBCi documenting the tribe's concurrence with your application, requiring additional information or recommending modifications. You must address each comment from the tribe in your final application b) if you do not receive any documentation from the EBCI within 30 days upon their receipt of your application, you must provide the tnbe with a follow-up letter requesting the tribe's comment on your proposal within 15 days from the date of the letter. if you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application review process, you will also be required to address them 3 (For Catawba - Wateree lakes only) Consultation or review is required by the Catawba Indian Nation Tribal Historic Preservation Office for all excavations on the Catawba —Wateree Lakes in South Carolina. The applicant must submit a request for comments to the Catawba Indian Nation Tribal Historic Preservation Office at: Catawba Indian Nation Tribal Historic Preservation Office Dr Wenonah Haire 1536 Tom Stevens Road Rock Hill, SC 29731 (803)328-2427 What to Expect - Duke Energy Page 9 of 11 rev 9/19/14 Excavation Program e.\#daren\@duke permit\c-w excavation application 11.3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM a) You will typically receive a letter from the Catawba Indian Nation Tribal Historic Preservation Office documenting the tribe's concurrence with your application, requiring additional information or recommending modifications. You must address each comment from the tribe in your final application b) if you do not receive any documentation from the Catawba Indian Nation tribal Preservation Office within 30 days upon their receipt of your application, you must provide a follow-up letter requesting comments on your proposal within 15 days from the date of the letter If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application review process, you will also be required to address them 4 if the excavation meets the requirements of the applicable General Pennit (GP 87-14-001) and will remove from 50 to 150 cubic Yards, in addition to the entities listed above in PART IV.B 1 and 2, the S.C. Department of Natural Resources (SCDNR) must be provided with a copy of the completed Excavation Permit Application Fonn, including the infoniiation required under PART 111 A -H for at least 30 days consultation S.0 Dept of Natural Resources c/o Mr. Mark Hall 206 Laurel Valley Road Sunset, SC 29685 (864)878-9071 What to Expect a) You will typically receive a letter from the SCDNR documenting the agency's concurrence with your application, requiring additional mfonnation or recommending modifications. You must address each agency comment in your final application b) if you do not receive any documentation from the SCDNR within 30 days of their receipt of your application, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them 5 In addition to the entities listed above in PART IV.B.I and 2, the following agencies must be provided with a copy of the completed Duke Energy Excavation Permit Application Form, including the information required under PART iII A -H, for all excavations not covered under the applicable General Pen -nits on South Carolina reservoirs: (For Lake Keowee) S.0 Dept of Natural Resources c/o Mr. Mark Hall 206 Laurel Valley Road Sunset, SC 29685 (864) 878-9071 S C Dept of Health &Environmental Control Water Quality Standards & Wetland Section c/o Mr Chuck Hightower 2600 Bull Street Columbia, SC 29201 (803)898-0369 (For Catawba-Wateree lakes) S C Dept of Natural Resources c/o Greg Mixon Rembert C. Dennis Building 2600 Bull Street PO Box 167 Columbia, SC 29602 (803)896-7767 What to Expect. a) You will typically receive a letter from each entity documenting concurrence with your application, requiring additional infonnation or recommending modifications You must address each comment in your final application. b) If you do not receive any documentation from an entity within 30 days of their receipt of your application, you must provide that entity with a follow-up letter requesting comment on your proposal within 15 days from the date of the letter If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them. Duke Energy Page 10 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke penmit\c-w excavation application 11.3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM 6 In addition to the consultation requirements specified for the agencies listed in Part IV. B. I and 2, the following agencies must be provided with a copy of the completed Duke Energy Excavation Permit Application Form, including the information required under PART III A -H, for any excavation that is part of a Commercial Facilities Application, Conveyance Application or will require FERC review on South Carolina reservoirs. U.S. Army Corps of Engineers Regulatory Functions Branch c/o Mr. Colton Bowles 1835 Assembly Street Room 865B-1 Columbia, SC 29201 (803)253-2400 US Fish and Wildlife Service c/o Ms Amanda Hill 176 Croghan Spur Road, Suite 200 Charleston, SC 29407 (843)727-4704 ext 12 S.C. Dept. of Parks, Recreation & Tourism c/o Mr Tony Bebber Edgar A Brown Bldg 1205 Pendleton Street Suite 110 Columbia, SC 29201 (803)734-0189 S C Dept of Health & Environmental Control Water Quality Standards & Wetlands Section c/o Mr Chuck Hightower 2600 Bull Street Columbia, SC 29201 (803)898-0369 S.0 Dept of Natural Resources c/o Greg Mixon Rembert C. Dennis Building PO Box 167 Columbia, SC 29202 (803)896-7767 What to Expect a) You will typically receive a letter from each entity documenting concurrence with your application, requiring additional infonnation or recommending modifications You must address each comment in your final application. b) If you do not receive any documentation from an entity within 30 days of their receipt of your application, you must provide a follow-up letter requesting comments on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them PART V - ADDITIONAL INFORMATION (Reference previous parts as applicable. /f more pages are needed, add a suffix to last page (e.g 12a, 12b, 12c, etc.) Duke Energy Page 11 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx w - - Doc ID: 010361040003 Type: CRP Recorded: 12/28/2006 at 08:11:44 AM Fee Amt: $20.00 Page 1 of 3 Excise Tax: $0.00 Iredell County, NC Brenda D. Bell Register of Deeds OK1812 P(1816-818 ORTH CAROLINA GENERAL WARRANTY ]DEED Excise Tax: /"Ali) /'i,DuPiv v �- Parcel Identifier No. Verified by County on the day of , 20_ By: NO title ex3fflination requesreZI or 3r errormea iBy Preparer of MITI Mail/Boxto: instrument. No Closing performed by reparer of this instrument. This instrument was prepared by: Mark T. Davis, Attorney, PO Box 1087, Taylorsville, NC 28681 Brief description for the Index: THIS DEED made this V day of �L , 20-06by and between GRANTOR I GRANTEE SCIOTO INCORPORATED ROCA COMPANY, an Ohio General Partnership; Daniel J. Stewart, General Partner; Robert W. Stewart, General Partner; Mary Ellen Berry, General Partner; Ruth I. Stewart, General Partner and Frank L. Wall r, x Managin General Partner �vd p'i7�e�,nQ 0A 2 Enter in appropriate block for each party: name, address, and, if appropriate, charac of entity, e.g. corporation or partnership. 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 the City of Township, Iredell County, North Carolina and more particularly described as follows: FOR COMPLETE DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The property hereinabove described was acquired by Grantor by instrument recorded in Book 375page 373 A map showing the above described property is recorded in Plat Book page NC Bar Association Form No. 3 m 1976, Revised C 1977, 2002 + James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliams.com .. 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: + IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year rsd abq a wR t1k!r- ;d, % SCIOTO INCORPORATED •a% 1 bSILj� (Entity Name) % •4 a �,e ' ,: y •• ti , By:'did•. >A4' ' Title: L. WALLER, President O +.,,,'{�����q�.�+fi aG VIM By: v (SEAL) Title. as By: (SEAL) �--^Title• � M1� 19 �� U a State of County of SC 1 OT0 O 01410 I, the undersigned Notary Public of the County and State aforesaid, certify that z F R AN K L.WALLER personallyapbefore me this day and o` • • t :�, �,u : �.1 acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my .\�, `�!• `, f' ' y v hand and Notarial stamp or seal this oZ.d T H day of D EC E IN B E R , 200(0 /ti • �:� •• T rY PMBLIC 8FI.10 IR S 4Z.W§ornmission Expires: 4–S-1009 • }� ,,y a Notary Public State of XMIbIhmotino - County of SC i OTO 0Hr0 1, the undersigned Notary Public of the County and State aforesaid, certify that +Ql';' Frank L. Waller personally came before me this day and ,r O acknowledged that he is the President of Scioto Incorporated a North Carolina or corporationHinated Ujabiiity-t;otttpanyIFgt.►Er t-p=t=t51 rev- ed partaerehip (strike through the inapplicable), and that by authority duly given and as the act of each entity, he signed the forgoing instrument in its name on its behalf as its act and deed. Witness my hand and • �!� ,•, '– •�;.- VEXPIRES Notarial stamp or seal this Z07 k dayof 200 (p ' COhIM LOW OTARY P Commission Expires: 4-8–za09 4$Zppg Notary Public SFA]= ST 1%1r, a State of North Carolina - County of I, the undersigned Notary Public of the County and State aforesaid, certify that Y Witness my hand and Notarial stamp or seal this day of , 20—. wMy Commission Expires: a Notary Public The foregoing Certificate(s) of I is/are certified to be correct. This instrument and this certificate are duly registered at the date and ti a and in the Book and Page shown on the first page hereof. Register o Deeds for County By: Deputy/ ssistant - Register of Deeds NC Bar Association Form No. 3 0 1976, Revised 0 1977, 2002 * James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliams.com EXHIBIT "A" BEING ALL OF LOT NUMBER 20 of Allendale Point owned by Scioto Incorporated and shown on Plat recorded in Plat Book Number 7 on Page 21 in the Office of the Register of Deeds of Iredell County. Reference to said Plat is hereby made for a greater certainty of description. FOR BACK TITLE Iredell County conveyed. d/roca2.exa see Deed recorded in Book 375 at Page 373 of the Registry, this being the same property therein AREA 5UMMARY LOT 20 O 54G ACRE 23.802 50 FT N 5 h a NOTES 0 Anon Morafined by O—ok to O hput.Ma, Math d 2) Prnp.nrr wb)ed In, my Tach that may be &,dowd by a IW dacaeah tm..escn 5 1 Hapset m r be wbArct to my RwbkUma, Enwmmfa OWW Rlyht of Wbyf of .aooro and Now not of r.aP.d N they . 4) A pat/an of -%&bct P,,,Wy a located k a Spedd Flood Hared A,vo (Ar)Zmthee Ery cin �a JAN 1C MAPS Sao Map NuMs371j 462 S) Shb,Yct Rupsrty Zoned R -2a d) No Glodtk Mmumant fond WMk 2000' of S.bbcf R)oorty 7) A. Rwfrkti- Go—and. OB 375-J7a CURVE TABLE NUM I DELTA ARC RADIUS BEARING DISTANCE C7 1092'10 49 75 284 00' N64R6 4J -E 1 4968 D, 1/2• RPE ' I t I � 40 0 40 80 SCALE I'= 40' AaM 0eae OTAW ANa W Williams nSuru vam"nUgAInc. auvcArm Ecorse lo/ License Number C-3898 274 BWynwaat Drive, SYAteevillo, NC 29LIM ;t- 0 (9D1)B76-SM - on.9 rumfa0..t.Ab0ho1Lmuthaet IALLJ➢l020 L mama E W]len. asllly Nor an pal .aa anon ands mr Mva tnb, hen, an aabw arr'..aa uMs my eoonfeW (~ d«amflar racrad n door "Z Pop 814 s otos nhrmw saw AS NOTED r Nor N. ewaNale mt rives .a a. .ron m arva.l w« sew, ton k,,W,afM hurw k adpnkenof.e that N. -W of prshbn b I It4fxtDE, and NaI Nb pal mesh the, ,.yM.nh of as SfmdedA of R — b Lena a *, b NPN O-oN,a xmds,p ro NSEh Qmva a Aannkbtreb4 Oaa. I10e 21 Choptv, eR A flan 100a Than aa,ey kof an cadging pscal m pared. of land and does rel seato a no. eb.et s Change an . WkIg .fleet ' Tl. 24th day of .Aloe. 2016 1'RLR DOL7A1H4T OlO01NILLIf MIND AND SSA7� BY 700MAS R. ^n MR PLS L -4n4 ON 1U" 84, =a FW AWnW ZRAU NOT BE tXbY USM A Gmrn7w DOGT11fQ/7 Thomas E WTflkma, NCPLS 4718 a••ut CAR ,..,. •9 . Olio QT SEAL [.4718 ? i i A Z44L4r LL,s44• 5" Mm LAKE NORMAN Boundary and Physical Survey 224 Allendale Circle ALLENDALE POINT LOT 20 Fallstown Township, Iredell County, NC PIN# 4628-69-7676 — DB 1812-816 — PB 7-21 Property of ROCA COMPANY LEGEND PRpaER7Y LME (PA) ��— RIGHT OF WAY (R/W) RE LINE ADJaNMG PROPERTY LME FROM DEED LIR PLAT _ _ FULL POND --------- FEMA FLOOOLME —.-.-.-.-.--.— FENCE e POWER LIN£ — — BUILDING SETBACK LINE _ _ _ _ _ _ - 50' IEGETA77W BUFFER EX EXISnNC PP POWER POLE LP LHO4T POLE TP TELEPHONE PEDESTAL 40 0 40 80 SCALE I'= 40' AaM 0eae OTAW ANa W Williams nSuru vam"nUgAInc. auvcArm Ecorse lo/ License Number C-3898 274 BWynwaat Drive, SYAteevillo, NC 29LIM ;t- 0 (9D1)B76-SM - on.9 rumfa0..t.Ab0ho1Lmuthaet IALLJ➢l020 L mama E W]len. asllly Nor an pal .aa anon ands mr Mva tnb, hen, an aabw arr'..aa uMs my eoonfeW (~ d«amflar racrad n door "Z Pop 814 s otos nhrmw saw AS NOTED r Nor N. ewaNale mt rives .a a. .ron m arva.l w« sew, ton k,,W,afM hurw k adpnkenof.e that N. -W of prshbn b I It4fxtDE, and NaI Nb pal mesh the, ,.yM.nh of as SfmdedA of R — b Lena a *, b NPN O-oN,a xmds,p ro NSEh Qmva a Aannkbtreb4 Oaa. I10e 21 Choptv, eR A flan 100a Than aa,ey kof an cadging pscal m pared. of land and does rel seato a no. eb.et s Change an . WkIg .fleet ' Tl. 24th day of .Aloe. 2016 1'RLR DOL7A1H4T OlO01NILLIf MIND AND SSA7� BY 700MAS R. ^n MR PLS L -4n4 ON 1U" 84, =a FW AWnW ZRAU NOT BE tXbY USM A Gmrn7w DOGT11fQ/7 Thomas E WTflkma, NCPLS 4718 a••ut CAR ,..,. •9 . Olio QT SEAL [.4718 ? i i A Z44L4r LL,s44• 5" Mm LAKE NORMAN Boundary and Physical Survey 224 Allendale Circle ALLENDALE POINT LOT 20 Fallstown Township, Iredell County, NC PIN# 4628-69-7676 — DB 1812-816 — PB 7-21 Property of ROCA COMPANY i rt ' :E CL CP C * r -r C O C- C L L O L � fD fD C Q D7 O V'1 h u ,. I DUKE ENERGY DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site canhave a big impact on permitting processing time. Please complete this form and return it along with your completed application to: Applicant's Name: Street Address (at 1 DUKE ENERGY C/O LAKE SERVICES - EC 12 Q 526 SOUTH CHURCH STREET CHARLOTTE, NC 28202 OCA - C r)m pay) q NrAy,W0.l I e.r pre--. r I ake):1 _Z ASI I en &I e- C:1 CLI e. -VQW�' iCA V'1 I C 21b) to(o If Lake Name: NorvyjcLn Subdivision Name: AJI Property Section: pn-1 Lot #: Z V City: 1�oa 0gan County: I re_ A e, I I State: I o d e wro ki y) a Zip: ZZ9) 110 to Telephone: 740- -,�i5Z' 1506c ll, Directions (from major road or highway): �rowt 1--7 7 N � -72"e,C� �' 4'Z. ru-rn I e F-} OniD .L M 2, [ N ov-+Vi ► U V of 8 7-r ouAvylo NI . —1-LAx ''i 0.} --'ra-PRLLi lh�l� ov1vo Wa n er 5t- � pe► Rdy-Fi Turn r' I1 Vi i- o v) to e. llar K l0. d . -Tu r n 1 C -i- b ►'1 t SO''1 5cvrn Road L.e f+ o h to Al leoda le. Cycle--... Descriptive Structure(s) on Property i.e. brick garage, white fence, mobile home, etc.) *NntP• PIPAQP 11CP the hot -Ir of this fnrm if rlacirM to AVOW vile a man to thv CUP W W U S DEPARTMENT OF THE INTERIOR US GEOLOGICAL SURVEY rtYUY�Aq��Af :APRIL, 80 ---_ /'�/ ,l' _ fit-• , r RYbNOI •�: US Topo TROUfIMNQUADRANGLE N M CHOANA 7 S "UTE SERIES r- rf: 35. coZ9 239 Law \Vice, n ^ _ TROUTMAH QUADRANGLE W W U S DEPARTMENT OF THE INTERIOR 4 IIORTB GROl1" US GEOLOGICAL SURVEY ►'.r US Top 7 S a.— SG ES ws �i!'"`I n� L _ ,� ����' i_ / ��a r ��, �T•t}� �' �.- _ i�' J,, -i l V I I �Is'v 1" a°, _`7 �� t"N - -, c - -T ',e .; � a "_ ,'.1 - j.��i l�� ��� �.I -��� f /- )'s•:d� �_ �'Y �, �-rtit-�' � r_� I�_'�� (I���� I" 1 �, a � ,$ ,I� ` I -l`- t ,�;r, l {f`J `I f' r' r•'--+I'`l�) / �. '�•"` -1 �, ' �Oj _ ,� ' ���_`O`O Jl �'- $'I. Mt •�!`'n� -�'�' i 1-=<<�a��:�� _ ,�-�I j'Is Z I;I' ,A % I, l.. 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HC M16 141 List of Names of Adjoining Property Owners 224 Allendale Circle Troutman, NC 28166 Excavation Neighbors Deborah Riffle 222 Allendale Circle Troutman, NC 28166 Richard and Anne Clay 226 Allendale Circle Troutman, NC 28116 Disposal Neighbors Harold Edwin and Cherie C. Stutts 8585 E NC 150 Hwy Terrell, NC 28682 f� DUKE ENERGY., EXCAVATION PROJECT USER'S AGREEMENT LETTER (Please fill in the blanks. Please Print) Date TO: Duke Energy c/o Lake Services - EC 12Q P. O. Box 1006 Charlotte, NC 28201-1006 RE: Excavation For (Subdivision and Lot #'s or Other Project Name) -ran W c ll.e r- , P (Lake/County/City) Arman / I re, d c— (Duke File No.) Lake Services Duke Energy 526 South Church Street Charlotte, NC 28202 Mailing Address EC 12Q / PO Box 1006 Charlotte, NC 28201-1006 (Applicant's full name) 5r VJa l ler' hereby agrees to comply with all recommendations, require -lents 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 _boc& EA, D Ca(' 0_&_C35 In addition, Fwe have read and agree to comply with Duke's current Shoreline Management Guidelines (SMG), much of which is repeated hearin, 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 11we obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy Lake Services. 11we understand that if the SMG or other applicable rules change during any extension period, I/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 SMG and that the new application must include any applicable fees and security deposits. www duke -energy com 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, Uwe 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, Uwe 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. Uwe 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 I/we have written authorization from the owner(s) or lease holder(s) to carry out the proposal within the project boundary adjacent to/on their land. Uwe 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. 11we 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. Uwe 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. I/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. 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. Duke Energy Page 2, Rev 9/15/06 EXCAVATION APPLICATION CI%cune Dale 11/15/98 GpaVLAKEMGMT/Package In(ormauonlNC C-W Dredge/En,agm9 15 06 doc I/we agree that excavation activities in North Carolina and South Carolina will not occur during the months of March, April, May and June because of the potential impacts to fish spawning areas. I/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. 1/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. I/we 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. 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/we have designed the hydraulic excavation process (if any will be 11sed) so that return water re-enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. I/we 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. 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 Duke Energy Page 3 Rev 9/15106 EXCAVATION APPLICATION EReane Date 11/15/98 GpaVLAKEMGMT/Package Informauon/NC C -W Dredge/Excagre9 15 06 doe determine what measures, if any, I/we must pursue to protect or salvage the archaeological resources. 1/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. 1/we agree to be fully responsible for the permitted lake use and 1/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. 1/we understand that Lake Services representatives may issue Stop Work Directives for any violations of the SMG and that 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/we agree to immediately comply with any Stop Work 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. 1/we 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 agree to notify Lake Services by phone when the excavation is initiated and to ensure that during the excavation period, the weather-proof "Duke Energy Approved Lake Use Activity"sign (to be provided by Duke Energy) remains posted at the job site and visible from the water's edge. I/we 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 have included a check for the applicable filing fee and security deposit, and copies of all other necessary permits. 1/we recognize that security deposits will not be refunded if any violations of the SMG or this user's agreement occur. 1/we understand that there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. 1/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. Duke Energy Page 4 Rev 9115/06 EXCAVATION APPLICATION ERCLRe Dare H/15/98 Gpal/LAKEMGMT/Package Inlor tion/NCC-WDredge/Excagre91506doc Uwe understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that nzy/our use and enjoyment of FERC project lands and waters shall not hinder the general public's lawful use and enjoyment of the same. Sincerely, I�res�de��- TO & COmPoLn\l Applicant's qame (Pri t) Lot # Applicant's Signature *Co -Applicant's Name (Print) *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 Lot # *Co -Applicant's Signature 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 Energy Page 5 EXCAVATION APPLICATION GpaULAKEMGMT/PaUage Inf0r ation/NC C -W Dredge/Ercagn:9 15 06 doc Re, 9115/06 rlrecure Date 11/15/98