20071169 Ver 1_Application_20070627

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Duke Energy Conveyance Permit Application Form
~~P~
Withers Cove Water Main
Charlotte-Mecklenburg Utilities
Charlotte, North Carolina
47° 1 1 6 9
Prepared for:
Duke Energy
Charlotte, North Carolina
June 2007
©Kimley-Horn and Associates, Inc. 2007
^ ~ ^ Kimley-Horn
~ and Associates, Inc.
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TABLE OF CONTENTS

A. Narrative
' B. Duke Ener Permit A lication
gY Pp
' C. Permit Application Part III
D. Reference Materials

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A. NARRATIVE
III

NARRATIVE
' Date: June 2007
Subject: Withers Cove Water Main
Charlotte, NC
Project Description
The purpose of the above referenced project is to construct a 16-inch water main which will connect two
' existing dead end water mains. This water main will be located in southwest Mecklenburg County along
Shopton Road West (SR 1116). The proposed water main will be bored underneath the Withers Cove
portion of Lake Wylie. The proposed Withers Cove crossing is designed to not disturb the Catawba River
Basin 50-foot riparian buffers during the construction period..The proposed water main will complete a
loop between an existing 16-inch water main south of the Shopton Road West Withers Cove Bridge and an
existing 16-inch water main north of the Shopton Road West Withers Cove Bridge. The City of Charlotte
retained Kimley-Horn and Associates, Inc. to design the proposed water main.
Site Description
' The project is generally located on private property and includes undeveloped land, agricultural land, and
residential land. The proposed water main parallels Shopton Road West (SR 1116) before and after the
Withers Cove crossing. Soil types and topography varies throughout the 0.52 mile project alignment.
Appropriate permanent and temporary utility easements will be acquired prior to construction.
Erosion and Sedimentation Control Practices
' Silt Fence -This measure will be installed to control the sediment-laden runoff from the disturbed areas.
The plans outline the location and extents of the fence (see Detai130.06, Sheet 6 of 6).
Temporary Rock Check Dam -The installation of check dams within small drainage channels and at
' locations with drainage areas typically less than 1 acre were used throughout the project to prevent land
erosion and sedimentation within downstream bodies of water (see Detail Sheet 6 of 6). This measure was
also used at various locations in addition to silt fence.
' Temporary Gravel Construction Entrance/Exit -Temporary gravel construction entrances will be installed
as appropriate along the proposed water line as described in the attached (see NCDENR Detai16.06). The
project plans detail the 12' X 50' (minimum) temporary gravel construction entrance/exits (see Detail Sheet
' 6 of 6.).

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B. DUKE ENERGY PERMIT APPLICATION

DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
FOR DUKE ENERGY USE ONLY
Duke File No.
Application Fee $ Security Deposit $ Check #
Designated Contractor Fee $ (if applicable) Check #
Date Final Protection/Avoidance Area Markings Field -Verified
Designated Contractor Selected (name or N/A)
Approved to Start Work By
(Print)
Date Completion Required / /
(Sign)
Date
Date Passed Closeout Inspection* / / Initials
Any Stop Work Orders or SMG Violations*? (check one)^Yes ^No (If Yes, explain in PART VI)
Date Deposit Refunded Initials Date Permit Database Updated Initials
* Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant
with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work
Orders with application.
FOR DESIGNATED CONTRACTOR USE ONLY
Duke File No.
Total Application Review and EA Preparation Fee $
Contractor Representative
(Print)
Reviews Complete(check and initial): ^ LUPS
^ CRD
Applicant Released to Contact Agencies: Initials
(Sign)
^ SMP _
^ LATS _
Date / /
^ SMG
_ Date Recv'd Initials
Date Recv'd Initials
Initials
Date / /
Duke Energy Page 1
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DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
--
PART I -APPLICANT INFORMATION (Please Print) Tax ID or Social Security Number - -
Name -Barry D. Shearin Telephone [phone]
Lake Address: N/A Mailing Address (If different)_5100 Brookshire Blvd.
-Charlotte. NC 28216
' Application Preparation Contractor Company _Kimley-Horn and Associates. Inc.
Contractor Contact Person Michael "Zak" McClellan
Telephone ( 704) 333-5131
Construction Company 1 Not Yet Identified
Construction Work To Be Done (check all that apply): ^ Public Bridge Construction D Utility Line Crossing
^ Water Intake ^ Sewer Outfall ^ Stormwater Outfall ^ Staging Area
^ Other (specify)
Construction Company 1 Contact Person (print) Not Yet Identified
Telephone (_)
Construction Company 2 Not Applicable
' Construction Work To Be Done: (check all that apply): ^ Public Bridge Construction ^ Utility Line Crossing
^ Water Intake ^ Sewer Outfall ^ Stormwater Outfall ^ Staging Area
^ Other (specify)
Construction Company 2 Contact Person (print) _N/A
Telephone O N/A
LAKE INFORMATION
Lake W.~ County _Mecklenbure City -Charlotte State NC Grid Section
' Tax Map No. _19953 W01 Subdivision N/A
Section or Phase No.
Size of Total Development_N/A Acres

PART II -DESCRIPTION OF PROJECT
Duke Energy Page 2
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DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
A. BASIC INFO
1. Type of facility(s): (check all that apply) ^ Open Boatslips ^ Boatramp ^ Settling Basin/Stormwater Outfalls
^D Utility Line Crossings ^ Wastewater Discharge ^ Water Withdrawal ^ Public Bridge Construction
^ Other (specify)
2. Number and Size (acres) of Individual Proposed Lakebed Lease Area(s) (list all areas in table):
_____________________Prnnncrd AccnriatPd Farilitiec______~_~____~~___~_
Proposed
Lakebed Lease Area (acres)
within FERC Boatslips/Boat
Ramp Intake/Outfall
Structure(s) Public Bridge Other (specify)
Waterline
Area No. Project Crossings
Bounda
1 0.25 0 0 0 1

3. Proposed Lakebed Lease Area(s) (TOTAL for the project) 0.25 Acre(s)
4. Supporting activities: (check all that apply) ^ Excavation ^ Shoreline Stabilization ^ Other (specify)
5. Type of proposed work: (check one) ^D New Construction ^ Expansion ^ Rebuild
6. Intended users: (check one) ^ General Public ^ Condominium/Subdivision Lot Owners
^ Long-term Campground Users ^ Transient Campground Users (<14 days)
^ YachtBoat Club Members ^D Other (specify) Charlotte-Mecklenburg Utility Department
7. Lake user category: (check one) ^Commercial/Res. ^Commercial/Non-Res.
® Other (specify) Municipality-Public Utilit~(Charlotte-Mecklenburg Utilities
8. Total area outside the project boundary served by the proposal (e.g. marina site for Comm/Non-res., entire development
for Comm/Res. facilities) N/A Acre (s)
Duke Energy Page 3
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DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
PART II (Continued)
9. What Entity Will Claim Title to the Tract(s) Adjoining the Proposed Lakebed Lease Area(s)?
Ownership of property will not be exchanged. CMU will obtain an easement for the proposed water main.
10. Are there any other water-based recreational facilities (e.g. public access areas, mazinas, etc.) within a'/~ mile radius of
the proposal? (check one) ^Yes ©No (If Yes, specify)
11. Total planned duration of the work (Include first equipment mobilization thru final mitigation measures complete):
START _Nov_ / 2007 FINISH Jan._ / _2008
(Month) (Year) (Month) (Year)
12. Total planned duration of in-lake work (i.e. utility line construction and any other in-lake ground disturbance):
START Nov._ / 2007 FINISH Nov.. / 2007_
(Month) (Year) (Month) (Year)
13. List all work needed to support the proposal (e.g. excavation for pipe lines, stormwater outlets, shoreline
stabilization, etc.) _The proposed pipe line will be installed via excavation before reaching Lake Wylie,
where it will be installed via directional drill. The proposed pipe line will be installed at a minimum 6 feet
below the existing lake bed. The existing shore line will not be impacted during construction.
14. List all land-based facilities supporting the proposal (e.g. two-lane public highway, 18-hole private golf
course, restaurant, etc.) _N/A
' Duke Energy Page 4
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DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
C. APPLICANT SIGNATURE
Comments: The proposed Withers Cove water main crossing will be installed via a horizontal directional drill within the
FERC proiect boundary The proposed water main will not impact the existing lake surface lake bed or aquatic activity
thereon. No land disturbin ag ctivity will occur within 50 feet of the waters surface. Sediment runoff from the land
disturbin ag ctivity near the FERC boundary will be prevented from entering the lake by use of proper erosion control
devices.
' Applicant Name (print)
Applicant Signature* Date
*Per my signature, the information provided in this application is correct to the best of my knowledge.
' BEFORE YOU MAIL THE APPLICATION TO DUKE ENERGY LAKE SERVICES ENSURE YOU HAVE:
• CHECKED THE INFO THOROUGHLY
• MET ALL REQUIREMENTS FOR A COMPLETE APPLICATION (see cover letter of application package)
• INCLUDED A SINGLE CHECK TO DUKE ENERGY FOR THE APPLICATION FILING FEE AND SECURITY
DEPOSIT
• INCLUDED ALL AGENCY PERMITS OR COMMENT LETTERS AND RESOLVED ALL ISSUES RAISED
• INCLUDED ALL REQUIRED DRAWINGS, SURVEYS AND PLANS
• INCLUDED COPIES OF DEEDS AND AUTHORIZATION LETTERS
D

' Duke Energy Page 7 1/18/07
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DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM

1

PART III -INFORMATIONAL REQUIREMENTS FOR ALL APPLICANTS (NC & SC)
In addition to the completed application form PARTS I & II, the following items must be provided to Duke Energy Lake
Services for all applicants in North and South Carolina. Each item A-P should be included on a separate sheet of paper with
the question copied in its entirety at the top of the page with responses and supporting information included:
A. A statement describing the proposed use of project property, along with the amount of project property involved, the
name and address of the party or parties to whom the rights are to be conveyed (i.e. the organization or person owning,
leasing or that has substantial equity interest in the property adjacent to the project boundary), and the name and address
of the person Duke Energy should contact regarding the application.
B. A copy of the deed and registered survey plat or other instrument under which the applicant claims title to the affected
property (the shoreline adjoining the conveyance area).
C. A detailed written description and map showing the location and type of proposed facility(s). Also include a copy of a
survey prepared by a registered land surveyor of the entire shoreline area within the boundaries of the development. This
survey must clearly indicate the FERC project boundary (i.e. contour elevation), the points of intersection of side lot
lines with the project boundary, the designated lot number for each lot having project frontage, and the location, labels
and necessary descriptive information for all existing or planned facilities that now or will penetrate the FERC project
boundary including, but not limited to, shoreline stabilization for the amenities areas, boatslips, stormwater outfalls,
including any associated rip rap, utility line crossings, excavation areas, etc., but not including individual private piers
and shoreline stabilization associated therewith. The survey should also include the shoreline classifications according to
Duke Energy's Shoreline Management Plan (SMP), especially any areas classified as Environmental or Natural Areas.
The aquatic habitat including depths and bottom types and areas of emergent vegetation or woody debris. The condition
of the existing shoreline including areas of erosion, stabilization and vegetative cover. The survey should also indicate
that the applicant is the current owner or lease holder of the property adjoining the project boundary from which the
facility(s) will be located.
D. An accurate technical drawing (1"=100') of the proposed facility(s) including anchoring systems and a registered
survey(s) of the area(s1 to be leased or under a user's agreement, including all the information required under
Application Process -ITEM 5 of the Application Package cover letter (Attachment I).
E. A general vicinity map (1"=1000') with the location(s) of facilities shown and Duke Energy Directions by Road form
providing directions to the development or project area location. This map should be sufficiently labeled with road
names, landmarks, county lines, towns, etc., so that the proposed project site is easy to locate. The general vicinity map
should correspond to the larger scale map required in Item C.
F. A list of names and addresses of property owners adjoining the development or project area location.
G. A copy of all correspondence to and from any local, regional, state and federal agencies, including any required permits
or other approvals or comments which have been obtained from these agencies regarding this activity. Include a copy of
any local, regional, state or federal regulations or guidelines that will be followed. (Note: All permitting issues must be
resolved and clearly documented.)
' H. Twelve color copies each of photographs of the conveyance project area location(s), the shoreline along the area(s) and
the upland area adjoining the area(s). These photographs should show aquatic habitat, vegetative cover, land cover, and
shoreline buffer conditions present at the project site and within 100 feet landward of the shoreline. For projects with
multiple lease/user agreement areas, a map must be submitted that indicates the location orientation of each set of
photographs.
1

L Describe how the proposed construction will be designed to avoid or minimize conflict with the natural, historic, scenic
and public recreational values and resources of the project.
J. Describe what measures will be used to ensure boating safety in the vicinity of the proposal during and after
construction activity. (Include any required Navigational Safety Plans with a plan and schedule for installation,
maintenance and inspection of the warning/safety devices, with responsibilities listed and verified by confirmation
letters from the responsible entity(s).)
Duke Energy Page 8
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DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
K. Describe the magnitude and pattern of existing boat traffic in the area, including any existing recreational uses (public or
private) at and near the proposal, including areas of attraction such as marine gas facilities, restaurants, and mooring
areas. Describe the effect associated with the proposed facilities, on the existing boat traffic in the area.
L. Describe the procedures proposed to construct the facilities and stabilize the shoreline.
M. For projects that include water withdrawals, a complete description of the design and construction of the water pipeline
intake structure (including elevation data), intake screen size, intake velocities, proposed water withdrawal rates, and
maximum pumping capacities must be included along with a description of measures proposed to mitigate the potential
entrainment of fish or aquatic organisms. Note: This item is only included for projects that will have water withdrawal
facilities as part of the proposal.
N. Describe any shoreline disturbance that may occur as a result of the proposal (e.g. ramps, pipeline trenches, etc.)
especially land disturbances within 100 feet of the project boundary.
O. A statement concerning any proposed changes in hydro project operation as a result of construction and utilization of the
proposed facilities.
P. A check for the application filing fee and security deposit and the signed Conveyance User's Agreement letter.
THE FOLLOWING IS FOR WATER WITHDRAWAL FACILITES ONLY
Q. For all applicants for new water withdrawal facilities in excess of 1 million gallons per day (MGD),
maximum instantaneous rate of withdrawal, or all applicants for expansion of existing water withdrawal
facilities in excess of 1 MGD, maximum instantaneous rate of withdrawal, provide the following:
(1) The proposed estimated average annual facility withdrawal schedule in MGD for the next thirty years.
(2) Estimates (in percent of total withdrawals) for consumptive use and inter-basin transfers for the next thirty years.
Separate out the percentage estimate for consumptive use from the percentage estimate for interbasin transfers.
(3) Detailed information on water conservation plans. If these plans are required to be filed with Local, State, or
Federal Government entities, provide the plan that is currently filed. Provide details on the required Local, State, or
Federal Government reporting requirements, if any.
(4) Detailed information on drought trip points at which the water conservation plans would be implemented. Provide
the estimated reduction in water withdrawals (in MGD) that would result from implementation of the referenced
water conservation plan.
(5) For the water proposed to be withdrawn, a detailed estimate of the amounts and location of the discharge points
back into the river system.
(6) For the normal use intake, provide the withdrawal capacity (in MGD) of the pump(s) serving the normal use intake
with all applicable intake pumps operating at their maximum capacity. Also, provide the first critical lake level
elevation at which the maximum instantaneous withdrawal capacity of the normal use intake pumps becomes
limited. Provide the second critical lake level elevation at which the normal use intake pump(s) can no longer
withdraw water from the lake and must be shutdown.
(7) For the low level or emergency use intake, provide the withdrawal capacity (in MGD) of the pump(s) serving the
low level or emergency use intake with all applicable intake pumps operating at their maximum capacity. Also,
provide the first critical lake level elevation at which the maximum instantaneous withdrawal capacity of the low
level or emergency use intake pumps becomes limited. Provide the second critical lake level elevation at which the
low level or emergency use intake pump(s) can no longer withdraw water from the lake and must be shutdown.
R. (For water intakes with ultimate capacity > 1 MGD only) Attach a report, prepared and stamped by a licensed
professional engineer, to this Conveyance application that contains the following information, as a minimum:
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DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM

(1) A detailed estimation of current and future raw water demands and pumping requirements, including:
a) Graphs and supporting documentation showing annual average and annual peak raw water demand projections
' in MGD for each year in at least a 20-year forecast (40 years preferred) that will be served by the proposed
raw water intake facility. (Note: If the proposal is for expansion of an existing facility, also specify the same
information for the existing raw water intake facility).
' b) Graphs and supporting documentation showing the annual average and maximum instantaneous peak ca aci
(in MGD) of the proposed raw water intake facility to meet the demand forecast of Item (1) a) above. (Note: If
the proposal is for expansion of an existing facility, also specify the same information for the existing raw
water intake facility).
c) Graphs and supporting documentation characterizing how the average monthly capacity and peak monthly
capacity (in MGD) of the proposed raw water intake facility are expected to vary in a given calendar year for
the forecasted period. (Note: If the proposal is for expansion of an existing facility, also specify the same
information for the existing raw water intake facility).
t (2) A description of the applicant's ongoing programs to support the efficient use of the water withdrawn and any
information quantifying the effectiveness of those programs.
(3) A summary describing the applicant's construction plan and schedule throughout the forecasted period to modify
equipment to achieve the capacity as noted in Item (1) b), and including identification of the ultimate capacity.
(4) A description of the applicant's drought management program, including voluntary and mandatory water
conservation measures and any information quantifying the effectiveness of the program.
(5) A summary (including at least a brief description and cost comparison) of the assessment of available alternatives
that the applicant considered to meet the raw water demands forecasted in Item (1) a) above, before deciding upon
the chosen alternative.
(6) A flowchart and supporting documentation showing how the raw water will be used once it is withdrawn from the
Duke reservoir, including percentages of the intake volume that will be:

a) Lost due to consumptive uses
b) Lost from the subject river system due to inter-basin transfers at specified wastewater discharge stations (*).
c) Returned to the subject river system via specified wastewater discharge stations (*).
' (* Note: Include a USGS quad sheet or other suitable map showing stream and reservoir names; county/city names and
boundaries; major roadway names; locations, names and NPDES permit identification numbers of the subject wastewater
discharge stations; and boundaries drawn to show the geographic area that will be served with water that comes from the
subject raw water intake facilities.
i

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(7) (For the portions of the withdrawn water that will ultimately return to a Duke reservoir only) A summary of the
wastewater stream chemical limits as specified in the NPDES permit for the subject wastewater treatment station(s)
and a quantification of any discharge stream chemical improvements achieved by treatment processes that exceed
the minimal wastewater treatment standards.
THE FOLLOWING IS FOR WASTEWATER EFFLUENT DICHARGE FACILITES ONLY
S. (For wastewater effluent discharges only) Attach a report, prepared and stamped by a licensed professional engineer, to
this Conveyance application that contains the following information, as a minimum:
(1) A detailed estimation of current and future discharge demands and flowrates, including:
a) Graphs and supporting documentation showing annual average and annual peak wastewater dischaz,ge demand
proiections (in MGD) for each year in at least a 20-yeaz forecast (40 years preferred) that will be served by the
Duke Energy Page 10
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DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
' proposed wastewater discharge facility. (Note: If the proposal is for expansion of an existing facility, also
specify the same information for the existing wastewater discharge facility).
' b) Graphs and supporting documentation showing annual average capacity and maximum instantaneous peak
capacit~(in MGDI of the proposed wastewater discharge facility to meet the demand forecast of Item a) 1)
above. (Note: If the proposal is for expansion of an existing facility, also specify the same information for the
existing wastewater discharge facility).
c) Graphs and supporting documentation characterizing how the average monthly capacity and peak monthly
' capacity (in MGD) of the proposed wastewater discharge facility are expected to vary in a given calendar year
for the forecasted period. (Note: If the proposal is for expansion of an existing facility, also specify the same
information for the existing wastewater discharge facility)
' (2) A summary of the wastewater stream chemical limits as specified in the NPDES permit for the subject wastewater
treatment station and a quantification of any discharge stream chemical improvements achieved by treatment
processes that exceed the minimal wastewater treatment standards.
' (3) A detailed description of the expected chemical composition of the effluent stream, including any expected
significant short-term variations on a monthly basis or long-term variations over the forecasted period.
(4) A summary (including at least a brief description and cost comparison) of the assessment of available alternatives
' that the applicant considered to meet the wastewater discharge needs, before deciding upon the chosen alternative.
(5) A summary describing the applicant's construction plan and schedule throughout the forecasted period to modify
equipment to achieve the capacity as noted in Item (1) b), and including identification of the ultimate capacity.
' (6) Include a USGS quad sheet or other suitable map showing stream and lake names; county/city names and
boundaries; major roadway names; and boundaries drawn to show the geographic area that will be served by the
subject wastewater discharge facilities.
' PART IV -AGENCY REVIEWS/APPROVALS REQUIRED
' A. NORTH CAROLINA APPLICANTS ONLY
1. The following two agencies require at least 30 days prior notification for all commercial facility applications in North
Carolina lakes. Notify them by forwarding a completed copy of this application, including the information required
' under PART III A-N to:
US ARMY CORPS OF ENGINEERS NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
Regulatory Field Office Division of Inland Fisheries
' 151 Patton Avenue ] 701 Mail Service Center
Room 208 Raleigh, NC 27699-1701
Asheville, North Carolina 28801-5006 ATTN: Habitat Conservation Section
[phone] [phone]
What to Expect:
a) If the proposal can be done under the requirements of the General Permit (GP) or a Nationwide Permit
(NWP), you will typically receive a letter from the Corps' documenting authorization and providing any
additional instructions. If the proposal isn't covered under the GP or a NWP, you'll be required to obtain an
individua1404 permit from the Corps.
' b) You will typically receive a letter from the NCWRC documenting their concurrence with your application,
requiring additional information or recommending modifications. You must address each comment in your
final application.
1 Duke Energy Page 11 1/18/07
Conveyance Program
' Gpal\LakeMgmt\Package Information\Conveyance\Conveyance Application.doc

DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
c) You must receive written documentation from the Corps that your application either meets the requirements of
the GP or a NWP or that the proper 404 permit has been received before Duke Energy can process your
application.
d) If you do not receive any documentation from the NCWRC within 30 days of their receipt of your application,
you must provide the commission with afollow-up letter requesting the agency comment on your proposal
within 15 days from the date of the letter. If you do not receive any response as a result of the second letter,
you must type, "NO RESPONSE" at the top of the follow-up letter and provide to Duke Energy. You may
proceed with the application process, recognizing however that if their comments come in later in the
application process, you will also be required to address them
In addition to the two agencies of PART IV.A.1, the applicant must also provide at least 30 days prior notification to the
NC Department of Environment and Natural Resources- Division of Water Quality by forwarding a copy of the
completed Commercial Facilities Permit Application Form (including the information required under PART III A-P) to:
NC DEPT. OF ENVIRONMENT
& NATURAL RESOURCES
Division of Water Quality
c/o Cyndi Karoly
Parkview Building
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
[phone]
What to Expect:
a) You will typically receive a letter providing Water Quality Section concurrence, which may require additional
information or recommend modifications. You must address each comment in your final application to Duke
Energy.
b) You will typically receive written documentation from the NCDENR that 401 Water Quality certification is
either not required or the requirements are met.

ii

1
If you do not receive any documentation from the NCDENR within 30 days of their receipt of your
application, you must notify the Division of Water Quality with afollow-up letter requesting the agency
comment on your proposal within 15 days from the date of the letter. If you do not receive any response as a
result of the second letter, you must type, "NO RESPONSE" at the top of the follow-up letter and provide to
Duke Energy. You may proceed with the application process, recognizing however that if their comments
come in later in the application process, you will also be required to address them.
3. In addition to the above requirements, a copy of the completed Conveyance Permit Application Form (including the
information required under PART III A-P) must be submitted to both the Planning/Zoning Office and the Health
Department in the applicable county.
What to Expect:
a) You will typically receive a letter from the county documenting their concurrence with your application,
requiring additional information or recommending modifications. You must address each comment in your
final application.
b) If you do not receive any documentation from the applicable county offices within 30 days of their receipt of
your application, you must provide the county offices with afollow-up letter requesting the agency comment
on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of the
second letter, you must type, "NO RESPONSE" at the top of the follow-up letter and provide to Duke
Energy. You may proceed with the application process, recognizing however that if their comments come in
later in the application process, you will also be required to address them.
PART IV. A (Continued?
In addition to the above requirements, the applicant must provide at least 30 days prior written notification to the
following agencies by forwarding the completed Conveyance Permit Application Form, including the information
required under PART III A-P:
Duke Energy
Page I2
I/18/07
Conveyance Program
' Gpal\LakeMgmt\Package Information\Conveyance\Conveyance Application.doc

DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
'
NCSHPO USFWS
NC Dept. Of Cultural Resources US Fish & Wildlife Service
Division of Archives & History c/o Mark Cantrell
c/o Ms. Renee Gledhill-Earley 160 Zillicoa Street
4617 Mail Service Center Asheville, NC 28801
Raleigh, NC 27699-4617 [phone], Ext. 227
[phone]
NCDENR NCDENR
Division of Parks and Recreation Division of Environmental Health
' 1615 Mail Service Center Public Water Supply Section
Raleigh, NC 27699-1615 c/o Britt Setzer
[phone] 610 East Center Avenue, Suite 301
' Mooresville, NC 28115
What to Expect:
a) You will typically receive a letter from each agency documenting the agency's concurrence with your
' application, requiring additional information or recommending modifications. You must address each agency
comment in your final application.
b) If you do not receive any documentation from an agency within 30 days of their receipt of your application,
you must provide that agency with afollow-up letter requesting the agency comment on your proposal within
' 15 days from the date of the letter. If you do not receive any response as a result of the second letter, you must
type, "NO RESPONSE" at the top of the follow-up letter and provide to Duke Energy. You may proceed with
the application process, recognizing however that if their comments come in later in the application process,
' you will also be required to address them.
5. In addition to the above requirements, the applicant must provide at least 30 days prior written notification to the
appropriate marine commission by forwarding the completed Conveyance Permit Application Form, including the
' information required under PART III A-P:
Lake Wylie: Lake Norman: Mtn. Island Lake:
Lake Wylie Marine Commission Lake Norman Marine Commission Mtn. Island Marine Commission
c/o Mr. Mike McLaurin c/o Mr. Ron Smith c/o Mr. Mike McLaurin
P.O. Box 35008 P.O. Box 2454 P.O. Box 35008
Charlotte, NC 28235-5008 Cornelius, NC 28031 Charlotte, NC 28235-5008
704-348-2705 704-933-5990 704-348-2705
Note: Marine commissions normally review applications during their monthly public meetings. Each commission has
regularly scheduled meetings held on specific days (e.g. third Monday of each month) and at varying locations.
Applicants must contact the commission's representatives aminimum of one month in advance of the following month's
meeting to be included on the agenda.
What to Expect:
a) You will typically receive a letter and/or a copy of the meeting minutes documenting the commission's
concurrence with your application, requiring additional information or recommending modifications. You
must address each commission comment in your final application.

Duke Energy Page 13 1/18/07
Conveyance Program
Gpal\I,akeMgmt\Package Information\Conveyance\Conveyance Application.doc

C

u

DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
PART IV. B
B. SOUTH CAROLINA APPLICANTS ONLY
1. The following agencies must be provided with a copy of the completed Conveyance Permit Application Form, including
the information required under PART III A-P:
US ARMY CORPS OF ENGINEERS
c/o Ms. Tina Hadden
69A Hagood Avenue
Charleston, SC 29403-5107
843-326-8044
1-866-329-8187
US Fish and Wildlife Service
c/o Ms.Amanda Hill
176 Croghan Spur Road, Suite 200
Charleston, SC 29407
[phone] ext 12

u

SC SHPO
Department of Archives and History
c/o Ms. Rebekah Dobrasko
8301 Park Lane Road
Columbia, SC 29223-4905
[phone]
SOUTH CAROLINA DEPT. OF HEALTH &
ENVIRONMENTAL CONTROL
c/o Ms. Gina Kirkland
2600 Bull Street
Columbia, SC 29201
803-898-4250
What to Expect:
SC Dept. of Natural Resouces
c/o Mr. Ron Ahle
Rembert C. Dennis Building
2600 Bull Street
PO Box 167
Columbia, SC 29202
SC PR&T
Edgar A. Brown Building
1205 Pendleton Street
Suite 110
Columbia, SC 29201
[phone]
a) You will typically receive a letter and a permit from each agency documenting the agency's concurrence with
your application, requiring additional information or recommending modifications. You must address each
agency comment in your final application.
b) If you do not receive any documentation from an agency within 30 days of their receipt of your application,
you must provide that agency with afollow-up letter requesting the agency comment on your proposal within
15 days from the date of the letter. You will not be allowed to continue the application process without
concurrence from the US Army COE and the SCDHEC.
2. In addition to the above requirements, a copy of the completed Conveyance Permit Application Form (including the
information required under PART III A-P) must be submitted to both the Planning/Zoning Office and the Health
Department in the applicable county.
' What to Expect:
b) You will typically receive a letter from the county documenting their concurrence with your application,
requiring additional information or recommending modifications. You must address each comment in your
final application.
' c) If you do not receive any documentation from the applicable county offices within 30 days of their receipt of
your application, you must provide the county offices with afollow-up letter requesting the agency comment
on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of the
second letter, you must type, "NO RESPONSE" at the top of the follow-up letter and provide to Duke Energy.
' You may proceed with the application process, recognizing however that if their comments come in later in the
application process, you will also be required to address them.
Duke Energy Page 14 1/18/07
Conveyance Program
GpalU.akeMgmt\Package Information\Conveyance\Conveyance Application.doc

' DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM

3. In addition to the above requirements, applicants on Lake Wylie must provide at least 30 days prior written notification
to the Lake Wylie Marine Commission by forwarding the completed Conveyance Permit Application Form, including
' the information required under PART III A-P:
Lake W
Lake Wylie Marine Commission
' c/o Mr. Mike McLaurin
P.O. Box 35008
Charlotte, NC 28235-5008
704-348-2705
Note: Marine commissions normally review applications during their monthly public meetings. Each commission has
regularly scheduled meetings held on specific days (e.g. third Monday of each month) and at varying locations.
'
'
' s representatives aminimum of one month in advance of the following month
s
Applicants must contact the commission
meeting to be included on the agenda.
What to Expect:
c) You will typically receive a letter and/or a copy of the meeting minutes documenting the commission's
concurrence with your application, requiring additional information or recommending modifications. You
must address each commission comment in your final application.

11

1

' Duke Energy Page 15 1/18/07
Conveyance Program
Gpal\LakeMgmt\Package Information\Conveyance\Conveyance Application.doc

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' DUKE ENERGY CONVEYANCE PERMIT APPLICATION FORM
PART VI -ADDITIONAL INFORMATION
(Reference previous parts as applicable. If more pages are needed, add a suffix to last page (e.g. 11 a, 11 b, II c, etc.)
1

1

Duke Energy
Page 19
Rev: 0
Conveyance Program
' Gpal\I,akeMgmt\I,MPPM\Conveyance\ConAppFm.doc

C. PERMIT APPLICATION PART III

1

Duke Energy Conveyance Permit Application: Part III
A. A statement describing the proposed use of project property, along with the amount of project property
involved, the name and address of the party or parties to whom the rights are to be conveyed (i.e. the
organization or person owning, leasing or that has substantial equity interest in the property adjacent to
the project boundary), and the name and address of the person Duke Energy should contact regarding
the application.
The proposed project property will be used for the installation of a 16-inch water main
underneath Withers Cove. The proposed water main will be horizontally directionally
drilled underneath the cove, not impacting the waters surface or activity thereon. The
proposed water main is being installed to connect two existing water mains near Withers
Cove. The proposed water main will complete the water main loop and help with water
quality and future water demands.
The proposed project property will be owned by the Charlotte-Mecklenburg Utility
Department (CMUD). The contact person regarding this Water Main crossing is Barry
D. Shearin.
Barry Shearin
Charlotte-Mecklenburg Utility Department
5100 Brookshire Blvd.
Charlotte, NC 28216

1

1

ii

Duke Energy Conveyance Permit Application: Part III
B. A copy of the deed and registered survey plat or other instrument under which the applicant claims title
to the affected property (the shoreline adjoining the conveyance area).
The adjoining property is not currently owned by CMUD. The current adjoining
property owners are:
Siemens Real Estate, Inc.
Deed Ref # 9880-604
Tax No. 199-53-101
5101 Westinghouse Blvd.
Sanctuary at Lake Wylie, LLC.
Deed Ref # 16493-360
Tax No. 199-15-104
Shopton Road West
CMUD is in the process of obtaining the appropriate easements adjoining the
conveyance area. The permanent utility easement will be 1 S foot wide centered on the
proposed water main.

1

r

Duke Energy Conv~ance Permit Application: Part III
C. A detailed written description and map showing the location and type of proposed facility(s). Also include a copy
' of a survey prepared by a registered land surveyor of the entire shoreline area within the boundaries of the
development. This survey must clearly indicate the FERC project boundary (i.e. contour elevation), the points of
intersection of side lot lines with the project boundary, the designated lot number for each lot having project
frontage, and the location, labels and necessary descriptive information for all existing or planned facilities that
now or will penetrate the FERC project boundary including, but not limited to, shoreline stabilization for the
amenities areas, boatslips, stormwater outfalls, including any associated rip rap, utility line crossings, excavation
areas, etc., but not including individual private piers and shoreline stabilization associated therewith. The survey
should also include the shoreline classifications according to Duke Energy's Shoreline Management Plan (SMP),
especially any areas classified as Environmental or Natural Areas. The aquatic habitat including depths and
bottom types and areas of emergent vegetation or woody debris. The condition of the existing shoreline including
areas of erosion, stabilization and vegetative cover. The survey should also indicate that the applicant is the
current owner or lease holder of the property adjoining the project boundary from which the facility(s) will be
located.
The proposed facility includes a 16-inch water main which will be directionally drilled
underneath Withers Cove. The proposed directional drill will begin south of Withers
Cove just outside the Catawba River 50 foot Riparian Buffer and will end north of
Withers Cove just outside the Catawba River 50 foot Riparian Buffer. The total length of
the proposed directional drill will be 771 feet.
The proposed directional drill will not impact the existing waters surface, shoreline, or
lake bed. The directional drill will be completed using a horizontal directional drill
machine, drill pipe, reamer, and pull rod.
Borings at the proposed drill site provided some knowledge of existing lake bed
conditions. The borings performed as part of this study indicate relatively uniform
subsurface conditions at the proposed water main crossing site with surface water levels
ranging from 3.9 to 17.3 feet. The following soils were encountered during the borings:
Alluvium -Encountered in all borings at depths ranging from 0.5 to 13 feet below the
mud line. This soil generally consists of sandy silt with some zones of silty clay.
Residuum -Encountered in 80% of borings at depths ranging from 10.8 to 14.5 feet
below the mud line. This soil generally consists of silty sands and clayey sands.
Weathered Rock -Encountered in 80% of borings at depths ranging from 3.6 to 14. S
feet below the mud line. When encountered this soil generally breaks down into silty fine
to coarse sands.
Auger Refusal Material -Encountered in all borings at depths ranging from 11.7 to
24.2 feet below the mud line. Auger refusal is believed to primarily consist of the top of
the parent bedrock. The bedrock in this area consists predominately of fresh to
moderately weathered, gray, brown and white diorite and meta-diorite.
' The proposed horizontal directional drill will be located in the alluvium, residuum and
weathered rock layers, at a minimum 6 feet below the mud line, and not impacting the
lake bed surface or existing parent bedrock.

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' Duke Energy Conveyance Permit Application: Part III
D. An accurate technical drawing (1"=100') of the proposed facility(s) including anchoring systems and a
' registered survey(s) of the area(s) to be leased or under a user's a~eement, including all the
information required under Application Process -ITEM 5 of the Application Package cover letter
(Attachment 1).
The attached drawings accurately show the proposed 16-inch water main along Shopton
Road West. These full size drawings are at ~0 scale (1 "=40 ).

1

r~

Duke Ener~y Conveyance Permit Application: Part III
E. A general vicinity map (1"=1000') with the location(s) of facilities shown and Duke Energy
Directions by Road form providing directions to the development or project area location. This map
should be sufficiently labeled with road names, landmarks, county lines, towns, etc., so that the
proposed project site is easy to locate. The general vicinity map should correspond to the larger scale
map required in Item C.
The attached figure shows the general vicinity of the p~ oposed 16-inch water main
horizontal directional drill underneath Withers Cove. The proposed water main will be
' located near the Shopton Road West Bridge at Withers Cove.
To get to the site take Exit 4 off of I-485. Travel south along Steele Creek Road and turn
' right onto Shopton Road West. The site is located just east of the Shopton Road West
Bridge approximately 2.2 miles from Steele Creek Road.
From I-77 take exit 1 (Westinghouse Boulevard). Travel west on Westinghouse
Boulevard until the road ends at Shopton Road West. Turn left on Shopton Road West
and the site will be on your right as you cross Withers Cove.

1

u

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Title: Vicint Ma
2005 Annexation SCALE:
~~~ Project Stccle Creek Notch 1 1000
1 Prepared For. 11 = 1
CMUD
w K~rley-Ham CMUD Date: Pro ectNumber: Fi ure:
v acd Mssaia`es Irr; J g
June 2007 707-00-125 1
a

Duke Energy Conveyance Permit Application: Part III
F. A list of names and addresses of property owners adjoining the development or project area location.
The current adjoining property owners are:
Siemens Real Estate, Inc.
Deed Ref # 9880-604
Tax No. 199-53-101
5101 Westinghouse Blvd.
Sanctuary at Lake Wylie, LLC.
Deed Ref # 16493-360
Tax No. 199-15-104
Shopton Road West
CMUD is in the process of obtaining the appropriate easements adjoining the
conveyance area. The permanent utility easement will be I S foot wide centered on the
proposed water main.

' Duke Energy Conveyance Permit Application: Part III
G. A copy of all correspondence to and from any local, regional, state and federal agencies, including any
required permits or other approvals or comments which have been obtained from these agencies
regarding this activity. Include a copy of any local, regional, state or federal regulations or guidelines
that will be followed. (Note: All permitting issues must be resolved and clearly documented.)
' Telephone correspondences have been made with the Army Corps of Engineers
(USAGE), Asheville regulatory office and NC DENR Public Water Supply. Memo's
' regarding these correspondences are attached.
Also attached is the transmittal regarding the submittal of the Section 10 NW 12 permit
' form to the USAGE. This permit was submitted on June 15, 2007.
NC DENER erosion and sediment control design guidelines and specifications have also
been followed on this project. Attached is a copy of the required permit application. No
' permit was submitted for this work due to the fact that our Land disturbing activity will
not impact one or more acres. Total land disturbing activities for this project are
expected to be no more than 0.93 acres (< 1 acre).

C~~

C~

C
~~ ~ ICmley-Hom
~ and Assoaates, Inc.
Memo of Telephone Conversation
US Army Corps of Engineers (Asheville Regulatory
WITH: Office)
DA'Z'E: Varies
Steve Chapin and Tom Walker TIME: Varies
Jos PREPARED
NUMBER: 015474010 BY: Brannon Richards
Jos NAME: Withers Cove
REFERENCE TO: Flle
RECEIVED CALL PLACED CALL
TELEPHONE
NUMBER: 828-271-7980
NOTES:
Steve Chapin -January 3, 2007
• Any cove crossing restictions would come from Duke Energy
• Provided Lake Wylie, Lake Management Contact -Kermit Taylor
• An Army Corps Permit will be needed for the actually crossing
Steve Chapin -January 8, 2007
• Section 10 NW 12 permit is the only permit that would apply
• DWQ Section 401 permit contact -Alan Johnson Mooresville
Tom Walker -May 30, 2007
• Section 10 NW 12 permit is required
• Section 404 permit not required if not disturbing lake surface of lake bed
• Nationwide 12 permits are being approved with turnaround times of approximately
30-45 days
Steve Chapin -June 20, 2007
• Received Withers Cove permit application
• Stated that this permit would either be approved or returned because no permit is
required for this activity
• Wanted clarification on the use of check dams in runoff ditches
RouTE
To: N/A
1

~~ ~ fGmley-Hom
~ and Associates, Inc.
Memo of Telephone Conversation
WITa: NC DENR Division of Water Quality DATE: January S, 2007
Alan Johnson TIME: Afternoon
Jos PREPARED
NUMBER: 015474010 BY: Brannon Richards
Jos NAME: Withers Cove
REFERENCE TO: Flle
RECEIVED CALL
TELEPHONE
NUMBER: 704-663-1699
ROUTE
PLACED CALL To: N/A
NOTES:
Alan -January 8, 2007
• If section 401 permit is required then the permit application goes to Raleigh
• If no USACE Section 404 permit is required then a DWQ section 401 permit is not
required
• Proposed work will need to meet general certificates that apply to the nationwide 12
aermit __

^~^ iGmley-Hom
~ and Associates, Inc.
Memo of Telephone Conversation
WITa: City of Charlotte Storm water
David Caldwell
JOB
NUMBER: 015474010
Jos NAME: Withers Cove
REFERENCE TO: Flle
RECEIVED CALL PLACED CALL
TELEPHONE
NUMBER: 704-336-5452
ROUTE
To: NIA
NOTES:
David -June 4, 2007
• No permit is required for storm water management
• Storm water management would like to be notified before the work begins because
they routinely pull samples from this portion of Lake Wylie
• A courtesy set of drawings will be sent to David Caldwell
DA'L'E: June 4, 2007
TIME: Afternoon
PREPARED
BY: Brannon Richards

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' FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
' No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
' Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the a-mail and/or fax information unavailable, place N/A in the blank.)
Part A.
1. Project Name
2. Location of land-disturbing activity: County City or Township
Highway/Street Latitude Longitude
3. Approximate date land-disturbing activity will commence:
4. Purpose of development (residential, commercial, industrial, institutional, etc.):
' 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas):
6. Amount of fee enclosed: $ The application fee of $50.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $450).
7. Has an erosion and sediment control plan been filed? Yes No Enclosed
' 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
Name E-mail Address
' Telephone Cell # Fax #
' 9. Landowner(s) of Record (attach accompanied page to list additional owners):
Name Telephone Fax Number
Current Mailing Address Current Street Address
City State Zip City State Zip
' 10. Deed Book No. Page No. Provide a copy of the most current deed.
Part B.
' 1. Person(s) or firm(s) who are financially responsible for the land-disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
Name E-mail Address
Current Mailing Address Current Street Address
' City State Zip City State Zip
Telephone Fax Number

1
1
2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name
Current Mailing Address
City State Zip
Telephone
E-mail Address
Current Street Address
City State Zip
Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent
E-mail Address
Current Mailing Address
City State Zip
Telephone
Current Street Address
City
Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
Type or print name
Signature
Title or Authority
Date
1, , a Notary Public of the County of
State of North Carolina, hereby certify that appeared
personally before me this day and being duly sworn acknowledged that the above form was
executed by him.
Witness my hand and notarial seal, this day of , 20
Seal
Notary
My commission expires,
State Zip

n
Duke Ener~y Conveyance Permit Application: Part III
H. Twelve color copies each of photographs of the conveyance project area location(s), the
shoreline along the area(s) and the upland area adjoining the area(s). These photographs
should show aquatic habitat, vegetative cover, land cover, and shoreline buffer conditions
present at the project site and within 100 feet landward of the shoreline. For projects with
multiple lease/user agreement areas, a map must be submitted that indicates the
location/orientation of each set of photographs.
Twelve copies of Withers Cove project photographs are attached.

L

~i

G ~„ Kimley-Horn KHA Job No.: 015474010
~ and Associates, Inc. Withers Cove WM KHA Rep.: B. Richards
4651 Charlotte Park Drive, STE 300 Photo ra h Sheet Date: June 21, 2007
Charlotte, NC 28217 9 p Page: 1 Of 13
Remarks: Shoreline near proposed crossing.
Location: South side of Withers Cove (Lake Wylie)
Photo No. 2 - - - _ - -
~.~. ~ 5
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i'.a _ _ .~ afa
s ~
E51r' ,K rF'
~~- "'i6ay jp~y lam' 'IRu+,eA~ - ~e. .- s ?k-.°
Remarks: Broken concrete ramp near shoreline.
Picture Facing West toward Shopton Road West.
Location: South side of Withers Cove (Lake Wylie)
Elevation:

~„ Kimley-Horn KHA Job No.: 015474010
~ and Associates, inc. WltherS COVe WM KHA Rep.: B. Richards
4651 Charlotte Park Drive, STE 300 photograph Sheet Date: June 21, 2007
Charlotte, NC 28217 Page: 2 Of 13
wx
~?
Buffer area near proposed crossing (approximately 50' from waters edge
Picture facing West toward Shopton Road West.
South side of Withers Cove (Lake Wylie)

~ Kimley-Horn
C ~ and Associates, Inc.
4651 Charlotte Park Drive, STE 300
Charlotte, NC 28217
KHA Job No.: 015474010
Withers Cove WM KHA Rep.: B. Richards
Date: June 21, 2007
Photograph Sheet page: 3
of 13
No. 5
Buffer area near proposed crossing (approximately 60' from waters edge
Picture facing southwest.
South side of Withers Cove (Lake Wylie)
No. 6
~`
9„F
. _ ... '
,~
Remarks: Wood pile near waters edge.
Picture facing north.
Location: South side of Withers Cove (Lake Wylie)

G ~„ Kimley-Horn KHA Job No.: 015474010
~ and Associates, inc. Withers Cove WM KHA Re B. Richards
p.:
4651 Charlotte Park Drive, STE 300 photograph Sheet Pa te: June 21, 2007
Charlotte, NC 28217 ge: 4 Of 13
Photo No. 7
Looking across Withers Cove water surface.
Picture facing northeast.
South side of Withers Cove (Lake Wylie)
LElevation:
Photo No.

. • ~--
_ .,. ~-
t
:. ~ _ _
..
- . =':..~
.. v--.
~•, _
a ~. ,.
:. ,,
- . .r..,_,_,~, _ ,
Broken concrete ramp at waters edge, near proposed crossing.
Picture facing northwest.
South side of Withers Cove (Lake Wylie)
~...~ .. ,

G ~„ Kimley-Horn
~ and Associates, Inc.
4651 Charlotte Park Drive, STE 300
Charlotte, NC 28217
KHA Job No.: 015474010
Withers Cove WM KHA Rep.: B. Richards
PhOtO ra h Sheet Date: June 21, 2007
9 P Page: 5
of 13
Remarks: Potential Bore pit location near proposed bore (approximately 50' from waters edge)
Picture facing west toward Shopton Road West.
Location: South side of Withers Cove (Lake Wylie)
Elevation:
Photo No. 10
yyT R _ 'S ~ .I
r .
V
~~ ~._ ~ ~ .
r'.~-
I}+~+k> ~. ~r K .. i.
~s,`~~ ~
tip. Hy~~'er ~_r "~ ri ~0 ~* ~ "~'',~n ~ {~.~
~~
4 r`~~
t. ~T
,'tt P,
,~ s~ rj 'b
r-8r ~'e t ,~s_ s
+Y '~r.,~, W ! .
.c ~, a~~~
R ~ ~' - ~'
Remarks: Waters surface from area near Shopton Road West.
Location: South side of Withers Cove (Lake Wylie)
Elevation:

C ~„ Kimley-Horn
~ and Associates, Inc.
4651 Charlotte Park Drive, STE 300
Charlotte, NC 28217
KHA Job No.: 015474010
Withers Cove WM KHA Rep.: B. Richards
Photograph Sheet Date: June 21, 2007
Page: 6
13
No. 11
~~
<~~

,:...
,. ak ~.
:L- i
_ 1{ .._ - .

Remarks: Withers Cove from Shopton Road West.
Picture facing east.
Location: South side of Withers Cove (Lake Wylie)
No. 12
Remarks: Withers Cove from Shopton Road West.
Picture facing east.
Location: South side of Withers Cove (Lake Wylie)

G ~„ Kimley-Horn
~ and Associates, Inc.
4651 Charlotte Park Drive, STE 300
Charlotte, NC 28217
KHA Job No.: 015474010
Withers Cove WM KHA Rep.: B. Richards
Date: June 21, 2007
Photograph Sheet page: 7 Of
13
No. 13
"''
Remarks: Withers Cove from Shopton Road West.
Picture facing east.
Location: South side of Withers Cove (Lake Wylie)
Elevation:

`~„ Kimley-Horn KHA Job No.: 015474010
~ and Associates, Inc. Wlthel'S COVe WM KHA Rep.: B. Richards
4651 Charlotte Park Drive, STE 300 photograph Sheet Date: June 21, 2007
Charlotte, NC 28217 Page: 8
Of 13
No. 15
<- ~,
`r.r
Withers Cove from potential receiving pit location.
Picture facing south.
North side of Withers Cove (Lake Wylie)
Elevation:
Remarks: Buffer area near Withers Cove.
Location: North side of Withers Cove (Lake Wylie)
Elevation:

C ~ ~ Kimley-Horn KhiA ]ob No.: 015474010
t• and Associates, Inc. Withers Cove WM KHA Re B. Richards
p.:
4651 Charlotte Park Drive, STE 300 photograph Sheet Date: June 21, 2007
Charlotte, NC 28217 Page: 9 Of 13
No. 17
~~
~-~
F+ `~ i~
Remarks: Shoreline near proposed water crossing.
Location: North side of Withers Cove (Lake Wylie)
Elevation:

G ~ ~ Kimley-Horn KHA ]ob No.: 015474010
~ and Associates, Inc. Withers Cove WM KHA Re B. Richards
p.:
4651 Charlotte Park Drive, STE 300 Photo ra h Sheet Date: June 21, 2007
Charlotte, NC 28217 9 P Page: 10 Of 13
-- _
- ---- -----
Photo Flo. 19
~~ 4 V
y
i~„~ _
,V 1 Sr?~ t l~* R.n.~~
~-- -_
~_ -
- S. -
Remarks: Waters surface, facing toward proposed directional drill location.
Picture facing southwest.
Location: North side of Withers Cove (Lake Wylie)
Elevation:
Photo No. 20
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_ X.y 1~ ~+
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. 1 t7...~. ~ i~.
Remarks: Shoreline near cove crossing.
Picture facing northwest.
Location: North side of Withers Cove (Lake Wylie)
Elevation:

C ~ ~ Kimley-Horn KHA lob No.: 015474010
~ and Associates, Inc. Withers Cove WM KHA Rep.: B. Richards
4651 Charlotte Park Drive, STE 300 Date: June 21, 2007
Charlotte, rvc zszv Photograph Sheet Page: 11 of 13
No. 21

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.' r ~ a•£
7 ~ f
r ~:ry`s .~, ~" .
`!.fit.>/.aJ - -,
flutter area near cove crossing.
Picture facing northwest.
North side of Withers Cove (Lake Wylie)
No. 22
~: ,
..~
Remarks: Chain link fence near cove crossing.
Picture facing northwest.
Location: North side of Withers Cove (Lake Wylie)
Elevation:

G ~„ Kimley-Horn KHA Job No.: 015474010
~ and Associates, inc. Withers Cove WM KHA Rep.: B. Richards
4651 Charlotte Park Drive, STE 300
Charlotte, NC 28217 photograph Sheet Date: June 21, 2007
Page: 12 Of 13
Remarks: Existing waters surface and shoreline from bridge.
Picture facing east.
Location: North side of Withers Cove (Lake Wylie) from bridge
Elevation:

~ „ Kimley-Horn
~ and Associates, Inc.
4651 Charlotte Park Drive, STE 300
Charlotte, NC 28217
KHA )ob No.: 015474010
Withers Cove WM KHA Rep.: B. Richards
Photograph Sheet Date: June 21, 2007
Page: 13
Of 13
ti -~
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Gf~C
*,~.a~:.
~41~3,

- ~ +sCJ!!
- - "``_
_ - # ~--

_,
_ <<-- ..
9. ~ ., . _... d .. _.~.
Existing waters surface and shoreline from bridge.
Picture facing east.
North side of Withers Cove (Lake Wylie) from bridge

Duke Enemy Conveyance Permit Application: Part III
I. Describe how the proposed construction will be designed to avoid or minimize conflict with the
' natural, historic, scenic and public recreational values and resources of the project.
The proposed water main will be horizontally directional drilled underneath the existing
' cove. The proposed water main will be installed at a minimum 6 feet below the existing
lake bed, not affecting the waters surface or aquatic activity thereon. The proposed
water main will be located outside of the existing Catawba River riparian buffers.
' Proper erosion control devices will be installed to prevent sediment runoff from entering
the lake.

1

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~u

' Duke Energy Conveyance Permit Application: Part III
J. Describe what measures will be used to ensure boating safety in the vicinity of the proposal during and
' after construction activity. (Include arty required Navigational Safety Plans with a plan and schedule
for installation, maintenance and inspection of the warning/safety devices, with responsibilities listed
and verified by confirmation letters from the responsible entity(s).)
' The proposed water main will be horizontally directional drilled underneath the existing
cove. The proposed water main will be installed at a minimum 6 feet below the existing
lake bed, not affecting the waters surface. Therefore, the proposed water main should
' not impact any boat traffic.
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I~

' Duke Energy Conveyance Permit Application: Part III
K. Describe the magnitude and pattern of existing boat traffic in the area, including any existing
' recreational uses (public or private) at and near the proposal, including areas of attraction such as
marine gas facilities, restaurants, and mooring areas. Describe the effect associated with the proposed
facilities, on the existing boat traffic in the area.
' Withers Cove is a small cove located off of Lake Wylie near the Neal Branch. This cove
does not see much boat traffic and only has one dock located on the cove south of the
Shopton Road West b~°idge. In addition, there are no known recreational uses near the
' proposed water main.
The small amount of existing boat traffic will not be affected by the proposed water main,
' because the proposed water main will be located below the lake bed, not affecting the
water's surface.
ii

^_ _,

1
1

Duke Energy Conveyance Permit Application: Part III
L. Describe the procedures proposed to construct the facilities and stabilize the shoreline.
' ~ The Withers Cove water main will be installed via a horizontal directional drill. The
proposed drill will be completed using a drill and pull rig. The drilling rig will be
located outside of the existing Catawba River riparian buffer.
Additional construction equipment will include back hoes, a pipe fusing machine, and
•' additional equipment necessary for the installation of a water main. All of the equipment
in use will be located at a minimum SO feet from waters edge.
The existing shoreline should not be disturbed during construction. E~°osion control
devices will be installed to prevent any off site sediment runoff, onto the shoreline or into
Withers Cove. The following erosion control devices will be used: check dams, silt fence,
' and synthetic mats for ground stabilization.
~'~

L_

1

' Duke Energ. C~yance Permit Application: Part III
M. For projects that include water withdrawals, a complete description of the design and construction of
the water pipeline intake structure (including elevation data), intake screen size, intake velocities,
proposed water withdrawal rates, and maximum pumping capacities must be included along with a
description of measures proposed to mitigate the potential entrainment of fish or aquatic organisms.
Note: This item is only included for projects that will have water withdrawal facilities as part of the
' proposal.
Not applicable.

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Duke Energy Conveyance Permit Application: Part III
N. Describe any shoreline disturbance that may occur as a result of the proposal (e.g. ramps, pipeline
trenches, etc.) especially land disturbances within 100 feet of the project boundary.
The proposed water main is not expected to disturb any of the existing shoreline. All
land disturbance associated with the proposed water main shall occur at least 50 feet
away from the waters edge.
' Proper erosion control devices will be installed to prevent sediment runoff from entering
the lake.

1

Duke Energy Conveyance Permit Application: Part III
O. A statement concerning any proposed changes in hydro project operation as a result of construction
and utilization of the proposed facilities.
They°e are no proposed changes in hydro project operation as a result of construction and
' utilization of the proposed water main.
Ci
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1

' Duke Energy Conveyance Permit Application: Part III
P. A check for the application filing fee and security deposit and the signed Conveyance User's
Agreement letter.

' A check for the application filing fee and security deposit will be included with the Duke
Energy permit, when the permit is submitted to Duke Energy following agency reviews.
The Conveyance User's Agreement letter is attached but will be completed when the
' appropriate easements are obtained.

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STATE OF NORTH CAROLINA ) CROSSING EASEMENT FOR
NEW UNDERGROUND LINES
COUNTY OF MECKLENBURG ) ON A FERC LICENSED LAKE
' L
AKE WYLIE
FERC PROJECT NUMBER
THIS CROSSING EASEMENT FOR NEW UNDERGROUND LINES ON FERC LICENSED
LAKE WYLIE (hereinafter "Agreement") is made and entered into this day of
(the "Effective Date"), by and between DUKE ENERGY CAROLINAS, LLC, a
North Carolina limited liability company (hereinafter "Grantor"), and
a
' (hereinafter "Grantee");
' WITNESSETH:
WHEREAS, Grantor owns, leases or otherwise has rights to use certain lands lying in
County, North Carolina, comprising part or all of the reservoir known as
(hereinafter "Easement Area"); and
' WHEREAS, Grantor, as Owner (as defined herein), operates the Premises subject to applicable federal,
state and local laws and regulations; and
WHEREAS, Grantee operates an electric transmission system, electric distribution system,
telecommunications system, railroad signal system, cable service system or natural gas or other petroleum
product transmission or distribution system and, in such capacity, desires to install and maintain underground
wires, cables, conduits and/or pipelines crossing the Easement Area; and
WHEREAS, Grantee has submitted a Crossing Application to Grantor for the Underground Line
Crossing(s) (as defined herein) and has obtained all necessary state and federal approvals for the laying,
installing, constructing, and maintaining of the Underground Line Crossing(s); and
' WHEREAS, Grantor desires to accommodate Grantee's construction and maintenance of the Underground
Line Crossing(s) provided that it does not interfere with Grantor's ability to operate and maintain the Easement
Area in accordance with its legal and regulatory obligations and business operations; and,
' rev 1.30.07
Page 1 New Underground Easement
' FERC

' NOW, THEREFORE, the Grantor, in consideration of the aforementioned and other valuable
considerations paid by Grantee, the receipt of which is hereby acknowledged, does grant and convey unto
' Grantee, its successors and assigns, a perpetual easement and right of way, for the purposes and subject to the
terms and conditions herein below set out, over and across the land of Grantor (hereinafter "Premises") lying in
the State and County aforesaid, acquired by Grantor by the following:
' Deed recorded in Deed Book at Page in the Office of the
Register of Deeds of County.
i
TERMS AND CONDITIONS
1. Definitions.
(a) "Underground Line Crossing" shall mean overhead cables, conduits and/or pipelines of Grantee,
including all associated equipment and facilities, located upon or crossing within the boundaries
of the Easement Area in the location(s) shown on Exhibit A attached hereto and incorporated
herein by reference.
(b) "Easement Area" shall mean the location shown on Exhibit A.
(c) "NESC" shall mean the National Electrical Safety Code, as same shall be amended from time to
time, as published by The Institute of Electrical and Electronics Engineers, Inc.
' (d) "Easement Area" shall mean the reservoir (lake) project identified above.
(e) "Project Owner" shall mean Grantor or any successor in title or interest to the Easement Area.
(f) "Project Boundary," generally shall mean the full pond elevation contour as recorded in the
county within which the Premises is located.
(g) "Full Pond Elevation" shall mean the elevation of the top of a reservoir's spillway or the top of
the floodgates, if applicable.

2. Term. This Agreement begins on the Effective Date and shall expire on ,
unless termin ated sooner by Grantor pursuant to Paragraph 16 of this Agreement. However, this Agreement
' may continue in effect after the expiration date on a year-to-year basis upon the mutual written consent of both
parties, but G rantor shall not be obligated to renew. The indemnity provisions of Paragraph 17 shall survive the
expiration or earlier termination of this Easement for a period of six (6) years following the date of expiration or
termination.
3. Permitted Uses. Grantee shall have the authority to operate, use, maintain, repair and replace the
Underground Line Crossing(s) over and across the Premises in the Easement Area pursuant to the terms and
conditions of this Agreement. The terms and conditions in this Agreement shall be in addition to any
requirements, terms and provisions set forth in the Crossing Application.
' 4. Certifications for Under round Line Crossin s . Within sixt 60 da s followin the Effective
g ~() Y ( ) Y g
Date of this Agreement, Grantee shall proceed to install its Underground Line Crossing(s) in the location(s)
described on Exhibit A. Within forty-five (45) days after the completion of such installation of the
Underground Line Crossing(s), Grantee shall provide to Grantor a Professional Land Surveyor's Certification
and a Professional Engineer's Certification (using the forms prescribed by Grantor) for each proposed
Underground Line Crossing.
' rev 1.30.07 Pa e 2 New Underground Easement
g
FERC

Upon Grantor's receipt and approval of a Professional Land Surveyor's Certification and a Professional
Engineer's Certification for each Underground Line Crossing:
' (a) Grantee shall deliver to Grantor all originals of this Agreement then in Grantee's possession.
(b) Grantor shall attach a copy of each Professional Land Surveyor's Certification as Exhibit B and a
copy of each Professional Engineer's Certification as Exhibit C to each original of this Agreement.
(c) Grantor shall deliver a fully executed original of this Agreement (including all exhibits) to Grantee.
Failure by Grantee to comply with the terms and provisions in this Paragraph 4, including failure to
comply with the obligation to timely procure and deliver to Grantor a Professional Land Surveyor's
Certification and a Professional Engineer's Certification for each Underground Line Crossing covered by this
' Agreement, shall entitle Grantor to terminate any and all rights granted to Grantee pursuant to this Agreement
as set forth in Paragraph 16. If the construction of new facilities cannot be completed within the required sixty
(60) day time frame, the Grantee may file a written request with Grantor setting forth the reasons why the
facilities will not be completed within the allotted time frame. Grantor may grant an extension in its discretion,
not to exceed ninety (90) days. If Grantor does grant Grantee such an extension, Grantor reserves the right to
impose additional requirements of Grantee to meet revised regulations or shoreline development guidelines.
5. Maintenance of Structures and Safety Devices. Grantee shall at all times maintain its
Underground Line Crossing(s) in conformity with all applicable laws and regulations pertaining to the facilities
' comprising the Underground Line Crossing(s) and any rules and requirements of Grantor as the same may be
revised from time to time. Grantee also shall install and maintain, at its own expense, any safety or warning
devices deemed necessary by Grantor or any governmental agency or other entity having lawful jurisdiction
over such matters.
6. Emergency Notice of Failure to Maintain. In the event Grantee's failure to maintain the
' Underground Line Crossing(s) authorized by this Agreement in strict conformity with all applicable laws and
regulations results in a dangerous condition or emergency circumstance (as determined by Grantor in its
reasonable discretion) that poses serious risk of harm to person or property, Grantor shall promptly attempt to
' provide notice of such dangerous condition or emergency circumstance to Grantee by calling
. Should Grantee fail to commence (and thereafter diligently and continuously pursue
to completion) the cure of such dangerous condition or emergency circumstance within a reasonable period of
' time following the giving of such notice by Grantor to Grantee, Grantor shall have the immediate right to cure
any such condition or circumstance (including, without limitation, the right to repair Underground Line
Crossing(s)), in which case Grantee shall reimburse Grantor for any and all reasonable costs and expenses
incurred by Grantor within forty five (45) days of receipt by Grantee of an invoice detailing such costs and
expenses. For purposes of the immediately preceding sentence, six (6) hours shall be deemed a "reasonable
period of time," unless Grantor, in the exercise of its reasonable discretion, determines that the risks posed by
the condition or circumstance require it to take action sooner than the lapse of six (6) hours (in which case such
shorter period of time reasonably determined by Grantor shall apply); and, in any event, if Grantor is unable to
reach Grantee to give notice using the phone number specified above, the "reasonable period of time" shall be
measured beginning at the time Grantor first attempts to give such notice. Failure of Grantee to respond to and
correct such emergency situation may terminate this Easement as set forth in Paragraph 16.
' 7. Improvements - Rebuildin og r Expansion of Underground Line Crossing Grantee agrees that no
future rebuilding, expansion and/or modification to the Underground Line Crossing(s) permitted under this
' rev 1.30.07
Page 3 New Underground Easement
FERC

Agreement will be made unless Grantee shall make application to Grantor for such rebuilding, expansion and/or
modification and obtain Grantor's written approval of such work. Grantor may accept or reject any such
' application, in its sole discretion, consistent with its policies in effect at such time.
8. Compliance with Applicable Laws and Regulations. Grantee warrants and represents to Grantor
that each of its Underground Line Crossings shall at all times be maintained in conformity with all applicable
laws and regulations pertaining thereto and Grantee's use of the Easement Area for the Underground Line
Crossing(s) will not endanger health, create a nuisance or otherwise be incompatible with the overall
recreational use of Lake
9. Subsequent Changes in Applicable Laws and Regulations. If required by any governmental
' agency or authority having jurisdiction with respect to the Easement Area or the Underground Line Crossing(s),
Grantee agrees to modify its Underground Line Crossing(s) to conform to subsequent changes in any applicable
laws and regulations pertaining to standards for such facilities or any order, rule or regulation issued or adopted
by any such governmental agency or authority. Any such required modifications shall be completed at the
expense of Grantee and shall be completed expeditiously and in a good and workmanlike manner.
' 10. Protection of the Environment. All necessary precautions shall be taken by Grantee, at Grantee's
expense, during construction, operation, use, maintenance, repair and/or replacement of Underground Line
Crossing(s) to protect and enhance the scenic, environmental, recreational and cultural values of affected
' Project lands and waters.
11. Archaeological Resources. If any archaeological resources are discovered during construction,
construction shall be halted, and the State Historic Preservation Officer shall be contacted to determine what
measures, if any, are needed to protect or salvage the resources and the Grantor notified. Written notice shall be
given to Grantor and all other appropriate agencies of any such discovery and the measures being implemented,
' if any are required.
12. Relocation. Grantor reserves for itself the right to require Grantee, at Grantee's expense, to
relocate any Underground Line Crossing(s) permitted pursuant to this Easement expeditiously and in a good
and workmanlike manner. Grantor shall exercise this right by giving written notice of such requirement to
Grantee, in which case the Underground Line Crossing(s) affected by such relocation shall be relocated by
Grantee in compliance with the relocation instructions given by Grantor within sixty (60) days after such
written notice is delivered to Grantee (or such shorter period of time, if any, as may be mandated by any
governmental authority or agency having jurisdiction with respect to the Premises or such longer period of time,
if any, as may be approved by Grantor as the case may be, considering the magnitude of the
demolition/construction and removal obligations).
' 13. Discontinuation of Use. Grantee agrees that, should it ever discontinue use of the subject
Underground Line Crossing(s), it will notify Grantor in writing, within thirty (30) days following such
discontinuation, of its plan and schedule to remove the applicable Underground Line Crossing(s) from the
Easement Area and/or the property of Grantor. Grantee agrees that any such removal will be performed
expeditiously and in a good and workmanlike manner and shall be completed within thirty (30) days following
the date of Grantee's written notification to Grantor of the discontinuation of use (or such longer period of time,
if any, as may be approved by Grantor considering the magnitude of the demolition and removal obligations).
Grantee relinquishes all rights to the relevant Underground Line Crossing location(s) upon removal of the
rev 1.30.07 P
age 4 New Underground Easement
' FERC

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subject Underground Line Crossing(s), and Grantee agrees to enter into an amendment to this Agreement at
such time for the purpose of documenting the termination of such rights under this Agreement.
14. Transfer or Assignment: The Grantee may not transfer or assign this Agreement to anyone
without the prior written consent of the Grantor.
15. Taxes and Assessments: Grantee shall pay when due all taxes or assessments of any kind levied
against Grantee's personal property located on the Easement Area(s) and all ad valorem taxes on improvements
owned by Grantee. On the condition that the Easement Area(s), exclusive of improvements, remains classified
and taxed as utility property at the same rate as all other land of Grantor underlying Lake ,
Grantor shall pay the tax thereon exclusive of taxes assessed on the improvements. In the event, however, that
as a result of this Agreement the Easement Area(s), exclusive of improvements, shall be classified and taxed as
nonutility property or at a higher rate than other lands of Grantor underlying Lake ,then in such
event Grantee shall pay all taxes assessed thereon. Grantee shall list and return in its name for tax and
assessment purposes any structure(s) or improvement(s) owned by Grantee on the subject Easement Area(s).
Upon written request, Grantee shall furnish Grantor with copies of paid receipts for all said taxes and
assessments on or before the 31st day of December of each year.
16. Termination & Waiver: It is expressly agreed and understood that the violation of any of the
covenants, conditions, terms or provisions of this Agreement by Grantee, including but not limited to
nonpayment of taxes as required by Paragraph 14, or noncompliance with health, safety or sanitation laws or the
special conditions of Paragraphs 4, 6, 8, and 10, shall terminate this Agreement at the option of the Grantor.
This Agreement may also be terminated by the Grantor if at any time during the duration of this Agreement (or
any renewal thereof) the Grantee should be adjudged bankrupt or insolvent by any federal or state court or the
Grantee shall allow a final judgment obtained against it to remain unpaid for a period of sixty (60) days. Failure
of Grantor to exercise any of said rights relating to the termination of this Agreement or any other rights of
Grantor under this Agreement shall not be construed as a waiver or abandonment of the right thereafter to
exercise any or all of same. In the event that the Grantor terminates this Agreement under any of the above
written conditions, Grantor may enter the Easement Area(s) and expel the Grantee therefrom; or Grantor may,
in lieu thereof or in conjunction therewith, pursue any other lawful right or remedy incident to the relationships
created by this Agreement. Grantor must give sixty (60) days' notice in writing to Grantee of its intent to
terminate, except that only thirty (30) days' written notice shall be required for termination for nonpayment of
rent or taxes. Grantee shall have the right to cure any violation during said sixty-day (or thirty-day, as the case
may be) notice period, during which time Grantor may not terminate this Agreement. Grantor reserves the right
to terminate this Agreement upon ninety (90) days' written notice to the Grantee at the address contained herein
or as changed by notice from the Grantee. This right of cancellation is not subject to any right of cure or appeal
by Grantee.
17. Indemnity: Grantee will indemnify and save harmless Grantor, its successors and assigns,
employees, agents, officers, directors and contractors, from and against any and all claims arising from any
conduct, management, operation, work or thing done in or about the Easement Area(s) or any building, structure
or equipment thereon during the period of this Agreement or arising from any act or failure to act by Grantee,
its agents, contractors, or employees, or arising from any accident, injury or damage whatsoever, however
caused, to any person or persons or to the property of any person, persons, corporation or corporations during
the period of this Agreement on, in or about the Easement Area(s) and from and against all costs, counsel fees,
expenses, liabilities and damages incurred in or about such claims or any action or proceeding brought thereon,
rev 1.30.07 Page 5 New Underground Easement
FERC

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and in case any action or proceeding be brought against Grantor, its successors or assigns, by reason of any such
claim, Grantee, on notice from Grantor, shall resist and defend such action or proceeding by counsel
satisfactory to Grantor. Grantee hereby waives all claims against Grantor for damages to the improvements and
other property that are now or hereafter placed or built on the Easement Area(s) caused by or resulting from
intermittent flooding or drawdown of the waters of Lake ~Wxlie_. In order to assure Grantor of the
performance of this indemnity, Grantee shall carry and furnish evidence satisfactory to Grantor of the existence
of public liability insurance, with limits on bodily injury of not less than $100,000/$300,000 and property
damage of not less than $50,000/$100,000, naming Grantor as an additional insured in such insurance policy or
policies and providing coverage for contractual liability of Grantee to Grantor required herein.
18. Limitation of Liability. Grantor and Grantee agree to warrant that any and all work performed
within the Easement Area(s) will be performed with professional thoroughness and using acceptable standard
business practices. Grantor's total cumulative liability to Grantee for claims of any kind whether based on
contract, tort (including negligence and strict liability and excluding willful misconduct), under any warranty or
otherwise, for any loss or damage relating to this Agreement, shall in no case exceed the cost of completing the
work in accordance with acceptable business practice, and Grantee releases Grantor from all further liability in
excess of this amount for any work performed under this Agreement. Grantee further releases Grantor from any
and all liability resulting from any injury of any employee of Grantee or anyone performing any service at the
direction of the Grantee on the Easement Area(s), excluding any acts of willful misconduct of the Grantor.
Neither party shall be liable, whether based on contract, tort (including negligence and strict liability),
under any services or work performed relating to this Agreement, for any consequential, indirect, special, or
incidental loss or damage, any damage (except to the extent damage resulted from willful misconduct) to or loss
of any property or equipment.
This limitation of, or protection against liability shall also protect directors, officers, employees, agents,
consultants, suppliers, subcontractors, and affiliated entities and their directors, officers, employees, agents,
consultants, suppliers, subcontractors, parents, subsidiaries and affiliates of the Grantor and shall apply
regardless of the fault (excluding willful misconduct), negligence or strict liability of the respective party.
Grantee waives and will require its insurers to waive all rights to recovery and claims of any kind,
including rights and claims to which its insurers or another may be subrogated, against Grantor arising out of
damage to, loss of or loss of use of any of Grantee's property, located on the Easement Area(s), whether based
on contract, tort (including negligence and strict liability), under any warranty or otherwise. These waivers are
effective as to all damages to, losses of or losses of use of property arising out of or relating to this Agreement
or deficiencies in the services provided hereunder and Grantee hereby covenants that no such action or claim
shall be brought by or through Grantee on any theory whatsoever. In the event Grantee or its insurers recover
damages from a third party for losses or damages to which the foregoing waivers apply, Grantee shall
indemnify and hold Grantor harmless against any liability for any such losses or damages which said third party
recovers from Grantor and any expenses (including attorney fees and other cost of investigation and defense)
related hereto.
The limitation of liability in this provision shall apply notwithstanding any other provision of this
Agreement.
rev 1.30.07
Page 6
New Underground Easement
FERC

19. Parties Bound. The covenants and conditions herein contained shall, subject to the provisions as
to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties
hereto.
20. Reservation of Use. The right to use the land which is affected by the Underground Line
Crossing(s) for Project purposes is hereby reserved to Grantor, its successors and assigns.
21. Flooding. Grantor reserves the unlimited right to back or flood the waters of the
River and its tributaries from time to time and at any and all times over and upon the subject premises or any
portion of the same, to such extent the flooding may be necessary or convenient in connection with the practical
operation of its Lakes and/or hydroelectric power projects located or to be located in the future upon the
Catawba_ River. Grantee agrees that any damage it may suffer as a result of such flooding shall not be
claimed or charged against Grantor. Grantee hereby waives all claims against Grantor for damages resulting
from floods that may occur on the Catawba_ River or any tributary thereof.
22. Project Restoration. Grantor shall be under no obligation to Grantee to maintain or continue to
operate the Easement Area and should said Easement Area be damaged, destroyed or removed, the Grantor
shall be under no obligation to restore or rebuild same, and Grantee hereby waives all claims against Grantor for
damages to or destruction or removal of the Easement Area.
23. Non-warranter As Is. Grantor makes no warranty, express or implied, with respect to the title to
or the use of the Easement Area for said Underground Line Crossing(s). Grantee accepts the Easement Area in
"AS IS" condition.
' 24. Compensation Agreement: Grantor reserves the right to require payment from Grantee for
recovery of all applicable and relevant charges associated with the administration of and compliance with this
Agreement for Grantee's Underground Line Crossing(s) across Grantor's Premises.
25. Recovery of Fees and Costs. If any action is taken by Grantor to enforce any provision,
covenant or agreement contained in this Easement or if Grantor is required to retain an attorney to enforce any
provision, covenant or agreement contained in this Agreement (including, without limitation, the payment of
rent due hereunder or the removal of an encroachment constructed on the Easement Area(s) in violation of the
Easement), then Grantor shall be entitled to recover from Grantee all Grantor's reasonable attorneys' fees and
court costs incurred in such action and/or enforcement.
26. Notices. Wherever in this Agreement it shall be required or permitted that notice be given by
either party to this Agreement to the other, such notice must be in writing and must be given personally or
forwarded by certified mail addressed as follows:
Grantor: Duke Ener Carolinas LLC
gY
Attn: Lake Services
P. O. Box 1006
Charlotte, North Carolina 28201-1006
rev 1.30.07 Pa e 7 New Underground Easement
g
FERC

Grantee:
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IN WITNESS WHEREOF, this instrument is executed on the date first above written.
GRANTOR
Duke Energy Carolinas, LLC
a North Carolina limited liability company
Bv:
Name: George W. Christian, Jr.
Title: Manager, Real Estate Acquisitions and Valuations
' STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she signed the foregoing document: George W. Christian, Jr., Manager, Real Estate Acquisitions
and Valuations
Date:
i My Commission Expires:
rev 1.30.07
Notary Public
[Signatures Continue on Following Page]
Page 8
New Underground Easement
FERC

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STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she signed the foregoing document:
Date:
GRANTEE
By:
Name:
Title:
Notary Public
My Commission Expires:
rev 1.30.07
Page 9
New Underground Easement
FERC

D. REFERENCE MATERIALS
1. NC Erosion & Sediment Control Manual• 6.06
2. NC Erosion & Sediment Control Manual; 6.62
3. NC Erosion & Sediment Control Manual; 6.83

Practice Standards and Specifications
6.06 - • ~. ,~ ,. ._.,.
Definition A graveled area or pad located at points where vehicles enter and leave a con-
struction site.
PUrPOSe' To provide a buffer area where vehicles cati drop their mud and sediment 14
avoid transporting it onto public toads. to control erosion from surface runoff,
and to help control dust.
Conditions Where Wherever traftrc will be leaving a construction site and moving directly onto a
Practice App~leS .Public road ~ otherpaved off-site area. Construction plans should limit traffic
to proper]y constructed entrances.
Design Criteria Aggregate Size-Use 2-3 inch washed stone.
Dimensions of gravel pad-
Thickness: 6 inches minimum
Width: 12-ft minimum or full width at all~points of the vehicular
entrance and exit area, whichever is greater
Length: 50-ft minimum
Location-Locate construction entrances and exists to limit sediment from
leaving the site and to provide for maximum utility by all construction vehicles
figure 6.OGa). Avoid steep grades and entrances at curves in public roads.
2-3 "
coarse aggregate
Figure 6.o6a Gravel entrance/exit keeps sediment from leaving the constnrction site {modified from Va SWCC).
,~2`~
~.nR.l
July 27, 1995 XVI-11 Environmental Protection

Washing-If conditions at the site are such that most of the mud and sediment
are not removed by vehicles' traveling over the,: gravel. the tires. should be
washed Washing should be done on an area stabilized with crushed stone that
drains into a sediment trap a other suitable disposal area. A wash rack may also
be used to make washing more convenient and effective.,
Construction ~. Clear the entrance and exit-area of all vegetation, roots, and other objec-
Specifications uonable material and ptnperly grade it.
2. Place the gravel to the specific grade and dimensions shown on the plans, and
smooth it.
3. Provide drainage W carry water to a sediment trap or other suitable outlet.
4. Use geotextile fabrics because they improve stability of the foundation in
locations subject to seepage or high water table.
b.t16.2
Maintenance Maintain the gravel pad in a condition to prevent mud or sediment from leav-
ing the construction site. This 'may require periodic topdressing with 2-inch
stone. After each rainfall, inspect any sttuctttre used to trap sediment and clean
it out as necessary.' Immediately remove all objectionable materials spilled,
washed, or tracked onto public roadways.
References Runoff Conveyance Measures
6.30, Grass-lined Channels
• Sediment Traps and Barriers
6.60, Temporary Sediment Trap
July 27, 1995 XVI-12 Environmental Protection

Practice Standards and Specifications
~ 6.62 - E.-~a•~l-~na.~^~a.~ta~ti-tt•~^~act~aa
~~
DeflflltlOn A temporary sediment barrier consisting of filter fabric buried at the bottom,
stretched, and supported by posts.
Purpose To retain'sedimeni from small disturbed area's by'reducing the velocity of sheet
flows to allow sediment deposition.
COndltiOns Wh eCe .Below small disturbed areas less than 1/4 acre per 100 ft of fence.
PraGtlCe App~ieS where runoff can be stored behind the sediment fence without damaging the
fence or the submerged ones behind the fence.
Do not install sediment fences across streams, ditches. or waterways.
P (cln Rl n g A sediment fence is a permeable bamer that should be planned as a system to
COf131C~efat1011S retain sediment on the construction site. The fence retains sediment primarily
by retarding flow and promoting deposition. In operation, generally the fence
becomes clogged with fine particles, which reduce flow rate. This causes a pond
to develop more quickly behind the fence. The designershould anticipate pond-
ing and provide sufficient storage areas and overflow outlets to prevent flows
from overtopping the fence. S ince sediment fences are not designed to withstand
high heads, locate them so that on}y shallow pools can form. -Tie the ends of a
sediment fence into the landsptpe to prevent flow around~the end of the fence-
- before the pool reaches design level. Provide stabilized outlets to protect the
fence system and release stormflows that exceed the design storm.
Deposition occurs as the storage pool forms behind the fence. The designer can
direct flows to specified deposition areas through appropriate positioning of the
fence or by providing an excavated area behind the fence. Plan deposition areas
at accessible points to promote routine cleanout acid mainteirance.Show deposi-
tion areas in the erosion and sedimentation control plan. A sediment fence acts
as a diversion if placed. slightly off the contour. This maybe used by the design-
er to control shallow, uniform flows from small disturbed areas and to deliver
sediment-laden water to deposition areas.
Sediment fences serve no function along ridges or near drainage divides where
there is little movement of water. Confining or diverting runoff unnecessarily
with a sediment fence may .create erosion and _sedimentation problems that
would not. otherwise occur.
Design Criteria Ensure that the drainage area is no greater than 1/4 ape per !0o ft of fence.
Make the fence stable for the 10-yr peak storm runoff.
Where all runoff is to be stored behind the fence, ensure that the maximum slope
length behind a sediment fence does not exceed the specifications shown in
Table 6.62a.
.1
July 27, 1995 XVI-32 Environmental Protection

Ensure that the depth of impounded water does not exceed I.5 ft at any point
along the fence.
If nonerosive outlets are provided, slope length may be increased beyond that
shown in Table 6.62a; but iunoff from the area should be determined and by-
pass capacity and erosion potential along the fence must be checked. The
' velocity' of the flow afthe outlet ar• along the fence should be in keeping with
Table 8.OSd, Appendix 8.05.

1
Slope Slope Length (ft)
< 2% 100
2 to 5°/. 75
5 to 10% 50
i 0 to 20~° 25
>20% 15
Provide a riprap splash pad or other outlet protection device for any point where
flow may overtop the sediment fence, such as natural depressions or swales. En-
sure that the maximum height of the fence at a protected, reinforced outlet does
not exceed .1 Ct and that suppoa post spacing does not exceed 4 ft.
The design life of a synthetic sediment fence should be 6 months. Burlap is only
acceptable for periods up to 60 days.

1

Table 6.62a
Maximum Slope Length and
Slope for which Sediment
Fence is Applicable
COf1StfUCtlOf1 MATERIALS
Specifications i. Use a synthetic filter fabric or a pervious sheet of polypropylene. nylon,
" polyester, or polyethylene yarn, which is certified by the manufacturer or sup-
plier as conforming to the requirements shown in Table 6.62b.
Table 6.62b
Specifications For
Sediment Fence Fabrtc
6.62.2
July 27, 1995
Physical Property
Filtering Effiaency
Tensile Strength at
20% (max.) Ebngation
Requirements
85% (min)
Standard Strength-
30 Ibllin in (min)
Extra Strength-
50 IbAin in (min)
0.3 gaVsq ftlmin (min)
Slurry Flow Rate
XVI-33
Synthetic filter fabric should contain ultraviolet ray inhibitors and stabilizers to
provide a minimum of 6 months of expected usable construction life at a
temperature range of O to 120° F. "
2. Ensure that posts for sediment fences are either 4-inch diameter pine, 2-inch
diameter oak, or 1.331b/linear ft steel with a minimum Iength of 4 ft. Make sure
that steel posts have projections to facilitate fastening the fabric.
3. For reinforcement of standard strength filler fabric, ttse wire fence with a
minimum 14 gauge and a maximum mesh spacing of 6 inches.
Environmental Protection

Practice Standards and Specifications

1
1
1
CONSTRUCTION
1. Construct the sediment barrier of standard strength or extra strength synthetic
filter fabrics.
2. Ensure that the height of the sediment fence does not exceed 18 inches above
the ground surface. (higher fences may impound volumes of water sufficient to
cause failure of the structure)-.
3. Construct the filter fabric from a continuous roll cut to the length of the bar-
- rier to avoid joints. When joints are necessary, securely fasten the filter cloth
only at a support post with overlap to the next post.
4. SuppoR standard strength filter fabric by wire mesh fastened securely to the
upslope side of the posts using heavy duty wue staples at least 1 inch long. or
tie wires. Extend the wire mesh support to the bottom of the trench.
S. When a wire mesh support fence is used, space posts a maximum of 8 h apart.
Support posts should be driven securely into the ground to a minimum of l8 in-
' ches.
6. Extra strength filter fabric with 6ftpost spacing does not require wire mesh
support fence. Staple or wire the filter fabric directly to posts.
7. Excavate a trench approximately 4 inches wide and 8 inches deep along the
proposed line of posts and upslope from the barrier (Figure 6.62a).
8. Backfill the trench with compacted soil or grauel placed over the filter fabric.
9. Do not attach filter fabric to existing trees.
Maintenance Inspect sediment fences at least once a week and after each rainfall. Make any
required repairs immediately.
Should the fabric of a sediment fence collapse, tear, decompose or become in-
effective, replace it promptly. Replace burlap every 60 days.
Remove sediment deposits as necessary to provide adequate storage volume for
the nex[ rain and to reduce pressure on the fence. Take care to avoid undermin-
ing the fence during cleanout.
Remove all fencing materials and unstable sediment deposits and bring the area
to grade and stabilize it after the contributing drainage area has bcen properly
stabilized.
6.62.3
July 27, 1995 XVI-34 Environmental Protection

Figure 6.62a Installation deta0 of a sediment
fence.
Backfill min 8"
thick layer of gravel
,4_. 1 4 N
i
8 ~ ~ {~ ~ f~u1~1
Fitter fabric
'

v ~~ ll l ~ '(l.~ 1111
1 _
I
'
~
-trench -~ ~~11(~
TI
Extension of fab ric and wire
into the trench

~_~ Fitter fabric->• UY~~~
~~
~ ~_
~
~~ ~ 8 - ~

- =11! I`~ 111 ~ ~ = i
4 „ ~\~
References RunoffCoulrof Measures
6.20, Temporary Diversions
Outlet Protection
6.41, Outlet Stabilization Structure
Sediment Traps and Barriers
6.60, Temporary Sediment Trap
- 6.61, Sediment Basin
Appendix
8.03, Estimating Runoff
Compacted fill
July 27, 1995 XVI-35 Environmental Protection

Practice Standards and Specifications
6.83 ~ ~
/ -- - --
Definition Small temporary stone dams constructed across a drainageway.
Purpose To reduce erosion in a drainage channel by restricting the velocity of flow in
the channel. • .. .
Conditions Where Tftisptacdcemaybeusedasatemporaryoremergencymeasutetolimiterosion
P raCtiCe Appl i e S by reducing flow in small open channels. Limit drainage areas io 2 acres or less.
Do not use check dams in live streams.
Check dams maybe used to:
• reduce flow in small temporary channels that are degrading. but, where
permanent stabilization is impractical due to their short period of useful-
Hess;
• reduce flow in small eroding channels where construction delays or
weather conditions prevent timely installation of nonemsive liners.
P I an n i n g Check dams are an expedient way to reduce gullying in the bottom of channels
Considerations that will be filled or stabilized at a later date. It is usually better to line the chan-
nel or divert the flow to stabilize the channel than to install check dams.
However, under circumstances where this is not feasible, check dams may be
helpful.
Check dams installed in-grass-lined channels may kill the vegetative lining if
submergence after rains is too long and/or silting is excessive. All stone and ,
riprap must be removed if mowing is planned as part of vegetative maintenance.
Consider the alternative of protecting the channel bottom with materials such
as riprap, concrete, fiberglass mat, or other protective linings in combination
with grass before selecting check dams.
Design Criteria The following criteria should be used when designing a check dam:
• Ensure that the drainage area above the check dam does not exceed 2
acres.
• Keep the maximum height at 2 ft at the center of the dam.
• Keep the center of the check dam at least 9 inches lower than the outer
edges at natural ground elevation.
• Keep the side slopes of the dam at 2:1 or flatter.
• Ensure that the maximum spacing between dams places the toe of the
upstream dam at the same elevation as the top of the downstream dam
figure 6.83a;.
• Stabilize overflow areas along the channel to resist erosion caused by
check dams:
• b.83.1
July 27, 1995 X1.39 Environmental Protection

0
Figure 6.83a Space check dams in a channel so that the crest of downstream dam is at elevation of the toe of upstream-dam.
• Use 2 W IS-inch stone (N.C. Department of Transportation class A or
class 13 erosion control stone).
• Key the stone into the ditch banks and extend it beyond the abutments a
tninimtun of 18 inches to avoid washouts from overflow around the dam.
COI1StfUCtiOn 1. Place stone to the lines and dimensions shown in the plan on a filter fabric
Specifications foundation.
2. Keep the. center stone section at least 9 inches below natural ground Jevel
where the dam abuts the channel banks.
3. Extend stone at least 1.5 f[ beyond the ditch banks (Figure 6.83b) to keep
overflow water from undercutting the dam as it re-enters the channel.
4. Sec spacing between dams to assure that the elevation at the top of the lower
dam is the same as the toe elevation of the upper dam.
5. Protect the channel downstream from the lowest check dam, considering that
water will flow over.and around the dam (Practice 6.4i, Outlet Stabilization
Structure).
6. Make sure that the channel reach above the most upstream dam is stable.
7. Ensure that channel appurtenances, such as culvert entrances below check
dams, are not subject to damage or blockage from displaced stones.
6.83.2
July 27, 1995
Maintenance Inspect check dams and channels for damage after each runoff event.
Anticipate submergence and deposition above the check dam and erosion from
high flows around the edges of the dam. Correct all damage immediately. If sig-
nificant erosion occurs between dams, install a protective riprap liner in that
portion of the channel (Practice 6.31, Riprap-lined and Paved Channels).
Remove sediment acctunulated behind the dams as needed to prevent damage
to channel vegetation, allow the channel to drain through the stone check dam,
and prevent large flows from carrying sediment over the dam. Add stones to
dams as needed to maintain design height and cross section.
XVI-40
Environmental Protection
L =The distance such that points
A -and. B are of equal elevation

Practice Standards and Specifications
Class A or B
Erosion Control
Stone ~
Pilter
fabrric
i
Section A-A
2'r
24" max
at center
Figure 6.83b Stone check dam~tone should be placed over the channel banks tQ keep water from cutting around the dam.
References Runoff Conveyance Measures
6.30, Grass-lined Channels
6.31, Riprap-lined and Paved Channels
Outlet Protection
6.41, Outlet Stabilization Structure
North Carolina Department of Transportation
Standard Specifications for Roads and Structures
B33
July 27, 1995 XVI-41 Environmental Protection