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HomeMy WebLinkAbout20170190 Ver 1_Shoreline Stabilization_20170213L State of North Carolina Department of Environment and Natural Resources DWR Division of Water Resources Division of Water Resources 15A NCAC 02H .0500- Water Quality Certification, Shoreline Stabilization 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 PAI® 1617 Mail Service Center Raleigh, NC 27699-1617 Applicant Information [15A NCAC 02H .0502La 1. Owner information Name: —0-006 5 ilER-TL Mailing Address: 42-t 8 QUOu L #uw T LAPt5> K "A- bo *<- 0 C_ vvZ� Telephone Number: boy- 5,7(o- t{3gL Fax Number: E-mail Address: A --� oe ZrL e. A Tr • N E 2. Agent/ Contact Person Information 20170190 A signed and dated copy of the Agent Authorization letter (a form can be httn://www.saw.usace.ariTiv.mil/Portals/59/docs/r eeulatory/ree.docs/Pc-ritiils/5 RIZATION FORM.pdf) must be attached if the Agent has signed this application form. Name: -0c3'-J L.L,AV" �- Company Affiliation: S 'rl:M.L�i . �iVL L Mailing Address: 3 Z 3 OL lb 45tZ or-, IZ h C -WA 2 leo L-� , ll L L 9 Z 7 3 Telephone Number: 70N • 30, Z5SIC1 Fax Number: E-mail Address: Jad e 50,61^ LO1J5T-aMC_Te"J ClAaL-luft. (-,DM Person to receive the Certification Approval: L j% Mt -_- A- 11. Project Information 115A NCAC Q2H .0502(a) & (b)1 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, etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and FORM: SSGP 10-2013 Page 1 of 3 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: 6P43Tv-" Nearest Town: 5t L�o._rti Subdivision name or site address (include phase/lot number): 1.-o T t� ID A,1v113 LAtc-.1,-1•1L Z3®t'L _Lr4 £ Oot#'T Directions to site - lease include road names and numbers, landmarks, etc.: 57 = S- V7 3 J'*'S� e .,►-r� T I IL Z ?3 — -i-% 1 5,0 v C 2131 T3 Eke RT v 77 AXON t I -r m .� I i ✓ . 0 S%A �4.h✓f1i f o Latitude (in decimal degrees) 3 J• t 1 Z 7 S 3 Longitude (decimal degrees) 5. Describe the existing land use or condition � /of the site at the time of this application .'11 (residential, undeveloped, etc.): UPJ10' ,-"Per 15dr*4- of-vwl wo �� P,,1-bn't6% 6. Property size (acres): Z8 44 L 5 ¢ AGr-s 5 7. Lake/ river/ ocean adjacent to property: �rz (-O-T— 8. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary): SE Curt Cpa Lf, L10-6 e_V,t^0L 2Vr- �S - b 124 I?�j,�, r� -Iv w► �-�ua LX )4f re n GOTr t k e- c •� r...,,, 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: I Z Sa s4 P -T• 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: C3 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): VAt-1+t w4 SMA41 50P/7(1,V L b 49 AMC 'r"C it '+A -LCC MA; � � y� (a,�- � (fir v �.tA t o A.IL W bJ 7'I y Owner/Agent's Signature* Printed Name Date [15A NCAC 02H .0502(f)] `Agent's signature is valid only if an authorization letter from the owner is provided. FORM: S5GP 10-2013 Page 2 of 3 I► Full Pond/ Normal Waatter evel ..� Shoreline eC4--J '�JV Lake (At Full Pond/Normal Water Level) 1-") am am Please approximately sketch the following information on this plan (provide dimensions for each item, such os 10 ft x 100 ft) *: 1. Ali 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 `FA,U N4 4EAAA .5 -,o 1_4 N4 1 � u FORM: SSGP 10-2013 rO Is L"'/ vk A w $A,-,_ Page 3 of 3 LEGEND THIS IS TO CEFMFY THAT ON THE 28 DAY OF December 20-jb--AN ACTUAL SURVEY WAS DONE UNDER MY SUPERVISION OF THE PROPERTY SHOWN HEREON. THIS MAP IS NOT K ENDED TO MEET GS 4730 RECORDING REOUIRBdENTS. , /►� '°0f9 sip. SIGNED Bishop Land Surveying, Inc. Cl. Cammn OPOMP 8 10719 Trolley C. �..�_ N ��i �,, Cornelius, 22&1 Phone: (704)634-9356 ruow MTaNMwPNMOE EAMlBIT MSEAL�:y Business License #: C-2674 y FJ.E L-3957 G ��� F4dMr®FUX3RQ YATM _f 1 PONERMA II I -I r NW 1e ScalM � '4T' b t^ 4 m t E ►� E l�� g � EW. Exwrm MONPM EAIL EOMTMO OONc1EW MpEPIWF sip. ft9•MR MOI FM Cl. Cammn OPOMP 31-26 PrArEmim �..�_ ADJo PEOPEO,Ti OfOEM ONPLAT P3Ol ruow MTaNMwPNMOE EAMlBIT CLOP E M.CE®S fu muw FJ.E FGOwfIOlECTME E"TNM FFE. F4dMr®FUX3RQ YATM TCL PONERMA 51t, f- Ae*w LAKE WYLIE PHDPENrY UW R M" E1E110Y C0W- MTE NOU NNW AmAPPIM)XY1 m mu POND OON.OUH m ms 700YEAHFLOOD00N VJR/FF.E-5"Z 0z EA.& MNU f VIO1atM .1 GATED: 7M71MM —_..OFFM UNE TABLE UNE LENGTH BEARING L1 11.21 N41-JF13E L2 31-26 NOr555 'E L3 40.91 N07.2Z17E L4 19.02 N18°3338E L5 34.82 NOt•4853'E LS 3.75 WSY9'17E LOT 11 oOM.EMOMORLON" - sn�Po�a i y f,p yam, V%% v fn -t A u. ( Cl4 /441�4- i3now7� r �- c,.v lu l ffi.7 LOSS .� ML 598.8 I LOT 13 GI EQIWIER vZ ,N 23.3) w.PMiMi UE 4W r `� I FOUNDATION I -I18A #1045 F .• 1 N L N BISMiT- . FFE 698.OT E – 59 . I ST: as ha�,�"�'}',• f GtG S. L_---____— — PENINSULA DRIVE . 4w nmm M► Foundation SURVEY OF Lot 12, L.akepoint Subdivision scALE 1.s 40. Southpoint Twsp., Gaston County, N.C. THE PROPERTY OF Douglas J. Sperr & wife, Kell/ A. Speff MAP RECORDED IN BOOK 77 AT PAGE 35 OEM RECORDED IN BOOK 4770 PAGES 2161 FI.E:CALaW P1Dj aWmswn C w*tdE0LLakWaW LUAva DI— W- RGB— 2/9/2017 Go gle �, dapM:. 1045 Peninsula Dr 1045 Peninsula Dr - Google Maps 11045 P—i—la Ddv. Rrl^.r.:t rttly �1h�� git � Map data ©2017 Google 200 ft ti 1045 Peninsula Dr Belmont, NC 28012 https://www.google.com/maps/Place/1045+Peninsu!a+Dr,+Belmont +NC+28012/@35.1714942,-81.0386441,17x/data=!4m5!3m4!1sOx885696e14cbbci23:Oxd704... 111 09/2017 1045 Peninsula Dr - Google Maps Go gle 1045 Peninsula Dr Gastonia Charlotte Htwratw al S-th 0 LTED BCIII.ng G—n -N 7.,d lk I clwe' Over Hgf, SC1,031 �0: gle cer".0"'d cc"'i'y ' Map data 02017 Google 2mi- 1045 Peninsula Dr Belmont, NC 28012 https:ltwww.google.com/maps/placell 045+Penirisula+ Dr,+ Belmont,+ NC+280121@35.1714942,-81.0386441,12z]data=!4m5!3m4!1 sOx885696e14cbbci23:Oxd704... 1/1 Spain Construction, Inc. 323 Old Hebron Road Charlotte, NC 28273 Don DellaMea 704.309.2559 don@spainconstructioncharlotte.com Re: Sperr Project 1045 Peninsula Drive Belmont, NC 28012 02/07/2017 Site Work Scope of Work Phase 1: (Above the Buffer Zone) (Completed) (See Compliance Letter) 1. Secure County and City Permits. 2. Construct Construction Drive. 3. Install silt fence. 4. Grade lower lot for preparation of lower yard grade. 5. Use existing top soil on lot for lower lot prep. 6. Back fill with existing fill dirt at proposed terrace area. 7. Cut house footprint for future house footprint at basement. 8. Cut and grade surrounding lot footage for proper drainage. 9. Supply and place #1 Hammer mulch at rear lot above Buffer Zone to protect soil. Note: Spain Construction is in final negotiations for contract of work for the performance of this project. We are down to two contactors that are listed on the Duke Website. Andy Thompson Grading and Clawson Pile Driving. Both contractors have performed work on our past permits. We are pulling the permits for the project in order ready for start once contracts are final. Clawson has been behind due to loss of a family member and Thompson subs permit phase. See inspection report from Gaston County. We have consulted Gaston County Soil Erosion and Sedimentation Control on several occasions. This property has heavy run off from this lot and adjacent lots. A natural sloping hill slightly left of center gathers heavy run off. It has been determined by Gaston County and our contractors that a stone flume is necessary along with mulching and plantings to control this run off. This is noted in our below scope of work. Phase 2• 1. Secure shoreline and flume permit. 2. Secure tree removal plan and remove trees at shoreline per Duke and DWR Requirements. (see photos) 3. Construct rip rap shoreline. (Gray rock) 4. Shoreline will have an 1,250 sq ft of rock at lower 100 mark and 960 sq ft above 100' mark. 5. Left of center at the 50' buffer is a deep ravine that is fed majority of water from this lot and lots left and right. We have consulted contractors and Gaston County Soil Erosion Sedimentation Control on how to secure soil and control run off. It was concluded a proper river creek flume bed would be best solution to address filtration and slow water run off. We will be using brown river rock with a few large stones to address construction. Plan is for a solid stabilization and architecturally appealing flume. The plan is to not have a "commercial" feel for this area. Homeowner will plant native approved plants later to assist in protection of soil and to keep landscape correctness. 6. Flume will preserve several large trees in the lower 50. Again, trying not to disturb to many trees in area which are adding security of soil. Plus trees bring shade. 7. We are primarily removing the "leader sapling trees." (Also noted dead trees) 8. All Shoreline and Flume work to be performed from land via access of construction drive per Gaston County Requirements. 9. Dump trucks to deliver all materials. (Rock and Mulch) 10. Track Hoe and Skid Steer will be used to remove trees, grade lot and place rock and mulch. 11. All removed debris will be via lot construction drive. Gaston County Soil Erosion and Sedimentation Control Program www.aastongow.com /departments /Natural -Resources CONTACT: Gaston Natural Resources Department 1303 Cherryville Hwy Dallas, NC 28034 Telephone: 704-922-4181 Gaston County Belmont Bessemer City Cherryville Cramerton Dallas Dellview Gastonia High Shoals Kings Mountain Lowell McAdenville Mount Holly Ranlo Spencer Mountain Stanley Mission Statement "To provide leadership and conservation assistance to the people of Gaston County to improve and sustain their soil, water, air, plant and wildlife resources." INSPECTION REPORT Project: 1045 Peninsula Dr. Location: LAKEPOINT Person Financially Responsible: Douglas J Sperr X In compliance Out of compliance Inspection date: 02/07/2017 Violations: Sediment damage: Corrective actions: None. Compliance date: Comments: Continue monitoring erosion at the rear of the lot. Mulch has been moved to improve erosion and sediment control. It is understood that a stone flume will be installed at the run off area at the rear of the lot and that landscape measures in the yard will be installed too that will help slow the water and prevent erosion and sedimentation. Report by: William J. Wier: Conservationist Contact made with: . THIS 6 TO CERTIFY THAT ON THE 28 DAY OF Daoan bur 20__Ifi_AN ACTUAL SURVEY WAS DOBE UNDER MY SUPERVSION OF THE PROPERTY SHOWN HEREON. THIS MAP IISS NNTIOTNTENDED TO MEET 08 47-30 RECORDING REOUF13MDFM !C� / ✓/ SK- Bishop Land Surveying, Inc. lNrrryf ��•�0 N caRo�.,, 10719 Tn�Ney Run DT. 2 4 SEAL rt Business Lioense V C-2674 L -39__577y " d l��ffffillllll���` LEGEND LAKE WYLIE PR9PEp1Y LBE is OUIS ElBlbr oovalATe 9ouNOANr Aw APPICd�M1E RaL row 9oNrouA aF as o tWYEARFWWfflIIIMil /FPE.4710 (F.E"PAKLr.A71�41UT@ l�.f1TOR�T UNE TAME UNE E.or. Erinrot>a11a�tElfoMatert au, te�T11tZ1Pw C.F. cakrumPOMt �..� 1,110" arum �••� e1lp�talltnPellTUEewae�alPur Pros PosuoslalranMl,M:erean aoaae TUMW ""t"ROOO/t101PC110M9E1ROtOn 3422 PJa 1 ®IumsfivAlm .n, PtM rm LAKE WYLIE PR9PEp1Y LBE is OUIS ElBlbr oovalATe 9ouNOANr Aw APPICd�M1E RaL row 9oNrouA aF as o tWYEARFWWfflIIIMil /FPE.4710 (F.E"PAKLr.A71�41UT@ l�.f1TOR�T UNE TAME UNE LENGTH I SEARING L1 1121 I N41'=3'E L2 312B NDB'66W L3 40.3B N071& rE L4 19= N164332399 L6 3422 HM'491WE Ls 175 Adswlrr LOT 11 g1A11101TOMM1ME s4mrs T 0 1 / I / I ice/ I r�� I I I I LOT 12 I 26,401 30. Fr. 0.664 ACRES I t !d 685.6' - romp 666.6' I s FOLINDATION #1046 FFE • 690.72 I =FT FFE.9BB.BT R omit I Patot Ts I 1 _ L_—______ . LZOO 6042.' i— - III i Eti t1�M11 , PENINSULA DRIVE dr�1„w Foundation SURVEY OF Lot 12, Lakepoint Subdivision LOT 13 mma l/OMIFA 1111itPY1M+ acALE 1.= 4M - Southpoint Twsp., Gaston County, N.C. THE PROPERTY OF Douglas J. Spen' & wife, Kelly A Spell MAP RECORDED N BOOK 77 AT PAGE 35 DEED RECORDED IN SOCK 4770 PAGEs 2161 FB.E:r— l Pr9JBclt1 UWU CMMV4MMANWOW L12Au0 Dm— Sp: RGS w DUKE ENERGY INTERNAL USE ONLY: Construction DUK6 Date Received: I I FAF Paid Application I` V` M Application Complete "mfontap r ENERGY. Permit No. Water Strategy, Hydro Licensing and Lake Services NEI' Fund Duke Energy �� Box 1006/ ECI 2Q Site ID C1gse-0ut Date Charlotte, NC 282018201 - 1. DATE OF APPLICATION* Z 7 % ► 7- Permit/Tag 1L APPLICANT INFORMATION (applicant maailing addnesr and contact information) Name* p 'D 9 C7r V fb S fli Primary Phone* --r Address* 51-5 D (D At-$ fLo rs to Secondary Phone 1-71) q- SS �%Oo City- 1, 114riottc 5tate* © Zip Code* y4,Z??j Fax Number —� Email* A I -I C 5f .410% C01.1IT'A ctIV-4 C �^ ,V L4 � L 6M 111. PROPERTY INFORMATION (location of permit) Address* S Z h i n s uL� b-1 V eL County" 66511 PJ City" AI o,v r State* I. O Zip Code* Z$ D 12 County Parcel ID number - (e.g. Pin, Tax ID, TMS Lake": �,. P, w ((� Number-) Subdivision1 Ip,'L D i N 1 1 Lot(IS) 1 Plat BooWPage To enter the Latitude and Longitude of the property, please use a Latitude (e.g. 35.12345)* service/software to easily acquire the location information. Values should be provided in Decimal Degrees format (35.1245). Longitude (eg. -80.12345)# example service: httwhioucm p.cor; /latlong tttr - M PROPOSE AcOTIVJTY (' New/Modification of Existing Structure C' Maintenance of Existing StructureIs Dock � VTlew/Modification of Existing Shoreline Stabilization (' Maintenance of Existing Shoreline Stabilization Covered? (' New/Modification of Existing Structure & Stabilization (-Maintenance of Existing Structure & Stabilization # of Slips (' Transfer of Ownership (" Other (please describe below) # of Jetports Area over land (sq ft) I I Area over water (sq ft) I I Total Square Feet Shoreline Stabilization (feet) Length of 1 Distance From Shoreline t7 5 1 Stabilization Materials R-1 r Brief Description of the Activity 5S;4/ E 5t-1ro�i 1.1�c — n,.o Vim, uN Dt.. tM to Q n -Fn ( S 1 �oo7Fl 41^cc et& < p (Q t -t t h �A Ip IA+► ra�l'ctr! L ki J Tr n i L (7 t�+ w rr.-� ► Describe Briefly the Existing Structures Over Land and Water (include sq ft) v IJ a t vE Lo Pa*to �,-�- f( r V. Dock 0 er or Engineer Name/Company �- Address Phone Number L City ryState Zip Code Email VI. Checklist of Required Documents (to include with Application Submission) ,.(Recent Survey (stamped/signed by a professional licensed surveyor showing the location of the existing or proposed u structure and/or survey of the existing or proposed stabilization) 6?f Photos along property shoreline and photos of any existing structures and/or stabilization in or near the water ❑ Application fee (check only, payable to Duke Energy) ❑ Signed User Agreement Letter ❑ Applicable local, state, and federal permits ❑ Wan and profile drawing showing all measurements and elevations ❑ Habitat Enhancement payment (if applicable) uVII. Approval Process ... .... ...,.-. ._. ,.._....,..,__.,_ ,.-.-_.�--... �.a..-G _..,�.�....-....�.....o...... .. .. • Application is reviewed and determined if complete. Fields with an asterisk are required. • If application is not complete or does not include all items and information listed in the checklist, the application will be returned as incomplete. • A Duke Energy representative will visit the site to conduct a visual inspection. • Applicant will be notified of approval or denial. • Applicant is to have the notice, to be supplied by Duke Energy upon application approval, posted and must be viewable from water. The notice must remain posted until a representative inspects the project and determines the project is complete and within the application specifications. Vlii. Directions WRoad Directions by Road" bmincale. n+4v4- IX. Appiicittiop Submission Please complete, print and sign this application. Then enclose all items from the checklist above In an envelope and submit all the Information to the address below. Water Strategy, Hydro Licensing and Lake Services Print Duke Energy Form PO Box 1006/ EC12Q Charlotte, NC 28201 I agree that the information contained within is accurate: Lake Services DUKE , Duke Energy ENERGY I 526 South Church St 1 Charlotte, NC 28202. Mailing Address: EC12Q I PO Box 1006 PRIVATE FACILITIES USER'S Charlotte, NC 28201-1006 AGREEMENT LETTER (You may use this letter and fill in the requested information. Please Print) Date l _ TO: Duke Energy c/o Lake Services - EC12Q PO Box 1006 Charlotte, ITC 28201-1006 RE: (Project Name) 7D D U (,. S fp", Pp.a7, g q— (Lake Address) I D S r" r S Lk S 4 Z (Applicant's full name) '4.3 _11�4 et AMhereby agrees to comply with all requirements and conditions set forth by Duke Energy's Lake Services' office, or any federal, state or local agencies pertaining to our Private Facilities application to construct and/or maintain a " Lt wz& St*,G,t L J J_e.- -ho�J on Lake t.J In addition, a have read and agree to comply with Duke Energy's Sho eline Management Guidelines (SMG) and understand that written authorization must be obtained from Duke's Lake Services' office prior to beginning any activity/construction within the Project boundary. The construction will be completed as described in the approved private facilities program application and within twelve (12) months following the date of approval by Lake Services. Failure to complete construction within the twelve-month build -out period will require the applicant to file a new application within the then -current guidelines. The filing will include any applicable fees and security deposits. 1/we attest to be the owner or lease holder of the tract of land immediately adjoining the Project boundary where the proposed private facility is to be constructed. 1/we understand that the structures to be installed and/or maintained are my/our property and 1/we therefore agree to be fully responsible for the permitted reservoir use including maintaining structures in good repair. If the private facility is deemed unsafe by a Lake Services Representative, I/we agree to repair or rcinove the hrirrate facility at m�lM7 - own Page 1 of S wvaw.duke-energy corn NydrolakessesNsersA@reementhrPriwrdPri�vre Faculties Wcrs Agiecmcm CW X7 final 1 12 09 ish res,doc R"2.21-10 expense and within the specified timeframe set by Lake Services. This responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. 1/we agree to fully disclose all information regarding the approved private facility to any prospective buyer/leaseholder of the property and any new owner/leaseholder. ]/We agree to notify Duke Energy Lake Services immediately of any sale/transfer of the property, including the name and address of the new owner and to transfer the permit to the new owner/leaseholder. Uwe understand that unless the private facility was permitted by Lake Services before June 1, 1996, no more than (1) pier/dock or one Common Use boat slip per waterfront lot will be considered for approval. Ownership/interest in a Common Use Facility or residential marina eliminates the option of having a separate private facility on any other owned or leased lot within the affected subdivision. 1/we understand that Lake Services' approval of the requested reservoir use in no way constitutes assignment of an interest in real property (i.e. land rights). The approval is granted and maintained solely at Duke's discretion. I/we also understand that the permitted use may be revoked at any time by Duke Energy or its successors for any reason whatsoever. If the approval is revoked,11we agree to remove the facility at my/our own expense within the specified timeframe set by Lake Services. Ave specifically waive any claim for consequential damages arising out of or relating to this application, Duke's approval or denial of it, or Duke's subsequent revocation of approval, and I/we specifically understand and acknowledge that, because Duke Energy can revoke the permitted use at any time, Ave are not entitled to reliance damages. 1/we understand during drought conditions Duke Energy may request reduced usage or discontinued usage of any water withdrawal or related systems, until such drought conditions improve. Failure to do so may cause possible removal of the system and/or any other permitted facilities that Ave may have, and any costs associated with removal of the facilities will be assessed to the lot owner. .7/we understand that this lake was constructed as a working hydropower reservoir for the primary purpose of producing cost-effective electric energy and that this remains as the lake's primary purpose. 1/we understand that the lake and its associated hydropower station are operated by Duke Energy Lake Services under the terms of a license issued by the Federal Energy Regulatory Commission (FERC) and that there will be no change in hydro project operations as a result of the construction and/or use of any facilities that I/we may be allowed to place within the FERC Project boundary or on Duke Energy Lake Services -owned property. 11we understand that the proposed private facility will be used only for the purposes described in the information submitted for approval by Lake Services and other appropriate governing bodies. Page 2 of 5 }7vdrolakesvaNsersAerspnenthrPriva�M1'rivau F�eiliiits Users Av tftl CW K7 fired) )208 ish iev.&C Rev 741-10 ]Ave understand that this lake is open for use by the general public and that maintaining safe and lawful public use is one of the primary lake management objectives of Duke Energy Lake Services. Uwe understand that the use for which we are applying is a private use and it should not interfere with the general public's safe and lawful use of the lake. Ilrve understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife, and other natural resources. Ilwe understand that trees and vegetation growing within the Project boundary play an important role in the overall environmental condition of the lake. The ecological impact the vegetation has on the fish and wildlife habitat is necessary to ensure a sound and healthy lake environment. Uwe also understand that unauthorized removal of shoreline vegetation (i.e. button bushes, willows, cattails, etc.) and/or disturbance of the shoreline buffer may result in suspension or denial of lake use permitting requests and require me/us to re-establish the vegetation if the disturbance is found to be in violation of the state or county watershed buffer regulations or Duke Energy's Vegetation Management Requirements. (For construction on Lake Keowee) 1/we agree that if land disturbing activities are to occur within the Project boundary prior review/approval from Duke Energy Lake Services, the State Historic Preservation Office and the Eastern Band of the Cherokee Indians is required prior to work beginning. ]Ave agree that if any historic or archaeological resources are discovered during construction of an approved activity the applicant must stop work immediately and contact Duke Energy Lake Services. Uwe understand that in the event that anyone discovers a potential site of archaeological or historic significance including any gravesite within the Project, the individual must immediately notify Duke Energy Lake Services. 11we agree to notify Lake Services when construction is completed. During the construction period, the weather-proof "Duke Energy Approved Lake Use Activity" sign (to be provided by Duke Energy) must be posted at the job site, visible from the water's edge. I/we agree to notify Lake Services if the property is sold and provide the name and address of the new owner. 1/we have included a check for any applicable filing fees, security deposits and copies of all other necessary permits. 1/we agree that if any action is taken by Duke Energy to enforce any provision, covenant or agreement contained in this user agreement or Duke Energy Lake Services SMG or if Duke Energy is required to retain an attorney to enforce any provision, covenant or agreement contained in this user agreement or SMG (including, without limitation, the payment of fees due hereunder or the removal of an encroachment constructed in Page 3 of 5 )ivdraltkesvn/UwsAeramcMlltPrivtivWvNt Facilities Users Aenecmtnl CN KT final 1 1704 uh rcv do, Rev 7.11-10 .-fiiia:u...�..�..i...+...._�....�._...... .. _. _..,.�._.�__� .� __ violation of this user agreement or SMG), then Duke Energy shall be entitled to recover all of its reasonable costs associated with such an action, including but not limited to, attomeys' fees and court costs incurred in such action and/or enforcement. Ave understand that Lake Services' representatives may issue Stop Work Directives for any violations of the SMG or engagement in prohibited acts or activities on Duke Energy Lake Services' property as specifically identified in the SMG. Ywe understand that persons found to be in violation will be subject to Duke Energy Lake Services sanctions which can include: 1) restoration of the impacted area at the person's expense; 2) loss of consideration of any future lake use permitting activities for up to five years for improper vegetation removal or until vegetation is satisfactorily re-established (even if there is a change in property ownership); 3) revocation of a previously issued permit and loss of consideration of any future lake use permitting activities and/or reinstatement of the revoked permit; A) increases in fees; 5) modification or removal of non -complying structures; and/or 6) further legal action being taken by Duke Energy Lake Services . Ave understand that certain activities specified in the SMG are prohibited because of environmental concerns, boating capacity limitations, safety considerations and other reasons. Uwe understand that ownership/interest in a Common Use Facility eliminates the option for me/xis to also have a separate facility on any other lot within the affected subdivision that Ave own or lease. Uwe understand that this lake is open for use by the general public and that maintaining safe and lawful public use is one of the primary lake management objectives of Duke Energy Lake Services. Uwe understand lake use permit holders have the authority to prevent others from trespassing on the structures they have built. Ave also understand that Ave, however, do not have any authority to impede anyone from pursuit of the lawful public recreation enjoyment of FERC Project lands and waters. Except as specified otherwise in the SMG or other Duke Energy Lake Services documents (e.g. Public Safety Plans), anyone may fish- around/under structures built by others, may walk/wadeJfish within the FERC Project boundary or any Duke Energy Lake Services -owned peripheral strip, boat in the lake's waters, etc. without having to get anyone's permission to do so. Boaters may not block ingress/egress to piers/docks. 11we agree to exercise all care and due diligence to preserve and maintain the character of the Duke Energy Lake Services's adjacent property. Ave agree to comply with the Duke Energy Lake Services Vegetation Management Requirements. Uwe agree further to not allow sewage, including discharge from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other waste material to be discharged or dumped into the reservoir, tributaries or adjacent property. Ave understand that as an adjoining property owner Uwe can make no change in land form of land within the FERC Project boundary or land owned by Duke Energy Lake Page 4 of 5 HvdroM"vGOU p$AgmwoeyAbfpf u&WvsK Fadhiia them Avremoo CW K7 rml 1 12 08 iA mala Rev 7-2 1-10 4 Services , such as grading, excavation or filling without prior written approval by Lake Services. Mve agree for myself/ourselves, members of mylour family, guests and invitees that 1/ive assume all risks of personal injury or property damage incident to mylour occupancy and use of the premises; including but not limited to any personal injury or property damage which may be sustained as a result of flood waters or in connection with the rise and fall of water in the reservoir as a result of floods or of the operation of Duke Energy's hydro electric facilities. Five as the adjoining property owner further agree that 1/14,e will indemnify, protect, defend, and save harmless Duke Energy from any and all loss, cost, claims damages, expenses, judgments and causes of action for all injuries and damages sustained by the members of my/our family, guests, and invitees arising or claimed to have arisen in connection with their occupancy or use of the Duke Energy Lake Services -permitted facility(s). I/We acknowledge that Duke Energy Lake Services has the right to charge reasonable user's fees for private use of its property and that failure to pay any applicable user's fees in a timely manner can result in the suspension or cancellation of any previously approved lake use permit. 11we recognize that Ilwe have the continuing responsibility to ensure that the constructed structures are maintained in good repair, including, but not limited to maintenance of the dock and boat slips, and proper erosion control within the permit area and along the shoreline, and agree to take all reasonable steps necessary to meet this responsibility. Ave agree to maintain all structures within the Project boundary on Duke Energy Lake Services - owned property in a sound condition and in a neat appearance and pay all costs for said maintenance. Sincerely, (Applicant'. Name) Lake Street Address ?-e. 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