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HomeMy WebLinkAbout20120862 Ver 1_Shoreline Stabilization_20120918t 1 f 8 -28 -12 Reference Agent Authority 2 1 2086 2 SPA12D � � d This letter is to give Hubert Bryson of Bryson Trucking, 6352 Hwy 107 N Glenville, NC 28736, 828- 743 -3304 Office 828- 342 -6546 Cell Authority as my agent for all applications, permits and executing necessary documents for the shoreline restoration and seawall protect on Lake Glenville located at 1906 Woods Mountain Trail, Cullowhee, NC 28723 Please feel free to contact Hubert directly regarding any of these matters Sincerely, Charles Johnson 1906 Woods Mountain Trail Cullowhee, NC 28723 706 - 210 -5385 Home 828- 269 -2420 Cell S E P 1 8 2012 DUKE ENERGY DIRECTIONS BY ROAD FORM 2 0 1 :�` ' g 6 2 Lake Use Permit Applicants and Contractors Ease of locating the proposed project site can have a big impact on permit processing tune 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 Street Address (at lake) tonkp `3 gs �- Lake Name Q-,\" t \` e Subdivision Name Tax Parcel ID (if known) 7 5 55' ? 1 % Ma Lot # M_ City S V.��oW�Q9� County �Y�cL p State Zip 1 U _ n` Latitude 35 i°laA Longitude Telephone IqS -336A Directions (from mayor road ` orhighw highway) ,p `_IFrI� `D1 N 4 p,,, �\ +-.Q s ko—,, - r� \ i CJ( �� f� l Zr� \sZ�t o-r'ry Descriptive Structure(s) on Property (i a brick garage, white fence, mobile home, etc) GYbu.t 1tha,QAA- &'\Ob (��� c�c�r0_Ca9 gpat/LAKEMGMT /Package Information/Directions by Road Form doc 8/26/09 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 five (5) copies of this application and supporting information as well as a non - refundable application fee to the Division of Watet Quality of $240 00 for impacts to lake bottom of less than 1 acre and $570,00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to. Division of Water Quality 401 Oversight/Express Review Pet mitting 1650 Mail Service Center Raleigh, SIC 27699 -1650 Applicant Information Owner/Applicant Information Name l �Ifl(L1� r\50l(\ Mailing Address \o�0\o \ fi -, c_\r1 V_J �_J (_ A�11_) Telephone Number $�� ���� � a - Fax Numbet E -mail Address VA U 1 I 2 Agent Information (4 signed and dated copy of the Agent Authouzation letter must be attached if the Agent has signatoi) authority tot the owner/applicant) Name — `Jx r \ s� - � Company Affiliation x\1Szo -* �—khe` 1 - — Mailing Udiess :a YV C Telephone Numbe► -&A Fax Number E -mail Address 11. Project Information Attach a vicimtj map clearly showrrb the IOLation of the piupert) With respect to local larndmaiks SU,h as towns rivers and roads kl�o provide a d,_tailed site plan shu«rng property boundaries and development plans ru relation to sulioundrn,, propeltres 1'ou m«< u,c the digiam bekr% to wake a hand sketch of vour pioje..t Ako, see the example bclu%k for guid in,-e Both the N i,init% neap and »le plan must wclude a scale and rwr th all o%\ t he luotor ruts of all building, rnnper \. rou'. sir faces, of other facilities inu,t he included I Location County Jo.0 `�`���� Neatest Town Subdivision name or site addies,, (include phase/lot number) JCQ6 L_OV Directions to site please include toad numbets, landmarks, etc (This i% not nece,,s'a)iy it an adequate vicinity map is included) � ruth 1 _J Ci N\ e 5 �t A-.) Sty -loin kv-4L Li e@ i, 2 \� ��k 0'C`� NCB �`\ Nor�yr> r -E[il� �S� `r'�� tJfli� Wt�u�S Min '� ►0.l 2 Describe the existing land use or condition of the site at the tune of this application }►S i 3 Property size (acres) C e 4'?) 4 Nearest body of water (stream/itvet /sound /ocean /lake) �� �'7-n i 5 Descrtbe the purpose of the proposed work A-tl 4A;X `au �XO�t�► 51 w'��tY`k � � r ham- ►� (,�5�% ,1 6 List the type of equipment to be used to construct the project 'Y'CG\VO.tr f barer - 7 Amount of impact (including all excavation, backfill, rip rap, retaining galls, etc ) below the normal pool lake level in square feet or acres �r �I a q 3 S a Amount of impact (including all clearing, back fill, excavation, rip rap retaining wall,,, etc ) above the normal pool lake level and 50 feet land -ward in square feet or acres r 8 b Please describe vegetation above the normal pool lake level and 50 teet landwaid to be impacted (number of tiees for instance) �vh� t SitiIICLlt rU`4 ApplicantlAgeut � Si nature ate (Agents signatule 1� valid onl} It an aUlhotrLailOn letter ftoin the apphc ant is pro�r�ied ) y' Y• :r Full Po Shoreli Weiv 15 Lake (Full Pond) ( 7 V4 i x 103 DAP S- -fv-`- �P0ot Belau' �ulj i 00 OCA-1 2.55 Vol anon on this plan follow ►n9 ►nf has 10 ft. x 100 ftl. roximatf skew foh each item. s s►onsi please apr O jide dimes rov►de dimes elevation (please P, clearing 4P Ye the Full Pond elevation 1) AN proposed ve9 be aced abo Full Pond Location of np ced below the s retaining rap or fib to 1 Lo or fill to be` building 3) LotSAron of tip Proposed structures such as Full Pond 4) The location o below the walls, docks= etc. dredging � The location of any excavation construct access comd °rs- e1vation• gl Location of cons M�m .r— .�:T- ?'.`•,?v.:;�.- -.-.�. --•ram ,,:� -.... :�s;"•.� - _ - ='�= ;•:its__ ,; ;�:::i w:: >' A Ji I! 1 L -7288 1 , 1 1 I' 1 1� �I 1� 7 SSS -61 -9229 - , r 4 7555 -71 -1359 7555 -71 -4364 75SS-71 -0331 - { a` N 1410117 / 7555 -7] 4270 7SSS -71 -2126 i 7555 -7] -3127 \ ILL ti IS I - 7555 -71 -0162 \ i�11 7564 -13 -4532 1 -60 -7836 7555 -60 -9962 ; x , I 1 10- -2a ft r 1 , •y C M i Charles This map is prepared for inventory of real property within Jackson County It is compiled from recorded deeds, plats, and public data record map /_n• i Pik Duke ® Energy® Date Duke Energy Lake Services PO Box 1006 / ECI2Q 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) TO Duke Energy c/o Lake Services- EC 12Q P O Box 1006 Charlotte, NC 28201 -1006 RE (Lake Name) " G (Street Address) �gDSQ (Subdivision / Lot #) W OOHS M!z �A��VN �� +- \G ``�+_".,.� (Applicant's full name) T�v.�! >� �Jr �SCJn 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 on Lake r\ In addition, Uwe 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 Protect 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 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 primary 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 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 Page 1 of 5 Final Rev 10/13/03 www duke - energy corn 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 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 I/we 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, I /we 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 Protect 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 a 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 I/we 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, Uwe are not entitled to reliance damages I/we understand that there will be no change in hydro project operations as a result of construction and/or utilization of the permitted proposed structures I/we 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 I/we 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 Itwe understand lake use permit holders have the authority to prevent others from trespassing on the structures they have built Uwe also understand that I/we, 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 W 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 to 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 a 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 FACILITIES USERS AGREEidENT 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 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 Protect 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 Uwe 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 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 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 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 FACILFHES 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 of 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, �locark 'k� rV S (z" - - — (Appllcant's Name) RAO W0663 MMoy�Nkkn k ray\ Lake Street Address City /State /Zip Code fag -7 q 3 - 330 Lake Phone Number (Designated Duke Energy Agent) DP NA PRIVATE FACILITIES USERS AGREEMENT Page 5 of 5 '�"_At &V - Applica 's Signature 1D35 a 4y 1lor7 N Home Street Address r \cr�vAkf Nan City /State /Zip Code ,?,J-i 14'Y;30` Home Phone Number Date a.' �)"% I t Date Final Rev 10/13/03 M ai s:•rl y l ' 1` a r � f l ' L 41 , K�S ff } !" >. f, lip Ai� V�N im, 2t� AW. ?,.I y ?a V .4 r. 46 A, VIL .� f.� -r de Glenke -DI&e Energy FORII� W Lake Glenville Today's Lake Level -- - - Will + R..%, lake Message None Artunl (about la_�et (ohoul Mn (about 11ar (about IA)N Influx" lakele 1 atin'aactual) lal.ele. els �.n1s L^,raetl lokele eln �w'tmin) lokele%915 usolamar) (ab_uut lakelrely asn °•hDl 8/27 /2012 927 933 905 946 NA Mure i fl rmOUM (about lal.ele.els usVIon lake levels data ©Duke EneW Oorporalkw NI Rights Resen ed 1 of 1 r1VTRUSTe 8/27/2012 2 211 DUKE ENERGY LAKE SERVICES EC12 -Q P O BOX 1006 CHARLOTTE, NC 28201 -1006 704 - 382 -1567 or TOLL FREE 1- 800 - 443 -5193 2 0 1 2 0 8 6 2 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 NIA ui blank PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE ENERGY FILING FEE, PAYABLE TO DUKE ENERGY, TO ABOVE ADDRESS Applicant Information A Name V\VW B Mailing Address (r �W 1�(� 1 N U 1 I 13 C Telephone 9 5'i -7 4 3 3 3 0 `i- II Location of Proposed Project A Lake C; \t_.nu l �� B Street Address C County ^ C� D City, town, community or anc E Section ! 5 01 `% Lot # _ F Directions to property, by road it- 7555 - '7 1 -at Subdivision �� I N frlle Le-4_. G Latitude and longitude for the project site ys. i 'I J.'t �+ - 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 mapsonus 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 0 0 c B Material ,Y r D C Distance from property line /shoreline IV Intended Use of Project Area A Pnvate B Commercial V Applicant Signature Date PLEASE NOTE THE FOLLOiYING 2 COPIES OF THE "DUKE ENERGY APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE 1N NORTH CAROLINA ", PHOTOGRAPHS OF THE SHORELINE TO BE S1 ABILILED, AND FIVE (5) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE - CONSTRUCTION NOTIFICATION APPI ICATION" MUST BE SUBMITTED WITH THL DIVISION OF WATER QUALITY APPLICATION FEE TO AvC DIVISION Oi' WATER QUALITY ATTE'YTION CYNDI KAROLY D WS PARKVIEK BLDG, 2321 CRAB7REEBLVD V V RALEIGH, NC 27604 L% 919- 733 -1786 EP 1 8 20; � �NR . cede $ �W Qtlit�l�, Y 1LA}CC161Gti17'%Pac.age Into -nauo nNC Shore in- Stlbihcat c i A ?pi cation dec 8 -28 -12 Reference Agent Authority This letter is to give Hubert Bryson of Bryson Trucking, 6352 Hwy 107 N Glenville, NC 28736, 828 - 743 -3304 Office 828- 342 -6546 Cell Authority as my agent for all applications, permits and executing necessary documents for the shoreline restoration and seawall protect on Lake Glenville located at 1906 Woods Mountain Trail, Cullowhee, NC 28723 Please feel free to contact Hubert directly regarding any of these matters Sincerely, 0) a4 j, , "C' il W--- Charles Johnson 1906 Woods Mountain Trail Cullowhee, NC 28723 706 - 210 -5385 Home 828- 269 -2420 Cell (ATTACHMENT 8) BIO- ENGINEERING AND SHORELINE T BELIZATION MITIGATION TECHNIQUES FOR LAKES MANAGED BY DUKE ENERGY LAKE SERVICES I. Bio- engineenng A Definition Bio- engineering is an effective scientific method, using a combination of natural and living materials, to stabilize eroded banks along the shoreline Boo- engineering techniques vary according to aeon of echhniques including but not may be utilized tlimited fectively control of erosion in areas with Often a comb varying condition B PenefilA 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 NahvP Plant SDCcles COMMON NAME PECIE W VVLV1�U.a species th,-r Note native to Other uke Energy lakes e should not be considered and will Plant not likely approved A.Fut `8 'Ie r C,pl LAt t.,, t`k a Aocc J)"rFr 3on\9 c '4P "w F IrJC� Um do (ATTACHMENT 8) D Techniques Bio- engineering techniques normally include mmor grading to allow for the installation of a np rap toe, rock gabion, Bio -log ®, cnb wall or similar structure to high energy areas The structures are then enhanced by the addition of natural/living material For example I lives ces - branches cut from living material and planted with stems and buds 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 live fasetne - 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 np 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 dust above a np rap or gabion toe 4 1 u s - plantings with intact rootstock Placed directly into the bank face with the soil compacted around the root stock E Ulow un acii tv 1 Ripanan Zone Management Information Duke Energy will design and publish an informational piece that will provide property owners with a range of information about bio- engineering techniques, material sources, information sources and he value of riparian a zone This will be compilation of the the final project in the Riparian Zone Management on -going efforts through the year 2000 II. Mitigation A General Guidance 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 siiiular stricture, 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 a�.5use IR 206 Q.J.A U1,3mma.t33 [n crmxum183o-h- igmccrv�ln:rmeu�n .l�r (ATTACHMENT 8) B Review Timeframe Applicants 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 impacts 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 Apency Review bake (NC) James, Rhodhiss, (SC) Wylie (SC) (SC) Fishing Creek, Great Lookout Shoals Norman, Falls/Rocky Crk , Watcree, Mtn Island, Wylie (NC) Keowee, Jocassee, Gaston Shoals, 99- Islands Agency Contact Mr Chris Qoudreau Mr Dick Clhnsue Mr Roh Ahle NC Wildlife Resources SC Department of Natural SC Department of Natural Comnussion Resources Resources Rt 6, Box 685 PO Box 4496 PO Box 167 Marion, NC 28752 -9229 Rock Hill, SC 29732 1 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 C1pa1V.A.Kh% GAfTAd age b iouratm X +rngir na& 14cm itw dv Augua 19 L(t Attachment L Duke Power Catawba- Wateree Project No 2232 Keowee- Toxaway Project No 2503 Shoreline Stabilization Technique Selection Process Shoreline protect area Stabilization classification Application Is the bank height less than 1,- 2 feet? Is the bank ' height less than 3 feet? Applicant can use v hardening structures CApplicant can only ngineering nced np rap Seawalls not allowed walls or rip rap Environmental Stabilization not aottomland Hardwood allowed Is the bank ' height less than 3 feet? / Mitigation requirements determined by state wildlife agency Revievdappro-1 and potential mitigation No stablhzation allowed in IMZ s from March - June to lime impacts to fish epa"Ing Requires state wldhfe agency (e g NCWRC SCONR) ' Applicant can use hardening structures Mitigation requirements determined by state wildlife agency Attachment 1 Duke Power Catawba- Wateree Project No 2232 Keowee - Toxaway Project No 2503 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- engineenng techniques and enhanced np -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 - Sio-engineering techniques within an IMZ require applicant to provide photo evidence of successful vegetation establishment at 1 year point Bio- engineenng is a stabilization approach that utilizes natural and living material Bio- engineering techniques may include use of np-rap with live stakes, rock filled gabions, live staked crib walls, biologs, and numerous other activities - Applicant can use bioengineering np -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 - Cuvfill - 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 age 1 of 1) �•.a, gfw.es A'07'w SywrtNw � A . 4•ad"d %W MO AMA Ab �r 1M•!b� A4 dZmem f /y /di8►Y �irf���MMMMNN A If AM dV Aiy i1M A sy A MFmhr /► MI�C X s jr&.d arN M'tw Y1 JhMi AnI i•f //p "AV AdWJVWJVf A 7idf Mimi Arrn• � ,b•br - �ilr�r�d llrjln/.q_1lfr'A•dq�f M11 AtAb /I.f.4d ma _.dim Aden -40AW Ai, el.mwrws— rob A r.Ma 110TH, 0 NJ l NO IN" ptpx IA1 r ANW) " 001 PW qw /1 To 04, rl/hp NIH�1011 IA� r �� 741"1 iii � /� /pp to l�ppp 11 �1#TT�1 Ol Aiaill � lRn�fly�I1/FL +71iMT 0 OA DAT90 IIov I loll u /!/►MITT INPUT /Pt kULU UagT 1U671Rp, A" w0f.14AV1om') LOOAT /0 AV W OIOIT/p dw l UU11�A �V ti 3 � i • r 1 1 1 t0► s • � � X fMCIf1 X 1/ Aa as f•o rl n Wi sisp it PMlll/ gN/IN0 1111ORINQ ROCO 4N GYP Q"lg No ARMWA all I � Q ya-sa. �y "'TF 1.1119 p4 MS A, li Jr � ro� PAO JYIII PA 1101 � •' I QWjjTXI 4WW OTATF I N'° MAP ma I o1 411 PA HMO + inw ^ " "Few mmbv ^ OrOM/0" AwP }?pfp99Qd 1 1,91 io ff TAF 'Tof "WT' DYINVIA190 90 WF 014.11"P11 -It - — Book 5 page 689 8eq 1 ,1 r 7SSS -71 -1359 7555 -71 -4364 7555 -71 -0331 - - - � ti 1 -7208 1 __ 7555 -61 9229 7555 -71 -4270 7 555 -7 I -212 6 'I 7555- 71-3127 \\ i 1 ' 7555 -71 -0162 7564 -13 -4532 , 1' t -60 -7836 7555 -60 -9962 ; 50 m 201 ft l Charles This map Is prepared for inventory of real property within Jackson County It is compiled from recorded deeds, plats, and public data record map r lu rrY 5�/ Yrl1 '10% Printed Au 2 l t� FU Sh LIJAA t I.ake (Full Pond) PA CIO ""t NatixG xl� Beio�' Fv11 pvol � •5r� abaaQ �.�1 Ir Col. he foilo�arng �nforrYeat�on on this plan sketch t h x510 ft, x 100 ftl. please approximate- for each ��• such lions) (please provide dimensions clearing Iprovtde drm�+ nation etatgon ted above the Full Pond ovation All proposed ve9 Full Pond � or fill to be p1a s reta�n9 7) Location of rip rap ced below the Of fill toed 31 Loc�1Ori °f rip rap ropo5ed structures such as builden9 . �! The location of any P etc_ dred9 below the Full Po galls, docks excavation or 5) The location of anY access condors• elevation. lion ac g) Location of construe �� Jt FULL POND NORMAL SUMMERTIME Z \,ON G' O PLY TOP ERODED ESCARPMENT Wp = W Y p z0 m� W i AlOhq svom�I�-,,�� 1 END OF LAKE BED TOE OF BANK BANK HEIGHT DETERMINATION FOR SHORELINE FX"B ITATION ACTIVITIES MAY, 1989 d"V t4kb, • fov i tl + I A a� ce Glenville! -Duke Energy POBrer Lake Glenville 'Today's Lake Level S." PA. Ran[. Lake Message None Actual (about. CarRet(about Mm (about Max (about Low Inflo% Iakele�ela aso'�aetuaU !s osa'slaseet)lekele . ele naa7sm'n)lah�l «Ia gW?*njm)'ake)e(AbO n° +tin) 8 /27/2012 927 933 905 946 NA ®Duke F"W Corporatb^ Ali Rights Resened I of I More information (about lakele.ela ,_% on lake levels data rnusre 8/27/2012 2 21 F p1h Duke Cy Energy® Duke Energy lake Services po Box 1006 / ECI2Q Charlotte NC 28201 DUKE ENERGY NANTAHALA AREA (D" LETTER PRIVATE FACILITIES "USER A (You may use this letter and fill in the requested information Please Print) Date AMAL_�_-- TO Duke Energy c/o Lake Services- EC 12Q P O Box 1006 Charlotte, NC 28201 -1006 RE (Lake Name) ILk 0 o-\\J, K (Street Address) > t�\N i." 1 (Subdivision / Lot #) 111;cS ot.���c►�4�� (Applicant's full name) 1f.0 &Q S00 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 5PC&v�C��� on Lake In addition, Mve have read and agree to comply with Duke Energy's Shoreline Management Guidelines (SMG) and understand authorization be Duke's Lake Services' office prior to beg �ug ri y a �constructionwith the Project boundarry The on and within construction will be completed as described in the approved private facilities program app twelve (12) months from he applicant to file a Lake w application Failure within the hen- current guidelines The build -out period will require pp 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 I/we 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 I/we understand that the lake and its associated hydropower station are operated by DENA under the terms of a license issued by the Federal E Commission (FERC) and that there i operations as a r esult of the construction and/or use of any facilities that I/we may be allowed o place the FERC Project boundary or on DENA -owned property I/we understand that Idke levels will rise and fall over time in response to weather events and hydro project operations DP NA PRIVATE FACILITIES USERS AGREEMENT Final Rev 10113!03 Page 1 of 5 www duke energy com pursuit of the lawful public recreation enjoyment of FERC Project Safe lands Plans), anyone may fish around/under waters Except as specified otherwise in the SWIG or other DENA documents (e g Public structures built by others, may walk/wade /fish within the he F Ro Pet anyone's dperm ss on o do so Boaters may peripheral strip, boat in the lakes waters, etc without g g not block ingress /egress to piers/docks Uwe understand that every reasonable effort must be made to minimize any adverse impact on fish, U sh, wildlife, and other natural resources Uwe understand that trees and vegetation growing ecological i al benefit the vegetation has onimportant hertf sh and iw wildlife overall environmental condition of the lake g habitat supports a sound and healthy lake environmenail I/we ,etc also and /or disturbance of unauthorized removal of a buffer may shoreline vegetation (i a button bushes, willows, catt ) result in suspension or denial of lake use permitting requeand watershed buffe�regulat regulations orhDuke Energy if the disturbance is found to be in violation of the sate or county Nantahala Area Vegetation Management Requirements Uwe agree to notify Lake Services when construction e Activity" slgn (to be provided by construction be weather -proof "Duke Energy Approved Lake posted at the fob 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 Wner /leaseholde approved Uwe agree facility that Duke Energy Lake Services buyer /leaseholder of the property Y 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 Project parties permitting use of the Project property that promotes the overall recreational purposes Uwe agree that this agreement confers no right to construct or maintain public and private beaches, marinas or campgrounds I /we 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 and will exercise due care and diligence to prevent all Uwe agree not to allow any use of the adjacent property invitees, family members, guests, etc) to other persons that are affiliated with my /our property (including violate an applicable federal, state or local law regulation ari a bnpeepubt�c drunkenness, public ur�nat o nudity, n or illegal discharge of firearms or fireworks, controlled defecation, or other activities determined to be a nuisance by law enforcement officials DP NA PRIVATE FACILITIES USERS AGREEMENT Page 3 of 5 Final Rev 10/13103 I /we agree to exercise all care and due diligence to preserve Management Requirements ements Uwe Dagree further to adjacent property Uwe agree to comply with the DENA g not allow sewage, including discharge from edepotc sointo the reservoirstributaries , olaad�acaentsp property trash, or other waste material to be discharg dumped 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 on Uwe agree that only floating piers /docks (unlrss�tzel D in ENA will the Project property and that no peersldocks octures will be bon Project property without prior placed written authorization by DENA I/we agree for myself /ourselves, members of my /our tamely, 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 Uwe will indemnify, protect, defend, and save harmless Duke Energy from any and all loss, cost, claims damages, expenses, ,judgments and causes of action for ed to have arisen inn connection w th their occupancy or use of the DENA - guests, and invitees arising or claim 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 w not have an within expiration date days following g transferable to the of closing tonrthe� owner provided the new owner sign g property purchase Uwe have included a check for the applicable filing fees and security deposits and copies of all other necessary permits Uwe acknowledge that DENA has sir's fees�n charge a timely manner can result n the suspension ortcanceil cancellation that failure to pay any applicable u 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 nd pay within the for aid ma�ntenan en DENA -owned property in a sound condition and in a n eat appearance Final Rev 10/13/03 DP NA PRIVATE FACILITIES USERS AGREEMENT 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 court costs incurred in such associated with such an action, including notbenntviolation of any provision ofahe User Agreement o SMG action and/or enforcement if judged 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 permit, 4) loss of consideration of any future lake uspermitting ainCt ►lying structures, and/or 6)tfurther legal act o being increases in fees, 5) modification or removal P taken by DENA Sincerely, (Applicant's Name) aA Lake Street Address L•�.� \�Wtic>_c t� c��9 �i � 3 City /State /Zip Code Lake Phone Number (Designated Duke Energy Agent) Applica 's Signature l� S a � N l�`� L� Home Street Address \e;-\\j, t\f N� a -2q3 �o City /State /Zip Code 3(A Home Phone Number Date 3 �):% i o _ Date Final Rev 10113103 DP NA PRIVATE FACILITIES USERS AGREEMENT Page 5 of 5