20100124 Ver 1_401 Application_20100210

2_0100124
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven () copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I. Applicant Information
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k'%:7L90W[9 P
FEB 1 G 2010
WVNDM AND STDRMWATER BRANCH
1. Owner/Applicant Information
Name: Robert Fairbrother
Mailing Address: 2464 NW 64th Street
Boca Raton FL 33496
Telephone Number: 561)997-9291 Fax Number: (561)988-91uz
E-mail Address: [e-mail]
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries - and_ deyel9pment plan§ , iu,, wlation to
surrounding properties. You may use the diagram below to make a hand sketch of

your project Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County Jackson Nearest Town: C a s. h i e r s
Subdivision name or site address (include phase/lot number): L I L Switzerland Lot & 39
Directions to site please include mad numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): From crossroads in Cashiers, take
Hwy. 107N. to Norton Road (Landmark - Blue Ridae School). Turn left on
Norton Road and go about 1.3 miles to Guise Lane (LIL Switzerland).
Take Guise Lane to last house (0.5 miles). Note: Where road forks bear
Teft &' continue to last house.
2. Describe the existing land use or condition of the site at the time of this
application: H o me s i t e
3. Property size (acres): 0.82
4. Nearest body of water ( s t r e a m / r i v e r / s o u n d / o c e a n / l a k e ) : Lake G l e n v i l l e
5. Describe the purpose of the proposed work: To stabilize eroding shoreline
and prevent-further Prosinn
6. List the type of equipment to be used to construct the project: Excavator & Barge
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc. below the normal pool lake level in square feet or acres:
Dotal amount of impact area is 450 square feet.
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres:
Total amount of impact area is 450 square fppt _
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): Minimal - some small
scrubs and-just a few trpps (less than 4" in diameter).
2-9-2010
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
N
Lake (Full Pond)
S
E
Full Pond
Robert Fairbrother
362 Guise Lane
Cashiers, NC 28717
Parcel ID #: 7563-64-3414
LIL Switzerland Lot 38b & 39
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Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 180 ft):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or driedging below the Full Pond
elevation.
6) Location of construction access corridors.
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NORTH CAROLINA
MACON COUNTY
L. STEPHEN FOSTER, BEING FIRST OULY SWORN SAYS THAT THIS PLAT IS IN ALL RESPECTS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE AND
BELIEF AND WAS PREPARED FROM A SURVEY MADE BY HIM; THAT THE ERROR OF CLOSURE AS CALCULATED BY LATITUDES AND DEPARTURES IS 1,
THAT THIS MAP IS PREPARED IN ACCORDANCE WITH 6-5-47 -30 AS AMENDED.
THIS THE /6TH. DAY OF MARCH ,198E SUBSCRIBED AND SWORN BEFORE ME THIS THE DAY OF ,/9BB
REGISTERED LAND SURVEYOR L - 1273 NOTARY PUBLIC MY COMMISSION EXPIRES
STATE OF NORTH CAROLINA
COUNTY OF
THE FOREGOING CERTIFICATES OF L STEPHEN FOSTER, REGISTERED LAND SURVEYOR, AND NOTARY PUBLIC, ARE
CERTIFIED TO BE CORRECT. THIS INSTRUMENT WAS PRESENTED FOR REGISTRATION AND RECORDED IN THIS OFFICE IN CABINET SLICE
THIS THE DAY OF , AT O'CLOCK, . M., 1981.
REGISTER OF DEEDS
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TOPOGRAPHIC SURVEY
II OF
PORTIONS OF LOTS 38 B 39
I L I 'L SWITZERLAND SUBDIVISION
HAMBURG TOWNSHIP, JACKSON COUNTY, NORTH CAROLINA
SCALE.- 1 = 20' MARCH 16, 1982
DWG. NO. F33-16 PLAT BY.' L.D.S.
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PREPARED BY
L. STEPHEN FOSTER REGISTERED SURVEYOR
P. 0. BOX 1063
HIGHLANDS, NORTH CAROLINA
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Pd Duke
Duke Energy Lake Semites
PO Box 1006 / EC12Q
Charlotte, NC 28201
December 15, 2009
Robert Fairbrother
2464 NW 64th Street
Boca Raton, FL 33496
r_
RE: Application for FX? Private Facility E]Excavation FXJ Shoreline Stabilization F-] Miscellaneous
Glenville - - 362 Guise Lane Reservoir Uses
Dear Prospective Lake Use Permit Applicant:
Enclosed you will find the current Duke Energy Lake Services Fee Schedule which became effective January 1,
2002, the applicable Shoreline Management Program Permit Application(s), the Duke Energy Nantahala Area
(DENA) Shoreline Management Guidelines (SMG) which became effective July 1, 2003, and the DENA Private
Facilities Users Agreement. The purpose of the program is to comply with Federal Energy Regulatory Commission
(FERC) orders and requirements for authorizing facilities constructed inside the project boundary of Duke's licensed
lakes.
The Application(s) will be reviewed after being completed and returned to Duke Energy Lake Services - EC12Q,
PO Box 1006, Charlotte, NC 28201-1006. PLEASE USE YOUR MAILING ADDRESS ON THE
APPLICATION(S) and type or print information for legibility. No activity is allowed inside the project boundary
until you receive written authorization from our office, and no approval will be given to anyone other than the
property owner. A check made Payable to Duke Energy for the appropriate filing fee (see enclosed fee
schedule) must accompany the following before the review process will be initiated. A completed DPNA
Users Agreement must be signed by the adjacent property owner and included with each application. An
application is not considered complete without the signed Users Agreement.
PIER/DOCK/STABILIZATION:
1. The completed application(s) (for pier structures include both proposed and existing facilities). Include the
Duke Energy permit number if one has been previously assigned to any existing structure on the
property.
2. The form describing directions by road (including section and lot number if applicable), and the area of the
planned construction/activity marked on the grid map (if enclosed).
3. Copy of a registered survey of the property, showing proposal's location from your property into the project
boundary.
4. Copy of county building permit, if one is required by the county. (Applicable to pier structures only except for
Burke County which requires a building/shoreline protection permit for stabilization.)
5. Other information, including mitigation plans or cultural resource consultation documentation, if applicable.
6. Latitude and Longitude coordinates must be supplied in order to process the application. Coordinates can be
obtained from www..orbisinc.com/smp/.
FOR NORTH CAROLINA STABILIZATION:
1. TWO (2) COPIES ofthe NC Division of Water Quality (DWQ) Pre-Construction Notification Application (can
be found on internet site, http://h2o.enr.state.nc.us/ncwetlands/lake.html) and the DWQ application fee must be
provided to the NC Division of Water Quality, Attention: John Dorney, Parkview Building, 2321 Crabtree
Blvd., Raleigh, NC 27604
Thank you for your cooperation in working with us through the Private Facilities Permitting Program. Should you
have any questions or need further assistance, please call the Lake Representative for the Nantahala Area (828-369-
4513), or you may call Toll Free 1-800-443-5193.
Sincerely,
Lake Services
www.duke-energy.com
DUKE ENERGY LAKE SERVICES
EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE ENERGY FILING FEE, PAYABLE TO DUKE ENERGY,
TO ABOVE ADDRESS.
I. Applicant Information
A. Name Robert Fairbrother
B. Mailing Address 2464 NW 64th Street Boca Raton, FL 33496
C. Telephone:_Home : [phone] Mobile: [phone]
IT. Location of Proposed Project
A.
B.
C.
D.
E.
F.
Lake Glenville
Street Address 2 Quise Lane
County Jackson Parcel ID : 7563-64-3414
City, town, communityor landmark Cashiers, NC 28717 (Hamburg Township)
Section 1 Lot# 38b, 39 Subdivision LIL Switzerland
Directions to property by road rom crossroads i n Cashi ers tak Hwy 107 N to No
Blue Ridqe School). urn T?t on Norton Road an ao ahout 13m,Tes tG i i,rP
III. Description of Project
A. Length of wal I 180' + or -
B. Material Dry Stack Stone Class B rip-rap combination
C. Distance from property line/shoreline 20' + or -
IV.
V.
Intended Use of Project Area
A. Private X
B. Commercial
Applicant Signatu Date
L
PLEASE NOTE THE FOLLOWING:
3Witzerland).!
To- last house:
• 2 COPIES OF THE "DUKE ENERGY APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA", PHOTOGRAPHS OF THE SHORELINE TO BE STABILIZED, AND FIVE (5) COPIES OF THE
COMPLETED "NC DIVISION OF WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION"
MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION.• CYNDI KAROLY
PARKVIEW BLDG., 2321 CRAB TREE BLVD.
RALEIGH, NC 27604
919-733-1786
YALAKEMGM71Package InfoanationWC Shoreline Stabilization Application.doc
2-9-2010
G. Latitude and longitude for the project site 35.148218 -83.128545
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.maosonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking
Will...", select "Lat/Long",click map)
DUKE ENERGY DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed permit
application to:
DUKE ENERGY
C/O LAKE SERVICES - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193 and select Option 5
Applicant's Name: Robert Fai rbrother
Street Address (at lake): 362 Guise Lane
Lake Name: G l e n v i l l e
Subdivision Name: L I L Switzerland
Tax Parcel ID (if known): 7563-64-3414
Lot # 38b & 39
City: Cashiers County: Jackson
State: North Carolina
Zip: 28717
Latitude: 35.148218 Longitude: -83.128545
Telephone:Home: [phone] Mobile: [phone]
Directions (from major road or highway):
From crossroads in Cashiers, take Hwy. 107 N. to Norton Road (Landmark -
Blue Ridge School). Turn left on Norton Road and go about 1.3 miles to
Guise Lane (LIL Switzerland). Take Guise Lane to last house (0.5 miles).
Note: Where road forks bear left & continue to last house.
Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc):
Single Family Home.
gpal/LAKEMGMT/Package Infortnation/Directions by Road Fortn.doc 8/26/09
Form 398578 (9-06)
LAKE ?.. DUKE ENERGY LAKE SERVICES DUKE ENERGY PERMIT NO.
COUNTY T PRIVATE FACILITIES PROGRAM
PERMIT APPLICATION FORM
RD6q_ r- tl ?b:T ? 4? 0
a First MI Last Signature (Required) Date

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Check the appropriate box. Stationary Pier Slip Style Dock Platform Style FACILITY SQUARE
(Fig. 1) (Fig. 3 & 4) Dock (Fig. 2 & 5) FOOTAGE
1lndividual Common
13 1 ? 2
1 ? 2
1 ? 2
Stationary Surface Area:
FTZ

Status-
1 Existin 2 Proposed
13 1 0 2
X1 132
1 13 2 Floating Surface' Area:
FTZ
Type of Faci ' • Total Surface Area:
1 Stationar 2 Floating Combination 13 1 1? 2133 X102133 FTZ
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FIG. 1 .
ee a
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,
FIG. FIG. 3 FIG. 4 FIG. 5 FIG. 6 (other)
If application is for a common use facility, additional waterfront property owners using the facility appoint the individual(s). Listed in
W the applicant information section of this form as the agent applying for permit. All parties using the facility for permanent mooring
_ must be waterfront property owners (i.e., eligible for individual facilities) and must sign below: (use additional sheet if needed).
cs
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Name Address Date
8
Name Address Date

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Condition of Pier: ? Good ? Fair ? Poor Permitted: ? Yes ? No ? Denied

Final Inspection Completed: Date, Initial
Comments:

DP Duke
Energy,
Duke Energy Lake Services
PO Box 1006 / EC12Q
Charlotte, NC 28201
DUKE ENERGY NANTAHALA AREA (DENA) PRIVATE FACILITIES
"USER AGREEMENT" LETTER
(You may use this letter and fill in the requested information. Please Print)
Date 2-9-2010
TO: Duke Energy
c/o Lake Services- EC 12Q
P. O. Box 1006
Charlotte, NC 28201-1006
RE: (Lake Name) Glenville
(Street Address) 362 Guise Lane Cashiers, NC 28717
(Subdivision/ Lot #) LIL Switzerland / 38b and 39
(Applicant's full name) Robert Fa i rbrother hereby agrees to comply with all requirements
and conditions set forth by Duke Energy's Lake Services' office, or any federal, state or local agencies
pertaining to our Private Facilities application to construct a shorel i ne stabi 1 i zati on wal 1 and dock
on Lake Gl envi 11 e . In addition, I/we have read and agree to comply with Duke Energy's Shoreline
Management Guidelines (SMG) and understand that written authorization must be obtained from Duke's
Lake Services' office prior to beginning any activity/construction within the Project boundary. The
construction will be completed as described in the approved private facilities program application and within
twelve (12) months from the date of approval by Lake Services. Failure to complete construction within the
build-out period will require the applicant to file a new application within the then-current guidelines. The
filing will include any applicable fees and security deposits.
Uwe attest to be the owner or lease holder of the tract of land immediately adjoining the Project boundary
where the proposed facility is to be constructed.
Uwe understand the physical location on my/our lot in relation to the common property line with Duke Energy,
the FERC Project boundary, and any deeded flood easements or required building setbacks.
Uwe understand that this lake was constructed as a working hydropower reservoir for the primariy purpose of
producing cost-effective electric energy and that this remains as the lake's primary purpose. Uwe understand
that the lake and its associated hydropower station are operated by DENA under the terms of a license issued
by the Federal Energy Regulatory Commission (FERC) and that there will be no change in hydro project
operations as a result of the construction and/or use of any facilities that Uwe may be allowed to place within
the FERC Project boundary or on DENA-owned property.
Uwe understand that lake levels will rise and fall over time in response to weather events and hydro project
operations.
DP NA PRNATE FACILFFIES USERS AGREEMENT
Page 1 of 5
Final Rev. 10/13/03
www.duke-energy.com
Uwe acknowledge that DENA provides no guarantee of any specific quantities (except those identified in the
Low Inflow or Hydro Project Maintenance and Emergency Protocols) or quality of water in the lake.
Uwe acknowledge that DENA does not guarantee that an approved facility will always have sufficient water
depth to be accessible by boat or for other water depth related recreation activities.
Uwe understand that the structures to be installed are my/our property and Uwe therefore agree to be fully
responsible for the permitted reservoir use including maintaining structures in good repair. If the facility is
deemed unsafe by a Lake Services Representative, Uwe agree to repair or remove the facility at my/our own
expense and within the specified timeframe. This responsibility is considered to transfer automatically along
with ownership and leases of the adjoining tract.
Uwe understand that as an owner or lease holder of property directly adjacent to DENA's Project boundary
Uwe enjoy the same rights and privileges for general recreational use and enjoyment of the Project lands and
waters as are afforded the general public. Uwe understand that as an adjoining property owner I/we may, with
proper written approval, be considered for expanded privileges as specified in the DENA SMG.
Uwe understand that certain activities specified in the SMG are prohibited because of the DENA lakes small
size, environmental concerns, boating capacity limitations, safety considerations and other reasons.
Uwe understand that ownership/interest in a Common Use Facility eliminates the option for me/us to also have
a separate facility on any other lot within the affected subdivision that Uwe own or lease.
Uwe understand that Lake Services' approval of the requested reservoir use in no way constitutes assignment
of an interest in real property (i.e. land rights). The approval is granted and maintained solely at Duke's
discretion. Uwe also understand that the permitted use may be revoked at any time by Duke Energy or its
successors for any reason whatsoever. If the approval is revoked, Uwe agree to remove the facility at my/our
own expense within the specified timeframe set by Lake Services.
Uwe specifically waive any claim for consequential damages arising out of or relating to this application,
Duke's approval or denial of it, or Duke's subsequent revocation of approval, and Uwe specifically understand
and acknowledge that, because Duke Energy can revoke the permitted use at any time, I/we are not entitled to
reliance damages.
Uwe understand that there will be no change in hydro project operations as a result of construction and/or
utilization of the permitted proposed structures.
Uwe understand that the proposed structure will be used only for the purposes described in the information
submitted to Lake Services and other appropriate governing bodies for approval.
Uwe understand that this lake is open for use by the general public and that maintaining safe and lawful public
use is one of the primary lake management objectives of DENA.
Uwe understand that the use for which we are applying is a private use and it should not interfere with the
general public's safe and lawful use of the lake.
Uwe understand lake use permit holders have the authority to prevent others from trespassing on the structures
they have built. Uwe also understand that Uwe, however, do not have any authority to impede anyone from
DP NA PRIVATE FACILITIES USERS AGREEMENT Final Rev. 10/13/03
Page 2 of 5
pursuit of the lawful public recreation enjoyment of FERC Project lands and waters. Except as specified
otherwise in the SMG or other DENA documents (e.g. Public Safety Plans), anyone may fish around/under
structures built by others, may walk/wade/fish within the FERC Project boundary or any DENA-owned
peripheral strip, boat in the lake's waters, etc. without having to get anyone's permission to do so. Boaters may
not block ingress/egress to piers/docks.
Uwe understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife,
and other natural resources.
Uwe understand that trees and vegetation growing within the Project boundary play an important role in the
overall environmental condition of the lake. The ecological benefit the vegetation has on the fish and wildlife
habitat supports a sound and healthy lake environment. Uwe also understand that unauthorized removal of
shoreline vegetation (i.e. button bushes, willows, cattails, etc.) and/or disturbance of the shoreline buffer may
result in suspension or denial of lake use permitting requests and require me/us to re-establish the vegetation, if
the disturbance is found to be in violation of the state or county watershed buffer regulations or Duke Energy
Nantahala Area Vegetation Management Requirements.
Uwe agree to notify Lake Services when construction is completed. During the construction period, the
weather-proof "Duke Energy Approved Lake Use Activity" sign (to be provided by Lake Services) must be
posted at the job site, visible from the water's edge.
Uwe agree to notify Lake Services if the property is sold and provide the name and address of the new owner.
The new owner has 180 days following the date of closing on the property purchase to sign this agreement and
its conditions.
Uwe agree to fully disclose all information regarding the approved private facility to any prospective
buyer/leaseholder of the property and any new owner/leaseholder. Uwe agree that Duke Energy Lake Services
will be notified immediately of any sale/transfer of the property and the transfer of the permit to the new
owner/leaseholder.
Uwe agree that Duke Energy may enter into agreements with third parties permitting use of the Project property
that promotes the overall recreational purposes of the Project.
Uwe agree that this agreement confers no right to construct or maintain public and private beaches, marinas or
campgrounds.
Uwe agree that the adjacent Duke Energy Project property shall be used exclusively for non-commercial
recreational purposes.
Uwe agree not to rent, lease or otherwise allow third parties (except for temporary use by guests, family
members, and renters of the residential property) to use any structures permitted to me/us by DENA.
Uwe agree not to allow any use of the adjacent property and will exercise due care and diligence to prevent all
other persons that are affiliated with my/our property (including invitees, family members, guests, etc.) to
violate an applicable federal, state or local law or regulation. Examples include but are not limited to nudity,
illegal discharge of firearms or fireworks, controlled substance abuse, public drunkenness, public urination or
defecation, or other activities determined to be a nuisance by law enforcement officials.
DP NA PRIVATE FACILMES USERS AGREEMENT
Final Rev. 10/13/03
Page 3 of 5
Uwe agree to exercise all care and due diligence to preserve and maintain the character of the DENA's adjacent
property. Uwe agree to comply with the DENA Vegetation Management Requirements. Uwe agree further to
not allow sewage, including discharge from septic tanks (or similar facilities) or boat holding tanks, garbage,
trash, or other waste material to be discharged or dumped into the reservoir, tributaries or adjacent property.
Uwe understand that as an adjoining property owner Uwe can make no change in land form of land within the
FERC Project boundary or land owned by DENA, such as grading, excavation or filling without prior written
approval by Lake Services.
Uwe agree that only floating piers/docks (unless otherwise authorized by DENA in writing) will be placed on
the Project property and that no piers/docks or structures will be built on Project property without prior written
authorization by DENA.
I/we agree for myself/ourselves, members of my/our family, guests and invitees that Uwe assume all risks of
personal injury or property damage incident to my/our occupancy and use of the premises; including but not
limited to any personal injury or property damage which may be sustained as a result of flood waters or in
connection with the rise and fall of water in the reservoir as a result of floods or of the operation of Duke
Energy's hydro electric facilities. Uwe as the adjoining property owner further agree that I/we will indemnify,
protect, defend, and save harmless Duke Energy from any and all loss, cost, claims damages, expenses,
judgments and causes of action for all injuries and damages sustained by the members of my/our family,
guests, and invitees arising or claimed to have arisen in connection with their occupancy or use of the DENA-
permitted facility(s).
Uwe agree to comply with all FERC orders (as modified or interpreted by FERC), with all other applicable
FERC Rules and Regulations imposed by Duke Energy, and with all rules or regulations imposed on Duke
Energy by any governmental agency.
Uwe understand this user's agreement does not have an expiration date and is transferable to the next property
owner provided the new owner signs a new agreement within 180 days following the date of closing on the
property purchase.
I/we have included a check for the applicable filing fees and security deposits and copies of all other necessary
permits.
Uwe acknowledge that DENA has the right to charge reasonable user's fees for private use of its property and
that failure to pay any applicable user's fees in a timely manner can result in the suspension or cancellation of
any previously approved lake use permit.
Uwe agree to maintain any prescribed mitigation activities that are required in order to gain approval for
facility construction, as long as the facility exists.
Uwe agree that camping is only allowed in designated areas.
Uwe recognize that Uwe have the continuing responsibility to ensure that the constructed structures are
maintained in good repair, including, but not limited to maintenance of the dock and boat slips, and proper
erosion control within the permit area and along the shoreline, and agree to take all reasonable steps necessary
to meet this responsibility. Uwe agree to maintain all structures within the Project boundary on DENA-owned
property in a sound condition and in a neat appearance and pay all costs for said maintenance.
DP NA PRIVATE FACILITIES USERS AGREEMENT
Final Rev. 10/13/03
Page 4 of 5
Uwe agree that if any action is taken by Duke Energy to enforce any provision, covenant or agreement
contained in this user agreement or DENA SMG or if Duke Energy is required to retain an attorney to enforce
any provision, covenant or agreement contained in this user agreement or SMG (including, without limitation,
the payment of fees due hereunder or the removal of an encroachment constructed in violation of this user
agreement or SMG), then Duke Energy shall be entitled to recover all of its reasonable costs associated with
such an action, including but not limited to, attorneys' fees and court costs incurred in such action and/or
enforcement; provided, however, that the undersigned shall be entitled to recover all of its reasonable costs
associated with such an action, including but not limited to, attorneys' fees and court costs incurred in such
action and/or enforcement if judged to not be in violation of any provision of the User Agreement or SMG.
Uwe agree that Uwe have read and will abide by the DENA SMG published under separate cover.
Uwe understand that Lake Services representatives may issue Stop Work Directives for any violations of the
SMG or engagement in prohibited acts or activities on DENA property as specifically identified in the SMG.
Uwe understand that persons found to be in violation will be subject to DENA sanctions which can include: 1)
restoration of the impacted area at the person's expense; 2) loss of consideration of any future lake use
permitting activities for up to five years for improper vegetation removal or until vegetation is satisfactorily re-
established (even if there is a change in property ownership); 3) revocation of a previously issued permit and
loss of consideration of any future lake use permitting activities and/or reinstatement of the revoked permit; 4)
increases in fees; 5) modification or removal of non-complying structures; and/or 6) further legal action being
taken by DENA.
Sincerely,
Robert Fairbrother
(Applicant's Name)
362 Guise Lane
Lake Street Address
Cashiers, NC 28717
City/State/Zip Code
[phone]
Lake Phone Number
(Designated Duke Energy Agent)
Applicant's Signature
2464 NW 64th Street
Home Street Address
Boca Raton, FL 33496
City/State/Zip Code
Home: [phone] Mobile: [phone]
Home Phone Number
Date: 2-9-2010
Date:
DP NA PRIVATE FACU ITIES USERS AGREEMENT
Final Rev. 10/13/03
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