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HomeMy WebLinkAbout20130067 Ver 1_401 Application_20130113t, , _ J State of North Carolina Department of Environment and Natural Resources Division of Water Quality .lames B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director September 25, 2000 Jimmy Chisholm Carolina Power and Light Company 179 Tillery Dam Road Mt. Gilead, NC, 27306 And Joe Hall Duke Power and Lake Management P.O. Box 1006 Charlotte, NC, 28201 -1006 2 0 1 3 0--0 6 7 q2�g��9 i JAN 2 3 2013 L„ - _wA11R QUAUTy Re: General 401 Water Quality Certification for Lalte 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 Carps of Engineers General Permit 198200030. We understand that you receive numerous requests from lakefront properly 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 hermits. 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. 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 Corms 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 Homepagc at www.saw.usace.at nly. .mil /wetlands /reatour.iltnl or read from the list on Appendix A. Tile Corps staff will determine if a 404 Permit is required, and if so, which particular one. It is important that the applicant teat n 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 apptoptiatc pcilnit. The matching Gencial Certification for GP 30 is the subject of (Iris correspondence. 2. Application for GP 30 involves submittal of detailed plans, location maps, and other supplenlcutal information explaining the nature and scope of the -wotk (o the Corps. If the work is determined to comply with all conditions of GP 30, the Corps will then issue a "(cat sheet" to the applicant, calict on -site of by mail, that qualifies as the Collis' written confirmation that the proposed ,votl, compiles with tills rep,ional general permit It is importaut for applicants to note that GP 30 always requllcs 'wjIitell conclurence from lit; Corps tdon pjschacge Gra»ch 2 32 1 Craht rep Ulvd Parlcvicw RWeigh No1hCarolwa "%t�11 -: Tolcphooc 919- 733 -1786 B l dg FAX a 733 9959 M (.c,,M nr'I.nU,na, Aft.1nLA1 —' A0K)1%( ny"o. 504. fe ycicw 10% (xnc coft"j.,n mv- 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 die scope of work falls below the thresholds for written concurrence on the 4014 the conditions of 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 look for and obey the speed limit sign on a road, but does not have to explain this — a driver needs 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 - / /112o enr state. g finne.uslncwetiands . This site contains information to guide the applicant through this process, includinks to the Pre- Construction Notification (PCN) application form. Copies of the appropriate web pages ace attached herein foe you to provide to applicants without inlernet access. If the applicant has already tiled out a PCN form for the Corps, they can simply copy this PCN form for DWQ. to 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. 'i"ite 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 placid on hold are usually deficient in maps. Applicants can save themselves time by preparing good maps with scales and north arrows. Tile vicinity map trust 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 tiie impacts USGS topo maps are typically the most useful type of site map foi individual property owners to use as a base Cot that site snap. Impacts trust be quantified on the tna1) and ill the form as an area (i.e. 0.5 acres, not just shore title length). if an applicant needs help filling out (lie application form, they should contact the appropriate DWQ Regional Office Staff, or Cyndi Karoly at (9 19) 733 -9721 in (lie DWQ Central Office. Thank You foi your attention. 1f you leave any questions, please telephone .fohn i)cy Ott 919 -733- 9646 of Cynd1 Kai oly at (919) 733 -9721 Since+ely, John i)wrrcy The Basics of the 401 Water Quality Certification Process 401 Water Quality Certification Program — The Basics Section 401 of the Clean Water Act delegates authority to uch as states Section 404 Perm Water . Theo' 401" is Certification for all projects that require a Federal Yen project will not degrade Waters of the State or essentially a verification by the state that a g otherwise violate water Quality standards. The following is a basic outline of the 401 review process in North Carol When do you need to request a 401 Water Quality Certification? If the U.S. Army Corps of Engineers determines e that then a 401 Water Quality Certification not your proposed project involves impacts to wetlands of emit is applicable t your work, a Nationwide, required. The Corps also determines which type P erm .8 Regional, Generator individual Permit. For each of the Nationwide, Regional onal o to General alid. An Individual for 9 matching General Certification must be issued n DW 1 Water Quality Certification is necessary if qu Individual ne ad thetmatch matching Gennerral Corps nss 40 uest, you ca determined which type of permit you should request. 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 writen concurrence/notification c , you do not need to submit required, and your project meets all of the conditions of the General format application or receive a signed 401 Water ce is Certification ease note the following steps tlto PP General Certification states that written concurrence 's necessary, P necessary to obtain your 401 Certification. Fill out a Pre - Construction Notification in North Carolina, you use a single form to request both a t4 04 pe permit and 40 Cert wwhen . This pCN f=orm can be downloaded directly. Please notes, this form ` final versions of the new Nationwide Pon-nits are issued just follow enclose instructions map and afs to map (to should also include a cover letter explaining your project, supporting scale) depicting all the proposed impact areas you ece also frot�t e Corps of Engineers provide e�s o documentation available, such as correspondence de hoto ra hs Remember, the more clearly you describe your project, land p�ovidetselven copes oft n p g P your application. You wilt need to submit this application toles your will be returned as entire application to DWQ. if you do not provide seven co, ro ed a OWE incomplete. DWQ will distribute the copies to five other state agencies, as well as the app t regional office, which saves you time and expec)se M9 15 'O1 10 :05 P. 02/04 ` WRip,. QUI�LITY pLPt44ING Fax :919- 715 - 5637 '3 ti LAKE AND XtLSER'VOIR ACTIVITY CERTI'FXCATION This General Certification is issued in conformity with the requirements of Section 401.1'ublic Laws 92-500 and 95 -2717 of the United States and subjeCA to the Notch Carolina Division of Water Quality Regulations d Section � and 15A NCAC 2B 0200 for the disch �x ofill material to waters and areas as described in the Wilmington District's Regional for the eneml) Tar-Pamlico e t Number Rat 00030 and Regional permit Number 198200079 and Buffer Rules (15A NCAC 213 .0233, • ��� issued oil January 21,t11992t and bras Water Quality' Certification (WQC) Number 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 Qatolina ce c301a302e 303130a and 307 of activity lie will Laws not violate applicable pottiohs of Sections 92 -500 and 95 -211 if conducted in accordance with the conditions hereinafter set forth. Concbttons of Certification. 1. Activities which tieguu'e approval under tither of these General Pcilnits 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 con1ply u,i(ij all other conditions of this General 0ertification.11owever, Condition No. 5 is applicable to all streams in basins µ,irh riparian atea protcctiorl rules- 2. In accordance with North Carolina General Statute Section 143-215-31)(c), any request for "'titter concurn"ence for a 401 ' Vater Quality Certification ntust include the apProi;natc fec If a project also requires a CAh1A Peiztut, one payment to boll) agencies shall be submitted and will he the htt,het of the t��,o fees The tee shall be collected and distributed belwcen the two agencies in accordance agreements teachcd bcm-cen the Division of Water ?uality and the Division of (1oastal Mana;emcM, 3 A,:ttviue� Mllca rrsuh in fill, dredn,irg or,Pii 11 c0laculi n 3c 1tnOi t C1La1`d "" :` un4cr this Gcncr,(! <cruU�nuuu t�yuu� of Qualit'. q Me.,ISUrC$ shall be tal.cn to ptevcnt live of frccl; concrctc from cu)l" 1'1 contact �.\itl1 v"aters of titc state until the concrete has hirdened, Y ate' • . UATER ot1AI..ITY "44ING Fax:919- 715-5537 41 5. Impacts to any stream length in he NO= and Tar - Pamlico River Basins requires written concurrence from �l�lde� °p ent activities located in 2B.0233 and 15A NCA or the protected e Peus wide TarPamlico giver Basins shall be limwetlands ed t d uses" not) within the Meuse an identified Within and constructed in accordance nt s all be oeaAed ?designed, and ISA NCAC 213.0259. 'Al new develop constructed, amaximum extern p>•acilcable tiuough the use of Ues�t water quality to the mana£ement practices; erosion control praclicesCvhich equal or . That appropriate ecdnt version of he "North arolina Sediment and d (, those outlined iii the Trio lPlanniagd m�P Surface Erosion Contro 2ftins Manual': -whichever o appropriate (available from the Division Central Offices) shall be of Land Resources (DLR) in the DENR Regional or in full compliance with all specificutions governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 7. Rip-rap shall be jjatil. habitat jaConstoi'u Construction over retlands shall Uc elevated rat protection of eqt !cast three feet above any wetlands, and floating structures shall not rest periodtcaliy on the bottom: S All sediment an clos+on ntrol measures placed in wetlands 01 waters shall be removed and� w thc natural grade restored aria the Division of Land Resources has relca-zed the project, 9. If an environwc »tal document is requited 1 this �� o d oftDc:cki n t(ROD) is iJ a Finding of No signftcant IMP',10 i issued by the Stute Ctearinghouse. All \v,aer quality'- related conditions of the PONSI or ROD;liall become conditions of this Certification. 10 1'icr and t?o<a houses shall be rJw kv3s e 000tl (Ii ,e\�aac to be disposed o\ �4 of sc\VR5,c Either, than allo��'tttg ra dlrectl\ Iltto sutfdze watcts, 11 AddM0111 sre- �peccfic conditions itlay be added to pro tckts piu poscd \ \ iti: fill under this CcIt +f +c, tlon in ordc i to elisule. compliance \kith all alylcc b ?c l i, .11 Gf aluaalT dlli �IIILI.III p0.11ti1,u ..• -7 3 - � May' 15'' Ol' t• a�' 4�06r7: s' r .�P:b4��Od``' °���;.�,,,a,..ea WATER QUALIre pt 441.MG Fax :91. 015 -56 7 4. 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 die same day as the expiration date of. tile corresponding Regional PerfAit 198200030 or 193200079, 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 ♦vith or violation his Certification for tile project oandbtriay result specific i fill project shall result in revocation of t criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality roay require submission of a formal application for �ve aa certification e category of activity, if it is determined h�P TO tis �ely to hav n significant uses of the adverse effect upon water quality or degrade d�.e eaters so that existing wetland or downstream waters are precluded. Public hearings itiay be held for specific applications public's bestiiite�stiby he Director of prior to a Ceitifuatton decision if do the North Carolina Division of Water Quality. Effective date: 1 June 2000 DIVISION Ole WATER QUALITY 13N Kell T. Stevens Director wQC P 32SO US Army Corps Of Engineers Field trees And County Coversge Asheville Regulatory Field Office Alexander Cherokee Ctay Iredell Jackson Mitchell Uttion Polk Watauga US Army Corps of Engineers Avery Buncoinhe Cleveland Luicoht Rowan Yancey ISS Patton Avenue Burke ason Man w Rutherford ily Room 208 Asheville, NC 28801 -5006 Cay�us Gralnt Caldwell Iiaywood i McDowell Swaim TelephonC (828) 271 1854 Catawba Henderson Mecklenburg Transylvania Fax: (828) 271858 Dud= Johnston Rockingham Wilson Raleigh Regulatory Field Office Alantartce All hang Fdgeemnbe Lee Stokes Yadkin US Atmy Corps Of Engineea Ashe Franklin Nash Surry 6508 Falls of the Netisc Read Caswell Forsyth Northampton Vance Suite 120 Raieigh, NC 27615 Chatlltun Granville Oullford Orange Pasco Wake Warren Telephoner ( 919) 876-8441 Davidson Davie Halifax Randolph Wilkes Fax: (9 19) 876 -5283 Washington Regulatory Field Office Beaufort Currituck Beaufort Dare Jones texroir Pitt Twell US Arty Carps Of 124m as Gates Martin Washington Pohl Office Box 1000 Pamlico Wayne washittgton, NC 278b9 -1000 Tdcphotta (252) 975.1616 1 Hcnford Hyde hs9�� Ptaquiinar s 'Cmataa National Forest Only Fax: (252) 975-1399 Craven Wilntirt6ton Regulatory Field Office pups Bladen liamett Onstow Pertder US Army Corps Of EngIMM Bnmswick Hoke Rklunond Post Office Box 1890 Wilmgun, NC 2MM -1890 Carteret vontgomey Robeson Telephorim (910) 2514S I mom Curnbefand Now Scotland Fax: (910)251.4025 US Fish and Wildlife Sctvke / National Marine FUhcrics Servke US Fish and Wildlife Service National ytartne Fisheries Service US Fish and Wildlife Service Asheville Field Ofkke I labitat Conservation Division Raleigh Field Office Post Office Box 33726 160 Zillicoa Strut Pwcrs island Beaufort, NC 285 L6 Raleigh, NC 27636.3726 Asheville, NC 28801 As a vine,: C 2 905-1195 Telephone: (252) 728.5090 Telephone: (919) 8564520 Noah Carolina State Agencies Division of water Quality state I hstom Preservation OnSce Divi.on of Water Quality Wetlands Restoration Ptel kk: ,artment Of Cultural Resources 401 Wetlands Unit IGle Matt Service Center 4617 Mail Service Center 1650 Mail Service Center Raleigh, NC 27699 -1619 Raleigh, NC 27699.4617 Raleigh, NC 27699.1650 l'cx- 733 -5208 bole hole 919) 733 -4763 (919) 715 Telephone: (919) 733 -1786 (919), 33.5 Fax (919) 733.5321 Fax -2671 Fax: (919) 733093 CANIA and NC Coastal Counties Beaufort Chowan llcnford Pasquotatfs Division of Coastal Managmacm Bettie Craven Hyck Fender 1638 Mail Service Cotter Brwiawick Currituck Ncw ILmovcr Yertltutttans Ralcigb> NC 27699 -1638 Gvtuten Dam (httlow Tyrrell Telephone (919) 733 -2293 CwtCrel (iathx Fanthco Washington Fax (919) 733 -1495 NCWRC and NC 'l rout Counties Alicgltany A4te Caldwell Mitchell Watauga Wilke% 3855IdrFwdinoulLcgtonConrdtnntor 3855 Ltilewlld Road Ave Stokes Kentmvdle, NC 272840180 Burke Ste' Telephone. (336) 769 -9453 Mou:naat Region 0am9tlat0r Cliciu ee C,itcrokcc f bench son laekum Pu1V Rutlicrfotxi 20830 (heat Smoky Mtn ExprcttHay Clay Macon Swain Waynesville, NC 28786 Graham Madison 7'r :a15)fva,na 1'elcphone. (328) 452-2546 Fax- (828) 506-1754 Hdywood McDowell Y.Viccy Jan 10, 2013 Reference: Agent Authority This letter is to give Hubert Bryson of Bryson Trucking; 6352 Hwy 107 N. Glenville, NC 28736; Office 828 - 743 -3304 and Cell 828- 342 -6546 Authority as my agent for all applications, permits and executing necessary documents for the shoreline restoration and seawall project on Lake Glenville located at 778 Hare Hollow Rd. Cullowhee, NC 28723. Please feel free to contact Hubert directly regarding any of these matters. Since , Louise Geddes 778 Hare Hollow Rd. Cullowhee, NC 28723 404 -452 -7471 Cell 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 (S) copies of this application and supporting information as well as a non - refundable application fee to the Division of Water 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 Permitting 1650 Mail Service Center Raleigh, NC 27699 -1650 I. 2. Applicant Information Owner /Applicant Information Name: _ (,,.ow '�C...l . 6 P�Ir Mailing Address: Telephone Number: £.ell ' 404-452-1-411 Fax Number: E -mail Address: 4iVCC�iG� f_S S ea-Via., Q , "-P" U_— 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: t M&!Qt.r Company Affiliation: Mailing Address: Telephone Number: E -mail Address: 1I. Project Information SOVI r 001 ` 9445 - 3301 Fax Number: 9893to 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 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, of other facilities must be included. 1. Location County: �X� -�SG� Nearest Town: Subdivision name or site address (include phase /lot number): Directions to site please include road numbers, landmarks, etc. Thts is not necessarytf an adequate vicinity p ma is included). cxte�_ W I . 3 cmktyy" 0uvkz %,yt 2. Describe the existing land use or condition of the site at the time of this application: �6Vak I Property size (acres): \ •O(D 4. Nearest body of water (streanVriver /sound /ocean /lake): G N" I 1 5. Describe the purpose of the proposed w k: -6 r S�i,111L �,ir [`C�iYtQ t i - k - - - .- 1 r -1 ! .. -- - - 6. List the type of equipment to be used to construct the project: �X�1VlAY e L�t7►rye 7. Amount of impact (including all excavation, backfill, Ap rap, retainin&walls, etc.) below the normal pool lake level in square feet or acres: 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 squire feet or acres: e �� 8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted (number of trees for instance): MildLM0.A " _S0t%&L SwDA _ r-- - . % _ - 14, -- AA - .- 114 k __t Applicant /Agent :stignature late (Agent's signature is valid only if an authorization letter from the applicant is provided ) vrm t 1 l r Full Pc Shorel 1 Lake (Full P°nd) rp,�vv�a� aYy 5 3.5Jxlas��� 5p� 3, S X i oZ5 ' tiara I hawing information anx 100 t1n sketch the follow" as 14 ft. raxirnate�i far each item. sions� please P dimensions rovjde elevation (please ProvNie v �,nn clearing fpm above Full Pond e�vation 1) All �oOn of or fill to be plat Full Pew 7I Location of rip rap placed below the s retaking action of rip rap or fill used structures Such as building 3) L of any Prof the Fun pond 4► The location etc. dreg '® below wall s,ks'ot any excavation 5y The location dors. *vatiot•.of construction access cam g3 �ocatwn tt 0 AJA� ] E 7[] 2 3 0 or 7 FULL POND ! is � liAii ri*. ♦. 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Jackson County of any County mpmse"Mw swumm no legal f*spO"blrttY for MO contents of this MP Pdnted:Jan 14, 2013 glenville -Duke Energy Lake Glenville 3 -Month lake Level History Lake ,Icssage:None I. ei ahnut 31i »,_ {about �4��. c�h__ t _i1- AMnal_(nhoul- ?K_ - ete�Ety. a� ?p!+1!L�2lakeletiels,��P -_ -.1L � abnnt_ lal�eli�clF.ncp ?au�_tt? all M. SSiel�, a�?_ h�rg51�1�1. lakSiciela.a��trlil_ji 93.0 goo 94-0 NA 10/01/2012 941 89 9 94 0 NA t0 /oz /zou 95 2 9 99 89 7 94,0 NA 10/03/2012 2 qz.A _ 89.6 94.0 NA 10/04/22012 95.1 92 7 895 940 NA 10/0512012 950 92 6 894 94'0 NA lo/06/2012 94.8 921 89'22 940 N% 10/07/2012 94.7 922 4 891 94.0 NA 10 /08/2013 94.6 923 8qo 940 NA 10/09/2012 94 6 922 88 8 94.0 N 10/10/2012 94.5 92 1 88.7 94.0 NA 10 /11 /2012 94.3 9 88.6 94.0 NA 10/12/2012 941 9119 9 86.4 94.0 NA 10/13/2012 93.9 qt.8 88,3 94 0 NA 10114 /2012 93.7 917 88.2 94.0 N.A. 10 /w /2012 93.8 gi6 88.1 940 NA 10/ 1612012 93.8 91.5 879 94.0 NA 10/17/2012 93.7 91 "4 878 94,0 14A l0 /38 /2012 934 913 87.7 940 NA 10/19/2012 932 91.2 875 94.0 NA 10/20/2012 930 91'1 87'4 940 NA 10/21/22012 928 910 873 94 0 NA 10/22/2012 926 909 87.1 940 NA 1o/23/2012 92.4 90'8 87.0 94.0 NA 10/24/2012 92.2 qo.7 86 9 94.0 NA 10/2512012 919 90.6 86.8 g4 0 NA 10/26/2012 91.7 90 5 86.6 94.0 NA 1o/27/2012 91.5 90.4 86.5 94 \A 10/28/2012 91:3 90 9 864 94 0 NA lOf 29 /2012 9t,.! 862 94.0 %A 10/3012012 91.1 90.1 86 1 94.0 NA 10/3112012 91 0 90.0 86.o 940 NA 11 /Ol /2012 90 9 90.0 86.o 940 NA 11/02/2012 908 90 o 85.9 94.0 NA 11/03/2012 90.8 qo "0 859 94 0 NA 11/04/2012 90.9 900 85 9 94.0 NA 11/05/201` 910 goo 858 940 N.1 11/06 /2012 90.9 90.0 g5 g 94.0 %A 11/07/2012 90.8 90 0 858 94.0 NA 11/08/•2012 90.7 90.0 85.8 94.0 14A 11/09/2012 907 90.0 857 94 0 NA 11 /10 /20I11/10/2012 90 8 90.0 85'7 94 0 NA 11/11/2012 90.8 90 0 857 q4 0 NA 11112/2012 908 goo 856 94 0 NA 13/13/2012 907 goo 8; 6 94.0 N:\ 11/14/2012 90.7 90 0 956 qq.o NA 11/15/2012 9o•6 goo 855 94 0 NA 11/16/2012 905 90.0 85.5 94,0 NIA 11/17/2012 90.6 90.0 -C2 1/ 17/2013 8:25 A • , -" � � � ' -, - � mss, � � • �� • � 1" v7 ate(,., . • � •. � . ' i ri - ^ ;, : "� � � V• ' ` I'.�f� �t ' , • , ; ' �'-, r, i- T� !• i� � y'•' ' ' )r ' , it ,y , ' r .r � • � — r '' � I V ., , I . , i ! r � a e / IY rA 7 . • i r ',` Jut '!, �' /'1 't _ � _ � - �. .. � � � 5 . is ,� ;, � � l4���'.e' ,i �� � .. , � k, � , ` � ,, � � � .` ;��; . � - �, ,, _ � � � .. � � .. � � � �f � - - � _, � , � � ;� „�� s . ._ � ,� ' � S � n � � .. _ � r. � r . Y � ,., ��� k �l�, ' � � 1,�, � � f' ,i tirtr' �� .. � � r � ° - - illy',. _ ,,. i� .'�� �'•, r;� ;� . � � - .. � � , - �! ��'3, ', � :�_k �,i,• ';�� r'.r, .r,, �; � � � 3r t v � ` �� . , -.`. r ,. � � j � - ..... ri 4 �{ � � 4�y..(A4. .�._1 �! 'l, �� � :, 3,' � � "11X{ '!'" 1` 1 ', ` t { .' ' n ' 'v ” , _r •� �_ n�'. _' r �r, i r Duke Energyo WATER STRATEGY AND SERVICES Duke Energy Corporation 526 South Church Street Charlotte. NC 28202 DUKE ENERGY NANTAHALA AREA (DENA) PRIVATE FACT oX 61 EC12a "USER AGREEMENT" LETTER chdrintte, NC 28201 -1006 (You may use this letter and fill in the requested information. Please Print) Date O %% 3 TO: Duke Energy c/o Lake Services- EC 12Q P. O. Box 1006 Charlotte, NC 28201 -1006 RE: (Lake Name) -X— \ 1� (Street Address) (Subdivision / Lot #) a� 5.(: 1 as (Applicant's fill name) _, _ hereby agrees to comply with all requirements and conditions set forth by Duke Energy's Lake Services' office, or any feder state or local agencies pertaining to our Private Facilities application to construct a on Lake Vk . In addition, live 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. Uwe understand the physical location on my /our lot in relation to the common property line with Duke Energy, the FERC Project boundary, and any deeded flood easements or required building setbacks. 1 /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 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. Uwe understand that lake levels will rise and fall over time in response to weather events and hydro project operations. Final Rev lOfl3103 DP NA PRNATE FACILITIES USERS AGREEMENT 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. 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, 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 I /we 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. I /we 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. Ihve understand that Lake Services' approval of the requested reservoir use in no way constitutes assignment of an interest in real property (i.e. land rights). The approval is granted and maintained solely at Duke's discretion. Uwe also understand that the permitted use may be revoked at any time by Duke Energy or its successors for any reason whatsoever. If the approval is revoked, I/we 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 Ihve 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. 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. I /we understand lake use permit holders have the authority to prevent others from trespassing on the structures they have built. I/we also understand that Uwe, however, do not have any authority to impede anyone from Dp NA pR1VATE 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 lak� permitting e ate or county watershed buffe �regulatlo re-establish ns orthe Duke Ene gY if the disturbance is found to be in vio at on off th f Nantahala Area Vegetation Management Requirements. I/we 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. I/we 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. I /we 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. I/we 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. I/we 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 10113103 Page 3 of 5 I /we 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. Uwe agree that only floating piers /docks (unless otherwise authorized by DENA in writing) will be placed on the Project property and that no piers /docks or structures will be built on Project property without prior written authorization by DENA. I /we agree for myself /ourselves, members of my /our family, guests and invitees that Uwe assume all risks of personal injury or property damage incident to my /our occupancy and use of the premises; including but not limited to any personal injury or property damage which may be sustained as a result of flood waters or in connection with the rise and fall of water in the reservoir as a result of floods or of the operation of Duke Energy's hydro electric facilities. 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). 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 FACILITIES USERS AGREEMENT Page 4 of 5 Final Rev. 10 113x03 Uwe agree that if any action is taken by Duke Energy to enforce any provision, covenant or agreement contained in this user agreement or DENA SMG or if Duke Energy is required to retain an attorney to enforce any provision, covenant or agreement contained in this user agreement or SMG (including, without limitation, the payment of fees due hereunder or the removal of an encroachment constructed in violation of this user agreement or SMG), then Duke Energy shall be entitled to recover all of its reasonable costs associated with such an action, including but not limited to, attorneys' fees and court costs incurred in such action and /or enforcement; provided, however, that the undersigned shall be entitled to recover all of its reasonable costs associated with such an action, including but not limited to, attorneys' fees and court costs incurred in such action and/or enforcement if judged to not be in violation of any provision of the User Agreement or SMG. Uwe agree that Uwe have read and will abide by the DENA SMG published under separate cover. Uwe understand that Lake Services representatives may issue Stop Work Directives for any violations of the SMG or engagement in prohibited acts or activities on DENA property as specifically identified in the SMG. Uwe understand that persons found to be in violation will be subject to DENA sanctions which can include: 1) restoration of the impacted area at the person's expense; 2) loss of consideration of any future lake use permitting activities for up to five years for improper vegetation removal or until vegetation is satisfactorily re- established (even if there is a change in property ownership); 3) revocation of a previously issued permit and loss of consideration of any future lake use permitting activities and /or reinstatement of the revoked permit; 4) increases in fees; 5) modification or removal of non - complying structures; and /or 6) further legal action being taken by DENA. Sincerely, 4 Y i i (Applicant's Name) 419 Nrcrz kv Ilovo 12C Lake Street Address City /State /Zip Code Lake Phone Number (Designated Duke Energy Agent) DP NA PRIVATE FACILITIES USERS AGREEMENT Page 5 of 5 Appl' ant's Signature 7�; v Home Street Address G C4 City/State /Zip Code co 1 Home Phone Number Date: Y I I• Date: Final Rev 10/13/03 4 � DUKE ENERGY DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big impact on permit processing time. Please complete this form and return it along with your completed permit application to: DUKE ENERGY CIO LAKE SERVICES - EC 12 Q PO BOX 1006 CHARLOTTE, NC 28201 -1006 1- 800 - 443 -5193 and select Option 5 Applicant's Name:�� ^�.i)[Y�5 Street Address (at lake): -77? W&rZ.�`�•) Lake Name: C'��e�n�)ti W, Subdivision Name: Tax Parcel ID (if known): 17S54-A S S P, Lot # City: y.�`a�yWLS� County: 1 State: JV C- Zip: Latitude: 3S. 1 V ( 59 Longitude: -9 3: 53 0. Telephone: LA 04 q5 -A- 94 rl 1 Directions (from major road or highway): iN ep-� Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc): &V\�A'� 6f M, 4'.0 kiad,46 Q- 9,Apoo- gpal/LAKEMGMT /Package tnfonnation/Directions by Road Form doc 8/26/09 20134067 DUKE ENERGY LAKE SERVICES EC12 -Q P O BOX 1006 CE ARLOT'TE, 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. [. Applicant information A. Name Low - �ul e C S - B. Mailing Address �q o Wcc ' -- CAA 3d ,3yC C. Telephone: Ce- l i H 0, 4 " y 5,�i " 14 - [I. Location of Proposed Project A. Lake 6-%e ir1 v , i a- B. Street Address -43 k r4-rt.r e If ovJ f�ej . C. County :1a L kSuin D. City, town, c unity or landmar i V t� 1�i • -- E. Section y 4 Lot # N A' Subdivisi n F. Directions to property by road j ►f 10' r► C' y G. Latitude and longitude for the project site 3S . 't'% i1G% H. Please submit a map showing the coordinates Ora 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 I _ A. Length of wall '# B. Material r� GIB i 10tS5 C. Distance from property line /shoreline,jt IV. Intended Use of Project Area A. Private B. Commercial— L V. Applicant Signature Date- PLEASE, NOTE T ,F FOLLOWING: • 2 COPIES OF THE "DUKE ENERGY APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA ", PHOTOGRAPHS OF THE SHORELINE TO BE STABILIZED, AND FIVE (S) COPIES OF THE COMPLETED 'INC DIVISION OF WATER QUALITY PRE - CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO NC DIVISION OF Wit TER QUALITY ATTEA710V: CYNDI K9ROLY PARKVI W BLDG., 2321 CRABTREE BLVD. RALEIGH, .NC 27604 9I9- 733 -1786 �M �AN�32013 Y 1LAKEM0\4 lPac1.age Wonnattan% M Shore:ine Slabihzat o-1 A p:.,;au: n Jn, -WATT QUALITY - .. _ ..e�nn Rmru (ATTACHMENT 8) BIO- ENGINEERING AND SHORELINE STABILIZATION MITIGATION FOR LAKES MANAGED BY DUKE ENERGY LAKE SERVICES I. 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. Often a combination of technique may be utilized to effectively control erosion in areas with varying condition. B. Benefi 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 Plarn Svecies COMMON NAME SPECIES SOFT RUSH JUNCUS EFFUSUS ARROW ALUM PETANDRA VIRGiMCA SHALLOW SEDGE CAREX LURIDA SILKY DOGWOOD CORNUS AMOMUM TUSSOCK SEDGE CAREX STRICTA BUTTONBUSH CEPHALANTHUS OCCIDENTALIS GRAY DOGWOOD CORNUS RACEMOSA YELLOW IRIS IRIS PSEUDACORUS VIRGINIA BLUEFLAG IRIS VIRGINICA PICKEREL WEED PONTEDERIA CORDATA BLACK WILLOW SALIX NIGRA SOFT STEM BULRUSH _ SCIRPUS VALIDUS GREEN BULRUSH SCIRPUS ATROVIRENS EELGRASS VALLISNERIA AMERICANA WOOLGRASS _ SCIRPUS CY PERINUS 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. t gr!'LAKs�i '..: 1'aelo c !nimr,aon%, -o : y:; �^ ng I Ic�n2Urn da nugut 1R,1vo> (ATTACHMENT S) D Techniques Bio- engineering techniques normally include minor grading to allow for the installation of a rip rap toe, rock gabion, Bio -1090, crib wall or similar structure in high energy areas. The structures are then enhanced by the addition of natural/living material. For example. 1. live es — 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 fascine — 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. Want plugs — 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 information about bio- engineering techniques, material sources, information sources and the value of riparian zone. This 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. 11. 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 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. GpsP;.AKChtGAf'[1P�N•sq^ en'crcrnuoaU3iyC�gain�aryi In;ntr�aUCn Jcr Al;eXl 18, 2Vt; (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. Agency Review *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. 3pz Lal:C�iG \t ^9eti ey, itdJ t »r6 n: L -r Igu- ;g idtrmt tt;a ` d,< AuFUA 18.20k, (NC) James, Rhodhiss, Lookout Shoals, Norman, (sC) Wylie (SC) (sc) Rocky C k Watcroe, Lake Mtn Island, Wytie (NC) Keowee, Jocassee, Gaston Shoals, 99- Islands Mr. Chris Goudreau Mr Dick Christie SC Department of Natural Mr. Rob Ahle SC DepartmtNatural Agency Contact NC Wildlife Resources Commission Resources Resourees Rt. 6, Box 685 Marion. NC 28752 -9229 PO Box 4496 Rock Hrll, SC 29732 PO Box 167 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. 3pz Lal:C�iG \t ^9eti ey, itdJ t »r6 n: L -r Igu- ;g idtrmt tt;a ` d,< AuFUA 18.20k, Attachment L Duke Power Catawba- Wateree Project No 2232 Keowee - Toxaway Project No 2503 Shoreline Stabilization Technique Selection Process Shoreline I J project area Stabilization I�- ---►(\ Application classification Is the bank "' height less than 3 feet? / Is the bank height less than 2 feet? i Applicant can use hardening structures (enhanced plicant can only bioengineering rip rap Seawalls not allowed. o eawalls or imple rip rap Environmental Bottomiand Hardwood is the bank height less than 3 feet? / Mitigation requirements determined by state wildlife agency. Stabilization not allowed Reviewlapproval and potential mbigailon. No stabilization allowed In IMZ -s from March - June to limit impacts to fish spawning. Requires state wildlife 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- engineering 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- engineering is a stabilization approach that utilizes natural and living material Bio - engineering techniques may include use of rip -rap with live stakes, rock filled gabions, live staked crib walls, biology, 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 a Jan 10, 2013 Reference: Agent Authority This letter is to give Hubert Bryson of Bryson Trucking; 6352 Hwy 107 N. Glenville, NC 28736; Office 828 -743 -3304 and Cell 828- 342 -6546 Authority as my agent for all applications, permits and executing necessary documents for the shoreline restoration and seawall project on Lake Glenville located at 778 Hare Hollow Rd. Cullowhee, NC 28723. Please feel free to contact Hubert directly regarding any of these matters. ise Geddes 778 Hare Hollow Rd. Cullowhee, NC 28723 404- 452 -7471 Cell �amps- , f 1 t t Fu41 pond ,h (,reline rl -.3-- lake 4F ill pond) 3.5 7C 5 o' 3, S X 025 now Stt4abV- intormatian o� this �lan fallaw�• soh as iQQ ft1: $ketch the sIons) roiatety�sian far each item" elevation p�1ease apP dim s rovsde drmen elevation tease Pr °vie a etatron clearing aced aboVe the Full Pond tP osed v ced beb Full Po� - retaimn9 11 �! mop rap or f"i!! to lae laced building 71 Location of rip er f111 to be P as 3) LOCO ion of riof a pr,Poged structures s The location - � below the Futt Pond �1 etc_ dream' Walls, doc"' etc eXcavation or 5) The location dors• elevation• onstruction access corn 61 Location of c ids/ 3 U) 1 FULL POND rr f -4iW; a mow TOP ERODED ESCARPMENT �...._.._.__._ E t END OF LAKE BED TOE Or- BANK WANK HEIGHT DETERMINATION FOR SHOREL INF- STABILITATIOW ACTIVITIES r C7 aC =Q �ui z° aw M w MizY,1999 '%1, i �} All 'ICA 7 TIN ILU +3 i I 'i rill A It 'ICA 7 TIN ILU +3 i I 'i A — 011, !I L4 1'l fig, 11 all LA 9 lm Ot ri .1 rill It A — 011, !I L4 1'l fig, 11 all LA 9 lm Ot ri .1 ke Glenville -Duke Energy I f'+ter9ll I Lake Glenville 3-Month Lake Level History- -- - - - - -- --- -- - - - - -- - - - -- -- - ._... - -- 5,6011,xa.o11 Lake Message: None - - - - - -- - - - -- -- ------- - - - - -- Actual (about- Tamet (about- Min. (about- Max. (about- Low inflow lakclevels aap?anctual) i 1�ke elel .a_xg °+1tar tl lakelevel5 avn?Ymin) laAele�els.aro7dma�) tabout - lakelevek.m7olio) 10/01/2012 94.1 93.0 90.0 94.0 NA 10/02 /2012 .2 92.9 89.9 94.0 NA 10/03/2012 9 92.8 9.7 940 10/04/2012 95.1 92.7 69.6 94.0 NA 10/05/2012 95.0 92.6 89.5 94.0 NA 1o/o6/2012 94.8 92.5 894 94.0 NA 10/07/2012 94.7 924 89.2 94.0 NA 10/08/2012 94.6 92.3 89.1 94.0 NA 10/09/2012 94 6 92.2 890 940 NA 10/10/2012 94.5 92.1 88.8 940 NA 10/11/2012 94.3 92.0 88.7 94.0 lA 10/12/2012 94.1 91.9 88.6 94.0 NA 10/13/2012 93.9 91.8 88.4 94.0 NA 10/14/2012 937 91.7 88.3 94.0 NA 10/15/2012 93.8 91.6 88.2 94.0 NA 10/16/2012 93.8 91.5 88.1 94.0 NA 10/17/2012 93.7 91.4 87.9 94.0 NA 10/18/2012 93.4 91.3 87.8 94.0 NA 10/19/2012 93.2 91.2 87.7 94.0 NA 10/20/2012 93.0 9L1 875 94.0 NA 10/21/2012 928 910 87.4 940 NA 10/22/9012 92.6 909 87.3 94.0 NA 10/23/2012 924 908 87.1 94.0 NA 10/24/2012 92.2 90.7 87.0 94.0 NA 10/25/2012 9L9 9o.6 869 94.0 NA 10/26/2o12 91.7 905 868 94.0 NA 10/27/2012 91.5 904 86.6 94.0 NA 10/28/2012 9L3 903 865 94.0 NA 10/29/2012 912 90.2 86.4 94.0 NA 10/30/2012 911 90.1 862 94.0 NA 10131/2012 91.0 90.0 86.1 94.0 NA 11/01/2012 90.9 90.0 86.o 94.0 NA 11/02/2012 90.8 90.0 86o 94.0 NA 11/03/2012 90.8 90.0 85.9 94.0 NA 11/0412012 90.9 90.0 85.9 94.0 NA 11/05/2012 91.0 90.0 85.9 94.0 NA 11/06/2012 90.9 90.0 85.8 94.0 NA 11/07/2012 90.8 90.0 85.8 94.0 NA 11/08/2012 90.7 90.0 85.8 94.0 NA 11/09/2012 907 90.0 65.8 940 NA 11/10/2012 90.8 90.0 85.7 94.0 NA 11/11/2012 90.8 90.0 85.7 94.0 NA 11/12/2012 90.8 900 65.7 94.0 NA 11/)3/2012 90.7 90.0 856 94.0 NA 11/14/2012 90.7 90.0 85.6 940 NA 11/1,,/2012 90 6 90.0 85.6 94.0 NA 11/16/2012 905 90.0 855 94.0 NA 11/17/2012 go.6 90.0 85.5 94.0 NA 1 of 1/17/2013 8:25 AA ut , Ap ` ' ' •_ . NJ yt i ".. `_I , . , ' 'lam . I. , r is � � ion r / rl � ' - . ., `, , •, � t ; 1 � � � �., _. , Ia / 4 ,r f ' �� ` , .i' � r ' '• �• .. ' � .A , � t. f � r, \.`+ r ' ' r ' � n , ' I . , i t�,1� ' +�( � �� � •; - - _ � � jai 1, •:. ,,,. .. _ - „' , P�7Duke Energye WATER STRATEGY AND SERVICES Duke Energy Corporation 526 South Church Street Charlotte, NC 28202 DUKE ENERGY NANTAHALA AREA (DENA) PRIVATE FACI'ess: ox 61 EC 120 "USER AGREEMENT" LETTER Charlotte, NC 28201 -1006 (You may use this letter and fill in the requested information. Please Print) Date i o-J TO: Duke Energy c/o Lake Services- EC 12Q P. O. Box 1006 Charlotte, NC 28201 -1006 RE: (Lake Name) (Street Address) (Subdivision / Lot #) M5. Gs (Applicant's full name) �.` - ' hereby agrees to comply with all requirements and conditions set forth by Duke Energy's Lake Services' office, or any Feder A state or local agencies pertaining to our Private Facilities application to construct a CLWI 1. k on Lake V�. 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. [/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 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 FACILITIF'sS USERS AGREEMENT Final Rev 10/13 /03 Page 1 of 5 www.duke- energy cam 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. I /we understand that as an owner or lease holder of property directly adjacent to DENA's Project boundary I /we enjoy the same rights and privileges for general recreational use and enjoyment of the Project lands and waters as are afforded the general public. I /we 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. I /we 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. I /we 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, I/we 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 I /we 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. 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. 1 /we 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 FACiLrr1ES USERS AGREEMENT Page 2 of 5 Final Rev 10/13/03 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. 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. 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. I /we 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. 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. I/we 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. I/we 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 10/13/03 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. I/we agree to comply with the DENA Vegetation Management Requirements. I/we 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). 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. 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. 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. 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. llY NA PRIVA7'K 17AC1I.rr1ES USERS AGREEMENT Page 4 of 5 Final Rcv 10/13/03 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 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. 1 /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) 1-19 Nu re Ro uovi ;2al - Lake Street Address 1'�L itowk;-. , K; L aKl3f, City /State /Zip Code & 3� Lake Phone Number (Designated Duke Energy Agent) UP NA PRIVATE. PACILrI IES USERS AGREEMENT Page 5 of 5 Appi ant's Signature Home Street Address Ad ce- a City /State /Zip Code , 1 4� yU 4 q Home Phone Number Date: �3 Date: Final Rev 10/13/03