20231063 Ver 1_user agreement_20230801

l:%cavation Project User's Agreement Letter
_(I'IcAaw till in the Minks. I'lease Print)
11Mtr irz?"23
lh Mike 1 netVy
1-ake Sm•icc% - EC 12Q
S_e S Church Street
Charlotte. NC 28202
hi Excavation For (Subdivision and Lot Ws or Other Project Name)
145 tem Hill Shoreline and Dredge
(Lake County,'City) Norman / Iredell / Mooresville
4f :�cant's full name) Sastisha & Ashwini Ghatpande hereby agrees to comply with all
recommendations, requirements and/or conditions of Duke Energy, General Permit(s) (if
az-,,nccahle) and other federal, state and local agency requirements pertaining to the application to
excavate for the purpose of a Access to exist dock with boat
In addition, 1/we have read and agree to comply with Duke Energy's current Shoreline
Management Plan (SMP) or other applicable guidelines, much of which is repeated herein, and
understand that written authorization must be obtained from Duke Energy prior to beginning any
activity within the Federal Energy Regulatory Commission (FERC) project boundary or on Duke
Energy property associated with a reservoir, collectively referred to as Project Boundary. The
excavation will be completed as described in the approved application and within eighteen (18)
months from the date of written approval by Duke Energy, unless specifically noted otherwise in
the application or unless Uwe obtain approval for a single, time extension (maximum of one year)
in writing from Duke Energy. Uwe understand that if the SMP or other applicable guidelines or
rules change during any extension period, I/we will be expected to comply with the new
requirements to the maximum extent practicable. I/we also recognize that failure to complete the
excavation within this build -out period will require the filing of a new application within the then -
current SMP or other applicable guidelines and the new application must include any applicable
fees and security deposits.
1/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project
Boundary where the excavation activity is to take place, or if not the owner or lease holder,11we
have included proof of title to the property and written authorization from the owner(s) or lease
holder(s) to carry out the proposal within the Project Boundary adjacent to their land.
1/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment
staging and disposal of excavated material or if not the owner or lease holder, Uwe have included
proof of title to the property and written authorization from the owner(s) or lease holder(s) to
carry out the work on their land.
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I ivc understand that all excavation work must lie done directly in front of nit�%ur property and as
si►eci lc\i in Duke Energy's appro\ al, I ► e also understand that access channels must run
perPcredicular to the shotvhnc while within the third of the cove area that is nearest rr vIour
PrrP:rt\.
/ )vc understand that 1k)r proposed exca\ ations, /,'ive must notify the appropriate local, state and
federal agencies in advance of the activity by sending them a completed copy of Duke Energy's
Excavation Vennit Application Fonee and other required information. Ave understand that
written authon: ation :ued or other permits may be required by some of these agencies and such
roqurrcd authon:ations must be obtained before Utve submit the final application to Duke
En: rg.\ .
At FERC-licensed reservoirs. Live understand that except for maintenance excavations, any
excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline
sta'►ili anon work needed to support an application that requires FERC review does itself require
apt ific re►ie\% and approval by the FERC before Duke Energy can issue any approvals.
I it e a_•ree that unless specifically approved otherwise in the application, explosives will not be
as part of this excavation activity.
I -i► e understand that every reasonable effort must be made to minimize any adverse impact on
fish. «-ildlife and other natural resources.
1 �, e understand that applicants in South Carolina proposing excavations that are not covered
under the General Permit, or are greater than 150 cubic yards, must receive prior written
authorization from the South Carolina Department of Health and Environmental Control
1 SCDHEQ or the US Army Corps of Engineers (as applicable) before submitting the completed
application to Duke Energy.
Tie agree that excavation activities will not occur during the months of March, April, May and
June because of the potential impacts to fish spawning areas.
line understand that trees and vegetation growing within or adjoining the lake play an important
role in its overall environmental condition, and the ecological benefit the vegetation has on fish
and wildlife habitat directly supports a sound and healthy lake environment. I/we also understated
that unauthorized removal of shoreline vegetation (e.g. button bushes, willows, cattails, etc.)
and/or disturbance of the shoreline buffer may result in suspension or denial of lake use
permitting requests, forfeiture of security deposits and require re-establishment of vegetation at
my/our expense, particularly if the disturbance is found to be in violation of state or local
ordinances or impacts FERC project buffers.
I/we agree all excavated material will be placed in upland areas, landward of the Project
Boundary, and confined to prevent erosion and sedimentation back into the lake or nearby
streams.
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1/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent
erosion and runoff into the lake.
1/irr understand that the double handling of excavated material will not be allowed; therefore, all
excavated material must be placed above the Project Boundary in one handling.
lhre have designed (lie hydraulic excavation process (if any will be used) so that return water re-
enter% the lake in the same general vicinity and cove as the excavation, to the maximum extent
practicable.
l,we agnti that the proposed excavation will not be for the purpose of creating additional
shoreline, will not alter the Project Boundary or the full pond contour, and will not impact
threatened or endangered species, historic properties, or environmentally -important areas, unless
.pedal public entity provisions were made in the application.
1 -re reco;nize that it is my/our responsibility to clearly locate in the field and label on my/our
work area drawings any areas that require specific protection or avoidance during this excavation
work. Examples of these protection/avoidance areas include but are not limited to, any
En-t ironmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke
Energy; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas,
,mater, sewer, electric or communications lines.1/we agree to provide my/our contractor with a
copy of these work area drawings showing these areas to stress the necessary protection
measures.
1/rre agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are
discovered during the excavation, work shall be halted immediately. Uwe will then notify Duke
Energy and the State Historic Preservation Office to determine what measures, if any,1/we must
pursue to protect or salvage the archaeological resources.
1/we agree that any excavation from within the Project Boundary will not exceed the volume as
outlined in the application and will remove and disturb only what is absolutely necessary to
achieve the project's stated purpose.
Uwe agree to be fully responsible for the permitted lake use and Uwe understand that this
responsibility is considered to transfer automatically along with ownership and leases of the
adjoining tract.
Uwe understand Duke Energy representatives may issue Stop Work Directives for violations of
the SMP or other applicable guidelines and other consequences may result from such violations,
including but not limited to suspension or cancellation of approved permits, increases in fees,
modification or removal of non -complying structures and restoration of disturbed areas at my/our
own expense or loss of any consideration for future lake use permits. Uwe agree to immediately
comply with any Stop Work Directives, to fully cooperate with Duke Energy and other agencies
as necessary, and to perform the necessary remedial actions within the specified time frame.
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1 ►tr a►:ne t,► ►lcvclrl► any re,luitvd mitigation plans and to complete any required mitigation
activitjes at $11v our o►kn cWense within the specified citric frames. /Ave recognize that the
cWavatj,►n \Notl, is not consttletvd complete and deposits will not he refunded until the
miU►:atiott tv,luuvntcnts (ifany) have Inca satislitctorily fulfilled.
1.wC Lphone when Ilse excavation is initiated find to ensure -that
.Along the e *'Rion period. Vwe will frost Duke Energy's approval letter in a clear waterproof
bat: at the job xilc and visible from the water's edge.
I ► C Z11M to nutifv Duke E'ncrgy in writint when the excavation is completed (including any
r.-qutry t Mitigation measures) and that the excavation was completed per the approved
a; pltcattrn, so a close-out inspection can be performed.
1 ►, c rc— ognize security deposits will not be refunded if any violations of the SMP, other
applicable guidelines, or this user's agreement occur.
I), c understand there will be no change in hydro project operations as a result of the excavation
and or utilization of the excavated area.
I - e ague to maintain the work area in a safe condition and to fully indemnify and save Duke
Energy harmless from any and all claims, liability, loss or damage that may arise from this
excavation project.
1-tii e understand that this user's agreement does not, in any way, constitute the transfer of any
nghts in real property and that m)/our use and enjoyment of FERC project and Duke Energy
lands and Haters shall not hinder the general public's lawful use and enjoyment of the same.
Sincerely,
>/ ram.
Applicant's Name (Print) Applicant's ignature
Co -Applicant's Name (Print) Co-App �ica�nt`sSigpat�uve
C-o-Applicant's Name (Print)
Cu-Applicant'e Name (Print)
Gu Applicant's Name (Print)
Co -Applicant's Signature
Co -Applicant's Signature
Co -Applicant's Signature
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