HomeMy WebLinkAbout20100697 Ver 1_401 Application_20100810
Ernie and Gary guise
312 Guist Loac
Cashiers, N.C. 28717
$28-743-2358
786-390-5330
561-"1-7163
August 16, 201.4
20100697
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L3 @ T 9 WL,fc? b
AUG 2 5 2010
Re: Agent Authority
WETLASIM AN.? 4TORww EAR BRANCH
This letter gives Bob Martin of Bob's Docks and Horne improvements, P.0'Box 304, Glenville, N.C.
28736, phone # 828-743-0017, or 828.226-2047 authority to act as my agent in all matteM Pertaining to
applications, permits/doo ments and the construction for the shoreline restoration and seawall project on
Lake Glenville at 312 Guise Lame in Cashiers, N.C..287I 7.
Please contact Bob directly in any fn&trs pertaining to this project.
Gary Guise
State of North Carolina
Department of Environment
and Natural Resources `
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
D C ( Q
Kerr T. Stevens, Director C I V 1?
September 25, 2000
Jimmy Chisholm
Carolina Power and Light Company
179 Tillery Dam Road
Mt. Gilead, NC, 27306
And O/ Z 16-IA14AI
Joe Hatt ((YA/4-7VS
4/ -
Duke Power and Lake Management
P.O. Box 1006 - COPY
Charlotte, NC, 28201-1006
Re: General 401 Water Quatity Certification for Lalce and Reservoir Activities
Dear Messrs. Chisholm and Hall:
The purpose of this correspondence is to clarify the provisions and process relative to NC
Division of Water Quality's General 401 Water Quality Certification Number 3280 which correspond to
the U.S. Army Corps of Engineers General Permit 198200030. We understand that you receive
numerous requests from lakefront property owners inquiring about the permit requirements for activities
they propose to conduct on the waterfront. After you have determined the property owner needs to
obtain a permit for dredging or shoreline stabilization from you, we understand they are then instructed
to obtain the necessary 404/401 Permits. These property owners should pursue the following sequence
of events to determine their 404/401 permit needs. We have coordinated this letter with the U.S. Army
Corps of Engineers so that it relates equally to both permitting programs.
1. The U.S. Army Corps of Engineers is the lead agency and accordingly determines 404 requirements
for all projects. Applicants should first contact the appropriate Corps field office representative for
their county. To identify which counties are handled by a particular Corps regulatory field office or
to find the appropriate individual in the regulatory staff, the public can access the Wilmington
District Regulatory Homepage at www.saw.usace.anmy.luil/wetlands/re tour.htm or read from the
list on Appendix A. The Corps staff will determine if a 404 Permit is required, and if so, which
particular one- It is important that the applicant learn specifically which Nationwide or Regional
General Permit applies to their work. For lake and reservoir activities, General Permit 198200030
(also called General Permit 30 or GP 30), is often the appropriate permit. The matching General
Certification for GP 30 is the subject of this correspondence.
2. Application for GP 30 involves submittal of detailed plans, location maps, and other supplemental
information explaining the nature and scope of the work to the Corps. If the work is determined to
comply with all conditions of GP 30, (lie Corps will then issue a "tear sheet" to the applicant, either
on-site or by mail, that qualifies as the Corps' written confirmation that the proposed work complies
with this regional general permit. It is important for applicants to note that GP 30 always requires
written concurrence from (lie Corps.
Non-Oiscliarge arandi 2321 Crabtree Rlvd Parkview Raleigh, North Carolina 27604 :
Telephone 919-733-1786 Bldg FAX q 733-9959
An Cq" orv.anurmy Affi(mat.ve Acr.on Cn-poye4 sox --yde urox rws+ consun" pare.
3. If the Corps tells an applicant that no 404 is required for their project, then no 401 Certification is
required. However, applicants should note that projects located within the Neuse River, Tar-Pamlico
River, or Randleman Reservoir Basins may require approval of Buffer Rules for projects within
these watersheds. In such cases, the applicant should call the appropriate DWQ Regional Office
staff (Appendix B) to discuss the project. The Regional Office staff may elect to perform a site visit
to review the site conditions and discuss the buffer approval or variance process.
4. If the Corps requires a 404 Permit, then a 401 Water Quality Certification is required. In the case of
GP 30, DWQ has a matching General Certification (GC 3280), which is attached. The first thing the
applicant should do is carefully read GC 3280 to determine whether written concurrence is required.
Written DWQ concurrence is required if the activity involves any fill, dredging or excavation of
waters or wetlands. This includes any waterward extension of the shoreline, excavation of boat
basins (even during lake draw-down periods), bank stabilization practices that involve any new fill in
waters (including any amount of new rip-rap placement), boat ramps involving placement of fill in
waters, and new dredging. Activities which do not require written concurrence for GC 3280 include
seawall repairs that do not require any new fill in waters, and the placement of pilings for docks,
piers and boathouses. It is vital that the applicant understands the difference between "No 401
Required" versus "No Written Concurrence for the 401 Required." No 401 is required only if no
404 is required. If a 404 is required, a 401 is always required. If the scope of work falls below the
thresholds for written concurrence on the 401„ the conditions 6f GC 3280 still apply, and the
applicant does not have to submit a formal request for approval from DWQ for their specific project.
However, the applicant is still required to follow all of the conditions of GC 3280, which you can
copy for them or they can download from our web site. A speed limit sign is a useful analogy to
explain this - a driver needs to look for and obey the speed limit sign on a road, but does not have to
obtain a letter from a police officer saying he has permission.to drive down the road.
5. If a project does require written concurrence for GC 3280, then the applicant must provide a written
application to the Division of Water Quality. We have prepared a special link entitled "A Lake
Dweller's Guide to the 401 Water Quality Certification Process" on the 401/Wetlands Unit web site
at http:/1h2o.enr.state.nc.us/newetlands . This site contains information to guide the applicant
through this process, including links to the Pre-Construction Notification (PCN) application form.
Copies of the appropriate web pages are attached herein for you to provide to applicants without
internet access. If the applicant has already filled out a PCN form for the Corps, they can simply
copy this PCN form for DWQ. In brief, the applicant is required to provide seven copies of the PCN
form, an application fee made out to the Division of Water Quality ($200 if total impacts fall below
1 acre of waters/wetlands and 150 linear feet of streams, $475 if above these thresholds), and good
quality vicinity and local maps depicting the impact. The reason we require seven copies is that we
act as a state clearinghouse, and provide copies to five other agencies, which saves the applicant
from this requirement. Provided that the applicant has included all of the required information,
applications such as these are quickly issued by DWQ. The GC 3280 applications that are placed on
hold are usually deficient in maps. Applicants can save themselves time by preparing good maps
with scales and north arrows. The vicinity map must clearly depict their property within the county
or city. The site map must clearly show their property boundaries, and the location, nature and
extent of the impacts. USGS topo maps are typically the most useful type of site map for individual
property owners to use as a base for their site map. Impacts must be quantified on the map and in the
form as an area (i.e. 0.5 acres, not just shoreline length). If an applicant needs help filling out the
application form, they should contact the appropriate DWQ Regional Office Staff, or Cyndi Karoly
at (919) 733-9721 in the DWQ Central Office.
Thank you for your attention. If you have any questions, please telephone John Dorney at 919-733
9646 or Cyndi Karoly at (919) 733-9721. .
Sincerely,
John Donley
bwc?7?
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The 6astcs of the %u i vvatct %Auat«r ??• ?•••???•?-• - • --___
401 Water Quality Certification Program -The Basics
Section 401 of the Clean Water Act delegates authority to the states to issue a 401 Water Quality
Certification for all projects that require a Federal Permit (such as a Section 404 Permit). The "401" is
essentially a verification by the state that a given project will not degrade Waters of the State or
otherwise violate water quality standards. The following is a basic outline of the 401 review process in
North Carolina: -
When do you need to request a 401 Water Quality Certification?
If the U.S. Army Corps of Engineers determines that a 404 Permit is required because your
proposed project involves impacts to wetlands or waters, then a 401 Water Quality Certification is also
required. The Corps also determines which type of permit is applicable to your work, a Nationwide,
Regional, Generalor Individual Permit. For each of the Nationwide, Regional or General Permit, a
matching General Certification must be issued by DWQ in order for the Permit to be valid. An Individual
401 Water Quality Certification is necessary if an Individual 404 Permit is required. Once the Corps has
determined which type of permit you should request, you can read the matching General Certifications
on the DWQ web page. Please read the applicable Certifications very carefully, and note whether or not
written concurrence/notification is required by DWQ. If written concurrence/notification is not required,
and your project meets all of the conditions of the General Certification, you do not need to submit a
formal application or receive a signed 401 Water Quality Certification for your particular project. If the
General Certification states that written concurrence is necessary, please note the following steps
necessary to obtain your 401 Certification.
Fill out a Pre-Construction Notification
In North Carolina, you use a single form to request both a 404 Permit and 401 Certification. This
PCN Form can be downloaded directly. Please note, this form will be revised later in 1999 when the
final versions of the new Nationwide Permits are issued. Just follow the instructions on the form. You
should also include a cover letter explaining your project, and enclose a vicinity map and a site map (to
scale) depicting all the proposed impact areas. You are also encouraged to provide any supporting
documentation available, such as correspondence received from the Corps of Engineers or
photographs. Remember, the more clearly you describe your project, the more quickly we can review
your application. You will need to submit this application to the Corps and provide seven copies of the
entire application to DWQ. If you do not provide seven copies, your application will be returned as
incomplete. DWQ will distribute the copies to five other state agencies, as well as the appropriate DW(
regional office, which saves you time and expense.
WQy
i N
WTER OUpL.ITy pL 41t4G Fax:919-715-5637 May 15 '01 10:05 P. 02/04 `
LAKE AND RESER'VOM ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE, rOR CORPS Olt
ENGINEERS REGIONAL PERMIT NUMBER 193200030 (TVA. OR FERC
REGULATED PUBLIC UTILITIES) AND REGIONAL. PERMIT 198200079 (COE
LAKE AND RESERVOIR MAINTENANCE REPAM AND CONSTRUCTION
ACTIVITIES) AND NEUSEITAR-PAN LICOMANDLEMAN 13UPF'ER RULES.
This General Certification is issued in conformity with the requirements of
.Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the
North Carolina Division of Water Quality Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas
as described in the Wilmington District's Regional (General) Permit Number 198200030
and Regional Permit Number 198200079 and for the Neuse, Tar-Pamlico and Randleman
Buffer Rules (15A KCAC 213 .0233, .02S8 and .0250). This Certification replaces Water
Quality Certification (WQC) Number 2674 issued on January 21, 1992 and Water
Quality Certification Number 3099 issued on February 11, 1997. This WQC is rescinded
when the Corps of Engineers re-authorizes these Regional General Permits or when
deemed appropriate by the Director of the DWQ.
The State of North garolina certifies that the specified category of activity will
not violate applicable pottiohs of Sections 301, 302, 303, 306 and 307 of the Public Laws
92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certif0cation:
Activities which require approval under either of these General Permits but
do not result in fill, dredging or excavation of waters or wetlands (such as
docks, piers or boathouses) do not require written concurrence from the
Division of Water Quality as long as they comply with all other conditions of
this General Certification. However, Condition No. 5 is applicable to all
streams in basins with riparian area protection rules:
2. In accordance with North Carolina General Statute Section 143-215.31A(c),
any request for written concurrence for a 401 Water Quality Certification
must include tliq appropriate fec. If a project also requires a CAMA Permit,
one payment to both agencies shall be submitted and will be the higher of the
two fees. The fee shall be collected and distributed between the two agencies
in accordance with agreements reached between the Division of Water
Quality and the:Division of Coastal Management-,
3. Activities which result in fill, dredging or excavation of waters or wetlands
under this Genr-nd Certifica(iuu icquitc --utter concurrence /turn the Di-iaior%
of Water Quality:
4. Measures shall be taken to prevent live or fresh concrete from caring :,I
contact with waters of the state until the concrete has hardened;
URTEp QjpLITy PIFttIIt6 Fax.919-715-5537 - .,htay,,i? ?a, .au•w , r.?,,s,•.. \ ?/
1Y1
win
Impacts to any stream length in the Neuse and Tar-Pamlico River Basins
requires written concurrence from DWQ in accordance with 15A NCAC
2B.0233 and 15A NCAC 2B .0259. flew development activities located in
the protected 50400t wide riparian areas (whether jurisdictional wetlands or
not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses"
identificd within and constructed in aceoTdance. with I5A NCAC 2B .0233
and I5A NCAC 213.0259. All nevi development shall be located, designed,
constructed, and, maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best
management practices;
;. That appropriate sediment and erosion control practices which equal or exceed
those outlined it1 the most recent version of the "North Carolina Sediment and
Erosion Control Planning and Design -Manual" or the "North Carolina Surface
Nfining Manual" whichever is more appropriate (available from the Division
of Land Resources (DLR) in the DENR Regional or Central Offices) shall be
in full compliance with all specifications governing the proper design,
installation and bperation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water
quality standard;
7. Rip-rap shall be ?nstalled adjacent to bulkheads in freshwater lakes to ensure
protection of aquatic habitat. Construction over wetlands shall be elevated at
least three feet above any wetlands, and floating structures shall not rest
periodically on the bottom:
8. All sediment antce rosion control measures placed in wetlands or waters shall
be. removed and natural grade restored after the Division of Land
Resources has rclea.sed the project;
9. If an environmental document is required, this Certification is not valid until a
Finding of No Signficant Impact (FONST) or Record of Decision (ROD) is
issued by the State Clearinghouse. All water quality-related conditions of the
FONSI or ROD shall become conditions of this Certification:
10. Piers and boat houses shall be constructed to provide for storage and remo? a]
of sc\-.•agc rathe.t than allowing row waste or other sewage to be disposed
dirzctly into surface waters;
11. Additional site- ?pecific conditions may be added to projects proposed with
fill under this Certification in order to ensure eornpliance with all applicable
WULCr klUditty U114 oftluctit sumiards:
WATER '0JR-IT! PLFtNING fax -919-715-5637
May` 15"01.1:4103
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12. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of. the corresponding Regional Permit
198200030 or 198200079, whichever is sooner,
13. When written concurrence is required, the applicant is required to use the
enclosed Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific
fill project shall result in revocation of this Certification for the project and may result in
criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality tuay require
submission of a formal application for individual certification for any project in this
category of activity, if it is determined that the project is likely to have a significant
adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications
prior to a Certification decision if deemed in the public's best interest by the Director of
the North Carolina Division of Water Quality.
Effective date: I June 2000
DIVISION Ol:; WATER QUALITY
By
Kerr T. Stevens
Director
WQC # 3250
D(Oa ?
US Artuy Corps Of Engineers Field.Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Blake Gaston Macon Rutherford
NC 28801-5006
Asheville Cabarrus Graham Madison Stanley
,
Telephone: (828) 2711854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Arty Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neatse Road Ashe Franklin Nash Suny
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 8764MI Davidson Guilford Person Warren
Fax: (919) 876.5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Cuirituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret' Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimatts -Croatan National Forest Only
%rdmington Regulatory Field Office Alison Duplin Onslow
US Army Corps Of Engineers Bladen Harriett Pender
Post OfficeBox 1890 Brunswick Hoke Riclunortd
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-451 I Columbus Moore Sampson
Fax: (910) 251 4025 Cumberland New Hanover Scotland
US Fish and Wildlife Service! National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 276363726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 8561520 Telephone: (828) 665-1195 Telephone: (252) 728-5090
North. Carolina State Agencies
aterQuality Division of Water Quality State Historic Preservation Office
s Unit Wetlands Restoration Program Department Of Cultural Resources
rvice Center
Service 1619 Mail Service Center 4617 Mail Service Center
D
27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617
19) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733 4763
3893 Fax: (919) 733-5321 Fax: (919) 715-2671
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Cuirituek New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dane Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Wester Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Sorry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 5061754 Haywood McDowell Yancey
20100897 D
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 (7) copies of this application and supporting information as well as
non-refundable application fee to the Division of Water Quality of $24M 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
1. Owner/Applicant Information
Name:
Mailing Address:_
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DENR • WATER DUAUTY
WETLANDS AND STORMATER BRANCH
np V r9?tx? Ta ! 175- 7/ C.*k E PA&olt e.6 av c.} ,?e#iw, .cc
Telephone Number: 821c - 7,l3 ° ?31Y Fax Number:
E-mail Address:
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: r: ` cl, 13t`al T-> L'Ue S
Company Affiliation: 40c"
Mailing Address: . d 130°4 -3:0y, G=
Telephone Number:
E-mail Address:
II. Project Information
013- Dui y Fax Number: ffc 8 --7N1 ° 66 Z 6 c
- 6 C., ?? Q?- 0,-C-- (, C. C. -
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 development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
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s.
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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
aA! Nearest Town:
5/?? S
County
Subdivision name or site address (include phase/lot number): i. rMc 50,72,0el-4 W A0 At 36
Directions to site please include mad numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): Ab.» e, 4Ss/qi;e5, ,A6e . 7st-,'C
?wosS Gu?S E 41"r c ?+ 6-ViSE i/tG m ?'?tv cTiar? LET
TbJL r?f S? R,?? s5?b w3?
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2. Describe the existing land use or condition of the site at the time of this
application: 11O-l JV17-r_ /'¢6-
3. Property size (acres):
4. Nearest body of water (stream/river/sound/ocean/lake): 4*,ki: N+,0'14c y:
5. Describe the purpose of the proposed work: 3WorZ45 ZIK: S'7?,B?G/??i ?c??
6. List the type of equipment to be used to construct the project: AyWk- ,1<x?',f?eNt -
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: S Q
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:_ +67P X M C7-
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be i acted (number of trees for instance):
eta C'.?}-v?G-? ? ? S -- Sc?•?. ? ? S
?.J .i / 417
Applicant/Agent's Signature Mate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Latitude and Longitude of a Point
JouchMapxom
{ » •e lr. , 0.•.k op Mnpa Maps i Country -State Places i I Cities I Em"up Aiss i
To W the latitude and longitude of a point Click on the map, Drag the marker, or enter the ..
Address: 312 Guise Lane,Cashiers NC 28717 Go
Map Center: s
Tryout the ; -, . Google Earth gives you a 3D look of the area around the renter of the map,
which is usually your last dick point, and includes latitude, longitude and elevation information.
Latitude and Longitude of a Point
Y' y
Page 1 of 1
Here Lot - Long
Get to market±
'ulster with
min4jet
for your
reNd Mmdj& can
Mn 1rr [',[mnN
Note: Right click on a to remove it.
Clear/Reset All Markers Center Red Marker
Get the Latitude and Longitude of a Point
VVhen you dick on the map, move the marker or enter an
address the latitude and longitude coordinates of the point
are inserted in the boxes below.
Latitude: 35.148161
Longitude: -83.127794
Degrees Minutes Seconds
Latitude: 35 8 35.9262
Longitude: 83 7 135.3994
Show Point from Latitude and Longitude
Use this if you know the latitude and longitude coordinates of
a point and want to see where on the map the point is.
Use: '+' for N Lat or E Long - for S Lat or W Long.
Example: +40.689060 -74.044636
Note: Your entry should not have any embedded spaces.
Decimal Deg. Latitude:
Decimal Deg. Longitude:
Show Point
Example. +34 40 50.12 for 34N 40'50, 12'
Degrees Minutes Seconds
Latitude:
Longitude:
Stow Point
0iTouchMap.com 2007-2010
http://www.itouchmap.com/latlong.html 8/18/2010
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.
1. Applicant Information
A. Name r0-li te C Lt-i .'S e
B. Mailing Address '31,- 6,+ Q -5e 1-4i le- f' (4. e, j N& 7 / -7
C. Telephone: r `! 74,;1 1 _.3 Y k?
IT. Location of Proposed Project
A. Lake &-l e /I Vl IL B. Street Address ,_ 3 / Z 6 Ll I --?., L41/1 c_?C' Gt 5/t t r , / 7/ 1
C. County ? br K5c?kl
D. City, town, community or landmark J
E. Section / Lot # -3u Subdivision r 1L:?1 r tl
F. Directions toJproperty t by road r.-jam tic {, try /rGSS'r u?tit 5 E° . IC "I A/ ?u N't e
J4r?N ?(??Tivr Jil. Gc?sr„r /.. ?Y1 "fb??i4? Lit n? vn 14i
G. Lati de and longitude for the roject site "- /,I 1 1 -L. I 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.tnalasonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking
Will...", select "Lat(Long", click map)
III. Description of Project
A. Length of wall /
B. Material s_?; /3 r >o'ap
C. Distance from property line/shbreline 2C ' }- ---
IV. Intended Use of Project Area
SICJ. I d?dL
(A Lc
779
A. Private X _
B. Commercial _
V. Applicant Signatures G Date__ _
PLEASE NOTE THE FOLLOWING:
• 2 COPIES OF THE "DUKE ENERGY APPL CATION 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 WA TER QUALITY
ATTENTION. CYNDI KAROLY
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
yALAKEMGMnPackage InformationlNC Shoreline Stabilization Application.doc
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CL I ?- -Z-
(ATTACHMENT S)
BIO-ENGINEERING AND SHORELINE STABILIZATION MITIGATION
TECHNIQUES
FOR LAKES MANAGED BY DUKE ENERGY LAKE SERVICES
1. Bio-engineering
A. Definition
Bio-engineering is an effective scientific method, using a combination of natural and living
materials, to stabilize eroded banks along the shoreline. Bio-engineering techniques vary
according to a number of factors, including but not limited to; slope, soil type and wave action.
Omen a combination of techniques may be utilized to effectively control erosion in areas with
varying condition.
B. B nef is
In addition to controlling erosion and the aesthetic value of a more natural shoreline, the use of
native plants create additional habitat for wildlife. A permit and written authorization for any
shoreline stabilization project is required from Duke Energy Lake Services. By utilizing bio-
engineering as the primary stabilization technique, the permit application fee for shoreline
stabilization is waived.
C. Native Plat Smms
SOFT RUSH JUNCUS EFFUSUS
ARROW ALUM PETANDRA VIRGINICA
SHALLOW SEDGE CAREX LURIDA
SILKY DOGWOOD CORNUS AMOMUM
TUSSOCK SEDGE CAREX STRICTA
BUTTONBUSH CEPHALANIHUS OCCIDENTALIS
GRAY DOGWOOD CORNUS RACEMOSA
YELLOW IRIS IRIS PSEUDACORUS
VIRGINIA BLUEFLAG IRIS VIROMCA
PICKEREL WEED PONTEDERIA, CORDATA
BLACK WILLOW SALIX NIGRA
SOFT STEM BULRUSH SCIRPUS VALIDUS
GREEN BULRUSH SCMMS ATROVIRENS
EELGRASS VALUISNERIA AMERICANA
WOOLGRASS SCIRPUS CYPERINUS
Note: Other plant species that are not listed may also be acceptable. Plant species that are not
native to Duke Energy lakes should not be considered and will not likely be approved.
QP&J AK MGMTJ%*w InPo nW" 1ac AVOW It, 2006
Fe- I Z -3
(ATTACHMNT 8)
B. Review Timeframe
Applies for proposed shoreline stabilization activities identified in the Shoreline Stabilization
Technique Selection Criteria. (Attachment 1) that require wildlife agency review and/or mitigation
must send their applications to the district game and fisheries biologist of the applicable NC/SC
agency for a minimum 30-day review and comment period. In the absence of any finding of
significant adverse impacts on fish and wildlife resources during this 30-day review period, the
applicant will be allowed to proceed without further notice to send their completed application to
Duke Energy Lake Services for approval. If there are findings of significant impact and those
impala are not adequately mitigated, then the applicant will not be allowed to proceed with the
proposed stabilization activity. Applicants should make every effort to comply directly with
resource agency recommendations.
C. Agengy Review
Lske (NC) James, Rhodhiss, (SC) Wylie (SC) (SC) Fishing Credo, Croat
Lookout Shoals, Norman, Falls/Rocky Crk., Watenee,
Mtn. Island, Wylie (NC) Koowee, Jocassee, Gaston
Shoal 99-Wands
Agency Contact Mr. Chris Goudresu Mr. Dick Christie Mr. Roh Able
NC Wildlife Resources SC Department of Natural SC Department of Natural
Commission Resources Resources
Rt 6, Box 685 PO Box 4496 PO Box 167
Minion, NC 28752-9229 Rock SC 29732 Columbia, SC 29202
*Applicants should fill out the Duke Energy Shoreline Stabilization Application form completely,
attach any applicable mitigation proposals and send along with a cover letter to the agency
contact.
**Agency correspondence must also be attached before sending the final application to Duke
Energy for approval.
QpOJAKEWGMrX"W d« AVVd 18, 4006
FciZ-may
(ATTACffiMNT 8)
D. iodmim
Bio-engineering techniques normally include minor grading to allow for the installation of a rip
rap toe, rock gabion, Bio-loo, crib wall or similar structure in high energy areas. The structures
arc then enhanced by the addition of natural/living material. For example.
1.hve stakes - branches cut from living material and planted with stems and !rids pointed
upward. Initially they offer little to no soil reinforcement but do so after the first growing
season once a root system becomes established. Often used with other techniques and
conducted during the dormant season.
2. livy fasciae - branched bundled and secured together and placed in a very shallow trench
along the toe of the eroded bank or in the bank face. They are usually installed in conjunction
with geotextile fabrics above a rip rap or gabion toe.
3. brush mattress - includes both live stakes and live fascines. Provides protection of the
shoreline upon installation and can be used in layers beginning just above a rip rap or gabion
toe.
4. glM " - plantings with intact root stock. Placed directly into the bank face with the soil
compacted around the root stock.
E. Follow up activities
Riparian Zone Management Information: Duke Energy will design and publish an informational
piece that will provide property owners with a range of u*rmation about bio-engineering
techniques, material sources, information sources and the value of riparian zone. 'Ibis will be the
final project in the Riparian Zone Management Initiative and will serve as a compilation of the
on-going efforts through the year 2000.
Ii. Mitigation
A. General Guidangg
Mitigation proposals should provide realistic but substantial allowances for reducing and
relieving the impact of the proposed shoreline stabilization technique proposed In general,
mitigation activities should enhance the wildlife habitat in the immediate area of the stabilization
activity and may consist of but are not limited to; enhancing fish cover under an approved pier or
similar structure, maintaining a natural vegetative buffer along the entire shoreline of the lot,
placing or maintaining secured cover and perching habitat (e.g. root wads, stumps, fallen trees,
etc.) along portions of the shoreline.
Fe / Z -- -95--
Duke Power
Catawba-Wateree Pirojed No. 2232
Keowee-Toxaway Pro%ed No. 2503
Attachment L
Shoreline Stabilization Technique Selection Process
Environmanw
aoUomlwW Hardwood
Shoreline
Stabilization Project area
Application classification
Is the bank
height less than
-,, 2 feet? i
Is the bank
height less than
3 feet?
Applicant can use
hardening structures.
ngineering
randenchanced t can only
Seawalls not allowed. rip rap.
walls or
rip rap.
Stabilization not
allowed
Reviewlapproval end potential Moegon.
No stabilization alkwad in
'Mrs from March -,pee to
limit impacts to fish spawning.
Requires state wNdWe agency
(e.g.. NCWRC. SCDNR)
Is the bank
height less than
3 feet?
Mitigation requirements
determined by state
wildlife agency.
Applicant can use
hardening structures.
Mitigation requirements
determined by state
wildlife agency. ,
?_t12- ` P
Duke Power
Catawba-Wateree Project No. 2232
Keowee-Toxaway Pmjed No. 2503
Attachment L
Shoreline Stabilization Technique Selection Process
General conditions:
-All seawalls must have Class B or larger rip[-rap extending 6 feet lakeward from the base.
-Considering current lake level operating targets and variability and the desire to prevent unnecessary impacts, rip
rap must be confined to the area between 6' below full pond elevation and no more than one foot above full pond
elevation to the maximum practicable extent. Potential exceptions Include areas where entire placement is above
the FERC project boundary, where banks are already eroded above the full pond elevation or where severely
eroded banks must be sloped back or terraced to provide minimum bank stability.
-Seawalls are not allowed in areas with an average eroded bank height or less than 3 feet.
-Proposals for stabilization where bank height is less than 2 feet can utilize approved bio-engineerng techniques
and enhanced rip-rap techniques only.
-The bank height is the average height of the eroded shoreline (measured from the original lake bed to the top of the
eroded bank) in the area to be stabilized.
-Bio-engineering techniques within an IMZ require applicant to provide photo evidence of successful vegetation
establishment at 1 year point Bio-engineering is a stabilization approach that utilizes natural and living material.
Bio-engineering techniques may Include use of rip-rap with live stakes, rock tilled gabions, live staked crib walls,
biologs, and numerous other activities.
-Applicant can use bioengineering, rip-rap, seawalls or any combination of stabilization techniques where use of
hardening structures are allowed.
-Stabilization in an IMZ requires review/approval by the applicable state wildlife agency and reasonable mitigation
requirements as determined through consultation with the state wildlife agencies.
-Stabilization is not allowed from March 1 through June 30 in areas identified as IMZs in the SMP.
-New or expanded stabilization activities (excluding Bio-engineering) may not be undertaken within the 50'
Environmental offset associated with an Environmental classification In the SMP.
-Cut/fill
-Stabilization in areas classified as Natural due to the presence of significant cultural resources, should not have
artifacts impacted by utilizing any shoreline stabilization techniques.
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Duke
{A` Energy,
Carolinas
August 12, 2010
Ernest H Guise
312 Guise Lane
Cashiers, NC 28717
Duke Energy Carolinas, LLC
Duke Energy Lake Services
PO Box 1006 / EC12Q
Charlotte, NC 28201
RE: Application for [-]Private Facility ? Excavation FX_?Shoreline Stabilization F-j Miscellaneous
Glenville - - 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.orbisine.com/smnl.
FOR NORTH CAROLINA STABILIZATION:
1. TWO (2) COPIES of the 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: Cyndi Karoly, 401 Permitting Unit, 1650
Mail Service Center, Raleigh, NC 27699-1650.
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
;- ?!//(e Duke Energy Carolinas, LLC
C Duke Energy Lake Services
Gnerg?/ ,I e PO Box 1006 / EC12Q
Carolinas 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 0V-//-1L)
TO: Duke Energy
c/o Lake Services- EC 12Q
P. O. Box 1006
Charlotte, NC 28201-1006
RE: (Lake Name)
(Street Address) 912 60/-S,_:?
(Subdivision/ Lot #) delM tr-
(Applicant's full name) /4?'i'i?? lx=r?154 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 S'k'0 1A-W. =+;+ss? 'iclt3r?o•? . ; ls? .
on Lake 6!aA4 i'/tl,&. 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.
I/we 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.
I/we 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 I/we may be allowed to place within
the FERC Project boundary or on DENA-owned property.
I/we understand that lake levels will rise and fall over time in response to weather events and hydro project
operations.
DP NA PRIVATE FACILITIES USERS AGREEMENT
Final Rev. 10/13/03
Page 1 of 5
www.duke-energy.com
I/we 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.
I/we 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 Uwe may, with
proper written approval, be considered for expanded privileges as specified in the DENA SMG.
I/we 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. I/we 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.
I/we 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.
I/we understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife,
and other natural resources.
I/we understand that 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. I/we 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.
I/we 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.
I/we 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.
I/we 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.
I/we 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 FACILITIES USERS AGREEMENT
Final Rev. 10/13103
Page 3 of 5
V 3?_7e- ?
Uwe agree to exercise all care and due diligence to preserve and maintain the character of the DENA's adjacent
property. I/we 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.
I/we understand that as an adjoining property owner I/we 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.
I/we 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 I/we 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. I/we 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).
I/we 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.
I/we 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.
i/we 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.
I/we agree to maintain any prescribed mitigation activities that are required in order to gain approval for
facility construction, as long as the facility exists.
I/we agree that camping is only allowed in designated areas.
I/we recognize that I/we 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. I/we 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 FACILMES USERS AGREEMENT Final Rev. 10/13/03
Page 4 of 5
I/we 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 I/we 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.
I/we 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,
(Applicant's Name)
Applicant's Signature
312 aIsc 6y,
Lake Street Address
CAS-dze--0_5 o C" 7`
City/State/Z' Code
Lake Phone Number
(Designated Duke Energy Agent)
DP NA PRIVATE FACILITIES USERS AGREEMENT
1a.- ai se-e/l
Home Street Address
(fAS I
City/State/Zip Code
Home Phone Number
Date:
Date:
Final Rev. 10/13/03
Page 5 of 5
DUKE ENERGY DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the
to ect
impact on permit processing time. Please complete this form and return it morn with site can have a big
application to: 8 your completed permit
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: eti l le 62U t` S ?. Gu m
Street Address (at lake): -?I L.. -C,-U # S ? - I A kj
Lake Name:
Subdivision Name: lrl7, &
Tax Parcel 1D (if known): A /
Lot# 9?
City. CAW/, County: .Tl)-C,d` s t:; ?v
State: lov
gip: /7
Latitude: 35r, / YA161
Longitude: /_ 1 7.7
Telephone:' fs' - 7Y.
Directions (from major road or highway):
Af *7-c> IV t1Q rb A.;'
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%c 1G.?7" '%?. °3 1. J` ? ? .• 6 ??S ? L ?? G.u
L. C-Ji5'?, ?.??tr C/Zoss,lrs /r•t j=?c,?? cr
Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc): ,