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Home My WebLink About20240411 Ver 1_More info receivedDuke Energy Lake Services Guidance for Completing an Excavation Permit Application Note: If you are proposing excavation in association with the permitting of a new or expanded facility under the Marina or Conveyance Programs, you do not need to complete this application. Instead, you should incorporate the excavation request into the permit application for the marina/conveyance using the appropriate application. Step 1: Contact Duke Energy Lake Services Complete "Part I" of the application and develop a drawing of the proposed excavation area. Contact Duke Energy Lake Services to schedule a site visit. Lake Services will conduct a site visit to determine if Duke Energy will accept an excavation permit application for the proposed work. If the Lake Services representative determines the application process may proceed, he/she will initial Part I of the application. r Step 2: Draft Application Development . Complete Parts II-III.A-G and Part V of the Excavation Permit Application. Step 3: Agency Consultation Send the draft application developed during Step 2 to the agencies for review and comment on the proposed activity. Refer to the Agency / Organization List available from Duke Energy to determine which federal, state, regional, and local agencies and organizations require consultation or review. Note: Duke Energy reserves the right to require consultation with additional organizations beyond those included in the Agency / Organization List. Each agency / organization must be provided at least 30 days prior notification. Evidence must be provided (e.g., response letter or Certified Mail receipt) in the complete application to show each agency / organization was given the opportunity to review the proposal. Consultation letters must be dated within the two years preceding Duke Energy's receipt of the application. All permits must be valid at time of application and have a term longer than the projected schedule for completing the permitted project. What to Expect During Agency Review and Comment: • You will typically receive a letter from each agency / organization either documenting its concurrence with your proposal, requiring additional information, recommending modifications, or offering no comment. You must address each agency's / organization's comments with a follow-up letter and in your final application as described in part IV. • If you do not receive any documentation from an agency / organization within 30 days of its receipt of your proposal, you must provide the agency / organization with a follow-up letter requesting comment on your proposal within 15 days from the date of the follow-up letter. If you still do not receive any response as a result of the second letter, type "NO RESPONSE" Duke Energy Page 1 of 13 rev 11/2=1 Excavation Program at the top of the follow-up letter and include it in the application along with proof of the agency's / organization's receipt of the letter (e.g., Certified Mail receipt). You may proceed with the application process recognizing, however, that if its comments come later in the application process, you will be required to address them. • From the United States Army Corps of Engineers (Corps): (** Note — The Corps may have additional forms to submit for your proposal and an additional fee.) If the excavation can be done under the requirements of the General Permit (GP) or a Nationwide Permit (NWP), you will typically receive a copy of the Corps' tear sheet documenting authorization and providing any additional instructions. If the excavation isn't covered under the GP or a NWP, you'll be required to obtain an individual 404 Dredge and Fill permit from the Corps. You must receive written documentation from the Corps that your application either (1) meets the requirements of the GP or a NWP or (2) the proper 404 Dredge and Fill permit has been received before Duke Energy can process your application. • From the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources: (Note NCDEQ may have additional forms to submit for your proposal and an additional fee) If the proposal meets the requirements of the Clean Water Act Sect. 401 Water Quality Certification, you will typically receive a letter from the NCDEQ Division of Water Resources documenting Sect. 401 Certification and providing any additional instructions. You may also receive a letter requiring additional information or . recommending modifications. You must receive written documentation from NCDEQ noting any required Sect. 401 Certification has been received before Duke Energy can process your application. • From the North Carolina Wildlife Resources Commission (NCWRC): If you do not receive any documentation from the NCWRC within 30 days of their receipt of your application, you may proceed with the application process without submitting a follow-up request, recognizing however if comments come in later in the application process, you will be required to address them. • From the South Carolina Department of Health and Environmental Control (SCDHEC): (Note — SCDHEC may have additional forms to submit for your proposal and an additional fee) The SCDHEC conducts a joint application process with the USACOE in S.C. If the proposal meets any applicable requirements of the Clean Water Act Sect. 401 Water Quality Certification, you will typically receive a letter from SCDHEC documenting Sect. 401 Certification and providing any additional instructions. You may also receive a letter from USACOE requiring additional information for the'agencies participating in the joint application process. You must receive written documentation from SCDHEC noting Sect. 401 Certification has been received if required before Duke Energy can process your application. • From the South Carolina Institute ofArchaeology and Anthropology (SCIAA): The applicant must wait 30 days after receiving the signed postal returned receipt. If a response from SCIAA has not been received by this time you may proceed with the application process without submitting a follow-up request, recognizing however if comments come in later in the application review process, you will also be required to address them. Duke Energy Page 2 of 13 rev 11=1 Excavation Program Step 4: Final Application & Submittal to Duke Energy Following the consultation process, finalize the application. The final application submitted to Duke Energy should incorporate all comments and recommendations provided by agencies and organizations during the agency consultation process as well as copies of all permits received. In addition to the final application include the following: • One check payable to Duke Energy for the application fee and security deposit • If applicable, a separate check payable to the appropriate Habitat Enhancement Program fund • Signed Excavation Program Applicant's Agreement Note: Co -applicants must also submit the application fees and applicable HEP fees with the application. Duke Energy Page 3 of 13 rev 11/22/21 Excavation Program Duke Energy Excavation Permit Application Form FOR DUKE Duke File Application Fee $ Security Deposit $ Check 4 Date Recv'd Initials Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Date`s EL_t' {, Initials t i�i'✓�r Date Final Protection/Avoidance Area Markings Field - Verified Approved to Start Work By * : Date Completion Required Date Passed Closeout Inspection* (Prins) Date of Any Approved Extension Initials Initials Initials Any Stop Work Orders or SMG Violations*? (check one) OYes ONo (If Yes, explain in PART V) Date Date Deposit Refunded Initials Date Permit Database Updated Initials * Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work Part I.�QAppli'cant Information (Please Print) Name I)CL1/j �O X Telephone %04'ZOI - 5Z5% Email address: b P_C V)\l a, )X (E� p 1M( l 1. C 0 w) Lake i dress , ��oYesvllle. NC 2�311-T Contractor Company Mailing Address (if different) Contractor Contact Person NY Y-)n ? 4 ct ) O Telephone '3D I - &Zjq "CpD9b Contractor Email Address: NE LAKE LOT INFORMATION plt, Lake Nor ryta County rPA P I I City r vl l State N C- Tax Map No.4i,E�71co Subdivision L (y ieNl2W Par K Lot / Section No. 14 Lot Size AoAcres Duke Energy Page 4 of 13 rev 1122/21 Excavation Program i , r AM Duke Energy Excavation Permit Application Form Security Deposit Refund Information The security deposit will be refunded after the excavation permit has expired if no violations of the approval occurred. The applicant will receive the security depost refund at the mailing address in Part I unless an alternative recipient is identified. Send the security deposit to an alternative recipient? (check one) .L Yes ONo (If Yes, include name and mailing' address, Ibelow. ,1 Name: I ay-ayS� L lr JO i ) l, Tax ID: 510 —1q3 � q44 Mailing Address: Are there any Co -Applicants*? (check one) ❑Yes )3�o (If Yes, include names, street addresses or lot numbers, pier numbers, phone numbers, and email addresses in Part V — Additional Information) * Co -Applicants exist when the proposed work is being done under a single application, will be performed by a single contractor as one continuous project, and is done to benefit multiple owners / lease holders of Project -front properties within a single development. There can be no more than 4 co -applicants in addition to the lead applicant on any application. Do not continue the application until an on -site inspection has been conducted between a Duke Energy Lake Representative and the applicant and/or the excavation contractor. NOTE. Initialling this portion of the application by a Lake Representative in no way constitutes approval or eminent approval of the excavation or any other lake use permitting activity. Date of on -site inspection -- Initials (Duke Energy) °.�'��- � I (applicant/contractor) Duke Energy Page 5 of 13 rev 1122/21 Excavation Program Duke Enerav Excavation Permit Application Form Part II. Description of Project A. Basic Information 1. Type of excavation: (check one) blew excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) ❑ Boat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel 1 0Other(specify):'R.eMcN&Baclh�ill 5-o✓Yl Fro'lec+ bomnCl0.Yy Lake user category: (check one) .01�rivate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (specify): 4. Max. Excavation Area Dimensions (ft): Length 14-y ` Width 7, I Depth �2 (Note: include additional area dimensions if necessary so response to #5 below equals max. area dimensions in #4) // /^� 5. Volume of Excavated Material (TOTAL for the project): / (00 Cubic yards 6. Type of material removed (applicant determines b field sample i ractica : d s, l-� 7. Excavation Site area: Acre (s) Disposal Site area: 07 Acre (s) 8. Total Disturbed Area (including equipment staging area): /,�- — Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) Oyes ❑No 10. Do you claim title to the disposal area? (check one) ❑Yes ,CNo 11. Do you claim title to the equipment staging area? (check one) ❑Yes E No 12. Are there any water-treatme facilities within 50 feet of the proposed excavation area? (check one) ❑Yes =o (If Yes, spec fy): 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control elan and disposal area desien): -B0. llecl lr%oppem MCL-e.ri1L1S WIII bowq es be. a-XCC /' F�ovn bat U�dkrnpiYuc s to be ayt Wcci2r 0.✓ld loa e5i of d!sposa( laced iv, Mv-ecL. Tv,e 6hov e l: ale ill be s to pe�cxnd Sha�ccl Fxt c S iv Ov- ,ncc A r i r; (Ind l Vj r (!a✓l� J Ilbeev-y1ploy -to mIV) Ik-viIZe m }rcc�o Duke Energy Page 6 of 13 rev 11/22/21 Excavation Program I �f •r�%�.�iti•-x.){�Ji j .^i�1 r l� �� '1��.�� ! j7' iyJ._l�.j�.� ��,!�11r'/,`�'i� t �. � J i •If.-i•-S��rlr �•� �i!•i.)�� 1�`�-'✓��..1 J •Y�i-1'�'�•�•..l�r�.)J.),I.y ._'�F.1 ; � 1 ,r �'.1.-� !' � -- - `1 ; r- ,.! � _ i >► � j.►.1 i'�'�=71.�_`.,1 �`}`� `�L� r..ii~ � �� iM}.t )'� �,.'i .)).�) . __� f - !� �_ • +` 1 `t. 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' • 1 + ` / 1 ) `i la•i�i ti+ •:_'.�t '• '-1 ir'y -ter • I + T�;. �>>t-•r� � 1 �" t t � �..�-� t_� �C .)�ii � j�;J":l�.i� _.tC )S �• � .i + • I j �� - �1 `j' 1 ��. �.. �� t l�: tJ �� ! �.i �� < <a ! •' �i t.'•=' "1 i� � "4..� �•� _i. i --• t r'. ! •�: i� l:a �+ t � ! � '... 1'j. `1.� 1..! �. f•j '�'�- .� . � + � • ''' -� �'� C 11 '+ j ('+-� i C + a .ice t3 �7 ��+ j : { + t j ! f 1 i S Duke Energv Excavation Permit AnDlication Form 14. Type(s) of excavation equipment to be used: ages, clump -Irudl '5' 10VI read) e CaVa'iV ^ Sh o c v-+- 1r-eah eY CoLV q-}Dv bob Cat 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) gYes ❑No (If yes, explain) TJvec- lani- � LAV Cus-�awNocS'O ce 464-c3v n UM 0-r-ro5s L4Ke 'rah +D Aro eC} locre4 or1. 16. Will return water re-enter the reservoir? (Check one) ❑Yes ❑No */A I Yes, s ect oint(s) ojre-ent7y and show on Excavation Area Drawing) 17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? ❑Yes J�No (If Yes, provide the existingpermit number. If No, include a scaled drawing of the proposed y facility). Permit# &j 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measurej complete): START / FINISH _z9j (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 112221 Excavation Program Duke Ener¢y Excavation Permit Application Form Part II. (Continued) B. Protection / Avoidance Area Description Complete the following table including all land areas within and immediately adjoining the disturbed area: Protection/Avoidance Areas Aoprox Identification Method * Avoid (A) or Mitigate (M) Acre Field ID Work Area Dw . ID S *1 (check all that apply) a. Marshland, swamp, ponds, beneficial aquatic vegetation or other potential wetlands �/� circle all that apply) b. Buffer Zones (specify width & source of requirement) 6xcava}iov� w.l ! be aCCo atphIte a t-]titon F,Shor-Freac%exC¢v% loaded; C $¢ r kctccmP gqegg4r!dirrki rtedt I l hlt',tJri Inalonio'arutt y �, �0 PC Jr? n r c. Environmental Areas as identified by Duke Energy d. Natural Areas as identified by Duke Energy e. Historic properties (sped) ^^ // A/A f. Rare or threatened species (specify) q g. Buried gas, water, sewer, / communications or electric lines circle Duke Energy Page 8 of 13 rev 11/22/2021 Excavation Program :�: :. •-� :-_. -' _ .. �' r �':� ,. i'L F r� �%� �'� Duke Enemy Excavation Permit Application Form Protection/Avoidance Areas (check all that apply) Approx Identification Method (x) Avoid (A) or Mitigate (M) Acre Field ID Work Area Dw . ID h. Impact Minimization Zones as identified b Duke EnergyV n //� i. Odier areas requiring specific avoidance, protection or mitigation (specify) ,t //A- * For "Field ID" column, specify entity or person that performed the identification and how it was physically marked (e.g. Duke Energy (John Doe)/Pink and purple -dotted tape, Corps of Eng. (John Smith)/ yellow flagging). For "Work Area Dwg ID" column, show the symbol that is used on the drawings to identify the protection/avoidance area. * * List and attach mitigation plans Duke Energy Page 9 of 13 rev 11/=021 Excavation Program Duke Ener¢y Excavation Permit Application Form C. Applicant's Signatures Comments: Applicant Name (pri Applicant Signature nt) r * Date 5 -Zn z4- / Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date *Per my signature, the information provided in this application is correct to the best of my knowledge. Duke Energy Page 10 of 13 rev 1122/2021 Excavation Program Duke Energy Excavation Permit Auulication Form Part M. Additional Information A. Deed and Survey Plat: A copy of the deed and registered survey plat or other instrument under which each applicant and co -applicant claims title to the affected property (the shoreline adjoining the excavation area, equipment staging area, area crossed by any spoil and return water lines, and the disposal area). If the applicant(s) is(are) not the owner(s) of said property, then forward a copy of the deed and registered survey plat or other instrument under which the owner(s) claim title plus written authorization from the owner(s) to carry out the project on their land. B. Excavation Area Drawing: An accurate drawing of the area to be excavated. The drawing must show at a minimum, a North arrow; the boundaries and acreage of the proposed excavation area and equipment staging areas; lake, county, city, cove, tributary, road and subdivision names and lot numbers (as applicable); property corners for project front lots; the full pond elevation contour and lines dividing the cove width into equal thirds (as applicable); approximate volume in cubic yards of the material to be excavated; point(s) of return water re-entry; the boundaries of any adjoining areas that are to be specifically avoided or protected during the work and the location (address) of the disposal area for the excavated material. [NOTE: A copy of this drawing must also be provided to the excavation contractor to ensure restricted areas are not impacted.] C. Disposal Area Drawing: An accurate drawing of the proposed design for the disposal area. The drawing must show at a muumum, a North arrow; the boundaries and acreage of the proposed disposal area; lake, county, city, cove, tributary, road and subdivision names and lot numbers (as applicable); the full pond elevation contour (unless disposal is well away from the lake); the boundaries of any adjoining areas that are to be specifically avoided or protected during the work; the location (address) of the excavation area from which the material came and a statement of the disposal area's capacity with all dimensions labeled that were used in the volume calculation. [NOTE: A copy of this drawing must also be provided to the excavation contractor to ensure restricted areas are not impacted.] Also note for projects larger than one (1) acre in North Carolina, including excavated, equipment staging, and disposal areas, you must submit an erosion control Ulan. For projects larger than two (2) acres in South Carolina, including excavated, equipment staging and disposal areas, you must submit an erosion control plan. For projects < two (2) acres in South Carolina, you must submit a completed standard reporting form for construction sites disturbing two (2) acres or less to the South Carolina. Dept. of Health and Environmental Control (SCDHEC) - Stormwater Management D. Vicinity Map and Driving Directions: A vicinity map and directions by road showing directions to both the excavation area and disposal area. Include the latitude and longitude of both the excavation area and the disposal area. Part IV. Agency Reviews and Approvals Begin this section with a summary table of all agencies consulted and applicant response to agency comments as shown in the example table below. Agencies should be listed in the order Duke Energy Page 11 of 13 rev I 22/2021 Excavation Program Duke Energy Excavation Permit Application Form shown in the Agency/Organization List. Consultation letters must be dated within the two years preceding Duke Energy's receipt of the application. Table IV-1. Sample Agency Comment and Response Table Agency Comment Applicant Response A enc 1 The activityis a roved as proposed. NA Agency 2 The on -site well provides drinking water to the Contacted Mr. Smith on 1/l/20xx. No public. Please contact 1&. Smith to discuss the further action needed. proposed changes and potential issues associated with your proposal. You must contact us immediately if Applicant will contact Agency 2 if endangered species are located during the endangered species are located during course of construction. I construction Agency 3 Requested agency comments on 1/l/20xx and NA again on 2/1/20xx. No response as of 2/16/20xx. Agenc y 4 Section 401 Water Quality Certification Applicant will comply with the conditions of the 401 Water Quality Certification Following the table of agency comments and applicant responses, include a table of permits and certifications issued by the reviewing agencies. As with the table of agency comments and applicant responses, agencies should be listed in the same order as they are listed in the Agency/Organization List. Table IV-2. Sample Agencv Permits and Certifications Table Agency Permit/Certification Name Date of Date of bsuance Expiration Agency 1 Surface Water Withdrawal Permit Agency 2 Section 401 Water Quality Certification Following the two summary tables, include a copy of all correspondence to and from any local, regional, state and federal agencies or other organizations with which you are required to consult, including any required permits (e.g., Section 401 water quality certifications, Section 404 dredge/fill permits, building permits, etc.) or other approvals or comments which have been obtained from these organizations regarding this activity. Include a copy of any local, regional, state or federal regulations or guidelines that will be followed. All permitting issues must be resolved and clearly documented. Correspondence should be organized in the order the agencies are listed on the Agency/Organization list with the applicant's request for comments followed by additional correspondence in chronological order. All permits must be valid at time of Duke Energy Page 12 of 13 rev 11=021 Excavation Program Duke Enern Excavation Permit Apulication Form application and have a term longer than the projected schedule for completing the permitted project. Part V. Additional Information Provide relevant additional information. Reference previous parts as applicable. Include the FERC-required Environmental Assessment if you were directed to do so during the initial site visit. If there are co -applicants, this is where their information would be provided (see Part I). Duke Energy Page 13 of 13 rev 11/2=021 Excavation Program 0 ..do% l Doc ID: Recorded: 81%0$/2o0050atii Te: CRP Fee Amt: $i.3i7,p0 pale 1 of :02 AM Exclss Tax: $1.300,o0 Iredell county, kc Brenda D, 8e11 Register of Deeds 1BK 1613 F49 7-1 QQ 9 V NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1300.00 Parcel Identifier No. By: �,erificd by County on the day of , 20_ Mall/Box to: WILFORD V. WEST, IV 618 N. MAIN STREET MOORESVILLE, NC 28115 This instrument was prepared by: LAW OFFICE OF WILFORD V. WEST, IV Brief description for the Index: Lot 149 LAKEVIEW PARK S/D THIS DEED made this 29th GRANTOR JAMES OSCAR HENSLEY, JR. AND WIFE EMOGENE V. HENSLEY day of December 20 04by and between GRAN*rEF. LANCE FOX AND WIFE BECKY FOX 371 CAM?NO REAL ROAD MOORESVILLE, NC 28117 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Township, _ IREDELL County, North Carolina and more particularly described as follows: BEING all of Lot 142 LAKEVIEW PARK SUBDIVISION, as shown_ on plat thereof on file in Plat Book 7, Page 5, Iredell County Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 599 page 432 A map showing the above described property is recorded in Plat Book 7 page 5 NC Bar Association Form No. 3 0 1976, Revised it 1977, 2002 * James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamcsWilliams.com J 9�*' TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: AD VALOREM TAXES; ANY RESTRICTIONS, EASEMENTS AND RIGHTS OF ktAY OF RECORD. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (SEAL) (Entity Name) dJAMES OSCAR HE)\SLEY, JR. 40 (SEAL) By. 0 EMOGENE . HENSLEY Title: x z By: (SEAL} Title: Q .a m By: W (SEAL) Title: ,`\`0%111 11/1' State of North Carolina - County of IREDELL 1 z � �� ' ' . ' ' ��'4 �x I, the undersigned Notary Public of the County and State aforesaid, ce tha J �'• SCAR ARY .O `z HENSLE TR. AND EMO ENE V . HENSLEY nally be f me this day and t j ; �0 V PU I(; acknowledged the due execution of the fbregoingWentfborrA t rein d. Wi y • � , Exp• hand and Notarial stamp or seal this day De _ 2CO4. •f( — A211-05 �. 2�; ccm %� ' • . � w My Comission Expires: 12 / 11 / OS 14C'" �` = ota-;ivb<c State of North Carolina - County of y, 1, the undersigned Notary Public of the County and State aforesaid, certify that -a personally came before me this day and 0 acknowledged that he is the of za North Carolina or corporationtlimited liability company/general partnership/limited g partnership (strike through the inapplicable), and that by authority duly given and as the act of each entity, U he signed the forgoing instrument in its name on its behalf as its act and deed. Witness my hand and o.a Notarial stamp or seal this day of , 20 My Commission Expires: Notary Public J State of North Carolina - County of z 1, the undersigned Notary Public of the County and State aforesaid, certify that UWitness my hand and Notarial stamp or seal this day of , 20`. My Commission Expires: Notary Public The foregoing Certificate(s) of This ' ment and this certificatea duly regist t the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for a&tlC. County g Deputy/Asswwt - Register of Deeds is/are certified to be correct. NC Bar Association Form No. 3 0 1976, Revised z' 1977, 2002 * James Williams & Co.. Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliains.com DA UM Fa wo wrM3-FA71Fas TDInEDD / / b :., •�;r�"'� :::::'rid:: / TRf1167M:TPFMPnWnNCPTNAM 'sPffiJ1LIM7ARDARBIWAS9AStO10WA0N V CR1gf R00DRUWAMZRKMMP a01EEJIQIY IAIIa MUFEM9t37I0NitS001 �! @FDi7M DAZE slla/200R. Ra a = OF-O�IFDSR001O ziF-LIONR l= FROF9t[Y8JLwTUAWF#CISMWW1Y68 =-am RtOUwr syw-mw WAY 095LZ0M SYA Rif A1D)A00AtAZ[1M SUMOL ym. ,0➢dlOUTMM= NtOFODIYSUBMZ'aFAS80MANDloan aFwAY • -waL 0FRW=ANoT106ENDTaFRWw63FAN767D1.T. j! -Fam"m ..DONIlf1ID RDit AM S~ aDORDDtl1ZIICo"PUMUMIL .•NMO PI NAY SS WSSFlD OOY9t106tTPLaRDDW10.'S mFistiY xaaANoart®C natsmN®6maTaav�DN AND DEvaawCERr of FFMALRZiALlsTAZL — s MOSUS UWAMMSURMFUMM®ATIMUM Vb*ovmw - Nottvsub LrAMLOWlffz.Cm3m ETIMRATNOKlR9M UM asmw FWMAODi FWEADfDFOf3MI , C) ASR ><o®l=muimw&Kaww,"ms nRaTmwoaONoaRsrsuoA�mAseassw ASwM AIDMiQ!!t01SIDNONRMtFa= 3MTW ZIEfAZDOFRidZSalASQiDJAS�T===AWMW Z!EGQAMKNrfTli[OIfitS88[Ls1iSB pmwsu9EDW RMICs1tAPW=QFZNSEABAMID IM Ela[01190MaNRLN wiZum CVZCFSX MaAssA R� �rJUNEWCEMORMUMM o�ao 66!!ae IFJC CMW— sASMWCF EDSMRVMLaNE®sCF UMORosOANtsa tAssec =WMNTd=AMWWa;0sAt0EMU=M0 t1tR llal@SSME BBIisOFTMXMlGRSOF PIUMLom +,ga+��e�nhy,, lElt8=ETIIMWWGXDitL=XMWQF0E9ES,7IDt FIaDEOIflUF &U MORl971 MMMfLOWB K 5 arms Au DF tar s. - LAKtWM KW SU80WM=- ASRMDMWDtFs.7,FD:S-aEXsLa WffFZ TRY. tosm� Total Area., 21,337.96 Sq. FL 0.490 Acre FRSvetTYa m1Ed: RTZO-attDas.oDtMttYmlmtDxi0�L7foLL PADM YS6tA ='FOA37FMffYARDM3rFMRYARDOM • 19 SmEMpARD OsYI-IaOi<it MmaO1P sliMlOtIDC FHtD03)F31 GwAny20NwarzoL L - ffWM YSWW=TDAWYEY,MT=MRfUtM-fRONa0t60MM- 0 30 w so mRwj3 BLcAiittYZalatODaRDDgND? surwafibn JORDAN't Lance Fox GRANT °�°®°' � ENG[NEERING•SURVEYING•PLANNING owFet103-M JORDAN GRANT &ASSOCIATES. PLLC P.O. BOX 151 • STATESVILLE, NC 28887 VM0r-0W.U-Z5-M VAWffMM12- = (7" 92B-790 REMM: OPAWM RM20ZMU90M FIRM S P-1227 37:cAFina�SLRaNDoas�rDi�,oe2iin DAVi060N—ttnme.Lcou[rY— Noah Cr�otntA Proposed (Plan View) Full Pond/ Normal V Shoreline La ke (At Full Pond/ Normal Water L t-o 1 �Gv wry p.�Ghho Conte i��r c9 Lake (At Full Food/ Normal Water Level) Existing Dock 30 ft. 7 ft 3 ff x 350 ff Belm full pond/ NWL Full Pond/ Normal Waterer ror�ellne _ Riprap aM=ft Above full pond/ NWL l ft.. 350 N. addblonal clearing • if neeeeeary E AMPLE Plan View x ► 43' _ �435� Proposed (Side View) La ke z (At Full Pond/ Normal Water Level) 0 v 0) a� v 0 i7 7 L 3 ft. below full pond water level A ft. above lull pond water lowl •if nxessary Existing bank 10h(et.Bbank �Koea 1886 M. WIREMb OV-ONI SVNc m.emxemrsn w-RaRasar xo-w.mxwammn aM _mObVl®N°I� /ap°4 Rvu �vw+ r .� \(7 v �tOk� ,, � e Va neaww 90w1RR aP�m / 4�/ r �. MSY816TMP9RY610fm♦ •srtouiwunuu•u RRwxw RwRARRm voasxxunEsw mmwn'wisxw�mawsoR mameure vsvnm a� °� vnmam ®cAuowru-wuwai wwRmmmmx- ua®sommrar,sv s-uasummR® mo¢ Np91Y 6ID1®: 0.-m. ®L QAMY IIlOri l� rvneasv a swat ro A a nnxrrum Pry a wcx mim mrmcxm m�-smo�nemunznc�a�werE a�w¢ NIdE[M1 65wIH.TtOA W V9ZlA1MRI91(VR-R F20. PIDfl1 Wwirmm�w0➢RIiL ramcorvaiarrourRicrsMrRsrc I RA. en®n A Ru uo /mvnre rme cool R �.we0;rmusBes�sivo Ramawu A10f110g N! V RH410.P4RCa4l. MP mOAWYNR QMRAiB11l. noamsuresasrrom�cmmsrKwwuxQs ENGINEERING• SURVEYING- JORDAN GRAM B ASSOCIP 6 ra ssesscaRPAw ancrsevws�Arsscmc P.O. BOX 151•STATESVILLE MNL(iW@jwtleRgmtmn (ID1)! FIRM # PA227 THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF LANCASTER'S DOCK& LIFTS SYSTEM INC. ANY REPRODUCTION IN PART OR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF LANCASTER S DOCK & LIFTS SYSTEM INC. IS PROHIBITED. ALL DIMENSIONS USED IN THIS DRAWING ARE NOMINAL I o c m o o n 3 m N j ro C 3(n ao v rm p� o m n o / d m > 0 o w m m >. D� � m ISSUE 12 06 23 CLIENT O Becky and Lance Fox DRAWN BY 371 Camino Real Road M.H. Mooresville, N.C. 28117 Lancaster Custom Dock and Lifts 1156 Perth Road Troutman North Carolina i' e.. a _ .I s. •e. Project Name �t t lton�di Parcel #: _I!t Parcel/lot size Disposal area required (cq !t end/or acreage) re l an rules regaking sediment and co rol and a that the site must adhere to all state r q ri• d glv perm foregulations Individual and Compa�arooslon iO o"si ose O` their dredge material at the above stated location t r IIate s s�f, Sagna ure A:crC •whh f, rm 1:�L,;,•' provide: :aerie: cl t,3-ce!/ict (County GIS) pi of proposed spoil site Identified proposed 'poll site i:tiooM •;�i��:�J ��t ��}1 t1��5G tit 84g tw+h (Lo+s 4 5� —T,rou-�maY), NC. zalUo _.ANPk-._. M i • E;!. {i t4.a' v� .�.s •t. is •.f�./ls e.9•,1(kYh.wi M.plX�1�'F= '•-•'s7�•W• J•'w�'7t.•✓•7�.:-Jq�.:'ri%a•'t'..,,.%.A!S"[4 li'.i :k:��ptt4.•••..Y! d :t Wr•:� ♦ti"...'::;,:•'^�i:tj':•1'••r:'�' • �.••HY fG •_1'r}�riin-:.•.t•:•.hJ••k.•..:; As'.ts: v.• �Z: •'�f. flo0� p g 0! PG 1356 �► ZUDMI . GMUM STATE OF u-ss-w $150.88 Real Estate Excise Tax Tax FILED IREDELL COUNTY 931101115 PH 3: 13 BRUN D. BELL Recorau a Tuft Boots sad page TaxLot No...................................................................................... Parcel Identifter No............... . ..- .... ................. ....................... Verified by .«...:..................... ^Y ............................... County on the . ....... day of ........................................ 18. ......... by.................................................................................................. ..................«........«. No TIT" OPMON >tBMEM Mail after recordlrtg to ............................................................................................ ................................................................................. ....................... .................« This instrument. was prepared by .. Jo11a• McLain Massgq, Attorney,; • P.•„O. Box I22, Statesville, NC 28687 _ ......... .. ... ..... .... Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED T8i8 DEED made this ..lOth day of .. November , is 93 . by and between GRANTOR PAUL C. WAGNER and wife, HARM R. WAGNER, of Iredell;, County, North Carolina GRAD TEE DOUGLAS ALLEN RAMME, of Iredell County, North Carolina Dialling Address: Route 5, Box 571 Statesville, NC 28677 84 is 89Pop:4te bb a tar mb guy►: —nm address and. 9 appOPUIP, character of enuW. e4. alrgatat% A The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and a signs, and shall include singular, plural. masculine, feminine or neuter as required by context. WITNB8SETH. that the Grantor. for a valuable consideration paid by the Grantee, the receipt of which is hereby, aclolowledged, has and by these presents does grant; bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Citr of N/A. Barringer Township. Iredell County. Forth Carolina and more particularly described as follows: BEING sH of Lots No. Four (4) ad Five (5) of Trautman Business Park as the same is platted, plaMd and racmded in Plat Book 19. page 63, Laden Caumy Raosuy. The above -described proPMy is bang waved s*M to the restrictive (*V=aats recorded in Book 86Z pp 1216, IreM Counly Regtstcy. KGmrAssoc.FaunKa39IMM%&drIgn-anoaIV. Vea- .. cttan a':�.t ;tir•;�..••v,nw�nty�"• Jp :yr. a YtrKev LCsif ;••'�•°J i{ • �'y..:'ti�li� • -. t �r"' . • !'' ^'.' .?.•{ '•!Rf -;'. S+ • -i•.:. n f '•RNA �:i - e:, :'•", Y �. ., •t•:Y. BK0901PSI 357 The property hereinabove described was acquired by Grantor by instrument recorded in .... ............... .........-............................... .........................................................................._....-............................................................................................................................................ A map ahowing the above described property is recorded in Plat Book ................................. page •....................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee In: fee simple. And the Grant�r covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the rigbt to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title �;ainst the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: My and easements ements for public roads and utilities that may of fact the premises and the restrictions herein set; out and referred to. IN � Dr � dul3r aumodled otueees�sad iIS se i toosot ae�hete band a&tnaCd ey s thU comamo Its Ba tea of f fade MW a � � (Cotpaeate tiatue) Paul C. Wagner Br------------------------------------------------- ------- Martha R. Wa f __k--gne�f 'r 14 -------------- _---- csrwrt Y AZZSS'!: -------------------------------------------------------------(as= -•--------------- ------------------------------- .-----SOesefaeyr tcomoeate Beal) arc •, '{ ... �� •,r ..i............................................................. '•.�,-•. ,i`�r, " rtoarrtt cnnoaava.-----REDELL---- -------------- county. • 1 i3 t CIA r = 1. a Notar pohlte of the county and state atortsaw estttty mat =' Martha_ R _ Naguer. _ iletsonatb ammared before see this day and acknowledged the execution of the foregohq tastna=L mess my -• `•-•�::N!'` i� ! P !cane and offlew Stamp or iesi. this -- - day as44,% _.._.. _ OVeilili@r q3.. ji�1J... 8-16-96 _ . 13y eatameixsioa a:ptres: --•--- -- ----------------- •• Mob" Ptthift I strwL.sssaY+ Naa= CAML M4------------------------- ---------coneaty. I _. it 14atsty ftbue of the County and state aro"Mad, Conner that ------------------- -_-_ pasoaaMY cease actors me this dssr and aeftostedged that ---- he is __saaetssy as t •------------------------ _----------- --------- a Notts Carotlaa sorporattoa.and that by atttimAW duly orm and as the set ar tht cospotsttes, the gotsgotag tosuament eras stgtsed In tta saint bT its aPeesideat, eer:ed Wkb gs easposate seal a" attested by ----------- as Us -------------- ------------ tussetm. Wmu= my and sea salsas! stamp or SM% this -------------------- myeonuatodoo emotes: -------------------------_.- — ---------------------------- ----- ». Not" i UWft ss.Ong cetwa►tew et �.a-Notar�_Fisblfc,�_of North_Cary _....»..---•-----»..--------.....ti------------------------------------ --------------------------------- -------------------------------- �.._--------------------------- ---------------- _------------------------ ------------------------- ------------»_ ».... IsIOUb/ttNeettirled to be'sosreel This latrte went sus this eeedneau ate nasty regestesee at the axis sad teaeie send tss mr t3.ete can ptege Steoam an tie tesrect. +R== D Icy — » - ..--------- - -----=crsZ= trt arms ----- -- -•- _--------t;epuw-n+stmi, as Dads X C.Rw A..w. Tam Xa. J 7 lM Braised Vk 1 W7 - tr..nr.-... ac. e.w Haueu L,uunry, Nunn 1.aroiina 5, 2024 TaX Map Information • PIN 4740775621.000 • Address SOUTH MAIN ST •Account# Acct T]3T1963 •Tax Owner HANELINE DOUGLAS ALLEN • Mailing 3379 AMITY HILL RD Address STATESVILLE, NC 286I7 •GISOwner HANELINE DOUGLASA •Deed Info 90111356-WO-19931115 T. Acres 0.6 AC Lot# 5 • Description TROUTMAN BUSINESS PARK P819- 63 Zoning GB • Old Parcel 1604FO4000AGOS • Bldg Value W •OBXF Woo $0 -Land Value $120,000 • Total Value $120.000 •Defer Value $0 •Tax Districts -ALLCNTY FIRE-- Haneline Disposal Area - Lot #5 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Iredell County, North Carolina makes no claims and no warranties, expressed or implied, concerning the vafidily or accuracy of the GIS data presented on this map. Geometry updated 21/1512023 Data updated 11114/2023 Print map scale is approximate. Critical layout or measurement activities should not be done using this resource. ` In � 1[661 rt� .wR 1n 1 .1111, OF uwiriA"� _____ eA11011161C11eR'- �• eA1 r Y \ r .. w�ivexu e[4T4 w wK eK r40O •RJ°Twi"iR C I[vv rvo-[a4 eaT� awRurr[n 745- e\ Y m1w r rt rui a uwmv ix u nvn %P1 au p QM ROC ee• C aP rw\ w i ,ems rtcw.exvn n ra YKII[ITT.RP p.G1[f STAR[ p ` 1x� `�I: .IIT e MM RPV Y`\\ •_ _ IWI 01O [Iexl�1O`�•[gllnl°�[�l. p" Ol T4[ la \fcNn - i - �• [IP 40v.4a' pu•1 -• 1 "'V wi[n wino ix6 Ilet Rp® 0 ., w.er rle 1xl[ILxr. is �� * ae [n°R"roviw i •ddd• j5 tat. ♦ � owlv.�r� uilw we WAWA, o'' `♦ ' I"po't1 Iwxlx L,R1 R x Ia.aCR a•• ;, \\`` infw;°°:M"R"tip 5 :.. •1 �-a pd� ,• YIIMe K[r Wlxe- ........nwla�- ♦ e n W�eSRly rtlr ee [ R. "sr owOol[ �, ;F po'I r"�EOa a�nleoev � Li. ' es \t •'�A ,fie GAIL C. GRAM $ O �pyoA C RY IIIBIk ® IRFolIL M".. • N. 4Ae Ab O'1 \ $ 55 I PC W fvimlrvl 'tell IM d, tot. ♦ � • \` • $ vn� Off• ♦ roemlw enm °[,A[e v.4R R 9F.1 awe AM, 4 *[[e u nn -rR0.t WAR • )e' .\ nr ew �w r `I� xFpwJ roan • $ a1' \e•pd\ _ wo°i° le mt.Ynla. nr �' .. §'h Q �° \ wad rxaixw n.wr K.�i"w"unvR inw t� owe Alw ��•9\\ $ RArB^ v".�..Alo + $y • � r�4v'9 ARP vit$., Ilc� ` n f wniomweru�rlo •u •' ' 0. O Y. pO'[ nq+GE III RLTEA.iN[ • Owe ♦\ ro L 1" .RMMO.MR nrll ertx m R rpR r Aw6 d014<. LyAYE WPNY 9[,\l ; Ave • [ FCF110ior vame`®wrac - Os ��♦ N ; Nf� ty ,�� Iw[rw[or aelwrs awn d \ $y rzrrlm ro rK eAle wnrr ew. Rae:OF fy\ •en A5 \` 4�'1 .. IR[U[u $ ,e• '6. 9F a:n vMRIxR O I • ilxiiln' lFr6:'.�niw [C ewrAuc Fa aurine eeut �/' \\` w 1v :N�Iw Nix[ u`xnr i • Qi :me wim wr`I'w"r "A°�rxl. 96SF°1.4n '-a 000 AM \ . _ ear ra Se e/T FOP♦ Preyl - K4 4 U PARK Rn.41[ ewR[r 1710OMTY _, GNL G GRANT IgfAeY PR°pERir Of .AIR C. 1rx4RFR U' 410.1 O P C. WAO uR11nm r4wwxlt wm[u caum 11oRrx uRC.m i M1e1L elml ON1MY. R O,weplw �•C IMP sprc o,-1e-n KALE r.1e0- W.'" Ro..1. cwnllllw enrtY pap AFF: elan IIIAeRn ev rannr c auPPa GERALD K GRANT B ASSOCIATES ' ' P. o. Box STAnSYILL[. R. C. 286n . - P..I M4472- M[ 371 Camino Real Rd. Mooresville, NC 28117 0 0.125 0.25 0.375 mi KFATSRD I oil 35.536991,-80.888341 Drag Me! sMaps Legal CRM � z J — Z W CPM`N0 REPL RD El 'TEMPLE. J a 9 z Y� a F0�9 ¢ U G O� 2 PO _ _J_ ♦ Deg ♦ DMS Help Decimal Degrees Latitude: 35.536991 Decimal Degrees -80.888341 Longitude: DU E ENERGY DIRECTIONS 8Y ROAD FORM Lake Use Permit Applications and Contractors: Ease of locating a proposed project site can have a big impact on permitting processing time. Please complete this form and return it along with your completed application to: DUKE ENERGY C/O LAKE SERVICES — EC 12Q 526 SOUTH CHURCH STREET CHARLOTTE, NC 28202 Applicant's Name: Haneline Disposal Area Street Address (at lake): 844 South Main Street Lake Name: Subdivision Name: Troutman Business Park Property Section: Lot #: Lot #4 & 5 City: Troutman County:Iredell State: NC Zip Code: 28166 Directions (from major road or highway): From I-77 NB, Exit 42, Left onto US-21/South Main Street Troutman. The property is on the left just beyond Flower House Loop. Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc.) Building Lot. Note: Please use the back of this form if desired to draw us a map to the site. 844 South Main Street Troutman, NC 28166 ri rvwunc 0 250 500 35.680180,-80.859925 sMaps Legal CRM ♦ Deg Diamond Detailing State Electric Supply Co. 7 NO Arby's ♦ DMS Help Decimal Degrees Latitude Decimal Degrees Longitude: 35.680180 -80.859925 Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date TO: Duke Energy c/o Lake Services - EC12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For (Subdivision and Lot #'s or Qther Project Name) (Lake/County/City) (Applicant's full name) A1�y (Z) X 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 1r-equi ements pertaining to the application to excavate for the purpose of a:5 re I) nP. Yeb�flrCt?1 O r1 z prj G I ✓KZ t 10OL(�i,v't / , In addition, Uwe 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, Uwe will be expected to comply with the new requirements to the maximum extent practicable. Uwe 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 SNIP or other applicable guidelines and the new application must include any applicable fees and security deposits. Uwe 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, Uwe 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. Uwe 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. DA rE=W Page 1 Pam: n MMO Uwe understand that all excavation work must be done directly in front of my/our property and as specified in Duke Energy's approval. Uwe also understand that access channels must run perpendicular to the shoreline while within the third of the cove area that is nearest my/our property. Uwe understand that for proposed excavations, Uwe 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 Permit Application Form and other required information. Uwe understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before Uwe submit the final application to Duke Energy. At FERC-licensed reservoirs, Uwe understand that except for maintenance excavations, any excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline stabilization work needed to support an application that requires FERC review does itself require specific review and approval by the FERC before Duke Energy can issue any approvals. l/we agree that unless specifically approved otherwise in the application, explosives will not be used as part of this excavation activity. Uwe understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife and other natural resources. 1/we 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 (SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed application to Duke Energy. I/we 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. Uwe 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. Uwe also understand 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. nulo E=w Page 2 RW. 4/62020 Uwe agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. Ywe 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. Ywe have designed the hydraulic excavation process (if any will be used) so that return water re- enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. Ave agree 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 special public entity provisions were made in the application. 1/we recognize 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 Environmental Areas, Natural Areas or Impact M;n;mion Zones as identified by Duke Energy; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. I/we agree to provide my/our contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures. Ywe agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are discovered during the excavation, work shall be halted immediately. Ywe will then notify Duke Energy and the State Historic Preservation Office to determine what measures, if any, Ywe must pursue to protect or salvage the archaeological resources. Ywe 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. Ywe agree to be fully responsible for the permitted lake use and I/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. Ywe 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. Ywe 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. DWw E=w Page 3 Rev: QW020 Awe agree to develop any required mitigation plans and to complete any required mitigation activities at my/our own expense within the specified time frames. Uwe recognize that the excavation work is not considered complete and deposits will not be refunded until the mitigation requirements (if any) have been satisfactorily fulfilled. Uwe aeaee to notify Duke Energy by phone when the excavation is initiated and to ensure that during the excavation period, Uwe will host Duke Energy's approval letter in a clear watermof b at t the job site and visible from the water's edge. Uwe agree to notify Duke Energy in writing when the excavation is completed (including any required mitigation measures) and that the excavation was completed per the approved application, so a close-out inspection can be performed. Uwe recognize security deposits will not be refunded if any violations of the SMP, other applicable guidelines, or this user's agreement occur. Ave understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. Uwe agree 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. Ave understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that my/our use and enjoyment of FERC project and Duke Energy lands and waters shall not hinder the general public's lawful use and enjoyment of the same. Sincerely, Applicant's Nale (Print) Applicant goa Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (print) Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature Duke Energy Page 4 Rev: 41MMO