HomeMy WebLinkAbout20160871 Ver 1_Shoreline Stabilization_20160906e a
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
_DWR
In MW
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 2 0 1 6 0 8 7 1
1617 Mail Service Center
Raleigh, NC 27699-1617
I. Applicant Information [15A NCAC 02H .0502(a
1. Owner Information --II
Name: Fm" l R. TSC_hldal n
Mailing Address: 371PZ Dee -y- %gym
Denver- NC, IM37
SEP 0 6 2016
DEQ -WATER RESOURCES
Telephone Number: 74--7 iFf -94q9 Fax Number:
E-mail Address: b0A Shoed',n (C-6 ao1. C_0✓Yl
2. Agent/ Contact Person Information
A signed and dated copy of the Agent Authorization letter (a form can be downloaded here:
http://www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTH
ORIZATION FORM.pdf) must be attached if the Agent has signed this application form.
Name: �Oyunn v— 1P n I MarV� Lan rri 6+er
Company Affiliation: Lcy)uaStey' l ubl'D VY) L nc ) gLi:t-t �DPternE) Inc.
Mailing Address: ( 5 LD PP,r'E b IRC] .
-EnUu -m ay- . NC, 2,R Ito (D
Telephone Number: 704- 528-7400 Fax Number: ICA 5 2 8- MM
E-mail Address: cinnnrt. 1 ctnr'Q St-PrCVY hc-, t) CAMo i I .
Person to receive the Certification Approval:
LA.vIcab fer
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: L-, V1Col ►'1 Nearest Town: lbe►)\(er
Subdivision name or site address (include phase/lot number):
50
Directions to site - please include road names and numbers, landmarks, etc.: Fr ghW0.y
Latitude (in decimal degrees) 35 . 5 1 2j'4 Z,?-) Longitude (decimal degrees) —RD, D, 9759, (O
5. Describe the existing land use or condition of the site at the time of this application
(residential, undeveloped, etc.): re.s18eV)- 10I
6. Property size (acres): • 5(-0%5
7. Lake/ river/ ocean adjacent to property: I,...CLY)e Noy -man
8. Describe proposed work (include discussion as to how hardening of shoreline has been
avoided, or why it is necessary): d C(e. area to 10'�
�l
_ . nI ►. Ili
9. Will work be conducted from I'Ad? ❑ From water?
10. Total amount of disturbance (including all excavation, backfill, rip rap, retaining walls, etc.)
below the normal pool lake level/ Normal Water Level in square feet or acres:
Z 40) Eli ( . O cz; ci a r r ps1
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):
Owner/Agent's Signature
Printed Name
[15A NCAC 02H .0502(f)]
Agent's signature is valid only if an authorization letter from the owner is provided.
FORM: SSGP 10-2013
?/_4?1�_k
Date
Page 2 of 3
4
Ft
Normz
S
t . Cover /
tJc�75 r� (/
A t Full Po
Zf
W -IS WMIVIII WIRY" '111r
Lake
'Normal Water Level)
itx)45uod" W/ 6eaz r Cg0-ec.-
3'f+ w',,Ae jcp5
Please approximately sketch the following information on this plan (provide dimensions for each
item, such as 10 ft x 100 ft)*:
1. All proposed vegetation clearing
2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation
3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation
4. Location of any proposed structures such as buildings, retaining walls, docks, etc.
5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation
6. Location of construction access corridors
FORM: SSGP 10-2013
Page 3 of 3
DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM
FOR DUKE ENERGY USE ONLY
Duke File No.
Application Fee $ Security Deposit $
Check # Date Recv'd
Date of Duke Energy Lake Services, applicant and/or contractor on-site inspections Date
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By * :
Date Completion Required
Date Passed Closeout Inspection*
(Print)
Date of Any Approved Extension
Initials
(Sign)
Initials
Initials
Initials
Date
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 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 application.
PART I. - APPLICANT INFORMATION (Please Print)
Name Em, / *-R, —%S ajiud;n Telephone ( 704) ?18 —p f 44 7p
Lake Address H&Z Deer Run
Denver, NC ZS03 7
Mailing Address
(If different)
Contractor Company 1.Ar Oft bjfPr ` U i 5\/S rrl �� I✓J e
Contractor Contact Person Dc)nna Telephone (%�
Z8-
) 45 740D
LAKE LOT INFORMATION
Lake r/1i' ✓) County L;,n eD Jf1 City ben Ver State IV 0- Tax Map No.
Subdivision W e5l'Dor f Lot/ Section No. 30 Lot Size .55 Acres
Are there any Co -Applicants*? (check one) ❑Yes ❑No (If Yes, inchede 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 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 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 excavation or any other lake use
permitting activity. / I
Date of on-site inspection 11Q Initials (Duke Energy (applicant/contractor)
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DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM
PART II. - DESCRIPTION OF PROJECT
A. BASIC INFO
1. Type of excavation: (check one) ErNew excavation ❑ Maintenance excavation
2. Purpose of excavation: (check one) Otoat Access Channel ❑ Water Intake Channel
❑ Wastewater Discharge Channel ❑ Other (specify):
3. Lake user category: (check one) a'Isrivate ❑Residential Marina ❑Commercial Marina
❑Public ❑Other (specify):
4. Max. Excavation Area Dimensions (ft): Length '3'C)_ Width 3 O Depth /F)
(Note: include additional area dimensions if necessary so response to #5 below equals max. area dimensions in #4)
5. Volume of Excavated Material (TOTAL for the project): 590 0 Cubic yards 1
6. Type of material removed (applicant determines by field sample if practical): EAn d / �J�t l+ 1('_ IQA\
7. Excavation Site area: -0.55 Acre (s) Disposal Site area: _ J Acre (s)
8. Total Disturbed Area (including equipment staging area): . V 56 Acre (s)
9. Does the project meet the requirements of the applicable General Permit? (check one) CR'fes ❑No
10. Do you claim title to the disposal area? (check one) PrYes []No
11. Do you claim title to the equipment staging area? (check one) 2' 'es ❑No
12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes 2Vo
(If Yes, specify):
13. How will the excavated mat nal be entrapped and the erontrolled? e.g. see attach d g osion control plan and
dis osal area design): r %1= Yr E
1 Type(s) of exca tion equipment to b used: Loy)(, 1"CPlI'(,� e)(r&Uakr 1 kr3 0)
15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) ❑Yes JkNo
(If yes, explain)
16. Will return water re-enter the reservoir? (Check one) ❑Yes Of' o ❑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 allo
(If Yes, specify the existing permit number. If No, include a scaled drawing of the proposed facility). Permit #
18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures
complete): START/0 / I �Q FINISH Z l 1�
(Month) (Yea,) (Month) (Year)
Note: Notify Duke Energy Lake Services at 1-800-443-5193 prior to commencing any excavation work within
the project boundary.
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DUKE ENERGY 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)
Field ID
Work Area Dwg. ID
Acreage
**
a. Marshland, swamp, ponds, beneficial
aquatic vegetation or other potential wetlands (circle all
that apply)
. l /�
Jf
b. Buffer Zones (specify width & source of
reguirenzent)
LJ Q
1p� �p�,c�i nq e
11'V lQ u edYl0-1(!L k
b1 6UYVLP}Tu n • �b i a
be- 161ete 4f y
c. Environmental Areas as identified by Duke
Energy
d. Natural Areas as identified by Duke Energy
w
e. Historic properties (specify)
/v /A—
f. Rare or threatened species (specify)
IVA
Buried gas, water, sewer, communications
WA
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DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM
Protection/Avoidance Areas
(check all that apply)
Approx.
Identification Method (*)
Avoid (A) or Mitigate (M)
ID
Work Area DWg. ID
AcreageField
**
or electric lines (circle)
h. Impact Minimization Zones as identified by
Duke Energy
N/A_
i. Other areas requiring specific avoidance,
protection or mitigation (specify)
, /k
* 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
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DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM
C. APPLICANT'S SIGNATURES
Comments:
Applicant Name
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 # c�
Date
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
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DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM
PART III - INFORMATIONAL REQUIREMENTS FOR ALL APPLICANTS (NC & SC)
In addition to the completed application form PARTS I & II, the following items must be provided to Duke Energy Lake Services
for
all applicants in North and South Carolina:
�C A copy of the deed and registered survey plat or other instrument under which the applicant claims title to the affected
1 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 written authorization from the owner(s) to carry out the project on
their land.
An accurate scaled drawing (1"=25' for projects <1000 cubic yards of material removed or I"= 100' for larger projects) of
the area to be excavated, including all the information required under Application Process - ITEM 5 of the Application
Package cover letter (Attachment 1).
S'/ An accurate scaled drawing (1"=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.
0/ A map or Duke Energy Directions by Road form showing directions to the excavation area and disposal area.
�r. 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 pen -nits 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:tgis.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.com, w.mapsonus.coin or www.maptech.com.
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DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM
PART IV — AGENCY REVIEWS/APPROVALS REQUIRED
A. NORTH CAROLINA APPLICANTS ONLY
1. 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 information 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 Tribal 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 Permit (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 permit 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 thein. (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 IV.A. 1-4 when the application is for a Commercial Facility, Conveyance or other
application requiring FERC review.
2. In addition to the three entities in PART IV.A.1 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 infonnation required under PART III 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.C. 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
infonnation or recommend modifications. You must address each comment in your final application to Duke.
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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 Pen -nit Application Form (including the information 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 information 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 information required under PART III A -F:
N.C. Wildlife Resources Commission
U.S. Fish & Wildlife Service
c/o Mr. Chris 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.C. 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 infonnation or recommending 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 them. Note: This second 15 -day letter requirement also applies to the
agency reviews in PART IV.A. 14 when the application is for a Commercial Facility, Conveyance or other
application requiring FERC review.
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DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM
PART IV — AGENCY REVIEWS/APPROVALS REQUIRED
B. SOUTH CAROLINA APPLICANTS ONLY
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 Historic 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, requiring additional information or recommending modifications. You must address each agency's
comment in 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 thein.
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.
(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 infonnation 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 tribe 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.
(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:
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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 Pen -nit (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 Form, including the infonnation
required under PART III A -H for at least 30 days consultation:
S.C. 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 infonnation 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. l and 2, the following agencies must be provided with a copy of the
completed Duke Energy Excavation Pen -nit Application Fonn, 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)
(For Catawba-Wateree lakes)
S.C. Dept. of Natural Resources
S.C. Dept. of Natural Resources
c/o Mr. Mark Hall
c/o Greg Mixon
206 Laurel Valley Road
Rembert C. Dennis Building
Sunset, SC 29685
2600 Bull Street
(864) 878-9071
PO Box 167
Columbia, SC 29602
(803)896-7767
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
What to Expect:
a) You will typically receive a letter from each entity documenting concurrence with your application, requiring
additional information 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 permit\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.l and 2, the following agencies
must be provided with a copy of the completed Duke Energy Excavation Permit Application Fonn, 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. Anny Corps of Engineers
Regulatory Functions Branch
c/o Mr. Colton Bowles
1835 Assembly Street
Room 86513-1
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.C. 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 information 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 thein.
PART V - ADDITIONAL INFORMATION
(Reference previous parts as applicable. 1f morepages 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
B9oK1192PAct019 �-, 000144
A
LINCOLN COUNTY Friday, June 30, I000
STATE
OF1 $740.00
Real Estate
Ak Aft Excise T2ut
5176
Excise Tax $740.00
Tax Lot No.
Verified by.
by
NORTH CAROLINA, LINCOLN COUNTY
The following certificate of Margaret Ross, Notary
Public of Catawba County, NC, is certified to be
correct_ Presented for registration and recorded
June 30, 2000, at 3:13 PM in Book 1182, Page
018.
ELAINE N. HARMON
Regis Deeds for Lincoln Cqunty, NC
BY:_ - /
Register of Deeds
Ti
Parcel Identifier No. 31294
_ County on the day of 19_
Mail after recording to Kennedy & Wulfhorat P.O. Box 242 Denver NC 28037
This instrument was prepared by KENNEDY & WULFHORST, P.A.
Brief Description for the index Lot 30 BI A Westport 111
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made Jun 20, 2000, by and between
GRANTOR
LOUIS L. VOLT AND WIFE, JOAN R. VOIT
GRANTEE
EMIL R. TSCHUDIN AND WIFE, PEGGY F. TSCHUDIN
3762 Deer Run
Denver NC 28037
Enter In appropriate block for each party: name, address, and, it appropriate, character of entity, e.g., corporation or pattnereMp.
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 , Catawba Springs Township, Lincoln County, North Carolina and
more particularly described as follows:
Being all and the full contents of Lot No. Thirty (30) in Block A of Westport Three Subdivision as shown on plat
recorded Plat Book E at Page 104 in the Office of the Register of Deeds for Lincoln County.
This conveyance is made subject to restrictions recorded Book 535 at Page 641 Lincoln County Public Registry.
N.C. Set Assoc. Form No. 3 e 1977
tainted by Agreement with the N.C. Bar A...
/003
BOOKII82PAGE019
The property hereinabove described was acquired by Grantor by instrument recorded in Book 891, Page 443.
A map showing the above described property is recorded in Book E, Page 104.
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 except for the exceptions hereinafter
stated.
Title to the property hereinabove described is subject to the following exceptions:
Valid and enforceable reservations, restrictions, easements, conditions and rights of way in the record chain of title.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be
signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of
Directors, the day and year first above written.
a J, � -
>(SEAL)
(Corporate Name) G !Dais L. Volt
By: lid2
(SEAL)
vJ R. Volt
President g
ATTEST: yf (SEAL)
(SEAL)
Secretary (Corporate Seal)
SFJI$,STIkMP.. NORTH CAROLINA, Lincoln County.
41r��. kk TT, r I, the undersigned, a Notary Public of the County and State aforesaid, certify that Louis L. Volt, Joan R. Volt
Grantor, personally appeared before me this day and IT
the execution of the foregoing instrument.
witness my hand and official stamp or seal, this T day film 2000.
' `= "O 7 e .;y'; .,'A4 pi My commission expires! .
0 g 7r. o a (f (,�% Notary Public
SEAL -STAMP NORTH CAROLINA, Lincoln County.
I, the undersigned, a Notary Public of the County and State aforesaid, certify that personally came before me
this day and acknowledged that he/she is Secretary of , a North Carolina corporation, and that by authority
r duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President,
Z sealed with its corporate seal and attested by him/her as its Secretary. Witness my hand and official stamp or
seal, this _ day of
My commission expires:. Notary Public
e
The foregoing Certificate(sl of
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the
first page hereof.
REGISTER OF DEEDS FOR COUNTY
BY Deputy/Assistant-Register of Deeds.
N.C. Bar Assoc. Form No. 3 i 1977
Primed by Agreement with the N.C. es Asom
$003
B9oK1182PnE018 0ON144
In
LINCOLN COUNTY Friday, Jane 30, 2000
aT"TE°`TM $740.00
a Aft Real Estate
Excise Tax
5176
Excise Tax $740.00
Tax Lot No.
Verified by,
by
NORTH CAROLINA, LINCOLN COUNTY
The following certificate of Margaret Ross, Notary
Public of Catawba County, NC, is certified to be
correct_ Presented for registration and recorded
June 30, 2000, at 3:13 PM in Book 1182, Page
018.
ELAINE N. HARMON
Regis Deeds for Lincoln Cgunty, NC
BY:
Register of Deeds
Parcel Identifier No. 31294
. County on the day of
`/Mail after recording to Kennedy & Wulfhorst P.O. Box 242 Denver NC 28037
This instrument was prepared by KENNEDY & WULFHORST, P.A.
Brief Description for the index Lot 30 BI A Westport III
Book and
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made Jun 20, 2000, by and between
GRANTOR
LOUIS L. VOIT AND WIFE, JOAN R. VOIT
GRANTEE
19_
EMIL R. TSCHUDIN AND WIFE, PEGGY F. TSCHUDIN
3762 Deer Run
Denver NC 28037
Enter in appropriate block for each party: name, address, and, it appropriate, character 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 , Catawba Springs Township, Lincoln County, North Carolina and
more particularly described as follows:
Being all and the full contents of Lot No. Thirty (30) in Block A of Westport Three Subdivision as shown on plat
recorded Plat book E at Page 104 in the Office of the Register of Deeds for Lincoln County.
This conveyance is made subject to restrictions recorded Book 535 at Page 641 Lincoln County Public Registry.
N.C. Be(Assoc. Form No. 3 0 1877
Minted by Aaroement with the N.C. Ser Anon.
#003
8ODK1182?AGE019
The property hereinabove described was acquired by Grantor by instrument recorded in Book 891, Page 443.
A map showing the above described property is recorded in Book E, Page 104.
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 except for the exceptions hereinafter
stated.
Title to the property hereinabove described is subject to the following exceptions:
Valid and enforceable reservations, restrictions, easements, conditions and rights of way in the record chain of title.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this Instrument to be
signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of
Directors, the day and year first above written.
J
(Corporate Name) G
By: Y_Z
Y
V
President
m
ATTEST: w
N
7
Secretary (Corporate Seal)
wolo-c- V, 64 (SEAL)
LZO Lois L. Volt
ISEALI
inddR. Voit
(SEAL)
(SEAL)
J
SEA4,IF M`Pj. NORTH CAROLINA, Lincoln County.
t. • t J I, the undersigned, a Notary Public of the County and State aforesaid, certify that Louis L. volt. Joan R. Volt
�¢•' •r' „" • •'" �tP o Grantor, personally appeared before me this day and apitnowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this doy.V June, 2000.
1911
gMy commission expires: . 7 2 - a (�(% Notary Public
SEAL -STAMP
NORTH CAROLINA, Lincoln County.
t
I, the undersigned, a Notary Public of the County and State aforesaid, certify that personally came before me
z
this day and acknowledged that he/she is Secretary of , a North Carolina corporation, and that by authority
o
duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President,
sealed with its corporate seal and attested by him/her as its Secretary. Witness my hand and official stamp or
seal, this _ day of
S
w
My commission expires:. Notary Public
The foregoing Certificate(s) of
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the
first page hereof.
By
N.C. Bar Assoc. Form No. 3 e 1977
Printed by Agreement with the N.C. Bar Assoc.
0003
REGISTER OF DEEDS FOR COUNTY
Deputy/Assistant-Register of Deeds.
30
NOTES:
0 30 60 90 • PROPERTY
TOPOGRAPHIC SURVEY
MAY BE SUBJECT TO RECORDED OR
UNRECORDED RIGHTS OF WAYS OR EASEMENTS
NOT OBSERVED
FOR
' OWNER TO VERIFY ALL SETBACKS AND ZONING
GRAPHIC SCALE —FEET
EMIL RAYMOND TSCHUDIN
REGULATIONS PRIOR TO ANY PLANNING OR
CONSTRUCTION.
SETBACK LINES SHOWN ON PLAT REPRESENT
& PEGGY F. TSCHUDIN
'
#4 REBAR
COUNTY ZONING SETBACKS. COVENANTS AND
RESTRICTIONS FOR THE LOT SHOULD BE CONSIDERED
bO/
0
SBOXR
PRIOR TO PLANNING OR CONSTRUCTION.
* PROPERTYWITHIN
BEING ALL OF LOT J30, BLOCK A
A SPECIAL FLOOD F°LOODI ASSDETE DETERMINED
BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY,
OF WESTPORT THREE, SUBDIVISION
/
HOWEVER THE STRUCTURE DOES NOT LIE WITHIN
THE PORTION OF THE PROPERTY THAT IS SHOWN
�'1 TO BE IN A SPECIAL FLOOD HAZARD AREA.
FEBRUARY 19. 2008
DB: 1182 PG: 18
�' �''
(�
LOT #G7
rt
SI.ALE: 1" 30'
PB: E PG: 104
S'
�0 \
PB E-104 o
CATAWBA SPRINGS TOWNSHIP
TODD L. JAMES
LINCOLN COUNTY, NORTH CAROLNA
WATER 12"WHITEOAK 1850-251
VALVE, a
DEDMON SURVEYS
/7s
24"WHITEOAK o
s�
RONNIE DEDMON, PLS #1222
w
"�
\�
CHUCK POOVEY, PLS #3762
ROBERT DEDMON, PLS #3899
4S•
PHILLIP HARRIS, PLS 4164
#
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4307 NC HIGHWAY #16 NORTH
� �
9, ' 30"RED OAK o
cnNTl Z
B�
P.O. BOX 494 — DENVER, NC 28037
PHFAX:
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4908
704/483/2170
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CERTIFY THIS Pear M4C5 DRAWN EROw AN
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BEST
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LICENSE NO.
LOT #31 30"OAK
%� �R / #4 REBAR
SURV. Bri PHDRAWN:
PB E-104
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1 LOT #30 oP�R a
RD
JOB/ P209ORM
1 �ry
vLcn�rrr MAP
SHERRI L. BARBEE
�/ o lro B E-iqj
1599-191
18" MAPLE 1`O� -0.565 AC+-
WEggS RD
36'MAPLE
161 9
54
�� R
12"RIVERBIRCH �� 5 �� CONj0U
18"RIVERBIRCH--�1 & X60
Course Bearing
LI N 55'0344
Distance
" PIPE S�WP�E
\��
LAKE NORMAN
W
L2 N 343529 E
15. 45
32.83
NAIL IN NO WATERFRONT IMPROVEMENTS
SEAWALL
BLADES TRL
Curve
Radius
I Length
Delta
Chord Chord Be., I
SHOWN ON THIS SURVEY
=S1
Cl
273.14
67.40
14708-15-
67.23 N 2T44-08- E
BADGER
RUN
SITEN
5
z
�
Garth
3762 Deer Run
30 -fl
OL I IL A.,- 4W
IF -11
Approx 580 CuYds
of material to be removed
80 -ft long
10 -ft deep dredge cut with required 3:1 slope
4x30 finger
11x30 boat slip
3x30 fixed finger with
Lancaster stepdown
19x35 hip roof with
cable boat lift
3x18 Main
Bud Shoedin
3762 Deer Run
Denver, NC 28037
NOT TO SCALE!
12x14 sun deck with seating area below
3 -ft wide stairs
3x60 fixed pier with 2 pipe and 4 cable stainless steel handrail
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DUKE ENERGY DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project
site canhaveabig impact on permitting processing time. Please complete this form and
return it along with your completed application to:
DUKE ENERGY
C/O LAKE SERVICES — EC 12 Q
526 SOUTH CHURCH STREET
CHARLOTTE, NC 28202
Applicant's Name: 'EM, ;c
Street Address (at lake): 5 Ry 2 D e e r R u_ n
Lake Name: / y O Y- ✓YJ Q K7
Subdivision Name: V 2 ST R 0 ✓- 4 -
Property Section:
Lot #: 1!5 d
City: D t o Ve r County: L6 r nLn
State:
SL
Telephone: 704 - 7/,'- 944
zip: Z �0 37
Directions (from major road or highway): �f o ,,,, NC lki viwal 1(p Aj or -+J,
'R -I • on &. Swan e s Chwrc , -P,d R-: o h to NL -1 le T3 u.s n e6 S Le --F -�
Onin Webbs Jkd . -R!+ o•�to /3u► -fin Lane, !� ons Blades
�r 41 1, Le -F-1- oh -& Dees- Ruri ffamee i s on fbe le. rr4.
Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile
home, etc.)
*Note: Please use the back of this form if desired to draw us a map to the site.
uKI NNOWN NORTH 4UADWLE
MUSGSU.S. DEPARTMENT OF THE KtERIOR M wattM uRaIM
us (ECLOWULSURYEr '= USTOpo ,.mwnmm
WIuk.RNlerO WS:x'
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!ifY(M YU.!W Uf.MYWi44 UY 11 4&1tO Y. E Oil,
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swr iIW.4r +ll mwa'+'n ynv�wlwY4feassaMeatrwx• INiN UKENam NXTH,NC
.NS1MUb YtIlNI14 Uk/\Y!41p141#Mh4f A 1 7 1 1 WIYRiYIi �
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List of Names of Adjoining Property Owners
3762 Deer Run
Denver, NC 28037
Excavation Neighbors
Sherri Lynn Barbee
3756 Deer Run
Denver, NC 28037
Todd L James
3764 Deer Run
Denver, NC 28037
Mailing Address:
Todd L. James
10 10th Street #5A
Atlantic Beach, FL 32233
Disposal Neighbors
Harold Edwin and Cherie C. Stutts
8585 E NC 150 Hwy
Terrell, NC 28682
DUKE
ENERGY.
EXCAVATION PROJECT USER'S AGREEMENT LETTER
(Please fill in the blanks. Please Print)
Date 2-1-7-1 (.p
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) IJ
(Lake/County/City)
(Duke File No.)_
/ L;,0 co /
Lake Services
Duke Energy
526 South Chun, h Street
Charlotte, NC 282N
Mailing Address.
E(' 12Q 1 PO Box 1005
Charlotte, NC 28201-1006
(Applicant's full name) EM 1, / /_ - r6chU / 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
a CLA 5lt►P C me—s'C-) .
In addition, I/we 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 1/we obtain approval for a single,
time extension (maximum of one year) in writing from Duke Energy Lake Services. I/we
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.
wwvv dicko-aur rgy con?
Uwe attest to be the owner(s) or lease holder(s) of the land immediately adjoining the
project boundary or Duke -owned peripheral strip where the excavation activity is to take
place, or if not the owner or lease holder, I/we have included proof of title to the property
and written authorization from the owner(s) or lease holder(s) to carry out the proposal
within the project boundary adjacent to their land.
1/we 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,
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 work on their land.
I/we 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 Uwe 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.
Uwe 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 I/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.
Uwe 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.
1/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: 91115/06
Effective Date: I (/15/98
EXCAVATION APPLICATION
GpaVLAKEMGMT/Package Information/NC C -W Dredge/Excagre9.15.06.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 used so that return
water re-enters the lake in the same general vicinity and cove as the excavation, to the
maximum extent practicable.
1/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.
I/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: 9/115/06
EITective Dale: 11/15/98
EXCAVATION APPLICATION
Gpal/LAKEMGMT/Package Info—ation/NC C -W Dredge/Exeagre9.15.06.doc
determine what measures, if any, Uwe 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.
Uwe agree to be fully responsible for the permitted lake use and Uwe 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.
Uwe 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. Uwe
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.
1/we allee 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 (g_ to be provided by Duke Energy) remains posted at the job site
and visible from the water's edge.
Uwe 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. Uwe recognize that security deposits will not be refunded
if any violations of the SMG or this user's agreement occur.
I/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.
Uwe 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: 9;15/06
Effective Date: 11/15/98
EXCAVATION APPLICATION
GpaVLAKEMGMT/Package Infortration/NC C -W Dredge/Excagre9.15.06.doc
I/we understand that this user's agreement does not, in any way, constitute the transfer of
any rights in real property and that my/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,
Applicant's Name (Print)
*Co -Applicant's Name (Print)
*Co -Applicant's Name (Print)
*Co -Applicant's Name (Print)
*Co -Applicant's Name (Print)
'50 a/,r -.ri1
11
Lot # Applicant's Signature
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 Rev: 9/15/06
EXCAVATION APPLICATION Effective Date: 11/15/98
GpaVLAKEMGMT/Package InforuatiorVNC C -W Dredge/Excagre9.15.06.doc