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HomeMy WebLinkAbout20170047 Ver 1_Shoreline Stabilization_20170110 State of North Carolina DWR Department of Environment and Natural Resources Division of Water Resources 15A NCAC 02H .0500—Water Quality Certification, Shoreline Stabilization Division of Water Resources 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 V, 0 4 7 1617 Mail Service Centeno Raleigh, NC 27699-1617 e� 0.# Applicant Information [15A NCAC 02H .0502(a)] �� 1. Owner Information 1� 1 O �V Name: • — r 1 8t "J • rl +n �1 t e'\ Mailing Address: 41 7 1-V-01 ��`�f"cl Trr:i je '��I� L e_n\f ec IvC� Z CT 337 4) &4 s Telephone Number: 717-8ET- Z, 1 W Fax Number: E-mail Address: ` 7_C U4Yle @ 5MCti Cf)irYl 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 application form. Name: T)orlr1C V. \kr-V-10 Company Affiliation: L.O.Y1C_Cithelr 6 �S�OyY1�OC�i + 50-1-eros Int",. Mailing Address: l l 5 (o Pey-+h Rd ou-E-mar), 2JB i lao Telephone Number: ,?402)9-6009 Fax/Number: 04-_5'Zf3-340Q E-mail Address: C'�o►'1r1Gt . Ictc I-erd oC S YYl ! /.60)7Y1 CQS � � Q Person to receive the Certification Approval: nn a, 12C) 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: LI r\C.p \r' Nearest Town: -0e_s-1 V'er Subdivision name or site address (include phase/lot number): Norma✓1 Pc ;n4-e Le#4 9.3 Directions to site - please include road names and numbers, landmarks, etc.: Vroryi NC-I In , ,e (-44-o n� S�.Banes Ch tirc.h Rd. burn r i q h - a�-fn NC IL.3t�sinPs55, tern Ief-1-or► We�hsRu rl, )- - rir% lei-E-o�rdo 5�innalter • - r' .. • • u • 1 _ 1 ,' as.- • al - _ • a f• 4 • Prole . Latitude (in decimal degrees) 35. 527 7' Longitude (decimal degrees) —W. 983361 5. Describe the existing land use or condition of the site at the time of this application (residential, undeveloped,�ettc.): res t C�en-i0.I 6. Property size (acres): • ! r 7. Lake/ river/ocean adjacent to property: L_CME Alorrnac1 8. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): Dredge area 10' rA A r hoccH)(1C ac 9. Will work be conducted from l T d? n 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: . 0 0 2 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: 7 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): 41*/2// 1 1 -011114-er O ner/Age is Sig .ture < Printed Name Date [ISA 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 La ke (At Full Pond/ Normal Water Level) 30 X30 , 8 re cip e. ' `, l �S+ W t - �I reJgUir'e 3`S}e.�o 1� Pes . Clown` fhng�r ld`@ t� I Full Pore/ Normal Water Level Shoreline Z fi nge.r I -X 1O Pi e -r .1 Please approximately sketch the following information on this plan (provide dimensions for each item, such as 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 I: �� I ��� c ,1 ' .. ill! �'Q��"I = ♦ '� ' � � t �4 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 Initials Approved to Start Work By*: _ Date (Print) (Sign) Date Completion Required Date of Any Approved Extension Initials Date Passed Closeout Inspection* Initials Any Stop Work Orders or SMG Violations*?(check one) ❑Yes ONo (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) Q Name SOSeptilFtSenrli+tter l'�l 1'11ey Telephone (117) 88T-Z1D(o Lake Address 4137 E-lal\tar 8r 1 q e ! Mailing Address Denser, 1C, 2g03 ( (If different) e-ma:►l • J z0.1')u4n ey ( cif C I•C.b I Contractor Company LCkY1 Cue—r'4, Cii€kt m 0oc}11 et Li f+ 616-l-efv1 E /I n e. Contractor Contact Person !)O Y {1C{ tJr'Y Telephone (4)to Z�^lot)4 LQ donna.. l4ncas}erdocAS@c�v)la l l•CO m LAKE LOT INFORMATION *� ` j� ( /� l�i.rce.1 I DI 85Vl(p Lake` t)('Y*ma County Una)(\CI) y 1 City l J ell Ver State 1 V 1... Tax Map No. 41e0 5-QZ-48l(p Subdivision 1`1OI rn&r -Poi y>r Lot/Section No. 43 Lot Size . 7 Acres Are there any Co-Applicants*?(check one) ❑Yes No (If Yes, include 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 /91&//& Initials(Duke Energy) (applicant/contractor) [/'E. 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 I. Type of excavation:(check one) (New excavation 0 Maintenance excavation 2. Purpose of excavation:(check one) tiitBoat Access Channel 0 Water Intake Channel ❑ Wastewater Discharge Channel 0 Other(specify): 3. Lake user category:(check one) )2(grivate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other(specify): 1� 4. Max. Excavation Area Dimensions(ft): Length 30 4c- Width 3C cT 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): 150 Cubic yards 11�__ 6. Type of material removed(applicant determines by field sample if practical): SOJA A'E l l T / Cla.`, 7. Excavation Site area: •OC) 2 Acre(s) Disposal Site area: • 00 Z Acre(s) 8. Total Disturbed Area(including equipment staging area): . 0 0 2) Acre(s) 9. Does the project meet the requirements of the applicable General Permit?(check one) IXYes ONo 10. Do you claim title to the disposal area?(check one) ) Yes ONo 11. Do you claim title to the equipment staging area?(check one) .Yes ❑No 12. Are there any water-treatment facilities within 50 feet of the proposed excavation area?(check one) ❑YesNo (If Yes,specify): 13. How will the excavated material be entrapped and the erosion controlled?(e.g.see attached erosion control plan and disposal area design): 11 - . �' • ,, • • u ' I - • , • a • �.• - Ira • �•y-a • N l •t • - fair• •1 • % • •�/I t/I�y!mr s ((7, ia- le • - • l .01.7r•',, . .1.• . s •.. . :ETiRMAItT. r.. .M><' III?:Cl• •►5poroal area.. 14, Type(s)of excavation equipment to be used: i •w Iy_ & —- [ll _ A _ /, f 15. Will waters . wetl.nds be crossed in transporting equips I ent to or from the site?(check one) INLYes 0 o Mies, explain) / ii. - ii. " a .. " •I - • Ii • • -. • .• ■ I •, r wr-1/2-►1 + Ci C • 1 d way '7 l r;(la- -Ft pro,ec+ st P. o e L-C1.111 Y'man . 16. Will return water re-enter the reservoir?(Check one) ❑Yes to ON/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? ❑Yes ❑N (If Yes,specify the existing permit number. If No, include a scaled drawing of the proposed facility). Permit# 1 77i(pj 18. Total planned duration of the work(Include first equipment mobilization, excavation through final mitigation measures complete): START 2) / )7 FINISH 12j / 17 (Month) (Year) (Month) (Year) 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: Identification Method(*) Protection/Avoidance Areas Approx. (check all that apply) Acreage Field ID Work Area Dwg.ID Avoid(A)or Mitigate(M) fiLn a. Marshland,swamp,ponds,beneficial /1t,aquatic vegetation or other potential wetlands(circle all that apply) b. Buffer Zones(specify width&source of T requirement) V r'ecq1✓1 will b e accomplished from yb w ti-h excavator. OWloo -to dump irttr_k_G a.-1-- Midway IKari . lkaA-e.vriq.ks w► El be Leve led off 131 bt:Le c. Environmental Areas as identified by Duke Energy A V A d. Natural Areas as identified by Duke Energy N /A& e. Historic properties(specify) /VA_ f. Rare or threatened species(specify) A/A g. Buried gas,water,sewer,communications A `� 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 Identification Method(*) Protection/Avoidance Areas Approx. (check all that apply) Acreage Field ID Work Area Dwg.ID Avoid(A)or Mitigate(M) or electric lines(circle) h. Impact Minimization Zones as identified by /VI/ Duke Energy Ai/A_V1/A_ i. Other areas requiring specific avoidance, protection or mitigation(specify) VA— * 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: Applicant Name (print) 4)1,n �k . u ` i ` Lot# 43 r� � Applicant Signature* .. ii , DateIZ-Z R-I (o l Co-Applicant Name(print) Lot# Co-Applicant Signature* Date Co-Applicant Name (print) Lot# Co-Applicant Signature* Date Co-Applicant Name (print) Lot# Co-Applicant Signature* Date Co-Applicant Name (print) Lot# Co-Applicant Signature* Date Co-Applicant Name(print) Lot# Co-Applicant Signature* 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&II,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. 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). An accurate scaled drawing(1"=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 information 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. /f. A map or Duke Energy Directions by Road form showing directions to the excavation area and disposal area. E! 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.* ,I A list of names and addresses of adjoining property owners for both the excavation area and disposal area. G. A copy of all permits and/or letters of correspondence to/from local,state and federal agencies that require notification or issue individual permits. yProvide the existing permit 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). I. 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.maphlast.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 I. 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 do 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 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. 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 permit 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 Commercial/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 IV.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, (For Burke, Caldwell, McDowell or Iredell, Lincoln or Mecklenburg Counties) Transylvania Counties) N.C. Dept.of Environment&Natural Resources N.C. Dept.of Environment&Natural Resources Division of Water Resources Interchange Building 610 East Center Avenue; Suite 301 59 Woodson Place Mooresville,North Carolina 28115 Asheville,North Carolina 28801 (704)663-1699 (704)251-6208 (704)663-6040(fax) 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 rev 9/19/14 Excavation Program e:\#daren\@duke permit\c-w excavation application 11.3.10.docx 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 Permit 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 Permit 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 1V.A. 1-4 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 Form (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 them. 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 must submit a copy of the completed Tribal Historic Preservation Officer (THPO)Consultation Information Form(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 must 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 must 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 them. 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 Catawha Indian Nation Trihal 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 11.3.10.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 applicable General Permit(GP 87-14-001)and will remove from 50 to 150 cubic yards,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 information required under PART III A-H for at least 30 days consultation: S.C.Dept.of Natural Resources do 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 Permits on South Carolina reservoirs: (For Lake Keowee) (For Catawba-Wateree lakes) S.C.Dept.of Natural Resources S.C. Dept.of Natural Resources c/o Mr.Mark Hall do Greg Mixon 206 Laurel Valley Road Rembert C. Dennis Building Sunset, SC 29685 2600 Bull Street (864)878-9071 PO Box 167 Columbia,SC 29602 (803)896-7767 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 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 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.land 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 S.C. Dept.of Health&Environmental Control Regulatory Functions Branch Water Quality Standards&Wetlands Section c/o Mr.Colton Bowles c/o Mr.Chuck Hightower 1835 Assembly Street 2600 Bull Street Room 865B-1 Columbia,SC 29201 Columbia,SC 29201 (803)898-0369 (803)253-2400 US Fish and Wildlife Service S.C. Dept.of Natural Resources c/o Ms.Amanda Hill c/o Greg Mixon 176 Croghan Spur Road,Suite 200 Rembert C. Dennis Building Charleston,SC 29407 PO Box 167 (843)727-4704 ext. 12 Columbia,SC 29202 (803)896-7767 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 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. 1f 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 1 1.3.10.docx BK 2550 PG 32 - 33 (2) DOC# 539605 This Document eRecorded: 10/21/2015 10:10:41 AM Fee: $26.00 DocType: DEED Tax: $2,280.00 Lincoln County, North Carolina Danny R. Hester, Register of Deeds NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $2,280.00 Parcel Identifier No.85696 Verified by County on the day of ,20_ By: Mail/Box to: GRANTEE This instrument was prepared by: Thebeau&Associates,PA,19600 W.Catawba Avenue,Bldg.A,Ste.100,Cornelius,NC Brief description for the Index: LOT 43, Final Plat of Norman Pointe THIS DEED made this 21st day of October , 2015 by and between GRANTOR GRANTEE Anthony J.Schiano and wife, Joseph Zakutney and wife, Susan A.Schiano Jennifer Zakutney PO Box 8293 4137 Halyard Drive Duck,NC 27949 Denver,NC 28037 Enter in appropriate block for each Grantor and Grantee: name,mailing 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 Denver , Township, Lincoln County,North Carolina and more particularly described as follows: BEING all of Lot 43 of the map entitled"FINAL PLAT OF NORMAN POINTE"as shown on map thereof recorded in Plat Book 14 at Page 34 in the Lincoln County Public Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 2040 page 747 All or a portion of the property herein conveyed X includes or—does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 14 page 34 NC Bar Association Form No 3®1976,Revised®1/1/2010 Printed by Agreement with the NC Bar Association submitted electronically by "Thebeau and Associates" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Lincoln county Register of Deeds. BK 2550 PG 33 DOC# 539605 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: All such valid and enforceable easements and restrictions of record. IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of i ;y and year i , e writtelt. EAL (Entity Name) PrintfT . :, -. . ion J. Schiano/ i By: 4e.. ,,..m.„-- e.-r4 / (SEAL) Print/Type Name&Title: Print/Type Name: Susan A. Schism By: (SEAL) Print/Type Name&Title: Print/Type Name: By: (SEAL) Print/Type Name&Title: Print/Type Name: liAtt State of Nort� q County or City of-� �CYle. I,the undersigned No Public of the County or City of.C1,11-,1"ericAot and State aforesaid,certify that Anthnnv J Schiann and wife_ Sucan A Schiann personally appeared before me this day and acknowled.ed the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this -I,..,i day of October ,2015 . ..-----......-- NOTARIAL --mssNOTARIAL SEAL ti �1�1�- Commission Ex ires:i0 i r` � �u�l TARYN M YOHN My p Y rt �-c Nptary Public ��kt No Public (Affix Seal) HAMPDEN TWP.,CUMBERLAND COUNTY s Printed or Typed Name My Commission Ex fres Mar 28,2016 State of -County or City of I,the undersigned Notary Public of the County or City of and State aforesaid,certify that personally came before me this day and acknowledged that_he is the of ,a North Carolina or corporation/limited liability company/general partnership/limited partnership(strike through the inapplicable),and that by authority duly given and as the act of such entity,_he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,this day of .20_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of -County or City of I,the undersigned Notary Public of the County or City of and State aforesaid,certify that Witness my hand and Notarial stamp or seal,this day of ,20___• My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name NC Bar Association Form No.3®1976,Revised®1/1/2010 Printed by Agreement with the NC Bar Association NOTES: PHYSICAL SURVEY • PROPERTY MAY BE SUBJECT TO RECORDED OR FOR UNRECORDED RIGHTS OF WAYS OR EASEMENTS FORK Rte\,''' --- NOT OBSERVED COVE • OWNER TO VERIFY ALL SETBACKS AND ZONING L1 REGULATIONS PRIOR TO ANY PLANNING OR Ano CONSTRUCTION. CATAWBA SPR. TOWNSHIP — LINCOLN COUNTY • DIMENSIONS OF ALL IMPROVEMENTS SHOWN ON C. LAMPLEY THIS PUT SHOULD NOT BE SCALED OR RELIED _IDEDMON SURVEYS UPON FOR DESIGN OR CONSTRUCITON WITHOUT 4.68'I o' 4. .IST A FIELD VERIFICATION OF ALL DIMENSIONS. ROBERT DEDMON, PLS #3899 • DIGITAL COPIES OF THIS FILE ARE FOR REFERENCE #4 PIN � / / ONLY AND MAY NOT BE USED FOR DESIGN WORK. 6 3 • ALL UNDERGROUND UTILITIES ARE NOT SHOWN HEREON. PHONE: 704148314908 • A PORTION OF THIS PROPERTY IS LOCATED IN A 100 YEAR FLOOD PLAIN FAX: 704148312170 AS DESIGNATED BY FIRM PANEL # 3710461500 PB E-49 EFFECTIVE DATE: 8-16-2007 • NO PORTION OF THE RESIDENTIAL STRUCTURE IS IN A FLOOD ZONE. LAKE NORMAN r " ANY DOCKS. PIERS Oft OTHER" �IMp({QJp1FJ1rS LT ON lAl(E� _ME NOT511aMN ON TTNIS ^. ,SURVEY PU.= DOCK LT L2 /APPRO) #4 F b"#4 PIN RET. WALL FIRE PLACE PHYSICAL SURVEY No c FOR LITTLE FORK Rte\,''' --- LO COVE RD \� °E°" L1 760' coNrouR •y Ano CATAWBA SPR. TOWNSHIP — LINCOLN COUNTY 60' R/W _IDEDMON SURVEYS S 50-03'55- E 1 4.68'I o' 4. .IST 42 ROBERT DEDMON, PLS #3899 R/W #4 PIN � / / PB 14-35 P.O. BOX 494 - DENVER, NC 28037 PHONE: 704148314908 FAX: 704148312170 #4 PIN CZ DR tiJ,a9s\ DEDMON SURVEYS 0.694 AC.+— `' %�• sok \,`,30236 SF ; PB 14-35 •�- #a\PIN / #4 PIN I .1 O l LEGEND: v BOUNDARY LINE SANITARY SEWER UNE / / �;�\ •: II rn \` — NATURAL GAS UNE 34 e'O, �� _ #4 PIN O — UNDERGROUND POWER r UN \ \• 9 S ^ UNDERGROUND TELEPHONE — WATER UNE \ . d. Ir -o-� — FENCE (TYPE NOTED) PB 14-35 #4 PIN CP COMPUTED POINT (UNMARKED) •: R/W RIGHT—OF—WAY E/P EDGE OF PAVEMENT C/L CENIERUNE / 43 d - UTILITY POLE / sB / 35 ee . s FIRE PLACE -RET. WALL PHYSICAL SURVEY FOR ANTHONY & SUSAN LO SCHIANO L1 760' coNrouR •y LOT #43 OF NORMAN POINTE SUED. ® 4137 HALYARD DR, DENVER NC CATAWBA SPR. TOWNSHIP — LINCOLN COUNTY (� SCALE: 1" = 50' DATE: 3-18-15 _IDEDMON SURVEYS S 50-03'55- E 1 CHUCK POOVEY, PLS #3762 42 ROBERT DEDMON, PLS #3899 3704 NC HIGHWAY #16 NORTH PB 14-35 P.O. BOX 494 - DENVER, NC 28037 PHONE: 704148314908 FAX: 704148312170 -RET. WALL 1 Course Bearing Distance L1 N 80'56'38- E 31.71 L2 I N 88-29-36- E 1 44.32 L3 I S 50-03'55- E 1 22.67 42 PB 14-35 Curve Radius I Length Chord Chord Bear. Cl 50.00 39.08 38.09 S 15'01 40 W C2 50.00 94.50 81.05 N 73'08 35 E \R/W #4 PIN 50 0 50 100 150 #4 PIN GRAPHIC SCALE — FEET PB 14-35 ,Rn HALYARD DR 60' R/W N AR 6 `:�•b oaeucEss, cwt/• L_jE p %9L 44D suN� U.� I, DAVID C. POOVEY, CERTIFY THAT THIS PUT WAS DRAWN FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DB 2040, PG 747)(PB 14, PG 35; THAT THE RATIO OF PRECISION AS CALCULATED E NEEDS 1:10000; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH GS 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAT. THIS 18 DAY OF MARCH, AD 2015. Y�J �• L-3762 PROFESSIONAL I ADSU LK:ENSENO. SURV BY: CP I DRAWN: CP IJOB# NP43 I VICINITY MAP SITE �qG x N� hFl� HALYARD DR o� LITTLE FORK COVE RD •.I - v NOT TO SCALE! V-__ Sysftmsw P mar r� 1r a} ✓ ..... ..._., �..- -. -. } -. a.+.-. r' 't', ': ^'"r l" n�...ar m...rp �...;rt.«.;.. w.'•..t; .R...... ..n'3P^"!�, ".. -' "'K.....1'::'".R; n: .-,A.3,0x30 dredge cut with required slopes 10 -ft at fL&Dond approx. 130 cuyds 3 -ft wide stepdown Joe Zakutney 4137 Halyard Dr Denver, NC 28037 NOT TO SCALE! 15 -ft 1\ 14 -ft 4x10 pier 30 -ft 2 -ft wide finger WL _ i 4 F: a. S; r. '4rkq�j� WL jj� jj� DUKE ENERGY D I RECTI ONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site canhavea 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: 3oSP Or) Za ISL&ney Street Address(at lake): 4137 t-401 y and D r 1 P_ Lake Name: r►m CUrl Subdivision Name: No f mCi..r Property Section: — Lot #: 43 City: ender County: Lk ncO 1 n State: IV c+► l earn 11 na Zip: 2E 033 l Telephone: --(-17- 0S7- 2 1lD(D Directions (from major road or highway): �'pm IJC.-I(p N3 A-urrl r i h+ p n+o -alryies Church Rd, i-Urn ri h+ onj-p NC,- Ito Business 1J +uryl b onit, Webs d i-v.r\ lef-- o,itt) 5p;nr,aliler Place fu.v-n o V\+c N 0 e✓navy 10 i n+e u r•r, le-F4- o r i-o lk(a r'd lb r i ve, R.0 s ct+ t he. end o-F t h e cu-l- d e-Sac . Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc.) *Note: Please use the back of this form if desired to draw us a map to the site. LAKE NORMAN NORTH QUADIWIGLE W.,I lene US.DEPARTI4ENT Of THE/ITO/OR nOlowo#4 140eTN CAROLINA 111 tialjig US GEOLOGICAL SURVEY :s''US Topo /511111M NAILS / 0°1 :,.,..CATAWBA CO -- ---------,--- / , LINCOLN CO -- ‹,.. i e. t,' i a A I* \\ VI \ A TO \ I N + \\ ,. --- ti i,, , kf , ; , , . ..,0I0 t, ,t": 0 i2 tr. . .), 0 r ' \ v,. .., ,RIDGE DR • g # , I \49 , , ... r---\ II vt) ,roi, Ii i, ,, ,.., ,..........1 _o A s ...—.-----36112878'1"o \ 1 , , , .ag , ----,-, „,. t ,, _so. 3301 . \ ,1 .., 1 ' cl. , .,i‘S I RD I-' '''' . 1 44 *6, sp, ,,, ‘ q4 k , war.,•es miaow.ammo.o. i .,.... ......... .......- It IV "" ..... ... ........ la ...... . . ''' .""` . . . . . irearairrir • •,, -.. ,..,....._. MINN...-7. MN ,....,.......... . MO L.-:.--- Litt OMNI WAR'IN OK Its l• ..... ry•rygy. iiiiii ..I Zakutney 4137 Halyard Drive Denver, NC 28037 Excavation Neighbors Norman Pointe Homeowners Association Mailing Address: 0 Nautical View P.O Box 2541 Denver, NC 28037 Cornelius, NC 28031 Prestige Homes and Renovations (2 Lots) 7680 and 7672 Nautical View 112 Camp Lane Denver, NC 28037 Mooresville, NC 28117 Charles G Lampley Ill 4415 Little Fork Cove Road 4415 Little Fork Cove Road Denver, NC 28037 Denver, NC 28037 Michael P Breen 4135 Halyard Drive 9903 Nicole Lane Denver, NC 28037 Charlotte, NC 28269 Disposal Neighbors Finley William M Ill +Jeanne T Revoc TR ETA 1178 River Highway Mooresville, NC 28117 Hager Sidney B + Hallie 139 Robinson Road Mooresville, NC 28117 DUKE Lake Services NVI ENERGY, Duke Energy 526 South Church Street Chaiiotte,NC 28202 Maifiny Address. EC 120 i PO Box 1006 Charlotte NC 28201 1006 EXCAVATION PROJECT USER'S AGREEMENT LETTER (Please fill in the blanks. Please Print) DateILP TO: Duke Energy c/o Lake Services- EC 12Q P. O. Box 1006 Charlotte,NC 28201-1006 RE: Excavation For(Subdivision and Lot#'s or Other Project Name) SOSeph F Senn; er' ZaiLlu-Eney (Lake/County/City) N0 r may' l v1Co I n / Den.'er (Duke File No.) (Applicant's full name) — & - Y- 1'1h ile_ hereby agrees to comply with all recommendations, requirements and/or condition of Duke Energy Lake Services, General Permit(s) (if applicable) and other federal, state and local agency r quirements pertaining to the application to excavate for the purpose of a ,k-s1ip acres5 • In addition, I/we 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 I/we obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy Lake Services. I/we 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. I/we also recognize that failure to complete the excavation within this build- out period will require the filing of a new application within the then-current SMG and that the new application must include any applicable fees and security deposits. www;1t7ke er'e gy.0 1,71 I/we 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,I/we have included proof of title to the property and written authorization from the owner(s) or lease holder(s)to carry out the proposal within the project boundary adjacent to their land. I/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment staging and disposal of excavated material or if not the owner or lease holder, I/we have included proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the work on their land. I/we 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 I/we 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. I/we 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. I/we understand that for proposed excavations , I/we 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. I/we understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before I/we 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, , ilius[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:9 15;06 EXCAVATION APPLICATION Effective Date:1115/95 Opal 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.I/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. I/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 tiny/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:9'15/06 EXCAVATION APPLICATION Effective Date:11'15/98 Gpal/LAKEMGMT/Package InformatiorNC C-W DredgeExcagre9.15.06.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 I/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. I/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 iob 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. I/we recognize that security deposits will not be refunded if any violations of the SMG or this user's agreement occur. I/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. I/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:I 115%98 GpaVLAKEMGMTPackage Information 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, zaklui y 43 Ai/ 4//7. 4'� /1- Applicant's Name(Print) Lot# Atty ant's Sig/attire I *Co-Applicant's Name(Print) Lot# *Co-Applicant's Signature *Co-Applicant's Name(Print) Lot# *Co-Applicant's Signature *Co-Applicant's Name(Print) Lot# *Co-Applicant's Signature *Co-Applicant's Name(Print) 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 Rev:9,1506 EXCAVATION APPLICATION Effective Date:11.15,98 Gpat LAKEMGMT%Package Infonnation'NC C-W Dredge Ercagre9.15.06.doc