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HomeMy WebLinkAbout20080915 Ver 2_cra_commitments_by_party_20150507CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 2.2.1.1 Lake Wateree — The Licensee shall work in cooperation with Lake Wateree State Park representatives to implement a [lake Annual Alan Stuart temperature] monitoring program at the park. alan.stuart@duke - energy.com SCDPRT 2.2.1.1 Lake Wateree — The Licensee shall work in cooperation with Lake Wateree State Park representatives to implement a [lake Annual Alan Stuart temperature] monitoring program at the park. alan.stuart@duke - energy.com Licensee 2.2.1.3 Lake Norman — McGuire Nuclear Station in an area outside any significant temperature influence of the station or the Licensee shall Annual Alan Stuart work in cooperation with Lake Norman State Park representatives to implement a [lake temperature] monitoring program at the park. alan.stuart@duke- energy.com NCDENR 2.2.1.3 Lake Norman — McGuire Nuclear Station in an area outside any significant temperature influence of the station or the Licensee shall Annual Alan Stuart work in cooperation with Lake Norman State Park representatives to implement a [lake temperature] monitoring program at the park. alan.stuart@duke- energy.com Licensee 2.2.1.4 Lake James — The Licensee shall work in cooperation with Lake James State Park representatives to implement a [lake Annual Alan Stuart temperature] monitoring program at the park. alan.stuart@duke - energy.com NCDENR 2.2.1.4 Lake James — The Licensee shall work in cooperation with Lake James State Park representatives to implement a [lake Annual Alan Stuart temperature] monitoring program at the park. alan.stuart@duke - energy.com Licensee 2.2.1.5 In the event that any of these locations is no longer available for this monitoring or state park representatives are unwilling to Annual Alan Stuart conduct this monitoring, the Licensee shall consult with the North Carolina Wildlife Resources Commission or the South Carolina alan.stuart@duke - energy.com Department of Natural Resources, as appropriate, to identify a mutually acceptable alternative [lake temperature] monitoring location. NCWRC 2.2.1.5 In the event that any of these locations is no longer available for this monitoring or state park representatives are unwilling to Annual Alan Stuart conduct this monitoring, the Licensee shall consult with the North Carolina Wildlife Resources Commission or the South Carolina alan.stuart @duke - energy.com Department of Natural Resources, as appropriate, to identify a mutually acceptable alternative [lake temperature] monitoring location. SCDNR 2.2.1.5 In the event that any of these locations is no longer available for this monitoring or state park representatives are unwilling to Annual Alan Stuart conduct this monitoring, the Licensee shall consult with the North Carolina Wildlife Resources Commission or the South Carolina alan.stuart @duke - energy.com Department of Natural Resources, as appropriate, to identify a mutually acceptable alternative [lake temperature] monitoring location. Licensee 2.2.2 Coordination with Wateree Spring Stable Flows — If the Licensee cannot operate the Project to provide the Spring Stable Flow On -going Alan Stuart Periods at Wateree as set forth in Section 4.8 of this Agreement and also maintain the Lake Wateree reservoir level as specified in alan.stuart@duke - energy.com the proposed Spring Reservoir Level Stabilization Program License Article, then the Licensee shall suspend the Spring Reservoir Level Stabilization Program at Lake Wateree for that calendar year in accordance with Paragraph (B) of the proposed Spring Reservoir Level Stabilization Program License Article. Licensee 3.2.1 Coordination of Meeting — In accordance with Paragraph (H) of the proposed Recreational Flows License Article, the Licensee shall Annual George Galleher have lead responsibility to: (i) work with the organizations identified in Paragraph 3.2.2 that are Parties to this Agreement to establish george.galleher @duke - energy.com the invitee list for the Annual Recreational Flow Schedule Planning meeting; (ii) coordinate logistics including scheduling the meeting with at least thirty days notice; and (iii) lead meeting discussions and provide meeting summaries. American 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher Whitewater meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. Carolina Canoe Club 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. CRA Party CRA CRA Commitment Commitment Date Duke SME Section George Galleher GFHA 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. Licensee 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. local governments 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. NCDENR 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. NCWF 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. NCWRC 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. SCDNR 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. SCDPRT 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. SCWF 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. Trout Unlimited 3.2.2 Meeting Invitees — The following organizations shall determine the invitees to the Annual Recreational Flow Schedule Planning Annual George Galleher meeting: the Licensee; American Whitewater; appropriate federal /state agencies including, but not limited to: NCDENR, NCWRC, george.galleher @duke - energy.com SCDNR, SCDPRT; appropriate local governments for each section of the river; appropriate local outfitters; Carolina Canoe Club; Great Falls Hometown Association; NCWF; SCWF; and Trout Unlimited. American 3.2.3 Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual On -going George Galleher Whitewater Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning meeting are temporary and shall apply only to the designated calendar year. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Carolina Canoe Club 3.2.3 Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual On -going George Galleher Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning_ meeting are temporary and shall apply only to the designated calendar year. Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual GFHA 3.2.3 On -going George Galleher Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning meeting are temporary and shall apply only to the designated calendar year. Licensee 3.2.3 Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual On -going George Galleher Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning_ meeting are temporary and shall apply only to the designated calendar year. 3.2.3 Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual On -going George Galleher local governments Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning meeting are temporary and shall apply only to the designated calendar year. NCDENR 3.2.3 Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual On -going George Galleher Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning_ meeting are temporary and shall apply only to the designated calendar year. NCWF Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual 3.2.3 On -going George Galleher Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning meeting are temporary and shall apply only to the designated calendar year. NCWRC 3.2.3 Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual On -going George Galleher Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning_ meeting are temporary and shall apply only to the designated calendar year. 3.2.3 Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual On -going George Galleher SCDNR Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning meeting are temporary and shall apply only to the designated calendar year. SCDPRT 3.2.3 Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual On -going George Galleher Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning meeting are temporary and shall apply only to the designated calendar year. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCWF 3.2.3 Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual On -going George Galleher Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning_ meeting are temporary and shall apply only to the designated calendar year. Annual Recreational Flow Release Adjustments — The Licensee plus a majority of the invitees in attendance at the Annual Trout Unlimited 3.2.3 On -going George Galleher Recreational Flow Schedule Planning meeting must agree to the discretionary flow release dates and any adjustment to the flows or george.galleher @duke - energy.com schedules included in the proposed Recreational Flows License Article before the Licensee implements the recreational flow releases. Any adjustments from the recreational flows or schedule included in the proposed Recreational Flows License Article that are agreed to at the annual planning meeting are temporary and shall apply only to the designated calendar year. Licensee 4.2 Submitting the Flow and Water Quality Implementation Plan during the Section 401 Certification Process — The Parties agree that Complete Mark Oakley the Licensee shall file the Flow and Water Quality Implementation Plan (FWQIP) (see Appendix L), supplemented with any mark.oakley @duke - energy.com engineering and construction details the Licensee determines are needed, with the NC Division of Water Quality (NCDWQ) and the SC Department of Health and Environmental Control (SCDHEC) during the 401 Water Quality Certification processes, as the recommended flow and water quality implementation plan. Submitting the Flow and Water Quality Implementation Plan during the Section 401 Certification Process — The Parties agree that Complete NCDENR 4.2 Mark Oakley the Licensee shall file the Flow and Water Quality Implementation Plan (FWQIP) (see Appendix L), supplemented with any mark.oakley @duke - energy.com engineering and construction details the Licensee determines are needed, with the NC Division of Water Quality (NCDWQ) and the SC Department of Health and Environmental Control (SCDHEC) during the 401 Water Quality Certification processes, as the recommended flow and water quality implementation plan. Approval of a New Powerhouse or Valve System at the Bridgewater Development— The Licensee shall consult with the appropriate Complete Licensee 4.4 Mark Oakley resource agencies and file for FERC approval of either a new powerhouse or a valve system at the Bridgewater Development and mark.oakley @duke - energy.com for approval of a 401 Water Quality Certification as required for the construction of the new powerhouse or valve system at the Bridgewater Development. Licensee 4.5.1 18 months post- Travis Sinclair Conservation Easements —The Licensee shall mitigate for these impacts by providing 100 -ft wide perpetual conservation license travis.sinclair @duke- energy.com easements (measured horizontally from the top of the bank) on approximately 22 bank miles of the Johns, Catawba, and Linville rivers combined, and approximately 6.6 total bank miles of 1 st and 2nd order tributaries to the Catawba River. These easements, affecting approximately 343 acres of land, shall be transferred to the State of North Carolina, or a land trust if the State of North Carolina so chooses, within 18 months following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to water quality and to water quantity, including reservoir levels and Project flow releases. The land areas covered by these easements shall not be included within the FERC Project Boundaries. See Appendix I for map (tiles) depicting the approximate locations of these easements and Appendix O for a conceptual outline of the conservation easements. NCDENR 18 months post- 4.5.1 Travis Sinclair Conservation Easements —The Licensee shall mitigate for these impacts by providing 100 -ft wide perpetual conservation license travis.sinclair @duke- energy.com easements (measured horizontally from the top of the bank) on approximately 22 bank miles of the Johns, Catawba, and Linville rivers combined, and approximately 6.6 total bank miles of 1 st and 2nd order tributaries to the Catawba River. These easements, affecting approximately 343 acres of land, shall be transferred to the State of North Carolina, or a land trust if the State of North Carolina so chooses, within 18 months following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to water quality and to water quantity, including reservoir levels and Project flow releases. The land areas covered by these easements shall not be included within the FERC Project Boundaries. See Appendix I for map (tiles) depicting the approximate locations of these easements and Appendix 0 for a conceptual outline of the conservation easements. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 4.6.1 Conservation Easements — The Licensee shall mitigate for these impacts by providing 100 -ft wide perpetual conservation 18 months post- Travis Sinclair easements (measured horizontally from the top of the bank) on approximately 5.5 bank miles of the Catawba River. These license travis.sinclair @duke - energy.com easements, affecting approximately 67 acres of land, will be transferred to the SCDNR, or a land trust if the SCDNR so chooses, within 18 months following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to water quality and to water quantity, including reservoir levels and Project flow releases... The easement below the Wylie Development shall also incorporate the trail identified in Paragraph 10.27.23.1. See Appendix I for map (tiles) depicting the approximate locations of these easements and Appendix O a conceptual outline of the conservation easements. SCDNR 4.6.1 Conservation Easements — The Licensee shall mitigate for these impacts by providing 100 -ft wide perpetual conservation 18 months post- Travis Sinclair easements (measured horizontally from the top of the bank) on approximately 5.5 bank miles of the Catawba River. These license travis.sinclair @duke - energy.com easements, affecting approximately 67 acres of land, will be transferred to the SCDNR, or a land trust if the SCDNR so chooses, within 18 months following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to water quality and to water quantity, including reservoir levels and Project flow releases... The easement below the Wylie Development shall also incorporate the trail identified in Paragraph 10.27.23.1. See Appendix I for map (tiles) depicting the 4.6.2 approximate locations of these easements and Appendix O a conceptual outline of the conservation easements. Mitigation Fund — The Parties further agree that, within one year following the issuance of the New License and the closure of all one year post- Alan Stuart Licensee rehearing and administrative challenge periods related to water quality and to water quantity, including reservoir levels and Project license alan.stuart@duke - energy.com flow releases, the Licensee shall provide a one -time contribution of $1 million to the South Carolina Department of Natural Resources (SCDNR) to create the Catawba - Wateree Hydroelectric Project Fish and Wildlife Mitigation and Enhancement Fund. Activities eligible for support from this fund will include survey and inventory, research, and population enhancement of fish and wildlife in the Catawba - Wateree River Basin, to include rare, threatened or endangered species; biodiversity protection and enhancement, and environmental outreach programs. SCDNR 4.6.2 Mitigation Fund — The Parties further agree that, within one year following the issuance of the New License and the closure of all one year post- Alan Stuart rehearing and administrative challenge periods related to water quality and to water quantity, including reservoir levels and Project license alan.stuart@duke - energy.com flow releases, the Licensee shall provide a one -time contribution of $1 million to the South Carolina Department of Natural Resources (SCDNR) to create the Catawba - Wateree Hydroelectric Project Fish and Wildlife Mitigation and Enhancement Fund. Activities eligible for support from this fund will include survey and inventory, research, and population enhancement of fish and wildlife in the Catawba - Wateree River Basin, to include rare, threatened or endangered species; biodiversity protection and enhancement, and environmental outreach programs. Licensee 4.7 Conservation Easement Conditions — The Licensee shall continue to consult with the applicable North Carolina and South Carolina Complete Travis Sinclair resource agencies and any land trusts designated by such agencies to hold the easements to convert the conceptual easement travis.sinclair @duke - energy.com outline in Appendix O into the signature copies of mutually acceptable recordable conservation easements for the applicable properties. The target date for preparing these recordable easements shall be December 31, 2006, except that the easement documents for the North Carolina easements may be modified again after the completion of the associated planning process identified in Paragraph 4.5.2. The easement documents shall be signed by the applicable entities and filed by the Licensee for recording with the applicable local government offices not later than 18 months following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to water quality and to water quantity, including reservoir levels and Project flow releases. The Parties further agree that, if Crescent Resources, LLC, the NCDENR, and the Licensee concur with any modifications of the Conceptual Conservation Easement Outline (Appendix O) for the North Carolina easements resulting from the planning process in Paragraph 4.5.2, and these modifications are not inconsistent with the terms of this Agreement, the Licensee will provide notice to all Parties, and any such modifications to Appendix O will automatically become incorporated as a term of this Agreement. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 4.8 Wateree Spring Stable Flow Periods On -going George Galleher george.galleher @duke- energy.com 4.8.1 The Licensee shall implement a Spring Stable Flow Periods Protocol at the Wateree Development as set forth in this Section 4.8, only if inflows are sufficient to allow implementation without unreasonably affecting the Licensee's operation as determined by the Licensee. 4.8.2 Time Period — Unless operating in accordance with the Low Inflow Protocol or the Maintenance and Emergency Protocol, the Licensee shall endeavor in good faith to provide in each full calendar year for the term of the New License two ten -day periods of stable flow from the Wateree Development. The first ten -day period shall be between February 15 and April 1; the second 10 -day period shall be between April 1 and May 15..... Annual Report — Beginning in January of the second full calendar year of the term of the New License, the Licensee shall provide an January (annual) George Galleher SCDNR 4.8.5 annual report documenting the flow releases from Wateree Development occurring between February 15 and May 15 during the george.galleher @duke - energy.com preceding calendar year to theSCDNR, the USFWS, and the NMFS. The Licensee shall also consult with these agencies in January of each year to review results from the previous spring, to evaluate inflows to Lake Wateree, to identify specific numbers of hydro units to operate for the stable flow release, and to target specific dates for stable flows during the upcoming spring. Licensee 4.8.6 Possible New License Amendment — Ten years after the FWQIP modifications are completed at the Wateree Development, the 10 years post- Licens, Alan Stuart Licensee shall consult with the USFWS, NMFS, and the SCDNR on a proposed license article for the Wateree Spring Stable Flow alan.stuart@duke - energy.com Periods. If the Licensee and these agencies reach consensus on the wording of a proposed license article, the Licensee shall: (i) provide notice to all Parties advising them of the proposed license article and the Licensee's intent to file it with the FERC; and (ii) file the proposed license article with the FERC for approval as an amendment to the New License. All Parties agree that the filing of this proposed license article will not constitute or require modification to this Agreement and that any Party may be involved in the FERC's public process for assessing the article. All Parties agree that, if the Licensee and the USFWS, NMFS and SCDNR are unable to reach consensus on the terms of the proposed license article within 90 days following their initial consultation meeting, then the Parties will not propose a license article addressing Wateree Spring Stable Flow Periods during the term of the New License. SCDNR 4.8.6 Possible New License Amendment — Ten years after the FWQIP modifications are completed at the Wateree Development, the 10 years post- Alan Stuart Licensee shall consult with the USFWS, NMFS, and the SCDNR on a proposed license article for the Wateree Spring Stable Flow license alan.stuart@duke - energy.com Periods. If the Licensee and these agencies reach consensus on the wording of a proposed license article, the Licensee shall: (i) provide notice to all Parties advising them of the proposed license article and the Licensee's intent to file it with the FERC; and (ii) file the proposed license article with the FERC for approval as an amendment to the New License. All Parties agree that the filing of this proposed license article will not constitute or require modification to this Agreement and that any Party may be involved in the FERC's public process for assessing the article. All Parties agree that, if the Licensee and the USFWS, NMFS and SCDNR are unable to reach consensus on the terms of the proposed license article within 90 days following their initial consultation meeting, then the Parties will not propose a license article addressing Wateree Spring Stable Flow Periods during the term of the New License. Licensee 4.9.1 Procedure — Following periods of high natural inflow occurring between February 1 and May 31 that create spill flow conditions at Annual George Galleher Wateree Dam, the Licensee shall endeavor in good faith to operate the Wateree Hydro Station to gradually reduce floodplain george.galleher @duke - energy.com inundation in the Wateree Regulated River Reach to approximate natural inflow conditions until Lake Wateree reservoir level returns to within one foot above or below the Normal Target Elevation, unless the Licensee is operating in accordance with the Maintenance and Emergency Protocol or the Low Inflow Protocol. If the Licensee cannot operate the Project to implement this activity and also maintain the Lake Wateree reservoir level as specified in the proposed Spring Reservoir Level Stabilization Program License Article, then the Licensee shall suspend the Spring Reservoir Level Stabilization Program at Lake Wateree for that calendar year in accordance with Paragraph (B) of the proposed Spring Reservoir Level Stabilization Program License Article. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 4.9.2 Possible New License Amendment — Ten years after the FWQIP modifications are completed at the Wateree Development, the 10 years post- Licens'Alan Stuart Licensee shall consult with the USFWS, NMFS, and the SCDNR on a proposed license article for the Wateree Floodplain alan.stuart@duke - energy.com Inundation. If the Licensee and these agencies reach consensus on the wording of a proposed license article, the Licensee shall: (i) provide notice to all Parties advising them of the proposed license article and the Licensee's intent to file it with the FERC; and (ii) file the proposed license article with the FERC for approval as an amendment to the New License. All Parties agree that the filing of this proposed license article will not constitute or require modification to this Agreement and that any Party may be involved in the FERC's public process for assessing the article. All Parties agree that, if the Licensee and the USFWS, NMFS and SCDNR are unable to reach consensus on the terms of the proposed license article within 90 days following their initial consultation meeting, then the Parties will not propose a license article addressing Wateree Floodplain Inundation during the term of the New License. 10 years post- Alan Stuart SCDNR 4.9.2 Possible New License Amendment — Ten years after the FWQIP modifications are completed at the Wateree Development, the license alan.stuart@duke - energy.com Licensee shall consult with the USFWS, NMFS, and the SCDNR on a proposed license article for the Wateree Floodplain Inundation. If the Licensee and these agencies reach consensus on the wording of a proposed license article, the Licensee shall: (i). provide notice to all Parties advising them of the proposed license article and the Licensee's intent to file it with the FERC; and (ii) file the proposed license article with the FERC for approval as an amendment to the New License. All Parties agree that the filing of this proposed license article will not constitute or require modification to this Agreement and that any Party may be involved in the FERC's public process for assessing the article. All Parties agree that, if the Licensee and the USFWS, NMFS and SCDNR are unable to reach consensus on the terms of the proposed license article within 90 days following their initial consultation meeting, then the Parties will not propose a license article addressing Wateree Floodplain Inundation during the term of the New License. Joe Hall joe.hall2 @duke- energy.com local governments 5.4 Closure or Abandonment of Water Withdrawal Facilities —The Parties agree that, during the term of the New License, before any On -going Large Water Intake facility located within the FERC Project Boundaries is permanently abandoned or closed, the Licensee shall require the entity owning the affected facility to consult with the appropriate resource agencies, the Licensee, and the applicable local' government entities to determine if another entity desires to assume full responsibility for the Large Water Intake facilities located within the FERC Project Boundaries. If, within 180 days following this consultation, the intake owner has not identified another entity that will take full responsibility for management of the intake facility, the Licensee shall require the entity owning the intake to provide, for the Licensee's approval, a written plan to remove or retire the portion of the intake that is inside the FERC Project Boundaries. Licensee 5.2 Voluntary Coordination until Issuance of the New License — The Licensee shall continue to voluntarily coordinate with water users to On -going Joe Hall share the water supply on an informal basis or in accordance with the Existing License and other existing agreements until the joe.ha112 @duke - energy.com issuance of the New License and the closure of all rehearing and administrative challenge periods related to water quality and to water quantity, including Project flow releases and reservoir levels. Closure or Abandonment of Water Withdrawal Facilities — The Parties agree that, during the term of the New License, before any Joe Hall Licensee 5.4 On -going Large Water Intake facility located within the FERC Project Boundaries is permanently abandoned or closed, the Licensee shall joe.ha112 @duke - energy.com require the entity owning the affected facility to consult with the appropriate resource agencies, the Licensee, and the applicable locali government entities to determine if another entity desires to assume full responsibility for the Large Water Intake facilities located within the FERC Project Boundaries. If, within 180 days following this consultation, the intake owner has not identified another entity that will take full responsibility for management of the intake facility, the Licensee shall require the entity owning the intake to provide, for the Licensee's approval, a written plan to remove or retire the portion of the intake that is inside the FERC Project Boundaries. CRA Party CRA CRA Commitment Commitment Date Duke SME Section DMAG 5.4 Closure or Abandonment of Water Withdrawal Facilities — The Parties agree that, during the term of the New License, before any On -going Joe Hall Large Water Intake facility located within the FERC Project Boundaries is permanently abandoned or closed, the Licensee shall joe.ha112 @duke - energy.com require the entity owning the affected facility to consult with the appropriate resource agencies, the Licensee, and the applicable local government entities to determine if another entity desires to assume full responsibility for the Large Water Intake facilities located within the FERC Project Boundaries. If, within 180 days following this consultation, the intake owner has not identified another entity that will take full responsibility for management of the intake facility, the Licensee shall require the entity owning the intake to provide, for the Licensee's approval, a written plan to remove or retire the portion of the intake that is inside the FERC Project Boundaries. Expansion, Modification, and Replacement of Water Intakes — The Parties acknowledge that nothing in this Agreement supersedes Joe Hall Licensee 5.5 On -going the right of any water intake owner to seek FERC authorization to expand, modify, or replace an existing water intake or to add a new joe.ha112 @duke - energy.com water intake located within the FERC Project Boundaries. The Parties agree, however, that water intake owners shall be required to consult directly with the Licensee and at least initiate the Licensee's lake -use permitting process (i.e., provide the Licensee with a substantially complete lake -use permit application and obtain the Licensee's initial comments) prior to seeking FERC authorization, and the Licensee shall respond to a water intake owner's substantially complete application and provide initial comments within 90 days of the submission of such application. If no response is made by the Licensee within 90 days, the water intake owner may directly petition FERC for authorization to expand, modify or replace an existing water intake or to add a new intake. WMG 5.5 Expansion, Modification, and Replacement of Water Intakes — The Parties acknowledge that nothing in this Agreement supersedes On -going Joe Hall the right of any water intake owner to seek FERC authorization to expand, modify, or replace an existing water intake or to add a new joe.ha112 @duke - energy.com water intake located within the FERC Project Boundaries. The Parties agree, however, that water intake owners shall be required to consult directly with the Licensee and at least initiate the Licensee's lake -use permitting process (i.e., provide the Licensee with a substantially complete lake -use permit application and obtain the Licensee's initial comments) prior to seeking FERC authorization, and the Licensee shall respond to a water intake owner's substantially complete application and provide initial comments within 90 days of the submission of such application. If no response is made by the Licensee within 90 days, the water intake owner may directly petition FERC for authorization to expand, modify or replace an existing water intake or to add a new intake. Flows to Support Water Withdrawers — The Parties agree that, except for temporary variances when the Licensee is operating in George Galleher Licensee 5.7.1 On -going accordance with the Maintenance and Emergency Protocol or in accordance with Stage 4 of the Low Inflow Protocol, the Licensee george.galleher @duke - energy.com shall provide flows from Project developments that will meet or exceed the flow requirements in the proposed Flows Supporting Public Water Supply and Industrial Processes License Article except for the 1,000 cfs flow identified in the Article at River Mile 120 (the Bowater Pulp and Paper Mill) which may not be met when operating in Stages 1 through 4 of the Low Inflow Protocol. Cumulative Water Use — The Licensee shall maintain information on cumulative water use from Project reservoirs beginning in 2006 Licensee 5.8.2 On -going Ed Bruce and continuing throughout the term of the New License and shall make the information available to water intake owners and ed.bruce @duke - energy.com governmental agencies upon their request. The Licensee shall require all owners of Large Water Intakes located within the FERC Project Boundaries to report to the Licensee, on an annual basis in million gallons per day (MGD), their average monthly water withdrawals from and flow returns to the Project or its tributary streams that drain to Lake Wateree. The Licensee shall maintain a database of this information including the Licensee's own non -hydro water use records (i.e., water uses due to thermal power generation). These annual withdrawal summaries will be in writing, certified for accuracy by a professional engineer or other appropriate official, and will be provided to the Licensee by January 31 of each year for the preceding calendar year beginning in 2007. This information may be used to determine if future increased water withdrawals would be within the projections of the Water Supply Study conducted during the relicensing process and filed with the FERC as part of the Licensee's Application for New License for the Project. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Large Water Intake 05.8.2 Cumulative Water Use — The Licensee shall maintain information on cumulative water use from Project reservoirs beginning in 2006 On -going Ed Bruce and continuing throughout the term of the New License and shall make the information available to water intake owners and ed.bruce @duke - energy.com governmental agencies upon their request. The Licensee shall require all owners of Large Water Intakes located within the FERC Project Boundaries to report to the Licensee, on an annual basis in million gallons per day (MGD), their average monthly water withdrawals from and flow returns to the Project or its tributary streams that drain to Lake Wateree. The Licensee shall maintain a database of this information including the Licensee's own non -hydro water use records (i.e., water uses due to thermal power generation). These annual withdrawal summaries will be in writing, certified for accuracy by a professional engineer or other appropriate official, and will be provided to the Licensee by January 31 of each year for the preceding calendar year beginning in 2007. This information may be used to determine if future increased water withdrawals would be within the projections of the Water Supply Study conducted during the relicensing process and filed with the FERC as part of the Licensee's Application for New License for the Project. Licensee 5.9.1 Easements and Permits — For the term of the New License, the Licensee shall continue using easements or permit documents as On -going Joe Hall the mechanism for granting its approval for use of Project property for new, Large Water Intakes or modifications to existing Large joe.ha112 @duke - energy.com Water Intakes located within FERC Project Boundaries. The Licensee shall submit lake -use permit applications that are completed in a timely manner and in accordance with its Shoreline Management Guidelines to the FERC when necessary. Licensee 5.9.2 Term and Key Provisions for Easements and Permits — The Parties acknowledge that the term for easements or permits for Large On -going Joe Hall Water Intakes executed after January 1, 2006, shall be the term of the New License, unless a shorter term is required by the joe.ha112 @duke - energy.com Licensee or is specified by a FERC order to adequately address issues raised during the lake -use permit application process. The Licensee also agrees to negotiate in good faith with applicants for Large Water Intake approvals within the FERC Project Boundaries whose applications are received by the Licensee late during the term of the New License (e.g., final ten years) to identify any mutually agreeable easement or permit conditions that will provide the Large Water Intake Owner with adequate assurance, within the Licensee's ability to provide such assurance, that their intake facility, if approved by the Licensee, will be able to continue operation beyond the term of the New License. The Parties further agree that easements or permits for Large Water Intakes executed after January 1, 2006, shall not contain any provision that is inconsistent with the following provisions... Term and Key Provisions for Easements and Permits — The Parties acknowledge that the term for easements or permits for Large Joe Hall Large Water Intake 5.9.2 On -going Owners Water Intakes executed after January 1, 2006, shall be the term of the New License, unless a shorter term is required by the joe.ha112 @duke - energy.com Licensee or is specified by a FERC order to adequately address issues raised during the lake -use permit application process. The Licensee also agrees to negotiate in good faith with applicants for Large Water Intake approvals within the FERC Project Boundaries whose applications are received by the Licensee late during the term of the New License (e.g., final ten years) to identify any mutually agreeable easement or permit conditions that will provide the Large Water Intake Owner with adequate assurance, within the Licensee's ability to provide such assurance, that their intake facility, if approved by the Licensee, will be able to continue operation beyond the term of the New License. The Parties further agree that easements or permits for Large Water Intakes executed after January 1, 2006, shall not contain any provision that is inconsistent with the following provisions... Large Water Intake 5.9.4 Large Water Intakes that are not in Compliance — The Licensee agrees and the other Parties acknowledge that any Party owning a Joe Hall Owners Large Water Intake that is not in substantial compliance with its existing easement or permit agreement with the Licensee or any joe.ha112 @duke - energy.com associated FERC orders shall modify the intake, execute or revise an easement /permit, or take other actions needed to achieve compliance in a timely manner. The Licensee shall inform the Large Water Intake owner about the substantial non - compliance and shall meet promptly with the Large Water Intake owner to determine if the non - compliance actually exists and to discuss the specific steps that must be taken to achieve compliance. The Licensee shall provide a reasonable time to comply with an agreed -upon remedial plan, if it is determined that there is non - compliance. The Large Water Intake owner shall complete the applicable portions of the lake -use permitting process (potentially including FERC review) prior to modifying the facility or executing the easement or permit. The Large Water Intake owner shall complete the applicable portions of the lake -use permit application and provide it to the Licensee within 90 days after notice of non - compliance is received by the intake owner, unless an alternative, mutually acceptable time period is negotiated. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Large Water Intake 5.9.5 Large Water Intakes with no Easements or Permits from the Licensee — Any Party owning a Large Water Intake that is located within Joe Hall Owners a Project reservoir that does not have an executed easement or permit from the Licensee, or otherwise have a valid claim of right joe.ha112 @duke - energy.com pursuant to a deed, easement, permit or other authorization, shall obtain a new easement/permit to reach compliance in a timely manner. Prior to exercising any rights under this provision, the Licensee shall notify the Large Water Intake owner and provide an opportunity to negotiate such easement or permit. The Large Water Intake owner shall complete any applicable portions of the lake - use permitting process (potentially including FERC review) prior to obtaining the easement or permit, and the Licensee shall act promptly and reasonably in responding to the intake owner's need for a new easement or permit, including the filing of such application to the FERC, to allow water to be withdrawn and /or the provision of facilities as needed by the public. The Large Water Intake owner shall complete the applicable portions of the lake -use permit application and provide it to the Licensee within 90 days after notice is received by the intake owner, unless an alternative, mutually acceptable time period is negotiated. Large Water Intake 5.10.1 Parties that are owners of Large Water Intakes, including the Licensee, shall convene before or during January 2007 to form a Complete Ed Bruce Owners voluntary organization called the Catawba - Wateree Basin Water Management Group (WMG) to pursue initiatives that improve water ed.bruce @duke - energy.com and energy conservation, drought management, and water quality in the Catawba - Wateree River Basin. (See Appendix N for the recommended description of the WMG.) All Eligible Participants (see Appendix N) will be invited to participate in the WMG and, as provided below, to participate in its benefits and responsibilities. Parties that are owners of Large Water Intakes, including the Licensee, shall convene before or during January 2007 to form a Complete WMG 5.10.1 Ed Bruce voluntary organization called the Catawba - Wateree Basin Water Management Group (WMG) to pursue initiatives that improve water ed.bruce @duke - energy.com and energy conservation, drought management, and water quality in the Catawba - Wateree River Basin. (See Appendix N for the recommended description of the WMG.) All Eligible Participants (see Appendix N) will be invited to participate in the WMG and, as provided below, to participate in its benefits and responsibilities. Large Water Intake 5.10.7 The Parties to this Agreement that are also Eligible Participants for the WMG as identified in Appendix N agree to consider On -going Ed Bruce Owners becoming and remaining members in Good Standing of the WMG for the term of the New License, regardless of whether or not they ed.bruce @duke - energy.com remain a Party to this Agreement. The Parties to this Agreement that are also Eligible Participants for the WMG as identified in Appendix N agree to consider WMG 5.10.7 On -going Ed Bruce becoming and remaining members in Good Standing of the WMG for the term of the New License, regardless of whether or not they ed.bruce @duke - energy.com remain a Party to this Agreement. Licensee 6.4 Revising the LIP — The Parties agree that, during the term of the New License, the Catawba - Wateree Drought Management Advisoryy 5 years post- License Ed Bruce Group (CW -DMAG) shall evaluate and revise the LIP periodically to ensure continuous improvement of the LIP and its ed.bruce @duke - energy.com implementation. These evaluations and revisions will be considered at least once every five (5) years during the New License term. Revisions must be approved by a consensus of the participating CW -DMAG members. If the participating members cannot reach consensus, then the dispute resolution procedures set forth in Section 31.0 of this Agreement shall apply. Approved revisions will be incorporated through revision of the LIP and the Licensee shall file the revised LIP with the FERC. If any revisions of the LIP require amendment of the New License, the Licensee shall: (i) provide notice to all Parties advising them of the proposed license article amendment and the Licensee's intent to file it with the FERC; (ii) submit the revision request to the North Carolina Division of Water Quality (NCDWQ) and /or the South Carolina Department of Health and Environmental Control (SCDHEC) for formal review and approval as may be required by any reopener conditions of the respective state's 401 Water Quality Certification for the Project; and (iii) file a license amendment request for FERC approval. During this process, the CW -DMAG may appoint ad hoc committees to address issues and revisions relevant to the LIP. All Parties agree that the filing of a revised LIP by the Licensee will not constitute or require modification to this Agreement and that any Party may be involved in the FERC's public process for assessing the revised LIP. CRA Party CRA CRA Commitment Commitment Date Duke SME Section DMAG 6.4 Revising the LIP — The Parties agree that, during the term of the New License, the Catawba - Wateree Drought Management Advisory 5 years post- License Ed Bruce Group (CW -DMAG) shall evaluate and revise the LIP periodically to ensure continuous improvement of the LIP and its ed.bruce @duke - energy.com implementation. These evaluations and revisions will be considered at least once every five (5) years during the New License term. Revisions must be approved by a consensus of the participating CW -DMAG members. If the participating members cannot reach consensus, then the dispute resolution procedures set forth in Section 31.0 of this Agreement shall apply. Approved revisions will be incorporated through revision of the LIP and the Licensee shall file the revised LIP with the FERC. If any revisions of the LIP require amendment of the New License, the Licensee shall: (i) provide notice to all Parties advising them of the proposed license article amendment and the Licensee's intent to file it with the FERC; (ii) submit the revision request to the North Carolina Division of Water Quality (NCDWQ) and /or the South Carolina Department of Health and Environmental Control (SCDHEC) for formal review and approval as may be required by any reopener conditions of the respective state's 401 Water Quality Certification for the Project; and (iii) file a license amendment request for FERC approval. During this process, the CW -DMAG may appoint ad hoc committees to address issues and revisions relevant to the LIP. All Parties agree that the filing of a revised LIP by the Licensee will not constitute or require modification to this Agreement and that any Party may be involved in the FERC's public process for assessing the revised LIP. Licensee 6.5 CW -DMAG Meeting Summaries — The Licensee shall prepare meeting summaries of all CW -DMAG meetings and shall make these On -going Ed Bruce meeting summaries available to the public by posting on its Web site. ed.bruce @duke - energy.com Large Water Intake 6.6 Drought Response Plan Updates — All Large Water Intake Owners shall review and update their Drought Response Plans or Complete Ed Bruce Owners Ordinances (or develop a plan or ordinance if they do not have one) by June 30, 2007 and within 180 days following the acceptance ed.bruce @duke - energy.com by the FERC of any future LIP revisions during the term of the New License to ensure compliance and coordination with the LIP, including the authority to enforce the provisions outlined herein, provided that the requirements of the LIP are not inconsistent with state law. Licensee 7.3 Revising the MEP — The Licensee shall review the requirements of the MEP each time it is used and shall consult with the On -going Mark Oakley organizations listed in the MEP if the Licensee determines that revisions are warranted. The Licensee shall file the revised MEP with mark.oakley @duke- energy.com the FERC, including filing a license amendment request if the Licensee determines that the amendment is needed. If any revisions of the MEP require amendment of the New License, the Licensee shall provide notice to all Parties advising them of the proposed license article amendment prior to filing the license amendment request for FERC approval. All Parties agree that the filing of a revised MEP by the Licensee will not constitute or require modification to this Agreement and that any Party may be involved in the FERC's public process for assessing the revised MEP. Licensee 8.2 Unless noted otherwise, the Licensee shall provide the information described in this Section 8.0 beginning within 180 days following 180 days post- licens( Travis Sinclair the FERC's issuance of the New License and closure of all rehearing and administrative challenge periods related to public travis.sinclair @duke - energy.com information and continuing throughout the term of the New License. Licensee 8.3 The Licensee shall provide public information in English and universal signage (with symbols), unless otherwise specified herein. On -going Travis Sinclair travis.sinclair @duke - energy.com Licensee 8.4 The Licensee shall provide an annual media advisory for newspaper editors to consider for publication to promote public awareness Annual Travis Sinclair about the Web site and phone line described in the proposed Public Information License Article. travis.sinclair @duke - energy.com Licensee 8.5 Reservoir Level Information — In addition to and on the same schedule as the information listed in the proposed Public Information On -going George Galleher License Article, the Licensee shall provide the following information about reservoir levels.... george.galleher @duke- energy.com Licensee 8.6 River Flow Information — In addition to and on the same schedule as the information listed in the proposed Public Information On -going George Galleher License Article, the Licensee shall provide the following information about Project flow releases into Regulated River Reaches.... george.galleher @duke - energy.com Licensee 8.7 Public Recreation Facility Information — The Licensee shall provide information to the public to support safe and effective use of On -going Travis Sinclair public recreation facilities at the Project including appropriate signage at Project access areas. This information will be available in travis.sinclair @duke - energy.com print as well as on the Licensee's Web site. This information will include, but will not necessarily be limited to, the following for public recreation facilities owned by the Licensee, as well as for many of those not owned by the Licensee... CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 8.8 Historic Canoe Trail Map — The Licensee shall develop a historic canoe trail map of the South Carolina portion of the Catawba River. Complete Christy Churchill The canoe trail map will begin at the Ft. Mill Access Area and end at the lower take -out at Landsford Canal State Park or the christy.churchill @duke - energy.com Highway 9 Bridge. The canoe trail map will be developed in consultation with the Catawba Indian Nation Tribal Historic Preservation Office, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Archives and History, local governments, and others identified by the Licensee in consultation with these entities. The map will be completed and made available for public distribution within three years following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to public information. CIN THPO 8.8 Historic Canoe Trail Map — The Licensee shall develop a historic canoe trail map of the South Carolina portion of the Catawba River. Complete Christy Churchill The canoe trail map will begin at the Ft. Mill Access Area and end at the lower take -out at Landsford Canal State Park or the christy.churchill @duke - energy.com Highway 9 Bridge. The canoe trail map will be developed in consultation with the Catawba Indian Nation Tribal Historic Preservation Office, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Archives and History, local governments, and others identified by the Licensee in consultation with these entities. The map will be completed and made available for public distribution within three years following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to public information. SCDAH 8.8 Historic Canoe Trail Map — The Licensee shall develop a historic canoe trail map of the South Carolina portion of the Catawba River. Complete Christy Churchill The canoe trail map will begin at the Ft. Mill Access Area and end at the lower take -out at Landsford Canal State Park or the christy.churchill @duke - energy.com Highway 9 Bridge. The canoe trail map will be developed in consultation with the Catawba Indian Nation Tribal Historic Preservation Office, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Archives and History, local governments, and others identified by the Licensee in consultation with these entities. The map will be completed and made available for public distribution within three years following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to public information. SCDPRT 8.8 Historic Canoe Trail Map — The Licensee shall develop a historic canoe trail map of the South Carolina portion of the Catawba River. Complete Christy Churchill The canoe trail map will begin at the Ft. Mill Access Area and end at the lower take -out at Landsford Canal State Park or the christy.churchill @duke - energy.com Highway 9 Bridge. The canoe trail map will be developed in consultation with the Catawba Indian Nation Tribal Historic Preservation Office, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Archives and History, local governments, and others identified by the Licensee in consultation with these entities. The map will be completed and made available for public distribution within three years following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to public information. York County, SC 8.8 Historic Canoe Trail Map — The Licensee shall develop a historic canoe trail map of the South Carolina portion of the Catawba River. Complete Christy Churchill The canoe trail map will begin at the Ft. Mill Access Area and end at the lower take -out at Landsford Canal State Park or the christy.churchill @duke - energy.com Highway 9 Bridge. The canoe trail map will be developed in consultation with the Catawba Indian Nation Tribal Historic Preservation Office, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Archives and History, local governments, and others identified by the Licensee in consultation with these entities. The map will be completed and made available for public distribution within three years following the issuance of the New License and the closure of all rehearing and administrative challenge periods related to public information. Licensee 8.9 Recreation Reports — The Licensee shall make the biennial Recreation Activities Status Reports (see Paragraph 10.20.1) and the On -going Travis Sinclair FERC Form 80 Reports (see Paragraph 10.20.2) available on its Web site. travis.sinclair @duke - energy.com Licensee 8.10 CW DMAG Meeting Summaries — The Licensee shall make the meeting summaries for the Catawba - Wateree Drought Management On -going Ed Bruce Advisory Group (as identified in Paragraph 6.5) available on its Web site. ed.bruce @duke- energy.com Licensee 8.11.1 Warning Devices — The Licensee shall maintain the appropriate warning devices for Project structures that it owns in accordance On -going Travis Sinclair with its FERC Public Safety Plans as may be modified from time -to -time throughout the term of the New License. travis.sinclair @duke - energy.com Licensee 8.11.2 Spanish Language Signage — In addition to signage in English and any universal symbols, the Licensee shall install signage written On -going Travis Sinclair in Spanish in the tailrace areas to warn Spanish- speaking people of the potential for rapidly rising water. This Spanish signage will travis.sinclair @duke - energy.com be installed within one year following the FERC's acceptance of the revised Public Safety Plans. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 8.11.3 Horns at Bridgewater and Oxford — The Licensee shall modify its existing horns or install new horns at the Bridgewater and Oxford 1 year post - license Travis Sinclair developments to improve warnings of changes in river flow due to hydro station operation provided to users of the Bridgewater travis.sinclair @duke - energy.com Access Area and Catawba County's Riverbend Park. The Bridgewater modification will be completed during the powerhouse replacement with a new powerhouse or valve system. The Oxford modification will be completed within one year following the FERC's acceptance of the revised Public Safety Plans. Catawba County 8.11.4 Riverbend Park Warning System — Additionally, the Licensee shall fund, install and maintain the warning system in the vicinity of 1 year post - license Travis Sinclair Catawba County's Riverbend Park as part of the FERC Public Safety Plan. The Licensee shall consult with the park staff at travis.sinclair @duke - energy.com Riverbend Park to help determine the best location that balances benefits to river users with maintenance and operational needs. Following consultation with the park staff at Riverbend Park, the Licensee will revise its Public Safety Plan and submit it to the FERC for acceptance prior to making the physical changes. The physical changes will be made within one year following the FERC's acceptance of the revised Public Safety Plan. Licensee 8.11.4 Riverbend Park Warning System — Additionally, the Licensee shall fund, install and maintain the warning system in the vicinity of 1 year post - license Travis Sinclair Catawba County's Riverbend Park as part of the FERC Public Safety Plan. The Licensee shall consult with the park staff at travis.sinclair @duke - energy.com Riverbend Park to help determine the best location that balances benefits to river users with maintenance and operational needs. Following consultation with the park staff at Riverbend Park, the Licensee will revise its Public Safety Plan and submit it to the FERC for acceptance prior to making the physical changes. The physical changes will be made within one year following the FERC's acceptance of the revised Public Safety Plan. Licensee 8.11.5 Public Safety Plan Revisions — The Licensee shall revise its Public Safety Plans to incorporate the Spanish signage and the warning Complete Travis Sinclair system improvements at the Bridgewater and Oxford developments and file the Plans with the FERC for their acceptance by travis.sinclair @duke - energy.com December 31, 2007. The Licensee shall also incorporate in these revised Plans any changes necessary to implement the facility exclusion zones specified in Paragraph 14.1. Licensee 8.11.7 Demographic Changes — At least every ten years after the FERC's issuance of the New License and the closure of all rehearing and 10 years post- Travis Sinclair administrative challenge periods related to public information for the term of the New License, the Licensee shall consult with local license travis.sinclair @duke - energy.com governments, state demographers, and marine commissions to identify any demographic changes that may require additional languages for signage. Based on that consultation, the Licensee will determine any signage modifications that are necessary and will incorporate those changes into its FERC Public Safety Plans. The Licensee shall implement any signage modifications within one year following FERC's acceptance of the Public Safety Plan revisions. local governments 8.11.7 Demographic Changes — At least every ten years after the FERC's issuance of the New License and the closure of all rehearing and 10 years post- Travis Sinclair administrative challenge periods related to public information for the term of the New License, the Licensee shall consult with local license travis.sinclair @duke - energy.com governments, state demographers, and marine commissions to identify any demographic changes that may require additional languages for signage. Based on that consultation, the Licensee will determine any signage modifications that are necessary and will incorporate those changes into its FERC Public Safety Plans. The Licensee shall implement any signage modifications within one year following FERC's acceptance of the Public Safety Plan revisions. Licensee On -going Travis Sinclair 8.12 Emergency Public Information — When requested, the Licensee shall provide links, with advisory topic titles, to local and state government and marine commission Web sites that provide advisories related to reservoir or river - related issues such as boating travis.sinclair @duke - energy.com safety, swimming advisories, or fish consumption advisories in the special message sections of its Web site. Government agencies desiring to have such links must provide phone and email contacts to the Licensee and must register with the appropriate Licensee personnel. Licensee Responsibilities for Emergency Notifications — When providing emergency notifications to government agencies in accordance with George Galleher 8.13 On -going the Emergency Action Plan filed with the FERC, the Licensee shall be responsible for the timely and accurate dissemination of these george.galleher @duke - energy.com notifications. Government agencies, however, will remain responsible for the accuracy of their advisories and for ensuring that their advisories are updated or removed as appropriate. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 8.14 High Water Conditions On -going George Galleher george.galleher @duke - energy.com 8.14.1 Within 60 days following issuance of the New License, the Licensee shall provide special messages on its Web site and toll - free telephone system about reservoir level information addressing high water conditions as defined in the MEP. During the time in which any Project reservoir's level is above full pond elevation and rising, this information will include projections for reservoir level crest range, time estimates for cresting, and high water updates approximately every six hours. The Licensee's Web site and toll -free telephone system will also explain that, depending on the location on the reservoir, water elevations could be substantially above (e.g., five feet or more) levels recorded at the dam. A generic graphical description demonstrating this variance will be provided on the Licensee's Web site. 8.14.2 When providing high water notifications to government agencies, in the event that the Licensee gets a bounce -back e-mail or a phone line is busy, the Licensee shall keep trying until they contact a primary or secondary contact. Licensee 8.15 Public Communications Technology Reviews — The Parties agree that technology used to provide public communication should be 5 years post- License Mark Oakley reviewed during the term of the New License. Therefore, at least every five years after the FERC's issuance of the New License and mark.oakley @duke - energy.com the closure of all rehearing and administrative challenge periods related to public information for the term of the New License, the Licensee shall review its use of phone and Web -based communication to determine if new, commonly accepted, reliable and cost - effective technologies should be added to or replace its communications tools. Licensee 8.16 List of Parties for Notice — For the term of the New License, the Licensee shall maintain the official list of Parties for the purpose of On -going Mark Oakley giving notice under this Agreement (see Section 29.0) and make the list available to the other Parties via its Web site and other mark.oakley @duke- energy.com appropriate means. Licensee 9.2.1.2 Categorical Exclusions — The Licensee, in consultation with the appropriate State Historic Preservation Offices (SHPOs), shall Complete Christy Churchill develop a listing of Categorical Exclusions for activities associated with the maintenance of the dams, modifications to the christy.churchill @duke - energy.com powerhouses, and modifications to equipment and support structures necessary to operate the hydro stations. SCDAH 9.2.1.2 Categorical Exclusions — The Licensee, in consultation with the appropriate State Historic Preservation Offices (SHPOs), shall Complete Christy Churchill develop a listing of Categorical Exclusions for activities associated with the maintenance of the dams, modifications to the christy.churchill @duke - energy.com powerhouses, and modifications to equipment and support structures necessary to operate the hydro stations. Licensee 9.2.1.3 SHPO Consultation — In the event that the Licensee plans activities at Project Historic Hydroelectric Structures that are not On -going Christy Churchill Categorical Exclusions, the Licensee shall consult with the appropriate SHPO to identify an appropriate course of action. christy.churchill @duke - energy.com SCDAH 9.2.1.3 SHPO Consultation — In the event that the Licensee plans activities at Project Historic Hydroelectric Structures that are not On -going Christy Churchill Categorical Exclusions, the Licensee shall consult with the appropriate SHPO to identify an appropriate course of action. christy.churchill @duke- energy.com CIN THPO 9.2.1.4 THPO Consultation — The Licensee shall consult with the Catawba Indian Nation (CIN) Tribal Historic Preservation Office (THPO) On -going Christy Churchill regarding proposed alterations of Historic Hydroelectric Structures only if ground- disturbing activities are associated with the christy.churchill @duke - energy.com proposed activity. Licensee 9.2.1.4 THPO Consultation — The Licensee shall consult with the Catawba Indian Nation (CIN) Tribal Historic Preservation Office (THPO) On -going Christy Churchill regarding proposed alterations of Historic Hydroelectric Structures only if ground- disturbing activities are associated with the christy.churchill @duke - energy.com proposed activity. Licensee 9.2.1.5 Cowans Ford NRHP Eligibility — The Licensee, in consultation with the North Carolina SHPO, shall reassess the National Register of 2015 Christy Churchill Historic Places (NRHP) eligibility of the Cowans Ford Development in Year 2015. christy.churchill @duke - energy.com CIN THPO 9.22.1 Monitoring — The Licensee shall establish a monitoring program in consultation with the SHPOs and CIN THPO to monitor On -going Christy Churchill archaeological sites located within the FERC Project Boundaries that are Historic Properties (HP). christy.churchill @duke - energy.com Licensee 9.22.1 Monitoring — The Licensee shall establish a monitoring program in consultation with the SHPOs and CIN THPO to monitor On -going Christy Churchill archaeological sites located within the FERC Project Boundaries that are Historic Properties (HP). christy.churchill @duke - energy.com SCDAH 9.22.1 Monitoring — The Licensee shall establish a monitoring program in consultation with the SHPOs and CIN THPO to monitor On -going Christy Churchill archaeological sites located within the FERC Project Boundaries that are Historic Properties (HP). christy.churchill @duke - energy.com CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 9.2.2.2 Artifact Collecting — The Licensee shall not authorize artifact collecting within the FERC Project Boundaries and, as requested by On -going Christy Churchill state and local law enforcement personnel, shall cooperate to deter such artifact collecting and to prosecute offenders. Artifacts christy.churchill @duke - energy.com include both pre- contact resources such as, but not limited to, points, potsherds, and worked stone, as well as historic period resources such as ceramics, glass, and foundation stones. CIN THPO 9.2.2.3 Large, Extended Drawdowns — The Licensee shall enter into consultation with the appropriate SHPO and THPOs to identify needed On -going Christy Churchill actions to protect archaeological and historic sites that might be exposed if large, extended drawdowns of Project reservoirs are christy.churchill @duke - energy.com planned. Licensee 9.2.2.3 Large, Extended Drawdowns — The Licensee shall enter into consultation with the appropriate SHPO and THPOs to identify needed On -going Christy Churchill actions to protect archaeological and historic sites that might be exposed if large, extended drawdowns of Project reservoirs are christy.churchill @duke - energy.com planned. SCDAH 9.2.2.3 Large, Extended Drawdowns— The Licensee shall enter into consultation with the appropriate SHPO and THPOs to identify needed On -going Christy Churchill actions to protect archaeological and historic sites that might be exposed if large, extended drawdowns of Project reservoirs are christy.churchill @duke - energy.com planned. CIN THPO 9.2.2.4 Confidentiality of Site Locations — The Licensee shall not provide information about the location of archaeological and historic sites On -going Christy Churchill within the FERC Project Boundaries, except to the SHPOs and THPOs. However, the Licensee may provide location information, christy.churchill @duke - energy.com after consulting with the SHPO and THPOs, to adjoining landowners requesting lake use permits. Licensee 9.2.2.4 Confidentiality of Site Locations — The Licensee shall not provide information about the location of archaeological and historic sites On -going Christy Churchill within the FERC Project Boundaries, except to the SHPOs and THPOs. However, the Licensee may provide location information, christy.churchill @duke - energy.com after consulting with the SHPO and THPOs, to adjoining landowners requesting lake use permits. SCDAH 9.2.2.4 Confidentiality of Site Locations — The Licensee shall not provide information about the location of archaeological and historic sites On -going Christy Churchill within the FERC Project Boundaries, except to the SHPOs and THPOs. However, the Licensee may provide location information, christy.churchill @duke - energy.com after consulting with the SHPO and THPOs, to adjoining landowners requesting lake use permits. Christy Churchill CIN THPO 9.2.2.5 On -going Consultation during Lake Use Permitting — The Licensee shall implement the requirements for consultation with the SHPOs and the christy.churchill @duke - energy.com THPOs and other HP protection measures identified in the revised Shoreline Management Guidelines (SMG) (see Appendix J). Licensee 9.2.2.5 On -going Christy Churchill Consultation during Lake Use Permitting — The Licensee shall implement the requirements for consultation with the SHPOs and the christy.churchill @duke - energy.com THPOs and other HP protection measures identified in the revised Shoreline Management Guidelines (SMG) (see Appendix J). SCDAH 9.2.2.5 Consultation during Lake Use Permitting — The Licensee shall implement the requirements for consultation with the SHPOs and the On -going Christy Churchill THPOs and other HP protection measures identified in the revised Shoreline Management Guidelines (SMG) (see Appendix J). christy.churchill @duke - energy.com CIN THPO 9.2.2.6 The Licensee shall continue to consult with the SHPOs and THPOs on future revisions to the Shoreline Management Plan (SMP) On -going Christy Churchill and SMG to ensure that HP are appropriately considered. christy.churchill @duke- energy.com Licensee 9.2.2.6 The Licensee shall continue to consult with the SHPOs and THPOs on future revisions to the Shoreline Management Plan (SMP) On -going Christy Churchill and SMG to ensure that HP are appropriately considered. christy.churchill @duke- energy.com SCDAH 9.2.2.6 The Licensee shall continue to consult with the SHPOs and THPOs on future revisions to the Shoreline Management Plan (SMP) On -going Christy Churchill and SMG to ensure that HP are appropriately considered. christy.churchill @duke- energy.com CIN THPO 9.2.2.7 Protecting Newly Discovered Historic Properties — The Licensee shall consult with the appropriate SHPO and THPO to develop On -going Christy Churchill management plans for any newly discovered HP located within the FERC Project Boundaries during the term of the New License. christy.churchill @duke- energy.com Such plans may include modifying the SMP shoreline classification maps in consultation with the SHPOs and THPOs as described in Section 12.0. Licensee 9.2.2.7 Protecting Newly Discovered Historic Properties — The Licensee shall consult with the appropriate SHPO and THPO to develop On -going Christy Churchill management plans for any newly discovered HP located within the FERC Project Boundaries during the term of the New License. christy.churchill @duke- energy.com Such plans may include modifying the SMP shoreline classification maps in consultation with the SHPOs and THPOs as described in Section 12.0. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDAH 9.2.2.7 Protecting Newly Discovered Historic Properties — The Licensee shall consult with the appropriate SHPO and THPO to develop On -going Christy Churchill management plans for any newly discovered HP located within the FERC Project Boundaries during the term of the New License. christy.churchill @duke - energy.com Such plans may include modifying the SMP shoreline classification maps in consultation with the SHPOs and THPOs as described in Section 12.0. Licensee 9.2.2.8 Management Plans — The Licensee shall implement site - specific management plans as described in Section 9.3 for sites 38CS235, On -going Christy Churchill 38CS307, 31 BK427 ", 38CS321, 38CS339, 38YK427, 38LA475, and the Overmountain Victory National Historic Trail. christy.churchill @duke - energy.com CIN THPO 9.2.3.1 The Licensee shall develop both a Web site and printed material for distribution to the public providing information about the history 5 years post - license Christy Churchill of the Project area, the history of the Catawba - Wateree Project, and the importance of not disturbing archeological and historic christy.churchill @duke - energy.com resources. This information shall be developed in consultation with the SHPOs and the THPOs within the first five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources. The Licensee shall also provide this information to museums and cultural centers when requested. Licensee 9.2.3.1 The Licensee shall develop both a Web site and printed material for distribution to the public providing information about the history 5 years post - license Christy Churchill of the Project area, the history of the Catawba - Wateree Project, and the importance of not disturbing archeological and historic christy.churchill @duke - energy.com resources. This information shall be developed in consultation with the SHPOs and the THPOs within the first five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources. The Licensee shall also provide this information to museums and cultural centers when requested. SCDAH 9.2.3.1 The Licensee shall develop both a Web site and printed material for distribution to the public providing information about the history 5 years post - license Christy Churchill of the Project area, the history of the Catawba - Wateree Project, and the importance of not disturbing archeological and historic christy.churchill @duke - energy.com resources. This information shall be developed in consultation with the SHPOs and the THPOs within the first five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources. The Licensee shall also provide this information to museums and cultural centers when requested. Licensee 9.2.3.2 The Licensee shall provide informational signs about the Project Historic Hydroelectric Structures within the first five years following Complete Christy Churchill issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources. christy.churchill @duke - energy.com CIN THPO 9.2.5 Culturally Significant Plant Species — The Licensee shall consult with the CIN THPO to locate populations of culturally significant Not specified Christy Churchill plants identified during relicensing studies within the FERC Project Boundaries. When such plants are located on Project lands that christy.churchill @duke - energy.com are owned by the Licensee, the Licensee shall provide access to tribal members for harvesting of such plants as long as these activities are not inconsistent with law or the Species Protection Plans described in Section 11.0. Licensee 9.2.5 Culturally Significant Plant Species — The Licensee shall consult with the CIN THPO to locate populations of culturally significant Not specified Christy Churchill plants identified during relicensing studies within the FERC Project Boundaries. When such plants are located on Project lands that christy.churchill @duke - energy.com are owned by the Licensee, the Licensee shall provide access to tribal members for harvesting of such plants as long as these activities are not inconsistent with law or the Species Protection Plans described in Section 11.0. CIN THPO 9.3.1 Site 38CS235 (Fishing Creek Development) — Following issuance of the New License and the closure of all rehearing and Not specified Christy Churchill administrative challenge periods related to cultural resources, the Licensee shall offer to lease this sacred site to the CIN THPO at christy.churchill @duke - energy.com nominal cost for the term of the New License. During the term of the lease, the Licensee shall provide $15,000 total per year to the CIN THPO to support monitoring of the site. In the event that individuals are apprehended looting the site, the Licensee shall support the prosecution of the offenders. In the event that the CIN does not enter into a lease agreement with the Licensee or if the lease agreement is terminated for any reason during the term of the New License, the Licensee shall not be obligated to pay the above - mentioned funding to the CIN and shall consult with the South Carolina SHPO and the CIN THPO to develop an alternative, mutually agreeable management plan. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 9.3.1 Site 38CS235 (Fishing Creek Development) — Following issuance of the New License and the closure of all rehearing and Not specified Christy Churchill administrative challenge periods related to cultural resources, the Licensee shall offer to lease this sacred site to the CIN THPO at christy.churchill @duke - energy.com nominal cost for the term of the New License. During the term of the lease, the Licensee shall provide $15,000 total per year to the CIN THPO to support monitoring of the site. In the event that individuals are apprehended looting the site, the Licensee shall support the prosecution of the offenders. In the event that the CIN does not enter into a lease agreement with the Licensee or if the lease agreement is terminated for any reason during the term of the New License, the Licensee shall not be obligated to pay the above - mentioned funding to the CIN and shall consult with the South Carolina SHPO and the CIN THPO to develop an alternative, mutually agreeable management plan. Licensee 9.3.2.1 Conservation Easement — The Licensee shall place a permanent conservation easement on the armory site to be held by a South contingent upon Christy Churchill Carolina state agency. SCDPRT shall hold the easement, contingent upon SCDPRT entering into an Access Area Improvement SCDPRT christy.churchill @duke - energy.com Initiative (AAII) lease of Dearborn Island. The easement shall be established during the first five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and recreation. In the event that SCDPRT does not enter into an AAII lease of Dearborn Island, the SCDNR shall hold the easement. SCDNR 9.3.2.1 Conservation Easement — The Licensee shall place a permanent conservation easement on the armory site to be held by a South 'contingent upon Christy Churchill Carolina state agency. SCDPRT shall hold the easement, contingent upon SCDPRT entering into an Access Area Improvement SCDPRT christy.churchill @duke - energy.com Initiative (AAII) lease of Dearborn Island. The easement shall be established during the first five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and recreation. In the event that SCDPRT does not enter into an AAII lease of Dearborn Island, the SCDNR shall hold the easement. Conservation Easement — The Licensee shall place a permanent conservation easement on the armory site to be held by a South 5 years post - license SCDPRT 9.3.2.1 Christy Churchill Carolina state agency. The South Carolina Department of Parks, Recreation and Tourism (SCDPRT) shall hold the easement, christy.churchill @duke - energy.com contingent upon SCDPRT entering into an Access Area Improvement Initiative (AAII) lease of Dearborn Island. The easement shall be established during the first five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and recreation. In the event that SCDPRT does not enter into an AAII lease of Dearborn Island, the South Carolina Department of Natural Resources ( SCDNR) shall hold the easement. NRHP Nomination — SCDPRT, the South Carolina Department of Archives and History ( SCDAH), and the Licensee shall work 5 years post - license Christy Churchill Licensee 9.3.2.2 cooperatively to develop a NRHP nomination for Dearborn Armory no later than five years following issuance of the New License christy.churchill @duke - energy.com and the closure of all rehearing and administrative challenge periods related to cultural resources. SCDAH 9.3.2.2 NRHP Nomination — SCDPRT, the South Carolina Department of Archives and History ( SCDAH), and the Licensee shall work 5 years post - license Christy Churchill cooperatively to develop a NRHP nomination for Dearborn Armory no later than five years following issuance of the New License christy.churchill @duke - energy.com and the closure of all rehearing and administrative challenge periods related to cultural resources. NRHP Nomination — SCDPRT, the South Carolina Department of Archives and History ( SCDAH), and the Licensee shall work SCDPRT 9.3.2.2 5 years post - license Christy Churchill cooperatively to develop a NRHP nomination for Dearborn Armory no later than five years following issuance of the New License christy.churchill @duke - energy.com and the closure of all rehearing and administrative challenge periods related to cultural resources. Licensee 9.3.2.3 Site Management Plan — Provided that SCDPRT enters into an AAII lease of Dearborn Island, SCDPRT shall consult with the 5 years post - license Christy Churchill SCDAH to develop a site management plan consistent with the goals of protecting the site and educating the public about the history christy.churchill @duke - energy.com of the Dearborn Armory. During the first five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and recreation, the Licensee shall provide funding not to exceed $50,000 to SCDPRT to support the development of this plan, including archaeological investigations of the armory site. During the second five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and recreation, the Licensee shall provide additional funding not to exceed $50,000 to SCDPRT to assist in the implementation of the management plan. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDAH 9.3.2.3 Site Management Plan — Provided that SCDPRT enters into an AAII lease of Dearborn Island, SCDPRT shall consult with the 5 years post - license Christy Churchill SCDAH to develop a site management plan consistent with the goals of protecting the site and educating the public about the history christy.churchill @duke - energy.com of the Dearborn Armory. During the first five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and recreation, the Licensee shall provide funding not to exceed $50,000 to SCDPRT to support the development of this plan, including archaeological investigations of the armory site. During the second five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and recreation, the Licensee shall provide additional funding not to exceed $50,000 to SCDPRT to assist in the implementation of the management plan. SCDPRT 9.3.2.3 Site Management Plan — Provided that SCDPRT enters into an AAII lease of Dearborn Island, SCDPRT shall consult with the 5 years post - license Christy Churchill SCDAH to develop a site management plan consistent with the goals of protecting the site and educating the public about the history christy.churchill @duke - energy.com of the Dearborn Armory. During the first five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and recreation, the Licensee shall provide funding not to exceed $50,000 to SCDPRT to support the development of this plan, including archaeological investigations of the armory site. During the second five years following issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and recreation, the Licensee shall provide additional funding not to exceed $50,000 to SCDPRT to assist in the implementation of the management plan. Licensee 9.3.2.4 Interpretive Signage — Provided that SCDPRT enters into an AAII lease of Dearborn Island, during the second five years following 10 years post- Christy Churchill issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and license christy.churchill @duke - energy.com recreation, the Licensee shall provide funding not to exceed $10,000 to SCDPRT to develop interpretative signage at a new state park on Dearborn Island and shall transfer artifacts collected during previous archaeological surveys at the Dearborn Armory site to SCDPRT for incorporation into interpretive displays. SCDPRT 9.3.2.4 Interpretive Signage — Provided that SCDPRT enters into an AAII lease of Dearborn Island, during the second five years following 10 years post- Christy Churchill issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources and license christy.churchill @duke - energy.com recreation, the Licensee shall provide funding not to exceed $10,000 to SCDPRT to develop interpretative signage at a new state park on Dearborn Island and shall transfer artifacts collected during previous archaeological surveys at the Dearborn Armory site to SCDPRT for incorporation into interpretive displays. Licensee 9.3.2.5 Vegetation Management — The Licensee shall provide funding not to exceed $20,000 to SCDPRT for clearing vegetation that Complete Christy Churchill threatens the stability of the armory site. The funding shall be provided in 2008. christy.churchill @duke - energy.com SCDPRT 9.3.2.5 Vegetation Management — The Licensee shall provide funding not to exceed $20,000 to SCDPRT for clearing vegetation that Complete Christy Churchill threatens the stability of the armory site. The funding shall be provided in 2008. christy.churchill @duke - energy.com Licensee 9.3.2.6 Public Education — During the first five years following issuance of the New License and provided that SCDAH is a Party to this 5 years post - license Christy Churchill Agreement, the Licensee shall provide funding not to exceed $15,000 to the SCDAH's Archives and History Foundation to support christy.churchill @duke - energy.com the development of a "Teaching with Historic Places" module for the site. SCDAH shall maintain the module in accordance with the Teaching with Historic Places program SCDAH 9.3.2.6 Public Education — During the first five years following issuance of the New License and provided that SCDAH is a Party to this 5 years post - license Christy Churchill Agreement, the Licensee shall provide funding not to exceed $15,000 to the SCDAH's Archives and History Foundation to support christy.churchill @duke - energy.com the development of a "Teaching with Historic Places" module for the site. SCDAH shall maintain the module in accordance with the Teaching with Historic Places program Licensee 9.3.2.7 Historic Resources — Provided that SCDPRT enters into an AAII lease of Dearborn Island, the Licensee shall work with SCDPRT to Not specified Christy Churchill provide historic photographs, drawings and other materials suitable for interpreting the development of the hydroelectric facilities christy.churchill @duke - energy.com located in the vicinity of the Town of Great Falls. SCDPRT shall use such materials in a visitor's center or other displays at a new state park at Dearborn Island. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDPRT 9.3.2.7 Historic Resources — Provided that SCDPRT enters into an AAII lease of Dearborn Island, the Licensee shall work with SCDPRT to Not specified Christy Churchill provide historic photographs, drawings and other materials suitable for interpreting the development of the hydroelectric facilities christy.churchill @duke - energy.com located in the vicinity of the Town of Great Falls. SCDPRT shall use such materials in a visitor's center or other displays at a new state park at Dearborn Island. Licensee 9.3.2.8 All funding to SCDPRT by the Licensee to support activities at the Dearborn Armory site is contingent upon SCDPRT being a Party 5 years post - license Christy Churchill to this Agreement and entering into an AAII lease with the Licensee for Dearborn Island. If SCDPRT is not a Party to this Agreement christy.churchill @duke - energy.com or does not enter into an AAII lease of Dearborn Island, the Licensee shall consult with the SCDAH to develop an appropriate management plan for the Dearborn Armory site, but the Licensee has no obligation to provide the funding described in this Section 9.3.2 to SCDPRT. SCDAH 9.3.2.8 All funding to SCDPRT by the Licensee to support activities at the Dearborn Armory site is contingent upon SCDPRT being a Party 5 years post - license Christy Churchill to this Agreement and entering into an AAII lease with the Licensee for Dearborn Island. If SCDPRT is not a Party to this Agreement christy.churchill @duke - energy.com or does not enter into an AAII lease of Dearborn Island, the Licensee shall consult with the SCDAH to develop an appropriate management plan for the Dearborn Armory site, but the Licensee has no obligation to provide the funding described in this Section 9.3.2 to SCDPRT. SCDPRT 9.3.2.8 All funding to SCDPRT by the Licensee to support activities at the Dearborn Armory site is contingent upon SCDPRT being a Party 5 years post - license Christy Churchill to this Agreement and entering into an AAII lease with the Licensee for Dearborn Island. If SCDPRT is not a Party to this Agreement christy.churchill @duke - energy.com or does not enter into an AAII lease of Dearborn Island, the Licensee shall consult with the SCDAH to develop an appropriate management plan for the Dearborn Armory site, but the Licensee has no obligation to provide the funding described in this Section 9.3.2 to SCDPRT. Licensee 9.3.3 Site 31 BK427 ** (Bridgewater Development) — The Licensee shall lease the island containing this gravesite to the North Carolina 5 years post - license Christy Churchill Division of Parks and Recreation (NCDPR) for management as part of Lake James State Park as described in Paragraph 10.27.1.2. christy.churchill @duke - energy.com The NCDPR shall monitor site 31 BK427 ** at the Bridgewater Development at least annually during the term of the lease and report any disturbances to the Licensee. If NCDPR does not enter into a lease agreement with the Licensee for the island, the Licensee will manage the site in accordance with the HPMP. NCDENR 9.3.3 Site 31 BK427 ** (Bridgewater Development) — The Licensee shall lease the island containing this gravesite to the North Carolina 5 years post - license Christy Churchill Division of Parks and Recreation (NCDPR) for management as part of Lake James State Park as described in Paragraph 10.27.1.2. christy.churchill @duke - energy.com The NCDPR shall monitor site 31 BK427 ** at the Bridgewater Development at least annually during the term of the lease and report any disturbances to the Licensee. If NCDPR does not enter into a lease agreement with the Licensee for the island, the Licensee will manage the site in accordance with the HPMP. Burke County, NC 9.3.4 Overmountain Victory National Historic Trail ( OVNHT) (Bridgewater Development) — The Licensee shall install educational signs, Not specified Christy Churchill developed in consultation with the National Park Service and Burke County, NC, about the OVNHT at the entrance points for the christy.churchill @duke - energy.com historic trail route within the FERC Project Boundaries. Licensee 9.3.4 Overmountain Victory National Historic Trail ( OVNHT) (Bridgewater Development) — The Licensee shall install educational signs, Not specified Christy Churchill developed in consultation with the National Park Service and Burke County, NC, about the OVNHT at the entrance points for the christy.churchill @duke - energy.com historic trail route within the FERC Project Boundaries. Licensee 9.3.5 Sites 38CS321 (Fishing Creek Development); 38CS339 (Great Falls- Dearborn Development) — To mitigate for Project - related 3 years post- License Christy Churchill effects at these two sites, the Licensee shall provide the funding for the Mulberry Site described in Section 9.3.6. No additional christy.churchill @duke - energy.com management activities will be included in the HPMP for these two sites. The activities in Section 9.3.6 are dependent upon the willingness of the property owners to allow such activities to occur. If the property owners are not in agreement with both the project plan and scope (see Paragraph 9.3.6.2) and the Licensee's funding level as described in Section 9.3.6, or if SCDAH is not a Party to this Agreement, the Licensee shall not provide the funding in Section 9.3.6. Instead, the Licensee shall either stabilize or conduct data recovery efforts at sites 38CS321 and 38CS339 in consultation with the SCDAH and the CIN THPO. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 9.3.6.1 If SCDAH is a Party to this Agreement, the Licensee shall provide a total of $400,000 ($150,000 per year for the first two years of the Not specified Christy Churchill project and $100,000 for the third year of the project) to support the efforts of the Wateree Archaeological Research Program christy.churchill @duke - energy.com (WARP) at Mound A of the Mulberry site (38KE12), a site of national significance located on private property. The Licensee's cost - share funding for this project shall be provided only when a project plan and scope have been developed that are acceptable to the property owners, SCDAH, and the Licensee, and after the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources, and after the FERC's approval of the HPMP. In addition, the Licensee's funding shall not be provided until WARP has obtained consensus from all interested federally recognized Indian Tribes on a treatment plan for addressing human remains and associated grave goods inadvertently encountered during the project. SCDAH 9.3.6.1 If SCDAH is a Party to this Agreement, the Licensee shall provide a total of $400,000 ($150,000 per year for the first two years of thel Not specified Christy Churchill project and $100,000 for the third year of the project) to support the efforts of the Wateree Archaeological Research Program christy.churchill @duke - energy.com (WARP) at Mound A of the Mulberry site (38KE12), a site of national significance located on private property. The Licensee's cost - share funding for this project shall be provided only when a project plan and scope have been developed that are acceptable to the property owners, SCDAH, and the Licensee, and after the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources, and after the FERC's approval of the HPMP. In addition, the Licensee's funding shall not be provided until WARP has obtained consensus from all interested federally recognized Indian Tribes on a treatment plan for addressing human remains and associated grave goods inadvertently encountered during the project. This project plan will be administered by the WARP. No more than 15 percent of the Licensee's funding can be used to offset Not specified Christy Churchill CIN THPO 9.3.6.2 WARP's overhead costs. An Advisory Committee will provide input to WARP and technical review of the project scope, technical christy.churchill @duke - energy.com reports, and publications of project findings. Membership of the Advisory Committee shall include representatives of, but is not necessarily limited to, WARP, SCDAH, the South Carolina Institute of Archaeology and Anthropology (SCIAA), SCDNR, the CIN THPO, other interested federally recognized Indian Tribes, and at least three professional archaeologists with related experience. The WARP shall develop a written project plan and scope that shall include, but not necessarily be limited to, the following: This project plan will be administered by the WARP. No more than 15 percent of the Licensee's funding can be used to offset Not specified SCDAH 9.3.6.2 Christy Churchill WARP's overhead costs. An Advisory Committee will provide input to WARP and technical review of the project scope, technical christy.churchill @duke - energy.com reports, and publications of project findings. Membership of the Advisory Committee shall include representatives of, but is not necessarily limited to, WARP, SCDAH, the South Carolina Institute of Archaeology and Anthropology (SCIAA), SCDNR, the CIN THPO, other interested federally recognized Indian Tribes, and at least three professional archaeologists with related experience. The WARP shall develop a written project plan and scope that shall include, but not necessarily be limited to, the following: This project plan will be administered by the WARP. No more than 15 percent of the Licensee's funding can be used to offset Not specified SCDNR 9.3.6.2 Christy Churchill WARP's overhead costs. An Advisory Committee will provide input to WARP and technical review of the project scope, technical christy.churchill @duke - energy.com reports, and publications of project findings. Membership of the Advisory Committee shall include representatives of, but is not necessarily limited to, WARP, SCDAH, the South Carolina Institute of Archaeology and Anthropology (SCIAA), SCDNR, the CIN THPO, other interested federally recognized Indian Tribes, and at least three professional archaeologists with related experience. The WARP shall develop a written project plan and scope that shall include, but not necessarily be limited to, the following: SCDAH 9.3.6.3 Not specified Christy Churchill If the WARP is unwilling or unable to accept the funding described in this section or to administer the study, the Advisory Committee christy.churchill @duke - energy.com will identify another entity to administer the project that is acceptable to the property owners, SCDAH, and the Licensee. 9.3.6.4 1 year post - license Licensee Christy Churchill If SCDAH is a Party to this Agreement, the Licensee shall also provide $100,000 to SCDAH's Archives and History Foundation to christy.churchill @duke - energy.com monitor erosion rates at the site. This funding may also be used to investigate other associated sites in the Catawba - Wateree River Basin. The Licensee will provide this funding within one year following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources, and the FERC's approval of the HPMP. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDAH 9.3.6.4 1 year post - license Christy Churchill If SCDAH is a Party to this Agreement, the Licensee shall also provide $100,000 to SCDAH's Archives and History Foundation to christy.churchill @duke - energy.com monitor erosion rates at the site. This funding may also be used to investigate other associated sites in the Catawba - Wateree River Basin. The Licensee will provide this funding within one year following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources, and the FERC's approval of the HPMP. CIN THPO 9.3.7 Sites 38YK427 (Wylie Development); 38LA475 (Wateree Development) — To mitigate for Project - related effects, the Licensee shall 1 year post - license Christy Churchill provide $40,000 per year for two years to support the University of North Carolina Research Laboratory of Archaeology's (UNCRLA) christy.churchill @duke - energy.com Catawba Project. The Licensee and its lessees shall not implement any further monitoring or data recovery activities in conjunction with these sites. The funding shall begin within one year following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources, the CIN THPO's concurrence with UNCRLA's plan and scope of work, and FERC approval of the HPMP. In the event that either UNCRLA cannot conduct the work or the CIN THPO does not agree with the work plan and scope, then, in lieu of providing this funding to UNCRLA, the Licensee shall develop treatment plans for sites 38YK427 and 38LA475 in consultation with SCDAH and the CIN THPO. Licensee 9.3.7 Sites 38YK427 (Wylie Development); 38LA475 (Wateree Development) — To mitigate for Project - related effects, the Licensee shall 1 year post - license Christy Churchill provide $40,000 per year for two years to support the University of North Carolina Research Laboratory of Archaeology's (UNCRLA) christy.churchill @duke - energy.com Catawba Project. The Licensee and its lessees shall not implement any further monitoring or data recovery activities in conjunction with these sites. The funding shall begin within one year following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources, the CIN THPO's concurrence with UNCRLA's plan and scope of work, and FERC approval of the HPMP. In the event that either UNCRLA cannot conduct the work or the CIN THPO does not agree with the work plan and scope, then, in lieu of providing this funding to UNCRLA, the Licensee shall develop treatment plans for sites 38YK427 and 38LA475 in consultation with SCDAH and the CIN THPO. SCDAH 9.3.7 Sites 38YK427 (Wylie Development); 38LA475 (Wateree Development) — To mitigate for Project - related effects, the Licensee shall 1 year post - license Christy Churchill provide $40,000 per year for two years to support the University of North Carolina Research Laboratory of Archaeology's (UNCRLA) christy.churchill @duke - energy.com Catawba Project. The Licensee and its lessees shall not implement any further monitoring or data recovery activities in conjunction with these sites. The funding shall begin within one year following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to cultural resources, the CIN THPO's concurrence with UNCRLA's plan and scope of work, and FERC approval of the HPMP. In the event that either UNCRLA cannot conduct the work or the CIN THPO does not agree with the work plan and scope, then, in lieu of providing this funding to UNCRLA, the Licensee shall develop treatment plans for sites 38YK427 and 38LA475 in consultation with SCDAH and the CIN THPO. CIN THPO 9.4 The Licensee and the CIN THPO agree that current management activities adequately address all Traditional Cultural Properties On -going Christy Churchill (TCP) within the Project's Area of Potential Effect at this time. christy.churchill @duke - energy.com CIN THPO 9.5 The Parties agree that sites 38LA467, 38LA468, 38LA469, 38LA470, 38LA471, 38LA473, 38LA474 shall be leased at nominal cost 5 years post - license Christy Churchill to SCDPRT for the term of the New License. SCDPRT, in consultation with the CIN THPO and SCDAH, shall develop a christy.churchill @duke - energy.com management plan for these sites. The Parties agree that sites 38LA467, 38LA468, 38LA469, 38LA470, 38LA471, 38LA473, 38LA474 shall be leased at nominal cost SCDAH 9.5 5 years post - license Christy Churchill to SCDPRT for the term of the New License. SCDPRT, in consultation with the CIN THPO and SCDAH, shall develop a christy.churchill @duke - energy.com management plan for these sites. SCDPRT 9.5 The Parties agree that sites 38LA467, 38LA468, 38LA469, 38LA470, 38LA471, 38LA473, 38LA474 shall be leased at nominal cost 5 years post - license Christy Churchill to SCDPRT for the term of the New License. SCDPRT, in consultation with the CIN THPO and SCDAH, shall develop a christy.churchill @duke - energy.com management plan for these sites. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.2 Construction Schedule, Additions to RMP, and Access Area Ownership — The Licensee shall complete the construction of all public 20 years post- Travis Sinclair recreation facilities required under this Agreement during the first 20 years following the FERC's approval of the Recreation license travis.sinclair @duke - energy.com Management Plan (RMP) filed pursuant to the proposed Recreation Management Plan License Article. The Parties agree that the Licensee may add recreational amenities or facilities to the Recreation Management Plan whether or not the amenities or facilities are identified in this Agreement. The Parties agree that recreation needs after this first 20 years shall be identified as described in the proposed Recreation Planning License Article and in Paragraph 10.20.4. Except for access areas that are closed for lack of use or closed for relocation in accordance with Paragraph 10.17 or as stated otherwise herein, the Licensee shall hold all Licensee - owned access areas in fee - simple ownership for the term of the New License. Licensee 10.4 Maintenance Agreement with NCWRC — Prior to the expirations of the Existing License and the current NCWRC agreement for Complete Travis Sinclair maintenance of boat launching, public fishing areas, and parking facilities at the Licensee's access areas in North Carolina, both of travis.sinclair @duke - energy.com which expire August 31, 2008, the Licensee and the North Carolina Wildlife Resources Commission (NCWRC) shall negotiate a similar maintenance agreement for the term of the New License. The maintenance agreement shall include: (i) all facilities subject to the current maintenance agreement; (ii) the maintenance of certain newly constructed facilities in North Carolina identified in Section 10.27 of this Agreement as such new facilities are constructed; and (iii) may also include management of selected Licensee - owned islands within the Project reservoirs in North Carolina. If for any reason the NCWRC and the Licensee cannot agree to a new maintenance agreement, the Licensee shall ensure the maintenance of the boat launching, public fishing areas, and parking facilities that would have been under the NCWRC maintenance agreement. NCWRC 10.4 Maintenance Agreement with NCWRC — Prior to the expirations of the Existing License and the current NCWRC agreement for Complete Travis Sinclair maintenance of boat launching, public fishing areas, and parking facilities at the Licensee's access areas in North Carolina, both of travis.sinclair @duke - energy.com which expire August 31, 2008, the Licensee and the North Carolina Wildlife Resources Commission (NCWRC) shall negotiate a similar maintenance agreement for the term of the New License. The maintenance agreement shall include: (i) all facilities subject to the current maintenance agreement; (ii) the maintenance of certain newly constructed facilities in North Carolina identified in Section 10.27 of this Agreement as such new facilities are constructed; and (iii) may also include management of selected Licensee - owned islands within the Project reservoirs in North Carolina. If for any reason the NCWRC and the Licensee cannot agree to a new maintenance agreement, the Licensee shall ensure the maintenance of the boat launching, public fishing areas, and parking facilities that would have been under the NCWRC maintenance agreement. Wildlife Viewing Feasibility — The Licensee shall evaluate the need for and feasibility of including wildlife viewing facilities at Travis Sinclair Licensee 10.5 1 year post - license appropriate Licensee -owned public access areas that will be within the FERC Project Boundaries as a part of the site - specific travis.sinclair @duke - energy.com conceptual design process following FERC approval of the RMP. Where found to be needed and feasible, the Licensee or its access area lessees shall provide such wildlife viewing facilities. The Licensee and the NCWRC or the South Carolina Department of Natural Resources (SCDNR) as appropriate will consider the capability and suitability of the site to support wildlife viewing opportunities and shall jointly determine the need and feasibility for the facilities. Wildlife Viewing Feasibility — The Licensee shall evaluate the need for and feasibility of including wildlife viewing facilities at NCWRC 10.5 1 year post - license Travis Sinclair appropriate Licensee -owned public access areas that will be within the FERC Project Boundaries as a part of the site - specific travis.sinclair @duke - energy.com conceptual design process following FERC approval of the RMP. Where found to be needed and feasible, the Licensee or its access area lessees shall provide such wildlife viewing facilities. The Licensee and the NCWRC or the South Carolina Department of Natural Resources (SCDNR) as appropriate will consider the capability and suitability of the site to support wildlife viewing opportunities and shall jointly determine the need and feasibility for the facilities. SCDNR 10.5 Wildlife Viewing Feasibility — The Licensee shall evaluate the need for and feasibility of including wildlife viewing facilities at 1 year post - license Travis Sinclair appropriate Licensee -owned public access areas that will be within the FERC Project Boundaries as a part of the site - specific travis.sinclair @duke - energy.com conceptual design process following FERC approval of the RMP. Where found to be needed and feasible, the Licensee or its access area lessees shall provide such wildlife viewing facilities. The Licensee and the NCWRC or the SCDNR as appropriate will consider the capability and suitability of the site to support wildlife viewing opportunities and shall jointly determine the need and feasibility for the facilities. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.6 Bank Fishing at Licensee -owned Access Areas — The Licensee shall ensure that the shoreline of all Licensee -owned access areas On -going Travis Sinclair remains open for bank fishing for the term of the New License, except for those minimal shoreline areas where bank fishing is travis.sinclair @duke - energy.com restricted for safety reasons, management problems, or to avoid conflicts with other access area users. The Licensee, in consultation with the NCWRC or the SCDNR, shall designate with appropriate signage those portions of shoreline at the Licensee - owned access areas where bank fishing is prohibited. Bank Fishing at Licensee -owned Access Areas — The Licensee shall ensure that the shoreline of all Licensee -owned access areas NCWRC 10.6 On -going Travis Sinclair remains open for bank fishing for the term of the New License, except for those minimal shoreline areas where bank fishing is travis.sinclair @duke - energy.com restricted for safety reasons, management problems, or to avoid conflicts with other access area users. The Licensee, in consultation with the NCWRC or the SCDNR, shall designate with appropriate signage those portions of shoreline at the Licensee - owned access areas where bank fishing is prohibited. SCDNR 10.6 Bank Fishing at Licensee -owned Access Areas — The Licensee shall ensure that the shoreline of all Licensee -owned access areas On -going Travis Sinclair remains open for bank fishing for the term of the New License, except for those minimal shoreline areas where bank fishing is travis.sinclair @duke - energy.com restricted for safety reasons, management problems, or to avoid conflicts with other access area users. The Licensee, in consultation with the NCWRC or the SCDNR, shall designate with appropriate signage those portions of shoreline at the Licensee - owned access areas where bank fishing is prohibited. Use of Licensee -owned Islands — The Licensee shall ensure that all Licensee -owned islands located on the Project reservoirs or in Licensee 10.9 On -going Travis Sinclair the regulated river reaches will remain open for the term of the New License for any permissible day -use public recreation activity, travis.sinclair @duke - energy.com such as fishing, wading, picnicking, hiking and hunting, except for islands that are specifically designated otherwise in the FERC - approved RMP or the Licensee's Shoreline Management Guidelines (SMG) (see Appendix J Shoreline Management Plan (SMP)), or islands that are restricted by state or local public health, safety or law enforcement authorities, or islands that the Licensee determines should be off limits due to issues related to cultural resource protection, wildlife protection or safety, security or management concerns. The Parties understand that camping on islands located in Project reservoirs and regulated river reaches is authorized only on specific Licensee -owned islands as noted in the Licensee's SMG or FERC- approved RMP, or as specifically provided for in any AAII lease. Licensee 10.10 Signage — The Licensee shall provide appropriate signage at Licensee -owned access areas and trails. These signs may include, On -going Travis Sinclair but are not necessarily limited to, safety advisories, facility operation schedules, and phone numbers for additional information. Signs travis.sinclair @duke - energy.com will be consistent with the National Water Safety Congress and FERC Public Safety Guidelines, will include universal signage symbols where appropriate, and will include Spanish in the tailraces in accordance with Paragraph 8.11.2. Construction, Approvals and Permits — The Parties acknowledge that construction of the public recreation facilities described in this On -going Licensee 10.11 Travis Sinclair Section 10.0 and in the proposed Recreation Management Plan License Article is contingent upon the ability of the Licensee and /or travis.sinclair @duke - energy.com other recreation facility providers to obtain any necessary federal, tribal, state or local government approvals or permits required. If any of the facilities are not completed because of the inability to obtain such permits or approvals, then the Licensee and /or other recreation facility providers shall endeavor in good faith to construct comparable facilities as a replacement within a reasonable time schedule. The Licensee and /or other recreation facility providers shall endeavor in good faith to find a suitable location and obtain the necessary approvals and permits for such replacement facilities that are acceptable to and approved by the FERC, if FERC approval is required. ADA Requirements — The Licensee shall ensure that all facilities constructed at the Licensee -owned access areas, whether On -going Travis Sinclair Licensee 10.14 constructed by the Licensee or others, comply with the Americans with Disabilities Act (ADA) requirements. travis.sinclair @duke - energy.com CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.15 Facility Standards — For all Licensee -owned access area construction projects, the Licensee and /or other recreation facility providers On -going Travis Sinclair shall comply with applicable federal, state and local rules, regulations, building and zoning codes, and public safety design travis.sinclair @duke - energy.com standards. In addition, the Licensee and /or other recreation facility providers shall use reasonable best efforts to construct all facilities at Licensee -owned access areas using Low Impact Development practices for storm water management. For all Licensee - owned access area projects, the Licensee shall also design and construct, as is practicable, the areas to retain vegetation, maintain natural habitat, provide a natural view from the water, and use shielded lighting where lighting is provided. The Licensee shall ensure that all leases and agreements entered into with agencies or other entities for development and /or maintenance of Licensee - owned access areas will include these provisions. Public Access Requirement to Receive Licensee Funds or Duke Energy Properties — If the Licensee's funds will be used for Licensee 10.16 On -going Travis Sinclair construction of public recreation facilities on property owned by others, the Licensee shall require prior written agreements from travis.sinclair @duke - energy.com those landowners of public recreation land requiring that the Licensee - funded facilities shall remain open to the general public for public recreation purposes for the term of the New License, unless facility closure and /or property use conversion becomes unavoidable or desirable to support other public need projects (e.g., the property on which the facilities are located is taken for a public road expansion during the term of the New License). The written agreement between the Licensee and the entity receiving the Licensee's funding shall identify procedures to be used in these closure situations which may include, among other things, requirements to reimburse all or a portion of the Licensee's funding or to replace the Licensee - funded facilities that will be closed. If under this Agreement the Licensee's funds will be used to purchase land for public recreation and /or compatible long -term conservation or if a Duke Energy business unit will transfer its property to another entity for those purposes, similar written agreements (typically in the form of deed restrictions on the subject property) shall be required prior to providing the Licensee's funds or transferring title to the subject property to establish the intention for the property to remain open to the general public for public recreation purposes for the term of the New License and to identify procedures to be used in any future closure situations. Licensee 10.17 Property Rights for Public Access — The Licensee shall retain the necessary property rights to keep Licensee -owned access areas On -going Travis Sinclair open for public recreation use for the term of the New License. However, if it is necessary or desirable to close any Licensee -owned travis.sinclair @duke - energy.com access area during the term of the New License for reasons other than a lack of use, the Licensee shall provide appropriate alternatives acceptable to and approved by the FERC, if FERC approval is required, in the same general vicinity of the Project reservoir or regulated river reach or bypassed reach before closing the original access area. The Licensee shall consult with the appropriate tribes, federal and state resource agencies, local governments, and organizations regarding the closure of the existing access area and the selection and design of the replacement access area. Licensee 10.18 Actual Facility Construction versus Schedules — If, due to extenuating circumstances, the Licensee cannot meet the scheduled On -going Travis Sinclair construction dates for any of its access area construction projects that are included in the RMP, then it may request a time extension travis.sinclair @duke - energy.com from the FERC. If these access area construction projects are identified in this Agreement but not included in the RMP, then the Licensee shall notify the Final Agreement Committee (see Section 26.0) to consider recommending a time extension prior to being subject to an alleged breach of this Agreement. The Licensee shall require AAII lessees in the terms of their leases to make every effort to maintain the facilities construction schedules as noted in this Agreement and as agreed to in their AAII leases. If any AAII lessee falls more than 24 months behind its stated construction schedule, the Licensee shall evaluate the lessee's state of compliance with the terms of its lease and decide if lease termination is advisable. If the lease is terminated because of non- compliance with the terms of the lease, then Paragraph 10.24 shall apply. Licensee 10.19 Alternative Facilities Plans — If the Licensee works out an alternative agreement with another entity (e.g., a state park, a local park, Not specified Travis Sinclair an AAII partner) to construct comparable facilities in the same general vicinity of the applicable reservoir or river reach and on a travis.sinclair @duke - energy.com similar or more aggressive schedule, and these facilities are actually constructed, then the Parties agree that these comparable facilities will also meet the Licensee's obligations. If such alternative facilities are planned, the Licensee shall consult with the appropriate tribal, federal, state and local agencies and organizations and file a supplement to the RMP for FERC approval if the original or alternative facilities are included in the RMP. Recreation Activities Status Report — The Licensee shall post to its Web site the biennial status report developed in accordance with On -going Licensee 10.20.1 Travis Sinclair the proposed Recreation Management Plan License Article and shall inform all Parties of its availability. t CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.20.2 FERC Form 80 Reports — The Licensee shall post the FERC Form 80 Reports on its Web site and inform all Parties of their On -going Travis Sinclair availability. travis.sinclair @duke - energy.com Licensee 10.20.3 Seven -year Meetings of Recreation Specialist Parties — In the seventh year and again in the fourteenth year following the FERC's 7 years post- License Travis Sinclair issuance of the New License, the Licensee shall convene a workgroup of recreation professionals and recreation -based interest travis.sinclair @duke - energy.com groups within the Catawba - Wateree River Basin, including but not limited to recreation -based organizations that are Parties to this Agreement. The workgroup will review the Recreation Activities Status Reports and the FERC Form 80 Reports plus other existing data that describe Project - related recreation use including the NC and SC State Comprehensive Outdoor Recreation Plans, local comprehensive land -use plans, and available recreation studies. The workgroup will also review the remaining recreation activities required by the RMP and this Agreement. The Parties acknowledge that changes can be made to the RMP or the recreation activities required by this Agreement as a result of the workgroup's recommendations, but only if all the Parties to this Agreement affected by the recommendations including the Licensee agree that the changes are needed and are acceptable, and if the FERC approves any applicable proposed changes. The workgroup shall first make its best effort to offset any additional costs to the Licensee for changes the workgroup deems necessary by adjusting the scope and schedule, by providing additional partnerships, or by making other adjustments to the remaining activities in the 20 -year RMP or this Agreement. In any case, if the offsets are not adequate to cover the costs of the changes, the Licensee's additional cost of changes to the RMP or recreation activities required by this Agreement as suggested by the workgroup over the initial 20 -year planning window may not exceed $2 million per each seven - year review increment. Any portion of the $2 million of additional potential investment that is not allocated by a seven -year review will not carry over into the next review. If in any seven -year review the organizations (including the Licensee) affected by a suggested change to the RMP substantially disagree about whether that change should be adopted by the workgroup, then the workgroup shall implement dispute resolution under the procedures in Section 31.0 of this Agreement. However, the Parties acknowledge that, whatever changes are recommended or result from dispute resolution, all changes in that seven -year review shall not exceed $2 million additional cost to the Licensee. Future Revisions to the RMP — Prior to each supplement to the RMP required by the proposed Recreation Management Plan Licensee 10.20.4 20 years post - license Travis Sinclair License Article, the Licensee shall convene a workgroup similar in design to the Recreation Use and Needs Study Team formed to travis.sinclair @duke- energy.com support the Project's relicensing to.... Prior to filing with the FERC any RMP revisions or supplements or any related New License amendments as noted in this Paragraph Travis Sinclair Licensee 10.20.5 On -going 10.20.5, the Licensee shall provide notice to all Parties advising them of the pending FERC filing and shall make the pending RMP travis.sinclair @duke- energy.com revision or supplement or the pending New License amendment available to the Parties for at least 30 -days review and comment. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Crescent Resources 10.21 Duke Energy Support for Land Acquisition by Other Entities— Approximately 3,450 acres of land that is owned by Crescent Complete Travis Sinclair Resources, LLC is expected to be purchased by entities other than the Licensee with support from Duke Energy in accordance with travis.sinclair @duke - energy.com this Agreement (see Paragraphs 10.27.5.4 and 10.27.15.3). The Parties agree that these land areas are being purchased for public recreation purposes and /or for permanent land conservation uses. The Parties agree that, unless stated otherwise in Section 10.0, all lands identified in this Section 10.0 to be acquired from Crescent Resources, LLC by other entities with support from Duke Energy must be under purchase option by December 31, 2007, and the purchase must be complete by August 1, 2009. Provided Crescent Resources, LLC is a Party to this Agreement, Crescent Resources, LLC agrees to remain a willing seller of the Johns River Gameland tract (approximately 2,882 acres, see Paragraph 10.27.5.4) and the Mountain Creek Park tract (approximately 600 acres, see Paragraph 10.27.15.3) through August 1, 2009, and Crescent Resources, LLC further agrees that, between the effective date of this Agreement and December 31, 2007, it will only sell the Johns River Gamelands and Mountain Creek Park tracts to the entities identified in this Agreement as the intended purchasers. Purchasing entities may request an extension of the August 1, 2009 purchase completion date, but any such extensions must be justified and must be negotiated with and approved by the Duke Energy business unit that owns the subject property. If any portion of the Johns River Gamelands (see Paragraph 10.27.5.4) is not under purchase option or acquired by these dates, then, unless otherwise specified in this Agreement, the Licensee shall add to the land conservation funding identified in Section 14.5 for the State of North Carolina an amount of funding equivalent to the unused Duke Energy support Alexander County, 10.23 Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access 8 months post- Travis Sinclair NC areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access Travis Sinclair Chester County, SC 10.23 8 months post- areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access Fairfield County, SC 10.23 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Burke County, NC 10.23 Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Reauests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access Caldwell County, NC 10.23 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access Gt. Falls, SC 10.23 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access Hickory, NC 10.23 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access Iredell County, NC 10.23 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.23 Submittal of AAII Lease Requests to the FERC - The Parties acknowledge that all AAII lease requests for Licensee -owned access 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke- energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Licensee 2.2.1.1 Lake Wateree - The Licensee shall work in cooperation with Lake Wateree State Park representatives to implement a [lake Annual Alan Stuart temperature] monitoring program at the park. alan.stuart@duke- energy.com SCDPRT 2.2.1.1 Lake Wateree - The Licensee shall work in cooperation with Lake Wateree State Park representatives to implement a [lake Annual Alan Stuart temperature] monitoring program at the park. alan.stuart@duke- energy.com Licensee 2.2.1.3 Lake Norman - McGuire Nuclear Station in an area outside any significant temperature influence of the station or the Licensee shall Annual Alan Stuart work in cooperation with Lake Norman State Park representatives to implement a [lake temperature] monitoring program at the park. alan.stuart@duke- energy.com NCDENR 2.2.1.3 - Lake Norman— McGuire�uelear- Sta#ion in en�rea- outstde�ny�ignrfiean# temperature- influence- of�hestation or- tine- L- icensee shall- Annual Alan Stuart work in cooperation with Lake Norman State Park representatives to implement a [lake temperature] monitoring program at the park. alan.stuart@duke- energy.com Licensee 2.2.1.4 Lake James - The Licensee shall work in cooperation with Lake James State Park representatives to implement a [lake Annual Alan Stuart temperature] monitoring program at the park. alan.stuart@duke- energy.com NCDENR 2.2.1.4 Lake James - The Licensee shall work in cooperation with Lake James State Park representatives to implement a [lake Annual Alan Stuart temperature] monitoring program at the park. alan.stuart@duke- energy.com Licensee 2.2.1.5 In the event that any of these locations is no longer available for this monitoring or state park representatives are unwilling to Annual Alan Stuart conduct this monitoriN, the Licensee shall consult with the North Carolina Wildlife Resources Commission or the South Carolina Department of Natural Resources, as appropriate, to identify a mutually acceptable alternative [lake temperature] monitoring alan.stuart@duke- energy.com location. NCWRC 2.2.1.5 In the event that any of these locations is no longer available for this monitoring or state park representatives are unwilling to Annual Alan Stuart conduct this monitoring, the Licensee shall consult with the North Carolina Wildlife Resources Commission or the South Carolina alan.stuart@duke- energy.com Department of Natural Resources, as appropriate, to identify a mutually acceptable alternative [lake temperature] monitoring location. SCDNR 2.2.1.5 In the event that any of these locations is no longer available for this monitoring or state park representatives are unwilling to Annual Alan Stuart conduct this monitoring the Licensee shall consult with theL North Carolina Wildlife-Resources-Commission Resources- Commission or the South Carolina— alan_stuart@duke- energy.com Department of Natural Resources, as appropriate, to identify a mutually acceptable alternative [lake temperature] monitoring location. Licensee 2.2.2 Coordination with Wateree Spring Stable Flows - If the Licensee cannot operate the Project to provide the Spring Stable Flow On -going Alan Stuart Periods at Wateree as set forth in Section 4.8 of this Agreement and also maintain the Lake Wateree reservoir level as specified in alan.stuart@duke- energy.com the proposed Spring Reservoir Level Stabilization Program License Article, then the Licensee shall suspend the Spring Reservoir Level Stabilization Program at Lake Wateree for that calendar year in accordance with Paragraph (B) of the proposed Spring 11 irensee �3 2.1 Reservoir Level Stabilization Program License Article. Coordination of Mpetino - In accordance with Paraoraph (H) of the pronosed Recreational Flows Licpnse Article. the Licensee shall Annual Georoe Galleher CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR 10.23 Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access NCWF 10.23 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access Rock Hill, SC 10.23 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access SCDPRT 10.23 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. Submittal of AAII Lease Requests to the FERC — The Parties acknowledge that all AAII lease requests for Licensee -owned access York County, SC 10.23 8 months post- Travis Sinclair areas that are within the FERC Project Boundaries of the New License must be filed by the Licensee with the FERC for approval. license travis.sinclair @duke - energy.com The Licensee shall file along with its RMP any conceptual site plans meeting the standards of the AAII that have been developed by potential AAII lessees for activities set forth in this Agreement and request, with the filing of its RMP, that these leases be approved by the FERC. Should a potential AAII lessee desire to have its plans considered for approval by the FERC at the same time as the RMP, the lessee must submit its plans to the Licensee within eight (8) months following the FERC's issuance of the New License. All other AAII lease requests shall be submitted to the FERC for approval in accordance with the AAII procedures. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Alexander County, 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair NC potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. Chester County, SC 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. Fairfield County, SC 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that, such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Burke County, NC 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. Caldwell County, NC 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. Gt. Falls, SC 10.24 Actions if an AAII Lease does not Exist— Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that, such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Hickory, NC 10.24 Actions if an AAII Lease does not Exist— Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. Iredell County, NC 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. Licensee 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that, such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Lincoln County, NC 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. McDowell County, 10.24 Actions if an AAII Lease does not Exist— Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair NC potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. Mecklenburg 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair County, NC potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that, such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Mt. Holly, NC 10.24 Actions if an AAII Lease does not Exist— Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. NCDENR 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. NCWF 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that, such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Rock Hill, SC 10.24 Actions if an AAII Lease does not Exist— Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. SCDPRT 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. York County, SC 10.24 Actions if an AAII Lease does not Exist — Parties to this Agreement that are specifically identified by name in Section 10.0 as Not specified Travis Sinclair potential AAII lessees acknowledge that they knew of no reason at the time of their signing of this Agreement that they will be unable travis.sinclair @duke - energy.com or unwilling to enter into such AAII leases and are agreeing to consider the AAII leases of the subject access areas in good faith, including consideration of developing the identified facilities, but the AAII lessees are only obligated to construct and operate the specific facilities identified in AAII leases that they sign. If an AAII lease for an access area that is proposed for inclusion in the FERC Project Boundaries as described in Section 10.27 is not executed or ceases to exist for any reason, the Parties acknowledge that the Licensee reserves the right to: (i) enter into an AAII lease with a different entity to implement the same activities or a modified set of activities with the same or different schedule; and (ii) change the schedule for implementing these activities but shall not delay the activities by more than one five -year period (see Section 10.27). The Parties agree that, if the Licensee determines that, such a schedule is to be modified and the modification must be approved by the FERC in accordance with Paragraph (E) of the proposed Recreation Management Plan License Article, then the Licensee shall amend its RMP in accordance with the proposed Recreation Management Plan License Article and that no Party shall oppose such modifications in schedule. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Burke County, NC 10.26 Cultural Resource Evaluation of Bridgewater Properties — Prior to the conveyance to the State of North Carolina of any of the Christy Churchill properties identified for the North Bend Recreation Land (Paragraph 10.27.3.1), North Bend Access Area (Paragraph 10.27.3.2), christy.churchill @duke - energy.com Catawba - Linville River Confluence Recreation Land (Paragraph 10.27.3.3), or Paddy Creek Recreation Land (Paragraph 10.27.3.4) and prior to the identification of the final layout for the Overmountain Victory National Historic Trail ( OVNHT) easement /corridor provided in Paragraph 10.27.4.2, the Licensee shall perform a cultural resources field evaluation of the subject property in consultation with the National Park Service, Burke County, NC, the North Carolina State Historic Preservation Office (NCSHPO), the North Carolina Department of Environment and Natural Resources (NCDENR) and the NCWRC and provide the final evaluation report to the same agencies. However, if the NCDENR is not a Party to this Agreement, the Licensee shall limit its cultural resources field evaluation to only those areas considered for location of the OVNHT easement/corridor provided in Paragraph 10.27.4.2. Cultural Resource Evaluation of Bridgewater Properties — Prior to the conveyance to the State of North Carolina of any of the Christy Churchill Licensee 10.26 properties identified for the North Bend Recreation Land (Paragraph 10.27.3.1), North Bend Access Area (Paragraph 10.27.3.2), christy.churchill @duke - energy.com Catawba - Linville River Confluence Recreation Land (Paragraph 10.27.3.3), or Paddy Creek Recreation Land (Paragraph 10.27.3.4) and prior to the identification of the final layout for the Overmountain Victory National Historic Trail ( OVNHT) easement /corridor provided in Paragraph 10.27.4.2, the Licensee shall perform a cultural resources field evaluation of the subject property in consultation with the National Park Service, Burke County, NC, the North Carolina State Historic Preservation Office (NCSHPO), the North Carolina Department of Environment and Natural Resources (NCDENR) and the NCWRC and provide the final evaluation report to the same agencies. However, if the NCDENR is not a Party to this Agreement, the Licensee shall limit its cultural resources field evaluation to only those areas considered for location of the OVNHT easement/corridor provided in Paragraph 10.27.4.2. Cultural Resource Evaluation of Bridgewater Properties — Prior to the conveyance to the State of North Carolina of any of the Christy Churchill NCDENR 10.26 properties identified for the North Bend Recreation Land (Paragraph 10.27.3.1), North Bend Access Area (Paragraph 10.27.3.2), christy.churchill @duke - energy.com Catawba - Linville River Confluence Recreation Land (Paragraph 10.27.3.3), or Paddy Creek Recreation Land (Paragraph 10.27.3.4) and prior to the identification of the final layout for the Overmountain Victory National Historic Trail ( OVNHT) easement /corridor provided in Paragraph 10.27.4.2, the Licensee shall perform a cultural resources field evaluation of the subject property in consultation with the National Park Service, Burke County, NC, the North Carolina State Historic Preservation Office (NCSHPO), the North Carolina Department of Environment and Natural Resources (NCDENR) and the NCWRC and provide the final evaluation report to the same agencies. However, if the NCDENR is not a Party to this Agreement, the Licensee shall limit its cultural resources field evaluation to only those areas considered for location of the OVNHT easement/corridor provided in Paragraph 10.27.4.2. Cultural Resource Evaluation of Bridgewater Properties — Prior to the conveyance to the State of North Carolina of any of the NCWRC 10.26 Christy Churchill properties identified for the North Bend Recreation Land (Paragraph 10.27.3.1), North Bend Access Area (Paragraph 10.27.3.2), christy.churchill @duke - energy.com Catawba - Linville River Confluence Recreation Land (Paragraph 10.27.3.3), or Paddy Creek Recreation Land (Paragraph 10.27.3.4) and prior to the identification of the final layout for the Overmountain Victory National Historic Trail ( OVNHT) easement/corridor provided in Paragraph 10.27.4.2, the Licensee shall perform a cultural resources field evaluation of the subject property in consultation with the National Park Service, Burke County, NC, the North Carolina State Historic Preservation Office (NCSHPO), the North Carolina Department of Environment and Natural Resources (NCDENR) and the NCWRC and provide the final evaluation report to the same agencies. However, if the NCDENR is not a Party to this Agreement, the Licensee shall limit its cultural resources field evaluation to only those areas considered for location of the OVNHT easement/corridor provided in Paragraph 10.27.4.2. CRA Party CRA Section CRA Commitment Commitment Date Duke SME Crescent Resources 10.27.1.1 Black Bear Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 5 years post - license Travis Sinclair shall be scheduled to occur during the first five -year period. The Licensee shall offer to McDowell County, NC, and McDowell travis.sinclair @duke - energy.com County, NC shall consider, an AAII lease to provide trails, cabins, primitive camping, and picnicking.... If McDowell County, NC is a Party to this Agreement, the Licensee shall facilitate discussions about trail- easement agreements between McDowell County, NC and (i) the owner of Bear Cliff Development, (ii) the Sunset Development Homeowner's Association, and (iii) Crescent Resources, LLC to establish a connecting trail easement from Black Bear Access Area to the proposed Lake James Loop Trail at the McDowell County /Burke County, NC line. This trail easement shall not be included in the FERC Project Boundaries. Licensee 10.27.1.1 Black Bear Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 5 years post - license Travis Sinclair shall be scheduled to occur during the first five -year period. The Licensee shall offer to McDowell County, NC, and McDowell travis.sinclair @duke - energy.com App A9 RMP County, NC shall consider, an AAII lease to provide trails, cabins, primitive camping, and picnicking. (B)1.a If McDowell County, NC leases the access area from the Licensee through the AAII, the Parties agree that McDowell County, NC may fulfill its lease obligations by entering into a sublease with a commercial business. The NCWRC shall develop the fishing pier included in the proposed Recreation Management Plan License Article if a suitable location is identified. If the NCWRC and the Licensee jointly determine that a fishing pier is not feasible at this site, the AAII lessee shall provide a bank fishing trail. The Parties agree that the AAII lease shall also include maintenance of all facilities, except that the boating access facilities[1] and fishing pier, if one is constructed, shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. If the NCWRC does not revise its maintenance agreement as described in Paragraph 10.4, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the fishing pier and bank fishing trail included in the proposed Recreation Management Plan License Article. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the trails, primitive camping, and picnicking facilities included in the proposed Recreation Management Plan License Article. The Licensee shall be under no obligation to provide cabins. If McDowell County, NC is a Party to this Agreement, the Licensee shall facilitate discussions about trail- easement agreements between McDowell County, NC and (i) the owner of Bear Cliff Development, (ii) the Sunset Development Homeowner's Association, and (iii) Crescent Resources, LLC to establish a connecting trail easement from Black Bear Access Area to the proposed Lake James Loop Trail at the McDowell County /Burke County, NC line. This trail easement shall not be included in the FERC Project Boundaries. App A9 (B)1.a. Black Bear Access Area — Provide restrooms, additional shade trees, shoreline buffer, trails, primitive camping sites, picnic facilities, and a fishing pier if suitable resource conditions for the pier are located. If a suitable area for a fishing pier is not available, a bank fishing trail shall be constructed. CRA Party CRA Section CRA Commitment Commitment Date Duke SME NCWRC 10.27.1.1 Black Bear Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 5 years post - license Travis Sinclair shall be scheduled to occur during the first five -year period. The Licensee shall offer to McDowell County, NC, and McDowell travis.sinclair @duke - energy.com County, NC shall consider, an AAII lease to provide trails, cabins, primitive camping, and picnicking. If McDowell County, NC leases the access area from the Licensee through the AAII, the Parties agree that McDowell County, NC may fulfill its lease obligations by entering into a sublease with a commercial business. The NCWRC shall develop the fishing pier included in the proposed Recreation Management Plan License Article if a suitable location is identified. If the NCWRC and the Licensee jointly determine that a fishing pier is not feasible at this site, the AAII lessee shall provide a bank fishing trail. The Parties agree that the AAII lease shall also include maintenance of all facilities, except that the boating access facilities[1] and fishing pier, if one is constructed, shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. If the NCWRC does not revise its maintenance agreement as described in Paragraph 10.4, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the fishing pier and bank fishing trail included in the proposed Recreation Management Plan License Article. Travis Sinclair McDowell County, 10.27.1.1 Black Bear Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 5 years post - license NC shall be scheduled to occur during the first five -year period. The Licensee shall offer to McDowell County, NC, and McDowell travis.sinclair @duke - energy.com App A9 RMP County, NC shall consider, an AAII lease to provide trails, cabins, primitive camping, and picnicking. (B)1.a If McDowell County, NC leases the access area from the Licensee through the AAII, the Parties agree that McDowell County, NC may fulfill its lease obligations by entering into a sublease with a commercial business. The NCWRC shall develop the fishing pier included in the proposed Recreation Management Plan License Article if a suitable location is identified. If the NCWRC and the Licensee jointly determine that a fishing pier is not feasible at this site, the AAII lessee shall provide a bank fishing trail. The Parties agree that the AAII lease shall also include maintenance of all facilities, except that the boating access facilities[1] and fishing pier, if one is constructed, shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. If the NCWRC does not revise its maintenance agreement as described in Paragraph 10.4, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the fishing pier and bank fishing trail included in the proposed Recreation Management Plan License Article. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the trails, primitive camping, and picnicking facilities included in the proposed Recreation Management Plan License Article. The Licensee shall be under no obligation to provide cabins. If McDowell County, NC is a Party to this Agreement, the Licensee shall facilitate discussions about trail- easement agreements between McDowell County, NC and (i) the owner of Bear Cliff Development, (ii) the Sunset Development Homeowner's Association, and (iii) Crescent Resources, LLC to establish a connecting trail easement from Black Bear Access Area to the proposed Lake James Loop Trail at the McDowell County /Burke County, NC line. This trail easement shall not be included in the FERC Project Boundaries. App A9 (B)1.a. Black Bear Access Area — Provide restrooms, additional shade trees, shoreline buffer, trails, primitive camping sites, picnic facilities, and a fishing pier if suitable resource conditions for the pier are located. If a suitable area for a fishing pier is not available, a bank fishing trail shall be constructed. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.1.2 Lake James State Park and Islands Management Zone — All measures identified for the Lake James State Park and Islands 5 years post - license Travis Sinclair Management Zone in the proposed Recreation Management Plan License Article shall be scheduled to occur during the first five- travis.sinclair @duke - energy.com App A9 RMP year period. (B) 1. b App A9 (B)1.b. Offer the NCDENR a nominal -cost lease for the term of the New License for the Lake James State Park management zone (300 horizontal feet lakeward from full pond elevation) along the shoreline adjoining the State Park, including three islands within the zone. Lake James State Park and Islands Management Zone — All measures identified for the Lake James State Park and Islands 5 years post - license NCDENR 10.27.1.2 Travis Sinclair Management Zone in the proposed Recreation Management Plan License Article shall be scheduled to occur during the first five- travis.sinclair @duke - energy.com App A9 RMP year period. (B) 1. b App A9 (B)1.b. Offer the NCDENR a nominal -cost lease for the term of the New License for the Lake James State Park management zone (300 horizontal feet lakeward from full pond elevation) along the shoreline adjoining the State Park, including three islands within the zone. New Linville Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 10 years post- Burke County, NC 10.27.2.1 Travis Sinclair Article shall be scheduled to occur during the second five -year period if Burke County, NC transfers approximately 10 acres of land license travis.sinclair @duke - energy.com App A9 RMP adjacent to the existing Linville Access Area in fee - simple ownership to the Licensee. Construction of any facilities identified in the (B)1.c. proposed Recreation Management Plan License Article shall be done in accordance with a Burke County- approved site plan. The new boating access facilities including the access road shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. The Licensee shall maintain the vault toilet. The Licensee agrees that Burke County, NC may include in the deed conveying the property from Burke County, NC to the Licensee a reversion clause so that fee - simple ownership of the 10 -acre tract will revert back to Burke County, NC if the recreation use of the 10 -acre tract as defined in this Paragraph 10.27.2.1 is terminated. If Burke County, NC does not transfer the property or if the Linville Canoe /Kayak Access Area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. App A9 (B)1 c. New Linville Access Area — Acquire approximately 10 acres of land near the existing Linville Access Area, provide two boat ramps for trailered motor boats, one courtesy dock, lighted and paved parking, an access road, and a vault toilet. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.2.1 New Linville Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 10 years post- Travis Sinclair Article shall be scheduled to occur during the second five -year period if Burke County, NC transfers approximately 10 acres of land license travis.sinclair @duke - energy.com App A9 RMP adjacent to the existing Linville Access Area in fee - simple ownership to the Licensee. Construction of any facilities identified in the (B)1.c. proposed Recreation Management Plan License Article shall be done in accordance with a Burke County- approved site plan. The new boating access facilities including the access road shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. The Licensee shall maintain the vault toilet. The Licensee agrees that Burke County, NC may include in the deed conveying the property from Burke County, NC to the Licensee a reversion clause so that fee - simple ownership of the 10 -acre tract will revert back to Burke County, NC if the recreation use of the 10 -acre tract as defined in this Paragraph 10.27.2.1 is terminated. If Burke County, NC does not transfer the property or if the Linville Canoe /Kayak Access Area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. App A9 (B)1 c. New Linville Access Area — Acquire approximately 10 acres of land near the existing Linville Access Area, provide two boat ramps for trailered motor boats, one courtesy dock, lighted and paved parking, an access road, and a vault toilet. Burke County, NC 10.27.2.2 Linville Canoe /Kayak Access Area — All measures identified for this access area in the proposed Recreation Management Plan 2nd 5 -year period Travis Sinclair License Article shall be scheduled to occur during the second five -year period, provided that the development of the New Linville travis.sinclair @duke - energy.com App A9 RMP Access Area occurs as noted in Paragraph 10.27.2.1. The Licensee shall offer to Burke County, NC, and Burke County, NC shall (B)1.d consider, an AAII lease to maintain all facilities. App A9 (B)1.d. Linville Canoe /Kayak Access Area — Convert the existing Linville Access Area to canoe /kayak use, provide picnic facilities, shade trees and restrooms. The existing ramps shall not be converted to canoe /kayak use prior to the boat ramps at the New Linville Access Area being declared in- service. Licensee 10.27.2.2 Linville Canoe /Kayak Access Area — All measures identified for this access area in the proposed Recreation Management Plan 2nd 5 -year period Travis Sinclair License Article shall be scheduled to occur during the second five -year period, provided that the development of the New Linville travis.sinclair @duke - energy.com App A9 RMP Access Area occurs as noted in Paragraph 10.27.2.1. The Licensee shall offer to Burke County, NC, and Burke County, NC shall (B)1.d consider, an AAII lease to maintain all facilities. App A9 (B)1.d. Linville Canoe /Kayak Access Area — Convert the existing Linville Access Area to canoe /kayak use, provide picnic facilities, shade trees and restrooms. The existing ramps shall not be converted to canoe /kayak use prior to the boat ramps at the New Linville Access Area being declared in- service. Burke County, NC 10.27.2.3 Lake James Loop Trail — Within ten years following FERC issuance of the New License and the closure of all rehearing and 2nd 5 -year period Travis Sinclair administrative challenge periods related to recreation and provided that Burke County, NC is a Party to this Agreement, the Licensee travis.sinclair @duke - energy.com shall provide funding, not to exceed $500,000, to Burke County, NC to construct up to a total of five miles, including the dam portion (length to be determined based on engineering feasibility), of the planned Lake James Loop Trail. If Burke County, NC is not a Party, these funds shall be provided to NCDENR for the same purpose provided NCDENR is a Party to this Agreement. The location of trail portions other than those crossing the dams shall be determined by Burke County, NC (or NCDENR). The Licensee shall develop a suitable management agreement between the Licensee and Burke County, NC (or NCDENR) for managing the Lake James Loop Trail portion crossing the dams. Except for the portions of the Lake James Loop Trail that cross the dams or cross any of the Licensee -owned public access areas adjoining Lake James, the trail segments constructed shall not be included in the FERC Project Boundaries. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.2.3 Lake James Loop Trail — Within ten years following FERC issuance of the New License and the closure of all rehearing and 2nd 5 -year period Travis Sinclair administrative challenge periods related to recreation and provided that Burke County, NC is a Party to this Agreement, the Licensee travis.sinclair @duke - energy.com shall provide funding, not to exceed $500,000, to Burke County, NC to construct up to a total of five miles, including the dam portion (length to be determined based on engineering feasibility), of the planned Lake James Loop Trail. If Burke County, NC is not a Party, these funds shall be provided to NCDENR for the same purpose provided NCDENR is a Party to this Agreement. The location of trail portions other than those crossing the dams shall be determined by Burke County, NC (or NCDENR). The Licensee shall develop a suitable management agreement between the Licensee and Burke County, NC (or NCDENR) for managing the Lake James Loop Trail portion crossing the dams. Except for the portions of the Lake James Loop Trail that cross the dams or cross any of the Licensee -owned public access areas adjoining Lake James, the trail segments constructed shall not be included in the FERC Project Boundaries. 10.27.2.3 Licensee Lake James Loop Trail — Within ten years following FERC issuance of the New License and the closure of all rehearing and 2nd 5 -year period Travis Sinclair administrative challenge periods related to recreation and provided that Burke County, NC is a Party to this Agreement, the Licensee travis.sinclair @duke - energy.com shall provide funding, not to exceed $500,000, to Burke County, NC to construct up to a total of five miles, including the dam portion (length to be determined based on engineering feasibility), of the planned Lake James Loop Trail. If Burke County, NC is not a Party, these funds shall be provided to NCDENR for the same purpose provided NCDENR is a Party to this Agreement. The location of trail portions other than those crossing the dams shall be determined by Burke County, NC (or NCDENR). The Licensee shall develop a suitable management agreement between the Licensee and Burke County, NC (or NCDENR) for managing the Lake James Loop Trail portion crossing the dams. Except for the portions of the Lake James Loop Trail that cross the dams or cross any of the Licensee -owned public access areas adjoining Lake James, the trail segments constructed shall not be included in the FERC Project Boundaries. 10.27.2.3 Travis Sinclair NCDENR Lake James Loop Trail — Within ten years following FERC issuance of the New License and the closure of all rehearing and 2nd 5 -year period administrative challenge periods related to recreation and provided that Burke County, NC is a Party to this Agreement, the Licensee travis.sinclair @duke - energy.com shall provide funding, not to exceed $500,000, to Burke County, NC to construct up to a total of five miles, including the dam portion (length to be determined based on engineering feasibility), of the planned Lake James Loop Trail. If Burke County, NC is not a Party, these funds shall be provided to NCDENR for the same purpose provided NCDENR is a Party to this Agreement. The location of trail portions other than those crossing the dams shall be determined by Burke County, NC (or NCDENR). The Licensee shall develop a suitable management agreement between the Licensee and Burke County, NC (or NCDENR) for managing the Lake James Loop Trail portion crossing the dams. Except for the portions of the Lake James Loop Trail that cross the dams or cross any of the Licensee -owned public access areas adjoining Lake James, the trail segments constructed shall not be included in the FERC Project Boundaries. Pocket Park at Dam for Lake James Loop Trail — All measures identified for this area in the proposed Recreation Management Plan 2nd 5 -year period Travis Sinclair Licensee 10.27.2.4 License Article shall be scheduled to occur during the second five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)1.e. App A9 e. Pocket Park at Dam for Lake James Loop Trail — Create an approximately ten -acre park with parking, picnic facilities, photographic overlooks, and bank fishing trail near the Linville Dam at the existing canoe portage take -out. CRA Party CRA Section CRA Commitment Commitment Date Duke SME Licensee 10.27.3.1 North Bend Recreation Land — Within five years following FERC issuance of the New License and the closure of all rehearing and 1 st 5 -year period Travis Sinclair administrative challenge periods related to recreation, provided that the NCDENR is a Party to this Agreement, Duke Energy shall travis.sinclair @duke - energy.com convey approximately 550 acres of property adjacent to the Catawba River at the second Powerhouse Road Bridge downstream of the Bridgewater Powerhouse to the NCDENR for public recreation and compatible permanent conservation. NCDENR shall develop and manage the property to provide multiple public recreation opportunities for the term of the New License. This area shall not be included in the FERC Project Boundaries. The Parties acknowledge that the Licensee may use portions of the property as borrow areas to support the ongoing Bridgewater Dam Upgrade Project. To continue completion of this important dam upgrade, the Licensee may, at its sole discretion, delay the conveyance of all or a portion of this property to the NCDENR pending completion of the Bridgewater Dam Upgrade Project. The borrow areas shall be reclaimed prior to conveyance. The Parties agree that the conservation easements (see Appendix O) identified in the North Carolina Flow Mitigation Package (see Paragraph 4.5.) shall remain in place. This property may also include an easement or corridor for the term of the New License for approximately 3.5 miles for the Overmountain Victory National Historic Trail (OVNHT) corridor as noted in Paragraph 10.27.4.2. The Licensee shall identify the easement or corridor location in consultation with the National Park Service, Burke County, NC, the NCSHPO, NCDENR, and the NCWRC. This property may also include conservation easements or deed restrictions to protect any populations of dwarf - flowered heartleaf (Hexastylis naniflora) currently existing on the property. If the NCDENR is not a Party to this Agreement, Duke Energy shall have no obligation to transfer the lands identified in this Paragraph 10.27.3.1. NCDENR 10.27.3.1 North Bend Recreation Land — Within five years following FERC issuance of the New License and the closure of all rehearing and 1st 5 -year period Travis Sinclair administrative challenge periods related to recreation, provided that the NCDENR is a Party to this Agreement, Duke Energy shall travis.sinclair @duke - energy.com convey approximately 550 acres of property adjacent to the Catawba River at the second Powerhouse Road Bridge downstream of the Bridgewater Powerhouse to the NCDENR for public recreation and compatible permanent conservation. NCDENR shall develop and manage the property to provide multiple public recreation opportunities for the term of the New License. This area shall not be included in the FERC Project Boundaries. The Parties acknowledge that the Licensee may use portions of the property as borrow areas to support the ongoing Bridgewater Dam Upgrade Project. To continue completion of this important dam upgrade, the Licensee may, at its sole discretion, delay the conveyance of all or a portion of this property to the NCDENR pending completion of the Bridgewater Dam Upgrade Project. The borrow areas shall be reclaimed prior to conveyance. The Parties agree that the conservation easements (see Appendix O) identified in the North Carolina Flow Mitigation Package (see Paragraph 4.5.) shall remain in place. This property may also include an easement or corridor for the term of the New License for approximately 3.5 miles for the Overmountain Victory National Historic Trail (OVNHT) corridor as noted in Paragraph 10.27.4.2. The Licensee shall identify the easement or corridor location in consultation with the National Park Service, Burke County, NC, the NCSHPO, NCDENR, and the NCWRC. This property may also include conservation easements or deed restrictions to protect any populations of dwarf - flowered heartleaf (Hexastylis naniflora) currently existing on the property. If the NCDENR is not a Party to this Agreement, Duke Energy shall have no obligation to transfer the lands identified in this Paragraph 10.27.3.1. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.3.2 North Bend Access Area — Within five years following FERC issuance of the New License and the closure of all rehearing and 1 st 5 -year period Travis Sinclair administrative challenge periods related to recreation, provided that the NCWRC is a Party to this Agreement, Duke Energy shall travis.sinclair @duke - energy.com convey approximately 10 acres of property adjacent to the Catawba River at the second Powerhouse Road Bridge downstream of the Bridgewater Powerhouse to the NCWRC and the Licensee shall provide up to $225,000 to NCWRC to develop and maintain a trailered -boat access, bank fishing, and parking area on that property. If the NCWRC is not a Party, then Duke Energy shall have no obligation to convey the property to NCWRC and the Licensee shall have no obligation to provide the funding support in this Paragraph 10.27.3.2, but the Licensee shall acquire the approximately 10 acres of property and develop a trailered -boat ramp, bank fishing, and parking area. All Licensee - constructed facilities shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. This area shall not be included in the FERC Project Boundaries. North Bend Access Area — Within five years following FERC issuance of the New License and the closure of all rehearing and 1 st 5 -year period NCWRC 10.27.3.2 Travis Sinclair administrative challenge periods related to recreation, provided that the NCWRC is a Party to this Agreement, Duke Energy shall travis.sinclair @duke - energy.com convey approximately 10 acres of property adjacent to the Catawba River at the second Powerhouse Road Bridge downstream of the Bridgewater Powerhouse to the NCWRC and the Licensee shall provide up to $225,000 to NCWRC to develop and maintain a trailered -boat access, bank fishing, and parking area on that property. If the NCWRC is not a Party, then Duke Energy shall have no obligation to convey the property to NCWRC and the Licensee shall have no obligation to provide the funding support in this Paragraph 10.27.3.2, but the Licensee shall acquire the approximately 10 acres of property and develop a trailered -boat ramp, bank fishing, and parking area. All Licensee - constructed facilities shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. This area shall not be included in the FERC Project Boundaries. Catawba - Linville River Confluence Recreation Land — Within five years following FERC issuance of the New License and the 1 st 5 -year period Licensee 10.27.3.3 Travis Sinclair closure of all rehearing and administrative challenge periods related to recreation, provided that the NCDENR is a Party to this travis.sinclair @duke - energy.com Agreement, Duke Energy shall convey approximately 420 acres of property adjacent to the Catawba River in the vicinity of the confluence of the Catawba River Bypassed Reach and the Bridgewater Regulated River Reach to the NCDENR for public recreation and compatible permanent conservation. NCDENR shall develop and manage the property to provide multiple public recreation opportunities for the term of the New License. This area shall not be included in the FERC Project Boundaries. The Parties agree that the conservation easements (see Appendix O) identified in the North Carolina Flow Mitigation Package (see Paragraph 4.5.) shall remain in place. If the NCDENR is not a Party to this Agreement, Duke Energy shall have no obligation to transfer the lands identified in this Paragraph 10.27.3.3. CRA Party CRA Section CRA Commitment Commitment Date Duke SME NCDENR 10.27.3.3 Catawba - Linville River Confluence Recreation Land — Within five years following FERC issuance of the New License and the 1 st 5 -year period Travis Sinclair closure of all rehearing and administrative challenge periods related to recreation, provided that the NCDENR is a Party to this travis.sinclair @duke - energy.com Agreement, Duke Energy shall convey approximately 420 acres of property adjacent to the Catawba River in the vicinity of the confluence of the Catawba River Bypassed Reach and the Bridgewater Regulated River Reach to the NCDENR for public recreation and compatible permanent conservation. NCDENR shall develop and manage the property to provide multiple public recreation opportunities for the term of the New License. This area shall not be included in the FERC Project Boundaries. The Parties agree that the conservation easements (see Appendix O) identified in the North Carolina Flow Mitigation Package (see Paragraph 4.5.) shall remain in place. If the NCDENR is not a Party to this Agreement, Duke Energy shall have no obligation to transfer the lands identified in this Paragraph 10.27.3.3. Licensee 10.27.3.4 Paddy Creek Recreation Land — Within five years following FERC issuance of the New License and the closure of all rehearing and 1 st 5 -year period Travis Sinclair administrative challenge periods related to recreation, provided that the NCDENR is a Party to this Agreement, Duke Energy shall travis.sinclair @duke - energy.com convey approximately 275 acres of property downstream of the Paddy Creek and Linville dams to the NCDENR for public recreation and compatible permanent conservation. The property shall be developed and managed by the NCDENR to provide multiple public recreation opportunities for the term of the New License. This area shall not be included in the FERC Project Boundaries. The Parties acknowledge that the Licensee is using portions of the property as borrow areas to support the ongoing Bridgewater Dam Upgrade Project. To continue completion of this important dam upgrade, the Licensee, may, at its sole discretion, delay the conveyance of all or a portion of this property to the NCDENR pending completion of the Bridgewater Dam Upgrade Project. The borrow areas shall be reclaimed prior to conveyance. The Parties agree that the conservation easements (see Appendix O) identified in the North Carolina Flow Mitigation Package (see Paragraph 4.5.) shall remain in place. The Parties further agree that this property shall also include an easement or corridor for the term of the New License for approximately 2.5 miles of the Overmountain Victory National Historic Trail corridor as noted in Section 10.27.4.2. The Licensee shall identify the easement or corridor location in consultation with the National Park Service, Burke County, NC, the NCSHPO, the NCDENR, and the NCWRC. This property may also include conservation easements or deed restrictions to protect any populations of dwarf- flowered heartleaf (Hexastylis naniflora) currently existing on the property. If the NCDENR is not a Party to this Agreement, Duke Energy shall have no obligation to transfer the lands identified in this Paragraph 10.27.3.4. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR 10.27.3.4 Paddy Creek Recreation Land — Within five years following FERC issuance of the New License and the closure of all rehearing and 1st 5 -year period Travis Sinclair administrative challenge periods related to recreation, provided that the NCDENR is a Party to this Agreement, Duke Energy shall travis.sinclair @duke - energy.com convey approximately 275 acres of property downstream of the Paddy Creek and Linville dams to the NCDENR for public recreation and compatible permanent conservation. The property shall be developed and managed by the NCDENR to provide multiple public recreation opportunities for the term of the New License. This area shall not be included in the FERC Project Boundaries. The Parties acknowledge that the Licensee is using portions of the property as borrow areas to support the ongoing Bridgewater Dam Upgrade Project. To continue completion of this important dam upgrade, the Licensee, may, at its sole discretion, delay the conveyance of all or a portion of this property to the NCDENR pending completion of the Bridgewater Dam Upgrade Project. The borrow areas shall be reclaimed prior to conveyance. The Parties agree that the conservation easements (see Appendix O) identified in the North Carolina Flow Mitigation Package (see Paragraph 4.5.) shall remain in place. The Parties further agree that this property shall also include an easement or corridor for the term of the New License for approximately 2.5 miles of the Overmountain Victory National Historic Trail corridor as noted in Section 10.27.4.2. The Licensee shall identify the easement or corridor location in consultation with the National Park Service, Burke County, NC, the NCSHPO, the NCDENR, and the NCWRC. This property may also include conservation easements or deed restrictions to protect any populations of dwarf- flowered heartleaf (Hexastylis naniflora) currently existing on the property. If the NCDENR is not a Party to this Agreement, Duke Energy shall have no obligation to transfer the lands identified in this Paragraph 10.27.3.4. Licensee 10.27.3.5 Muddy Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)1 .g. App A9 g. Muddy Creek Access Area — Acquire 1 to 3 acres of property on Muddy Creek between Interstate 40 and the confluence of Muddy' Creek and the Catawba River Bypassed Reach and develop a canoe /kayak access with approximately 10 gravel parking spaces. Morganton Weir Take -out Area — Within five years following FERC issuance of the New License and the closure of all rehearing and 1 st 5 -year period Travis Sinclair Licensee 10.27.3.6 administrative challenge periods related to recreation, provided that the City of Morganton, NC is a Party to this Agreement, the travis.sinclair @duke - energy.com Licensee shall provide funding up to $125,000 to the City of Morganton, NC for the City to develop a trailered -boat ramp and approximately ten gravel parking spaces upstream in the immediate vicinity of the Morganton Weir. Provided that security issues can be satisfactorily addressed and provided that the City of Morganton, NC can arrange for the ongoing maintenance of the ramp and support facilities, the City of Morganton, NC shall provide the necessary land and any other support facilities (e.g., restrooms, road enhancements) to develop and maintain the site. This area shall not be included in the FERC Project Boundaries. If the City of Morganton, NC is (i) not a Party to this Agreement; or (ii) elects not to develop and manage the Take -out Area for any reason and the security issues can be satisfactorily addressed, these funds shall be provided to NCDENR for the same purpose provided NCDENR is a Party to this Agreement. NCDENR will also arrange for the ongoing maintenance of the ramp and support facilities. If neither the City of Morganton, NC nor NCDENR is a Party to this Agreement or if neither the City nor NCDENR is willing to develop and manage the Take -Out Area, the Licensee shall have no obligation to provide the funding set forth in this Paragraph 10.27.3.6. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Morganton, NC 10.27.3.6 Morganton Weir Take -out Area — Within five years following FERC issuance of the New License and the closure of all rehearing and 1 st 5 -year period Travis Sinclair administrative challenge periods related to recreation, provided that the City of Morganton, NC is a Party to this Agreement, the travis.sinclair @duke - energy.com Licensee shall provide funding up to $125,000 to the City of Morganton, NC for the City to develop a trailered -boat ramp and approximately ten gravel parking spaces upstream in the immediate vicinity of the Morganton Weir. Provided that security issues can be satisfactorily addressed and provided that the City of Morganton, NC can arrange for the ongoing maintenance of the ramp and support facilities, the City of Morganton, NC shall provide the necessary land and any other support facilities (e.g., restrooms, road enhancements) to develop and maintain the site. This area shall not be included in the FERC Project Boundaries. If the City of Morganton, NC is (i) not a Party to this Agreement; or (ii) elects not to develop and manage the Take -out Area for any reason and the security issues can be satisfactorily addressed, these funds shall be provided to NCDENR for the same purpose provided NCDENR is a Party to this Agreement. NCDENR will also arrange for the ongoing maintenance of the ramp and support facilities. If neither the City of Morganton, NC nor NCDENR is a Party to this Agreement or if neither the City nor NCDENR is willing to develop and manage the Take -Out Area, the Licensee shall have no obligation to provide the funding set forth in this Paragraph 10.27.3.6. NCDENR 10.27.3.6 Morganton Weir Take -out Area — Within five years following FERC issuance of the New License and the closure of all rehearing and 1 st 5 -year period Travis Sinclair administrative challenge periods related to recreation, provided that the City of Morganton, NC is a Party to this Agreement, the travis.sinclair @duke - energy.com Licensee shall provide funding up to $125,000 to the City of Morganton, NC for the City to develop a trailered -boat ramp and approximately ten gravel parking spaces upstream in the immediate vicinity of the Morganton Weir. Provided that security issues can be satisfactorily addressed and provided that the City of Morganton, NC can arrange for the ongoing maintenance of the ramp and support facilities, the City of Morganton, NC shall provide the necessary land and any other support facilities (e.g., restrooms, road enhancements) to develop and maintain the site. This area shall not be included in the FERC Project Boundaries. If the City of Morganton, NC is (i) not a Party to this Agreement; or (ii) elects not to develop and manage the Take -out Area for any reason and the security issues can be satisfactorily addressed, these funds shall be provided to NCDENR for the same purpose provided NCDENR is a Party to this Agreement. NCDENR will also arrange for the ongoing maintenance of the ramp and support facilities. If neither the City of Morganton, NC nor NCDENR is a Party to this Agreement or if neither the City nor NCDENR is willing to develop and manage the Take -Out Area, the Licensee shall have no obligation to provide the funding set forth in this Paragraph 10.27.3.6. Bridgewater Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 2nd 5 -year period Travis Sinclair Licensee 10.27.4.1 Article shall be scheduled to occur during the second five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)1.f App A9 f. Bridgewater Access Area — Provide restrooms, launching ramp for trailered boats, additional parking, and picnic facilities. Evaluate the existing portage trail and signage and incorporate any needed improvements. CRA Party CRA Section CRA Commitment Commitment Date Duke SME Burke County, NC 10.27.4.2 Lake James -to- Morganton OVNHT Corridor — Within ten years following FERC issuance of the New License and the closure of all 2nd 5 -year period Travis Sinclair rehearing and administrative challenge periods related to recreation, provided that Burke County, NC is a Party to this Agreement, travis.sinclair @duke - energy.com the Licensee shall provide funding up to $600,000 to the County to develop approximately six miles of the Overmountain Victory National Historic Trail ( OVNHT). The Licensee shall also acquire easements or corridors (not to exceed 300 feet in width) on the North Bend Recreation Land tract, the Paddy Creek Recreation Land tract and other lands in the vicinity of Linville Dam for approximately six miles total of the OVNHT corridor, and these easements or corridors shall be for the term of the New License. If Burke County, NC is not a Party to this Agreement or elects not to receive the funding, this funding shall be provided to the NCDENR, if the NCDENR is a Party to this Agreement, for construction and operation of the six miles of trail. With the exception of that portion of the trail that crosses the Bridgewater Access Area and Portage, the six miles of trail and six miles of trail corridor shall not be included in the FERC Project Boundaries. If entities other than the Licensee pay the cost of developing and operating all of the OVNHT in Burke County, NC, the Licensee shall add up to $600,000 to the North Carolina Land Conservation Support (see Section 14.5.1). If (i) Burke County, NC is a Party to this Agreement; (ii) NCDENR is a Party to this Agreement; or (iii) other entities pay the cost of OVNHT development and operation, the Licensee shall include segments of the OVNHT that cross the Bridgewater Access Area and Portage in its RMP with construction to occur within ten years following FERC issuance of the New License and the closure of alll rehearing and administrative challenge periods related to recreation, but only if the Licensee determines that these trail segments are feasible. If neither Burke County, NC nor NCDENR is a Party to this Agreement and if no other entities pay the cost of developing and operating the six miles of OVNHT, the Licensee shall have no obligation to acquire the easements or corridors or provide the funding described in this Paragraph 10.27.4.2. CRA Party CRA Section CRA Commitment Commitment Date Duke SME Licensee 10.27.4.2 Lake James -to- Morganton OVNHT Corridor — Within ten years following FERC issuance of the New License and the closure of all 2nd 5 -year period Travis Sinclair rehearing and administrative challenge periods related to recreation, provided that Burke County, NC is a Party to this Agreement, travis.sinclair @duke - energy.com the Licensee shall provide funding up to $600,000 to the County to develop approximately six miles of the Overmountain Victory National Historic Trail ( OVNHT). The Licensee shall also acquire easements or corridors (not to exceed 300 feet in width) on the North Bend Recreation Land tract, the Paddy Creek Recreation Land tract and other lands in the vicinity of Linville Dam for approximately six miles total of the OVNHT corridor, and these easements or corridors shall be for the term of the New License. If Burke County, NC is not a Party to this Agreement or elects not to receive the funding, this funding shall be provided to the NCDENR, if the NCDENR is a Party to this Agreement, for construction and operation of the six miles of trail. With the exception of that portion of the trail that crosses the Bridgewater Access Area and Portage, the six miles of trail and six miles of trail corridor shall not be included in the FERC Project Boundaries. If entities other than the Licensee pay the cost of developing and operating all of the OVNHT in Burke County, NC, the Licensee shall add up to $600,000 to the North Carolina Land Conservation Support (see Section 14.5.1). If (i) Burke County, NC is a Party to this Agreement; (ii) NCDENR is a Party to this Agreement; or (iii) other entities pay the cost of OVNHT development and operation, the Licensee shall include segments of the OVNHT that cross the Bridgewater Access Area and Portage in its RMP with construction to occur within ten years following FERC issuance of the New License and the closure of alll rehearing and administrative challenge periods related to recreation, but only if the Licensee determines that these trail segments are feasible. If neither Burke County, NC nor NCDENR is a Party to this Agreement and if no other entities pay the cost of developing and operating the six miles of OVNHT, the Licensee shall have no obligation to acquire the easements or corridors or provide the funding described in this Paragraph 10.27.4.2. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR 10.27.4.2 Lake James -to- Morganton OVNHT Corridor — Within ten years following FERC issuance of the New License and the closure of all 2nd 5 -year period Travis Sinclair rehearing and administrative challenge periods related to recreation, provided that Burke County, NC is a Party to this Agreement, travis.sinclair @duke - energy.com the Licensee shall provide funding up to $600,000 to the County to develop approximately six miles of the Overmountain Victory National Historic Trail ( OVNHT). The Licensee shall also acquire easements or corridors (not to exceed 300 feet in width) on the North Bend Recreation Land tract, the Paddy Creek Recreation Land tract and other lands in the vicinity of Linville Dam for approximately six miles total of the OVNHT corridor, and these easements or corridors shall be for the term of the New License. If Burke County, NC is not a Party to this Agreement or elects not to receive the funding, this funding shall be provided to the NCDENR, if the NCDENR is a Party to this Agreement, for construction and operation of the six miles of trail. With the exception of that portion of the trail that crosses the Bridgewater Access Area and Portage, the six miles of trail and six miles of trail corridor shall not be included in the FERC Project Boundaries. If entities other than the Licensee pay the cost of developing and operating all of the OVNHT in Burke County, NC, the Licensee shall add up to $600,000 to the North Carolina Land Conservation Support (see Section 14.5.1). If (i) Burke County, NC is a Party to this Agreement; (ii) NCDENR is a Party to this Agreement; or (iii) other entities pay the cost of OVNHT development and operation, the Licensee shall include segments of the OVNHT that cross the Bridgewater Access Area and Portage in its RMP with construction to occur within ten years following FERC issuance of the New License and the closure of alll rehearing and administrative challenge periods related to recreation, but only if the Licensee determines that these trail segments are feasible. If neither Burke County, NC nor NCDENR is a Party to this Agreement and if no other entities pay the cost of developing and operating the six miles of OVNHT, the Licensee shall have no obligation to acquire the easements or corridors or provide the funding described in this Paragraph 10.27.4.2. Licensee 10.27.4.3 Watermill Road Access Area — Within ten years following FERC issuance of the New License and the closure of all rehearing and 10 years post- Travis Sinclair administrative challenge periods related to recreation, the Licensee shall provide funding up to $65,000 to the Town of Glen Alpine, license travis.sinclair @duke - energy.com NC to modify the existing canoe /kayak access facility to better accommodate trailered boats in addition to canoes and kayaks and provided that construction of the facilities and management of the site shall be provided by the Town of Glen Alpine, NC. This access area shall not be included in the FERC Project Boundaries. Corpening Bridge Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Licensee 10.27.5.1 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. The boating access facilities shall be maintained under the travis.sinclair @duke - energy.com App A9 RMP NCWRC maintenance agreement described in Paragraph 10.4. (B)2.a App A9 a. Corpening Bridge — Acquire approximately 10 acres and construct a launching ramp for trailered boats, and approximately ten gravel parking spaces on the Johns River at the Corpening Road Bridge. Corpening Bridge Access Area — All measures identified for this access area in the proposed Recreation Management Plan License NCWRC 10.27.5.1 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. The boating access facilities shall be maintained under the travis.sinclair @duke - energy.com App A9 RMP NCWRC maintenance agreement described in Paragraph 10.4. (B)2.a App A9 a. Corpening Bridge — Acquire approximately 10 acres and construct a launching ramp for trailered boats, and approximately ten gravel parking spaces on the Johns River at the Corpening Road Bridge. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Caldwell County, NC 10.27.5.2 Wilson Creek Access Area — Within five years following FERC issuance of the New License and the closure of all rehearing and 1 st 5 -year period Travis Sinclair administrative challenge periods related to recreation, provided that Caldwell County, NC is a Party to this Agreement, the Licensee travis.sinclair @duke - energy.com shall acquire 50 to 100 acres of land along Wilson Creek between Adako Road and the confluence of Wilson Creek with the Johns River and offer an AAII lease to Caldwell County, NC for development and management of camping, canoe /kayak access, parking, trails, and restrooms by the County. Provided that Caldwell County, NC leases the site, the Licensee shall also develop bank fishing and picnic facilities. Caldwell County, NC will consider the AM lease and, provided that the County leases the site and the County, or its designee, agrees to fund the annual maintenance cost of a new United States Geological Survey (USGS) streamflow gage for the term of the New License, the Licensee shall, concurrent with development of the bank fishing and picnic facilities at the Wilson Creek Access Area, pay for the initial construction of a new USGS streamflow gage on Wilson Creek in the vicinity of Adako Road. Caldwell County, NC shall manage this access area and maintain all facilities. This access area shall not be included in the FERC Project Boundaries. If Caldwell County, NC is not a Party to this Agreement or elects not to lease the site, the Licensee shall be under no obligation to fund or implement any of the activities specified in this Paragraph 10.27.5.2. Wilson Creek Access Area — Within five years following FERC issuance of the New License and the closure of all rehearing and 1 st 5 -year period Licensee 10.27.5.2 Travis Sinclair administrative challenge periods related to recreation, provided that Caldwell County, NC is a Party to this Agreement, the Licensee travis.sinclair @duke - energy.com shall acquire 50 to 100 acres of land along Wilson Creek between Adako Road and the confluence of Wilson Creek with the Johns River and offer an AAII lease to Caldwell County, NC for development and management of camping, canoe /kayak access, parking, trails, and restrooms by the County. Provided that Caldwell County, NC leases the site, the Licensee shall also develop bank fishing and picnic facilities. Caldwell County, NC will consider the AAII lease and, provided that the County leases the site and the County, or its designee, agrees to fund the annual maintenance cost of a new United States Geological Survey (USGS) streamflow gage for the term of the New License, the Licensee shall, concurrent with development of the bank fishing and picnic facilities at the Wilson Creek Access Area, pay for the initial construction of a new USGS streamflow gage on Wilson Creek in the vicinity of Adako Road. Caldwell County, NC shall manage this access area and maintain all facilities. This access area shall not be included in the FERC Project Boundaries. If Caldwell County, NC is not a Party to this Agreement or elects not to lease the site, the Licensee shall be under no obligation to fund or implement any of the activities specified in this Paragraph 10.27.5.2. Caldwell County, NC 10.27.5.3 Upper Johns River Access Area — Within five years following FERC issuance of the New License and the closure of all rehearing 1 st 5 -year period Travis Sinclair and administrative challenge periods related to recreation, provided that Caldwell County, NC is a Party to this Agreement, the travis.sinclair @duke - energy.com Licensee shall provide funding up to $125,000 to Caldwell County, NC to develop an additional canoe /kayak access with parking at a location to be acquired by the County on the Johns River, upstream of its confluence with Wilson Creek. However, if Caldwell County, NC is able to acquire the property and develop the facilities at this location without assistance from the Licensee during that five years, the Licensee's funding may be used to develop the facilities specified in Paragraph 10.27.5.2 at Wilson Creek Access Area within five years following FERC issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. Caldwell County, NC shall develop and manage this access area and maintain all facilities. This access area shall not be included in the FERC Project Boundaries. If Caldwell County, NC is not a Party to this Agreement or elects not to develop any facilities at this site, the Licensee shall be under no obligation to provide the funding described in this Paragraph 10.27.5.3. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.5.3 Upper Johns River Access Area — Within five years following FERC issuance of the New License and the closure of all rehearing 1 st 5 -year period Travis Sinclair and administrative challenge periods related to recreation, provided that Caldwell County, NC is a Party to this Agreement, the travis.sinclair @duke - energy.com Licensee shall provide funding up to $125,000 to Caldwell County, NC to develop an additional canoe /kayak access with parking at a location to be acquired by the County on the Johns River, upstream of its confluence with Wilson Creek. However, if Caldwell County, NC is able to acquire the property and develop the facilities at this location without assistance from the Licensee during that five years, the Licensee's funding may be used to develop the facilities specified in Paragraph 10.27.5.2 at Wilson Creek Access Area within five years following FERC issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. Caldwell County, NC shall develop and manage this access area and maintain all facilities. This access area shall not be included in the FERC Project Boundaries. If Caldwell County, NC is not a Party to this Agreement or elects not to develop any facilities at this site, the Licensee shall be under no obligation to provide the funding described in this Paragraph 10.27.5.3. Johns River Gameland —Between the effective date of this Agreement and August 1, 2009, provided that the NCWRC is a Party to IlComplete Licensee 10.27.5.4 Mark Oakley this Agreement, Duke Energy shall support the acquisition by the Foothills Land Conservancy and /or the NCWRC of up to 2,882 mark.oakley @duke - energy.com acres in the vicinity of the confluence of the Johns River and Lake Rhodhiss for public recreation and compatible permanent conservation. The NCWRC shall develop and manage the property for gamelands. The approximately 25 acres of bog turtle habitat located in Burke County, NC in the Bristol Creek Watershed (tributary to Lake Rhodhiss) on the Johns River Gameland tract shall be managed by the NCWRC provided the NCWRC is a Party to this Agreement and the NCWRC acquires the portion of the Johns River Gamelands tract that includes this bog turtle habitat. If the NCWRC does not acquire the portion of the Johns River Gamelands tract that includes this bog turtle habitat, then the NCWRC shall have no obligation to protect the subject bog turtle habitat. This gamelands tract shall not be included in the FERC Project Boundaries. Duke Energy's financial support for this acquisition shall consist of a reduction in the purchase price of $915 per acre purchased up to $2,640,000 if the total tract is purchased. NCWRC 10.27.5.4 Johns River Gameland —Between the effective date of this Agreement and August 1, 2009, provided that the NCWRC is a Party to Complete Mark Oakley this Agreement, Duke Energy shall support the acquisition by the Foothills Land Conservancy and /or the NCWRC of up to 2,882 mark.oakley @duke - energy.com acres in the vicinity of the confluence of the Johns River and Lake Rhodhiss for public recreation and compatible permanent conservation. The NCWRC shall develop and manage the property for gamelands. The approximately 25 acres of bog turtle habitat located in Burke County, NC in the Bristol Creek Watershed (tributary to Lake Rhodhiss) on the Johns River Gameland tract shall be managed by the NCWRC provided the NCWRC is a Party to this Agreement and the NCWRC acquires the portion of the Johns River Gamelands tract that includes this bog turtle habitat. If the NCWRC does not acquire the portion of the Johns River Gamelands tract that includes this bog turtle habitat, then the NCWRC shall have no obligation to protect the subject bog turtle habitat. This gamelands tract shall not be included in the FERC Project Boundaries. Duke Energy's financial support for this acquisition shall consist of a reduction in the purchase price of $915 per acre purchased up to $2,640,000 if the total tract is purchased. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.5.5 Conley Creek Access Area (Sawmills Veterans Park) — All measures identified for this access area in the proposed Recreation 1 st 5 -year period Travis Sinclair Management Plan License Article shall be scheduled to occur during the first five -year period. The Licensee shall offer to revise its travis.sinclair @duke - energy.com App A9 RMP existing AAII lease with the Town of Sawmills, NC for the Town to maintain the trail constructed at the site by the Licensee in (B)2.b accordance with the proposed Recreation Management Plan License Article. All boating access facilities and the existing public fishing pier shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. If the Town does not accept the revised AAII lease, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the approximately two miles of trail included in the proposed Recreation Management Plan License Article. App A9 b. Conley Creek Access Area (Sawmills Veterans Park) — Construct approximately two additional miles of trail. Licensee 10.25.5.6 Rhodhiss Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 1 st 5 -year period Travis Sinclair shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)2.c App A9 c. Rhodhiss Access Area — Provide restrooms. Licensee 10.25.5.7 Rhodhiss Dam Canoe Portage — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)2.e App A9 e. Rhodhiss Dam Canoe Portage — Evaluate the existing portage trail and signage and incorporate any needed improvements. Castle Bridge Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Licensee 10.25.6.1 3rd 5 -year period Travis Sinclair Article shall be scheduled to occur during the third five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)2.d App A9 d. Castle Bridge Access Area — Provide restrooms. Licensee 10.25.7.1 1st 5 -year period Travis Sinclair First Lake Hickory Swimming Area —The Parties agree that construction of one of the swimming areas included in the proposed travis.sinclair @duke- energy.com App A9 RMP Recreation Management Plan License Article shall be scheduled to occur during the first five -year period and shall be at Wittenburg (B)3.a Access Area if the Licensee, in its sole discretion, determines it to be feasible. If it is not feasible to develop a swimming area at the Wittenburg Access Area, the Parties agree that the Licensee shall develop a swimming area elsewhere on Lake Hickory. App A9 a. Lake Hickory Swimming Areas — Develop two swimming areas. Alexander County, 10.27.8.1 Wittenburg Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period Travis Sinclair NC shall be scheduled to occur during the second five -year period. The Licensee shall offer to Alexander County, NC, and Alexander travis.sinclair @duke - energy.com App A9 RMP County, NC shall consider, an AAII lease to provide additional day -use facilities and maintain all new facilities. All boating access (B) 3.b facilities and the existing public fishing pier shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. App A9 b. Wittenburg Access Area — Acquire approximately 15 additional acres to include in the access area (total of approximately 28 acres), and provide restrooms, picnic facilities, and additional paved parking. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.8.1 Wittenburg Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period Travis Sinclair shall be scheduled to occur during the second five -year period. The Licensee shall offer to Alexander County, NC, and Alexander travis.sinclair @duke - energy.com App A9 RMP County, NC shall consider, an AAII lease to provide additional day -use facilities and maintain all new facilities. All boating access (B) 3.b facilities and the existing public fishing pier shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. App A9 b. Wittenburg Access Area — Acquire approximately 15 additional acres to include in the access area (total of approximately 28 acres), and provide restrooms, picnic facilities, and additional paved parking. Travis Sinclair NCWRC 10.27.8.1 Wittenburg Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period shall be scheduled to occur during the second five -year period. The Licensee shall offer to Alexander County, NC, and Alexander travis.sinclair @duke - energy.com App A9 RMP County, NC shall consider, an AAII lease to provide additional day -use facilities and maintain all new facilities. All boating access (B) 3.b facilities and the existing public fishing pier shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. App A9 b. Wittenburg Access Area — Acquire approximately 15 additional acres to include in the access area (total of approximately 28 acres), and provide restrooms, picnic facilities, and additional paved parking. Alexander County, 10.27.8.2 Dusty Ridge Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 2nd 5 -year period Travis Sinclair NC Article shall be scheduled to occur during the second five -year period. The Licensee shall offer to revise the existing AAII lease with travis.sinclair @duke - energy.com App A9 RMP Alexander County, NC to include maintaining the additional Licensee - provided facilities identified in the proposed Recreation (B) 3.c Management Plan License Article. Alexander County, NC shall consider entering into the revised AAII lease. If Alexander County, NC does not accept the revised AN lease, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article. App A9 c. Dusty Ridge Access Area — Develop approximately one mile of trail and provide restrooms. Licensee 10.27.8.2 Dusty Ridge Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 2nd 5 -year period Travis Sinclair Article shall be scheduled to occur during the second five -year period. The Licensee shall offer to revise the existing AAII lease with travis.sinclair @duke - energy.com App A9 RMP Alexander County, NC to include maintaining the additional Licensee - provided facilities identified in the proposed Recreation (B) 3.c Management Plan License Article. Alexander County, NC shall consider entering into the revised AAII lease. If Alexander County, NC does not accept the revised AN lease, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article. App A9 c. Dusty Ridge Access Area — Develop approximately one mile of trail and provide restrooms. Lovelady Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article Licensee 10.27.9.1 3rd 5 -year period Travis Sinclair shall be scheduled to occur during the third five -year period. The proposed fishing pier shall be maintained under the NCWRC travis.sinclair @duke - energy.com App A9 RMP maintenance agreement described in Paragraph 10.4. (B) 3.d App A9 d. Lovelady Access Area — Construct a fishing pier if suitable resource conditions are located. If a suitable location for a fishing pier is not available at this site, then find an alternative site for the pier in Caldwell County on Lake Hickory. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC 10.27.9.1 Lovelady Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 3rd 5 -year period Travis Sinclair shall be scheduled to occur during the third five -year period. The proposed fishing pier shall be maintained under the NCWRC travis.sinclair @duke - energy.com App A9 RMP maintenance agreement described in Paragraph 10.4. (B) 3.d App A9 d. Lovelady Access Area — Construct a fishing pier if suitable resource conditions are located. If a suitable location for a fishing pier is not available at this site, then find an alternative site for the pier in Caldwell County on Lake Hickory. Hickory, NC 10.27.9.2 Long Shoals Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 3rd 5 -year period Travis Sinclair Article shall be scheduled to occur during the third five -year period. The Licensee shall offer to the City of Hickory, NC, and the City travis.sinclair @duke - energy.com App A9 RMP of Hickory, NC shall consider, an AAII lease for development and maintenance of additional day -use recreation facilities that may (B) 3.e include, but are not limited to, a picnic area, walking trails and restrooms. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. The Licensee shall be under no obligation to provide a picnic area, walking trails or restrooms. App A9 e. Long Shoals Access Area — Provide a canoe /kayak access facility with gravel parking. Licensee 10.27.9.2 Long Shoals Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 3rd 5 -year period Travis Sinclair Article shall be scheduled to occur during the third five -year period. The Licensee shall offer to the City of Hickory, NC, and the City travis.sinclair @duke - energy.com App A9 RMP of Hickory, NC shall consider, an AAII lease for development and maintenance of additional day -use recreation facilities that may (B) 3.e include, but are not limited to, a picnic area, walking trails and restrooms. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. The Licensee shall be under no obligation to provide a picnic area, walking trails or restrooms. App A9 e. Long Shoals Access Area — Provide a canoe /kayak access facility with gravel parking. Oxford Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 4th 5 -year period Licensee 10.27.10.1 Travis Sinclair shall be scheduled to occur during the fourth five -year period. The Licensee shall market an AAII lease to commercial operators for travis.sinclair @duke - energy.com App A9 RMP development and management of a multi -use recreation area including, but not limited to, a RV campground with bathhouse and (B) 3.f dump station, marine pump -out, primitive campground, paved parking, picnic facilities, bank fishing, trails and restrooms. All boating access facilities and the existing public fishing pier shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. If the access area is leased, and if the Licensee develops a swimming area at this location, the AAII lease shall include maintaining the swimming area. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the primitive campground, paved parking, picnic facilities, bank fishing, trails and restrooms included in the proposed Recreation Management Plan License Article and the Licensee shall be under no obligation to provide a RV campground, bathhouse, dump station, or marine pump -out. App A9 f. Oxford Access Area — Provide a primitive campground, paved parking, picnic facilities, bank fishing, trails, and restrooms. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC 10.27.10.1 Oxford Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 4th 5 -year period Travis Sinclair shall be scheduled to occur during the fourth five -year period. The Licensee shall market an AN lease to commercial operators for travis.sinclair @duke - energy.com App A9 RMP development and management of a multi -use recreation area including, but not limited to, a RV campground with bathhouse and (B) 3.f dump station, marine pump -out, primitive campground, paved parking, picnic facilities, bank fishing, trails and restrooms. All boating access facilities and the existing public fishing pier shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. If the access area is leased, and if the Licensee develops a swimming area at this location, the AAII lease shall include maintaining the swimming area. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the primitive campground, paved parking, picnic facilities, bank fishing, trails and restrooms included in the proposed Recreation Management Plan License Article and the Licensee shall be under no obligation to provide a RV campground, bathhouse, dump station, or marine pump -out. App A9 f. Oxford Access Area — Provide a primitive campground, paved parking, picnic facilities, bank fishing, trails, and restrooms. Licensee 10.27.10.2 Second Lake Hickory Swimming Area — The Parties agree that construction of one of the swimming areas included in the proposed 4th 5 -year period Travis Sinclair Recreation Management Plan License Article shall be scheduled to occur during the fourth five -year period at a location determined travis.sinclair @duke - energy.com by the Licensee to be feasible. App A9 RMP App A9 (B)3.a a. Lake Hickory Swimming Areas — Develop two swimming areas. Licensee 10.27.11.1 Oxford Tailrace Fishing Area — All measures identified for this area in the proposed Recreation Management Plan License Article 3rd 5 -year period Travis Sinclair shall be scheduled to occur during the third five -year period. The public fishing area constructed in accordance with the proposed travis.sinclair @duke - energy.com App A9 RMP Recreation Management Plan License Article shall be maintained under the NCWRC maintenance agreement as described in (B) 3.g Paragraph 10.4. If this maintenance agreement is not revised, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for this area. App A9 g. Oxford Tailrace Fishing Area — Develop public fishing area facilities. Oxford Tailrace Fishing Area — All measures identified for this area in the proposed Recreation Management Plan License Article 13rd 5 -year period NCWRC 10.27.11.1 Travis Sinclair shall be scheduled to occur during the third five -year period. The public fishing area constructed in accordance with the proposed travis.sinclair @duke - energy.com App A9 RMP Recreation Management Plan License Article shall be maintained under the NCWRC maintenance agreement as described in (B) 3.g Paragraph 10.4. If this maintenance agreement is not revised, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for this area. App A9 g. Oxford Tailrace Fishing Area — Develop public fishing area facilities. Oxford Dam Canoe Portage — All measures identified for this access area in the proposed Recreation Management Plan License 3rd 5 -year period Licensee 10.27.11.2 Travis Sinclair Article shall be scheduled to occur during the third five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)3.h App A9 h. Oxford Dam Canoe Portage — Improve the existing gravel parking, extend the existing canoe portage trail to Riverbend Park. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.12.1 Upper Lookout Shoals Access Area — All measures identified for this access area in the proposed Recreation Management Plan 1 st 5 -year period Travis Sinclair License Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)4.a App A9 a. Upper Lookout Shoals Access Area — Acquire approximately 1 to 5 acres of property in Catawba County downstream of the "bend" of the lake (River Mile 227) and develop an access area with a ramp for trailered boats, parking, restrooms, and primitive camping. Catawba County 10.27.12.2 Riverbend Park /Upper Lookout Shoals Trail — Provided that Catawba County, NC is a Party to this Agreement, the Licensee shall 5 years post - license Travis Sinclair provide funding up to $220,000 to Catawba County, NC to assist the County in its acquisition and development of a 50 -foot wide travis.sinclair @duke - energy.com easement for approximately 1.5 miles of walking /hiking trail between Riverbend Park and the new Upper Lookout Shoals Access Area. Catawba County, NC shall develop and maintain the walking trail. The walking trail shall not be included in the FERC Project Boundaries. If Catawba County, NC is not a Party to this Agreement, these funds shall be provided to NCDENR to acquire the easement for and develop this trail, provided NCDENR is a Party to this Agreement. NCDENR would also maintain the walking trail. If neither Catawba County, NC nor NCDENR is a Party to this Agreement, the Licensee shall be under no obligation to provide the trail funding in this Paragraph 10.27.12.2. Riverbend Park/Upper Lookout Shoals Trail — Provided that Catawba County, NC is a Party to this Agreement, the Licensee shall Licensee 10.27.12.2 5 years post - license Travis Sinclair provide funding up to $220,000 to Catawba County, NC to assist the County in its acquisition and development of a 50 -foot wide travis.sinclair @duke - energy.com easement for approximately 1.5 miles of walking /hiking trail between Riverbend Park and the new Upper Lookout Shoals Access Area. Catawba County, NC shall develop and maintain the walking trail. The walking trail shall not be included in the FERC Project Boundaries. If Catawba County, NC is not a Party to this Agreement, these funds shall be provided to NCDENR to acquire the easement for and develop this trail, provided NCDENR is a Party to this Agreement. NCDENR would also maintain the walking trail. If neither Catawba County, NC nor NCDENR is a Party to this Agreement, the Licensee shall be under no obligation to provide the trail funding in this Paragraph 10.27.12.2. NCDENR 10.27.12.2 Riverbend Park /Upper Lookout Shoals Trail — Provided that Catawba County, NC is a Party to this Agreement, the Licensee shall 5 years post - license Travis Sinclair provide funding up to $220,000 to Catawba County, NC to assist the County in its acquisition and development of a 50 -foot wide travis.sinclair @duke - energy.com easement for approximately 1.5 miles of walking /hiking trail between Riverbend Park and the new Upper Lookout Shoals Access Area. Catawba County, NC shall develop and maintain the walking trail. The walking trail shall not be included in the FERC Project Boundaries. If Catawba County, NC is not a Party to this Agreement, these funds shall be provided to NCDENR to acquire the easement for and develop this trail, provided NCDENR is a Party to this Agreement. NCDENR would also maintain the walking trail. If neither Catawba County, NC nor NCDENR is a Party to this Agreement, the Licensee shall be under no obligation to provide the trail funding in this Paragraph 10.27.12.2. Licensee 10.27.12.3 Lookout Shoals Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)4.b App A9 b. Lookout Shoals Access Area — Provide restrooms. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.13.1 Lookout Shoals Tailrace Fishing Area — All measures identified for this access area in the proposed Recreation Management Plan 3rd 5 -year period Travis Sinclair License Article shall be scheduled to occur during the third five -year period. The public fishing area facilities shall be maintained travis.sinclair @duke - energy.com App A9 RMP under the NCWRC maintenance agreement as described in Paragraph 10.4. If this maintenance agreement is not revised, the (B) 4.c Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for this area. 10.27.13.1 c. Lookout Shoals Tailrace Fishing Area — Develop public fishing area facilities. Lookout Shoals Tailrace Fishing Area — All measures identified for this access area in the proposed Recreation Management Plan NCWRC 3rd 5 -year period Travis Sinclair License Article shall be scheduled to occur during the third five -year period. The public fishing area facilities shall be maintained travis.sinclair @duke - energy.com App A9 RMP under the NCWRC maintenance agreement as described in Paragraph 10.4. If this maintenance agreement is not revised, the (B) 4.c Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for this area. c. Lookout Shoals Tailrace Fishing Area — Develop public fishing area facilities. 1 st 5 -year period Licensee 10.27.14.1 Lookout Shoals Dam Canoe Portage — All measures identified for this access area in the proposed Recreation Management Plan Travis Sinclair License Article shall be scheduled to occur during the fourth five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)4.d App A9 d. Lookout Shoals Dam Canoe Portage — Provide a portage trail with canoe /kayak access (take -out, put -in) and signage around Lookout Shoals Dam. Licensee 10.27.15.1 Hunsucker Park — Within five years following FERC issuance of the New License and the closure of all rehearing and administrative 1 st 5 -year period Travis Sinclair challenge periods related to recreation, and provided that the Town of Catawba, NC or another public entity acquires the necessary travis.sinclair @duke - energy.com public easement across private property and enters into an AAII lease of the Licensee's property on the south side of Lyle Creek near Hunsucker Park, the Licensee shall develop picnic facilities, approximately 0.5 miles of trail, a trailered -boat access facility, and paved or gravel parking on the Licensee's property. The lessee shall maintain all facilities. In addition, provided that the lessee's operations and management plan for the park is acceptable, the Licensee shall incorporate its property on the north side of Lyle Creek in the lease. If neither the Town of Catawba, NC nor another public entity accepts the AAII lease, the Licensee shall be under no obligation to implement the activities set forth in this Paragraph 10.27.15.1. Lake Norman State Park Management Zone — All measures identified for this area in the proposed Recreation Management Plan 1 st 5 -year period Licensee 10.27.15.2 Travis Sinclair License Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B) 5.a App A9 a. Lake Norman State Park Management Zone — Offer the NCDENR a nominal -cost lease for the term of this license for the Lake Norman State Park management zone (300 horizontal feet lakeward from full pond elevation) along the shoreline adjoining the State Park. The lease will include an island within the zone. Lake Norman State Park Management Zone — All measures identified for this area in the proposed Recreation Management Plan 1 st 5 -year period NCDENR 10.27.15.2 Travis Sinclair License Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B) 5.a App A9 a. Lake Norman State Park Management Zone — Offer the NCDENR a nominal -cost lease for the term of this license for the Lake Norman State Park management zone (300 horizontal feet lakeward from full pond elevation) along the shoreline adjoining the State Park. The lease will include an island within the zone. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Catawba County 10.27.15.3 Mountain Creek Park — Between the effective date of this Agreement and August 1, 2009, provided that Catawba County, NC is a Complete Mark Oakley Party to this Agreement, Duke Energy shall support acquisition of up to 600 acres of property by Catawba County, NC for public mark.oakley @duke - energy.com recreation and /or compatible permanent conservation at the mouth of Mountain Creek. Duke Energy's financial support for this acquisition shall consist of a reduction in the purchase price of $1,900 per acre purchased up to $1,140,000 if the total tract is purchased. Facility development may include a canoe /kayak launch, trails, bank fishing, campgrounds, swimming, restrooms, and other water -based recreation facilities to be developed and maintained by Catawba County, NC. This park tract shall not be included! in the FERC Project Boundaries. Licensee 10.27.15.3 Mountain Creek Park — Between the effective date of this Agreement and August 1, 2009, provided that Catawba County, NC is a I Complete Mark Oakley Party to this Agreement, Duke Energy shall support acquisition of up to 600 acres of property by Catawba County, NC for public mark.oakley @duke - energy.com recreation and /or compatible permanent conservation at the mouth of Mountain Creek. Duke Energy's financial support for this acquisition shall consist of a reduction in the purchase price of $1,900 per acre purchased up to $1,140,000 if the total tract is purchased. Facility development may include a canoe /kayak launch, trails, bank fishing, campgrounds, swimming, restrooms, and other water -based recreation facilities to be developed and maintained by Catawba County, NC. This park tract shall not be included in the FERC Project Boundaries. 10.27.15.4 Travis Sinclair Licensee Beatty's Ford Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Article shall be scheduled to occur during the first five -year period, provided that Lincoln County, NC continues its existing AN lease travis.sinclair @duke - energy.com App A9 RMP of the access area. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the (B) 5.b implementation schedule in its RMP for the facilities included in the proposed Recreation Management Plan License Article for this access area. App A9 b. Beatty's Ford Access Area — Provide picnic facilities, a fishing pier, swimming area, restrooms, and shade trees. Lincoln County, NC 10.27.15.4 Beatty's Ford Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period, provided that Lincoln County, NC continues its existing AN lease travis.sinclair @duke - energy.com App A9 RMP of the access area. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the (B) 5.b implementation schedule in its RMP for the facilities included in the proposed Recreation Management Plan License Article for this access area. App A9 b. Beatty's Ford Access Area — Provide picnic facilities, a fishing pier, swimming area, restrooms, and shade trees. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.15.5 1st 5 -year period Travis Sinclair Hagers Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License travis.sinclair @duke - energy.com App A9 RMP Article shall be scheduled to occur during the first five -year period. If the Licensee develops a fishing pier at the site, it shall be (B) 5.0 maintained under the NCWRC maintenance agreement described in Paragraph 10.4. The Licensee shall market the site to commercial operators for an AAII lease for development and management of a multi -use recreation area including, but not limited to, trails, bank fishing, picnic facilities, RV campground with bathhouse and dump station, marine pump -out, restrooms, and additional paved parking. The lessee shall be responsible for any additional site development and management, including facility maintenance. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the trails, bank fishing area, picnic facilities and restrooms included in the proposed Recreation Management Plan License Article. The Licensee shall be under no obligation to provide a RV campground, bathhouse, dump station, or marine pump -out. App A9 c. Hagers Creek Access Area — Provide additional paved parking spaces, trails, bank fishing, picnic facilities, restrooms, and, if suitable resource conditions are located, a fishing pier. NCWRC 10.27.15.5 1st 5 -year period Travis Sinclair Hagers Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License travis.sinclair @duke - energy.com App A9 RMP Article shall be scheduled to occur during the first five -year period. If the Licensee develops a fishing pier at the site, it shall be (B) 5.0 maintained under the NCWRC maintenance agreement described in Paragraph 10.4. The Licensee shall market the site to commercial operators for an AAII lease for development and management of a multi -use recreation area including, but not limited to, trails, bank fishing, picnic facilities, RV campground with bathhouse and dump station, marine pump -out, restrooms, and additional paved parking. The lessee shall be responsible for any additional site development and management, including facility maintenance. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the trails, bank fishing area, picnic facilities and restrooms included in the proposed Recreation Management Plan License Article. The Licensee shall be under no obligation to provide a RV campground, bathhouse, dump station, or marine pump -out. App A9 c. Hagers Creek Access Area — Provide additional paved parking spaces, trails, bank fishing, picnic facilities, restrooms, and, if suitable resource conditions are located, a fishing pier. Licensee 10.27.15.6 Lake Norman Trail Planning Assistance — Within five years following the FERC's issuance of the New License and the closure of all 5 years post - license Travis Sinclair rehearing and administrative challenge periods, the Licensee shall provide technical assistance to facilitate any needed bicycle route travis.sinclair @duke - energy.com crossings of the FERC Project Boundaries and use of Licensee -owned access areas along the North Carolina Department of Transportation's proposed Lake Norman Bike Route. Davidson, NC 10.27.15.7 Lake Davidson Park — Provided that the Town of Davidson, NC is a Party to this Agreement, the Licensee shall provide funding up to 1 st 5 -year period Travis Sinclair $130,000 to the Town to acquire additional adjoining property and /or develop a canoe /kayak launch and a fishing pier at Lake travis.sinclair @duke - energy.com Davidson Park within five years following FERC issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. The Town shall provide any additional recreation facilities and shall maintain all facilities. This site shall not be included in the FERC Project Boundaries. If the Town of Davidson, NC is not a Party to this Agreement or decides not to acquire any additional adjoining property and /or develop the launch and fishing pier, the Licensee shall be under no obligation to provide this funding. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.15.7 Lake Davidson Park — Provided that the Town of Davidson, NC is a Party to this Agreement, the Licensee shall provide funding up to 1 st 5 -year period Travis Sinclair $130,000 to the Town to acquire additional adjoining property and /or develop a canoe /kayak launch and a fishing pier at Lake travis.sinclair @duke - energy.com Davidson Park within five years following FERC issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. The Town shall provide any additional recreation facilities and shall maintain all facilities. This site shall not be included in the FERC Project Boundaries. If the Town of Davidson, NC is not a Party to this Agreement or decides not to acquire any additional adjoining property and /or develop the launch and fishing pier, the Licensee shall be under no obligation to provide this funding. Iredell County, NC 10.27.16.1 Stumpy Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 2nd 5 -year period Travis Sinclair Article shall be scheduled to occur during the second five -year period. The Licensee shall offer to Iredell County, NC, and the travis.sinclair @duke - energy.com App A9 (B) County shall consider, a revision to its existing AAII lease to allow the County to develop and maintain a walking trail and restrooms 5.d and maintain its existing athletic field complex and boating access facilities for the term of the New License. The Licensee and Iredell County, NC shall jointly develop the site plan for locating these new facilities identified in the proposed Recreation Management Plan License Article for this access area. If Iredell County, NC does not develop trails and restrooms, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. App A9 d. Stumpy Creek Access Area — Provide a fishing pier, picnic facilities, walking trail, restrooms, and additional paved parking. Licensee 10.27.16.1 Stumpy Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 2nd 5 -year period Travis Sinclair Article shall be scheduled to occur during the second five -year period. The Licensee shall offer to Iredell County, NC, and the travis.sinclair @duke - energy.com App A9 (B) County shall consider, a revision to its existing AAII lease to allow the County to develop and maintain a walking trail and restrooms 5.d and maintain its existing athletic field complex and boating access facilities for the term of the New License. The Licensee and Iredell County, NC shall jointly develop the site plan for locating these new facilities identified in the proposed Recreation Management Plan License Article for this access area. If Iredell County, NC does not develop trails and restrooms, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. App A9 d. Stumpy Creek Access Area — Provide a fishing pier, picnic facilities, walking trail, restrooms, and additional paved parking. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.16.2 Little Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period Travis Sinclair shall be scheduled to occur during the second five -year period. The Licensee shall offer to Lincoln County, NC, and Lincoln County, travis.sinclair @duke - energy.com App A9 RMP NC shall consider, an AAII lease allowing the County to provide additional day -use facilities such as picnic facilities. The lessee (B) 5.e shall maintain all new facilities. The Licensee shall be under no obligation to provide additional day -use facilities beyond those identified in the proposed Recreation Management Plan License Article. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. The Licensee shall be under no obligation to provide additional day -use facilities such as picnic facilities. App A9 e. Little Creek Access Area — Provide restrooms, a fishing pier, paved parking spaces, and a picnic shelter. Lincoln County, NC 10.27.16.2 Little Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period Travis Sinclair shall be scheduled to occur during the second five -year period. The Licensee shall offer to Lincoln County, NC, and Lincoln County, travis.sinclair @duke - energy.com App A9 RMP NC shall consider, an AAII lease allowing the County to provide additional day -use facilities such as picnic facilities. The lessee (B) 5.e shall maintain all new facilities. The Licensee shall be under no obligation to provide additional day -use facilities beyond those identified in the proposed Recreation Management Plan License Article. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. The Licensee shall be under no obligation to provide additional day -use facilities such as picnic facilities. App A9 e. Little Creek Access Area — Provide restrooms, a fishing pier, paved parking spaces, and a picnic shelter. Catawba County 10.27.17.1 Island Point Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 3rd 5 -year period Travis Sinclair Article shall be scheduled to occur during the third five -year period. The Licensee shall market to commercial operators an AAII travis.sinclair @duke - energy.com App A9 RMP lease for development and management of a multi -use recreation area including, but not limited to, trails, bank and /or pier fishing, (B) 5.f picnic facilities, swimming, RV camping with bathhouse and dump station, boating access facilities, restrooms and marine pump -out. The Licensee and Catawba County, NC shall form a small workgroup of parties that represent the public interest at this area to participate in developing the site plan. Conceptual plan development will be coordinated with Catawba County, NC. The lessee shall be responsible for all site development and management and facility maintenance, except that the boating access facilities and fishing pier, if one is developed, shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. Island Point Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 3rd 5 -year period Licensee 10.27.17.1 Travis Sinclair Article shall be scheduled to occur during the third five -year period. The Licensee shall market to commercial operators an AAII travis.sinclair @duke - energy.com App A9 RMP lease for development and management of a multi -use recreation area including, but not limited to, trails, bank and /or pier fishing, (B) 5.f picnic facilities, swimming, RV camping with bathhouse and dump station, boating access facilities, restrooms and marine pump -out. The Licensee and Catawba County, NC shall form a small workgroup of parties that represent the public interest at this area to participate in developing the site plan. Conceptual plan development will be coordinated with Catawba County, NC. The lessee shall be responsible for all site development and management and facility maintenance, except that the boating access facilities and fishing pier, if one is developed, shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.18.1 Cowans Ford Dam Portage and Overlook — All measures identified for this access area in the proposed Recreation Management 4th 5 -year period Travis Sinclair Plan License Article shall be scheduled to occur during the fourth five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)5.g App A9 g. Cowans Ford Dam Portage and Overlook — Develop a portage trail to the Highway 73 Access Area, a reservoir overlook with park benches, and approximately 10 gravel parking spaces. Highway 73 Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Travis Sinclair Licensee 10.27.19.1 1 st 5 -year period Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)6.a App A9 a. Highway 73 Access Area — Provide approximately two acres of land and approximately 10 gravel parking spaces to support canoe /kayak launching. Licensee 10.27.19.2 Lucia Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article shall 1 st 5 -year period Travis Sinclair be scheduled to occur during the first five -year period. The Licensee shall offer to the NCDENR Division of Forest Resources' travis.sinclair @duke - energy.com App A9 RMP Mountain Island Educational State Forest, and NCDENR Division of Forest Resources shall consider, an AAII lease for the (B) 6.b management of the access area and the maintenance of all facilities. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. App A9 b. Lucia Access Area — Provide a canoe /kayak access and approximately 10 gravel parking spaces. NCDENR 10.27.19.2 Lucia Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article shall 1 st 5 -year period Travis Sinclair be scheduled to occur during the first five -year period. The Licensee shall offer to the NCDENR Division of Forest Resources' travis.sinclair @duke - energy.com App A9 RMP Mountain Island Educational State Forest, and NCDENR Division of Forest Resources shall consider, an AAII lease for the (B) 6.b management of the access area and the maintenance of all facilities. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this access area. App A9 b. Lucia Access Area — Provide a canoe /kayak access and approximately 10 gravel parking spaces. Belmont, NC Mountain Island Lake Trails Planning Assistance — Within five years following the FERC's issuance of the New License and the 1 st 5 -year period 10.27.19.3 Travis Sinclair closure of all rehearing and administrative challenge periods related to recreation, the Licensee shall provide trails planning and travis.sinclair @duke - energy.com technical assistance to state and local governments to connect existing multi -use trail systems that are located on the east side of the reservoir (at locations such as Latta Plantation, Rural Hill Park, Cowans Ford Wildlife Refuge) and to the cities of Belmont, Gastonia and Mount Holly, NC and the State Educational Forest located on the west side of the reservoir. Gaston County, NC 10.27.19.3 Mountain Island Lake Trails Planning Assistance — Within five years following the FERC's issuance of the New License and the 1 st 5 -year period Travis Sinclair closure of all rehearing and administrative challenge periods related to recreation, the Licensee shall provide trails planning and travis.sinclair @duke - energy.com technical assistance to state and local governments to connect existing multi -use trail systems that are located on the east side of the reservoir (at locations such as Latta Plantation, Rural Hill Park, Cowans Ford Wildlife Refuge) and to the cities of Belmont, Gastonia and Mount Holly, NC and the State Educational Forest located on the west side of the reservoir. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Gastonia, NC 10.27.19.3 Mountain Island Lake Trails Planning Assistance — Within five years following the FERC's issuance of the New License and the 1 st 5 -year period Travis Sinclair closure of all rehearing and administrative challenge periods related to recreation, the Licensee shall provide trails planning and travis.sinclair @duke - energy.com technical assistance to state and local governments to connect existing multi -use trail systems that are located on the east side of the reservoir (at locations such as Latta Plantation, Rural Hill Park, Cowans Ford Wildlife Refuge) and to the cities of Belmont, Gastonia and Mount Holly, NC and the State Educational Forest located on the west side of the reservoir. Mountain Island Lake Trails Planning Assistance — Within five years following the FERC's issuance of the New License and the Licensee 10.27.19.3 1 st 5 -year period Travis Sinclair closure of all rehearing and administrative challenge periods related to recreation, the Licensee shall provide trails planning and travis.sinclair @duke - energy.com technical assistance to state and local governments to connect existing multi -use trail systems that are located on the east side of the reservoir (at locations such as Latta Plantation, Rural Hill Park, Cowans Ford Wildlife Refuge) and to the cities of Belmont, Gastonia and Mount Holly, NC and the State Educational Forest located on the west side of the reservoir. Lincoln County, NC 10.27.19.3 Mountain Island Lake Trails Planning Assistance — Within five years following the FERC's issuance of the New License and the 1 st 5 -year period Travis Sinclair closure of all rehearing and administrative challenge periods related to recreation, the Licensee shall provide trails planning and travis.sinclair @duke - energy.com technical assistance to state and local governments to connect existing multi -use trail systems that are located on the east side of the reservoir (at locations such as Latta Plantation, Rural Hill Park, Cowans Ford Wildlife Refuge) and to the cities of Belmont, Gastonia and Mount Holly, NC and the State Educational Forest located on the west side of the reservoir. Mecklenburg 10.27.19.3 Mountain Island Lake Trails Planning Assistance — Within five years following the FERC's issuance of the New License and the 1 st 5 -year period Travis Sinclair County, NC closure of all rehearing and administrative challenge periods related to recreation, the Licensee shall provide trails planning and travis.sinclair @duke - energy.com technical assistance to state and local governments to connect existing multi -use trail systems that are located on the east side of the reservoir (at locations such as Latta Plantation, Rural Hill Park, Cowans Ford Wildlife Refuge) and to the cities of Belmont, Gastonia and Mount Holly, NC and the State Educational Forest located on the west side of the reservoir. J Mt. Holly, NC 10.27.19.3 Mountain Island Lake Trails Planning Assistance — Within five years following the FERC's issuance of the New License and the 1 st 5 -year period Travis Sinclair closure of all rehearing and administrative challenge periods related to recreation, the Licensee shall provide trails planning and travis.sinclair @duke - energy.com technical assistance to state and local governments to connect existing multi -use trail systems that are located on the east side of the reservoir (at locations such as Latta Plantation, Rural Hill Park, Cowans Ford Wildlife Refuge) and to the cities of Belmont, Gastonia and Mount Holly, NC and the State Educational Forest located on the west side of the reservoir. 10.27.19.3 Travis Sinclair NCDENR Mountain Island Lake Trails Planning Assistance — Within five years following the FERC's issuance of the New License and the 1st 5 -year period closure of all rehearing and administrative challenge periods related to recreation, the Licensee shall provide trails planning and travis.sinclair @duke - energy.com technical assistance to state and local governments to connect existing multi -use trail systems that are located on the east side of the reservoir (at locations such as Latta Plantation, Rural Hill Park, Cowans Ford Wildlife Refuge) and to the cities of Belmont, Gastonia and Mount Holly, NC and the State Educational Forest located on the west side of the reservoir. Licensee 10.27.20.1 Riverbend Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period Travis Sinclair shall be scheduled to occur during the second five -year period. The Licensee shall offer to the City of Mount Holly, NC and the City travis.sinclair @duke - energy.com App A9 RMP of Mount Holly, NC shall consider, an AAII lease for development and maintenance of additional recreation facilities that may (B) 6.c include, but are not limited to, a campground, bank fishing, swimming area, fishing pier, bathhouse, and restrooms. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures except the restrooms included in the proposed Recreation Management Plan License Article for this access area. The Licensee shall be under no obligation to provide a bathhouse or campground. App A9 c. Riverbend Access Area — Provide restrooms, bank fishing, a swimming area, and a fishing pier. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Mt. Holly, NC 10.27.20.1 Riverbend Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period Travis Sinclair shall be scheduled to occur during the second five -year period. The Licensee shall offer to the City of Mount Holly, NC and the City travis.sinclair @duke - energy.com App A9 RMP of Mount Holly, NC shall consider, an AAII lease for development and maintenance of additional recreation facilities that may (B) 6.c include, but are not limited to, a campground, bank fishing, swimming area, fishing pier, bathhouse, and restrooms. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures except the restrooms included in the proposed Recreation Management Plan License Article for this access area. The Licensee shall be under no obligation to provide a bathhouse or campground. App A9 c. Riverbend Access Area — Provide restrooms, bank fishing, a swimming area, and a fishing pier. Licensee 10.27.21.1 Dutchmans Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan 1 st 5 -year period Travis Sinclair License Article shall be scheduled to occur during the first five -year period. The Licensee shall offer to the City of Mount Holly, NC, travis.sinclair @duke - energy.com App A9 RMP and the City of Mount Holly, NC shall consider, an AAII lease to manage the access area and maintain all new facilities. (B) 7.a If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for all measures included in the proposed Recreation Management Plan License Article for this access area. App A9 a. Dutchmans Creek Access Area — Provide a canoe /kayak access facility and approximately 10 gravel parking spaces. Mt. Holly, NC 10.27.21.1 Dutchmans Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan 1 st 5 -year period Travis Sinclair License Article shall be scheduled to occur during the first five -year period. The Licensee shall offer to the City of Mount Holly, NC, travis.sinclair @duke - energy.com App A9 RMP and the City of Mount Holly, NC shall consider, an AAII lease to manage the access area and maintain all new facilities. (B) 7.a If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for all measures included in the proposed Recreation Management Plan License Article for this access area. App A9 a. Dutchmans Creek Access Area — Provide a canoe /kayak access facility and approximately 10 gravel parking spaces. Licensee 10.27.21.2 Saddler Island — All measures identified for this island in the proposed Recreation Management Plan License Article shall be 1 st 5 -year period Travis Sinclair scheduled to occur during the first five -year period. The Parties agree that the AAII lease offered by the Licensee to the U.S. travis.sinclair @duke - energy.com App A9 RMP National Whitewater Center shall include provisions that the Center shall agree to (i) use the approximately 37 -acre island for (B) 7.b individual and group environmental education and outdoor recreation; and (ii) develop the site in coordination with the North Carolina Wildlife Federation. If the Island is not leased, the Licensee shall be under no obligation to provide any recreational or environmental education program at the Island. App A9 b. Saddler Island — Offer to lease the island to the U.S. National Whitewater Center for individual and group environmental education and outdoor recreation. CRA Party CRA Section CRA Commitment Commitment Date Duke SME NCWF 10.27.21.2 Saddler Island — All measures identified for this island in the proposed Recreation Management Plan License Article shall be 1 st 5 -year period Travis Sinclair scheduled to occur during the first five -year period. The Parties agree that the AAII lease offered by the Licensee to the U.S. travis.sinclair @duke - energy.com App A9 RMP National Whitewater Center shall include provisions that the Center shall agree to (i) use the approximately 37 -acre island for (B) 7.b individual and group environmental education and outdoor recreation; and (ii) develop the site in coordination with the North Carolina Wildlife Federation. If the Island is not leased, the Licensee shall be under no obligation to provide any recreational or environmental education program at the Island. App A9 b. Saddler Island — Offer to lease the island to the U.S. National Whitewater Center for individual and group environmental education and outdoor recreation. Licensee 10.27.21.3 Upper WVlie Access Area — Provided that Mecklenburg County, NC is a Party to this Agreement and that Mecklenburg County, NC 1 st 5 -year period Travis Sinclair owns and provides suitable land at the Highway 74 Bridge, the Licensee shall provide to the County up to $435,000 for the County to travis.sinclair @duke - energy.com construct a double -lane concrete boat ramp with metal courtesy dock and paved and lighted parking for up to 100 vehicles and trailers within five years following FERC issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. The County shall maintain the boating access facility. If Mecklenburg County, NC is not a Party to this Agreement, chooses not to receive the funding, or does not build the subject access area in the first five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, then the Licensee shall make its funding (up to $435,000) available to other state or local government entities within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation for the construction of these public boating access facilities at another location in the portion of Lake Wylie that is north of Allen Steam Station (preferably near the Highway 74 Bridge). The state or local government entity must provide suitable land that it owns in fee simple, and must agree to maintain the facilities for the term of the New License. Regardless of the location, this Upper Wylie Access Area shall not be included in the FERC Project Boundaries. If no state or local government entity provides suitable land, the Licensee shall be under no obligation to provide the funding in this Paragraph 10.27.21.3. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Mecklenburg 10.27.21.3 Upper Wylie Access Area — Provided that Mecklenburg County, NC is a Party to this Agreement and that Mecklenburg County, NC 1 st 5 -year period Travis Sinclair County, NC owns and provides suitable land at the Highway 74 Bridge, the Licensee shall provide to the County up to $435,000 for the County to travis.sinclair @duke - energy.com construct a double -lane concrete boat ramp with metal courtesy dock and paved and lighted parking for up to 100 vehicles and trailers within five years following FERC issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. The County shall maintain the boating access facility. If Mecklenburg County, NC is not a Party to this Agreement, chooses not to receive the funding, or does not build the subject access area in the first five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, then the Licensee shall make its funding (up to $435,000) available to other state or local government entities within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation for the construction of these public boating access facilities at another location in the portion of Lake Wylie that is north of Allen Steam Station (preferably near the Highway 74 Bridge). The state or local government entity must provide suitable land that it owns in fee simple, and must agree to maintain the facilities for the term of the New License. Regardless of the location, this Upper Wylie Access Area shall not be included in the FERC Project Boundaries. If no state or local government entity provides suitable land, the Licensee shall be under no obligation to provide the funding in this Paragraph 10.27.21.3. Licensee 10.27.21.4 South Point Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. The Licensee shall market to commercial operators an AAII travis.sinclair @duke - energy.com App A9 RMP lease for development of a multi -use recreation area including, but not limited to, RV camping with bathhouse and dump station, (B) 7.c marine pump -out, trails, fishing pier and bank fishing, picnic facilities, swimming area, restrooms, and additional paved parking. The lessee shall be responsible for all site development and management and maintenance of the new facilities except that any boating access facilities or fishing piers developed at the site shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. App A9 c. South Point Access Area — Provide trails, fishing pier, bank fishing area, picnic facilities, swimming area, restrooms, and additional paved parking. NCWRC 10.27.21.4 South Point Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. The Licensee shall market to commercial operators an AAII travis.sinclair @duke - energy.com App A9 RMP lease for development of a multi -use recreation area including, but not limited to, RV camping with bathhouse and dump station, (B) 7.c marine pump -out, trails, fishing pier and bank fishing, picnic facilities, swimming area, restrooms, and additional paved parking. The lessee shall be responsible for all site development and management and maintenance of the new facilities except that any boating access facilities or fishing piers developed at the site shall be maintained under the NCWRC maintenance agreement described in Paragraph 10.4. App A9 c. South Point Access Area — Provide trails, fishing pier, bank fishing area, picnic facilities, swimming area, restrooms, and additional paved parking. Licensee 10.27.22.1 Buster Boyd Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)7.d App A9 d. Buster Boyd Access Area — Provide restrooms. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.22.2 York County EMS — Within five years following FERC issuance of the New License and the closure of all rehearing and Complete Travis Sinclair administrative challenge periods related to recreation, the Licensee shall offer to lease approximately one acre of its property in York travis.sinclair @duke - energy.com County, SC to a state or local governmental entity for the term of the New License for dedicated access to Lake Wylie for marine law enforcement and emergency response and include in the lease a provision that the leasing entity will develop and maintain all approved facilities. This property shall not be included in the FERC Project Boundaries. If the property is not leased, the Licensee shall be under no obligation to provide the one acre of land. York County, SC 10.27.22.2 York County EMS — Within five years following FERC issuance of the New License and the closure of all rehearing and Complete Travis Sinclair administrative challenge periods related to recreation, the Licensee shall offer to lease approximately one acre of its property in York travis.sinclair @duke - energy.com County, SC to a state or local governmental entity for the term of the New License for dedicated access to Lake Wylie for marine law enforcement and emergency response and include in the lease a provision that the leasing entity will develop and maintain all approved facilities. This property shall not be included in the FERC Project Boundaries. If the property is not leased, the Licensee shall be under no obligation to provide the one acre of land. 10.27.22.3 Allison Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Licensee Article shall be scheduled to occur during the first five -year period. The Licensee shall offer to York County, SC, and York County, travis.sinclair @duke - energy.com App A9 RMP SC shall consider, an AAII lease for management of the access area and maintenance of all facilities, including the existing boating (B) 7.e access facilities, and, provided that York County, SC leases the access area, the Licensee shall also develop a RV campground with bathhouse, dump station, and marine pump -out. The lessee may develop additional recreation facilities if it agrees to maintain them and receives prior written approval from the Licensee. If this access area is not leased, the Licensee shall be under no obligation to provide a RV campground, bathhouse, dump station, or marine pump -out. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the restrooms, picnic facilities, paved parking, and trail included in the proposed Recreation Management Plan License Article for this access area. App A9 e. Allison Creek Access Area — Expand the access area by approximately 48 acres (total of approximately 161 acres) and provide restrooms, picnic facilities, paved parking, and approximately one mile of trail. York County, SC 10.27.22.3 Allison Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. The Licensee shall offer to York County, SC, and York County, travis.sinclair @duke - energy.com App A9 RMP SC shall consider, an AAII lease for management of the access area and maintenance of all facilities, including the existing boating (B) 7.e access facilities, and, provided that York County, SC leases the access area, the Licensee shall also develop a RV campground with bathhouse, dump station, and marine pump -out. The lessee may develop additional recreation facilities if it agrees to maintain them and receives prior written approval from the Licensee. If this access area is not leased, the Licensee shall be under no obligation to provide a RV campground, bathhouse, dump station, or marine pump -out. If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the restrooms, picnic facilities, paved parking, and trail included in the proposed Recreation Management Plan License Article for this access area. App A9 e. Allison Creek Access Area — Expand the access area by approximately 48 acres (total of approximately 161 acres) and provide restrooms, picnic facilities, paved parking, and approximately one mile of trail. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.22.4 Rock Hill Park — All measures identified for this access area in the proposed Recreation Management Plan License Article shall be 1 st 5 -year period Travis Sinclair scheduled to occur during the first five -year period. The Licensee shall offer to the City of Rock Hill, SC, and the City of Rock Hill, travis.sinclair @duke - energy.com App A9 RMP SC shall consider, an AAII lease to develop picnic facilities, a swimming area, restrooms and parking and maintain all facilities in the (B) 7.f new access area containing approximately 17 acres of land across the cove from, and adjacent to, the City's water intake, and install a security fence between the access area and the Wylie Hydro Station property. If the property is not leased, the Licensee may, in accordance with Paragraph 10.24, revise the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this site. App A9 f. Rock Hill Park — Allocate approximately 17 acres of land and provide a bank fishing trail with fishing stations, picnic facilities, swimming area, restrooms, and parking. Rock Hill, SC 10.27.22.4 Rock Hill Park — All measures identified for this access area in the proposed Recreation Management Plan License Article shall be 1 st 5 -year period Travis Sinclair scheduled to occur during the first five -year period. The Licensee shall offer to the City of Rock Hill, SC, and the City of Rock Hill, travis.sinclair @duke - energy.com App A9 RMP SC shall consider, an AAII lease to develop picnic facilities, a swimming area, restrooms and parking and maintain all facilities in the (B) 7.f new access area containing approximately 17 acres of land across the cove from, and adjacent to, the City's water intake, and install a security fence between the access area and the Wylie Hydro Station property. If the property is not leased, the Licensee may, in accordance with Paragraph 10.24, revise the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article for this site. App A9 f. Rock Hill Park — Allocate approximately 17 acres of land and provide a bank fishing trail with fishing stations, picnic facilities, swimming area, restrooms, and parking. Licensee 10.27.23.1 Upper Wylie Regulated River Reach Trail — Provided that the conservation easement established under Paragraph 4.6 allows 1 st 5 -year period Travis Sinclair development and public use of a trail, the Licensee shall develop a trail up to four feet in width and approximately one mile in length travis.sinclair @duke - energy.com on property located downstream of the Fort Mill Access Area along the eastern bank of the riverwithin five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. Any portion of the trail that is not on the Fort Mill Access Area shall not be included in the FERC Project Boundaries. The Licensee shall offer to York County, SC or the holder of the conservation easement established in Paragraph 4.6, and those entities shall consider, an agreement to maintain the Upper Wylie Regulated River Reach Trail and to limit access from the trail to the river to a small number of nodes selected by the Grantor of the conservation easement along the trail. If York County, SC or the holder of the conservation easement established in Paragraph 4.6 elects not to maintain the trail, the Licensee shall be under no obligation to implement the activities in this Paragraph 10.27.23.1. SCDNR 10.27.23.1 Upper Wylie Regulated River Reach Trail — Provided that the conservation easement established under Paragraph 4.6 allows 1 st 5 -year period Travis Sinclair development and public use of a trail, the Licensee shall develop a trail up to four feet in width and approximately one mile in length travis.sinclair @duke - energy.com on property located downstream of the Fort Mill Access Area along the eastern bank of the riverwithin five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. Any portion of the trail that is not on the Fort Mill Access Area shall not be included in the FERC Project Boundaries. The Licensee shall offer to York County, SC or the holder of the conservation easement established in Paragraph 4.6, and those entities shall consider, an agreement to maintain the Upper Wylie Regulated River Reach Trail and to limit access from the trail to the river to a small number of nodes selected by the Grantor of the conservation easement along the trail. If York County, SC or the holder of the conservation easement established in Paragraph 4.6 elects not to maintain the trail, the Licensee shall be under no obligation to implement the activities in this Paragraph 10.27.23.1. CRA Party CRA CRA Commitment Commitment Date Duke SME Section York County, SC 10.27.23.1 Upper Wylie Regulated River Reach Trail — Provided that the conservation easement established under Paragraph 4.6 allows 1 st 5 -year period Travis Sinclair development and public use of a trail, the Licensee shall develop a trail up to four feet in width and approximately one mile in length travis.sinclair @duke - energy.com on property located downstream of the Fort Mill Access Area along the eastern bank of the riverwithin five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. Any portion of the trail that is not on the Fort Mill Access Area shall not be included in the FERC Project Boundaries. The Licensee shall offer to York County, SC or the holder of the conservation easement established in Paragraph 4.6, and those entities shall consider, an agreement to maintain the Upper Wylie Regulated River Reach Trail and to limit access from the trail to the river to a small number of nodes selected by the Grantor of the conservation easement along the trail. If York County, SC or the holder of the conservation easement established in Paragraph 4.6 elects not to maintain the trail, the Licensee shall be under no obligation to implement the activities in this Paragraph 10.27.23.1. Catawba Indian Reservation or Highwav 5 Canoe /Kayak Access— Provided that the Catawba Indian Nation and the Catawba Indian 1st 5 -year period Travis Sinclair CIN THPO 10.27.23.2 Nation Tribal Historic Preservation Office are both Parties to this Agreement, the Licensee shall either provide funding up to travis.sinclair @duke - energy.com $165,000 to the Catawba Indian Nation Tribal Historic Preservation Office to develop a canoe /kayak access facility and gravel parking area at the Catawba Indian Reservation, or the Licensee shall develop the facility, within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. The Catawba Indian Nation Tribal Historic Preservation Office shall maintain the access facility. The Catawba Indian Nation Tribal Historic Preservation Office shall provide all needed archaeological survey work to support the development of the facility. If for any reason this site is not developed as planned, then, in lieu of providing funding or developing the access facility at the Catawba Indian Reservation, the Licensee shall acquire the necessary property rights and develop and maintain a canoe /kayak access facility with associated gravel parking in the vicinity of the Highway 5 Bridge within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. Neither site shall be included in the FERC Project Boundaries. Licensee 10.27.23.2 Catawba Indian Reservation or Highway 5 Canoe /Kayak Access— Provided that the Catawba Indian Nation and the Catawba Indian 1st 5 -year period Travis Sinclair Nation Tribal Historic Preservation Office are both Parties to this Agreement, the Licensee shall either provide funding up to travis.sinclair @duke - energy.com $165,000 to the Catawba Indian Nation Tribal Historic Preservation Office to develop a canoe /kayak access facility and gravel parking area at the Catawba Indian Reservation, or the Licensee shall develop the facility, within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. The Catawba Indian Nation Tribal Historic Preservation Office shall maintain the access facility. The Catawba Indian Nation Tribal Historic Preservation Office shall provide all needed archaeological survey work to support the development of the facility. If for any reason this site is not developed as planned, then, in lieu of providing funding or developing the access facility at the Catawba Indian Reservation, the Licensee shall acquire the necessary property rights and develop and maintain a canoe /kayak access facility with associated gravel parking in the vicinity of the Highway 5 Bridge within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. Neither site shall be included in the FERC Project Boundaries. Licensee 10.27.23.3 Landsford Canal State Park Access Area — Provided that the South Carolina Department of Parks, Recreation and Tourism 1 st 5 -year period Travis Sinclair (SCDPRT) is a Party to this Agreement and that SCDPRT provides any needed road enhancements and long -term facility travis.sinclair @duke - energy.com maintenance, the Licensee shall provide funding not to exceed $265,000 to SCDPRT for the development of a canoe /kayak access facility, gravel parking area to accommodate up to 50 cars, and a vault toilet within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. This area shall not be included in the FERC Project Boundaries. If SCDPRT is not a Party to this Agreement, does not provide any needed road enhancements, or does not agree to maintain the facilities, the Licensee shall have no obligation to provide the funding included in this Paragraph 10.27.23.3. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDPRT 10.27.23.3 Landsford Canal State Park Access Area — Provided that the South Carolina Department of Parks, Recreation and Tourism 1 st 5 -year period Travis Sinclair (SCDPRT) is a Party to this Agreement and that SCDPRT provides any needed road enhancements and long -term facility travis.sinclair @duke - energy.com maintenance, the Licensee shall provide funding not to exceed $265,000 to SCDPRT for the development of a canoe /kayak access facility, gravel parking area to accommodate up to 50 cars, and a vault toilet within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. This area shall not be included in the FERC Project Boundaries. If SCDPRT is not a Party to this Agreement, does not provide any needed road enhancements, or does not agree to maintain the facilities, the Licensee shall have no obligation to provide the funding included in this Paragraph 10.27.23.3. Licensee 10.27.23.4 Landsford Canal State Park Management Zone — The Licensee shall offer to SCDPRT, and SCDPRT shall consider, a nominal -cost 1 st 5 -year period Travis Sinclair lease for the term of the New License for the Landsford Canal State Park management zone (up to 300 horizontal feet lakeward or in travis.sinclair @duke - energy.com the riverbed areas adjoining the state park) within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. Provided the SCDPRT leases Culp Island from the Licensee in accordance with Paragraph 10.27.23.5, this zone shall also include the riverbed around Culp Island. Landsford Canal State Park Management Zone —The Licensee shall offer to SCDPRT, and SCDPRT shall consider, a nominal -cost SCDPRT 10.27.23.4 1st 5 -year period Travis Sinclair lease for the term of the New License for the Landsford Canal State Park management zone (up to 300 horizontal feet lakeward or in travis.sinclair @duke - energy.com the riverbed areas adjoining the state park) within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. Provided the SCDPRT leases Culp Island from the Licensee in accordance with Paragraph 10.27.23.5, this zone shall also include the riverbed around Culp Island. Licensee 10.27.23.5 Culp Island — Within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative 1 st 5 -year period Travis Sinclair challenge periods related to recreation, the Licensee shall offer to SCDPRT, and SCDPRT shall consider, an AAII lease for the term travis.sinclair @duke - energy.com of the New License to manage Culp Island as part of Landsford Canal State Park. Prior to executing the lease for Culp Island, SCDPRT shall consult with the Catawba Indian Nation Tribal Historic Preservation Office and the Licensee on a management plan for archeological resources of Culp Island, and the lease shall include any appropriate management requirements. If for any reason SCDPRT does not enter into a lease to manage the island, the Licensee shall retain ownership of the island for the term of the New License. The island shall not be included in the FERC Project Boundaries. Culp Island — Within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative 1 st 5 -year period SCDPRT 10.27.23.5 Travis Sinclair challenge periods related to recreation, the Licensee shall offer to SCDPRT, and SCDPRT shall consider, an AAI I lease for the term travis.sinclair @duke - energy.com of the New License to manage Culp Island as part of Landsford Canal State Park. Prior to executing the lease for Culp Island, SCDPRT shall consult with the Catawba Indian Nation Tribal Historic Preservation Office and the Licensee on a management plan for archeological resources of Culp Island, and the lease shall include any appropriate management requirements. If for any reason SCDPRT does not enter into a lease to manage the island, the Licensee shall retain ownership of the island for the term of the New License. The island shall not be included in the FERC Project Boundaries. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.24.1 Fort Mill Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period Travis Sinclair shall be scheduled to occur during the second five -year period. The Licensee will market the access area for an AAII lease to travis.sinclair @duke - energy.com App A9 RMP develop additional recreation facilities and maintain all the facilities. (B)7•g If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the picnic facilities included in the proposed Recreation Management Plan License Article for this access area. App A9 g. Fort Mill Access Area — Provide restrooms and picnic facilities. Simpson Island — The Licensee shall retain ownership of Simpson Island for the term of the New License. Provided that York Licensee 10.27.24.2 2nd 5 -year period Travis Sinclair County, SC is a Party to this Agreement and York County, SC acquires and develops a park on land adjacent to the Island, the travis.sinclair @duke - energy.com Licensee shall, within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, provide funding up to $265,000 to York County, SC for the County to develop a canoe /kayak access facility and picnic shelter on the County's property. The County shall maintain all facilities within the park. The Licensee shall offer to York County, SC, and York County, SC shall consider, an AAII lease to manage Simpson Island and maintain any facilities on the Island. Neither Simpson Island nor the County park property shall be included in the FERC Project Boundaries. If York County, SC is not a Party to this Agreement or does not acquire the property described in this Paragraph, the Licensee shall have no obligation to provide the funding described in this Paragraph 10.27.24.2 or lease Simpson Island to the County. York County, SC 10.27.24.2 Simpson Island — The Licensee shall retain ownership of Simpson Island for the term of the New License. Provided that York 2nd 5 -year period Travis Sinclair County, SC is a Party to this Agreement and York County, SC acquires and develops a park on land adjacent to the Island, the travis.sinclair @duke - energy.com Licensee shall, within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, provide funding up to $265,000 to York County, SC for the County to develop a canoe /kayak access facility and picnic shelter on the County's property. The County shall maintain all facilities within the park. The Licensee shall offer to York County, SC, and York County, SC shall consider, an AAII lease to manage Simpson Island and maintain any facilities on the Island. Neither Simpson Island nor the County park property shall be included in the FERC Project Boundaries. If York County, SC is not a Party to this Agreement or does not acquire the property described in this Paragraph, the Licensee shall have no obligation to provide the funding described in this Paragraph 10.27.24.2 or lease Simpson Island to the County. Licensee 10.27.25.1 Springs Park — All measures identified for this access area in the proposed Recreation Management Plan License Article shall be 1 st 5 -year period Travis Sinclair scheduled to occur during the first five -year period. The Licensee shall offer to Lancaster County, SC an AAII lease for management travis.sinclair @duke - energy.com App A9 RMP of the new access area and maintenance of all facilities. The Parties agree that the Licensee may, at its sole discretion, retire the (B)8.a existing Cane Creek Access Area and sell its property there when the Springs Park site is open. App A9 a. Springs Park — Relocate the existing Cane Creek Access Area to an approximately 18 -acre portion of the old Springs Park property and provide two boat ramps for trailered motor boats, a courtesy dock, paved and lighted parking, fishing pier, and a bank fishing trail. Once the boating facilities and parking are developed and in service at Springs Park, the Licensee shall close the existing Cane Creek Access Area and file revised Exhibit G drawings for Commission approval to remove the existing Cane Creek Access Area from the FERC Project Boundaries. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.26.1 Fishing Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 2nd 5 -year period Travis Sinclair Article shall be scheduled to occur during the second five -year period. The Licensee shall offer to Chester County, SC an AAII lease travis.sinclair @duke - energy.com App A9 RMP to manage the access area, provide additional recreation facilities, and maintain all facilities. (B)8.b If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article. App A9 b. Fishing Creek Access Area — Provide a fishing pier, additional paved parking, picnic facilities, restrooms, and a swimming area, if a swimming area is feasible at this site. Chester County, SC 10.27.26.1 Fishing Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 2nd 5 -year period Travis Sinclair Article shall be scheduled to occur during the second five -year period. The Licensee shall offer to Chester County, SC an AAII lease travis.sinclair @duke - energy.com App A9 RMP to manage the access area, provide additional recreation facilities, and maintain all facilities. (B)8.b If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for the measures included in the proposed Recreation Management Plan License Article. App A9 b. Fishing Creek Access Area — Provide a fishing pier, additional paved parking, picnic facilities, restrooms, and a swimming area, if a swimming area is feasible at this site. Licensee 10.27.27.1 Highway 9 Access Area — Within 20 years following the FERC's issuance of the New License and the closure of all rehearing and 20 years post- Travis Sinclair administrative challenge periods related to recreation, provided that an entity executes an agreement to (i) provide approximately 1 license travis.sinclair @duke - energy.com to 5 acres of suitable property; (ii) provide support facilities including roads and parking; and (iii) maintain all facilities, the Licensee, shall provide to this entity up to $215,000 to develop a new trailered -boat ramp, courtesy dock, and restrooms at a site other than, but in the vicinity of, the existing Highway 9 Landing operated by SCDNR. Neither the existing SCDNR site nor any new site funded by the Licensee shall be included in the FERC Project Boundaries. J SCDNR 10.27.27.1 Highway 9 Access Area — Within 20 years following the FERC's issuance of the New License and the closure of all rehearing and 20 years post- Travis Sinclair administrative challenge periods related to recreation, provided that an entity executes an agreement to (i) provide approximately 1 license travis.sinclair @duke - energy.com to 5 acres of suitable property; (ii) provide support facilities including roads and parking; and (iii) maintain all facilities, the Licensee, shall provide to this entity up to $215,000 to develop a new trailered -boat ramp, courtesy dock, and restrooms at a site other than, but in the vicinity of, the existing Highway 9 Landing operated by SCDNR. Neither the existing SCDNR site nor any new site funded by the Licensee shall be included in the FERC Project Boundaries. Licensee 10.27.28.1 Fishing Creek Tailrace Fishing Area — All measures identified for this area in the proposed Recreation Management Plan License 2nd 5 -year period Travis Sinclair Article shall be scheduled to occur during the second five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)8.c App A9 c. Fishing Creek Tailrace Fishing Area — Provide a public fishing area including a platform, pier or bank fishing trail, and paved parking. Highway 200 Bridge Access Area — All measures identified for this access area in the proposed Recreation Management Plan 1 st 5 -year period Licensee 10.27.29.1 Travis Sinclair License Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)9.b App A9 b. Highway 200 Bridge Access Area — Acquire approximately 1 to 5 acres in the vicinity of the Highway 200, Highway 21, and Fishing Creek intersection and develop and maintain a canoe /kayak launch, restrooms, and gravel parking area. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.30.1 Lower Great Falls Reservoir Canoe /Kayak Launch — All measures identified for this access area in the proposed Recreation 2nd 5 -year period Travis Sinclair Management Plan License Article shall be scheduled to occur during the second five -year period. The Licensee shall also offer to travis.sinclair @duke - energy.com App A9 RMP the SCDPRT, and the SCDPRT shall consider, an AAII lease to manage the access area and maintain the facilities. If the SCDPRT (B) 9.f does not enter into the lease, the Licensee shall maintain the facilities. App A9 f. Lower Great Falls Reservoir Canoe /Kayak Launch — Acquire approximately 1 to 7 acres and construct a canoe /kayak launch on Great Falls Reservoir downstream of the Great Falls Headworks. SCDPRT 10.27.30.1 Lower Great Falls Reservoir Canoe /Kayak Launch — All measures identified for this access area in the proposed Recreation 2nd 5 -year period Travis Sinclair Management Plan License Article shall be scheduled to occur during the second five -year period. The Licensee shall also offer to travis.sinclair @duke - energy.com App A9 RMP the SCDPRT, and the SCDPRT shall consider, an AAII lease to manage the access area and maintain the facilities. If the SCDPRT (B) 9.f does not enter into the lease, the Licensee shall maintain the facilities. App A9 f. Lower Great Falls Reservoir Canoe /Kayak Launch — Acquire approximately 1 to 7 acres and construct a canoe /kayak launch on Great Falls Reservoir downstream of the Great Falls Headworks. Licensee 10.27.31.1 Great Falls Diversion Dam Portage — All measures identified for this portage in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)9.c App A9 c. Great Falls Diversion Dam Portage — Develop a portage trail on the north end of Mountain Island to provide boater access to the Great Falls Long Bypassed Reach. Licensee 10.27.31.2 Great Falls Reservoir Boating Safety — All measures identified for boating safety in the Great Falls Reservoir in the proposed 1 st 5 -year period Travis Sinclair Recreation Management Plan License Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)9.a App A9 a. Great Falls Reservoir Boating Safety — Evaluate safety concerns associated with boating near the Great Falls Diversion Dam, the Great Falls Headworks, and the Great Falls- Dearborn Dam, and determine the need for constructing boating safety devices upstream of these structures. The Licensee shall report its conclusions to the Commission and shall submit a revision to its Public Safety Plan for the Great Falls- Dearborn Development to the Commission, for acceptance, if boating safety devices are determined to be needed. This evaluation shall be completed and any necessary boating safety devices installed at the Great Falls Diversion Dam, the Great Falls Headworks and the Great Falls- Dearborn Dam prior to beginning the prescribed Recreational Flows identified in this license and prior to the construction of any public boat launching areas providing boating access to the Great Falls Reservoir. Licensee 10.27.32.1 Great Falls Headworks Portage — All measures identified for this portage in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)9.d App A9 d. Great Falls Headworks Portage — Develop a portage trail on Mountain Island around the Great Falls Headworks to provide boater access to the Great Falls Short Bypassed Reach. CRA Party CRA Section CRA Commitment Commitment Date Duke SME Licensee 10.27.32.2 Great Falls Headworks -to -Cedar Creek Reservoir Portage — All measures identified for this area in the proposed Recreation 1 st 5 -year period Travis Sinclair Management Plan License Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)9e App A9 e. Great Falls Headworks -to -Cedar Creek Reservoir Portage — Develop a portage trail along the Great Falls Short Bypassed Reach to Cedar Creek Reservoir. Licensee 10.27.33.1 Cedar Creek Reservoir Island Improvements — All actions associated with the leases identified for these islands in the proposed 1 st 5 -year period Travis Sinclair Recreation Management Plan License Article shall be scheduled to occur during the first five -year period. The Parties agree that the travis.sinclair @duke - energy.com App A9 RMP AAII lease offered by the Licensee to SCDPRT (see Paragraph 9.3.2.3) shall include provisions that SCDPRT shall consult with the (B) 10.a Licensee and SCDAH to develop a facilities and resources management plan for the Dearborn Armory site (see Paragraph 9.3.2.3), and Great Falls /Cedar Creek Island complex by the end of the second five -year period. In the management plan SCDPRT shall include a facility development schedule that will be reviewed and updated periodically, but at least every ten years, in consultation with the Licensee and SCDAH. If SCDPRT is a Party to this Agreement and the Licensee concurs with the management plan, the Licensee shall provide one million dollars ($1 million) to SCDPRT for activities specified in Section 9.3.2, and to fund start-up costs for the new state park on Dearborn Island. The Licensee's funding shall be provided to SCDPRT within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, according to a schedule to be developed as part of the management plan..... If SCDPRT is a Party to this Agreement and SCDPRT leases Dearborn Island from the Licensee for a new state park and leases the Lower Great Falls Reservoir Canoe /Kayak Launch, the Licensee shall construct an ADA- compliant pedestrian bridge from the Lower Great Falls Reservoir Canoe /Kayak Launch to Dearborn Island. The Parties acknowledge that the Licensee shall not be obligated to construct the canoe /kayak launch or pedestrian bridge until such time that the Licensee in its sole discretion determines that all safety concerns related to these structures have been resolved. If the pedestrian bridge is constructed, SCDPRT shall construct an ADA - compliant trail to the pedestrian bridge, additional trails on Dearborn Island, and other facilities as provided for in the approved management plan, beginning in the second five -year period. The SCDPRT shall maintain the pedestrian bridge..... App A9 a. Cedar Creek Reservoir Island Improvements — Offer to lease to SCDPRT at nominal cost the islands in the Great Falls -Cedar Creek Island complex for SCDPRT to develop and maintain a new state park. The Licensee shall include in this lease an operations agreement to allow SCDPRT vehicular use of the existing bridge to Dearborn Island. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDPRT 10.27.33.1 Cedar Creek Reservoir Island Improvements — All actions associated with the leases identified for these islands in the proposed 1 st 5 -year period Travis Sinclair Recreation Management Plan License Article shall be scheduled to occur during the first five -year period. The Parties agree that the travis.sinclair @duke - energy.com App A9 RMP AAII lease offered by the Licensee to SCDPRT (see Paragraph 9.3.2.3) shall include provisions that SCDPRT shall consult with the (B) 10.a Licensee and SCDAH to develop a facilities and resources management plan for the Dearborn Armory site (see Paragraph 9.3.2.3), and Great Falls /Cedar Creek Island complex by the end of the second five -year period. In the management plan SCDPRT shall include a facility development schedule that will be reviewed and updated periodically, but at least every ten years, in consultation with the Licensee and SCDAH. If SCDPRT is a Party to this Agreement and the Licensee concurs with the management plan, the Licensee shall provide one million dollars ($1 million) to SCDPRT for activities specified in Section 9.3.2, and to fund start-up costs for the new state park on Dearborn Island. The Licensee's funding shall be provided to SCDPRT within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, according to a schedule to be developed as part of the management plan..... If SCDPRT is a Party to this Agreement and SCDPRT leases Dearborn Island from the Licensee for a new state park and leases the Lower Great Falls Reservoir Canoe /Kayak Launch, the Licensee shall construct an ADA- compliant pedestrian bridge from the Lower Great Falls Reservoir Canoe /Kayak Launch to Dearborn Island. The Parties acknowledge that the Licensee shall not be obligated to construct the canoe /kayak launch or pedestrian bridge until such time that the Licensee in its sole discretion determines that all safety concerns related to these structures have been resolved. If the pedestrian bridge is constructed, SCDPRT shall construct an ADA - compliant trail to the pedestrian bridge, additional trails on Dearborn Island, and other facilities as provided for in the approved management plan, beginning in the second five -year period. The SCDPRT shall maintain the pedestrian bridge..... App A9 a. Cedar Creek Reservoir Island Improvements — Offer to lease to SCDPRT at nominal cost the islands in the Great Falls -Cedar Creek Island complex for SCDPRT to develop and maintain a new state park. The Licensee shall include in this lease an operations agreement to allow SCDPRT vehicular use of the existing bridge to Dearborn Island. Gt. Falls, SC 10.27.34.1 Mudcat Inn Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period Travis Sinclair shall be scheduled to occur during the second five -year period. The Licensee shall also offer to the Town of Great Falls, SC, and the travis.sinclair @duke - energy.com App A9 RMP Town of Great Falls, SC shall consider, an AAII lease to manage the access area and maintain the facilities. If the Town of Great (B) 10.b Falls, SC does not enter into the lease, the Licensee shall maintain the facilities. App A9 b. Mudcat Inn Access Area — Acquire approximately 1 to 5 acres in the vicinity of Mudcat Inn and develop a canoe /kayak access facility with approximately ten gravel parking spaces. Mudcat Inn Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article 2nd 5 -year period Licensee 10.27.34.1 Travis Sinclair shall be scheduled to occur during the second five -year period. The Licensee shall also offer to the Town of Great Falls, SC, and the travis.sinclair @duke - energy.com App A9 RMP Town of Great Falls, SC shall consider, an AAII lease to manage the access area and maintain the facilities. If the Town of Great (B) 10.b Falls, SC does not enter into the lease, the Licensee shall maintain the facilities. App A9 b. Mudcat Inn Access Area — Acquire approximately 1 to 5 acres in the vicinity of Mudcat Inn and develop a canoe /kayak access facility with approximately ten gravel parking spaces. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.35.1 Wateree Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)1 1.a App A9 a. Wateree Creek Access Area — Provide a fishing pier, a 5 to 10 table picnic facility, restrooms, and an approximately ten -space gravel parking area. Licensee 10.27.35.2 1.1.1.1 Molly Creek Park — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. The Licensee shall market to commercial operators an AAII lease travis.sinclair @duke - energy.com App A9 RMP for development and management of a multi -use recreation area including, but not limited to a swimming area, RV campground, (B)1 1.b bathhouse, dump station, marine pump -out, paved parking, restrooms, trails, bank and pier fishing, picnic facilities, and boat access. The lessee shall be responsible for all site development and management including facility maintenance. App A9 If the access area is not leased, the Licensee may, in accordance with Paragraph 10.24, change the implementation schedule in its RMP for all facilities development included in the proposed Recreation Management Plan License Article for this site. The Licensee shall be under no obligation to provide a RV campground, a bathhouse, dump station, or marine pump -out. Licensee 10.27.35.3 Lake Wateree State Park Management Zone — All measures identified for the Lake Wateree State Park Management Zone in the 1 st 5 -year period Travis Sinclair proposed Recreation Management Plan License Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B) 11.0 App A9 c. Lake Wateree State Park Management Zone — Offer the SCDPRT a nominal -cost lease for the term of this license for the Lake Wateree State Park management zone (up to 300 horizontal feet lakeward from full pond elevation) along the shoreline adjoining the state park. SCDPRT 10.27.35.3 Lake Wateree State Park Management Zone — All measures identified for the Lake Wateree State Park Management Zone in the 1 st 5 -year period Travis Sinclair proposed Recreation Management Plan License Article shall be scheduled to occur during the first five -year period. travis.sinclair @duke - energy.com App A9 RMP (B) 11.0 App A9 c. Lake Wateree State Park Management Zone — Offer the SCDPRT a nominal -cost lease for the term of this license for the Lake Wateree State Park management zone (up to 300 horizontal feet lakeward from full pond elevation) along the shoreline adjoining the state park. Kershaw County, SC East Wateree Access Improvements — Provided that Kershaw County, SC is a Party to this Agreement and that Kershaw County, SO 10.27.35.4 1 st 5 -year period Mark Oakley acquires in fee - simple ownership suitable property that adjoins the Licensee's property on the east side of Lake Wateree, the mark.oakley @duke - energy.com Licensee shall provide funding to Kershaw County, SC (up to $900,000 total), within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, for the County to construct two motorized boat ramps with a courtesy dock, paved and lighted parking, and a swimming area with bathhouse and paved parking on the County- acquired property to improve public access to the east side of Lake Wateree. Kershaw County, SC shall manage the access area and shall maintain all facilities. This new access area shall not be included in the FERC Project Boundaries. If Kershaw County, SC is not a Party to this Agreement, or if the County does not acquire suitable property in fee - simple ownership that adjoins the Licensee's property on the east side of Lake Wateree within that first five years, then the Licensee shall make its funding, up to $900,000 total, available, within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, to other state or local governments that will agree to provide these public recreation amenities. If no state or local government agrees to provide these amenities, the Licensee shall be under no obligation to provide these funds described in this Paragraph 10.27.35.4. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.35.4 East Wateree Access Improvements — Provided that Kershaw County, SC is a Party to this Agreement and that Kershaw County, SCI 1 st 5 -year period Mark Oakley acquires in fee - simple ownership suitable property that adjoins the Licensee's property on the east side of Lake Wateree, the mark.oakley @duke - energy.com Licensee shall provide funding to Kershaw County, SC (up to $900,000 total), within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, for the County to construct two motorized boat ramps with a courtesy dock, paved and lighted parking, and a swimming area with bathhouse and paved parking on the County- acquired property to improve public access to the east side of Lake Wateree. Kershaw County, SC shall manage the access area and shall maintain all facilities. This new access area shall not be included in the FERC Project Boundaries. If Kershaw County, SC is not a Party to this Agreement, or if the County does not acquire suitable property in fee - simple ownership that adjoins the Licensee's property on the east side of Lake Wateree within that first five years, then the Licensee shall make its funding, up to $900,000 total, available, within ten years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation, to other state or local governments that will agree to provide these public recreation amenities. If no state or local government agrees to provide these amenities, the Licensee shall be under no obligation to provide these funds described in this Paragraph 10.27.35.4. Licensee 10.27.35.5 Lake Wateree Recreation Lands — Provided that the SCDNR and SCDPRT are both Parties to this Agreement, Duke Energy shall 5 years post - license Travis Sinclair convey approximately 800 acres of land adjoining the Heritage Project, Cedar Creek Access Area and Lake Wateree to the SCDNR travis.sinclair @duke - energy.com for public recreation and compatible permanent conservation within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. These agencies agree that these lands will be used as a wildlife management area, a state park, or a combination of both. If SCDPRT decides to manage some or all of this property as a state park and SCDNR concurs, then the Licensee and SCDPRT shall also enter into a nominal -cost lease for the term of the New License for a lake management zone (up to 300 horizontal feet lakeward from full pond elevation) along the shoreline adjoining the park lands. SCDNR 10.27.35.5 Lake Wateree Recreation Lands — Provided that the SCDNR and SCDPRT are both Parties to this Agreement, Duke Energy shall 5 years post - license Travis Sinclair convey approximately 800 acres of land adjoining the Heritage Project, Cedar Creek Access Area and Lake Wateree to the SCDNR travis.sinclair @duke - energy.com for public recreation and compatible permanent conservation within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. These agencies agree that these lands will be used as a wildlife management area, a state park, or a combination of both. If SCDPRT decides to manage some or all of this property as a state park and SCDNR concurs, then the Licensee and SCDPRT shall also enter into a nominal -cost lease for the term of the New License for a lake management zone (up to 300 horizontal feet lakeward from full pond elevation) along the shoreline adjoining the park lands. SCDPRT 10.27.35.5 Lake Wateree Recreation Lands — Provided that the SCDNR and SCDPRT are both Parties to this Agreement, Duke Energy shall 1st 5 -year period Travis Sinclair convey approximately 800 acres of land adjoining the Heritage Project, Cedar Creek Access Area and Lake Wateree to the SCDNR travis.sinclair @duke - energy.com for public recreation and compatible permanent conservation within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to recreation. These agencies agree that these lands will be used as a wildlife management area, a state park, or a combination of both. This area shall not be included in the FERC Project Boundaries. If SCDPRT decides to manage some or all of this property as a state park and SCDNR concurs, then the Licensee and SCDPRT shall also enter into a nominal -cost lease for the term of the New License for a lake management zone (up to 300 horizontal feet lakeward from full pond elevation) along the shoreline adjoining the park lands. If either SCDNR or SCDPRT is not a Party to this Agreement, then Duke Energy shall have no obligation to implement the measures set forth in this Paragraph 10.27.35.5. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 10.27.35.6 Colonels Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. The Licensee shall offer to Fairfield County, SC an AAII lease for travis.sinclair @duke - energy.com App A9 RMP additional recreation development and management including maintenance of all facilities. (B)1 1.d App A9 d. Colonels Creek Access Area — Provide a courtesy dock, swimming area, restrooms, picnic shelter, and additional paved parking. Fairfield County, SC 10.27.35.6 Colonels Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 1 st 5 -year period Travis Sinclair Article shall be scheduled to occur during the first five -year period. The Licensee shall offer to Fairfield County, SC an AAII lease for travis.sinclair @duke - energy.com App A9 RMP additional recreation development and management including maintenance of all facilities. (B)1 1.d App A9 d. Colonels Creek Access Area — Provide a courtesy dock, swimming area, restrooms, picnic shelter, and additional paved parking. Licensee 10.27.36.1 Taylors Creek Access Area — All measures identified for this access area in the proposed Recreation Management Plan License 12nd 5 -year period Travis Sinclair Article shall be scheduled to occur during the second five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)1 1.e App A9 e. Taylors Creek Access Area — Expand the existing access area by approximately three acres (total of approximately 10 acres) and provide approximately 10 gravel parking spaces. Licensee 10.27.37.1 Lugoff Access Area — All measures identified for this access area in the proposed Recreation Management Plan License Article shall 3rd 5 -year period Travis Sinclair be scheduled to occur during the third five -year period. travis.sinclair @duke - energy.com App A9 RMP (B)1 1.f App A9 f. Lugoff Access Area — Provide restrooms and improved gravel parking. Alan Stuart Licensee 11.2 The Parties acknowledge that, in accordance with the proposed Federal Threatened and Endangered Species Protection Plans On -going License Article, the Licensee filed Threatened and Endangered Species Protection Plans with the FERC, for approval, with its alan.stuart@duke - energy.com Application for New License. These plans will be for the species listed in the proposed Federal Threatened and Endangered Species Protection Plans License Article and shall be consistent with this Section 11.2. Upon FERC approval, the Licensee will then implement these plans for the species listed in the proposed Federal Threatened and Endangered Species Protection Plans License Article. All Parties agree that the filing by the Licensee of any revised Species Protection Plan as may be required by the proposed Federal Threatened and Endangered Species Protection Plans License Article will not constitute or require modification to this Agreement and that any Party may be involved in the FERC's public processes for assessing any such revised Species Protection Plans. Dwarf- flowered Heartleaf (Hexastylis naniflora ) — The Licensee shall consult with the USFWS and the NC Natural Heritage Program Not specified Licensee 11.2.2 Alan Stuart and appropriately protect populations of dwarf- flowered heartleaf found at the Bridgewater Development (Lake James) within the alan.stuart@duke - energy.com FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries. Where the species is found within the FERC Project Boundaries, the Licensee shall place the population(s) within a protective conservation easement. Where the species is found on Licensee -owned property adjoining the FERC Project Boundaries, the Licensee shall place the population(s) within a protective permanent conservation easement or use deed restrictions as protection. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR 11.2.2 Dwarf- flowered Heartleaf (Hexastylis naniflora) — The Licensee shall consult with the USFWS and the NC Natural Heritage Program Not specified Alan Stuart and appropriately protect populations of dwarf- flowered heartleaf found at the Bridgewater Development (Lake James) within the alan.stuart@duke - energy.com FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries. Where the species is found within the FERC Project Boundaries, the Licensee shall place the population(s) within a protective conservation easement. Where the species is found on Licensee -owned property adjoining the FERC Project Boundaries, the Licensee shall place the population(s) within a protective permanent conservation easement or use deed restrictions as protection. 11.2.3.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered 5 years post - license Licensee 11.2.3 Alan Stuart eagle nests within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. 11.2.3.2 The Licensee shall consult with the USFWS and the appropriate state agencies to develop and implement management plans following the USFWS's "Habitat Management Guidelines for The Bald Eagle in The Southeast Region (Appendix D of the Southeastern States Bald Eagle Recovery Plan (1987))" for eagle nest sites located within the FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries as the need arises. 11.2.3.3 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection, the Licensee, in partnership with the USFWS and appropriate federal and state agencies, shall collect new information such as new nest sites, existing status, and recruitment estimates within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee shall continue to collect this information at three -year intervals for the term of the New License and shall provide this information to the pertinent federal and state agencies for analysis. 11.2.3.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered 5 years post - license NCDENR 11.2.3 Alan Stuart eagle nests within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. 11.2.3.2 The Licensee shall consult with the USFWS and the appropriate state agencies to develop and implement management plans following the USFWS's "Habitat Management Guidelines for The Bald Eagle in The Southeast Region (Appendix D of the Southeastern States Bald Eagle Recovery Plan (1987))" for eagle nest sites located within the FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries as the need arises. 11.2.3.3 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection, the Licensee, in partnership with the USFWS and appropriate federal and state agencies, shall collect new information such as new nest sites, existing status, and recruitment estimates within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee shall continue to collect this information at three -year intervals for the term of the New License and shall provide this information to the pertinent federal and state agencies for analysis. CRA Party CRA Section CRA Commitment Commitment Date Duke SME NCWRC 11.2.3 11.2.3.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered 5 years post - license Alan Stuart eagle nests within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. 11.2.3.2 The Licensee shall consult with the USFWS and the appropriate state agencies to develop and implement management plans following the USFWS's "Habitat Management Guidelines for The Bald Eagle in The Southeast Region (Appendix D of the Southeastern States Bald Eagle Recovery Plan (1987))" for eagle nest sites located within the FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries as the need arises. 11.2.3.3 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection, the Licensee, in partnership with the USFWS and appropriate federal and state agencies, shall collect new information such as new nest sites, existing status, and recruitment estimates within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee shall continue to collect this information at three -year intervals for the term of the New License and shall provide this information to the pertinent federal and state agencies for analysis. Licensee 11.2.3 11.2.3.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered 5 years post - license Alan Stuart eagle nests within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. 11.2.3.2 The Licensee shall consult with the USFWS and the appropriate state agencies to develop and implement management plans following the USFWS's "Habitat Management Guidelines for The Bald Eagle in The Southeast Region (Appendix D of the Southeastern States Bald Eagle Recovery Plan (1987))" for eagle nest sites located within the FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries as the need arises. 11.2.3.3 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection, the Licensee, in partnership with the USFWS and appropriate federal and state agencies, shall collect new information such as new nest sites, existing status, and recruitment estimates within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee shall continue to collect this information at three -year intervals for the term of the New License and shall provide this information to the pertinent federal and state agencies for analysis. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR 11.2.3 11.2.3.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered 5 years post - license Alan Stuart eagle nests within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. 11.2.3.2 The Licensee shall consult with the USFWS and the appropriate state agencies to develop and implement management plans following the USFWS's "Habitat Management Guidelines for The Bald Eagle in The Southeast Region (Appendix D of the Southeastern States Bald Eagle Recovery Plan (1987))" for eagle nest sites located within the FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries as the need arises. 11.2.3.3 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection, the Licensee, in partnership with the USFWS and appropriate federal and state agencies, shall collect new information such as new nest sites, existing status, and recruitment estimates within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee shall continue to collect this information at three -year intervals for the term of the New License and shall provide this information to the pertinent federal and state agencies for analysis. SCDPRT 11.2.3 11.2.3.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered 15 years post - license Alan Stuart eagle nests within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. 11.2.3.2 The Licensee shall consult with the USFWS and the appropriate state agencies to develop and implement management plans following the USFWS's "Habitat Management Guidelines for The Bald Eagle in The Southeast Region (Appendix D of the Southeastern States Bald Eagle Recovery Plan (1987))" for eagle nest sites located within the FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries as the need arises. 11.2.3.3 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection, the Licensee, in partnership with the USFWS and appropriate federal and state agencies, shall collect new information such as new nest sites, existing status, and recruitment estimates within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee shall continue to collect this information at three -year intervals for the term of the New License and shall provide this information to the pertinent federal and state agencies for analysis. The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered foraging Not specified Alan Stuart Licensee 11.2.4.1 wood storks within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered foraging Not specified Alan Stuart NCDENR 11.2.4.1 wood storks within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC 11.2.4.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered foraging Not specified Alan Stuart wood storks within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. SCDNR 11.2.4.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered foraging Not specified Alan Stuart wood storks within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. SCDPRT 11.2.4.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly discovered foraging Not specified Alan Stuart wood storks within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated alan.stuart@duke - energy.com floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. Licensee 11.2.6 11.2.6.1 The Licensee shall share any information about shortnose sturgeon occurrences or collections in the Wateree River Complete Alan Stuart downstream of the Wateree Dam with the National Marine Fisheries Service (NMFS) and other appropriate resource agencies. alan.stuart@duke - energy.com 11.2.6.3 The Licensee shall continue its ongoing discussions with other hydro project owners and federal and state resource agencies at least through December 31, 2006, to explore potential cooperative measures for the protection, enhancement and restoration of diadromous fish species, including shortnose sturgeon (as well as American eel), in the Santee River Basin. 11.2.6.1 The Licensee shall share any information about shortnose sturgeon occurrences or collections in the Wateree River Complete NCWRC 11.2.6 Alan Stuart downstream of the Wateree Dam with the National Marine Fisheries Service (NMFS) and other appropriate resource agencies. alan.stuart@duke - energy.com 11.2.6.3 The Licensee shall continue its ongoing discussions with other hydro project owners and federal and state resource agencies at least through December 31, 2006, to explore potential cooperative measures for the protection, enhancement and restoration of diadromous fish species, including shortnose sturgeon (as well as American eel), in the Santee River Basin. Complete Alan Stuart SCDNR 11.2.6 11.2.6.1 The Licensee shall share any information about shortnose sturgeon occurrences or collections in the Wateree River downstream of the Wateree Dam with the National Marine Fisheries Service (NMFS) and other appropriate resource agencies. alan.stuart@duke - energy.com 11.2.6.3 The Licensee shall continue its ongoing discussions with other hydro project owners and federal and state resource agencies at least through December 31, 2006, to explore potential cooperative measures for the protection, enhancement and restoration of diadromous fish species, including shortnose sturgeon (as well as American eel), in the Santee River Basin. American Eel (Anguilla rostrata) Alan Stuart Licensee 11.2.7 On -going alan.stuart@duke - energy.com 11.2.7.1 The Licensee shall stay informed of the activities related to the effort to list the American eel as federally threatened or endangered. 11.2.7.2 The Licensee shall reasonably cooperate with the USFWS and NMFS on current and future conservation initiatives for the American eel. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 11.3 In addition to the Species Protection Plans for Federal Threatened and Endangered Species, the Licensee shall file Species 60 days post - license Alan Stuart Protection Plans with the NCWRC and the SCDNR as appropriate and implement management activities for the species listed in alan.stuart@duke - energy.com this Section 11.3, within 60 days following issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection or in a timeframe otherwise identified in this Section 11.3. The Parties agree that, except for any supporting actions (e.g., prescribed flow releases) that are identified in this Agreement in locations other than this Section 11.0, the New License shall not include license articles that require specific actions from the Licensee to protect the species listed in this Section 11.3. SCDNR 11.3 In addition to the Species Protection Plans for Federal Threatened and Endangered Species, the Licensee shall file Species 60 days post - license Alan Stuart Protection Plans with the NCWRC and the SCDNR as appropriate and implement management activities for the species listed in alan.stuart@duke - energy.com this Section 11.3, within 60 days following issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection or in a timeframe otherwise identified in this Section 11.3. The Parties agree that, except for any supporting actions (e.g., prescribed flow releases) that are identified in this Agreement in locations other than this Section 11.0, the New License shall not include license articles that require specific actions from the Licensee to protect the species listed in this Section 11.3. Alan Stuart Licensee 11.3.1 11.3.1.2 The Licensee, in partnership with the South Carolina Department of Parks, Recreation and Tourism (SCDPRT), Not specified SCDNR and USFWS, shall prepare and implement a monitoring plan for the spiderlilies at Landsford Canal State Park. Monitoring alan.stuart@duke - energy.com activities for this species will be similar to the monitoring plans prepared for other regional populations (e.g., Lockhart Dam Project). 11.3.1.3 Within the Great Falls Long Bypassed Reach, the Licensee, SCDPRT, and SCDNR, shall partner with USFWS to restore and monitor the Rocky Shoals spiderlily. I SCDPRT 11.3.1 11.3.1.2 The Licensee, in partnership with the South Carolina Department of Parks, Recreation and Tourism (SCDPRT), Not specified Alan Stuart SCDNR and USFWS, shall prepare and implement a monitoring plan for the spiderlilies at Landsford Canal State Park. Monitoring alan.stuart@duke - energy.com activities for this species will be similar to the monitoring plans prepared for other regional populations (e.g., Lockhart Dam Project). 11.3.1.3 Within the Great Falls Long Bypassed Reach, the Licensee, SCDPRT, and SCDNR, shall partner with USFWS to restore and monitor the Rocky Shoals spiderlily. 11.3.1.2 The Licensee, in partnership with the South Carolina Department of Parks, Recreation and Tourism (SCDPRT), Not specified Alan Stuart SCDNR 11.3.1 SCDNR and USFWS, shall prepare and implement a monitoring plan for the spiderlilies at Landsford Canal State Park. Monitoring alan.stuart@duke - energy.com activities for this species will be similar to the monitoring plans prepared for other regional populations (e.g., Lockhart Dam Project). 11.3.1.3 Within the Great Falls Long Bypassed Reach, the Licensee, SCDPRT, and SCDNR, shall partner with USFWS to restore and monitor the Rocky Shoals spiderlily. Rafinesque's Big -eared Bat (Corynorhinus rafinesquii )..... Licensee 11.3.2 2 years post - license Alan Stuart alan.stuart@duke - energy.com Licensee 11.3.3.2 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative 5 years post - license Alan Stuart challenge periods related to species protection, the Licensee shall monitor the freshwater mussel species found in the Project area alan.stuart@duke - energy.com at three -year intervals for the term of the New License, tracking populations and analyzing trends over time. A total of approximately 35 sample sites throughout the Project area will initially be included in this monitoring program. The Licensee shall prepare a written report after each monitoring cycle for distribution to the appropriate federal and state agencies. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 11.3.5 On -going Alan Stuart Robust Redhorse (Moxostoma robustum) —The Licensee is a signatory to the original Robust Redhorse Conservation Committee alan.stuart@duke- energy.com (RRCC) Memorandum of Agreement (MOU) and shall continue to support and consult with the RRCC concerning the management and protection of this species in the Project area and its native range in Georgia, North Carolina and South Carolina. For the term of the New License, the Licensee shall continue to work cooperatively with its partners to manage and protect the robust redhorse. Support will include, but not be limited to, maintenance of active membership in the RRCC, financial support of the RRCC annual meeting, participation in field sampling activities where appropriate and support of appropriate research initiatives. Alan Stuart NCWRC 11.3.5 On -going Robust Redhorse (Moxostoma robustumj —The Licensee is a signatory to the original Robust Redhorse Conservation Committee alan.stuart@duke- energy.com (RRCC) Memorandum of Agreement (MOU) and shall continue to support and consult with the RRCC concerning the management and protection of this species in the Project area and its native range in Georgia, North Carolina and South Carolina. For the term of the New License, the Licensee shall continue to work cooperatively with its partners to manage and protect the robust redhorse. Support will include, but not be limited to, maintenance of active membership in the RRCC, financial support of the RRCC annual meeting, participation in field sampling activities where appropriate and support of appropriate research initiatives. SCDNR 11.3.5 On -going Alan Stuart Robust Redhorse (Moxostoma robustum) —The Licensee is a signatory to the original Robust Redhorse Conservation Committee alan.stuart@duke- energy.com (RRCC) Memorandum of Agreement (MOU) and shall continue to support and consult with the RRCC concerning the management and protection of this species in the Project area and its native range in Georgia, North Carolina and South Carolina. For the term of the New License, the Licensee shall continue to work cooperatively with its partners to manage and protect the robust redhorse. Support will include, but not be limited to, maintenance of active membership in the RRCC, financial support of the RRCC annual meeting, participation in field sampling activities where appropriate and support of appropriate research initiatives. 11.3.6.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly 5 years post - license Licensee 11.3.6 Alan Stuart discovered heron rookeries within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their alan.stuart@duke - energy.com associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. 11.3.6.3 If any additional colonial wading bird rookeries and nesting areas are located within the FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries, the Licensee will enter into consultation with the USFWS and appropriate state agencies to develop an appropriate management and protection plan. 11.3.6.4 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection, the Licensee, in partnership with the USFWS and appropriate federal and state agencies, shall collect heron rookery information such as new nest sites, existing status, and recruitment estimates within or adjoining the FERC Project Boundaries or within and the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee shall continue collecting this information at three -year intervals for the term of the New License and shall provide this information to the USFWS, and other appropriate federal and state agencies for analysis. This survey will be conducted concurrently with the bald eagle nest surveys summarized in Paragraph 11.2.3.3. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC 11.3.6 11.3.6.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly 5 years post - license Alan Stuart discovered heron rookeries within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their alan.stuart@duke - energy.com associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. 11.3.6.3 If any additional colonial wading bird rookeries and nesting areas are located within the FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries, the Licensee will enter into consultation with the USFWS and appropriate state agencies to develop an appropriate management and protection plan. 11.3.6.4 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection, the Licensee, in partnership with the USFWS and appropriate federal and state agencies, shall collect heron rookery information such as new nest sites, existing status, and recruitment estimates within or adjoining the FERC Project Boundaries or within and the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee shall continue collecting this information at three -year intervals for the term of the New License and shall provide this information to the USFWS, and other appropriate federal and state agencies for analysis. This survey will be conducted concurrently with the bald eagle nest surveys summarized in Paragraph 11.2.3.3. SCDNR 11.3.6 11.3.6.1 The Licensee, USFWS and appropriate state agencies will share information concerning any known or newly 5 years post - license Alan Stuart discovered heron rookeries within or adjoining the FERC Project Boundaries or within the Catawba and Wateree rivers and their alan.stuart@duke - energy.com associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee and the agencies will formulate a data - sharing system concerning this information. 11.3.6.3 If any additional colonial wading bird rookeries and nesting areas are located within the FERC Project Boundaries or on Licensee -owned property adjoining the FERC Project Boundaries, the Licensee will enter into consultation with the USFWS and appropriate state agencies to develop an appropriate management and protection plan. 11.3.6.4 Beginning within five years following the FERC's issuance of the New License and the closure of all rehearing and administrative challenge periods related to species protection, the Licensee, in partnership with the USFWS and appropriate federal and state agencies, shall collect heron rookery information such as new nest sites, existing status, and recruitment estimates within or adjoining the FERC Project Boundaries or within and the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River. The Licensee shall continue collecting this information at three -year intervals for the term of the New License and shall provide this information to the USFWS, and other appropriate federal and state agencies for analysis. This survey will be conducted concurrently with the bald eagle nest surveys summarized in Paragraph 11.2.3.3. On -going Alan Stuart Licensee 11.4 Except for discussions with federal and state resource agencies that have management oversight responsibilities or discussions with adjoining property owners, the Licensee shall not communicate the location of populations of Rare, Threatened or Endangered alan.stuart@duke - energy.com Species or Species of Concern unless the location is already widely known (e.g. , the Rocky Shoals spiderlily at Landsford Canal State Park). On -going Licensee 11.5 If a federal or state listed Rare, Threatened or Endangered Species or Species of Concern is discovered in a previously unknown Alan Stuart area subject to the Licensee's Shoreline Management Plan, the Licensee shall consult with the USFWS and the appropriate federal alan.stuart@duke - energy.com and state agencies and make any necessary revisions to the shoreline classification maps or lake -use restrictions provided by the Shoreline Management Plan. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC 11.5 If a federal or state listed Rare, Threatened or Endangered Species or Species of Concern is discovered in a previously unknown On -going Alan Stuart area subject to the Licensee's Shoreline Management Plan, the Licensee shall consult with the USFWS and the appropriate federal alan.stuart@duke - energy.com and state agencies and make any necessary revisions to the shoreline classification maps or lake -use restrictions provided by the Shoreline Management Plan. SCDNR 11.5 If a federal or state listed Rare, Threatened or Endangered Species or Species of Concern is discovered in a previously unknown On -going Alan Stuart area subject to the Licensee's Shoreline Management Plan, the Licensee shall consult with the USFWS and the appropriate federal alan.stuart@duke - energy.com and state agencies and make any necessary revisions to the shoreline classification maps or lake -use restrictions provided by the Shoreline Management Plan. If a federal or state listed Rare, Threatened or Endangered Species or Species of Concern is discovered in a previously unknown Licensee 11.6 On -going Alan Stuart area within the FERC Project Boundaries or the Catawba and Wateree rivers and their associated floodplains and bottomlands from alan.stuart@duke - energy.com Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall consult with the USFWS, the appropriate federal and state agencies, and any Party to this Agreement that is likely to be directly affected to discuss potential protection and management measures. NCWRC 11.6 If a federal or state listed Rare, Threatened or Endangered Species or Species of Concern is discovered in a previously unknown On -going Alan Stuart area within the FERC Project Boundaries or the Catawba and Wateree rivers and their associated floodplains and bottomlands from alan.stuart@duke - energy.com Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall consult with the USFWS, the appropriate federal and state agencies, and any Party to this Agreement that is likely to be directly affected to discuss potential protection and management measures. If a federal or state listed Rare, Threatened or Endangered Species or Species of Concern is discovered in a previously unknown SCDNR 11.6 On -going Alan Stuart area within the FERC Project Boundaries or the Catawba and Wateree rivers and their associated floodplains and bottomlands from alan.stuart@duke - energy.com Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall consult with the USFWS, the appropriate federal and state agencies, and any Party to this Agreement that is likely to be directly affected to discuss potential protection and management measures. Licensee 11.7 At least annually, the Licensee shall, after consulting with the USFWS and appropriate federal and state agencies, review and Annual Alan Stuart update the list of state and federally listed species based on a species status change and updated distribution and occurrence alan.stuart@duke - energy.com information. If the update has any species that is newly listed, delisted, or has a change of status and that species is documented in the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall: (i) consult with the USFWS, appropriate state agencies, and any Party to this Agreement that is likely to be directly affected; and (ii), after consulting with these agencies and selected Parties, file any revised or additional Species Protection Plans with the appropriate state agencies. All Parties agree that the filing by the Licensee of any such revised Species Protection Plan will not constitute or require modification to this Agreement and that any Party may be involved in the state agencies' public processes for assessing revised Species Protection Plans. NCWRC 11.7 At least annually, the Licensee shall, after consulting with the USFWS and appropriate federal and state agencies, review and Annual Alan Stuart update the list of state and federally listed species based on a species status change and updated distribution and occurrence alan.stuart@duke - energy.com information. If the update has any species that is newly listed, delisted, or has a change of status and that species is documented in the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall: (i) consult with the USFWS, appropriate state agencies, and any Party to this Agreement that is likely to be directly affected; and (ii), after consulting with these agencies and selected Parties, file any revised or additional Species Protection Plans with the appropriate state agencies. All Parties agree that the filing by the Licensee of any such revised Species Protection Plan will not constitute or require modification to this Agreement and that any Party may be involved in the state agencies' public processes for assessing revised Species Protection Plans. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR 11.7 At least annually, the Licensee shall, after consulting with the USFWS and appropriate federal and state agencies, review and Annual Alan Stuart update the list of state and federally listed species based on a species status change and updated distribution and occurrence alan.stuart@duke - energy.com information. If the update has any species that is newly listed, delisted, or has a change of status and that species is documented in the FERC Project Boundaries or within the Catawba and Wateree rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall: (i) consult with the USFWS, appropriate state agencies, and any Party to this Agreement that is likely to be directly affected; and (ii), after consulting with these agencies and selected Parties, file any revised or additional Species Protection Plans with the appropriate state agencies. All Parties agree that the filing by the Licensee of any such revised Species Protection Plan will not constitute or require modification to this Agreement and that any Party may be involved in the state agencies' public processes for assessing revised Species Protection Plans. Licensee SMP Workgroup — The Parties agree that, during the first full calendar year following the issuance of the New License and the 1 year post - license Joe Hall 12.3 closure of all rehearing and administrative challenge periods related to shoreline and land management, and annually thereafter for joe.ha112 @duke - energy.com the term of the New License, the Licensee shall convene a workgroup of interested stakeholders for a status - review meeting to discuss implementation of the Shoreline Management Plan including SMP classification mapping and SMG permitting criteria. These meetings will afford the workgroup the opportunity to discuss implementation of the SMP and recommend potential modifications to be considered for the periodic updates of the SMG and the ten -year updates of the SMP. 12.4 Licensee Evaluation of SMP Effectiveness — The Parties agree that, beginning in the first full calendar year following the issuance of the New 1 year post - license Joe Hall License and the closure of all rehearing and administrative challenge periods related to shoreline and land management, and prior to joe.ha112 @duke - energy.com the close of the second annual status - review meeting described in Paragraph 12.3, the Licensee shall consult with the workgroup and shall prepare a basic study methodology and a simple list of baseline review parameters with which to evaluate the effectiveness of the SMG permitting criteria in protecting near -shore and riparian habitats. This consultation shall be completed by the close of the second annual status - review meeting described in Paragraph 12.3. Nine years after the first consultation described in this Paragraph 12.4 and every ten years thereafter for the term of the New License, the Licensee shall complete this SMG effectiveness evaluation as part of the review cycles noted in Paragraph 12.5 below. Based on these evaluations, SMG revisions and /or lake -use permitting - related changes shall be made to include consensus conclusions of the workgroup. In the event that the workgroup cannot reach consensus, the Licensee shall file with the FERC comments it has received regarding modifications to the SMP including the SMG in accordance with the proposed Shoreline Management Plan Review and Update Procedures License Article. Coordination of 20 -year SMG and RMP Updates— The Licensee shall complete the 20 -year Shoreline Classifications Map update 20 years post- Joe Hall Licensee 12.5 and shall consider changes to the SMP, pursuant to the proposed Shoreline Management Plan Review and Update Procedures license joe.ha112 @duke - energy.com License Article, simultaneously with the Recreation Use and Needs Assessment pursuant to the proposed Recreation Planning License Article. Following the implementation of all flow delivery and water quality enhancement modifications as required by the FERC- approved On -going Mark Oakley Licensee 13.2 Flow and Water Quality Implementation Plan ( FWQIP), the Licensee shall operate the Project developments for the term of the New mark.oakley @duke - energy.com License in accordance with the States' 401 Water Quality Certifications. Licensee 13.3 Revision of the FWQIP — The Parties agree that, if the North Carolina Department of Environment and Natural Resources On -going Keith Finley ( NCDENR), the South Carolina Department of Health and Environmental Control (SCDHEC), and the Licensee concur that any keith.finley @duke - energy.com revised FWQIP is an improvement to and not inconsistent with the current FWQIP and the terms of this Agreement, the Licensee will provide notice to all Parties, and any such revised FWQIP will automatically become incorporated as a term of this Agreement. Revision of the FWQIP — The Parties agree that, if the North Carolina Department of Environment and Natural Resources On -going NCDENR 13.3 Keith Finley ( NCDENR), the South Carolina Department of Health and Environmental Control (SCDHEC), and the Licensee concur that any keith.finley @duke - energy.com revised FWQIP is an improvement to and not inconsistent with the current FWQIP and the terms of this Agreement, the Licensee will provide notice to all Parties, and any such revised FWQIP will automatically become incorporated as a term of this Agreement. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 13.4 Recommended to Include FWQIP in 401 Water Quality Certifications — The Licensee shall apply to the States of North Carolina and Complete Keith Finley South Carolina for Water Quality Certifications under Section 401 of the Clean Water Act and shall include with its applications the keith.finley @duke - energy.com FWQIP (see Appendix L), or a FWQIP revised in accordance with Paragraph 13.3, as the recommended flow and water quality implementation plan. All Parties, except the NCDENR, agree that the FWQIP or such revised FWQIP shall be recommended to be a condition of the 401 Water Quality Certifications. Complete Licensee 13.5 Submittal of the FWQIP to the FERC — In accordance with the proposed Flow and Water Quality Implementation Plan License Mark Oakley Article and beginning on the effective date of the New License for the Project, except as otherwise established by law, including any mark.oakley @duke - energy.com Commission or judicial order, the Licensee shall file the FWQIP, supplemented with any engineering and construction details the Licensee determines are needed, with the FERC for approval. The Parties acknowledge that, except for the noted replacement of the Bridgewater Powerhouse, the Licensee shall not begin any construction required to implement the FWQIP until the FWQIP is approved by the FERC. The Parties acknowledge the possibility that the FWQIP may be modified during or superseded by the 401 Water Quality Certification processes, and that any supersedure may be an Inconsistent Act under Section 21.0. Licensee 13.7 Interim Procedures — The Parties acknowledge that the Licensee shall initiate interim changes to current operation at selected Complete Mark Oakley Project developments that require physical equipment additions or modifications in accordance with the FWQIP (Appendix L). The mark.oakley @duke - energy.com Licensee shall initiate the Interim Measures for Providing Aquatic Flow and /or DO Enhancement until Physical Modifications are Complete as identified in the FWQIP within 60 days following the issuance of the New License and closure of all rehearing and administrative challenge periods related to water quantity, including Project flow releases and reservoir levels, and water quality. The interim measures will continue at each dam or powerhouse until completion of the necessary construction at that dam or powerhouse. Unless the Licensee is operating in accordance with the Low Inflow Protocol and /or the Maintenance and Emergency Protocol, the Licensee shall operate the hydro units at the powerhouses identified for Interim Measures in Appendix L in the following manner: When the Licensee is providing flow releases, reservoir level control, and /or generation with any of these powerhouses at times that DO in the flow release from the powerhouse would be below 401 Water Quality Certification requirements, the Licensee shall operate the available hydro units with the greatest existing DO enhancement capability at that powerhouse in a first -on, last -off hierarchy and shall use all the DO enhancement capability available on all hydro units that are operated at that powerhouse if 13.8 needed in its best efforts to raise DO levels. Development of Total Maximum Daily Loads — In addition to any other requirements imposed by law, if, during the term of the New Licensee On -going Keith Finley License, Total Maximum Daily Loads (TMDL) are developed within the FERC Project Boundaries or on the Catawba and Wateree keith.finley @duke - energy.com rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River for pollutants that are introduced as a direct result of operation of Project facilities, then the Licensee shall actively consult with the appropriate State agencies, including but not limited to data - sharing, modeling and sampling, to determine 13.8 what, if any, role Project operations play in managing the pollutant. Development of Total Maximum Daily Loads — In addition to any other requirements imposed by law, if, during the term of the New NCDENR On -going Keith Finley License, Total Maximum Daily Loads (TMDL) are developed within the FERC Project Boundaries or on the Catawba and Wateree keith.finley @duke - energy.com rivers and their associated floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River for pollutants that are introduced as a direct result of operation of Project facilities, then the Licensee shall actively consult with the appropriate State agencies, including but not limited to data - sharing, modeling and sampling, to determine what, if any, role Project operations play in managing the pollutant. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 13.9 13.9.3 Immediately consult with SCDHEC and /or NCDWQ as appropriate to confirm the assessment of the non - compliance and On -going Keith Finley the proposed corrective actions(s); keith.finley @duke - energy.com 13.9.4 Continue in consultation with NCDWQ and /or SCDHEC to develop an implementation plan for corrective actions. This plan may include making additional hydro station modifications and /or mitigation. Corrective actions will be implemented as soon as possible while being compatible with materials availability, manufacturing capacity, transportation schedules, and installation contractor availability; and 13.9.5 Implement the plan for corrective actions as approved by NCDWQ and /or SCDHEC NCDENR 13.9 13.9.3 Immediately consult with SCDHEC and /or NCDWQ as appropriate to confirm the assessment of the non - compliance and On -going Keith Finley the proposed corrective actions(s); keith.finley @duke - energy.com 13.9.4 Continue in consultation with NCDWQ and /or SCDHEC to develop an implementation plan for corrective actions. This plan may include making additional hydro station modifications and /or mitigation. Corrective actions will be implemented as soon as possible while being compatible with materials availability, manufacturing capacity, transportation schedules, and installation contractor availability; and 13.9.5 Implement the plan for corrective actions as approved by NCDWQ and /or SCDHEC Regional Water Quality Issues — If at any time during the term of the New License, the Licensee believes that its inability to comply On -going Licensee 13.10 Keith Finley with any terms or conditions of any 401 Water Quality Certification is not attributable to the Licensee's operations or is attributable to keith.finley @duke - energy.com increased waste loadings (compared to waste loadings present at the time of Project equipment installation) from point or non -point sources, then the Licensee may provide data to NCDWQ and /or SCDHEC as appropriate to (i) help determine whether it is the Licensee's operations or other sources that are causing the Licensee's inability to comply and /or (ii) support any TMDL proceeding or other corrective actions to address these point and non -point source loadings prior to developing the corrective action plan stipulated in Paragraph 13.9 NCDENR 13.10 Regional Water Quality Issues — If at any time during the term of the New License, the Licensee believes that its inability to comply On -going Keith Finley with any terms or conditions of any 401 Water Quality Certification is not attributable to the Licensee's operations or is attributable to keith.finley @duke - energy.com increased waste loadings (compared to waste loadings present at the time of Project equipment installation) from point or non -point sources, then the Licensee may provide data to NCDWQ and /or SCDHEC as appropriate to (i) help determine whether it is the Licensee's operations or other sources that are causing the Licensee's inability to comply and /or (ii) support any TMDL proceeding or other corrective actions to address these point and non -point source loadings prior to developing the corrective action plan stipulated in Paragraph 13.9 Facility Exclusion Zones — The Parties acknowledge that the Licensee, the North Carolina Wildlife Resources Commission Licensee 14.1 Complete Travis Sinclair (NCWRC) and the South Carolina Department of Natural Resources (SCDNR) will jointly evaluate each of the Project dams and travis.sinclair @duke - energy.com powerhouses to consider the user safety and Project security issues associated with public use of the area in the immediate vicinity of these structures (i.e., within 300 feet upstream or downstream). The evaluation will determine where suitable exclusion zones within all or a portion of this area at each location can be developed to improve recreation safety and security of Project structures in a manner that is acceptable to the NCWRC and SCDNR. The Licensee, NCWRC, and SCDNR shall work cooperatively to complete this evaluation by September 1, 2007 and to implement any mutually agreeable exclusion zones by August 31, 2008. The Licensee will also incorporate any necessary changes to its FERC Public Safety Plans to implement these exclusion zones along with revisions required under Paragraph 8.11.5 CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC 14.1 Facility Exclusion Zones — The Parties acknowledge that the Licensee, the North Carolina Wildlife Resources Commission Complete Travis Sinclair (NCWRC) and the South Carolina Department of Natural Resources (SCDNR) will jointly evaluate each of the Project dams and travis.sinclair @duke - energy.com powerhouses to consider the user safety and Project security issues associated with public use of the area in the immediate vicinity of these structures (i.e., within 300 feet upstream or downstream). The evaluation will determine where suitable exclusion zones within all or a portion of this area at each location can be developed to improve recreation safety and security of Project structures in a manner that is acceptable to the NCWRC and SCDNR. The Licensee, NCWRC, and SCDNR shall work cooperatively to complete this evaluation by September 1, 2007 and to implement any mutually agreeable exclusion zones by August 31, 2008. The Licensee will also incorporate any necessary changes to its FERC Public Safety Plans to implement these exclusion zones along with revisions required under Paragraph 8.11.5 SCDNR 14.1 Facility Exclusion Zones — The Parties acknowledge that the Licensee, NCWRC and the SCDNR will jointly evaluate each of the Complete Travis Sinclair Project dams and powerhouses to consider the user safety and Project security issues associated with public use of the area in the travis.sinclair @duke - energy.com immediate vicinity of these structures (i.e., within 300 feet upstream or downstream). The evaluation will determine where suitable exclusion zones within all or a portion of this area at each location can be developed to improve recreation safety and security of Project structures in a manner that is acceptable to the NCWRC and SCDNR. The Licensee, NCWRC, and SCDNR shall work cooperatively to complete this evaluation by September 1, 2007 and to implement any mutually agreeable exclusion zones by August 31, 2008. The Licensee will also incorporate any necessary changes to its FERC Public Safety Plans to implement these exclusion zones along with revisions required under Paragraph 8.11.5. Licensee 14.2.1 Additional HEP Contributions — Provided that: (i) the NCWRC and /or the SCDNR are Parties to this Agreement and (ii) the existing 118 months post- Alan Stuart Habitat Enhancement Program (HEP) Memorandum of Agreement (MCA) is extended without material modification in North license alan.stuart@duke - energy.com Carolina and /or South Carolina to cover the term of the New License, then within 18 months following the issuance of the New License and the closure of all rehearing and administrative challenge periods, the Licensee shall provide one -time contributions of $1 million each to North Carolina's and /or South Carolina's Habitat Enhancement Funds to support the protection, enhancement and creation of fish and wildlife habitat as part of the HEP. This funding may be used for activities as described in the HEP MCA at: (i) all Project reservoirs and on all lands and waters that are contiguous with the FERC Project Boundaries; (ii) bypassed stream reaches; and (iii) the Regulated River Reaches within the Catawba - Wateree River Basin. This funding contribution from the Licensee is in addition to the $80,000 /yr per State that the Licensee is contributing to the HEP through and ending in 2009 and is in addition to HEP funds that may be collected from lake -use permit applicants or from other sources. Each State may use a portion of the Licensee's planned additional funding contribution to the HEP to support long -term management of the conservation easements established as part of this Agreement and /or to add to the land conservation support noted in Section 14.5 if the lead HEP agency in that State (i.e., the NCWRC or SCDNR) agrees. The lead HEP agency shall notify the Licensee by letter of its intent to pursue this option for alternative use of the Licensee's HEP funding contribution, along with the details of its choice, within six months following the FERC's issuance of the New License, so the Licensee can ensure that the correct funding amounts are provided to each State's HEP fund and land conservation support effort CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC 14.2.1 Additional HEP Contributions — Provided that: (i) the NCWRC and /or the SCDNR are Parties to this Agreement and (ii) the existing 18 months post- Alan Stuart Habitat Enhancement Program (HEP) Memorandum of Agreement (MOA) is extended without material modification in North license alan.stuart@duke - energy.com Carolina and /or South Carolina to cover the term of the New License, then within 18 months following the issuance of the New License and the closure of all rehearing and administrative challenge periods, the Licensee shall provide one -time contributions of $1 million each to North Carolina's and /or South Carolina's Habitat Enhancement Funds to support the protection, enhancement and creation of fish and wildlife habitat as part of the HEP. This funding may be used for activities as described in the HEP MOA at: (i) all Project reservoirs and on all lands and waters that are contiguous with the FERC Project Boundaries; (ii) bypassed stream reaches; and (iii) the Regulated River Reaches within the Catawba - Wateree River Basin. This funding contribution from the Licensee is in addition to the $80,000 /yr per State that the Licensee is contributing to the HEP through and ending in 2009 and is in addition to HEP funds that may be collected from lake -use permit applicants or from other sources. Each State may use a portion of the Licensee's planned additional funding contribution to the HEP to support long -term management of the conservation easements established as part of this Agreement and /or to add to the land conservation support noted in Section 14.5 if the lead HEP agency in that State (i.e., the NCWRC or SCDNR) agrees. The lead HEP agency shall notify the Licensee by letter of its intent to pursue this option for alternative use of the Licensee's HEP funding contribution, along with the details of its choice, within six months following the FERC's issuance of the New License, so the Licensee can ensure that the correct funding amounts are provided to each State's HEP fund and land conservation support effort Additional HEP Contributions — Provided that: (i) the NCWRC and /or the SCDNR are Parties to this Agreement and (ii) the existing 6 months post- SCDNR 14.2.1 Alan Stuart Habitat Enhancement Program (HEP) Memorandum of Agreement (MOA) is extended without material modification in North license alan.stuart@duke - energy.com Carolina and /or South Carolina to cover the term of the New License, then within 18 months following the issuance of the New License and the closure of all rehearing and administrative challenge periods, the Licensee shall provide one -time contributions of $1 million each to North Carolina's and /or South Carolina's Habitat Enhancement Funds to support the protection, enhancement and creation of fish and wildlife habitat as part of the HEP. This funding may be used for activities as described in the HEP MCA at: (i) alll Project reservoirs and on all lands and waters that are contiguous with the FERC Project Boundaries; (ii) bypassed stream reaches; and (iii) the Regulated River Reaches within the Catawba - Wateree River Basin. This funding is in addition to HEP funds that may be collected from lake -use permit applicants or from other sources. Each State may use a portion of the Licensee's planned additional funding contribution to the HEP to support long -term management of the conservation easements established as part of this Agreement and /or to add to the land conservation support noted in Section 14.5 if the lead HEP agency in that State (i.e., the NCWRC or SCDNR) agrees. The lead HEP agency shall notify the Licensee by letter of its intent to pursue this option for alternative use of the Licensee's HEP funding contribution, along with the details of its choice, within six months following the FERC's issuance of the New License, so the Licensee can ensure that the correct funding amounts are provided to each State's HEP fund and land conservation support effort. Licensee 14.3.1 Annual Clean -up Event — Beginning in the first full calendar year following issuance of the New License and the closure of all Annual Ken Manuel rehearing and administrative challenge periods and continuing for the term of the New License, the Licensee shall support an annual ken.manuel @duke - energy.com litter clean -up on the Catawba - Wateree Project reservoirs, islands and Licensee -owned public access areas. This annual clean -up may also include Licensee - selected portions of the Regulated River Reaches or bypassed reaches. The Licensee's support will consist of: (i) providing $10,000 per year to a North Carolina organization and $10,000 per year to a South Carolina organization to support clean -up events (e.g., Big Sweep) organized by that organization; and, (ii) removing trash and debris the following week that is deposited during the annual clean -up event at Licensee -owned public access areas that are pre- approved by the Licensee as trash collection points CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR 14.3.1 Annual Clean -up Event — Beginning in the first full calendar year following issuance of the New License and the closure of all Annual Ken Manuel rehearing and administrative challenge periods and continuing for the term of the New License, the Licensee shall support an annual ken.manuel @duke - energy.com litter clean -up on the Catawba - Wateree Project reservoirs, islands and Licensee -owned public access areas. This annual clean -up may also include Licensee - selected portions of the Regulated River Reaches or bypassed reaches. The Licensee's support will consist of: (i) providing $10,000 per year to a North Carolina organization and $10,000 per year to a South Carolina organization to support clean -up events (e.g., Big Sweep) organized by that organization; and, (ii) removing trash and debris the following week that is deposited during the annual clean -up event at Licensee -owned public access areas that are pre- approved by the Licensee as trash collection points Licensee 14.3.2 Fishing Creek Development — By December 31, 2006 the Licensee shall notify the FERC that it plans to install a trashrake at Fishing Complete Mark Oakley Creek Dam to remove non - biodegradable trash and large woody debris, with the goal of completing installation by December 31, mark.oakley @duke - energy.com 2007. Licensee 14.3.3 Trash /Debris Disposal — During the term of the New License, the Licensee shall ensure that the non - biodegradable trash or woody On -going Mark Oakley debris that it removes from the Project reservoirs, downstream river reaches, islands, and Licensee -owned public access areas is mark.oakley @duke - energy.com disposed of properly, which may include landfill deposition or recycling of non - biodegradable materials or placement of woody debris in areas that prevent the debris from becoming a navigation hazard. Dam operation may continue to include the practice of periodically passing biodegradable debris and non - biodegradable trash through trash gates. The Licensee will adjust this practice to avoid, as much as possible, the passage of such large amounts of debris at any one time as to cause a navigational hazard. Ken Manuel Licensee 14.4 Aquatic Weed Management — For the term of the New License, the Licensee shall continue to work cooperatively with its partners to On -going manage invasive aquatic weeds in Project reservoirs by, among other things, providing invasive aquatic weed management scientificll ken.manuel @duke - energy.com and technical assistance. The Licensee shall assist in the development and shall share in the funding of aquatic weed management strategies approved by appropriate state resource agencies and local governments, which shall include the state aquatic weed management cost -share programs sponsored by the North Carolina Department of Environment and Natural Resources (NCDENR) and the SCDNR. Due to the variability of aquatic weed infestations from year -to -year and reservoir -to- reservoir and the need to adjust the program on a frequent basis, the Parties agree that this Agreement shall not include any proposed License Articles containing actions required to manage aquatic weeds. However, the average long -term level of effort expended by the Licensee during the term of the New License will be similar to that expended by the Licensee during the final 20 years of the term of the Existing License, indexed to account for inflation or deflation pursuant to Section 32.0 Aquatic Weed Management — For the term of the New License, the Licensee shall continue to work cooperatively with its partners to On -going Ken Manuel NCDENR 14.4 manage invasive aquatic weeds in Project reservoirs by, among other things, providing invasive aquatic weed management scientific ken.manuel @duke - energy.com and technical assistance. The Licensee shall assist in the development and shall share in the funding of aquatic weed management strategies approved by appropriate state resource agencies and local governments, which shall include the state aquatic weed management cost -share programs sponsored by the North Carolina Department of Environment and Natural Resources (NCDENR) and the SCDNR. Due to the variability of aquatic weed infestations from year -to -year and reservoir -to- reservoir and the need to adjust the program on a frequent basis, the Parties agree that this Agreement shall not include any proposed License Articles containing actions required to manage aquatic weeds. However, the average long -term level of effort expended by the Licensee during the term of the New License will be similar to that expended by the Licensee during the final 20 years of the term of the Existing License, indexed to account for inflation or deflation pursuant to Section 32.0 CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR 14.4 Aquatic Weed Management — For the term of the New License, the Licensee shall continue to work cooperatively with its partners to On -going Ken Manuel manage invasive aquatic weeds in Project reservoirs by, among other things, providing invasive aquatic weed management scientific ken.manuel @duke - energy.com and technical assistance. The Licensee shall assist in the development and shall share in the funding of aquatic weed management strategies approved by appropriate state resource agencies and local governments, which shall include the state aquatic weed management cost -share programs sponsored by the North Carolina Department of Environment and Natural Resources (NCDENR) and the SCDNR. Due to the variability of aquatic weed infestations from year -to -year and reservoir -to- reservoir and the need to adjust the program on a frequent basis, the Parties agree that this Agreement shall not include any proposed License Articles containing actions required to manage aquatic weeds. However, the average long -term level of effort expended by the Licensee during the term of the New License will be similar to that expended by the Licensee during the final 20 years of the term of the Existing License, indexed to account for inflation or deflation pursuant to Section 32.0 North Carolina — Provided that both the NCWRC and NCDENR are Parties to this Agreement, the Licensee shall provide $4 million Complete Mark Oakley Licensee 14.5.1 to the NCWRC and /or the NCDENR to support the purchase of land in the Catawba - Wateree River Basin for public recreation, mark.oakley @duke - energy.com gamelands and /or compatible permanent conservation. See 14.5.3 for additional requirements. North Carolina — Provided that both the NCWRC and NCDENR are Parties to this Agreement, the Licensee shall provide $4 million Complete NCDENR 14.5.1 Mark Oakley to the NCWRC and /or the NCDENR to support the purchase of land in the Catawba - Wateree River Basin for public recreation, mark.oakley @duke - energy.com gamelands and /or compatible permanent conservation. See 14.5.3 for additional requirements. NCWRC 14.5.1 North Carolina — Provided that both the NCWRC and NCDENR are Parties to this Agreement, the Licensee shall provide $4 million Complete Mark Oakley to the NCWRC and /or the NCDENR to support the purchase of land in the Catawba - Wateree River Basin for public recreation, mark.oakley @duke - energy.com gamelands and /or compatible permanent conservation. See 14.5.3 for additional requirements. Licensee 14.5.2 Complete Mark Oakley South Carolina — Provided that both the SCDNR and the South Carolina Department of Parks, Recreation and Tourism (SCDPRT) mark.oakley @duke - energy.com are Parties to this Agreement, the Licensee shall provide $5.32 million to the SCDNR and /or the SCDPRT to support the purchase of land in the Catawba - Wateree River Basin for public recreation, game management and /or compatible permanent conservation. See 14.5.3 for additional requirements. SCDNR 14.5.2 1Complete Mark Oakley South Carolina — Provided that both the SCDNR and the South Carolina Department of Parks, Recreation and Tourism (SCDPRT) mark.oakley @duke - energy.com are Parties to this Agreement, the Licensee shall provide $5.32 million to the SCDNR and /or the SCDPRT to support the purchase of land in the Catawba - Wateree River Basin for public recreation, game management and /or compatible permanent conservation. See 14.5.3 for additional requirements. SCDPRT 14.5.2 Complete Mark Oakley South Carolina — Provided that both the SCDNR and the South Carolina Department of Parks, Recreation and Tourism (SCDPRT) mark.oakley @duke - energy.com are Parties to this Agreement, the Licensee shall provide $5.32 million to the SCDNR and /or the SCDPRT to support the purchase of land in the Catawba - Wateree River Basin for public recreation, game management and /or compatible permanent conservation. See 14.5.3 for additional requirements. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR 14.5.3.1 The two state agencies in each state shall jointly decide which lands to acquire and shall give consideration to the final report of the Complete Mark Oakley Land Committee and other applicable relicensing study and resource committee reports prior to making their decision on which mark.oakley @duke - energy.com lands to acquire. SCDPRT 14.5.3.1 The two state agencies in each state shall jointly decide which lands to acquire and shall give consideration to the final report of the Complete Mark Oakley Land Committee and other applicable relicensing study and resource committee reports prior to making their decision on which mark.oakley @duke - energy.com lands to acquire. Licensee 14.6.1 14.6.1 Land Conservation in North Carolina — If the term of the New License is 50 years, and provided that both the NCDENR 3 years post- License Mark Oakley and the NCWRC are Parties to this Agreement, the Licensee shall take the following additional actions to support land conservation mark.oakley @duke - energy.com interests within three years following issuance of the New License and the closure of all rehearing and administrative challenge periods: 14.6.1.1 The Licensee shall establish permanent conservation easements on approximately 12.5 total bank miles (approximately 150 total acres) of selected tributaries to the Johns River. These land areas shall not be included in the FERC Project Boundaries. The approximate locations of these areas are identified in Appendix I. The conditions of the conservation easements shall be consistent with Appendix O. 14.6.1.2 The Licensee shall contribute an additional $1.5 million for land conservation to be used as noted above in Section 14.5.1. 14.6.1 Land Conservation in North Carolina — If the term of the New License is 50 years, and provided that both the NCDENR 3 years post- License NCDENR 14.6.1 Mark Oakley and the NCWRC are Parties to this Agreement, the Licensee shall take the following additional actions to support land conservation mark.oakley @duke - energy.com interests within three years following issuance of the New License and the closure of all rehearing and administrative challenge periods: 14.6.1.1 The Licensee shall establish permanent conservation easements on approximately 12.5 total bank miles (approximately 150 total acres) of selected tributaries to the Johns River. These land areas shall not be included in the FERC Project Boundaries. The approximate locations of these areas are identified in Appendix I. The conditions of the conservation easements shall be consistent with Appendix O. 14.6.1.2 The Licensee shall contribute an additional $1.5 million for land conservation to be used as noted above in Section 14.5.1. 14.6.1 Land Conservation in North Carolina — If the term of the New License is 50 years, and provided that both the NCDENR 3 years post - License Mark Oakley NCWRC 14.6.1 and the NCWRC are Parties to this Agreement, the Licensee shall take the following additional actions to support land conservation mark.oakley @duke - energy.com interests within three years following issuance of the New License and the closure of all rehearing and administrative challenge periods: 14.6.1.1 The Licensee shall establish permanent conservation easements on approximately 12.5 total bank miles (approximately 150 total acres) of selected tributaries to the Johns River. These land areas shall not be included in the FERC Project Boundaries. The approximate locations of these areas are identified in Appendix I. The conditions of the conservation easements shall be consistent with Appendix O. 14.6.1.2 The Licensee shall contribute an additional $1.5 million for land conservation to be used as noted above in Section 14.5.1 CRA Party CRA Section CRA Commitment Commitment Date Duke SME Licensee 14.6.2 14.6.2 Land Conservation in South Carolina — If the term of the New License is 50 years, and provided that both the SCDNR 3 years post- License Mark Oakley and the SCDPRT are Parties to this Agreement, the Licensee shall take the following additional actions to support land conservation mark.oakley @duke - energy.com interests within three years following issuance of the New License and the closure of all rehearing and administrative challenge periods: 14.6.2.1 The Licensee shall establish permanent conservation easements on approximately 5.5 total bank miles (approximately 67 total acres) of selected portions of McDowell Creek, Cedar Creek and Rocky Creek and their tributaries, all of which are tributaries to Lake Wateree, with approximate locations identified in Appendix I. These land areas shall not be included in the FERC Project Boundaries. The conditions of the conservation easements shall be consistent with Appendix O. 14.6.2.2 The Licensee shall establish permanent conservation easements, restrictive covenants, or a combination of the two, on the east shoreline of Lake Wateree from the downstream boundary of Cedar Creek Access Area to a point approximately 4.7 shoreline miles (as measured along the full pond contour) downstream. These conservation easements and /or restrictive covenants will provide land conservation support on a corridor extending 100 feet horizontally and upland from the full pond contour (total of approximately 57 acres). These land areas shall not be included in the FERC Project Boundaries. The approximate locations of these areas are identified in Appendix I. The conditions of the conservation easements and /or restrictive covenants shall be consistent with Appendix O. SCDNR 14.6.2 14.6.2 Land Conservation in South Carolina — If the term of the New License is 50 years, and provided that both the SCDNR 13 years post- License Mark Oakley and the SCDPRT are Parties to this Agreement, the Licensee shall take the following additional actions to support land conservation mark.oakley @duke - energy.com interests within three years following issuance of the New License and the closure of all rehearing and administrative challenge periods: 14.6.2.1 The Licensee shall establish permanent conservation easements on approximately 5.5 total bank miles (approximately 67 total acres) of selected portions of McDowell Creek, Cedar Creek and Rocky Creek and their tributaries, all of which are tributaries to Lake Wateree, with approximate locations identified in Appendix I. These land areas shall not be included in the FERC Project Boundaries. The conditions of the conservation easements shall be consistent with Appendix O. 14.6.2.2 The Licensee shall establish permanent conservation easements, restrictive covenants, or a combination of the two, on the east shoreline of Lake Wateree from the downstream boundary of Cedar Creek Access Area to a point approximately 4.7 shoreline miles (as measured along the full pond contour) downstream. These conservation easements and /or restrictive covenants will provide land conservation support on a corridor extending 100 feet horizontally and upland from the full pond contour (total of approximately 57 acres). These land areas shall not be included in the FERC Project Boundaries. The approximate locations of these areas are identified in Appendix I. The conditions of the conservation easements and /or restrictive covenants shall be consistent with Appendix O. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDPRT 14.6.2 14.6.2 Land Conservation in South Carolina — If the term of the New License is 50 years, and provided that both the SCDNR 3 years post- License Mark Oakley and the SCDPRT are Parties to this Agreement, the Licensee shall take the following additional actions to support land conservation mark.oakley @duke - energy.com interests within three years following issuance of the New License and the closure of all rehearing and administrative challenge periods: 14.6.2.1 The Licensee shall establish permanent conservation easements on approximately 5.5 total bank miles (approximately 67 total acres) of selected portions of McDowell Creek, Cedar Creek and Rocky Creek and their tributaries, all of which are tributaries to Lake Wateree, with approximate locations identified in Appendix I. These land areas shall not be included in the FERC Project Boundaries. The conditions of the conservation easements shall be consistent with Appendix O. 14.6.2.2 The Licensee shall establish permanent conservation easements, restrictive covenants, or a combination of the two, on the east shoreline of Lake Wateree from the downstream boundary of Cedar Creek Access Area to a point approximately 4.7 shoreline miles (as measured along the full pond contour) downstream. These conservation easements and /or restrictive covenants will provide land conservation support on a corridor extending 100 feet horizontally and upland from the full pond contour (total of approximately 57 acres). These land areas shall not be included in the FERC Project Boundaries. The approximate locations of these areas are identified in Appendix I. The conditions of the conservation easements and /or restrictive covenants shall be consistent with Appendix O. Licensee 14.6.3.6 Provided that all of the following conditions are met, the Licensee shall modify Wateree Dam to improve its ability to manage TBD Mark Oakley flooding events by removing a portion of the existing concrete from the dam's crest and installing a bladder dam (similar in concept mark.oakley @duke - energy.com to the Bridgestone Rubber Dam Option evaluated in the Wateree High Water Level Management Study (Operations 08) conducted during the relicensing process) along the dam's spillway, such bladder dam of sufficient height and length to provide approximately 10,000 cfs flow release capacity with the reservoir at full pond elevation. Community Partnerships — Both the LWA and WHOA shall actively assist the Licensee during the period beginning approximately 10 years post- Mark Oakley LWA 14.6.3.6 (4) 18 months prior to the start of construction and continuing until approximately one year following construction completion to gain license mark.oakley @duke - energy.com support from the lake community and to help minimize the impact of the construction project on the people and resources that depend on Lake Wateree. This assistance includes in -kind services to be provided by the LWA and WHOA to support activities such as... WHOA 14.6.3.6 (4) Community Partnerships — Both the LWA and WHOA shall actively assist the Licensee during the period beginning approximately 10 years post- Mark Oakley 18 months prior to the start of construction and continuing until approximately one year following construction completion to gain license mark.oakley @duke - energy.com support from the lake community and to help minimize the impact of the construction project on the people and resources that depend on Lake Wateree. This assistance includes in -kind services to be provided by the LWA and WHOA to support activities such as... CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee 14.6.4.1 Redirecting of Resources — Section 14.6.3 provides specific conditions that are required before the Licensee will make flood 10 years post- Mark Oakley management improvements to Wateree Dam. If (i) no structural flood management improvements beyond those identified in this license mark.oakley @duke - energy.com Agreement or those requirements that may arise as a result of the FERC's ongoing dam safety program are required at Project developments; and, (ii) the flood management improvements to Wateree Dam do not occur, then the Licensee shall contribute a total of $4 million to be divided between the Habitat Enhancement Program (HEP) fund identified in Section 14.2 and the Water Management Group (WMG) fund identified in Section 5.10 as outlined below. Provided that the NCWRC and /or the SCDNR are Parties to this Agreement and the existing HEP MOA in North Carolina and /or South Carolina is extended materially as -is for the term of the New License as noted in Paragraph 14.2.1, the Licensee shall contribute $1 million to each applicable State's HEP fund. The Licensee shall consult with the Final Agreement Committee (see Section 26.0) as well as with the decision - making boards of the HEP and WMG, prior to deciding, in its sole discretion, how to distribute the remainder of the $4 million between the HEP fund and the WMG fund. This additional funding from the Licensee, $4 million in total, will be contributed to the selected fund(s) between the ninth and twelfth full calendar years following the issuance of the New License and the closure of all rehearing and administrative challenge periods. The Licensee reserves the ability to target its funding for specific initiatives that are within the scope of the HEP and /or WMG charters NCWRC 14.6.4.1 Redirecting of Resources — Section 14.6.3 provides specific conditions that are required before the Licensee will make flood 10 years post- Mark Oakley management improvements to Wateree Dam. If (i) no structural flood management improvements beyond those identified in this license mark.oakley @duke - energy.com Agreement or those requirements that may arise as a result of the FERC's ongoing dam safety program are required at Project developments; and, (ii) the flood management improvements to Wateree Dam do not occur, then the Licensee shall contribute a total of $4 million to be divided between the Habitat Enhancement Program (HEP) fund identified in Section 14.2 and the Water Management Group (WMG) fund identified in Section 5.10 as outlined below. Provided that the NCWRC and /or the SCDNR are Parties to this Agreement and the existing HEP MOA in North Carolina and /or South Carolina is extended materially as -is for the term of the New License as noted in Paragraph 14.2.1, the Licensee shall contribute $1 million to each applicable State's HEP fund. The Licensee shall consult with the Final Agreement Committee (see Section 26.0) as well as with the decision - making boards of the HEP and WMG, prior to deciding, in its sole discretion, how to distribute the remainder of the $4 million between the HEP fund and the WMG fund. This additional funding from the Licensee, $4 million in total, will be contributed to the selected fund(s) between the ninth and twelfth full calendar years following the issuance of the New License and the closure of all rehearing and administrative challenge periods. The Licensee reserves the ability to target its funding for specific initiatives that are within the scope of the HEP and /or WMG charters Redirecting of Resources — Section 14.6.3 provides specific conditions that are required before the Licensee will make flood 10 years post- SCDNR 14.6.4.1 Mark Oakley management improvements to Wateree Dam. If (i) no structural flood management improvements beyond those identified in this license mark.oakley @duke - energy.com Agreement or those requirements that may arise as a result of the FERC's ongoing dam safety program are required at Project developments; and, (ii) the flood management improvements to Wateree Dam do not occur, then the Licensee shall contribute a total of $4 million to be divided between the Habitat Enhancement Program (HEP) fund identified in Section 14.2 and the Water Management Group (WMG) fund identified in Section 5.10 as outlined below. Provided that the NCWRC and /or the SCDNR are Parties to this Agreement and the existing HEP MOA in North Carolina and /or South Carolina is extended materially as -is for the term of the New License as noted in Paragraph 14.2.1, the Licensee shall contribute $1 million to each applicable State's HEP fund. The Licensee shall consult with the Final Agreement Committee (see Section 26.0) as well as with the decision - making boards of the HEP and WMG, prior to deciding, in its sole discretion, how to distribute the remainder of the $4 million between the HEP fund and the WMG fund. This additional funding from the Licensee, $4 million in total, will be contributed to the selected fund(s) between the ninth and twelfth full calendar years following the issuance of the New License and the closure of all rehearing and administrative challenge periods. The Licensee reserves the ability to target its funding for specific initiatives that are within the scope of the HEP and /or WMG charters CRA Party CRA CRA Commitment Commitment Date Duke SME Section WMG 14.6.4.1 Redirecting of Resources — Section 14.6.3 provides specific conditions that are required before the Licensee will make flood 10 years post- Mark Oakley management improvements to Wateree Dam. If (i) no structural flood management improvements beyond those identified in this license mark.oakley @duke - energy.com Agreement or those requirements that may arise as a result of the FERC's ongoing dam safety program are required at Project developments; and, (ii) the flood management improvements to Wateree Dam do not occur, then the Licensee shall contribute a total of $4 million to be divided between the Habitat Enhancement Program (HEP) fund identified in Section 14.2 and the Water Management Group (WMG) fund identified in Section 5.10 as outlined below. Provided that the NCWRC and /or the SCDNR are Parties to this Agreement and the existing HEP MOA in North Carolina and /or South Carolina is extended materially as -is for the term of the New License as noted in Paragraph 14.2.1, the Licensee shall contribute $1 million to each applicable State's HEP fund. The Licensee shall consult with the Final Agreement Committee (see Section 26.0) as well as with the decision - making boards of the HEP and WMG, prior to deciding, in its sole discretion, how to distribute the remainder of the $4 million between the HEP fund and the WMG fund. This additional funding from the Licensee, $4 million in total, will be contributed to the selected fund(s) between the ninth and twelfth full calendar years following the issuance of the New License and the closure of all rehearing and administrative challenge periods. The Licensee reserves the ability to target its funding for specific initiatives that are within the scope of the HEP and /or WMG charters The Parties, except for the North Carolina Department of Environment and Natural Resources (NCDENR), agree that the Licensee On -going Licensee 15.2 Keith Finley shall include the Water Quality Monitoring Plan (WQMP) (see Appendix F) with its applications for 401 Water Quality Certifications keith.finley @duke - energy.com as the recommended compliance monitoring plan. The Parties further agree that, if the NCDENR, South Carolina Department of Health and Environmental Control (SCDHEC), and the Licensee concur that any revised WQMP is an improvement to and not inconsistent with the current WQMP and the terms of this Agreement, the Licensee will provide notice to all Parties, and any such revised WQMP will automatically become incorporated as a term of this Agreement In accordance with the proposed Water Quality Monitoring Plan License Article, and beginning on the effective date of the New Licensee 15.3 Complete Mark Oakley License for the Project, except as otherwise established by law, including any Commission or judicial order, the Licensee shall file mark.oakley @duke - energy.com the WQMP, supplemented with any engineering and construction details the Licensee determines are needed, with the FERC for approval. The Parties acknowledge that the Licensee shall not begin implementation of the WQMP until the FERC has approved the WQMP. DMAG 15.6.1 The Parties agree that the Water Management Group (WMG) (see Appendix N) and the Catawba - Wateree Drought Management Complete Ed Bruce Advisory Group (CW -DMAG) (see Appendix C) will jointly develop a groundwater monitoring plan by December 31, 2007 for ed.bruce @duke - energy.com inclusion in the Low Inflow Protocol (see Appendix C). The Parties agree that the Water Management Group may fund or partially fund the installation cost of up to seven new groundwater monitoring wells to be identified in the groundwater monitoring plan in Year 2009 through Year 2012 and, once installed, the WMG shall fund, for the term of the New License, the annual maintenance cost of these wells plus the three existing wells. The Parties agree that the location of the new groundwater monitoring wells will be determined by the CW -DMAG (see Appendix C). A list of the three existing groundwater monitoring wells, by location, is provided in Appendix C (Low Inflow Protocol) along with placeholders for up to seven new wells to be installed. A summary of existing and proposed groundwater monitoring wells, as well as streamflow gages, project reservoir monitors, project flow monitors, and water quality monitors, is included in Appendix M (Flow, Groundwater, and Water Quality Monitoring Summary). The Parties agree that changes to the locations or the number of groundwater monitoring wells, as determined by the CW -DMAG, will not constitute or require modification of this Agreement. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Large Water Intake 15.6.1 The Parties agree that the Water Management Group (WMG) (see Appendix N) and the Catawba - Wateree Drought Management Complete Ed Bruce Owners Advisory Group (CW -DMAG) (see Appendix C) will jointly develop a groundwater monitoring plan by December 31, 2007 for ed.bruce @duke - energy.com inclusion in the Low Inflow Protocol (see Appendix C). The Parties agree that the Water Management Group may fund or partially fund the installation cost of up to seven new groundwater monitoring wells to be identified in the groundwater monitoring plan in Year 2009 through Year 2012 and, once installed, the WMG shall fund, for the term of the New License, the annual maintenance cost of these wells plus the three existing wells. The Parties agree that the location of the new groundwater monitoring wells will be determined by the CW -DMAG (see Appendix C). A list of the three existing groundwater monitoring wells, by location, is provided in Appendix C (Low Inflow Protocol) along with placeholders for up to seven new wells to be installed. A summary of existing and proposed groundwater monitoring wells, as well as streamflow gages, project reservoir monitors, project flow monitors, and water quality monitors, is included in Appendix M (Flow, Groundwater, and Water Quality Monitoring Summary). The Parties agree that changes to the locations or the number of groundwater monitoring wells, as determined by the CW -DMAG, will not constitute or require modification of this Agreement. The Parties agree that the Water Management Group (WMG) (see Appendix N) and the Catawba - Wateree Drought Management WMG 15.6.1 Complete Ed Bruce Advisory Group (CW -DMAG) (see Appendix C) will jointly develop a groundwater monitoring plan by December 31, 2007 for ed.bruce @duke - energy.com inclusion in the Low Inflow Protocol (see Appendix C). The Parties agree that the Water Management Group may fund or partially fund the installation cost of up to seven new groundwater monitoring wells to be identified in the groundwater monitoring plan in Year 2009 through Year 2012 and, once installed, the WMG shall fund, for the term of the New License, the annual maintenance cost of these wells plus the three existing wells. The Parties agree that the location of the new groundwater monitoring wells will be determined by the CW -DMAG (see Appendix C). A list of the three existing groundwater monitoring wells, by location, is provided in Appendix C (Low Inflow Protocol) along with placeholders for up to seven new wells to be installed. A summary of existing and proposed groundwater monitoring wells, as well as streamflow gages, project reservoir monitors, project flow monitors, and water quality monitors, is included in Appendix M (Flow, Groundwater, and Water Quality Monitoring Summary). The Parties agree that changes to the locations or the number of groundwater monitoring wells, as determined by the CW -DMAG, will not constitute or require modification of this Agreement. Except as allowed by Section 19.0, no Party may request or advocate, during the period of this relicensing prior to the FERC's Mark Oakley Parties 20.1.2 On -going issuance of the New License and the closure of all rehearing and administrative challenge periods, by any activity, including but not mark.oakley @duke - energy.com limited to, intervention, filing comments with the FERC or any other agency, participating in public hearings or meetings, communicating with the media or in any public forum, encouraging, coaching or funding non- Parties to this Agreement, concurring with comments filed with the FERC or any agency, and communicating with or lobbying state or federal officials, any New License requirements that would, if adopted by the FERC, be an Inconsistent Act; provided however, that this prohibition does not prohibit any Party from being a dues paying member of, or making charitable contributions or donations to, any organization, unless that organization's primary purpose is the advocacy of conditions that would, if adopted by the FERC, result in an Inconsistent Act. Parties 20.1.3 Except as allowed by Section 19.0, no Party may request or advocate, during the period of this relicensing prior to the FERC's On -going Mark Oakley issuance of the New License and the closure of all rehearing and administrative challenge periods, by any activity, including but not mark.oakley @duke - energy.com limited to, intervention, filing comments with the FERC or any other agency, participating in public hearings or meetings, communicating with the media or in any public forum, encouraging, coaching or funding non - Parties to this Agreement, concurring with comments filed with the FERC or any agency, and communicating with or lobbying state or federal officials, New License reopeners of any kind beyond those that are included in the FERC's standard Form L for hydro projects of this size; provided however, that this prohibition does not prohibit any Party from being a dues paying member of, or making charitable contributions or donations to, any organization, unless that organization's primary purpose is the advocacy of New License reopeners. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Parties 20.1.4 If, during the FERC's licensing process for developing the New License (such as upon issuance of any preliminary draft On -going Mark Oakley recommendations, prescriptions or conditions under Sections 18 and 100) of the Federal Power Act, or draft Biological Opinion mark.oakley @duke - energy.com under the Endangered Species Act or from a draft Environmental Assessment or Environmental Impact Statement), a Party learns that the FERC is considering imposing in the New License a requirement that, if imposed, would result in an Inconsistent Act, and that Party wishes either to (i) support that requirement and not be restricted by the terms in Paragraphs 20.1.2 or 20.1.3 and /or (ii) address the potential Inconsistent Act by rebalancing the bargained -for benefits, burdens, costs or risks and modifying this Agreement, then that Party may notify the Parties, pursuant to Section 29.0, that it wishes to support the requirement and modify this Agreement. Licensee 20.2.6 On -going Mark Oakley Pursuant to a consensus recommendation by the FAC to modify this Agreement, and after having completed the modification mark.oakley @duke - energy.com pursuant to Section 24.0, to address the potential 401 Water Quality Certification requirement, the Licensee shall promptly file the Modified Agreement with the NCDWQ, SCDHEC and the FERC, and any Party may support the modified terms and conditions in the Modified Agreement during the process for developing the 401 Water Quality Certifications However, if this Agreement is not modified, then no Party shall support the proposed 401 Water Quality Certification requirement. Parties 21.1.1 If any Party believes that the actions of a Jurisdictional Body, through the imposition of a requirement or the failure to impose any On -going Mark Oakley requirement on the Licensee, has resulted in an Inconsistent Act, the Party may notify the Parties. mark.oakley @duke - energy.com Licensee 21.1.1.1 If notice is given pursuant to Paragraph 21.1.1 the Licensee shall convene a meeting of all Parties to: (i) determine by consensus a On -going Mark Oakley course of action to acceptably rebalance and modify this Agreement; (ii) if agreed upon, and in coordination with other Parties as mark.oakley @duke - energy.com appropriate, work with the FERC and any appropriate Jurisdictional Body to pursue an alternative to the Inconsistent Act that is acceptable to all Parties and to the FERC and the Jurisdictional Body(ies); (iii) notify the Parties, pursuant to Section 29.0, to explain any proposed rebalancing; and (iv) in coordination with other Parties, as appropriate, take such other actions as the Parties may agree upon to address the Inconsistent Act. If requested by any Party, mediation as described in Paragraph 31.2 may be used to help reach consensus. Licensee 21.1.2 If the Parties modify this Agreement, pursuant to Section 24.0, to address the Inconsistent Act, the Licensee shall promptly file the On -going Mark Oakley Modified Agreement with the FERC, and any Party may take actions, such as submitting comments, consistent with the Modified mark.oakley @duke - energy.com Agreement. However, if any Party does not support a modification of this Agreement to address the Inconsistent Act, then no Party may support the Inconsistent Act, and the Parties shall not modify this Agreement. Parties 21.1.2 If the Parties modify this Agreement, pursuant to Section 24.0, to address the Inconsistent Act, the Licensee shall promptly file the On -going Mark Oakley Modified Agreement with the FERC, and any Party may take actions, such as submitting comments, consistent with the Modified mark.oakley @duke - energy.com Agreement. However, if any Party does not support a modification of this Agreement to address the Inconsistent Act, then no Party may support the Inconsistent Act, and the Parties shall not modify this Agreement. Parties 22.1 A Party may initiate or maintain an action (e.g., administrative or judicial review), to amend an Inconsistent Act imposed by a On -going Mark Oakley Jurisdictional Body if the Party is substantially negatively affected by the Inconsistent Act and the Inconsistent Act conflicts with this mark.oakley @duke - energy.com Agreement. Because this Agreement itself is legally enforceable, the omission of any proposed License Article from any authorization (including the New License and any Water Quality Certifications), notwithstanding Paragraph 21.1.1, shall not, by itself, be deemed an Inconsistent Act that conflicts with this Agreement, but any Party may petition the issuing agency to include such Article in such authorization and may exhaust such administrative and related judicial processes. Conversely, the inclusion of any requirement of this Agreement in any authorization (including the New License and any Water Quality Certifications) shall not, by itself, be deemed an Inconsistent Act that conflicts with this Agreement, but any Party may petition the issuing agency to exclude such Article in such authorization and may exhaust such administrative and related judicial processes. No Party except the relevant Jurisdictional Body may oppose another Party's action pursuant to this Paragraph 22.1. Parties 22.2 No Party will seek to use its status as a Party to this Agreement to establish standing or aggrieved -party status to challenge any On -going Mark Oakley action of any governmental agency that is also a Party to this Agreement when that governmental agency's actions are pursuant to mark.oakley @duke - energy.com fulfilling its statutory duties. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Parties 22.3 If after exhausting any legal reviews initiated pursuant to Paragraph 22.1 any Party still believes that the Jurisdictional Body's action On -going Mark Oakley or omission is an Inconsistent Act and that it is substantially negatively affected by the Inconsistent Act, then that Party may initiate mark.oakley @duke - energy.com withdrawal pursuant to Section 27.0 by giving notice of its intent to withdraw from this Agreement pursuant to Section 29.0. No Party may give Notice of Intent to Withdraw until all administrative and judicial challenges regarding the issue over which the Party intends to withdraw have been finally resolved and until all time periods for further administrative or judicial review have expired when that governmental agency' actions are pursuant to fulfilling its statutory duties. If any Party is alleged by any other Party to be in breach of this Agreement, the Party alleging the breach shall immediately notify, Parties 23.1 On -going Mark Oakley pursuant to Section 29.0, all Parties of the alleged breach and shall consult with the allegedly breaching Party to discuss the breach mark.oakley @duke - energy.com and to reach a resolution satisfactory to all Parties. To allow for consultation, no Party may seek relief from a court or any other forum, including the FERC, concerning the alleged breach until sixty days have elapsed following the notice required in the preceding sentence, except that a Party may seek relief prior to the passing of the sixty days if the Party's rights would be prejudiced by such delay. Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial Burke County, NC 26.1.1 6 months post- Mark Oakley membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership Carolina Canoe Club 26.1.1 Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 6 months post- Mark Oakley membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership CRA Party CRA CRA Commitment Commitment Date Duke SME Section Centralina COG 26.1.1 Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 6 months post- Mark Oakley membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership Charlotte, NC 26.1.1 Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 6 months post- Mark Oakley membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 6 months post- Mark Oakley CWRC 26.1.1 membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership CRA Party CRA CRA Commitment Commitment Date Duke SME Section LWA 26.1.1 Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 6 months post- Mark Oakley membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership NCDENR 26.1.1 Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 6 months post- Mark Oakley membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 6 months post- Mark Oakley NCWRC 26.1.1 membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR 26.1.1 Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 180 days post- Mark Oakley membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: NCDENR, NCWRC, SCDPRT, SCDNR, City of Charlotte,Burke County, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long- term membership. SCDPRT 26.1.1 Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 6 months post- Mark Oakley membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership Union - Lancaster 26.1.1 Initial Membership — The Parties shall create a Final Agreement Committee (FAC) on the effective date of this Agreement. The initial 6 months post- Mark Oakley Water Plant membership of the FAC shall include the members of the Final Agreement Conversion Committee (FACC), originally nominated license mark.oakley @duke - energy.com during the relicensing process to coordinate the efforts to convert the first draft Final Agreement into the signature copy of this Agreement. The following 12 organizations will constitute the FAC's initial membership, except that any listed organization that (i) is not a Party to this Agreement; (ii) chooses not to participate in the FAC; or (iii) ceases to exist will not be a FAC member, and that organization's seat will be eliminated or filled by another appropriate Party as agreed to by the FAC: North Carolina Department of Environment and Natural Resources, North Carolina Wildlife Resources Commission, South Carolina Department of Parks, Recreation and Tourism, South Carolina Department of Natural Resources, City of Charlotte, NC, Burke County, NC, Union - Lancaster Catawba River Water Plant, Centralina Council of Governments, Carolina Canoe Club, Lake Wateree Association, Catawba - Wateree Relicensing Coalition, and the Licensee. The initial FAC members shall develop a charter and membership rotation schedule with staggered terms to afford a smooth transition from the initial FAC membership to the long -term membership described in Paragraph 26.1.2. The initial FAC members will serve until 180 days following the FERC's issuance of the New License or longer if needed to complete the transition to the long -term membership CRA Party CRA CRA Commitment Commitment Date Duke SME Section CIN 26.1.2 6 months post- Mark Oakley Long -term Membership — 180 days following the FERC's issuance of the New License, or at a later date if needed for a smooth license mark.oakley @duke - energy.com transition, the initial membership of the FAC shall be replaced with the Long -term Membership. This replacement shall be in accordance with the charter and membership rotation schedule developed by the initial FAC members. Long -term Membership of the FAC shall include no more than 13 Parties to this Agreement and shall include two permanent members: the Licensee and the Catawba Indian Nation (CIN) (provided the CIN is a Party and desires to be a FAC member). The remaining 11 membership seats will be for two -year terms and are assigned as follows: (i) one seat to a North Carolina state agency; (ii) one seat to a South Carolina state agency; (iii) two seats total for North Carolina counties, municipalities, or councils of government, with consideration given to geographic diversity; (iv) two seats total for South Carolina counties, municipalities, or councils of government, with consideration given to geographic diversity; (v) one seat to a Large Water Intake owner that supplies a North Carolina public water system; (vi) one seat to a Large Water Intake owner that supplies a South Carolina public water system; (vii) one seat to a water - dependent business, marine commission, conservation district; (viii) one seat to a non - governmental organization, and (ix) one seat to either (a) a non - governmental organization or (b) a water - dependent business, marine commission, conservation district. Initial terms may vary from one to three years to implement the staggered two -year term rotation. Long -term Membership — 180 days following the FERC's issuance of the New License, or at a later date if needed for a smooth 6 months post- Parties 26.1.2 Mark Oakley transition, the initial membership of the FAC shall be replaced with the Long -term Membership. This replacement shall be in license mark.oakley @duke - energy.com accordance with the charter and membership rotation schedule developed by the initial FAC members. Long -term Membership of the FAC shall include no more than 13 Parties to this Agreement and shall include two permanent members: the Licensee and the Catawba Indian Nation (CIN) (provided the CIN is a Party and desires to be a FAC member). The remaining 11 membership seats will be for two -year terms and are assigned as follows: (i) one seat to a North Carolina state agency; (ii) one seat to a South Carolina state agency; (iii) two seats total for North Carolina counties, municipalities, or councils of government, with consideration given to geographic diversity; (iv) two seats total for South Carolina counties, municipalities, or councils of government, with consideration given to geographic diversity; (v) one seat to a Large Water Intake owner that supplies a North Carolina public water system; (vi) one seat to a Large Water Intake owner that supplies a South Carolina public water system; (vii) one seat to a water- dependent business, marine commission, conservation district; (viii) one seat to a non - governmental organization, and (ix) one seat to either (a) a non - governmental organization or (b) a water- dependent business, marine commission, conservation district. Initial terms may vary from one to three years to implement the staggered two -year term rotation. Licensed Project Cessation..... On -going Mark Oakley Licensee 30 Any Party alleging a dispute shall notify the Licensee. The Licensee shall notify all Parties pursuant to Section 29.0 and shall give On -going mark.oakley @duke - energy.com Mark Oakley Licensee 31.1.1.1 notice of at least 15 days of a meeting in an effort to resolve the dispute. The Party alleging a dispute and each Party that attends mark.oakley @duke - energy.com such meeting or notifies all other Parties pursuant to Section 29.0 of the Party's interest in the resolution of the alleged dispute shall be considered to be an Interested Party. The meeting notice shall describe the dispute and shall provide the time and location of the meeting. All Parties agree to engage in good -faith negotiations to resolve the dispute for a period of at least 45 days ( "Consultation Period ") from the date of notice provided by the Party alleging a dispute in an effort to resolve the dispute; except that, in emergency situations, or if required to preclude the running of any applicable limitations period, an Interested Party may, for good cause, seek relief prior to the expiration of the 45 -day period. Licensee App Al (A) Reservoir Elevations — Within 60 days following the issuance of this license, to protect and enhance the Project's values that 60 days post - license George Galleher Reservoir may be affected by reservoir level fluctuations, the Licensee shall maintain the elevations of the Project reservoirs between the george.galleher @duke - energy.com Elevations Normal Minimum and Normal Maximum Elevations indicated in the tables below and shall endeavor in good faith to achieve the Normal Target Elevations in the tables. All elevations in the tables below are relative to the top of the dam (including floodgates and flashboards where applicable) with 100.0 ft. = Full Pond Elevation. The elevations included in the tables are for the first day of the given month; elevations for other days of the month are determined by linear interpolation.... CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC App Al (A) Within 60 days following the issuance of this license, the Licensee shall, in consultation with the North Carolina Wildlife 60 days post - license George Galleher Spring Resources Commission and the South Carolina Department of Natural Resources, implement a Spring Reservoir Level Stabilization george.galleher @duke - energy.com Reservoir Program to promote fish spawning at Lake James, Lake Norman, Lake Wylie and Lake Wateree. This program shall consist of the Level following elements: Stabilization (A) Within 60 days following the issuance of this license, the Licensee shall, in consultation with the North Carolina Wildlife George Galleher SCDNR App Al 60 days post - license Spring Resources Commission and the South Carolina Department of Natural Resources, implement a Spring Reservoir Level Stabilization george.galleher @duke - energy.com Reservoir Program to promote fish spawning at Lake James, Lake Norman, Lake Wylie and Lake Wateree. This program shall consist of the Level following elements: Stabilization NCWRC App Al (C) The Licensee may propose modifications to the Spring Reservoir Level Stabilization Program in consultation with the North On -going Alan Stuart Spring Carolina Wildlife Resources Commission and the South Carolina Department of Natural Resources. The Licensee shall file such alan.stuart@duke - energy.com Reservoir modifications with the Commission for approval prior to implementing any modifications Stablization SCDNR App Al (C) The Licensee may propose modifications to the Spring Reservoir Level Stabilization Program in consultation with the North On -going Alan Stuart Spring Carolina Wildlife Resources Commission and the South Carolina Department of Natural Resources. The Licensee shall file such alan.stuart@duke - energy.com Reservoir modifications with the Commission for approval prior to implementing any modifications Stablization Licensee App A2 60 days post - license George Galleher Recreation (A) Bridgewater Development — Within 60 days following the issuance of this license the Licensee shall provide recreational flow george.galleher @duke - energy.com Flows releases at the Bridgewater Development to support float angling and paddling, in accordance with the schedule in the table below. Scheduled recreational flow release days shall be divided approximately equally between flow releases to support float angling and flow releases to support paddling. The scheduling of the specific dates each year that are focused on float angling and the dates that are focused on paddling shall be determined at the Annual Recreational Flow Schedule Planning meeting stipulated in Paragraph (H) below. The flows for float angling shall be as close as feasible to 900 cfs, but shall not exceed 1,200 cfs, and the flows for paddling shall be at least 900 cfs. If the Licensee is not operating in accordance with the Maintenance and Emergency Protocol and needs to operate the Bridgewater Development to release more than 1,200 cfs for three or more hours during any of the scheduled flow release periods to support float angling, then the Licensee shall endeavor in good faith to add equivalent hours of replacement recreational flow releases for float angling at the Bridgewater Development within the same calendar year. These equivalent hours may be added to the hours of flow releases on days already scheduled for recreational flow releases or the flow releases may be scheduled separately. Specific days and hours for potential replacement flow releases to support float angling will be determined at the Annual Recreational Flow Schedule Planning meeting stipulated in Paragraph (H) below..... (H) Annual Recreational Flow Schedule Planning — In March of each year of the license term, the Licensee shall convene an Annual March (annual) Licensee App A2 George Galleher Recreation Recreational Flow Schedule Planning meeting with the NCDENR, the NCWRC, the SCDNR, and the SCDPRT, and other entities george.galleher @duke - energy.com Flows with recreational experience and /or expertise as appropriate to identify potential improvements to the recreational flow release schedule, to establish the schedule for the added recreational flow releases pursuant to Paragraph (F) above, and to identify potential dates for replacement flows at the Bridgewater Development for the current calendar year. Also, the Licensee, in consultation with the attendees of the Annual Recreational Flow Schedule Planning meeting, may (i) shift the hours of scheduled recreational flow releases to different times; (ii) reduce the total hours of recreational flow releases to conserve the water supply; or (iii) adjust the seasonal times for the recreational flow releases. However, the total volume of water used for these scheduled recreational flow releases over a calendar year from any individual development shall not be increased even if the total volume from another development is decreased. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee App A2 (H) Annual Recreational Flow Schedule Planning — In March of each year of the license term, the Licensee shall convene an Annual March (annual) George Galleher Recreation Recreational Flow Schedule Planning meeting with the NCDENR, the NCWRC, the SCDNR, and the SCDPRT, and other entities george.galleher @duke - energy.com Flows with recreational experience and /or expertise as appropriate to identify potential improvements to the recreational flow release schedule, to establish the schedule for the added recreational flow releases pursuant to Paragraph (F) above, and to identify potential dates for replacement flows at the Bridgewater Development for the current calendar year. Also, the Licensee, in consultation with the attendees of the Annual Recreational Flow Schedule Planning meeting, may (i) shift the hours of scheduled recreational flow releases to different times; (ii) reduce the total hours of recreational flow releases to conserve the water supply; or (iii) adjust the seasonal times for the recreational flow releases. However, the total volume of water used for these scheduled recreational flow releases over a calendar year from any individual development shall not be increased even if the total volume from another development is decreased. NCDENR App A2 (H) Annual Recreational Flow Schedule Planning — In March of each year of the license term, the Licensee shall convene an Annual March (annual) George Galleher Recreation Recreational Flow Schedule Planning meeting with the NCDENR, the NCWRC, the SCDNR, and the SCDPRT, and other entities george.galleher @duke - energy.com Flows with recreational experience and /or expertise as appropriate to identify potential improvements to the recreational flow release schedule, to establish the schedule for the added recreational flow releases pursuant to Paragraph (F) above, and to identify potential dates for replacement flows at the Bridgewater Development for the current calendar year. Also, the Licensee, in consultation with the attendees of the Annual Recreational Flow Schedule Planning meeting, may (i) shift the hours of scheduled recreational flow releases to different times; (ii) reduce the total hours of recreational flow releases to conserve the water supply; or (iii) adjust the seasonal times for the recreational flow releases. However, the total volume of water used for these scheduled recreational flow releases over a calendar year from any individual development shall not be increased even if the total volume from another development is decreased. George Galleher NCWRC App A2 (H) Annual Recreational Flow Schedule Planning — In March of each year of the license term, the Licensee shall convene an Annual March (annual) Recreation Recreational Flow Schedule Planning meeting with the NCDENR, the NCWRC, the SCDNR, and the SCDPRT, and other entities george.galleher @duke - energy.com Flows with recreational experience and /or expertise as appropriate to identify potential improvements to the recreational flow release schedule, to establish the schedule for the added recreational flow releases pursuant to Paragraph (F) above, and to identify potential dates for replacement flows at the Bridgewater Development for the current calendar year. Also, the Licensee, in consultation with the attendees of the Annual Recreational Flow Schedule Planning meeting, may (i) shift the hours of scheduled recreational flow releases to different times; (ii) reduce the total hours of recreational flow releases to conserve the water supply; or (iii) adjust the seasonal times for the recreational flow releases. However, the total volume of water used for these scheduled recreational flow releases over a calendar year from any individual development shall not be increased even if the total volume from another development is decreased. SCDNR App A2 (H) Annual Recreational Flow Schedule Planning — In March of each year of the license term, the Licensee shall convene an Annual 'March (annual) George Galleher Recreation Recreational Flow Schedule Planning meeting with the NCDENR, the NCWRC, the SCDNR, and the SCDPRT, and other entities george.galleher @duke - energy.com Flows with recreational experience and /or expertise as appropriate to identify potential improvements to the recreational flow release schedule, to establish the schedule for the added recreational flow releases pursuant to Paragraph (F) above, and to identify potential dates for replacement flows at the Bridgewater Development for the current calendar year. Also, the Licensee, in consultation with the attendees of the Annual Recreational Flow Schedule Planning meeting, may (i) shift the hours of scheduled recreational flow releases to different times; (ii) reduce the total hours of recreational flow releases to conserve the water supply; or (iii) adjust the seasonal times for the recreational flow releases. However, the total volume of water used for these scheduled recreational flow releases over a calendar year from any individual development shall not be increased even if the total volume from another development is decreased. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDPRT App A2 (H) Annual Recreational Flow Schedule Planning — In March of each year of the license term, the Licensee shall convene an Annual March (annual) George Galleher Recreation Recreational Flow Schedule Planning meeting with the NCDENR, the NCWRC, the SCDNR, and the SCDPRT, and other entities george.galleher @duke - energy.com Flows with recreational experience and /or expertise as appropriate to identify potential improvements to the recreational flow release schedule, to establish the schedule for the added recreational flow releases pursuant to Paragraph (F) above, and to identify potential dates for replacement flows at the Bridgewater Development for the current calendar year. Also, the Licensee, in consultation with the attendees of the Annual Recreational Flow Schedule Planning meeting, may (i) shift the hours of scheduled recreational flow releases to different times; (ii) reduce the total hours of recreational flow releases to conserve the water supply; or (iii) adjust the seasonal times for the recreational flow releases. However, the total volume of water used for these scheduled recreational flow releases over a calendar year from any individual development shall not be increased even if the total volume from another development is decreased. Licensee App A2 (A) Minimum Continuous Flows — The Licensee shall provide the following Minimum Continuous Flows at the Bridgewater, Oxford, 60 days post - license George Galleher Minimum Lookout Shoals, Wylie, Great Falls- Dearborn, and Wateree developments to protect and enhance aquatic habitat and water quality george.galleher @duke - energy.com Flows in the downstream riverine sections. The Minimum Continuous Flow may be provided by any combination of leakage, spillage, and generation from each development.... (A) Within 60 days following the completion of the installation of a minimum flow hydro unit in accordance with the Commission- 60 days post - license Licensee App A2 George Galleher Wylie High approved Flow and Water Quality Implementation Plan, the Licensee shall implement the Wylie High Inflow Protocol specified below george.galleher @duke - energy.com Inflow to provide additional protection and enhancement of aquatic habitat downstream of the Wylie Development when adequate inflow to Protocol the Project is available.... (A) Within 60 days following issuance of this license, the Licensee shall provide flow releases with the conditions and rates 60 days post - license Licensee App A2 George Galleher Flows indicated below from the Bridgewater, Wylie, and Wateree developments to support downstream water withdrawer requirements at george.galleher @duke - energy.com Supporting the indicated River Miles — location of the most downstream point of the facility measured in miles along the centerline of the river Public Water with the River Miles starting at the confluence of the Wateree and Congaree rivers (River Mile 0.0) and ascending upstream. Supply... Licensee App A2 Flow (B) The Licensee shall prepare the FWQIP in consultation with the U.S. Fish and Wildlife Service, the National Marine Fisheries 6 months post- Mark Oakley and Water Service, the NC Department of Environment and Natural Resources, the NC Wildlife Resources Commission, the SC Department of license mark.oakley @duke - energy.com Quality Natural Resources, and the SC Department of Health and Environmental Control. The Licensee shall include with the FWQIP Implementati documentation of consultation with the above agencies, copies of comments and recommendations on the FWQIP after it has been on Plan prepared and provided to the agencies, and specific descriptions of how the agencies' comments and recommendations are (Refer also accommodated in the FWQIP. The Licensee shall allow a minimum of 30 days for the agencies to comment prior to filing the FWQIP to Appendix with the Commission. If the Licensee does not adopt an agency's recommendation, the filing shall include the Licensee's reasons. L) NCDENR App A2 Flow (B) The Licensee shall prepare the FWQIP in consultation with the U.S. Fish and Wildlife Service, the National Marine Fisheries 6 months post- Mark Oakley and Water Service, the NC Department of Environment and Natural Resources, the NC Wildlife Resources Commission, the SC Department of license mark.oakley @duke - energy.com Quality Natural Resources, and the SC Department of Health and Environmental Control. The Licensee shall include with the FWQIP Implementati documentation of consultation with the above agencies, copies of comments and recommendations on the FWQIP after it has been on Plan prepared and provided to the agencies, and specific descriptions of how the agencies' comments and recommendations are (Refer also accommodated in the FWQIP. The Licensee shall allow a minimum of 30 days for the agencies to comment prior to filing the FWQIP to Appendix with the Commission. If the Licensee does not adopt an agency's recommendation, the filing shall include the Licensee's reasons. L) CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC App A2 Flow (B) The Licensee shall prepare the FWQIP in consultation with the U.S. Fish and Wildlife Service, the National Marine Fisheries 6 months post- Mark Oakley and Water Service, the NC Department of Environment and Natural Resources, the NC Wildlife Resources Commission, the SC Department of license mark.oakley @duke - energy.com Quality Natural Resources, and the SC Department of Health and Environmental Control. The Licensee shall include with the FWQIP Implementati documentation of consultation with the above agencies, copies of comments and recommendations on the FWQIP after it has been on Plan prepared and provided to the agencies, and specific descriptions of how the agencies' comments and recommendations are (Refer also accommodated in the FWQIP. The Licensee shall allow a minimum of 30 days for the agencies to comment prior to filing the FWQIP to Appendix with the Commission. If the Licensee does not adopt an agency's recommendation, the filing shall include the Licensee's reasons. L) SCDNR App A2 Flow (B) The Licensee shall prepare the FWQIP in consultation with the U.S. Fish and Wildlife Service, the National Marine Fisheries 6 months post- Mark Oakley and Water Service, the NC Department of Environment and Natural Resources, the NC Wildlife Resources Commission, the SC Department of license mark.oakley @duke - energy.com Quality Natural Resources, and the SC Department of Health and Environmental Control. The Licensee shall include with the FWQIP Implementati documentation of consultation with the above agencies, copies of comments and recommendations on the FWQIP after it has been on Plan prepared and provided to the agencies, and specific descriptions of how the agencies' comments and recommendations are (Refer also accommodated in the FWQIP. The Licensee shall allow a minimum of 30 days for the agencies to comment prior to filing the FWQIP to Appendix with the Commission. If the Licensee does not adopt an agency's recommendation, the filing shall include the Licensee's reasons. L) (A) The Low Inflow Protocol for the Catawba - Wateree Project filed with the license application is approved and incorporated into 60 days post - license Licensee App A3 LIP George Galleher this license. Within 60 days following the issuance of this license, the Licensee shall imp_ lement the Low Inflow Protocol... (A) The Maintenance and Emergency Protocol for the Catawba - Wateree Project filed with the license application is approved and 60 days post - license george.galleher @duke - energy.com Licensee App A4 MEP George Galleher incorporated into this license. Within 60 days following the issuance of this license, the Licensee shall implement the Maintenance george.galleher @duke - energy.com and Emergency Protocol.... Licensee App A5 (B) The Licensee shall prepare the WQMP in consultation with the North Carolina Division of Water Quality and the South 16 months post- Keith Finley Water Carolina Department of Health and Environmental Control. The Licensee shall include with the WQMP documentation of I license keith.finley @duke - energy.com Quality consultation with the above agencies, copies of comments and recommendations on the plan after it has been prepared and Monitoring provided to the agencies, and specific descriptions of how the agencies' comments and recommendations are accommodated in the Plan (Refer WQMP. The Licensee shall allow a minimum of 30 days for the agencies to comment prior to filing the Water Quality Monitoring Plan also to with the Commission. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons. The Appendix F) Commission reserves the right to require changes to the WQMP. The Licensee shall implement the WQMP as approved by the Commission, including any changes required by the Commission. NCDENR App A5 (B) The Licensee shall prepare the WQMP in consultation with the North Carolina Division of Water Quality and the South 6 months post- Keith Finley Water Carolina Department of Health and Environmental Control. The Licensee shall include with the WQMP documentation of license keith.finley @duke - energy.com Quality consultation with the above agencies, copies of comments and recommendations on the plan after it has been prepared and Monitoring provided to the agencies, and specific descriptions of how the agencies' comments and recommendations are accommodated in the Plan (Refer WQMP. The Licensee shall allow a minimum of 30 days for the agencies to comment prior to filing the Water Quality Monitoring Plan also to with the Commission. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons. The Appendix F) Commission reserves the right to require changes to the WQMP. The Licensee shall implement the WQMP as approved by the Commission, including any changes required by the Commission. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee App A5 (C) By June 30 following each full calendar year for the term of this license, the Licensee shall file with the Commission a report Annual Keith Finley Water verifying compliance with any applicable 401 Water Quality Certifications and including the following information for the previous keith.finley @duke - energy.com Quality calendar year: (i) temperatures of water released from Project developments; (ii) dissolved oxygen concentrations in water released Monitoring from Project developments; (iii) Minimum Continuous Flows released from the Bridgewater, Oxford, Lookout Shoals, Wylie, and Plan (Refer Wateree developments; (iv) Minimum Continuous Flows released into the Great Falls Long and Short Bypassed Reaches; and, (v) also to documentation of instances that the 401 Water Quality Certification requirements were not met, along with any proposed or Appendix F) implemented corrective actions. The Licensee shall provide copies of the report to the NC Division of Water Resources, NC Division of Water Quality, NC Wildlife Resources Commission, SC Department of Natural Resources, SC Department of Health and Environmental Control, U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service. The Commission reserves the right to require changes to Project operations or to Project facilities based on the information in the report. NCDENR App A5 (C) By June 30 following each full calendar year for the term of this license, the Licensee shall file with the Commission a report Annual Keith Finley Water verifying compliance with any applicable 401 Water Quality Certifications and including the following information for the previous keith.finley @duke - energy.com Quality calendar year: (i) temperatures of water released from Project developments; (ii) dissolved oxygen concentrations in water released Monitoring from Project developments; (iii) Minimum Continuous Flows released from the Bridgewater, Oxford, Lookout Shoals, Wylie, and Plan (Refer Wateree developments; (iv) Minimum Continuous Flows released into the Great Falls Long and Short Bypassed Reaches; and, (v) also to documentation of instances that the 401 Water Quality Certification requirements were not met, along with any proposed or Appendix F) implemented corrective actions. The Licensee shall provide copies of the report to the NC Division of Water Resources, NC Division of Water Quality, NC Wildlife Resources Commission, SC Department of Natural Resources, SC Department of Health and Environmental Control, U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service. The Commission reserves App A5 the right to require changes to Project operations or to Project facilities based on the information in the report. (C) By June 30 following each full calendar year for the term of this license, the Licensee shall file with the Commission a report Annual NCWRC Keith Finley Water verifying compliance with any applicable 401 Water Quality Certifications and including the following information for the previous keith.finley @duke - energy.com Quality calendar year: (i) temperatures of water released from Project developments; (ii) dissolved oxygen concentrations in water released Monitoring from Project developments; (iii) Minimum Continuous Flows released from the Bridgewater, Oxford, Lookout Shoals, Wylie, and Plan (Refer Wateree developments; (iv) Minimum Continuous Flows released into the Great Falls Long and Short Bypassed Reaches; and, (v) also to documentation of instances that the 401 Water Quality Certification requirements were not met, along with any proposed or Appendix F) implemented corrective actions. The Licensee shall provide copies of the report to the NC Division of Water Resources, NC Division of Water Quality, NC Wildlife Resources Commission, SC Department of Natural Resources, SC Department of Health and Environmental Control, U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service. The Commission reserves the right to require changes to Project operations or to Project facilities based on the information in the report. SCDNR App A5 (C) By June 30 following each full calendar year for the term of this license, the Licensee shall file with the Commission a report Annual Keith Finley Water verifying compliance with any applicable 401 Water Quality Certifications and including the following information for the previous keith.finley @duke - energy.com Quality calendar year: (i) temperatures of water released from Project developments; (ii) dissolved oxygen concentrations in water released Monitoring from Project developments; (iii) Minimum Continuous Flows released from the Bridgewater, Oxford, Lookout Shoals, Wylie, and Plan (Refer Wateree developments; (iv) Minimum Continuous Flows released into the Great Falls Long and Short Bypassed Reaches; and, (v) also to documentation of instances that the 401 Water Quality Certification requirements were not met, along with any proposed or Appendix F) implemented corrective actions. The Licensee shall provide copies of the report to the NC Division of Water Resources, NC Division of Water Quality, NC Wildlife Resources Commission, SC Department of Natural Resources, SC Department of Health and Environmental Control, U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service. The Commission reserves the right to require changes to Project operations or to Project facilities based on the information in the report. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee App A6 Flow By June 30 following each full calendar year for the term of this license, the Licensee shall file with the Commission a report verifying Annual Mark Oakley and compliance with the Normal Minimum Elevation and Normal Maximum Elevation for Reservoir Levels, Spring Reservoir Level mark.oakley @duke - energy.com Reservoir Stabilization Program, Recreational Flow Releases, Minimum Continuous Flows, Minimum Average Daily Flows and the Wylie High Elevation Inflow Protocol as set forth in this license and including at least the following information for the previous calendar year: (i) hourly Monitoring flow records at Bridgewater, Oxford, Lookout Shoals, Wylie and Wateree; (ii) documentation of flow releases in the Catawba River (Refer also Bypassed Reach and the Great Falls Long and Short Bypassed Reaches; (iii) documentation of Recreational Flow Releases; (iv) to Appendix documentation of Minimum Continuous Flows and Minimum Average Daily Flows; (v) hourly reservoir levels for each reservoir, along) M) with yearly graphs showing the actual levels throughout the calendar year; and, (vi) documentation of any instances that reservoir levels exceeded the Normal Operating Ranges, any instances where the Spring Reservoir Level Stabilization Program requirements were not met or required flow releases were not met, along with any proposed or implemented corrective actions. The Licensee shall provide copies of the report to the NC Division of Water Resources, NC Division of Water Quality, NC Wildlife Resources Commission, SC Department of Natural Resources, SC Department of Health and Environmental Control and the U.S. Fish and Wildlife Service. The Commission reserves the right to require changes to Project operations or to Project facilities based on the information in the report. NCDENR Mark Oakley App A6 Flow By June 30 following each full calendar year for the term of this license, the Licensee shall file with the Commission a report verifying Annual and compliance with the Normal Minimum Elevation and Normal Maximum Elevation for Reservoir Levels, Spring Reservoir Level mark.oakley @duke - energy.com Reservoir Stabilization Program, Recreational Flow Releases, Minimum Continuous Flows, Minimum Average Daily Flows and the Wylie High Elevation Inflow Protocol as set forth in this license and including at least the following information for the previous calendar year: (i) hourly Monitoring flow records at Bridgewater, Oxford, Lookout Shoals, Wylie and Wateree; (ii) documentation of flow releases in the Catawba River (Refer also Bypassed Reach and the Great Falls Long and Short Bypassed Reaches; (iii) documentation of Recreational Flow Releases; (iv) to Appendix documentation of Minimum Continuous Flows and Minimum Average Daily Flows; (v) hourly reservoir levels for each reservoir, along M) with yearly graphs showing the actual levels throughout the calendar year; and, (vi) documentation of any instances that reservoir levels exceeded the Normal Operating Ranges, any instances where the Spring Reservoir Level Stabilization Program requirements were not met or required flow releases were not met, along with any proposed or implemented corrective actions. The Licensee shall provide copies of the report to the NC Division of Water Resources, NC Division of Water Quality, NC Wildlife Resources Commission, SC Department of Natural Resources, SC Department of Health and Environmental Control and the U.S. Fish and Wildlife Service. The Commission reserves the right to require changes to Project operations or to Project facilities based on the information in the report. NCWRC App A6 Flow By June 30 following each full calendar year for the term of this license, the Licensee shall file with the Commission a report verifying Annual Mark Oakley and compliance with the Normal Minimum Elevation and Normal Maximum Elevation for Reservoir Levels, Spring Reservoir Level mark.oakley @duke - energy.com Reservoir Stabilization Program, Recreational Flow Releases, Minimum Continuous Flows, Minimum Average Daily Flows and the Wylie High Elevation Inflow Protocol as set forth in this license and including at least the following information for the previous calendar year: (i) hourly Monitoring flow records at Bridgewater, Oxford, Lookout Shoals, Wylie and Wateree; (ii) documentation of flow releases in the Catawba River (Refer also Bypassed Reach and the Great Falls Long and Short Bypassed Reaches; (iii) documentation of Recreational Flow Releases; (iv) to Appendix documentation of Minimum Continuous Flows and Minimum Average Daily Flows; (v) hourly reservoir levels for each reservoir, along M) with yearly graphs showing the actual levels throughout the calendar year; and, (vi) documentation of any instances that reservoir levels exceeded the Normal Operating Ranges, any instances where the Spring Reservoir Level Stabilization Program requirements were not met or required flow releases were not met, along with any proposed or implemented corrective actions. The Licensee shall provide copies of the report to the NC Division of Water Resources, NC Division of Water Quality, NC Wildlife Resources Commission, SC Department of Natural Resources, SC Department of Health and Environmental Control and the U.S. Fish and Wildlife Service. The Commission reserves the right to require changes to Project operations or to Project facilities based on the information in the report. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR App A6 Flow By June 30 following each full calendar year for the term of this license, the Licensee shall file with the Commission a report verifying Annual Mark Oakley and compliance with the Normal Minimum Elevation and Normal Maximum Elevation for Reservoir Levels, Spring Reservoir Level mark.oakley @duke - energy.com Reservoir Stabilization Program, Recreational Flow Releases, Minimum Continuous Flows, Minimum Average Daily Flows and the Wylie High Elevation Inflow Protocol as set forth in this license and including at least the following information for the previous calendar year: (i) hourly Monitoring flow records at Bridgewater, Oxford, Lookout Shoals, Wylie and Wateree; (ii) documentation of flow releases in the Catawba River (Refer also Bypassed Reach and the Great Falls Long and Short Bypassed Reaches; (iii) documentation of Recreational Flow Releases; (iv) to Appendix documentation of Minimum Continuous Flows and Minimum Average Daily Flows; (v) hourly reservoir levels for each reservoir, along) M) with yearly graphs showing the actual levels throughout the calendar year; and, (vi) documentation of any instances that reservoir levels exceeded the Normal Operating Ranges, any instances where the Spring Reservoir Level Stabilization Program requirements were not met or required flow releases were not met, along with any proposed or implemented corrective actions. The Licensee shall provide copies of the report to the NC Division of Water Resources, NC Division of Water Quality, NC Wildlife Resources Commission, SC Department of Natural Resources, SC Department of Health and Environmental Control and the U.S. Fish and Wildlife Service. The Commission reserves the right to require changes to Project operations or to Project facilities based on the information in the report. Licensee (A) Within one year following implementation of the Minimum Continuous Flow from the Linville Dam at the Bridgewater 1 year post - license Mark Oakley App A6 Funding for Development, the Licensee shall fund the installation of one new United States Geological Survey (USGS) streamflow gage to be mark.oakley @duke - energy.com USGS located on the Linville River between the Linville Dam and the confluence of the Linville River and the Catawba River just Gages downstream of the Bridgewater Development to monitor compliance with the minimum flow and recreational flow release requirements and to provide a ready source of public information.... Licensee App A7 (A) The Federal Threatened and Endangered Species Protection Plans for Schweinitz's sunflower (Helianthus schweinitzii), dwarf 60 days post - license Alan Stuart Federal flowered heartleaf (Hexastylis naniflora), bald eagle (Haliaeetus leucocephalus), wood stork (Mycteria Americana), American alan.stuart@duke - energy.com Threatened alligator (Alligator mississippiensis), and shortnose sturgeon (Acipenserbrevirostrum), filed with the license application are and approved and incorporated into this license. The Licensee shall implement these Federal Threatened and Endangered Species Endangered Protection Plans within 60 days following the issuance of this license.... Species NCDENR App A7 (B) At least annually, the Licensee shall, after consulting with the U.S. Fish and Wildlife Service, the North Carolina Department of Annual Alan Stuart Federal Environment and Natural Resources, the North Carolina Wildlife Resources Commission, and the South Carolina Department of alan.stuart@duke - energy.com Threatened Natural Resources, review and update the list of Threatened and Endangered species based on a species status change and and updated distribution and occurrence information. If the update has any species that is newly listed, delisted, or has a change of Endangered status and that species is documented within the Project Boundaries or within the Catawba and Wateree rivers and their associated Species floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall: (i) consult with the U.S. Fish and Wildlife Service (USFWS) and, as appropriate, the National Marine Fisheries Service, the North Carolina Department of Environment and Natural Resources, the North Caroline Wildlife Resources Commission, and the South Carolina Department of Natural Resources; and (ii), after consulting with these agencies, file any required modified or additional Species Protection Plans with the Commission, for approval. NCWRC App A7 (B) At least annually, the Licensee shall, after consulting with the U.S. Fish and Wildlife Service, the North Carolina Department of Annual Alan Stuart Federal Environment and Natural Resources, the North Carolina Wildlife Resources Commission, and the South Carolina Department of alan.stuart@duke - energy.com Threatened Natural Resources, review and update the list of Threatened and Endangered species based on a species status change and and updated distribution and occurrence information. If the update has any species that is newly listed, delisted, or has a change of Endangered status and that species is documented within the Project Boundaries or within the Catawba and Wateree rivers and their associated Species floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall: (i) consult with the U.S. Fish and Wildlife Service (USFWS) and, as appropriate, the National Marine Fisheries Service, the North Carolina Department of Environment and Natural Resources, the North Caroline Wildlife Resources Commission, and the South Carolina Department of Natural Resources; and (ii), after consulting with these agencies, file any required modified or additional Species Protection Plans with the Commission, for approval. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR App A7 (B) At least annually, the Licensee shall, after consulting with the U.S. Fish and Wildlife Service, the North Carolina Department of Annual Alan Stuart Federal Environment and Natural Resources, the North Carolina Wildlife Resources Commission, and the South Carolina Department of alan.stuart@duke - energy.com Threatened Natural Resources, review and update the list of Threatened and Endangered species based on a species status change and and updated distribution and occurrence information. If the update has any species that is newly listed, delisted, or has a change of Endangered status and that species is documented within the Project Boundaries or within the Catawba and Wateree rivers and their associated Species floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall: (i) consult with the U.S. Fish and Wildlife Service (USFWS) and, as appropriate, the National Marine Fisheries Service, the North Carolina Department of Environment and Natural Resources, the North Caroline Wildlife Resources Commission, and the South Carolina Department of Natural Resources; and (ii), after consulting with these agencies, file any required modified or App A7 additional Species Protection Plans with the Commission, for approval. (B) At least annually, the Licensee shall, after consulting with the U.S. Fish and Wildlife Service, the North Carolina Department of Alan Stuart SCDNR Annual Federal Environment and Natural Resources, the North Carolina Wildlife Resources Commission, and the South Carolina Department of alan.stuart@duke - energy.com Threatened Natural Resources, review and update the list of Threatened and Endangered species based on a species status change and and updated distribution and occurrence information. If the update has any species that is newly listed, delisted, or has a change of Endangered status and that species is documented within the Project Boundaries or within the Catawba and Wateree rivers and their associated Species floodplains and bottomlands from Lake James downstream to the confluence of the Wateree River with the Congaree River, the Licensee shall: (i) consult with the U.S. Fish and Wildlife Service (USFWS) and, as appropriate, the National Marine Fisheries Service, the North Carolina Department of Environment and Natural Resources, the North Caroline Wildlife Resources Commission, and the South Carolina Department of Natural Resources; and (ii), after consulting with these agencies, file any required modified or App A8 additional Species Protection Plans with the Commission, for approval. Within 60 days following issuance of this license, the Licensee shall provide the following information to support the safe and Licensee 60 days post - license George Galleher Public effective public use of the Project's resources.... george.galleher @duke - energy.com Information Licensee App A9 (A) Within one year following the issuance of this license, the Licensee shall file with the Commission, for approval, a Recreation 1 year post - license Travis Sinclair Recreation Management Plan (RMP) that describes the implementation of the measures identified in Paragraph (B) to enhance recreation travis.sinclair @duke - energy.com Management resources at the Catawba - Wateree Project. The Licensee shall prepare the RMP in consultation with the North Carolina Department Plan of Environment and Natural Resources (NCDENR), the North Carolina Wildlife Resources Commission (NCWRC), the South Carolina Department of Parks, Recreation and Tourism (SCDPRT), the South Carolina Department of Natural Resources ( SCDNR), local governments and other entities. To prevent conflicts with Historic Properties in the Project area, the Licensee shall develop the Plan consistently with the implementation of the Historic Properties Management Plan required under this license. The RMP shall include a schedule in five -year increments for implementing the measures, and all measures shall be implemented within 20 years following Commission approval of the RMP. App A9 Travis Sinclair local governments (A) Within one year following the issuance of this license, the Licensee shall file with the Commission, for approval, a Recreation 1 year post - license Recreation Management Plan (RMP) that describes the implementation of the measures identified in Paragraph (B) to enhance recreation travis.sinclair @duke - energy.com Management resources at the Catawba - Wateree Project. The Licensee shall prepare the RMP in consultation with the North Carolina Department Plan of Environment and Natural Resources (NCDENR), the North Carolina Wildlife Resources Commission (NCWRC), the South Carolina Department of Parks, Recreation and Tourism (SCDPRT), the South Carolina Department of Natural Resources ( SCDNR), local governments and other entities. To prevent conflicts with Historic Properties in the Project area, the Licensee shall develop the Plan consistently with the implementation of the Historic Properties Management Plan required under this license. The RMP shall include a schedule in five -year increments for implementing the measures, and all measures shall be implemented within 20 years following Commission approval of the RMP. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR App A9 (A) Within one year following the issuance of this license, the Licensee shall file with the Commission, for approval, a Recreation 1 year post - license Travis Sinclair Recreation Management Plan (RMP) that describes the implementation of the measures identified in Paragraph (B) to enhance recreation travis.sinclair @duke - energy.com Management resources at the Catawba - Wateree Project. The Licensee shall prepare the RMP in consultation with the North Carolina Department Plan of Environment and Natural Resources ( NCDENR), the North Carolina Wildlife Resources Commission ( NCWRC), the South Carolina Department of Parks, Recreation and Tourism ( SCDPRT), the South Carolina Department of Natural Resources ( SCDNR), local governments and other entities. To prevent conflicts with Historic Properties in the Project area, the Licensee shall develop the Plan consistently with the implementation of the Historic Properties Management Plan required under this license. The RMP shall include a schedule in five -year increments for implementing the measures, and all measures shall be implemented within 20 years following Commission approval of the RMP. NCWRC App A9 (A) Within one year following the issuance of this license, the Licensee shall file with the Commission, for approval, a Recreation 1 year post - license Travis Sinclair Recreation Management Plan (RMP) that describes the implementation of the measures identified in Paragraph (B) to enhance recreation travis.sinclair @duke - energy.com Management resources at the Catawba - Wateree Project. The Licensee shall prepare the RMP in consultation with the North Carolina Department Plan of Environment and Natural Resources ( NCDENR), the North Carolina Wildlife Resources Commission ( NCWRC), the South Carolina Department of Parks, Recreation and Tourism ( SCDPRT), the South Carolina Department of Natural Resources ( SCDNR), local governments and other entities. To prevent conflicts with Historic Properties in the Project area, the Licensee shall develop the Plan consistently with the implementation of the Historic Properties Management Plan required under this license. The RMP shall include a schedule in five -year increments for implementing the measures, and all measures shall be implemented within 20 years following Commission approval of the RMP. SCDNR App A9 (A) Within one year following the issuance of this license, the Licensee shall file with the Commission, for approval, a Recreation 1 year post - license Travis Sinclair Recreation Management Plan (RMP) that describes the implementation of the measures identified in Paragraph (B) to enhance recreation travis.sinclair @duke - energy.com Management resources at the Catawba - Wateree Project. The Licensee shall prepare the RMP in consultation with the North Carolina Department Plan of Environment and Natural Resources ( NCDENR), the North Carolina Wildlife Resources Commission ( NCWRC), the South Carolina Department of Parks, Recreation and Tourism ( SCDPRT), the South Carolina Department of Natural Resources ( SCDNR), local governments and other entities. To prevent conflicts with Historic Properties in the Project area, the Licensee shall develop the Plan consistently with the implementation of the Historic Properties Management Plan required under this license. The RMP shall include a schedule in five -year increments for implementing the measures, and all measures shall be implemented within 20 years following Commission approval of the RMP. SCDPRT App A9 (A) Within one year following the issuance of this license, the Licensee shall file with the Commission, for approval, a Recreation 1 year post - license Travis Sinclair Recreation Management Plan (RMP) that describes the implementation of the measures identified in Paragraph (B) to enhance recreation travis.sinclair @duke - energy.com Management, resources at the Catawba - Wateree Project. The Licensee shall prepare the RMP in consultation with the North Carolina Department Plan of Environment and Natural Resources ( NCDENR), the North Carolina Wildlife Resources Commission ( NCWRC), the South Carolina Department of Parks, Recreation and Tourism ( SCDPRT), the South Carolina Department of Natural Resources ( SCDNR), local governments and other entities. To prevent conflicts with Historic Properties in the Project area, the Licensee shall develop the Plan consistently with the implementation of the Historic Properties Management Plan required under this license. The RMP shall include a schedule in five -year increments for implementing the measures, and all measures shall be implemented within 20 years following Commission approval of the RMP. (A) At 20 years following the issuance of this license, and repeated at every subsequent 10 years during the term of this license, to 20 years post- Licensee App A9 Travis Sinclair Recreation protect and enhance recreation resources at the Catawba - Wateree Project, the Licensee shall complete a review of the Project's license travis.sinclair @duke - energy.com Planning (A) recreation needs that includes: (i) a recreation use and needs assessment and (ii) identification of any additional public recreation facility needs at the Project. The Licensee shall file with the Commission, for approval, a supplement to the Recreation Management Plan describing in detail additional activities or facilities to be developed including construction schedules and how these new facilities as well as existing facilities will be operated and maintained. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Licensee App A9 (B) The Licensee shall consult with the North Carolina Department of Environment and Natural Resources, the North Carolina 20 years post- Travis Sinclair Recreation Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department license travis.sinclair @duke - energy.com Planning (B) of Natural Resources, local governments, and other interested parties to provide recommendations on the assessment and the Plan. The Licensee shall include with its RMP supplement documentation of consultation with the above agencies, local governments and other interested parties, copies of comments and recommendations on the supplement after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how the agencies', local governments', and other interested parties' comments and recommendations are accommodated by the supplement. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties to comment prior to filing the supplement with the Commission, for approval. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons. local governments App A9 (B) The Licensee shall consult with the North Carolina Department of Environment and Natural Resources, the North Carolina 20 years post- Travis Sinclair Recreation Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department license travis.sinclair @duke - energy.com Planning (B) of Natural Resources, local governments, and other interested parties to provide recommendations on the assessment and the Plan. The Licensee shall include with its RMP supplement documentation of consultation with the above agencies, local governments and other interested parties, copies of comments and recommendations on the supplement after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how the agencies', local governments', and other interested parties' comments and recommendations are accommodated by the supplement. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties to comment prior to filing the supplement with the Commission, for approval. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons. (B) The Licensee shall consult with the North Carolina Department of Environment and Natural Resources, the North Carolina 20 years post- Travis Sinclair NCDENR App A9 Recreation Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department license travis.sinclair @duke - energy.com Planning (B) of Natural Resources, local governments, and other interested parties to provide recommendations on the assessment and the Plan. The Licensee shall include with its RMP supplement documentation of consultation with the above agencies, local governments and other interested parties, copies of comments and recommendations on the supplement after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how the agencies', local governments', and other interested parties' comments and recommendations are accommodated by the supplement. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties to comment prior to filing the supplement with the Commission, for approval. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons. NCWRC Travis Sinclair App A9 (B) The Licensee shall consult with the North Carolina Department of Environment and Natural Resources, the North Carolina 20 years post- Recreation Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department license travis.sinclair @duke - energy.com Planning (B) of Natural Resources, local governments, and other interested parties to provide recommendations on the assessment and the Plan. The Licensee shall include with its RMP supplement documentation of consultation with the above agencies, local governments and other interested parties, copies of comments and recommendations on the supplement after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how the agencies', local governments', and other interested parties' comments and recommendations are accommodated by the supplement. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties to comment prior to filing the supplement with the Commission, for approval. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons. CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR App A9 (B) The Licensee shall consult with the North Carolina Department of Environment and Natural Resources, the North Carolina 20 years post- Travis Sinclair Recreation Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department license travis.sinclair @duke - energy.com Planning (B) of Natural Resources, local governments, and other interested parties to provide recommendations on the assessment and the Plan. The Licensee shall include with its RMP supplement documentation of consultation with the above agencies, local governments and other interested parties, copies of comments and recommendations on the supplement after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how the agencies', local governments', and other interested parties' comments and recommendations are accommodated by the supplement. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties to comment prior to filing the supplement with the Commission, for approval. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons. SCDPRT App A9 (B) The Licensee shall consult with the North Carolina Department of Environment and Natural Resources, the North Carolina 20 years post- Travis Sinclair Recreation Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department license travis.sinclair @duke - energy.com Planning (B) of Natural Resources, local governments, and other interested parties to provide recommendations on the assessment and the Plan. The Licensee shall include with its RMP supplement documentation of consultation with the above agencies, local governments and other interested parties, copies of comments and recommendations on the supplement after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how the agencies', local governments', and other interested parties' comments and recommendations are accommodated by the supplement. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties to comment prior to filing the supplement with the Commission, for approval. If the Licensee does not adopt a recommendation, the filing shall include the Licensee's reasons. (B) The Shoreline Management Guidelines are approved as part of the Shoreline Management Plan with the understanding that On -going Joe Hall Licensee App A10 SMP the Licensee has reserved the right to make minor changes to the Guidelines. The Shoreline Classification Maps and associated joe.ha112 @duke - energy.com Lake Use Restrictions filed with the license application are also approved as part of the Shoreline Management Plan with the understanding that the Licensee has reserved the right to make changes to the maps to protect newly discovered resources such as archaeological or historic sites, Threatened or Endangered Species, Special Concern Species, or to correct errors. The Commission reserves the right to review such changes. Upon the issuance of this license, the Licensee shall implement the Commission - approved Shoreline Management Plan including the Shoreline Management Classification Maps and associated Lake Use Restrictions and Shoreline Management Guidelines. (A) At ten years following the issuance of this license, and every ten years thereafter for the term of this license, the Licensee shall 10 years post- Joe Hall Licensee App A10 SMP Review file with the Commission, for approval, a revised Shoreline Management Plan (SMP). In developing the revised SMP, the Licensee license joe.ha112 @duke - energy.com & Update shall convene and consult with a workgroup consisting of the North Carolina Department of Environment and Natural Resources, the North Carolina Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Natural Resources, the U.S. Fish and Wildlife Service, local governments and other interested parties to review the implementation of the SMP and recommend potential modifications. The Licensee shall include with the revised SMP filing documentation of consultation with the above agencies, local governments, and other interested parties copies of comments and recommendations on the revised SMP, after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how comments and recommendations received are accommodated by the revised SMP. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties participating in the workgroup to comment prior to filing the revised SMP with the Commission for approval. If the Licensee does not adopt a recommendation, the revised -SMP filing shall include the Licensee's reasons. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC App A10 (A) At ten years following the issuance of this license, and every ten years thereafter for the term of this license, the Licensee shall 10 years post- Joe Hall SMP Review file with the Commission, for approval, a revised Shoreline Management Plan (SMP). In developing the revised SMP, the Licensee license joe.ha112 @duke - energy.com & Update shall convene and consult with a workgroup consisting of the North Carolina Department of Environment and Natural Resources, the North Carolina Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Natural Resources, the U.S. Fish and Wildlife Service, local governments and other interested parties to review the implementation of the SMP and recommend potential modifications. The Licensee shall include with the revised SMP filing documentation of consultation with the above agencies, local governments, and other interested parties copies of comments and recommendations on the revised SMP, after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how comments and recommendations received are accommodated by the revised SMP. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties participating in the workgroup to comment prior to filing the revised SMP with the Commission for approval. If the Licensee does not adopt a recommendation, the revised -SMP filing shall include the Licensee's reasons. (A) At ten years following the issuance of this license, and every ten years thereafter for the term of this license, the Licensee shall 10 years post- Joe Hall SCDNR App A10 SMP Review file with the Commission, for approval, a revised Shoreline Management Plan (SMP). In developing the revised SMP, the Licensee license joe.ha112 @duke - energy.com & Update shall convene and consult with a workgroup consisting of the North Carolina Department of Environment and Natural Resources, the North Carolina Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Natural Resources, the U.S. Fish and Wildlife Service, local governments and other interested parties to review the implementation of the SMP and recommend potential modifications. The Licensee shall include with the revised SMP filing documentation of consultation with the above agencies, local governments, and other interested parties copies of comments and recommendations on the revised SMP, after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how comments and recommendations received are accommodated by the revised SMP. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties participating in the workgroup to comment prior to filing the revised SMP with the Commission for approval. If the Licensee does not adopt a recommendation, the revised -SMP filing shall include the Licensee's reasons. local governments App A10 (A) At ten years following the issuance of this license, and every ten years thereafter for the term of this license, the Licensee shall 10 years post- Joe Hall SMP Review file with the Commission, for approval, a revised Shoreline Management Plan (SMP). In developing the revised SMP, the Licensee license joe.ha112 @duke - energy.com & Update shall convene and consult with a workgroup consisting of the North Carolina Department of Environment and Natural Resources, the North Carolina Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Natural Resources, the U.S. Fish and Wildlife Service, local governments and other interested parties to review the implementation of the SMP and recommend potential modifications. The Licensee shall include with the revised SMP filing documentation of consultation with the above agencies, local governments, and other interested parties copies of comments and recommendations on the revised SMP, after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how comments and recommendations received are accommodated by the revised SMP. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties participating in the workgroup to comment prior to filing the revised SMP with the Commission for approval. If the Licensee does not adopt a recommendation, the revised -SMP filing shall include the Licensee's reasons. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR App A10 (A) At ten years following the issuance of this license, and every ten years thereafter for the term of this license, the Licensee shall 10 years post- Joe Hall SMP Review file with the Commission, for approval, a revised Shoreline Management Plan (SMP). In developing the revised SMP, the Licensee license joe.ha112 @duke - energy.com & Update shall convene and consult with a workgroup consisting of the North Carolina Department of Environment and Natural Resources, the North Carolina Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Natural Resources, the U.S. Fish and Wildlife Service, local governments and other interested parties to review the implementation of the SMP and recommend potential modifications. The Licensee shall include with the revised SMP filing documentation of consultation with the above agencies, local governments, and other interested parties copies of comments and recommendations on the revised SMP, after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how comments and recommendations received are accommodated by the revised SMP. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties participating in the workgroup to comment prior to filing the revised SMP with the Commission for approval. If the Licensee does not adopt a recommendation, the revised -SMP filing shall include the Licensee's reasons. (A) At ten years following the issuance of this license, and every ten years thereafter for the term of this license, the Licensee shall 10 years post- Joe Hall SCDNR App A10 SMP Review file with the Commission, for approval, a revised Shoreline Management Plan (SMP). In developing the revised SMP, the Licensee license joe.ha112 @duke - energy.com & Update shall convene and consult with a workgroup consisting of the NCDENR, the NCWRC, the SCDPRT, the SCDNR, the USFWS, local governments and other interested parties to review the implementation of the SMP and recommend potential modifications. The Licensee shall include with the revised SMP filing documentation of consultation with the above agencies, local governments, and other interested parties copies of comments and recommendations on the revised SMP, after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how comments and recommendations received are accommodated by the revised SMP. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties participating in the workgroup to comment prior to filing the revised SMP with the Commission for approval. If the Licensee does not adopt a recommendation, the revised -SMP filing shall include the Licensee's reasons. SCDPRT App A10 (A) At ten years following the issuance of this license, and every ten years thereafter for the term of this license, the Licensee shall 10 years post- Joe Hall SMP Review file with the Commission, for approval, a revised Shoreline Management Plan (SMP). In developing the revised SMP, the Licensee license joe.ha112 @duke - energy.com & Update shall convene and consult with a workgroup consisting of the North Carolina Department of Environment and Natural Resources, the North Carolina Wildlife Resources Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Department of Natural Resources, the U.S. Fish and Wildlife Service, local governments and other interested parties to review the implementation of the SMP and recommend potential modifications. The Licensee shall include with the revised SMP filing documentation of consultation with the above agencies, local governments, and other interested parties copies of comments and recommendations on the revised SMP, after it has been prepared and provided to the agencies, local governments and other interested parties, and specific descriptions of how comments and recommendations received are accommodated by the revised SMP. The Licensee shall allow a minimum of 30 days for the agencies, local governments, and other interested parties participating in the workgroup to comment prior to filing the revised SMP with the Commission for approval. If the Licensee does not adopt a recommendation, the revised -SMP filing shall include the Licensee's reasons. (A) The Historic Properties Management Plan (HPMP) filed with this license application is approved and incorporated into this Licensee App A11 60 days post - license Christy Churchill Historic license. Within 60 days following the issuance of this license, the Licensee shall implement the HPMP. The Commission reserves christy.churchill @duke - energy.com Properties the right to require changes to the HPMP at any time during the term of this license.... CRA Party CRA Section CRA Commitment Commitment Date Duke SME DMAG App C LIP Catawba - Wateree Drought Management Advisory Group (CW -DMAG) — The CW -DMAG will be tasked with working with the Complete Ed Bruce Key Fact 21 Licensee when the LIP is initiated. This team will also meet as necessary to foster a basin -wide response to a Low Inflow Condition ed.bruce @duke - energy.com (see Procedure section of this LIP). Members of the CW -DMAG agree to comply with the conditions of this LIP. Membership on the CW -DMAG is open to the following organizations, of which each organization may have up to two members: a. NCDENR (including Division of Water Resources and the Division of Water Quality) b. NCWRC c. SCDNR d. SCDHEC e. USGS f. Each Owner of a Large Water Intake located on one of the Catawba - Wateree Project reservoirs or the main stem of the Catawba - Wateree River g. Each Owner of a Large Water Intake located on any tributary stream within the Catawba - Wateree River Basin that ultimately drains to Lake Wateree h. Licensee (CW -DMAG Coordinator) The CW -DMAG will meet at least annually (typically during the month of May) beginning in 2007 and continuing throughout the term of the New License, regardless of the Low Inflow Condition status, to review prior year activities, discuss data input from Large Water Intake Owners, and discuss other issues relevant to the LIP. The Licensee will maintain an active roster of the CW -DMAG and update the roster as needed. The Licensee will prepare meeting summaries of all CW -DMAG meetings and will make these meeting summaries available to the public by posting on its Web site. Revising the LIP — During the term of the New License, the CW -DMAG will review and update the LIP periodically to ensure On -going Ed Bruce DMAG App C LIP Key Fact 22 continuous improvement of the LIP and its implementation. These evaluations and modifications will be considered at least once ed.bruce @duke - energy.com every five (5) years during the New License term. Modifications must be approved by a consensus of the participating CW -DMAG members. If the participating members cannot reach consensus, then the dispute resolution procedures set forth in Section 31.0 of the relicensing Final Agreement will apply. Approved modifications will be incorporated through revision of the LIP and the Licensee will file the revised LIP with the FERC. If any modifications of the LIP require amendment of the New License, the Licensee will (i) provide notice to all Parties to the relicensing Final Agreement advising them of the proposed license article amendment and the Licensee's intent to file it with the FERC; (ii) submit the modification request to the North Carolina Division of Water Quality (NCDWQ) and /or the South Carolina Department of Health and Environmental Control ( SCDHEC) for formal review and approval as may be required by any reopener conditions of the respective state's 401 Water Quality Certification for the Project; and (iii) file a license amendment request for FERC approval. During this process, the CW -DMAG may appoint an ad hoc committee to address issues and revisions relevant to the LIP. The filing of a revised LIP by the Licensee will not constitute or require modification to the relicensing Final Agreement and any Party to the relicensing Final Agreement may be involved in the FERC's public process for assessing the revised LIP. Issues such as sediment fill impact on reservoir storage volume calculations, revising the groundwater monitoring plan and substitution of a regional drought monitor for the U.S. Drought Monitor, if developed in the future, are examples of items that may be addressed. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Large Water Intake App C LIP Water Withdrawal Data Collection and Reporting — The Licensee will maintain information on cumulative water use from Project On -going Ed Bruce Owners Key Fact 23 reservoirs beginning in 2006 and continuing throughout the term of the New License and will make the information available to water ed.bruce @duke - energy.com intake owners and governmental agencies upon their request. The Licensee will require all owners of Large Water Intakes located within the FERC Project Boundaries to report to the Licensee, on an annual basis in MGD, their average monthly water withdrawals from and flow returns to the Project or its tributary streams that drain to Lake Wateree. The Licensee will maintain a database of this information including the Licensee's own non -hydro water use records (i.e., water uses due to thermal power generation). These annual withdrawal summaries will be in writing, certified for accuracy by a professional engineer or other appropriate official, and will be provided to the Licensee by January 31 of each year for the preceding calendar year beginning in 2007. This information may be used to determine if future increased water withdrawals would be within the projections of the Water Supply Study conducted during the relicensing process and filed with the FERC as part of the Licensee's Application for New License for the Project. Large Water Intake App C LIP Drought Response Plan Updates — All Large Water Intake Owners will review and update their Drought Response Plans or Complete Ed Bruce Owners Key Fact 25 Ordinances (or develop a plan or ordinance if they do not have one) by June 30, 2007 and within 180 days following the acceptance ed.bruce @duke - energy.com by the FERC of any future LIP revisions during the term of the New License to ensure compliance and coordination with the LIP, including the authority to enforce the provisions outlined herein, provided that the requirements of the LIP are consistent with state law. Implement LIP actions On -going DMAG App C LIP Ed Bruce Procedure Implement MEP On -going ed.bruce @duke - energy.com Licensee App D MEP George Galleher Consult at least 10 days prior to maintenance if it will affect the prescribed recreational flow releases. On -going george.galleher @duke- energy.com American App D MEP George Galleher Whitewater Condition george.galleher @duke - energy.com A.1 Bowater Consult with intake owners and downstream effluent dischargers at least 10 days prior to beginning maintenance or any reservoir On -going George Galleher App D MEP Condition drawdown if flow releases below Critical Flows will be required. george.galleher @duke - energy.com A.1 CIN App D MEP Consult at least 10 days prior to maintenance, if it will affect normal minimum flow releases from the Wylie Development. On -going George Galleher Condition george.galleher @duke - energy.com A.1 CIN THPO App D MEP Consult at least 10 days prior to maintenance or beginning any reservoir drawdown if maintenance will affect Historic Properties On -going George Galleher Condition ( NCSHPO or SCSHPO as appropriate) and include consultation with CIN and EBCI if the maintenance will result in a Large george.galleher @duke - energy.com A.1 Extended Drawdown. International Paper App D MEP Consult with intake owners and downstream effluent dischargers at least 10 days prior to beginning maintenance or any reservoir On -going George Galleher Condition drawdown if flow releases below Critical Flows will be required. george.galleher @duke - energy.com A.1 Large Water Intake App D MEP Consult with intake owners and downstream effluent dischargers at least 10 days prior to beginning maintenance or any reservoir On -going George Galleher Owners Condition drawdown if flow releases below Critical Flows will be required. george.galleher @duke - energy.com A.1 NCDENR App D MEP For developments in NC (including Wylie). If the maintenance will affect any required flow release or Normal Operating Range or On -going George Galleher Condition Stabilization Requirements for Reservoir Levels, provide notification and initiate consultation as soon as maintenance schedules are george.galleher @duke - energy.com A.1 determined (typically months in advance), but at least 10 days prior to beginning any reservoir drawdown or the hydro unit maintenance. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC App D MEP For developments in NC (including Wylie). If the maintenance will affect any required flow release or Normal Operating Range or On -going George Galleher Condition Stabilization Requirements for Reservoir Levels, provide notification and initiate consultation as soon as maintenance schedules are george.galleher @duke - energy.com A.1 determined (typically months in advance), but at least 10 days prior to beginning any reservoir drawdown or the hydro unit maintenance. SCDAH App D MEP Consult at least 10 days prior to maintenance or beginning any reservoir drawdown if maintenance will affect Historic Properties On -going George Galleher Condition ( NCSHPO or SCSHPO as appropriate) and include consultation with CIN and EBCI if the maintenance will result in a Large george.galleher @duke - energy.com A.1 Extended Drawdown. SCDNR App D MEP For developments in SC. If the maintenance will affect any required flow release or Normal Operating Range or Stabilization On -going George Galleher Condition Requirements for Reservoir Levels, provide notification and initiate consultation as soon as maintenance schedules are determined george.galleher @duke - energy.com A.1 (typically months in advance), but at least 10 days prior to beginning any reservoir drawdown or the hydro unit maintenance. SCE &G App D MEP Consult with intake owners and downstream effluent dischargers at least 10 days prior to beginning maintenance or any reservoir On -going George Galleher Condition drawdown if flow releases below Critical Flows will be required. george.galleher @duke - energy.com A.1 Springs Global App D MEP Consult with intake owners and downstream effluent dischargers at least 10 days prior to beginning maintenance or any reservoir On -going George Galleher Condition drawdown if flow releases below Critical Flows will be required. george.galleher @duke - energy.com A.1 American App D MEP Notify (within 5 days) and consult (within 10 days) afterwards if maintenance will affect the prescribed recreational flow releases. On -going George Galleher Whitewater Condition george.galleher @duke - energy.com A.2 Bowater App D MEP Notify (within 5 days) and consult (within 10 days) afterwards with intake owners and downstream effluent dischargers if flow George Galleher On -going Condition releases below Critical Flows are required. george.galleher @duke - energy.com A.2 CIN App D MEP Notify (within 5 days) and consult (within 10 days) afterwards if maintenance affects normal minimum flow releases from the Wylie DE On -going George Galleher Condition george.galleher @duke- energy.com A.2 CIN THPO App D MEP Notify (within 5 days) and consult (within 10 days) afterwards with NCSHPO and SCSHPO if maintenance will affect Historic On -going George Galleher Condition Properties and include consultation with CIN and EBCI if the maintenance will result in a Large Extended Drawdown. george.galleher @duke- energy.com A.2 International Paper App D MEP Notify (within 5 days) and consult (within 10 days) afterwards with intake owners and downstream effluent dischargers if flow On -going George Galleher Condition releases below Critical Flows are required. george.galleher @duke- energy.com A.2 Large Water Intake App D MEP Notify (within 5 days) and consult (within 10 days) afterwards with intake owners and downstream effluent dischargers if flow On -going George Galleher Owners Condition releases below Critical Flows are required. george.galleher @duke- energy.com A.2 NCDENR App D MEP For developments in NC (including Wylie). If the maintenance will affect any required flow release or Normal Operating Range or On -going George Galleher Condition Stabilization Requirements for Reservoir Levels, perform notification as soon as possible after the unscheduled maintenance george.galleher @duke- energy.com A.2 begins, but no longer than 5 days afterwards. Begin consultation within 10 days after the unscheduled maintenance begins.. NCWRC App D MEP For developments in NC (including Wylie). If the maintenance will affect any required flow release or Normal Operating Range or On -going George Galleher Condition Stabilization Requirements for Reservoir Levels, perform notification as soon as possible after the unscheduled maintenance george.galleher @duke- energy.com A.2 begins, but no longer than 5 days afterwards. Begin consultation within 10 days after the unscheduled maintenance begins.. SCDAH App D MEP Notify (within 5 days) and consult (within 10 days) afterwards with NCSHPO and SCSHPO if maintenance will affect Historic On -going George Galleher Condition Properties and include consultation with CIN and EBCI if the maintenance will result in a Large Extended Drawdown. george.galleher @duke- energy.com A.2 CRA Party CRA CRA Commitment Commitment Date Duke SME Section SCDNR App D MEP For developments in SC. If the maintenance will affect any required flow release or Normal Operating Range or Stabilization On -going George Galleher Condition Requirements for Reservoir Levels, perform notification as soon as possible after the unscheduled maintenance begins, but no george.galleher @duke - energy.com A.2 longer than 5 days afterwards. Initiate consultation within 10 days. SCE &G App D MEP Notify (within 5 days) and consult (within 10 days) afterwards with intake owners and downstream effluent dischargers if flow On -going George Galleher Condition releases below Critical Flows are required. george.galleher @duke - energy.com A.2 Springs Global App D MEP Notify (within 5 days) and consult (within 10 days) afterwards with intake owners and downstream effluent dischargers if flow On -going George Galleher Condition releases below Critical Flows are required. george.galleher @duke - energy.com A.2 Bowater App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On -going George Galleher Condition or downstream water uses, provide notification and initiate consultation as soon as maintenance schedules are determined (typically george.galleher @duke - energy.com B.1 months in advance), but at least 10 days prior to beginning the maintenance. CIN App D MEP Consult if maintenance affects normal minimum flow releases from the Wylie Development, as soon as maintenance schedules are On -going George Galleher Condition determined (typically months in advance), but at least 10 days prior to beginning the maintenance. george.galleher @duke - energy.com B.1 International Paper App D MEP For developments in SC. If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality or downstream On -going George Galleher Condition water uses, provide notification and initiate consultation as soon as maintenance schedules are determined (typically months in george.galleher @duke - energy.com B.1 advance), but at least 10 days prior to beginning the maintenance. Large Water Intake App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On -going George Galleher Owners Condition or downstream water uses, provide notification and initiate consultation as soon as maintenance schedules are determined (typically george.galleher @duke - energy.com B.1 months in advance), but at least 10 days prior to beginning the maintenance. Large Water Intake App D MEP For developments in SC. If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality or downstream On -going George Galleher Owners Condition water uses, provide notification and initiate consultation as soon as maintenance schedules are determined (typically months in george.galleher @duke - energy.com B.1 advance), but at least 10 days prior to beginning the maintenance. NCDENR App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On- going George Galleher Condition or downstream water uses, provide notification and initiate consultation as soon as maintenance schedules are determined (typically george.galleher @duke - energy.com B.1 months in advance), but at least 10 days prior to beginning the maintenance. NCWRC App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On -going George Galleher Condition or downstream water uses, provide notification and initiate consultation as soon as maintenance schedules are determined (typically george.galleher @duke - energy.com B.1 months in advance), but at least 10 days prior to beginning the maintenance. SCDNR App D MEP For developments in SC. If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality or downstream On- going George Galleher Condition water uses, provide notification and initiate consultation as soon as maintenance schedules are determined (typically months in george.galleher @duke - energy.com B.1 advance), but at least 10 days prior to beginning the maintenance. SCE &G App D MEP For developments in SC. If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality or downstream On -going George Galleher Condition water uses, provide notification and initiate consultation as soon as maintenance schedules are determined (typically months in george.galleher @duke - energy.com B.1 advance), but at least 10 days prior to beginning the maintenance. Springs Global App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On -going George Galleher Condition or downstream water uses, provide notification and initiate consultation as soon as maintenance schedules are determined (typically george.galleher @duke - energy.com B.1 months in advance), but at least 10 days prior to beginning the maintenance. App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On -going Bowater George Galleher Condition or downstream water uses, perform notification as soon as possible after the unscheduled maintenance begins, but no longer than 5 george.galleher @duke - energy.com B.2 days afterwards. Begin consultation within 10 days after the unscheduled maintenance begins. CIN App D MEP Notify if maintenance affects normal minimum flow releases from the Wylie Development, as soon as possible after the unscheduled On -going George Galleher Condition maintenance begins, but no longer than 5 days afterwards. Initiate consultation within 10 days. george.galleher @duke - energy.com B.2 CRA Party CRA CRA Commitment Commitment Date Duke SME Section International Paper App D MEP For developments in SC. If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality or downstream (water On -going George Galleher Condition uses, perform notification as soon as possible after the unscheduled maintenance begins, but no longer than 5 days george.galleher @duke - energy.com B.2 afterwards. Initiate consultation within 10 days. Large Water Intake App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On -going George Galleher Owners Condition or downstream water uses, perform notification as soon as possible after the unscheduled maintenance begins, but no longer than 5 george.galleher @duke - energy.com B.2 days afterwards. Begin consultation within 10 days after the unscheduled maintenance begins. Large Water Intake App D MEP For developments in SC. If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality or downstream On -going George Galleher Owners Condition water uses, perform notification as soon as possible after the unscheduled maintenance begins, but no longer than 5 days george.galleher @duke - energy.com 6.2 afterwards. Initiate consultation within 10 days. NCDENR App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On -going George Galleher Condition or downstream water uses, perform notification as soon as possible after the unscheduled maintenance begins, but no longer than 5 george.galleher @duke - energy.com B.2 days afterwards. Begin consultation within 10 days after the unscheduled maintenance begins. NCWRC App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On -going George Galleher Condition or downstream water uses, perform notification as soon as possible after the unscheduled maintenance begins, but no longer than 5 george.galleher @duke - energy.com B.2 days afterwards. Begin consultation within 10 days after the unscheduled maintenance begins. SCDNR App D MEP For developments in SC. If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality or downstream On -going George Galleher Condition water uses, perform notification as soon as possible after the unscheduled maintenance begins, but no longer than 5 days george.galleher @duke - energy.com 6.2 lafterwards. Initiate consultation within 10 days. SCE &G App D MEP For developments in SC. If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality or downstream On -going George Galleher Condition water uses, perform notification as soon as possible after the unscheduled maintenance begins, but no longer than 5 days george.galleher @duke - energy.com B.2 afterwards. Initiate consultation within 10 days. Springs Global App D MEP For developments in NC (including Wylie). If the maintenance cannot avoid impacting minimum flows for aquatic habit, water quality On -going George Galleher Condition or downstream water uses, perform notification as soon as possible after the unscheduled maintenance begins, but no longer than 5 george.galleher @duke - energy.com B.2 days afterwards. Begin consultation within 10 days after the unscheduled maintenance begins. Notify (within 5 days) and consult as soon as possible if maintenance will affect the prescribed recreational flow releases. George Galleher American App D MEP On -going Whitewater Condition D george.galleher @duke- energy.com CIN App D MEP Notify (within 5 days) and consult as soon as possible if Voltage or Capacity Emergency affects normal minimum flow releases from On -going George Galleher Condition D the Wylie Development. george.galleher @duke - energy.com NCDENR App D MEP For developments in NC (Including Wylie). Perform notification as soon as possible, but no longer than 5 days following the On -going George Galleher Condition D deviation from a license condition for Voltage or Capacity Emergency reasons. Initiate consultation as soon as possible. george.galleher @duke - energy.com NCWRC App D MEP For developments in NC (Including Wylie). Perform notification as soon as possible, but no longer than 5 days following the On -going George Galleher Condition D deviation from a license condition for Voltage or Capacity Emergency reasons. Initiate consultation as soon as possible. george.galleher @duke - energy.com SCDAH App D MEP Notify (within 5 days) and consult as soon as possible with NCSHPO and SCSHPO if Voltage or Capacity Emergency will affect On -going George Galleher Condition D Historic Properties. george.galleher @duke - energy.com SCDNR App D MEP For developments in SC. Perform notification as soon as possible, but no longer than 5 days following the deviation from a license On -going George Galleher Condition D condition for Voltage or Capacity Emergency reasons. Initiate consultation as soon as possible. george.galleher @duke - energy.com SCDNR App D MEP For developments in SC. Perform notification as soon as possible, but no longer than 5 days following the deviation from a license On -going George Galleher Condition D condition for Voltage or Capacity Emergency reasons. Initiate consultation as soon as possible. george.galleher @duke - energy.com George Galleher American App D MEP On -going Whitewater Condition Consult at least 10 days prior to beginning drawdown if it will affect the prescribed recreational flow releases. george.galleher @duke - energy.com E.1 Bowater App D MEP If the drawdown will go below Critical Reservoir Elevations that affect the operations of a Large Water Intake located in a reservoir or On -going George Galleher Condition will cause flow releases to drop below Critical Flows supporting Large Water Intakes or Downstream Effluent Dischargers, the george.galleher @duke - energy.com E.1 Licensee will consult with the owner of the intake or discharge facility as soon as approximate dates are known (typically months in advance), but at least 10 days prior to beginning the drawdown. CRA Party CRA CRA Commitment Commitment Date Duke SME Section CIN THPO App D MEP Condition Consult in the event of a Large Extended Drawdown as soon as approximate dates are determined (typically months in advance), On -going George Galleher george.galleher @duke - energy.com E.1 but at least 10 days prior to beginning drawdown. International Paper App D MEP If the drawdown will go below Critical Reservoir Elevations that affect the operations of a Large Water Intake located in a reservoir or On -going George Galleher Condition will cause flow releases to drop below Critical Flows supporting Large Water Intakes or Downstream Effluent Dischargers, the george.galleher @duke - energy.com E.1 Licensee will consult with the owner of the intake or discharge facility as soon as approximate dates are known (typically months in advance), but at least 10 days prior to beginning the drawdown. Large Water Intake App D MEP If the drawdown will go below Critical Reservoir Elevations that affect the operations of a Large Water Intake located in a reservoir or On -going George Galleher Owners Condition will cause flow releases to drop below Critical Flows supporting Large Water Intakes or Downstream Effluent Dischargers, the george.galleher @duke - energy.com E.1 Licensee will consult with the owner of the intake or discharge facility as soon as approximate dates are known (typically months in advance), but at least 10 days prior to beginning the drawdown. NCDENR App D MEP Condition For developments in NC (including Wylie). Provide notification and consult as soon as approximate dates are determined (typically p ( g pp (yp y On -going George Galleher george.galleher @duke - energy.com E.1 months in advance), but at least 10 days prior to beginning drawdown. NCWRC App D MEP Condition Condition For developments in NC (including Wylie). Provide notification and consult as soon as approximate dates are determined (typically On -going George Galleher george.galleher @duke- energy.com in advance), but at least 10 days prior to beginning drawdown. SCDAH App D MEP Condition Consult in the event of a Large Extended Drawdown as soon as approximate dates are determined (typically months in advance), On -going George Galleher george.galleher @duke - energy.com E.1 but at least 10 days prior to beginning drawdown. SCDNR App D MEP For developments in SC. Provide notification and consult as soon as approximate dates are determined (typically months in On -going George Galleher Condition advance), but at least 10 days prior to beginning drawdown. george.galleher @duke - energy.com E.1 SCE &G App D MEP If the drawdown will go below Critical Reservoir Elevations that affect the operations of a Large Water Intake located in a reservoir or On -going George Galleher Condition will cause flow releases to drop below Critical Flows supporting Large Water Intakes or Downstream Effluent Dischargers, the george.galleher @duke - energy.com E.1 Licensee will consult with the owner of the intake or discharge facility as soon as approximate dates are known (typically months in advance), but at least 10 days prior to beginning the drawdown. Springs Global App D MEP If the drawdown will go below Critical Reservoir Elevations that affect the operations of a Large Water Intake located in a reservoir or On -going George Galleher Condition will cause flow releases to drop below Critical Flows supporting Large Water Intakes or Downstream Effluent Dischargers, the george.galleher @duke - energy.com E.1 Licensee will consult with the owner of the intake or discharge facility as soon as approximate dates are known (typically months in advance), but at least 10 days prior to beginning the drawdown. American App D MEP On -going George Galleher Whitewater Condition Notify (within 5 days) and consult as soon as possible if the drawdown will affect prescribed recreational flow releases. george.galleher @duke - energy.com E.2 Bowater App D MEP For developments in NC (including Wylie). If the drawdown cannot avoid impacting minimum flows for aquatic habitat, water quality On -going George Galleher Condition or downstream water uses, perform notification as soon as possible, but no longer than 5 days after the drawdown begins. Begin george.galleher @duke - energy.com E.2 consultation within 10 days after the drawdown begins. CIN App D MEP Condition If the drawdown affects releases from the Wylie Development, notify as soon as possible, but no longer than 5 days after the On -going George Galleher george.galleher @duke- energy.com E 2 drawdown begins. Begin consultation within 10 days after the drawdown begins. International Paper App D MEP For developments in SC. If the drawdown cannot avoid impacting minimum flows for aquatic habitat, water quality, navigation or On- going George Galleher Condition downstream water uses, perform notification as soon as possible, but no longer than 5 days after the drawdown begins. Begin george.galleher @duke - energy.com E.2 consultation within 10 days after the drawdown begins. CRA Party CRA CRA Commitment Commitment Date Duke SME Section Large Water Intake App D MEP For developments in NC (including Wylie). If the drawdown cannot avoid impacting minimum flows for aquatic habitat, water quality On -going George Galleher Owners Condition or downstream water uses, perform notification as soon as possible, but no longer than 5 days after the drawdown begins. Begin george.galleher @duke - energy.com E.2 consultation within 10 days after the drawdown begins. Large Water Intake App D MEP For developments in SC. If the drawdown cannot avoid impacting minimum flows for aquatic habitat, water quality, navigation or On -going George Galleher Owners Condition downstream water uses, perform notification as soon as possible, but no longer than 5 days after the drawdown begins. Begin george.galleher @duke - energy.com E.2 consultation within 10 days after the drawdown begins. NCDENR App D MEP For developments in NC (including Wylie). If the drawdown cannot avoid impacting minimum flows for aquatic habitat, water quality On -going George Galleher Condition or downstream water uses, perform notification as soon as possible, but no longer than 5 days after the drawdown begins. Begin george.galleher @duke - energy.com E.2 consultation within 10 days after the drawdown begins. NCWRC App D MEP For developments in NC (including Wylie). If the drawdown cannot avoid impacting minimum flows for aquatic habitat, water quality On -going George Galleher Condition or downstream water uses, perform notification as soon as possible, but no longer than 5 days after the drawdown begins. Begin george.galleher @duke - energy.com E.2 consultation within 10 days after the drawdown begins. SCDNR App D MEP For developments in SC. If the drawdown cannot avoid impacting minimum flows for aquatic habitat, water quality, navigation or On -going George Galleher Condition downstream water uses, perform notification as soon as possible, but no longer than 5 days after the drawdown begins. Begin george.galleher @duke - energy.com E.2 consultation within 10 days after the drawdown begins. SCE &G App D MEP For developments in SC. If the drawdown cannot avoid impacting minimum flows for aquatic habitat, water quality, navigation or On -going George Galleher Condition downstream water uses, perform notification as soon as possible, but no longer than 5 days after the drawdown begins. Begin george.galleher @duke - energy.com E.2 consultation within 10 days after the drawdown begins. Springs Global App D MEP For developments in NC (including Wylie). If the drawdown cannot avoid impacting minimum flows for aquatic habitat, water quality On -going George Galleher Condition or downstream water uses, perform notification as soon as possible, but no longer than 5 days after the drawdown begins. Begin george.galleher @duke - energy.com E.2 consultation within 10 days after the drawdown begins. American App D MEP Notify (within 5 days) and consult as soon as possible if the drawdown will affect prescribed recreational flow releases. On -going George Galleher Whitewater Condition F george.galleher @duke - energy.com Bowater App D MEP For developments in NC (including Wylie). If the circumstances cannot avoid impacting minimum flows for aquatic habitat, water On -going George Galleher Condition F quality, navigation, recreation or downstream water uses, initiate consultation as soon as soon as the dates are known, but at least george.galleher @duke - energy.com 10 days prior to beginning the temporary flow alteration. Initiate consultation for unplanned river access within 5 days after the temporary flow alteration. CIN App D MEP If the flow modifications for the planned River Access affect flow releases from the Wylie Development, initiate consultation as soon On -going George Galleher Condition F as the dates are known but at least 10 days prior to beginning the temporary flow modification. Initiate consultation for unplanned george.galleher @duke - energy.com river access within 5 days after the temporary flow alteration. International Paper App D MEP For developments in SC. If the circumstances cannot avoid impacting minimum flows for aquatic habitat, water quality, navigation, On -going George Galleher Condition F recreation or downstream water uses, initiate consultation as soon as soon as the dates are known, but at least 10 days prior to george.galleher @duke - energy.com beginning the temporary flow alteration. Initiate consultation for unplanned river access within 5 days after the temporary flow alteration. Large Water Intake App D MEP For developments in NC (including Wylie). If the circumstances cannot avoid impacting minimum flows for aquatic habitat, water On -going George Galleher Owners Condition F quality, navigation, recreation or downstream water uses, initiate consultation as soon as soon as the dates are known, but at least george.galleher @duke - energy.com 10 days prior to beginning the temporary flow alteration. Initiate consultation for unplanned river access within 5 days after the temporary flow alteration. Large Water Intake App D MEP For developments in SC. If the circumstances cannot avoid impacting minimum flows for aquatic habitat, water quality, navigation, On -going George Galleher Owners Condition F recreation or downstream water uses, initiate consultation as soon as soon as the dates are known, but at least 10 days prior to george.galleher @duke - energy.com beginning the temporary flow alteration. Initiate consultation for unplanned river access within 5 days after the temporary flow alteration. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR App D MEP For developments in NC (including Wylie). If the circumstances cannot avoid impacting minimum flows for aquatic habitat, water On -going George Galleher Condition F quality, navigation, recreation or downstream water uses, initiate consultation as soon as soon as the dates are known, but at least george.galleher @duke - energy.com 10 days prior to beginning the temporary flow alteration. Initiate consultation for unplanned river access within 5 days after the temporary flow alteration. NCWRC App D MEP For developments in NC (including Wylie). If the circumstances cannot avoid impacting minimum flows for aquatic habitat, water On -going George Galleher Condition F quality, navigation, recreation or downstream water uses, initiate consultation as soon as soon as the dates are known, but at least george.galleher @duke - energy.com 10 days prior to beginning the temporary flow alteration. Initiate consultation for unplanned river access within 5 days after the temporary flow alteration. SCDNR App D MEP For developments in SC. If the circumstances cannot avoid impacting minimum flows for aquatic habitat, water quality, navigation, On -going George Galleher Condition F recreation or downstream water uses, initiate consultation as soon as soon as the dates are known, but at least 10 days prior to george.galleher @duke - energy.com beginning the temporary flow alteration. Initiate consultation for unplanned river access within 5 days after the temporary flow alteration. SCE &G App D MEP For developments in SC. If the circumstances cannot avoid impacting minimum flows for aquatic habitat, water quality, navigation, On -going George Galleher Condition F recreation or downstream water uses, initiate consultation as soon as soon as the dates are known, but at least 10 days prior to george.galleher @duke - energy.com beginning the temporary flow alteration. Initiate consultation for unplanned river access within 5 days after the temporary flow alteration. Springs Global App D MEP For developments in NC (including Wylie). If the circumstances cannot avoid impacting minimum flows for aquatic habitat, water On -going George Galleher Condition F quality, navigation, recreation or downstream water uses, initiate consultation as soon as soon as the dates are known, but at least george.galleher @duke - energy.com 10 days prior to beginning the temporary flow alteration. Initiate consultation for unplanned river access within 5 days after the temporary flow alteration. NCDENR App D MEP For developments in NC (including Wylie). The Licensee will perform notification as soon as possible following or prior to a deviation On -going George Galleher Condition G from license requirements for an existing or expected high inflow event. george.galleher @duke - energy.com NCWRC App D MEP For developments in NC (including Wylie). The Licensee will perform notification as soon as possible following or prior to a deviation On -going George Galleher Condition G from license requirements for an existing or expected high inflow event. george.galleher @duke - energy.com SCDNR App D MEP For developments in SC. The Licensee will perform notification as soon as possible following or prior to a deviation from license On -going George Galleher Condition G requirements for an existing or expected high inflow event. george.galleher @duke - energy.com WMG App N Implement WMG actions On -going Ed Bruce Procedure ed.bruce @duke - energy.com Licensee Fish Pay Accord dues Annually through Alan Stuart Passage 2017 alan.stuart@duke - energy.com Accord NCWRC Upper Exercise purchase options for seven of eight parcels 2 years post - license Mark Oakley Catawba mark.oakley @duke - energy.com Public Access, Open Space, and Trails Agreement CRA Party CRA CRA Commitment Commitment Date Duke SME Section Exercise purchase options for seven of eight parcels NCDENR Upper 2 years post - license Mark Oakley Catawba mark.oakley @duke - energy.com Public Access, Open Space, and Trails Agreement Exercise purchase options for one of eight parcels Mark Oakley NCWRC Upper 3 years post- License Catawba mark.oakley @duke - energy.com Public Access, Open Space, and Trails Agreement Exercise purchase options for one of eight parcels Mark Oakley NCDENR Upper 3 years post- License Catawba mark.oakley @duke - energy.com Public Access, Open Space, and Trails Agreement Licensee May 5, 2010 On -going George Galleher SC WQC 1. Minimum Flow Improvement - To approximate the new flow release requirements under the Comprehensive Relicensing george.galleher @duke - energy.com Settlement Agreement (CRA), without the delays allowed in the proposed water quality certification decision of May 15, 2009 for the construction Agreement and other requirements that allow for "continuous flow" from the Wylie Dam, Duke will rapid -pulse an existing unit thereby running it with the SC 1 hr on, 2 hrs off, during periods when at least 1 unit is not running continuously (effectively giving a "continuous flow" through Wylie Attorney Dam where now Duke is not required to provide continuous flow) and Duke is not operating under the CRA's Low Inflow Protocol or General's Maintenance and Emergency Protocol; and Office Licensee May 5, 2010 On -going George Galleher SC WQC george.galleher @duke - energy.com Settlement 2 Dissolved Oxygen DO Improvement - From May 15 through October 31 i.e., the low DO season prescribed in S.C. Re s. 61 yg ( ) p y g ( p Reg s. Agreement Agreement the 68.0 -D), Duke will operate one or more existing units that have dissolved oxygen enhancement capability on a first on, last off Attorney hierarchy whenever the station (Wylie Hydro) is being operated for flow release, reservoir level control or generation, which will General's improve the DO levels in the flow discharging from the system. Office CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR December 3, On -going Mark Oakley 2010 SC v mark.oakley @duke - energy.com NC U.S. First, South Carolina and North Carolina agree generally to regulate the use and withdrawal of water from the River Basin and to Supreme encourage or, as appropriate, require conservation especially during periods of drought. To the extent either State requests that the Court other State provide information or follow particular procedures, it should as a matter of comity and reciprocity impose the same Settlement demands on its own agencies and departments. The Parties agree that during periods of low inflow as set forth in the CRA, the LIP Agreement in the CRA contemplates water withdrawal reduction measures in both States. SCDNR December 3, On -going Mark Oakley 2010 SC v mark.oakley @duke - energy.com NC U.S. First, South Carolina and North Carolina agree generally to regulate the use and withdrawal of water from the River Basin and to Supreme encourage or, as appropriate, require conservation especially during periods of drought. To the extent either State requests that the Court other State provide information or follow particular procedures, it should as a matter of comity and reciprocity impose the same Settlement demands on its own agencies and departments. The Parties agree that during periods of low inflow as set forth in the CRA, the LIP Agreement in the CRA contemplates water withdrawal reduction measures in both States. First update Licensee December 3, Ed Bruce 2010 SC v Second, the States agree to update the Catawba - Wateree River Basin Water Supply Study ( "Study ") every 10 years, working completed in 2014. ed.bruce @duke - energy.com NC U.S. cooperatively with the Catawba - Wateree Water Management Group ( "CW- WMG "). The updated Study will use the CHEOPS' Next update Supreme model, or another model mutually agreed upon by the North Carolina Department of Environment and Natural Resources ( "NC required by 2024 Court DENR "), the South Carolina Department of Health and Environmental Control ( "SC DHEC "), the North Carolina Wildlife Resources Settlement Commission ( "NC WRC "), the South Carolina Department of Natural Resources ( "SC DNR "), CW -WMG, Duke Energy and CRWSP, Agreement to assess and reassess consumptive water uses within the River Basin and for other planning purposes. The planning for the updated Study shall include NC DENR, SC DHEC, SC DNR, NC WRC, Duke Energy, CRWSP, and the CW -WMG. While the Study is being updated, opportunity will be provided for public comment. Under this Agreement, the first update of the Study would be due no later than by the end of 2018. The cost of the Study will be borne by the CW -WMG, South Carolina and North Carolina in shares to be mutually agreed upon. The Attorneys General of the two States shall be kept apprised and receive a copy of the Study. NCDENR December 3, First update Ed Bruce 2010 SC v Second, the States agree to update the Catawba - Wateree River Basin Water Supply Study ( "Study ") every 10 years, working completed in 2014. ed.bruce @duke - energy.com NC U.S. cooperatively with the Catawba - Wateree Water Management Group ( "CW- WMG'). The updated Study will use the CHEOPS' Next update Supreme model, or another model mutually agreed upon by the North Carolina Department of Environment and Natural Resources ( "NC required by 2024 Court DENR "), the South Carolina Department of Health and Environmental Control ( "SC DHEC'), the North Carolina Wildlife Resources Settlement Commission ( "NC WRC'), the South Carolina Department of Natural Resources ( "SC DNR "), CW -WMG, Duke Energy and CRWSP, Agreement to assess and reassess consumptive water uses within the River Basin and for other planning purposes. The planning for the updated Study shall include NC DENR, SC DHEC, SC DNR, NC WRC, Duke Energy, CRWSP, and the CW -WMG. While the Study is being updated, opportunity will be provided for public comment. Under this Agreement, the first update of the Study would be due no later than by the end of 2018. The cost of the Study will be borne by the CW -WMG, South Carolina and North Carolina in shares to be mutually agreed upon. The Attorneys General of the two States shall be kept apprised and receive a copy of the Study. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCWRC December 3, First update Ed Bruce 2010 SC v Second, the States agree to update the Catawba - Wateree River Basin Water Supply Study ( "Study ") every 10 years, working completed in 2014. ed.bruce @duke - energy.com NC U.S. cooperatively with the Catawba - Wateree Water Management Group ( "CW- WMG "). The updated Study will use the CHEOPS' Next update Supreme model, or another model mutually agreed upon by the North Carolina Department of Environment and Natural Resources ( "NC required by 2024 Court DENR "), the South Carolina Department of Health and Environmental Control ( "SC DHEC "), the North Carolina Wildlife Resources Settlement Commission ( "NC WRC "), the South Carolina Department of Natural Resources ( "SC DNR "), CW -WMG, Duke Energy and CRWSP, Agreement to assess and reassess consumptive water uses within the River Basin and for other planning purposes. The planning for the updated Study shall include NC DENR, SC DHEC, SC DNR, NC WRC, Duke Energy, CRWSP, and the CW -WMG. While the Study is being updated, opportunity will be provided for public comment. Under this Agreement, the first update of the Study would be due no later than by the end of 2018. The cost of the Study will be borne by the CW -WMG, South Carolina and North Carolina in shares to be mutually agreed upon. The Attorneys General of the two States shall be kept apprised and receive a copy of the Study. First update Ed Bruce SCDNR December 3, 2010 SC v Second, the States agree to update the Catawba - Wateree River Basin Water Supply Study ( "Study ") every 10 years, working completed in 2014. ed.bruce @duke - energy.com NC U.S. cooperatively with the Catawba - Wateree Water Management Group ( "CW- WMG'). The updated Study will use the CHEOPS' Next update Supreme model, or another model mutually agreed upon by the North Carolina Department of Environment and Natural Resources ( "NC required by 2024 Court DENR "), the South Carolina Department of Health and Environmental Control ( "SC DHEC'), the North Carolina Wildlife Resources Settlement Commission ( "NC WRC'), the South Carolina Department of Natural Resources ( "SC DNR "), CW -WMG, Duke Energy and CRWSP, Agreement to assess and reassess consumptive water uses within the River Basin and for other planning purposes. The planning for the updated Study shall include NC DENR, SC DHEC, SC DNR, NC WRC, Duke Energy, CRWSP, and the CW -WMG. While the Study is being updated, opportunity will be provided for public comment. Under this Agreement, the first update of the Study would be due no later than by the end of 2018. The cost of the Study will be borne by the CW -WMG, South Carolina and North Carolina in shares to be mutually agreed upon. The Attorneys General of the two States shall be kept apprised and receive a copy of the Study. WMG December 3, First update Ed Bruce 2010 SC v Second, the States agree to update the Catawba - Wateree River Basin Water Supply Study ( "Study ") every 10 years, working completed in 2014. ed.bruce @duke - energy.com NC U.S. cooperatively with the Catawba - Wateree Water Management Group ( "CW- WMG'). The updated Study will use the CHEOPS' Next update Supreme model, or another model mutually agreed upon by the North Carolina Department of Environment and Natural Resources ( "NC required by 2024 Court DENR "), the South Carolina Department of Health and Environmental Control ( "SC DHEC'), the North Carolina Wildlife Resources Settlement Commission ( "NC WRC'), the South Carolina Department of Natural Resources ( "SC DNR "), CW -WMG, Duke Energy and CRWSP, Agreement to assess and reassess consumptive water uses within the River Basin and for other planning purposes. The planning for the updated Study shall include NC DENR, SC DHEC, SC DNR, NC WRC, Duke Energy, CRWSP, and the CW -WMG. While the Study is being updated, opportunity will be provided for public comment. Under this Agreement, the first update of the Study would be due no later than by the end of 2018. The cost of the Study will be borne by the CW -WMG, South Carolina and North Carolina in shares to be mutually agreed upon. The Attorneys General of the two States shall be kept apprised and receive a copy of the Study. First update Lancaster County December 3, Ed Bruce Water and Sewer 2010 SC v Second, the States agree to update the Catawba - Wateree River Basin Water Supply Study ( "Study ") every 10 years, working completed in 2014. ed.bruce @duke - energy.com District NC U.S. cooperatively with the Catawba - Wateree Water Management Group ( "CW- WMG'). The updated Study will use the CHEOPS' Next update Supreme model, or another model mutually agreed upon by the North Carolina Department of Environment and Natural Resources ( "NC required by 2024 Court DENR "), the South Carolina Department of Health and Environmental Control ( "SC DHEC'), the North Carolina Wildlife Resources Settlement Commission ( "NC WRC'), the South Carolina Department of Natural Resources ( "SC DNR "), CW -WMG, Duke Energy and CRWSP, Agreement to assess and reassess consumptive water uses within the River Basin and for other planning purposes. The planning for the updated Study shall include NC DENR, SC DHEC, SC DNR, NC WRC, Duke Energy, CRWSP, and the CW -WMG. While the Study is being updated, opportunity will be provided for public comment. Under this Agreement, the first update of the Study would be due no later than by the end of 2018. The cost of the Study will be borne by the CW -WMG, South Carolina and North Carolina in shares to be mutually agreed upon. The Attorneys General of the two States shall be kept apprised and receive a copy of the Study. CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR December 3, Third, the States agree to work together to coordinate with each other and implement the policies and procedures necessary for a On -going Mark Oakley 2010 SC v consistent system of approving IBTs within the River Basin. The States should implement within their respective jurisdictions mark.oakley @duke - energy.com NC U.S. approval processes for future additional IBTs that contain the following elements. a) Notice of applications shall be given to the other Supreme water users in the River Basin in both States, upstream and downstream, sufficient to inform them of the details of the proposal. In Court addition, there shall be public meetings for interested parties and the public to provide information regarding the nature and extent of Settlement the proposed IBT. b) An environmental impact statement shall be prepared for every proposed IBT of water from the River Basin to Agreement another major basin. c) Written findings of fact must be made addressing the necessity for and reasonableness of the proposed IBT, the foreseeable future detrimental effects on the source river basin and benefits to the receiving river basin, reasonable alternatives to the proposed IBT, and any other facts and circumstances that are reasonably necessary for the appropriate regulatory body to assess the proposed IBT. Such findings shall include, but not be limited to, specifically assessing the effects of the IBT in times of drought on invocation of LIP Stages 0 -4. d) The applicant shall have the burden of proving the justification for the proposed IBT. e) Each State shall prepare an annual report of the average daily transfer amounts for each entity holding an IBT certificate and provide) it to the other State. Third, the States agree to work together to coordinate with each other and implement the policies and procedures necessary for a On -going SCDNR December 3, Mark Oakley 2010 SC v consistent system of approving IBTs within the River Basin. The States should implement within their respective jurisdictions mark.oakley @duke - energy.com NC U.S. approval processes for future additional IBTs that contain the following elements. a) Notice of applications shall be given to the other Supreme water users in the River Basin in both States, upstream and downstream, sufficient to inform them of the details of the proposal. In Court addition, there shall be public meetings for interested parties and the public to provide information regarding the nature and extent of Settlement the proposed IBT. b) An environmental impact statement shall be prepared for every proposed IBT of water from the River Basin to Agreement another major basin. c) Written findings of fact must be made addressing the necessity for and reasonableness of the proposed IBT, the foreseeable future detrimental effects on the source river basin and benefits to the receiving river basin, reasonable alternatives to the proposed IBT, and any other facts and circumstances that are reasonably necessary for the appropriate regulatory body to assess the proposed IBT. Such findings shall include, but not be limited to, specifically assessing the effects of the IBT in times of drought on invocation of LIP Stages 0 -4. d) The applicant shall have the burden of proving the justification for the proposed IBT. e) Each State shall prepare an annual report of the average daily transfer amounts for each entity holding an IBT certificate and provide it to the other State. NCDENR December 3, On -going Mark Oakley 2010 SC v mark.oakley @duke - energy.com NC U.S. Fourth, the States agree that during periods of drought, both States should require all owners of water withdrawal intakes within their Supreme respective jurisdictions who depend on the water storage in one or more Project reservoirs to implement drought response plans Court which are no less stringent than the requirements of the LIP applicable to their water intakes. Settlement Agreement SCDNR December 3, On -going Mark Oakley 2010 SC v mark.oakley @duke - energy.com NC U.S. Fourth, the States agree that during periods of drought, both States should require all owners of water withdrawal intakes within their Supreme respective jurisdictions who depend on the water storage in one or more Project reservoirs to implement drought response plans Court which are no less stringent than the requirements of the LIP applicable to their water intakes. Settlement Agreement CRA Party CRA CRA Commitment Commitment Date Duke SME Section NCDENR December 3, On -going Mark Oakley 2010 SC v Fifth, the States agree to develop a Memorandum of Agreement ( "MOA "), as soon as reasonably practicable following dismissal of mark.oakley @duke - energy.com NC U.S. the Litigation, to coordinate their agency permitting /approval processes for bi -state water providers, such as CRWSP, to the extent Supreme feasible under the laws of each State, for the purpose of avoiding unnecessary duplication. Public participation in the development Court of the MOA would include the State agencies' soliciting suggestions from CRWSP and other, similarly situated entities before the Settlement States begin negotiating the MOA and then allowing for comment on the draft MOA once it is developed but before it is made final. Agreement SCDNR December 3, On -going Mark Oakley 2010 SC v Fifth, the States agree to develop a Memorandum of Agreement ( "MOA"), as soon as reasonably practicable following dismissal of mark.oakley @duke - energy.com NC U.S. the Litigation, to coordinate their agency permitting /approval processes for bi -state water providers, such as CRWSP, to the extent Supreme feasible under the laws of each State, for the purpose of avoiding unnecessary duplication. Public participation in the development Court of the MOA would include the State agencies' soliciting suggestions from CRWSP and other, similarly situated entities before the Settlement States begin negotiating the MOA and then allowing for comment on the draft MOA once it is developed but before it is made final. Agreement Seventh, the Parties agree that henceforth and during the term of the New License neither State will file an action in the Supreme On -going Mark Oakley Licensee December 3, 2010 SC v Court of the United States against the other relating to or seeking an equitable apportionment of the River, whether in an action for mark.oakley @duke - energy.com NC U.S. injunction or otherwise, as long as each State abides by the CRA and this Agreement; provided, that in the event of material future Supreme changes in water use or water demand from those contemplated by the present CRA, either State may file such suit after first Court making a good faith effort to address its issues relating to equitable apportionment of the River with the other State. The States will Settlement agree in such event to seek during a period of no less than ninety days to negotiate a further agreement to avoid the need for such Agreement suit. The States' efforts may include seeking resolution of the dispute before the Bi -State Commission. Nothing herein shall prevent the Parties from raising other issues relating to the River before FERC or an appropriate state agiver basin, reasonable alternatives to the proposed IBT, and any o NCDENR December 3, Seventh, the Parties agree that henceforth and during the term of the New License neither State will file an action in the Supreme On -going Mark Oakley 2010 SC v Court of the United States against the other relating to or seeking an equitable apportionment of the River, whether in an action for mark.oakley @duke - energy.com NC U.S. injunction or otherwise, as long as each State abides by the CRA and this Agreement; provided, that in the event of material future Supreme changes in water use or water demand from those contemplated by the present CRA, either State may file such suit after first Court making a good faith effort to address its issues relating to equitable apportionment of the River with the other State. The States will Settlement agree in such event to seek during a period of no less than ninety days to negotiate a further agreement to avoid the need for such Agreement suit. The States' efforts may include seeking resolution of the dispute before the Bi -State Commission. Nothing herein shall prevent the Parties from raising other issues relating to the River before FERC or an appropriate state agiver basin, reasonable alternatives to the proposed IBT, and any o SCDNR December 31 Seventh, the Parties agree that henceforth and during the term of the New License neither State will file an action in the Supreme On -going Mark Oakley 2010 SC v Court of the United States against the other relating to or seeking an equitable apportionment of the River, whether in an action for mark.oakley @duke - energy.com NC U.S. injunction or otherwise, as long as each State abides by the CRA and this Agreement; provided, that in the event of material future Supreme changes in water use or water demand from those contemplated by the present CRA, either State may file such suit after first Court making a good faith effort to address its issues relating to equitable apportionment of the River with the other State. The States will Settlement agree in such event to seek during a period of no less than ninety days to negotiate a further agreement to avoid the need for such Agreement suit. The States' efforts may include seeking resolution of the dispute before the Bi -State Commission. Nothing herein shall prevent the Parties from raising other issues relating to the River before FERC or an appropriate state agiver basin, reasonable alternatives to the proposed IBT, and any o CRA Party CRA Section CRA Commitment Commitment Date Duke SME Lancaster County December 3, Seventh, the Parties agree that henceforth and during the term of the New License neither State will file an action in the Supreme On -going Mark Oakley Water and Sewer 2010 SC v Court of the United States against the other relating to or seeking an equitable apportionment of the River, whether in an action for mark.oakley @duke - energy.com District NC U.S. injunction or otherwise, as long as each State abides by the CRA and this Agreement; provided, that in the event of material future Supreme changes in water use or water demand from those contemplated by the present CRA, either State may file such suit after first Court making a good faith effort to address its issues relating to equitable apportionment of the River with the other State. The States will Settlement agree in such event to seek during a period of no less than ninety days to negotiate a further agreement to avoid the need for such Agreement suit. The States' efforts may include seeking resolution of the dispute before the Bi -State Commission. Nothing herein shall prevent the Parties from raising other issues relating to the River before FERC or an appropriate state agiver basin, reasonable alternatives to the proposed IBT, and any o