20201249 Ver 2_dredgeuseragreementford_20230912

Excavation Project User's Agreement Letter
(Please fill in the blanks. Please Print)
Date 8/29/2023
TO: Duke Energy
c/o Lake Services - EC 12Q
526 S. Church Street
Charlotte, NC 28202
RE: Excavation For (Subdivision and Lot #'s or Other Project Name)
131 misty cove lane
(Lake/County/City) norman / Iredell / Mooresville
(Applicant's full name) Stephen A. & Jennifer Ford hereby agrees to comply with all
recommendations, requirements and/or conditions of Duke Energy, General Permit(s) (if
applicable) and other federal, state and local agency requirements pertaining to the application to
excavate for the purpose of a New Dock
In addition, I/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 1/we obtain approval for a single, time extension (maximum of one year)
in writing from Duke Energy. I/we 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, I/we
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.
I/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, I/we 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.
Duke Energy Page 1 Rev: 4/6/2020

I/we attest to be the owner or lease holder of the tract of land immediately adjoining the area subject
to the Guidelines where the Facility is to be constructed. I/we understand the physical location of
my/our lot in relation to the common property line with Duke Energy (if any), the Federal Energy
Regulatory Commission ("FERC") or non-FERC Project Boundary (as applicable), and all deeded
flood easements.
I/we understand the Lake was constructed as a working reservoir for the primary purpose of
producing cost-effective electric energy and that this remains the Lake's primary purpose. There
will be no change in reservoir operations as a result of the construction or use of my/our Facility.
I/we acknowledge Duke Energy provides no guarantee of any specific quantities or quality of water
in the Lake. 1/we understand Lake levels will rise and fall over time in response to weather events
and reservoir operations and Duke Energy does not guarantee the Facility or Lake will have
sufficient water depth to be accessible by boat or for other water -related activities or uses.
Furthermore, 1/we understand that the approval of my/our Facility is for compliance with the
Guidelines and other Duke Energy documents related to the Permitted Use and is not a statement
by Duke Energy that the Facility is acceptable to any other governing body (i.e. a local land use
agencies), nor that the Facility will withstand any wear and tear; weather events; or reservoir
operations.
1/we understand during drought conditions Duke Energy may request reduced usage or
discontinued usage of any water withdrawal or related systems, until such drought conditions
improve. Failure to do so may cause possible removal of the system or any other Facility that I/we
may have. The costs associated with removal of any Facility or non -permitted improvement will
be assessed to the lot owner.
1/we understand the Facility to be installed and maintained are my/our property and I/we therefore
agree to be fully responsible for the Facility including maintaining the Facility in good repair. If
the Facility is deemed by Duke Energy to be unsafe or non -compliant with the Guidelines, I/we
agree to repair or remove the Facility at my/our own expense and within the specified timeframe
set by Duke Energy.
I/we understand I/we may need to obtain approvals from other entities including, but not
necessarily limited to, governmental agencies, quasi -regulatory agencies, homeowners'
associations, lakebed landowners, and others to authorize my/our Facility or Permitted Use.
1/we understand ownership/interest in a Common Use Facility or residential marina eliminates the
option of having a separate private facility on my/our owned or leased lot within the affected
subdivision.
I/we understand lake use permit holders have the authority to take reasonable and legal steps to
prevent others from trespassing on the Facility. I/we also understand, however, that 1/we do not
have any authority to impede anyone from pursuing lawful public recreation or enjoyment of lands
and waters subject to the Guidelines. Except as specified otherwise in the Guidelines, other Duke
Energy documents (e.g. Public Safety Plans), or a separate lease agreement, public recreation and
enjoyment includes, but is not limited to, fishing around/under facilities built by others,
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walking/wading/fishing within the area subject to the Guidelines, and boating in the Lake's waters
without having to get anyone's permission to do so.
1/we understand Duke Energy approval of the Permitted Use in no way constitutes assignment of
any interest in real property Duke Energy may have (i.e. land rights).
I/we agree to exercise all care and due diligence to preserve and maintain the character of the area
subject to the Guidelines. I/we agree to comply with the Duke Energy vegetation management
requirements as stated in the Guidelines. 1/we agree further to not allow sewage, including
discharge from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other
waste material to be discharged or dumped into the reservoir, tributaries or property subject to the
Guidelines.
Uwe understand the Facility shall be used only for the purposes described in the information
submitted to Duke Energy and other appropriate governing bodies for approval. I/we agree the
Duke Energy property and the land subject to the Guidelines shall be used exclusively for non-
commercial recreational purposes and that 1/we shall not rent or otherwise allow third parties
(except for temporary use by guests, family members, and leaseholders of the residential property)
to use the Facility.
Uwe acknowledge I/we are responsible for the locating of any submerged utility lines extending
from my/our upland property into the reservoir and ensuring the construction and operation of
my/our Facility avoids adverse effects to said submerged utility lines.
I/we understand trees and vegetation growing within the area subject to the Guidelines play an
important role in the overall environmental condition of the Lake. The ecological benefit the
vegetation has on the fish and wildlife habitat supports a sound and healthy Lake environment.
1/we also understand unauthorized removal of shoreline vegetation or the disturbance of the
shoreline buffer is not permitted. Unauthorized removal or disturbance may result in the
permanent revocation or temporary suspension or denial of lake use permitting requests for me/us
as well as future owners and lease holders. If the removal or disturbance is found to be in violation
of the state or county watershed buffer regulations or Duke Energy's vegetation management
requirements as stated in the Guidelines, I/we may be required by Duke Energy to re-establish the
vegetation.
I/we understand every reasonable effort must be made to minimize adverse impacts on fish,
wildlife, and other natural resources. 1/we agree to maintain any prescribed mitigation activities
that are required in order to gain approval for Facility construction, as long as the Facility exists.
Uwe agree that if any historic or archaeological resources are discovered during construction of a
Facility Uwe must stop work immediately and contact Duke Energy. 1/we understand that in the
event that anyone discovers a potential site of archaeological or historic significance (whether
during construction or not) including any gravesite within the area subject to the Guidelines, the
individual must immediately notify Duke Energy.
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I/we acknowledge Duke Energy has the right to charge reasonable user's fees for private use of
the area subject to the Guidelines and failure to pay any applicable user's fees in a timely manner
can result in the suspension or cancellation of any previously approved lake use permit.
1/we understand Duke Energy representatives may issue Stop Work Directives for any violation(s)
of the Guidelines or engagement in prohibited acts or activities as specifically identified in the
Guidelines. I/we understand persons found to be in violation will be subject to Duke Energy
sanctions which can include, but are not necessarily limited to: 1) restoration of the impacted area
at the person's expense; 2) loss of consideration of future lake use permitting activities for me/us
as well as future owners and lease holders; 3) permanent revocation or temporary suspension of a
previously issued permit for me/us as well as for future owners and lease holders; 4) increase in
fees; 5) modification or removal of non -complying facilities; and/or 6) further legal action being
taken by Duke Energy.
I/we agree to comply with all applicable FERC orders (as modified or interpreted by FERC), with
all other applicable FERC Rules and Regulations implemented by Duke Energy, and with all rules
or regulations imposed on Duke Energy by any governmental agency. I/we agree not to allow any
use of Duke Energy's property, and will exercise due care and diligence to prevent all other persons
that are affiliated with my/our property (including invitees, family members, guests, etc.), to
violate an applicable federal, state or local law or regulation. Examples include, but are not limited
to nudity, illegal discharge of firearms or fireworks, controlled substance abuse, public
drunkenness, public urination or defecation, or other activities determined to be a nuisance by law
enforcement officials.
I/we specifically waive any claim against Duke Energy for consequential damages arising out of
or relating to this application, Duke Energy's approval or denial of it, or subsequent revocation of
approval, and I/we specifically understand and acknowledge that, because Duke Energy can revoke
the permitted use at any time, I/we am/are not entitled to reliance damages.
I/we agree for myself/ourselves, members of my/our family, guests and invitees that I/we assume
all risks of personal injury or property damage incident to my/our occupancy and use of land owned
by Duke Energy or any land subject to the Guidelines, including, but not limited to, any personal
injury or property damage which may be sustained as a result of flood waters or in connection with
the rise and fall of water in the reservoir as a result of floods or of the operation of Duke Energy's
reservoirs. 1/we as the adjoining property owner(s) further agree I/we will indemnify, protect,
defend, and save harmless Duke Energy from any and all loss, cost, claims damages, expenses,
judgments and causes of action for all injurics and damages sustained by the members of rray/oxen
family, guests, and invitees arising or claimed to have arisen in connection with their occupancy
or use of the Facility(s).
1/we agree if any action is taken by Duke Energy to enforce any provision, covenant or agreement
contained in this user agreement or the Guidelines or if Duke Energy is required to retain an
attorney to enforce any provision, covenant or agreement contained in this user agreement or the
Guidelines (including, without limitation, the payment of fees due hereunder or the removal of an
encroachment constructed in violation of this user agreement or Guidelines), then Duke Energy
shall be entitled to recover all of its reasonable costs associated with such an action to the extent
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permitted by law, including but not limited to, attorneys' fees and court costs incurred in such
action and/or enforcement.
I/we agree to fully disclose all information regarding the Facility to any prospective
buyer/leaseholder of the property and any new owner/leaseholder. 1/we agree to notify Duke
Energy immediately of any sale or transfer of the property, including the name and address of the
new owner and to transfer the permit or Duke Energy lease to the new owner.
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Lake Street Address
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Date
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