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*. ♦.
V jrg4p—;vllllwj
r
TOP ERODED ESCARPMENT
i
END OF LAKE BED = TOE OF BANK
=w
C'3 cr.
=Q
Y W
z�
9 z2
w
BANK HEIGHT DETERMINATION
FOR SHORELINE STABILITATION ACT-1VITIES
MAY, 1999
Eryt..
,age 1 of 1)
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ME TABLE CURVE TABLE
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This map is prepared for Iffmftry of " prope" Within Jackson County. It Is COUIPPed from mCarftd deeds. plats, and pubft daft
=or". Users of this amp are hereby nodftd that tha afomo*"boned puM Wwmatl*n wurcas should be consulted for varmeation.
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-
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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
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88,3
94 0
NA
10114 /2012
93.7
917
88.2
94.0
N.A.
10 /w /2012
93.8
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88.1
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10/ 1612012
93.8
91.5
879
94.0
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10/17/2012
93.7
91 "4
878
94,0
14A
l0 /38 /2012
934
913
87.7
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10/19/2012
932
91.2
875
94.0
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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
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1o/23/2012
92.4
90'8
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94.0
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10/24/2012
92.2
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86 9
94.0
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10/2512012
919
90.6
86.8
g4 0
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10/26/2012
91.7
90 5
86.6
94.0
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1o/27/2012
91.5
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10/28/2012
91:3
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864
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lOf 29 /2012
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10/3012012
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94.0
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10/3112012
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11 /Ol /2012
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11/02/2012
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11/03/2012
90.8
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11/04/2012
90.9
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11/05/201`
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11/06 /2012
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11/08/•2012
90.7
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11/09/2012
907
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11 /10 /20I11/10/2012
90 8
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11/11/2012
90.8
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11112/2012
908
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94 0
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13/13/2012
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11/14/2012
90.7
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11/15/2012
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11/16/2012
905
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11/17/2012
90.6
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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
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3.5 7C
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61 Location of c
ids/
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TOP ERODED ESCARPMENT
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END OF LAKE BED TOE Or- BANK
WANK HEIGHT DETERMINATION
FOR SHOREL INF- STABILITATIOW ACTIVITIES
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Lake Glenville
3-Month Lake Level History-
-- - - - - -- --- --
- - - - -- - - -
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5,6011,xa.o11 Lake Message: None
- - - - - -- - - - --
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10/01/2012
94.1
93.0
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10/02 /2012
.2
92.9
89.9
94.0
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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
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NA
10/11/2012
94.3
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88.7
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10/12/2012
94.1
91.9
88.6
94.0
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10/13/2012
93.9
91.8
88.4
94.0
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10/14/2012
937
91.7
88.3
94.0
NA
10/15/2012
93.8
91.6
88.2
94.0
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10/16/2012
93.8
91.5
88.1
94.0
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10/17/2012
93.7
91.4
87.9
94.0
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10/18/2012
93.4
91.3
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10/19/2012
93.2
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10/20/2012
93.0
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10/21/2012
928
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10/22/9012
92.6
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10/23/2012
924
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10/24/2012
92.2
90.7
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10/25/2012
9L9
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94.0
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10/26/2o12
91.7
905
868
94.0
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10/27/2012
91.5
904
86.6
94.0
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10/28/2012
9L3
903
865
94.0
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10/29/2012
912
90.2
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10/30/2012
911
90.1
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94.0
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10131/2012
91.0
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11/01/2012
90.9
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11/02/2012
90.8
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94.0
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11/03/2012
90.8
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11/0412012
90.9
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11/05/2012
91.0
90.0
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94.0
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11/06/2012
90.9
90.0
85.8
94.0
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11/07/2012
90.8
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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
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11/16/2012
905
90.0
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94.0
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11/17/2012
go.6
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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