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HomeMy WebLinkAbout20160870 Ver 1_Shoreline Stabilization_20160906State of North Carolina Department of Environment and Natural Resources Division of Water Resources W111115A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization Di ision off WaterResources FORM: SSGP 10-2013 Shoreline Stabilization Application Form Three copies of the application (including attachments) and the application fee should be sent to: Division of Water Resources 401 & Buffer Permitting Unit 0 1 6 0 8 7 0 1617 Mail Service Center Raleigh, NC 27699-1617 � � /;zi p I. Applicant Information [15A NCAC 02H .0502(a)] "p 0 6 D 2016 1. Owner Information DEQ_yygTER RESOU Name: r� �r a ES Mailing Address: 1, 1 .-T r- t +n NG kuylbe_ f' )j*11 NCJ ?8078 Telephone Number: 7CA-(oUl- 55100 Fax Number: E-mail Address: Vo, eml. a 1rrnoncl73@y0.hnn.r n&) 2. Agent/ Contact Person Information A signed and dated copy of the Agent Authorization letter (a form can be downloaded here: http://www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTH ORIZATION FORM.pdf) must be attached if the Agent has signed this allpplication form. Name: 'Pr r Tey - Company Affiliation: L0.nccc r L to, I VAC - Mailing Address: `cJ�O r`�1(1 6 NC, ZR 1 to Co Telephone Number: E-mail Address: Person to receive the Kcky - V-, Ls_n CQ_S�e_r II. Project Information [15A NCAC 02H .0502(a) & (b)] 1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. 2. Provide a detailed site plan showing property boundaries and proposed locations of vegetation clearing, structures (buildings, retaining walls, docks, impervious surfaces, FORM: SSGP 10-2013 Page 1 of 3 etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the diagram provided at the end of this application form. 3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort- a yard stick, shovel handle, etc.) 4. Location of the property (where work is to be conducted) County: MILK ley) 1) 0 ra Nearest Town:-�l�i'1 5 V'Ilkj l le Subdivision name or site address (include phase/lot number): r'dWYlS CAVE Lcr� R Directions to site - please include road names and numbers, landmarks, etc.: Vrrom V77 IS?) .. -ra& Cx4M, Torn lef t on-& AJ r_Z51 16&m Latitude (in decimal degrees) {35, 43334-7 Longitude (decimal degrees) —BO. q 15 33 5. Describe the existing land use or condition of the site at the time of this application (residential, undeveloped, etc.): re Slden+iaL� 6. Property size (acres): . Orj5�(o A' 7. Lake/ river/ ocean adjacent to property: tV Di'Yt cyi 8. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): �re 6Ae QYe0. �'D b� � l %n i. - 9. Will work be conducted from land ❑ From water? []� 10. Total amount of disturbance (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level/ Normal Water Level in square feet or acres: . O7_;� acre- 11. Total amount of disturbance (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal pool lake level/ Normal Water Level and 50 feet land -ward in square feet or acres: 12. Please describe the vegetation above the normal pool lake level/ Normal Water Level and 50 feet landward to be impacted (number of trees, for instance): n Alr�ic L#V111' 0 , Owner Agent's S' ature Printed Name Date [15A NCAC 02H .0502(f)] Agent's signature is valid only if an authorization letter from the owner is provided. FORM: SSGP 10-2013 Page 2 of 3 0 La ke (At Full Pond/Normal Water Level) 1 h t i1 q xeJ `t0�nc1k VV tf4I`4L.cec.k- Full Pond/ � - XIOt i I'Xed P; r Normal Water Level Shoreline Please approximately sketch the following information on this plan (provide dimensions for each item, such os 10 ft x 100 ft)*: 1. All proposed vegetation clearing 2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation 3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation 4. Location of any proposed structures such as buildings, retaining walls, docks, etc. 5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation 6. Location of construction access corridors FORM: SSGP 10-2013 Page 3 of 3 DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit $ Check # Date Recv'd Initials Date of Duke Energy Lake Services, applicant and/or contractor on-site inspections Date Initials Date Final Protection/Avoidance Area Markings Field - Verified Approved to Start Work By * : Date Completion Required Date Passed Closeout Inspection* (Print) Date of Any Approved Extension Initials Initials Date (Sign) Initials Any Stop Work Orders or SMG Violations*? (check one) ❑Yes ❑No (If Yes, explain in PART V) Date Deposit Refunded Initials Date Permit Database Updated Initials * Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work Orders with application. PART I. - APPLICANT INFORMATION (Please Print) C Name a 1f l � . VI rt y7T_v%t4e 1' Telephone (-704)_tp Lake Address e.iry1 Lone Mailing Address tAun+er6 ►11e. NC' (If different) ZW78 Contractor Company Contractor Contact Person UL' nna V. Vky— K n Telephone (2A)_ 5 Z$ _ 7400 LAKE LOT INFORMATION Parte 1 I1).ODtoZ35 1 Lake ROrMA n County /+ r City 1-it�l 6_rsV 1� 1E ,` State lV G Tax Map No. C61411n(07(p Subdivision 121 f0VyY'15 C.ov E Lot/ Section No. O Lot Size - 01cft Acres Are there any Co -Applicants*? (check one) ❑Yes 2<o (If Yes, inchide names, addresses, phone nos., lot nos., lot sizes 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. The check for the application filing fee and security deposit should be from the party shown as Applicant and not several checks from the Applicant and Co -Applicants. Do not continue the application until an on-site inspection has been conducted between a Duke Energy Lake Services Representative (DELSR) and the applicant and/or the excavation contractor. NOTE: Initializing this portion of the application by a DELSR in no way constitutes approval or eminent approval of the excavation or any other lake use permitting activity. Date of on-site inspection l*' � V`t or ILP Initials (Duke Energy) l (applicant/contracti Duke Energy Page 1 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM PART II. - DESCRIPTION OF PROJECT A. BASIC INFO 1. Type of excavation: (check one) aNew excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) O'$oat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel ❑ Other (specify): 3. Lake user category: (check one) OPrivate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (specify): 4. Max. Excavation Area Dimensions (ft): Length OD Width 'AQ Depth 10 (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): Zig /,Cubic yards 6. Type of material removed (applicant determines by field sample if practical): �ckn U 1S 1 11 Icy 7. Excavation Site area: a 0_7 3 Acre (s) Disposal Site area: .0-73 Acre (s) 8. Total Disturbed Area (including equipment staging area): .0-73 Acre (s) 9. Does the project meet the requirements of the applicable General Pen -nit? (check one) O'Yes ❑No 10. Do you claim title to the disposal area? (check one) ZVes ONO 11. Do you claim title to the equipment staging area? (check one) OYes ONO 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) (If Yes, specify): 13. How will the excavated material be entrap ed and the erosion controlled? (e.g. see attached erosion Iisposal area design): 'torp �dp_ W G In Xnv%n ronr- In sib Dyes 2No and 14_�Lre(s) of excavatio equipment to be used: LOV1a r e� C e u \041)y ►�,m -a �ru�c.1�S J 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) Dyes Mo (If yes, explain) 16. Will return water re-enter the reservoir? (Check one) Dyes L<o ❑N/A (If Yes, specify point(s) of re-entry 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? Dyes .ONO (If Yes, specify the existing permit number. If No, include a scaled drawing of the proposed facility). Permit # 18. Total planned duration of the 31ork (Include first equipment mobilization, excavation v tion through final mitigation measures complete): START � / � FINISH 10 Z /L7 (Month) (Year) (Month) (Yeas) Note: Notify Duke Energy Lake Services at 1-800-443-5193 prior to commencing any excavation work within the project boundary. Duke Energy Page 2 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx DUKE ENERGY 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 (check all that apply) Approx. Acrea a Identification Method Avoid (A) or Mitigate (M) ** Field ID Work Area Dwg. ID a. Marshland, swamp, ponds, beneficial aquatic vegetation or other potential wetlands (circle all that apply) /Y%n l �"�. b. Buffer Zones (specify width & source of requirement) re, e. vWi11 be cbrApkAed b -� �y� 10& plexi 0.j_„ t7C� �.PaMDVGttvl t�,nd trY1c,� ria goy d u m firwc,l�i. tA&-V-ria -}-o be le t�eled off by c. Environmental Areas as identified by Duke Energy ` r l A d. Natural Areas as identified by Duke Energy /�/ , I / n /'j e. Historic properties (specify) A L Rare or threatened species (specify) Buried gas, water, sewer, communications 21 1A Duke Energy Page 3 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM Protection/Avoidance Areas (check all that apply) Approx. Identification Method_M Avoid (A) or Mitigate (M) Field ID Work Area Dw¢. ID Aereea e_ ** or electric lines (circle) glA, h. Impact Minimization Zones as identified by Duke Energy /fir ! r1. ' Y ! ! 1 I. Other areas requiring specific avoidance, protection or mitigation (specify) qA * 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 4 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM C. APPLICANT'S SIGNATURES Comments: Wplicant Name (print) ' /�-✓�� Ir'i '' licant Signature* te Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print) Co -Applicant Signature* Lot # C7 Date S-'30'" t W Lot # Date Lot # Date Lot # Date Lot # Date Lot # Date *Per my signature, the information provided in this application is correct to the best of my knowledge. BEFORE YOU MAIL THE APPLICATION TO DUKE ENERGY LAKE SERVICES ENSURE YOU HAVE: • CHECKED THE INFO THOROUGHLY • MET ALL REQUIREMENTS FOR A COMPLETE APPLICATION (see cover letter of application package) • INCLUDED A SINGLE CHECK TO DUKE ENERGY FOR THE APPLICATION FILING FEE AND SECURITY DEPOSIT • INCLUDED ALL AGENCY PERMITS OR COMMENT LETTERS AND RESOLVED ALL ISSUES RAISED • INCLUDED ALL REQUIRED DRAWINGS (INCLUDING PROPOSED FACILITIES), PERMIT # FOR EXISTING FACILITIES, SURVEYS AND PLANS • INCLUDED COPIES OF DEEDS AND AUTHORIZATION LETTERS Duke Energy Page 5 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3. 10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM PART III - INFORMATIONAL REQUIREMENTS FOR ALL APPLICANTS (NC & SC) In addition to the completed application form PARTS I & 11, the following items must be provided to Duke Energy Lake Services for all applicants in North and South Carolina: A copy of the deed and registered survey plat or other instrument under which the applicant claims title to the affected property (the shoreline adjoining the excavation area, equipment staging area and the disposal area), OR if the applicant is not claiming to be 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 An accurate scaled drawing (1 "=25' for projects <1000 cubic yards of material removed or 1 "= 100' for larger projects) of the area to be excavated, including all the information required under Application Process - ITEM 5 of the Application Package cover letter (Attachment 1). O1 An accurate scaled drawing (]"=25' for projects <1000 cubic yards of material removed or 1 "= 100' for larger projects) of the proposed design for the disposal area, including all the infonnation required under Application Process - ITEM 6 of the Application Package cover letter (Attachment 1). Also include any erosion control plan or standard reporting form requirements as noted under ITEM 6 of the Application Package cover letter. ,H' A map or Duke Energy Directions by Road form showing directions to the excavation area and disposal area. A USGS topographic map with a directional arrow indicating the exact location of the excavation project and Latitudinal and Longitudinal coordinates for the project site.* A list of names and addresses of adjoining property owners for both the excavation area and disposal area. G. A copy of all pen -nits and/or letters of correspondence to/from local, state and federal agencies that require notification or issue individual pen -nits. H. Provide the existing pen -nit number if excavation is being conducted to maintain access to an existing facility (e.g. pier) or provide an accurate scaled drawing of any proposed facility if a facility does not currently exist. Note: A separate application and approval is required for proposed Private Facilities (e.g. pier). 1. A check for the application filing fee and security deposit and the signed Excavation Project User's Agreement letter. *USGS maps may be accessed via the Internet at http://gis.enr.state.nc.us/ utilizing the following pathway: Data catalogue/Digital Raster Graphics/specific county. Longitudinal and latitudinal information is available via the Internet at www.mapblast.com, www.mapsonus.com or www.maptech.com. Duke Energy Page 6 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM PART IV — AGENCY REVIEWS/APPROVALS REQUIRED A. NORTH CAROLINA APPLICANTS ONLY 1. The following agencies and the Catawba Indian Nation Tribal Historic Preservation Office require at least 30 days prior notification for all excavations in North Carolina reservoirs. Notify them by forwarding a completed copy of this application, including the information required under PART III A -F to: U.S. Army Corps of Engineers N.C. State Historic Preservation Office Regulatory Field Office N.C. Dept. of Cultural Resources 151 Patton Avenue Division of Archives & History Room 208 c/o Ms. Renee Gledhill -Earley Asheville, North Carolina 28801 4617 Mail Service Center (828) 271-4014 Raleigh, NC 27699-4617 (919)733-4763 Catawba Indian Nation Tribal Historic Preservation Office Dr. Wenonah Haire 1536 Tom Steven Road Rock Hill, SC 29731 (803)328-2427 What to Expect: a) If the excavation can be done under the requirements of the General Pen -nit (GP) or a Nationwide Pen -nit (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 pen -nit from the Corps. b) You will typically receive a letter from the NC SHPO documenting their concurrence with your application, requiring additional information or recommending modifications. You must address each comment in your final application. c) You must receive written documentation from the Corps that your application either meets the requirements of the GP or a NWP or that the proper 404 Dredge and Fill pennit has been received before Duke Energy can process your application. d) If you do not receive any documentation from the NCWRC within 30 days of their receipt of your application, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them. (See exception for Consmercial/Conveyance/FERC review applications below). e) If you do not receive any documentation from the NC SHPO within 30 days of their receipt of your application, you must provide that agency with a follow-up letter requesting the agency comment on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them. Note: This second 15 -day letter requirement also applies to the agency reviews in PART ]V.A. 1-4 when the application is for a Commercial Facility, Conveyance or other application requiring FERC review. 2. In addition to the three entities in PART IV.A.I above; if the proposed excavation is located in the counties listed below, the applicant must also provide at least 30 days prior notification to the following agency by forwarding a copy of the completed Excavation Permit Application Form (including the information required under PART III A -F) to: (For Alexander, Catawba, Cleveland, Gaston, Iredell, Lincoln or Mecklenburg Counties) N.C. Dept. of Environment & Natural Resources Division of Water Resources 610 East Center Avenue; Suite 301 Mooresville, North Carolina 28115 (704)663-1699 (704) 663-6040(fax) (For Burke, Caldwell, McDowell or Transylvania Counties) N.C. Dept. of Environment & Natural Resources Interchange Building 59 Woodson Place Asheville, North Carolina 28801 (704)251-6208 What to Expect: a) You will typically receive a letter providing Division of Water Resources concurrence, which may require additional information or recommend modifications. You must address each comment in your final application to Duke. Duke Energy Page 7 of 11 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx rev 9/19/14 DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM b) You must receive written documentation from the NCDENR that 401 Water Quality requirements are met before Duke Energy can process your application. 3. In addition to the above requirements, if the proposed excavation is located in Mecklenburg County, the following agency must be provided with a copy of the completed Excavation Pen -nit Application Form (including the information required under PART III A -F): Mecklenburg County Land Use and Environmental Services Agency 700 North Tryon Street Charlotte, North Carolina 28202 (704)336-5500 What to Expect: a) You will typically receive a letter from the county documenting their concurrence with your application, requiring additional information or recommending modifications. You must address each comment in your final application. b) If you do not receive any documentation from the county within 30 days of their receipt of your application, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them. (See exception for Commercial/Conveyance/FERC review applications below). 4. In addition to the above requirements, if the proposed excavation is part of a Commercial Facilities Application, Conveyance Application, or will require FERC review, the applicant must provide at least 30 days prior written notification to the following additional agencies by forwarding the completed Excavation Pen -nit Application Form, including the information required under PART III A -F: N.C. Wildlife Resources Commission U.S. Fish & Wildlife Service c/o Mr. Chris Goudreau c/o Mr. Mark Cantrell 645 Fish Hatchery Rd. 160 Zillicoa Street Marion, NC 28752 Asheville, NC 28801 828-652-4360 Ext. 223 (828) 258-3939 Ext. 227 (For lakes Wylie, Mtn. Island, Norman, Lookout, Hickory) (For lakes Rhodhiss and James) N.C. Dept. of Environment & Natural Resources N.C. Dept. of Environment & Natural Resources Division of Environmental Health Division of Environmental Health Public Water Supply Section Public Water Supply Section c/o Mr. Britt Setzer c/o Mr. Harold Saylor 610 East Center Street; Suite 301 59 Woodfin Place Mooresville, NC 28115 Asheville, NC 28801 N.C. Dept. of Environment & Natural Resources Division of Parks and Recreation 12700 Rayleaf Church Road Raleigh, NC 27614 (919) 733-4181 What to Expect: a) You will typically receive a letter from each agency documenting their concurrence with your application, requiring additional information or recommending modifications. You must address each agency comment in your final application. b)If you do not receive any documentation from an agency within 30 days of their receipt of your application, you must provide that agency with a follow-up letter requesting the agency comment on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them. Note: This second 15 -day letter requirement also applies to the agency reviews in PART IV.A. 14 when the application is for a Commercial Facility, Conveyance or other application requiring FERC review. Duke Energy Page 8 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM PART IV — AGENCY REVIEWS/APPROVALS REQUIRED B. SOUTH CAROLINA APPLICANTS ONLY 1. Consultation or review is required by the S.C. State Historic Preservation Office (SC SHPO) and the S.C. Institute of Archaeology and Anthropology (SCIAA) for all excavations in South Carolina. The applicant must submit a copy of the completed South Carolina Department of Archives and History State Historic Preservation Office Project Review Forni (attached) to: S.C. State Historic Preservation Office S.C. Institute of Archaeology & Anthropology Department of Archives and History c/o Mr. Jim Spirek c/o Ms. Caroline Wilson 1321 Pendleton Street 8301 Park Lane Road Columbia, SC 29208 Columbia, SC 29223-4905 What to Expect: a) You will typically receive a letter from the resource agencies documenting the agency's concurrence with your application, requiring additional information or recommending modifications. You must address each agency's comment in your final application. b) If you do not receive any documentation from the resource agencies within 30 days of their receipt of your application, you must provide that agency with a follow-up letter requesting the agency comment on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application review process, you will also be required to address thein. c) For the SCIAA agency 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, recognizing however that if their comments come in later in the application review process, you will also be required to address them. 2. (For Lake Keowee only) Consultation or review is required by the Eastern Band of Cherokee Indians (EBCI) for all excavations on Lake Keowee. The applicant trust submit a copy of the completed Tribal Historic Preservation Officer (THPO) Consultation Information Fonn (attached) to: Eastern Band of Cherokee Indians c/o Tyler Howe PO Box 455 Cherokee, NC 28719 What to Expect: a) You will typically receive a letter from the EBCI documenting the tribe's concurrence with your application, requiring additional information or recommending modifications. You trust address each comment from the tribe in your final application. b) If you do not receive any documentation from the EBCI within 30 days upon their receipt of your application, you trust provide the tribe with a follow-up letter requesting the tribe's comment on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application review process, you will also be required to address thetas. 3. (For Catawba - Wateree lakes only) Consultation or review is required by the Catawba Indian Nation Tribal Historic Preservation Office for all excavations on the Catawba —Wateree Lakes in South Carolina. The applicant must submit a request for comments to the Catawba Indian Nation Tribal Historic Preservation Office at: Catawba Indian Nation Tribal Historic Preservation Office Dr. Wenonah Haire 1536 Tom Stevens Road Rock Hill, SC 29731 (803)328-2427 What to Expect: Duke Energy Page 9 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.1 O.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM a) You will typically receive a letter from the Catawba Indian Nation Tribal Historic Preservation Office documenting the tribe's concurrence with your application, requiring additional information or recommending modifications. You must address each comment from the tribe in your final application. b) If you do not receive any documentation from the Catawba Indian Nation tribal Preservation Office within 30 days upon their receipt of your application, you must provide a follow-up letter requesting comments on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application review process, you will also be required to address them. 4. If the excavation meets the requirements of the gplicable General Pennit (GP 87-14-001) and will remove from 50 to 150 cubicate, in addition to the entities listed above in PART IV.B.1 and 2, the S.C. Department of Natural Resources (SCDNR) must be provided with a copy of the completed Excavation Permit Application Form, including the infonnation required under PART III A -H for at least 30 days consultation: S.C. Dept. of Natural Resources c/o Mr. Mark Hall 206 Laurel Valley Road Sunset, SC 29685 (864)878-9071 What to Expect: a) You will typically receive a letter from the SCDNR documenting the agency's concurrence with your application, requiring additional information or recommending modifications. You must address each agency comment in your final application. b) If you do not receive any documentation from the SCDNR within 30 days of their receipt of your application, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them. 5. In addition to the entities listed above in PART IV.B.1 and 2, the following agencies must be provided with a copy of the completed Duke Energy Excavation Permit Application Form, including the information required under PART III A -H, for all excavations not covered under the applicable General Pen -nits on South Carolina reservoirs: (For Lake Keowee) S.C. Dept. of Natural Resources c/o Mr. Mark Hall 206 Laurel Valley Road Sunset, SC 29685 (864) 878-9071 S.C. Dept of Health &Environmental Control Water Quality Standards & Wetland Section c/o Mr. Chuck Hightower 2600 Bull Street Columbia, SC 29201 (803)898-0369 (For Catawba-Wateree lakes) S.C. Dept. of Natural Resources c/o Greg Mixon Rembert C. Dennis Building 2600 Bull Street PO Box 167 Columbia, SC 29602 (803)896-7767 What to Expect: a) You will typically receive a letter from each entity documenting concurrence with your application, requiring additional infonnation or recommending modifications. You must address each comment in your final application. b) If you do not receive any documentation from an entity within 30 days of their receipt of your application, you must provide that entity with a follow-up letter requesting comment on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them. Duke Energy Page 10 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx DUKE ENERGY EXCAVATION PERMIT APPLICATION FORM 6. In addition to the consultation requirements specified for the agencies listed in Part IV. B.Iand 2, the following agencies must be provided with a copy of the completed Duke Energy Excavation Permit Application Form, including the information required under PART III A -H, for any excavation that is part of a Commercial Facilities Application, Conveyance Application or will require FERC review on South Carolina reservoirs: U.S. Army Corps of Engineers Regulatory Functions Branch c/o Mr. Colton Bowles 1835 Assembly Street Room 86513-1 Columbia, SC 29201 (803) 253-2400 US Fish and Wildlife Service c/o MS.Almanda Hill 176 Croghan Spur Road, Suite 200 Charleston, SC 29407 (843) 727-4704 ext. 12 S.C. Dept. of Parks, Recreation & Tourism c/o Mr. Tony Bebber Edgar A. Brown Bldg. 1205 Pendleton Street Suite 110 Columbia, SC 29201 (803)734-0189 S.C. Dept. of Health & Environmental Control Water Quality Standards & Wetlands Section c/o Mr. Chuck Hightower 2600 Bull Street Columbia, SC 29201 (803)898-0369 S.C. Dept. of Natural Resources c/o Greg Mixon Rembert C. Dennis Building PO Box 167 Columbia, SC 29202 (803)896-7767 What to Expect: a) You will typically receive a letter from each entity documenting concurrence with your application, requiring additional information or recommending modifications. You must address each comment in your final application. b) If you do not receive any documentation from an entity within 30 days of their receipt of your application, you must provide a follow-up letter requesting comments on your proposal within 15 days from the date of the letter. If you do not receive any response as a result of this second letter, you may proceed with the application process, recognizing however that if their comments come in later in the application process, you will also be required to address them. PART V - ADDITIONAL INFORMATION (Reference previous parts as applicable. if more pages are needed, add a suffix to last page (e.g. 12a, 12b, 12c, etc.) Duke Energy Page 11 of 11 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx 0 REG OF DEEDS HECK HE .JUDITH A GXHSON13--13 •FILED FOR REGISTRATION W04277 19 75 /96 SK: 08844 PC: 0803/0808 project No. 7327 Disposal Request No. 90073 VE Parcel No. 60384 Excise Tax parcel Identifier Tax Lot No County or: theme` day of— Verified by by -r ... to (Wf0 ime, A2ok and Page DO! Oyu --r ,19 r Grantor s instrument was prepared by T.Pmlev Township - caption for the Index u . W o o ^ --- NORTH CAROLINA NONW� DEED �1995, by and between THIS DEED made this LSy day of 04TV 6F'R- ' Grantee DUKE POWER COMPANY E. 0. Box 1007 Charlotte, NC 28201-]007 MELVIN S. GRIFFITH and wife, DOROTHY H. GRIFFITH arties, their essors and assigns, and shall include singular, plural, masculine, feminine The designation Grantor and Grantee as used herein shall include said p heirs, suet required by context. or neuter as raga that the Grantor, for a valuable consideration paid by the Grantee, the WITNESSETB, these presents does grant, receipt of which is hereby acknowledged, has and by THIS DEED bargain, sell and convey unto the Grantee in fee simple, ExespT so ELoW SHALL BE VOID AND OF no EFFECT WHATSOEVER IF RECORDED iT+lTSOUT THE f land situated Rin LemleY arce pL&T SE1296 A1rolina, ACURD SF.RETO, all that certain lot andPmore particularlydescribed as Township, Mecklenburg County, North Car follows: plat of surve entitled "Duke Power company Cowans Ford That certain tract of land conyaining 0.0586 acre, adjoining lands of Grantee, as shown on P Development Addition to Lot u o. 8 of Browns hCove ssattached hereto and madedated ea 2, 1996, marked Request No. ..0096, copy Grantor by in - part hereof. The property hereinabove a de 7o ibnd the office was eofb the Register. of strument recorded in Count 534 at page Deeds for Mecklenburg y• 4 t� (: t3 10 .e ¢R }v The Grantor reserves from this conveyance the following rights, privileges and ease- ments: easement purpose of ttently and ntly erpet or raising thefwatersor eof the CatawbalRiverzand its tributariesover flooding ari�3 upon any portion of the land hereinabove conveyed U having a G S datum, surface elevation less than 170.0 feet above mean sea level, ower plant connection with or incident to the operation of a hydroelectric p he Catawba River having a height at the top of the spillway gates and dam on tfeet above mean sea level, U.S.G.S. datum; together with when closed he ataw the right at any time and from time to time to clear a portion of said land up to '170.0 feet above mean sea level, U.S.G.S. datum, of trees, underbrush and other growth and to drain andtoofeet above of otherwiseid omeannseaslevelaid anU.SnGasy manner and to any extent up datum, which the Grantor finds necessary or desirable in connection with the maintenance, operation, construction or reconstruction of the saiddam aof power plant and the reservoir or lake created by same; and for the purpose reserved, the Grantcr reserves the right of exercising the rights herein ingress and egress over the land hereinabovbee doncsaiddlandchandgin caseethere such roads as are now or as hereafter may is no road on the land which is suitable for ingress and egress by the landsover the Grantor, the Grantor will have ingress and uegress of exercising he rights conveyed to the edge of the water for the p pe herein reserved. 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; EXCEPT HOWEVER THIS DEED SHALL BE VOID AND of NO EFFECT WHATSOEM IF RECORDED WITHOUT THE ABoJE REFERENCED PLAT BEING ATTACHED HERETO. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. Title to the property hereinabove described is subject to the following exceptions: 1 Grantor reserves in and over the property hereby conveyed an easement for the maintenance and operation of any existing electric d stributir for o on facilitiesunication u ed for transmitting and distributing power by electricity togesh and ith the right to enecessary nterauper on and dalterationsproerty o thereon r the zande of ddit onsctthereto,� line or by other means to keep clear of together with the right at all times to cut away said lines all trees, brush and other obstructions that may in any way endanger the proper maintenance of same, including the right to relocate said lines over the property hereby conveyed to conform to any future highway or street relocation, widening or improvements. 2. Flood easement hereinabove reserved. 3. Exception hereinabove set out. 4. All easements and restrictions of record. ASSISTANT SECRETARY CERTIFICATE I, Carol D. Denton, Assistant Secretary of *Duke Power Company, do hereby adopteda Resolution owing Management Committee of the rBoa d of pt of Directors of Duke certify that the foll February 27, 1995, by Poxez Company, and that said quoted Resolution has not been rescinded or amended; FURTHER RESOLVED, That effective October 17, 1994, the General Manager of the Real Estate Division, lease,bedeed or and hereby other authorized to execute any contract, rty without further action instrument relating to real prope approval by the Board of Directors of this Committee when deemed by said General Manager to be necessary or deshowever, operation of the Coin nto the mpany's business, subject, monetary limit of $1,500,000.00 connnsideration or value y any such single transaction, and ueresolutionsuch uofthiscommittee. transaction which is approved by a _ FURTHER RESOLVED. That the Secretary or any Assistant y Secretary be and is hereby authorized to attest and affix the i 0i corporate seal to any contracts, leases, deeds or other r nder author this instrument executed uy f berequired s to Resolution the .� the any certificate that may the officer or manager executing incumbency and authority of such documents. I tte was the further certify that on Ori jr, 1990 C. Jeffery saidTrip positionanJ reason of holding P C General Manager, Real Estate Division, and by I pursuant to the above quoted Management Committee's Rny esolution, respectatofthe execution z"�! to represent and act on behalf of Duke andPMelvinower oaGriffith and Dorothy H. Griffith, a of a deed between. Duke Power Company Mecklenburg County, North k` conveying 0.0586 acre, located in Lemley Township, all documents and Carolina, and to execute on behalf of Duke Power Company instruments relating in any way thereto. WITNESS my hand and official seal of said Company this iS'19 day of — OG;O , 1996. •,����""'' ••., Caof D.Denton �.• Q �� r -' ��. ' Assistant Secretary a ' SEAL • IN egg y�ggggpp, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by the day and year first above written. authority of its Board of Directors, ATTEST: ,ssistant Secretary 4 , 4• � 1.7 4 _'. STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I DUKE POWER COMPANY By e ery Triplette G : -al Manager, Real Estate Division I, Roy L. Parker, a Notary Public for the above State and County hereby certify that Carol D. Denton personally came before me this day and acknowledged that she is Assistant Secretary of DUKE POWER COMPANY, a corporation, and that by authority duly Given and as the act of said Jeffery T iplett the itsGeneralmanager, Real instrument was signed in its name by her as its Assistant Division sealed with its corporate seal and attested by Secretary. EA WITNESS my hand and official seal, this the HSTF! day of OG1o8 1990)" ,r�•r s 8 Ll G.'* q — tit Sion _p4ires f2l— -! N ry Public LINE DIRECTION ...Dl STANC {1 S 22'56'19 W 24. 5B' L L3 N 85.12' 23' V 39. I S' L4 S 44` 51' S6' IJ 29. 92' LS N 12'.,77-03—'E 5. 01' L6 N i 2.57'03' E a7. 42' 7 S 76. ' 05' E DO 35' i i / I / P.K. NOV) 2 CL Rood LRI y (Tie Line) L---------- LOCATION MAP - NOT TO SCALE 60 ,or I.Pin(F) �5 l Ba`'e 9 00 84� p4 (Tie Line) P.K. Noil(F) G— -A-6,3'5,3'28 E CL Rood 84.13' i, i E A 0 �. ��+•,,,..,,. cry w FTAL�3�a fJ c ,r L-3657 del Uj o: to Ey .P g U RV oy I. ��lD M• 5 r• C. 0 Lot 7 Robert J. Mullen And Spouse Kathryn L. Mullen D.B.8555, P9.909 P.B..2. Pg.31 N 7632'05" W 11.33' S 00'27'46' E 4B.B6' Duke Power Company (Elizabeth A. Knox) UMI - 75-A D.B.534, Pg.70 ,Lot 8 Melvin S. Griffith And Wife Dorothy H. Griffith D.S.2963, Pg.307 Lot 9 Michael D. Herndon And Wife JoEllen F. Herndon D.B.6330, Pg.94 P.S.12, Pg.31 Lak Du DUKE POWER PROJECT BOUNDARY BASED ON A WATER ELEVATION OF 757.7' ON OCTOBER 2. 1996 AT 7.25 am. Map Prepared by. cW Swveftand MappWa Inc. fade M. S"016M RIS Me011c (�D.t)813-i6B9 MO -A Mmt Mdul AW. Phw C�'�JBS+-93iB G°raw NG 29/52 STATE OF NORTH CAROLINA GASTON COUNTY 1 °wtlty the this rtwp " drawn ham an asWd vNl mIM anew my mpwvm-of dcs - c�eatd b I: 10.000'+ BNnGRhs Dod d�btXM,. e'r e ke Po (Elizab UM D.B. LEGEND YM Norman UNESNES UR% — LINES NOT SURVEYED— -- wer Company ALL CORNERS ARE AS NOTED o GLCLL10 PANT QGP. eth A. Knox) IRat PIPE FOLRIO O I - 75-A IRM Pel SET • 534, Pg.70 NOTES: SURVEY MADE USING EXISTING PWMCAL EVIDENCE I'MAI9 AT TIME OF SUR%EY. 9,ascT PROPERTY MAY BE SUBNOT TO RECORDED OR UNRECORDED EASEMENTS, RK71T-OF-MAYS SETBACKS AnAlt Rt�TRlcnwE couEN,wTs Nor stoYM NEREGN. SOURCE OF TITLE: D.8.534, PO -70 DUKE POWER COMPANY COWANS FORD DEVELOPMENT ADDITION TO LOT NO. 8 OF BROWNS COVE SUBDIVISION LEMLEY TOWNSHIP MECKLENSURG COUNTY, N.C. wown "S m ma seal thi. 4 doy a T9 -BOOK 25 0 25 50 75 CREW.: GI OCTOBER 2, 1996 DRAWN BY: R, SrAF : 1'=50 SCALE IN FEET E.C.=1':10,0( I PROJECT NO. 7327 1 PARS NO. 50043 1 REQUEST NO. 90096 ■ 1 SWO,f Nob C,,&,. Cam+9 of Mectleobwg The fowsoft cef i%ue(s) d ;m wbccem+.Ibis7 jWTM A. GOMM, REGISTER OF DEEDS i� N s6s Reowofftdb w tv bd *z tvd Vb bd M'g'e'ts "i uall3clf, UOPa: arj -0 JaDWIN 6 707 of Det 'VStibC • Lis Nld WW inn idw NM{zoa C:NWA 'Y 44agcai j} 'QNT(j ,.30 w J31vvMn sv 3hv SNVW�� nv AuodujoD �omod V)WO -03�OAWS 4ON 5,Wl lzvu"OAr A SNMO80 iii IR ON 101 1xv I) 11VI llbvow" ,190W D140 smol IQ; V4 QL 5d 'KS'S'0 tt1i -m 00 00, ' w I 7 -9(*Qe 8*QAjnq W14 ftiddwy n 14) Aq NoO VA owsoG Malt oao tv bd *z tvd Vb bd M'g'e'ts "i uall3clf, UOPa: arj -0 JaDWIN 6 707 of Det 'VStibC • Lis Nld WW inn idw NM{zoa C:NWA 'Y 44agcai j} 'QNT(j ,.30 w J31vvMn sv 3hv SNVW�� nv AuodujoD �omod V)WO -03�OAWS 4ON 5,Wl lzvu"OAr Q�wi% SIMI 1xv I) llbvow" ,190W D140 smol IQ; V4 14, 1,!:, 96Z UQ tv bd *z tvd Vb bd M'g'e'ts "i uall3clf, UOPa: arj -0 JaDWIN 6 707 -414 3 t4tl"Xg �R j E1 (A/ 14, 1,!:, 96Z UQ kl!A��akN t 4-1 9 7011 -414 3 t4tl"Xg 0 (A/ 14, 1,!:, : w/ �� /d��� : � � \ � � \ .� 00 ltv ifi Ilk u 0 Goclc earth D UKE E NERG Y D IRECTI ONS BY R OA D FORM Lake Use Permit Applicants and Contractors: Ease of locating the 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 12 Q 526 SOUTH CHURCH STREET CHARLOTTE, NC 28202 Applicant's Name: Street Address (at lake): RAM M herrV n P_ L&n1Pr5v , 11e . %1C, ZW78 Lake Name: 1Aurn- Gin Subdivision Name: brolqq Y)!b Cov e, Property Section: Lot #: B City:l-ku-n1 'SV111e_ County: McJlenbnYyA Ili State: tl� C.." Zip: ; 807 P) Telephone: _701 - t0 (D 1- 5 J (Dy Directions (from major road or highway): Vr^pv-y` 1-7 7 rA Ib... --aVi e E.it►-E Z5 -�-Virn 1 e:�} o n+v TAC 73 * 150.m Fo rr Rd , +Urn i erry Lci-ne.. 1�. e -s -i Y)aAio►n i 5 o n -�V) e I�-F-�-. Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile ,,,,C home, etc.) �- r►Qy� 1)oYlne , 3 mer W iv�dOWry i rw` *Note: Please use the back of this form if desired to draw us a map to the site. J�{M�l�(��� Y6 ItiA/'1!M`V Ptd Ml t4iS. h.snKfY a�^p 4 t Q1�SGEii liflM• us tuvo .Yk .R11rg1'MTJT>• L(iIYeMbFt YOtr'MG11Y.�r liiTf 1 f ... `VV1r�, K t a 35.433397 -- WA15330 OP 3 y ; y.rie�i.writ MMr•N� of- i ice~ �. Ji/AiY961f1r K summ ni.Y 4MaiY�� List of Names of Adjoining Property Owners 16401 Terry Lane Huntersville, NC 28078 Excavation Neighbors Robert and Kathryn Mullen 16407 Terry Lane Huntersville, NC 28078 Michael and 10 Ellen Herndon 16333 Terry Lane Huntersville, NC 28078 Disposal Neighbors Harold Edwin and Cherie C. Stutts 8585 E NC 150 Hwy Terrell, NC 28682 �•� DUKE ENERGY EXCAVATION PROJECT USER'S AGREEMENT LETTER (Please fill in the blanks. Please Print) TO: Duke Energy c/o Lake Services - EC 12Q P. O. Box 1006 Charlotte, NC 28201-1006 us Excavation For (Si Name) G r" (Lake/County/City (Duke File No.)_ and Lot #'s or Other Project 1._O'C$ Zrown6 CQVP, / / 1Au _^Ar rSV i lle Lake Services Duke Energy 526 South Church Street Charlotte, NC 28202 Mailing Address: EC 120 / PO Box 1006 Charlotte, NC 28201-1006 (Applicant's full name) e M rjlh hereby agrees to comply with all recommendations, re4airements and/or conditions of Duke Energy Lake Services, General Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the application to excavate for the purpose of a ���. 5 �► 7 Q.CLP_�i�_• In addition, Uwe have read and agree to comply with Duke's current Shoreline Management Guidelines (SMG), much of which is repeated hearin, and understand that written authorization must be obtained from Duke Energy Lake Services prior to beginning any activity within the FERC project boundary or on Duke Energy land. The excavation will be completed as described in the approved application and within eighteen (18) months from the date of written approval by Lake Services, 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 Lake Services. Uwe understand that if the SMG or other applicable rules change during any extension period, I/we will be expected to comply with the new requirements to the maximum extent practicable. 1/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 SMG and that the new application must include any applicable fees and security deposits. www. duke -energy. con r Uwe attest to be the owner(s) or lease holder(s) of the land immediately adjoining the project boundary or Duke -owned peripheral strip 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. 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. Uwe understand that all excavation work must be done directly in front of my/our property and within the third of the cove nearest my/our property or within any middle third of the cove that Duke Energy owns, or Uwe have written authorization from the owner(s) or lease holder(s) to carry out the proposal within the project boundary adjacent to/on their land. 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'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 Lake Services. I/we 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 Federal Energy Regulatory Commission (FERC) review does itself require specific review and approval by the FERC before Duke Energy can issue any approvals. I/we agree that unless specifically approved otherwise in the application, explosives will not be used as part of this excavation activity. I/we understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife and other natural resources. I/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 Lake Services. Duke Energy Page 2 Rev: 9115/06 EXCAVATION APPLICATION Effective Date: 11/15/98 Gpal/LAKEMGMT/Package Information/NC C -W Dredge/Excagre9. 15.06.doc I/we agree that excavation activities in North Carolina and South Carolina will not occur during the months of March, April, May and June because of the potential impacts to fish spawning areas. I/we 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. 1/we 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 that 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. I/we agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. I/we 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. I/we 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. 1/we 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. I/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 Minimization Zones as identified by Duke; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. I/we agree to provide nay/our contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures. I/we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are discovered during the excavation, work shall be halted immediately. I/we will then notify Duke Energy Lake Services and the State Historic Preservation Office to Duke Energy Page 3 Rev: 915/06 EXCAVATION APPLICATION Effmice Dale: 11/15/98 Gpal/LAKEMGMT/Package Informawn/NC C -W Dredge/Excagre9.15.06.doc determine what measures, if any, I/we must pursue to protect or salvage the archaeological resources. I/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. I/we agree to be fully responsible for the permitted lake use and 1/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. I/we understand that Lake Services representatives may issue Stop Work Directives for any violations of the SMG and that 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. I/we agree to immediately comply with any Stop Work Directives, to fully cooperate with Duke Energy Lake Services and other agencies as necessary and to perform the necessary remedial actions within the specified time frame. 1/we agree to develop any required mitigation plans and to complete any required mitigation activities at my/our own expense within the specified time frames. I/we 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. I/we agree to notify Lake Services by phone when the excavation is initiated and to ensure that during the excavation period, the weather-proof "Duke Energy Approved Lake Use Activity" sign (to be provided by Duke Energy) remains posted at the job site and visible from the water's edge. I/we agree to notify Lake Services 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. I/we have included a check for the applicable filing fee and security deposit, and copies of all other necessary permits. 1/we recognize that security deposits will not be refunded if any violations of the SMG or this user's agreement occur. 1/we understand that there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. 1/we 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. Duke Energy Page 4 Rev: 9'15/06 EXCAVATION APPLICATION Effective Date: 11/15/98 GpaVLAKEMGMT/Package Infor nation/NC C -W Dredge/Excagre9.15.06.doc I/we 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 lands and waters shall not hinder the general public's lawful use and enjoyment of the same. Sincerely, Ap icant's Name (Print) Lot # Applicant nature *Co -Applicant's Name (Print) *Co -Applicant's Name (Print) *Co -Applicant's Name (Print) *Co -Applicant's Name (Print) Lot # *Co -Applicant's Signature Lot # *Co -Applicant's Signature Lot # *Co -Applicant's Signature Lot # *Co -Applicant's Signature * 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. The check for the application filing fee and security deposit should be from the party shown as Applicant and not several checks from the Applicant and Co - Applicants. By signing this agreement, Co -Applicants are in fact recognizing and agreeing to the same conditions as is the party signing as Applicant. Duke Energy Page 5 g Rev: 9'15/06 EXCAVATION APPLICATION Effective Date: 11/15/98 GpaVLAKENIGNIT/Package Intomuion/NC C -W Dredge/Excagre9.15.06.doc