HomeMy WebLinkAbout20171209 Ver 1_More Info Requested_20171016Strickland, Bev
From: Annino, Amy M
Sent: Monday, October 16, 2017 4:48 PM
To: eco@townoflakelure.com
Subject: ADD INFO DWR 2017-1209
Attachments: RGP30-2016-12-23.pdf, Duke shoreline_mgt_guide.pdf
The Division of Water Resources (Division) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced project. The Division has determined that your application is incomplete
and cannot be processed. The application is on -hold until all of the following information is received:
1. The total linear feet of proposed shoreline stabilization exceeds the 500 feet threshold for a USACE GP
30. Please contact the USACE to discuss permitting options. The Asheville Regulatory office can be
reached at (828) 271-7980. See page 5, paragraph s of the attached GP 30.
2. Poured concrete shoreline stabilization walls and stucco finished masonry walls do not provide for good
aquatic species habitat. These methods do not provide energy dissipation to protect adjacent
properties and do not provide interstitial spaces for wildlife habitat. Dry -stacked boulders are the
preferred method. Per the Duke Energy Shoreline Management Guidelines, 'seawalls should be the last
option for shoreline stabilization'. Please explain why dry -stacked boulders will not be utilized.
3. Please provide a justification for using Class C rip rap. Duke Energy Shoreline Management Guidelines
(attached) recommend using Class B rip rap or larger. If Class C rip rap must be used, please provide a
sheer strength analysis.
4. Provide additional information regarding how much vegetation will be removed including a planting
plan for re-establishing the trout buffer.
Refer to Duke Energy Shoreline Management Guidelines (attached).
Pursuant to Title 15A NCAC 02H .0502, the applicant shall furnish all of the above requested information for the proper
consideration of the application. If all of the requested information is not received within 45 calendar days of receipt of
this email, the DWR will be unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the DWR for approval, including a complete application package and the appropriate fee.
Please contact me if you have any questions or concerns.
Regards,
Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
g.ML.aiiiiiiiiiiopiiicdeiiiir.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Email correspondence to and from this act gess is subiect to the
'J ill`? Carolina PublicRecorcis Law anci may be cliscl secl to third pails s
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/Re ug latoo PermitPro am.aspx
General Permit No.
Name of Permittee:
Effective Date:
Expiration Date:
198200030
General Public
January 1, 2017
December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States
and waters of the United States, upon recommendation of the Chief of Engineers,
pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403),
and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby renewed and
modified by authority of the Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES
IN LAKES AND RESERVOIRS OWNED, OPERATED AND/OR REGULATED BY
PUBLIC UTILITY COMPANIES, THE TENNESSEE VALLEY AUTHORITY (TVA),
AND LOCAL GOVERNMENTS IN THE STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of
generating hydroelectric power and/or providing water supply. They were constructed
and are operated by public utility companies, local governments, or under laws and
regulations administered by the TVA. Activities within these waters are the primary
concern of, and should be regulated by, these parties. This general permit applies to all
waters on or within lands owned or under flowage easement to public utility companies
and the TVA. Users of this General Permit should coordinate with the appropriate public
utility company, local government, or TVA to determine if the planned work meets the
guidelines or requirements of the shoreline management program or reservoir
management program for the lake where the activity is proposed. Activities authorized
are:
1. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps,
jetties and breakwater structures and installation of dolphins, pilings and buoys, using
commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
2. Excavation and maintenance of recreational boat basins and canals/channels
including return water discharge where excavated material is placed and retained on high
ground.
3. Stabilization of eroding shorelines utilizing appropriate bioengineering
techniques, construction and backfill of bulkheads, and the placement of riprap material.
4. Installation of submerged and aerial utility lines provided U.S. Coast Guard
requirements for aerial lines are met and pre -project elevation contours are restored.
5. Maintenance of existing water intake and outfall structures provided all State and
Federal required authorizations have been obtained. Construction of new water intake
and outfall structures is not authorized under this general permit.
Special Conditions
a. For lakes listed in Table 1, written confirmation that the proposed work complies
with this general permit must be received from the Wilmington District Corps of
Engineers (Corps) prior to the commencement of the following activities: (i) any
excavation or dredging activity greater than 1/10 (0.1) acre occurring in a previously un -
dredged area of open water; (ii) construction of more than 10 boat slips; (iii) construction
of boat ramps exceeding 20 feet in width; or, (iv) installation of fueling facilities on
authorized structures. For these activities, the proponent should submit to the Corps
detailed plans, location maps, and an explanation of the nature and scope of the work.
While written confirmation for the activities listed in this special condition is required by
the Corps prior to the commencement of these activities, written confirmation from the
Corps is not required for all other activities described above in 1-5.
b. For all lakes covered by this General Permit and not listed in Table 1, written
confirmation that the proposed work complies with this general permit must be received
from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location
maps, and other supplemental information explaining the nature and scope of the work.
c. Maintenance excavation must not exceed the original dimensions as defined by
the original permit or as clearly shown or otherwise defined by existing conditions of the
ditches, basins, canals, or channels. Maintenance excavation is allowed only for facilities
that are currently serviceable.
d. To be authorized by this general permit, all piers, docks, boathouses and boat
shelters shall be pile -supported or floating structures. Piles, dolphins, jetties and
breakwater structures may be of wood, metal or precast concrete. Breakwater structures
will be designed to provide for adequate water circulation landward of the structures.
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Table 1: List of Reservoirs subject to Special Condition "a"
*This General Permit is not applicable in portions located outside North Carolina.
e. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by
the general public.
£ On natural waterways 30 -foot wide or greater that have been designated as
navigable waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899,
this general permit does not authorize placement of any pier segment or structure further
waterward than one-third the width of the water body. For navigable water bodies less
Utility Company / Operator
Duke Energy
Alcoa Power Generating, Inc.
Belews Lake
Badin Lake
Bear Creek Reservoir
High Rock Lake
Blewett Falls Lake
Tuckertown Reservoir
Cedar Cliff Reservoir
Lake Ela
Brookfield Smoky Mtn. Hydropower
Lake Emory
Cheoah Reservoir
Lake Glenville
Lake Santeetlah
Lake Hickory
Calderwood Reservoir*
Lake James
Lake Jocassee*
NC Power (Dominion)
Lake Julian
Lake Gaston*
Lake Norman
Roanoke Rapids Lake
Lake Rhodhiss
Lake Summit
Other (Municipal Owned / Operated)
Lake Tillery
Beetree Reservoir
Lake Wylie*
Burnett Reservoir
Lookout Shoals
Hyco Reservoir
Queens Creek
Kings Mtn. Reservoir (Moss Lake)
Mission Lake
Lake Adger
Mountain Island Lake
Lake Lure
Nantahala Lake
Lake Sequoyah
Tanasee Creek Lake
Tuckasegee Reservoir
Tennessee Valley Authority (TVA)
Waterville Lake
Apalachia Lake
Wolf Creek Reservoir
Chatuge Lake*
Fontana Lake
Hiwassee Lake
*This General Permit is not applicable in portions located outside North Carolina.
e. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by
the general public.
£ On natural waterways 30 -foot wide or greater that have been designated as
navigable waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899,
this general permit does not authorize placement of any pier segment or structure further
waterward than one-third the width of the water body. For navigable water bodies less
than 30 feet wide, pier requests will be evaluated on a case-by-case basis and may be
restricted to less than one-third the width of the water body.
g. Docks or piers and adjoining platforms, decks, boathouses, boat shelters, docks,
and "L" and "T" sections will not cumulatively exceed the maximum allowable size of
such structures identified in the lake's shoreline or reservoir management plan. Docks
and piers extending over wetlands will be elevated sufficiently (minimum of 4 feet above
the wetland substrate) to prevent total shading of vegetation, substrate, or other elements
of the aquatic environment.
h. Floating docks, boathouses and boat shelters will not be constructed over
wetlands.
i. Wooden jetties will not extend farther than 100 feet waterward of the NWL
elevation contours.
j. Wood must be pressure -treated except in areas of boathouses or boat shelters
protected from the weather.
k. Floating structures will be supported by material that will not become
waterlogged or sink when punctured and will be installed to provide for fluctuations of
water elevation.
1. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast
Guard will be installed and maintained by and at the expense of the permittee.
in. This general permit does not authorize any habitable structure or associated
facility for nonwater-related use.
n. This general permit authorizes the construction of up to 10 boat slips without pre -
construction notification (i.e. application) to the Corps. This general permit can be used
to authorize the construction of more than 10 slips, but pre -construction notification is
required for proposals of greater than 10 slips. Included in the pre -construction
notification, the applicant must provide documentation from the lake's public utility
company, local government, or TVA verifying whether or not the proposed number of
boat slips could be allowed under the lake's shoreline or reservoir management program.
If the proposed number of slips would not be allowed under the shoreline or reservoir
management program, the applicant will be required to revise the proposed project to
reduce the number of slips to those allowed by the public utility company, local
government or TVA. If the proposed number of slips could be allowed under the
shoreline or reservoir management program, the Corps will determine on a case-by-case
basis if construction of greater than 10 slips can be authorized under this general permit
or if an Individual Permit will be required. Any request for more than 10 slips must
comply with all requirements of the North Carolina State Environmental Policy Act
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(SEPA) and documentation of this compliance should be submitted with the pre -
construction notification.
o. This general permit authorizes the construction of boat ramps that do not exceed
20 feet in width without pre -construction notification (i.e. application) to the Corps. This
general permit can be used to authorize the construction of boat ramps up to 30 feet in
width, but pre -construction notification is required for all proposals for boat ramps that
exceed 20 feet in width. Included in the pre -construction notification, the applicant must
provide documentation from the lake's public utility company, local government or TVA
verifying whether or not the proposed boat ramp width could be allowed under the lake's
shoreline or reservoir management program. If the proposed width would not be allowed
under the shoreline or reservoir management program, the applicant will be required to
revise the proposed project to reduce the boat ramp width to that allowed by the public
utility company, local government, or TVA. If the proposed width could be allowed
under the shoreline or reservoir management program, the Corps will determine on a
case-by-case basis if construction of the ramp can be authorized under this general permit
or if an Individual Permit will be required. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to
the area necessary for site preparation and all excavated material must be removed to
uplands.
q. This general permit can be used to authorize the construction of fueling facilities
on authorized structures, but pre -construction notification (i.e. application) is required for
all proposals. Included in the pre -construction notification, the applicant must provide
documentation from the lake's public utility company, local government or TVA
verifying whether or not the proposed fueling facilities could be allowed under the lake's
shoreline or reservoir management program. If the proposed fueling facilities would not
be allowed under the shoreline or reservoir management program, the applicant will be
required to revise the proposed project to remove the proposed fueling facilities from the
authorized structure. If the fueling facilities could be allowed under the shoreline or
reservoir management program, the Corps will determine on a case-by-case if
construction of the fueling facilities could be authorized under this general permit or if an
Individual Permit is required.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities
(bio -engineering techniques, construction and backfill of bulkheads, and the placement of
riprap material) must be undertaken landward of the wetlands. This general permit does
not authorize the discharge of dredged or fill material within wetlands.
s. Bulkhead and riprap alignments, or shoreline stabilization structures will not
extend farther waterward than an average distance of two (2) feet, maximum distance of
five (5) feet from the normal pool elevation contour and may not extend more than 500
feet along a shoreline.
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t. Placement of riprap should be limited to only that which is necessary to protect
existing/new bulkheads. In general, riprap will be placed at the base of all bulkheads and
will extend a maximum of three (3) feet waterward on a 2:1 slope. However, in cases of
steep slopes, a maximum of six (6) feet waterward on a 2:1 slope is authorized provided
it complies with the applicable shoreline or reservoir management program. All other fill
material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark. Material
should only be placed where shoreline is actively eroding and no material should be
placed in excess of the minimum needed for erosion protection.
v. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
w. To avoid potential impacts to fish spawning areas, excavation activities will not
occur during the months of March, April, May, or June of any year.
x. Dredging will be limited to channelward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelward of the work.
y. All excavated material will be placed landward of the normal pool elevation
contour on high ground and confined by adequate dikes or other retaining structures to
prevent erosion and sedimentation into adjacent waters or wetlands. The temporary
placement or double handling of excavated or fill material waterward of the normal pool
elevation is not authorized.
z. Return water from upland, contained disposal areas must comply with Water
Quality Certification No. 3888, issued by the North Carolina Division of Water
Resources (NCDWR) on March 19, 2012 or the current Water Quality Certification
applicable to return water from upland disposal facilities.
aa. If an easement to fill or cross utility company, State or Federal property is
required, such easement must be obtained prior to commencement of work.
bb. The minimum clearance for aerial power lines will be governed by system voltage
as shown below:
Nominal System Minimum Clearance (ft)
Voltage, Kilovolts Above Bridge Clearances
115 and below
20
138
22
161
24
230
26
350
30
2
500 35
700 42
750 to 765 45
Clearances are based on the low point of the line under conditions that produce the
maximum sag considering temperature, load, wind, length, span and type of supports.
Clearances for communication lines, stream gauging cables, ferry cables and other aerial
crossings will be a minimum of ten (10) feet above clearances for bridges. Installation of
utility lines will conform to the conditions of Nationwide Permit 12.
General Conditions.
a. Except as authorized by this general permit or any Corps approved modification
to this general permit, no excavation, fill or mechanized land -clearing activities shall take
place within waters or wetlands, at any time in the construction or maintenance of this
project. This general permit does not authorize temporary placement or double handling
of excavated or fill material within waters or wetlands outside the permitted area. This
prohibition applies to all borrow and fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and
conditions of the applicable Clean Water Act Section 401 Water Quality Certification for
this general permit issued by the North Carolina Division of Water Resources.
d. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
e. The activities authorized by this general permit must not interfere with the
public's right to free navigation on all navigable waters of the United States. No attempt
will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his/her authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the
Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
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thereby, without expense to the United States. No claim shall be made against the United
States on account of any such removal or alteration.
g. The permittee, upon receipt of a notice of revocation of this general permit for the
verified individual activity, may apply for an individual permit, or will, without expense
to the United States and in such time and manner as the Secretary of the Army or his/her
authorized representative may direct, restore the affected water of the United States to its
former conditions.
h. This General Permit does not authorize any activity that would conflict with a
federal project's congressionally authorized purposes, established limitations or
restrictions, or limit an agency's ability to conduct necessary operation and maintenance
functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C.
408), no project that has the potential to take possession of or make use of for any
purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally
constructed work or project, including, but not limited to, levees, dams, jettys, navigation
channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall
be permitted unless the project has been reviewed and approved by the appropriate Corps
approval authority. If the proposed activity has the potential to modify or conflict with a
federally authorized project, the permittee must submit the information described in
Special Condition "a". Permittees shall not begin the activity until notified by the Corps
that the activity may proceed under the general permit.
i. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement
and/or prior to commencing construction of any structures, authorized dredging or other
work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV(cusace.army.mil.
j. The permittee will allow the Wilmington District Engineer or his/her
representative to inspect the authorized activity at any time deemed necessary to assure
that the activity is being performed or maintained in strict accordance with the Special
and General Conditions of this general permit.
k. This general permit does not grant any property rights or exclusive privileges.
1. This general permit does not authorize any injury to the property or rights of
others.
m. This general permit does not authorize the interference with any existing or
proposed federal project.
n. In issuing this general permit, the Federal Government does not assume any
liability for the following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public
interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
o. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary
of the Army, determines that such action would be in the best public interest. The term
of this general permit shall be five (5) years unless subject to modification, suspension or
revocation. Any modification, suspension or revocation of this authorization will not be
the basis for any claim for damages against the United States Government.
p. No activity may occur in a component of the National Wild and Scenic Rivers
System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic
designation or study status. Information on Wild and Scenic Rivers may be obtained
from the appropriate Federal land management agency responsible for the designated
Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service,
etc.)
q. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and
its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied. If any properties
subject to the above criteria may be affected by the proposed project, permittees must
submit the information described in Special "a". The permittee may not begin work until
notified by the Corps that the requirements of the NHPA have been satisfied and that the
activity is authorized.
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r. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this general permit,
you must immediately notify the Wilmington District Engineer of what you have found,
and to the maximum extent practicable, avoid construction activities that may affect the
remains and artifacts until the required coordination has been completed. The
Wilmington District Engineer will initiate the Federal, tribal and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
s. No activity is authorized under this general permit which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Federal Endangered Species
Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat
of such species. No activity is authorized under any RGP which "may affect" a listed species
or critical habitat, unless Section 7 consultation addressing the effects of the proposed
activity has been completed. Information on threatened and endangered species and their
critical habitat can be obtained directly from the Corps field offices, the USFWS field
offices or at the following web addresses: http://www.fws.gov/ or
http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html. If any listed species or
designated critical habitat maybe affected by the proposed project, permittees must
submit the information described in Special Condition "a". Permittees shall not begin
work until notified by the Corps that the requirements of the ESA have been satisfied and
that the activity is authorized.
t. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the United States Fish and Wildlife Service (Service) in regards to the threatened
Northern long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects
to other federally listed species and/or to federally -designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
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(1) A permittee using a Nationwide Permit (NWP) or a Regional General Permit
(RGP) must check to see if their project is located in the range of the NLEB by
using the following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• is located in a 12 -digit Hydrologic Unit Code area ("red HUC" - shown as
red areas on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
hqp://www.fws.gov/asheville/htmis/project_review/NLEB_ in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
hLtps://www.fws.gov/raleigh/NLEB RFO.html.
(2) A permittee must submit a pre -construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and
there is no evidence of bat use, (applies anywhere in the range of the
NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable NWP
terms and general and regional conditions, or all applicable RGP terms and general
and special conditions, and if the permittee's review under A.(1) and A.(2) above
shows that the project is:
• located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
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• located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25 -mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• located in a red HUC, but the activity will NOT include: tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal
agency has completed project -specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all General and Regional
Permit Conditions (for NWPs), or RGP general and special conditions (for RGPs) are
met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Pro_ra�m/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at (910) 251- 4633.
u. If the permittee discovers or observes any live, damaged, injured or dead
individual of an endangered or threatened species during construction, the permittee shall
immediately notify the Wilmington District Engineer so that required coordination can be
initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This general permit does not authorize any activity prohibited by the National Flood
Insurance Program.
w. The permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the permittee should contact Coast Guard
Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at
cgd5waterwaysA,uscg.mil.
x. The permittee must maintain any structure or work authorized by this general
permit in good condition and in conformance with the terms and conditions of this
12
general permit. The Permittee is not relieved of this requirement if the Permittee
abandons the structure or work. Transfer in fee simple of the work authorized by this
general permit will automatically transfer this general permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform
any subsequent owner of all activities undertaken under the authority of this general
permit and provide the subsequent owner with a copy of the terms and conditions of this
general permit.
y. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a
specific proposal. In such case, the procedures for processing an individual permit in
accordance with 33 CFR 325 will be available.
z. Except as authorized by this general permit or any Corps approved modification
to this general permit, all fill material placed in waters or wetlands shall be generated
from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
aa. Except as authorized by this general permit or any Corps approved modification to
this general permit, all excavated material will be disposed of in approved upland
disposal areas.
bb. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this general permit, you must immediately
notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
cc. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this general permit will remain authorized
provided the activity is completed within twelve months of the date of the general
permit's expiration, modification, or revocation. Activities completed under the
authorization of this general permit that were in effect at the time the activity was
completed continue to be authorized by the general permit.
FOR THE COMMANDER:
106
Scott McLendon
Chief, Regulatory Division
Wilmington District
13
SHORELINE MANAGEMENT GUIDELINES (SMG)
Table of Contents
3 -Step Review Process for All Lake Use Permit Activity Requests .................. J - 3
Archaeological and Historical Resources.........................................................J - 5
EVALUATION PROCESS FOR LAKE USE PERMIT REQUESTS ...............J - 5
SECTION 1 — MARINA FACILITIES PROGRAM .........................................
J -
11
A.
General...............................................................................................
J -
11
B.
Criteria for Commercial Marina Facilities ............................................
J -
11
C.
Criteria for Residential Marina Facilities .............................................
J -
16
D.
Shoreline Preservation Incentive Program ........................................ .J
-
22
E.
Criteria for Rebuilds of Existing, Previously Approved, Marina ..........
J -
24
Facilities
F.
Caution................................................................................................
J
-26
G.
Consequences for Violations..............................................................
J -
26
SECTION
2 — CONVEYANCE PROGRAM ..................................................
J -
29
A.
General................................................................................................
J
-29
B.
Criteria for Conveyances....................................................................
J -
29
C.
Caution................................................................................................
J
-34
D.
Consequences for Violations..............................................................
J -
35
SECTION
3 — EXCAVATION PROGRAM ....................................................
J -
38
A.
General................................................................................................
J
-38
B.
Criteria for an Excavation...................................................................
J -
38
C.
Caution...............................................................................................
J -41
D.
Consequences for Violations..............................................................
J -42
SECTION
4 —PRIVATE FACILITIES PROGRAM ........................................
J -
44
A.
General...............................................................................................
J -44
B.
Criteria for Private Facilities...............................................................
J -
44
C.
Caution................................................................................................
J
-49
D.
Consequences for Violations..............................................................
J -
50
SECTION
5 — SHORELINE STABILIZATION PROGRAM ..........................
J -
52
A.
General...............................................................................................
J -
52
J-1
B.
Criteria for Shoreline Stabilization......................................................
J - 52
C.
Caution................................................................................................
J -55
D.
Consequences for Violations..............................................................
J - 55
SECTION 6 — MISCELLANEOUS RESERVOIR USES PROGRAM ...........
J - 58
A.
General................................................................................................
J -58
B.
Uses Controlled by Duke Energy .......................................................
J - 58
C.
Uses Under the Control of Other Agencies ........................................
J - 62
D.
Caution...............................................................................................
J - 63
E.
Consequences for Violations..............................................................
J - 63
SECTION 7 — GENERAL POLICIES THAT ARE NOT LAKE -SPECIFIC ....
J - 66
A.
Lake Uses Allowed Without Specific Duke Energy Written Approval.
J - 66
B.
Lake Uses That Are Not Authorized ...................................................
J - 67
C.
Authority and Responsibility of Lake Use Permit Applicants ..............
J - 68
D.
Storm Damage and Facility Repair/Replacement ..............................
J - 69
E.
Use of Islands.....................................................................................
J - 69
F.
Hunting and Trapping.........................................................................
J - 70
G.
Handling of Lakeside Buffers, Building Setbacks ...............................
J - 71
and Minimum Lot Sizes
H.
Native Shoreline and Aquatic Vegetation Management .....................
J - 72
I.
Contractor Use of Duke Energy -owned Access Areas .......................
J - 72
J.
Other Uses of Duke Energy -owned Access Areas .............................
J - 75
SECTION 8 —VEGETATION MANAGEMENT REQUIREMENTS ...............
J - 76
A.
General................................................................................................
J -76
B.
Vegetation Planting............................................................................
J - 77
C.
Vegetation Removal and Disturbance — General ...............................
J - 77
D.
Viewsheds...........................................................................................
J -79
GLOSSARY.................................................................................................. J - 82
FIGURES..................................................................................................... J - 94
TRUE PUBLIC MARINA REQUIREMENTS ............................................... J - 125
SHORELINE STABILIZATION TECHNIQUE SELECTION PROCESS...... J - 127
J-2
SHORELINE MANAGEMENT GUIDELINES (SMG)
The purpose of these Shoreline Management Guidelines is to provide detailed
procedures and criteria to regulate activities within reservoirs managed by Duke Energy.
The objectives of these guidelines are:
• To protect Duke Energy's power generation interests on these reservoirs;
• To protect and enhance the scenic, cultural, environmental, public safety and
public recreational values of the reservoirs; and
• To meet Federal regulatory requirements.
Any occupancy or use of Project lands and waters within the Project Boundaries of
FERC -licensed reservoirs or Duke Energy -owned land within or adjoining the reservoir
boundaries requires prior written authorization by Duke Energy. Duke Energy -Lake
Services (DE -LS) is responsible for the continuous monitoring of activities within the
boundaries of Duke Energy reservoirs to ensure activities are consistent with established
company policies and license requirements. These guidelines provide permitting criteria
and procedures covering the following six programs.
• MARINA FACILITIES PROGRAM (Section 1)
• CONVEYANCE PROGRAM (Section 2)
• EXCAVATION PROGRAM (Section 3)
• PRIVATE FACILITIES PROGRAM (Section 4)
• SHORELINE STABILIZATION PROGRAM (Section 5)
• MISCELLANEOUS RESERVOIR USES PROGRAM (Section 6)
This document also contains general policies that are not lake -specific (Section 7) and
vegetation management requirements (Section 8).
The policies and requirements described in this document supersede those of all similar,
previous documents including:
• Duke Power Shoreline Management Guidelines dated June 1, 1996, (including
color and black/white versions);
• Duke Power Shoreline Management Guidelines dated January 31, 1994, and
October 1, 1994; and
• Undated Duke Power brochures entitled, "Living With Our Lakes" and "Safe and
Attractive Lakes Are Everyone's Job."
3 -Step Review Process for All Lake Use Permit Activity Requests
DE -LS staff uses a 3 -step review process for all lake use permit activity requests. Each
request is evaluated based on review of the applicable Lake Use Policy Statements, the
Shoreline Management Plan maps (where applicable) and associated lake use
restrictions, and compliance with the DE -LS Shoreline Management Guidelines.
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Lake Use Policy Statements (LUPS) — The LUPS delineate the types of access and
activities that may be allowed on all reservoirs owned or managed by DE -LS based on
license requirements (for all licensed hydro reservoirs); federal, state, and/or local
regulations; and specific business management objectives. These policy statements
cover all reservoirs owned or managed by Duke Energy including those in the Catawba-
Wateree system. This fact, coupled with the strategic business sensitivity of these
statements, requires that these documents remain internal to DE -LS. Specific license or
other regulatory requirements that are also a part of these policies are publicly available.
The LUPS allow for review of four basic types of lake access: 1) Private Access; 2)
Public Recreational Access; 3) Public Infrastructure Access; and 4) Business/Industrial
Access on the lakes with existing private and business development (James, Rhodhiss,
Hickory, Lookout Shoals, Norman, Mountain Island, Wylie, Fishing Creek, Cedar Creek,
Wateree, Keowee and Jocassee). Public infrastructure and business/industrial access
will be allowed in accordance with the FERC's Standard Land Use articles included in
the licenses for the Catawba-Wateree and Keowee-Toxaway Projects. DE -LS will not
authorize any additional private access on Great Falls Reservoir, but public recreational
access will be allowed as required to meet the terms of the new FERC licenses.
Shoreline Management Plan (SMP) — The SMP is a set of maps showing various types
and uses of the shoreline including areas protected for environmental or habitat values,
areas of existing development, and areas of potential development. The SMP also
includes lake use restrictions associated with the important shoreline characteristics.
The SMP and associated lake use restrictions were developed in consultation with
wildlife resource agencies and other stakeholders. The SMP is a tool that can be used
by DE -LS, the resource management agencies, the FERC, and others for review of
requests for use of the Project and its resources.
Shoreline Management Guidelines (SMG) — The SMG are a set of detailed
procedures and criteria that regulate activities within reservoirs owned or managed by
DE -LS. The development of these guidelines for permitting activities within the Project
Boundaries is required by Duke Energy's FERC license in its Standard Land Use article.
DE -LS reserves the right to make minor alterations to these guidelines without public
notice, resource agency, or FERC review to ensure permitting flexibility in the continuous
monitoring and regulation of lake use permitting activities. DE -LS expects to make major
revisions to the SMG periodically with input from resource agencies, local governments,
and other interested stakeholders using a stakeholder team. DE -LS will convene this
stakeholder team prior to making major revisions to the SMG. Additionally, the FERC
may order modifications to the guidelines as provided for in the FERC's Standard Land
Use article in new licenses.
The 3 -step review process (LUPS>SMP>SMG) includes LUPS consultation to ensure
the proposed activity is allowed on the subject reservoir. It includes a review of the SMP
to ensure the proposal is allowed along a general portion of the reservoir shoreline and
is consistent with the lake use restrictions associated with each shoreline classification
for that part of the reservoir. It also includes a review of the SMG along with an
assessment of the specific characteristics of the site before allowing any activity to be
permitted. In summary, the 3 -step review process includes policy considerations,
reservoir -specific classifications and characteristics, and finally, site-specific
classifications and characteristics to ensure all activities that are permitted will be
consistent with the purposes of the LUPS, SMP, and SMG.
J-4
Archaeological and Historical Resources
DE -LS has developed guidelines to protect known and unknown archaeological and
historic resources that may be affected by the implementation of the SMG. For
purposes of implementing these SMG, the Eastern Band of Cherokee Indians (EBCI)
Tribal Historic Preservation Office (THPO) and the Catawba Indian Nation (CIN) THPO
have the same consultation status as the State Historic Preservation Office (SHPO) in
both North Carolina and South Carolina. In the event that an applicant discovers historic
or archaeological resources during construction of an approved activity, the applicant
must stop work immediately and contact DE -LS. In the event that anyone discovers a
potential site of archaeological or historic significance including a gravesite within the
Project, the individual must immediately notify DE -LS. DE -LS encourages anyone who
witnesses persons collecting artifacts to notify local law enforcement personnel.
Applicants for lake use permits in areas with a moderate to high probability for
archaeological and historical sites may be required to conduct additional consultation
with the THPO.
Applicants for lake use permitting activities that involve activities identified in the Cultural
Resource Programmatic Agreement (CRPA) developed as part of the Catawba-Wateree
SMP as non-exempt activities within the Project Boundaries of the Catawba-Wateree
Project and the Keowee-Toxaway Project must consult with the applicable THPO. A
separate form (available from DE -LS) and any supporting information must be submitted
to the THPO for review and consultation.
EVALUATION PROCESS FOR LAKE USE PERMIT REQUESTS
For FERC -licensed lakes, there are two basic types of lake uses: Project uses and Non -
project uses (see Glossary). Project uses are essentially those lake uses that are
required to safely operate/maintain project structures (e.g., dam, powerhouse,
substation, and flow control structures) or that are required to comply with the license
(e.g., construction of license -required public recreation areas or license -required wildlife
enhancements). All other lake uses are considered Non -project uses. Project uses take
priority over Non -project uses and, where conflicts between the two types arise, non -
project uses will normally have to be modified or possibly eliminated to ensure the hydro
project can be safely operated and maintained in accordance with the FERC license. In
addition, per the FERC's policy, the public should be given the maximum practicable
access to project lands and waters and the FERC will not allow private interests to
override the public's right to use the FERC project area.
Considering the above facts and the significant existing and growing development along
these lakes' shorelines, DE -LS must remain as objective as possible during the
application review process, particularly for non -project use requests, to ensure fairness
to applicants and to meet the objectives stated in the General Section. DE -LS therefore
handles requests for non -project uses somewhat differently from project uses as defined
in the general process descriptions below.
Evaluation Process for Non -project Uses
The evaluation process used by DE -LS to review a requested non -project use generally
consists of the 11 steps described in this section (Figure 1). The exact order of these
steps and the information necessary will vary somewhat between the six permitting
programs designed primarily for non -project uses (i.e., Private Facilities Program,
J-5
Shoreline Stabilization Program, Excavation Program, Marina Facilities Program,
Conveyance Program, and Miscellaneous Reservoir Uses Program).
NOTE FOR COMBINATIONS OF ACTIVITIES: Sometimes lake use permit requests will
involve combinations of two or more activities. DE -LS requires applicants to submit
complete applications for all activities requested. These multiple activity requests will be
handled by combining activities within the predominant program they support and
utilizing the applicable individual activity permit forms as components of the complete
application. For example, suppose an applicant wanted to construct a dock along the
shoreline of his/her individual project -front lot but also needed to excavate a boating
access channel and stabilize his/her shoreline with rip -rap in order to use and maintain
the dock. The applicant would need to complete and submit a Private Facilities
application (for the dock) with an Excavation application and a Shoreline Stabilization
application attached as components of the overall application package. Submittal of
these applications at the same time allows DE -LS and any reviewing agencies to
evaluate potential activity impacts cumulatively, saves processing time, and also
minimizes the chance that one of the proposed activities could be approved, but a
potential necessary supporting activity (e.g., the excavation work) would not be
approved at a later date. The DE -LS Fee Schedule includes fee reductions for certain
combinations of applications to foster this prior planning by applicants.
NOTE FOR ALL NON -PROJECT USE APPLICANTS: DE -LS is neither the advocate nor
the adversary for non -project use applications. The applicant, not DE -LS or any
designated contractor of DE -LS is entirely responsible for negotiating the application
process.
STEP 1: Request Initiation
The applicant initiates the request by contacting the DE -LS Office and providing the
necessary basic information (e.g., applicant's name, address, phone number, lake,
county, city name, subdivision name, lot number, type of lake use desired, intended
users). (Note: Requests for conducting preliminary permitting reviews will be handled
strictly by the Process for Conducting Preliminary Reviews of Shoreline Tracts for Lake
Use Permitting Feasibility.)
STEP 2: Lake Use Policy Review
DE -LS reviews the Lake Use Policy Statements to determine if the proposed activity is
allowed on the subject lake. The Lake Use Policy Statements provide general guidance
on development within and access to lakes used or controlled by Duke Energy, including
identification of activities that are/are not allowed on given lakes. (NOTE: If the
proposed activity is not allowed, the applicant will receive written documentation denying
the request.)
STEP 3: Applicant Completes Application Form(s) and Consultation
Provided the proposed activity is not denied in Step 2, the applicant is forwarded the
appropriate DE -LS application form(s) to be completed and returned to DE -LS along with
a check for any applicable fees and Habitat Enhancement Fund payments and security
deposits (if applicable). Application forms for any non -Duke Energy permits that are
required must be obtained from the applicable permitting authority. Some of the
permitting programs (e.g., Marina Facilities, Conveyance, and Excavation) normally
require consultation with local, state, and federal agencies and applicants may be
required to have a Draft Applicant Prepared Environmental Assessment (DAPEA)
completed before DE -LS will accept their application. As a minimum, all Marina
Facilities, Conveyance, and Excavation applicants are required to complete certain parts
of the DE -LS application form(s) and obtain a release from DE -LS before beginning the
required agency consultation process. Applicants for activities requiring a DAPEA are
also required to use a contractor, approved by DE -LS, to prepare the DAPEA before
submitting the application package to DE -LS. Applicants will be required to pay for the
services provided by the approved DAPEA contractor in addition to any application filing
fee(s), fund payment(s), and security deposit(s).
STEP 4: Shoreline Management Plan Review
DE -LS reviews the Shoreline Management Plan (SMP) (if applicable) to determine if the
proposed activity is consistent with the Existing or Future Use Classification for that part
of the lake. As it pertains to these guidelines, this plan is presently only in place for lakes
on the Catawba-Wateree Project. An on-site meeting between a DE -LS Representative
and the applicant and/or applicant's contractor will normally be included in this step.
(NOTE: If the proposed activity doesn't comply with the SMP and the applicant will
not/cannot modify the request to gain compliance, the applicant will receive written
documentation denying the request and the fees, fund payments, and security deposits
will be returned.)
STEP 5: Shoreline Management Guidelines Review
DE -LS conducts a review of the SMG to determine if the proposed activity complies with
the current guidelines. (NOTE: If the proposed activity does not comply with the SMG
and the applicant will not/cannot modify the request to gain compliance, the applicant will
receive written documentation denying the request and the fees, fund payments, and
security deposits will be returned.)
STEP 6: Lake Services Completes Application Review
DE -LS accepts the completed application and any applicable fees, fund payments, and
security deposits from the applicant. DE -LS reviews the application for correctness of
information to ensure all the proper permits and authorizations have been obtained from
any required local, state, or federal agencies and verify that all permitting and
operational issues have been resolved. An on-site meeting between a DE -LS
Representative and the applicant and/or applicant's contractor will almost always occur
with or before this step. (Note: DE -LS will not accept applications that are incomplete.)
DE -LS returns the application to the applicant for any necessary corrections or
modifications. DE -LS will only proceed to Step 7 when the following requirements have
been satisfied:
• The application is correctly completed and includes all the necessary
documentation.
• The "Applicant's Agreement Letter" is signed.
• The proposed use fully complies with the LUPS, the SMP (if applicable), and the
SMG.
J-7
• All issues raised during the agency consultation phase have been resolved or
otherwise satisfactorily addressed through a significant good -faith effort by the
applicant (as determined by DE -LS in its sole discretion), and all required non -
Duke Energy permits are in -hand.
• There are no unresolved operational concerns (as determined by DE -LS in its
sole discretion).
• DE -LS agrees with results of any EA.
• The applicable fees, fund payments, and security deposits have been received.
(Note: In addition to the standard fees and deposits, the applicant is also
expected to arrange and pay for the cost of any studies or other requirements
necessary to fully resolve operational or permitting issues.)
• Any required reviews (as determined by DE -LS in its sole discretion) by Duke
Energy's Law Department have been completed.
STEP 7: FERC Approval Requested
Once Steps 1 - 6 are complete, Duke Energy files the completed application with the
FERC (if applicable). The FERC review typically takes several months (two months
minimum) and usually includes a public notice period (published in the Federal Register,
on the FERC website, and the Legal section of local newspapers) in which the general
public may submit comments to the FERC either favoring or opposing application
approval. The FERC may issue Additional Information Requests to Duke Energy to aid
in application review and DE -LS will require the applicant to provide DE -LS with the
necessary information. The FERC review typically culminates with an order or letter from
the FERC to Duke Energy authorizing the company to approve the request as -filed,
authorizing approval with specified conditions, or directing Duke Energy to deny the
request. (NOTE: If the lake use is denied, the applicant will receive written
documentation from DE -LS, including a copy of the FERC order. Any security deposits
will be returned, but fees will not be returned).
STEP 8: Issuance of Permit
Once a FERC approval order or letter (if applicable) is received, DE -LS provides the
applicant with two copies of the users' agreement, lease, or easement document to be
executed, notarized (if applicable), and returned to DE -LS along with any required
additional fees. Some activities also require the applicant to provide DE -LS with proof of
insurance naming Duke Energy as additionally insured at this point. Once the required
documents and fees are received by DE -LS and the above steps are complete, DE -LS
will provide the applicant with a copy of any FERC approval order/letter and written
authorization (e.g., approved application form) to proceed with the proposed activity.
Lease and easement documents must also be recorded at the local Register of Deeds
office. Duke Energy will handle this recording and will forward the applicant a copy of the
fully executed and recorded lease/easement under separate cover. (Note: In addition to
the standard fees and deposits, the applicant is also expected to pay for the cost of any
additional studies or license requirements imposed upon Duke Energy as a result of the
application.)
M
STEP 9: Compliance Monitoring
DE -LS inspects the activity to monitor compliance. Inspections will be conducted after
construction is complete and periodic inspections of the work in -progress will generally
be conducted for larger projects. (NOTE: The applicant must notify DE -LS when
construction is initiated and completed.) Provided no violations occur and the activity is
conducted in accordance with the approved application, the DE -LS Representative will
approve the final structure or activity and attach any applicable permitting tags. If a
violation is detected, the DE -LS Representative may immediately issue Stop -Work
Directives, verbally and/or written via certified mail, to the applicant and/or applicant's
contractor. Consequences for Violations will be incurred and construction cannot resume
until additional written authorization is received from DE -LS.
STEP 10: Application File Close-out
DE -LS closes out the application file. Applicable data is entered on the application form
and into the database and documents are filed. Security deposits are returned, provided
no violations occurred.
STEP 11: Operating Programs
The approved facility may then be subject to one or more DE -LS operating programs.
These programs are designed to ensure that long-term facility operation does not conflict
with DE -LS objectives. These programs may include, but are not limited to, periodic
compliance inspections, annual user fee collection, and identification of structures
requiring repair.
IWO
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SECTION 1 - MARINA FACILITIES PROGRAM
A. General
All parties desiring to construct, expand, or rebuild a marina facility (see Glossary for
definitions of Commercial Marina, Residential Marina, and True Public Marina facilities;
also see SMP Classifications/Lake Use Restrictions Document) within the Project
Boundaries of a Duke Energy lake must first contact DE -LS and obtain written
authorization prior to beginning any activity/construction. Applications that include
resource agency consultation and an approval order from the FERC may also be
required for certain activities. DE -LS will require the applicant to enter into a lease or
users' agreement/permit to ensure that long-term operation of the marina facility does
not conflict with DE -LS objectives. (NOTE FOR ALL NON -PROJECT USE
APPLICANTS: Duke Energy is neither the advocate nor the adversary for non -Project
use applications, such as Marina Facilities. The applicant, not DE -LS, is responsible for
negotiating the application process with other permitting and regulatory authorities.)
B. Criteria for Commercial Marina Facilities
(e.g., public marinas, yacht clubs, restaurants, and short-term campgrounds [<_
14 days])
1. Special Rulings — Since every possible scenario can not be anticipated, DE -LS
reserves the right to make special rulings in cases not specifically covered by
these guidelines or to prevent violating the intent of the permitting programs.
2. Proximity to Existing Facilities — New Commercial Marina Facilities will not be
authorized in areas within a half -mile radius of an existing Commercial Marina
Facility or areas where more than fifty percent of the shoreline within a half -mile
radius is identified in the SMP as an Existing Residential classification (Figure
1 B-1).
3. 50 -ft Environmental Offset — New or expanded Commercial Marina Facilities may
not be constructed within the 50 -ft Environmental Offset (Figure 1 B-2) associated
with an Environmental classification identified in the SMP unless the permitted
facility currently exists within the offset.
4. Compliance with Regulations — All facilities must comply with all applicable local,
state, and federal regulations. Also, all necessary governmental permits or
approvals, a FERC order (if applicable), and written authorization from DE -LS
must be obtained by the applicantrp for to beginning any activity/construction
within the Project Boundaries or on any Duke Energy -owned peripheral strip.
5. Length of Facilities — New, expanded, or rebuilt facilities shall not extend more
than one-third the distance to the opposite shoreline as measured from the full
pond contour or extend more than 120 ft waterward of the full pond contour,
whichever is more limiting (Figure 1 B-3). Additionally, facilities must be situated
or constructed in size, dimension, or design such that an average -size moored
watercraft will not interfere with access to other facilities and not obstruct ingress
and egress of watercraft. (Exception: Facilities operated as True Public Marinas
may be considered for a maximum length of 200 ft, provided the facility meets all
other requirements and continues to be operated as a True Public Marina.)
6. Waste Disposal Facilities Required — Publicly available restrooms and marine
pump -out facilities must be provided as a minimum to be considered a True
Public Marina.
7. Mooring Requirements — Facilities shall not use mooring buoys or similar
detached structures to independently moor vessels. Mooring locations must be
limited to areas within slips and along the outer edges of piers/docks as end ties.
8. Flotation Materials — Flotation for all facilities shall be of materials manufactured
specifically for marine use. Materials must not lose significant buoyancy if
punctured, must not generally be subject to damage by animals, and must resist
breaking apart under a broad range of wave energies. Uncoated, beaded
polystyrene will not be permitted for any new construction or as replacement for
existing facilities. Reuse of plastic, metal, or other previously used drums or
containers for encasement or flotation purposes is prohibited. Existing flotation
on previously approved structures is authorized until it has severely deteriorated
and is no longer serviceable, at which time it must be replaced with approved
flotation.
9. Reflectors — Reflectors or reflective tape must be placed and maintained by the
applicant on the two furthermost corners of the structure that extend into the
water and along the sides of the structure at reasonable intervals from the end
back toward the shore.
10. Lighting — Low-pressure sodium lights with time or motion sensors to turn lights
off when not needed are preferred. All outdoor fixtures should be fully shielded
and installed in such a way that light is not emitted above the lowest part of the
fixture. Incandescent lights should be well -shielded, low -wattage lamps that
include time or motion sensors to turn lights off when not needed.
11. Minimum Elevation of Decking — The top of all fixed pier decking (not including
handrails) must be at least one vertical foot above the full pond elevation. Small
stair -stepped landings may be constructed on the sides of stationary piers to
facilitate watercraft boarding and entry.
12. Enclosure of Facilities — The sides of covered slips are not to be enclosed.
Handrails may be put on for safety, but must not be enclosed.
13. Non -Allowable Non -Boating Structures — The addition of facilities not related to
water access is prohibited except for gas docks or docks associated with marine
sanitation device pump -out stations. Consideration may be given for small
facilities (e.g., benches and picnic tables), provided they are identified in the
application.
14. Allowable Non -Boating Structures — True Public Marina Facilities may include
fishing piers/platforms/boardwalks or other similar non -boating structures. The
extraneous facilities can only be used for the purpose identified in the facility
application. These facilities will be assessed a single user fee, provided the
facility does not provide boating access.
15. Narrow Coves — Expanding Commercial Marina Facilities (except for waivers
allowed for True Public Marina Facilities) will not be allowed in narrow coves on
the cove -head side of the point where the cove narrows to 300 ft or less in width
(Figure 1B-4).
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16. Cut -Off Areas — New or expanded Commercial Marina Facilities may be
significantly restricted in number of boat launching/docking/mooring locations or
completely prohibited within cut-off areas (see Glossary), depending on the
available boating capacity within the cut-off area. The applicant will be required to
evaluate boating capacity as part of the Commercial Marina Facility application
for facilities within cut-off areas.
17. Electric Utility Line Rights -of -Way — New or expanded Commercial Marina
Facilities including the Project area covered by the lakebed lease/user's
agreement/permit will not be authorized within the right-of-way limits of any
existing or planned overhead, electricity -carrying utility line.
18. Location of Boat Ramps — New boat ramps for Commercial Marina Facility use
shall not be located in the backs of coves if any portion of the cove between the
proposed boat ramp location and the main channel is 300 ft or less in width
(Figure 1B-4).
19. Maximum Facility Size — New or expanded Commercial Marina Facilities may be
considered for a maximum number of 200 boat slips/docking/mooring locations.
(Exception: Commercial Marina Facilities designated as True Public Marinas
may be considered for more than 200 boat slips/docking/mooring locations.)
20. Facility Amenities Application Details — All Commercial Marina Facility boat
launching/docking/mooring locations, whether in confined slips alongside the
outermost slip fingers or at any other location, must be specified in the
application along with the maximum launching/docking/mooring capacity for the
facility. Facilities that include a boat ramp must also specify the number of
car/trailer parking spaces that will be available for boat ramp users and evidence
that supports the rate of use of the ramp. Facilities that include dry storage for
boats must also specify the number of boats the storage area can hold plus the
number of parking spaces for dry storage users and evidence that supports the
rate of use of the storage area access.
21. Low Impact Design — Low Impact Development practices for storm water
management shall be incorporated to the maximum practicable extent into the
design of any boat ramp facility located within the Project Boundaries.
22. Capacity of Slips — Unless a boat slip or docking/mooring location is specifically
designed to accommodate additional watercraft (e.g., double boat slip) and the
capacity is specified in the application, only one watercraft at a time shall be
moored within a boat slip or docking/mooring location.
23. Floats for Personal Watercraft and Boatlifts — Floats for docking of personal
watercraft (PWC) or boatlifts may be added to a previously permitted Commercial
Marina Facility without additional written approval from Duke Energy, provided
that:
a. Any applicable Non -Duke Energy permits or approvals have been received;
b. The PWC floats or boatlifts are installed within the confines of a slip in the
previously approved facility;
c. The addition of the PWC floats or boatlifts do not increase the total number of
watercraft that the facility is designed to accommodate as identified in the
application; or
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d. The facility owner sends a letter to DE -LS documenting that the above
requirements are true, along with an attached drawing of the facility that
identifies the locations of the added PWC floats or boatlifts.
24. Lease/Users' Agreement — All new or expanded Commercial Marina Facility
applicants are required to enter into a lease/users' agreement/permit for the
FERC Project area that the facility will occupy. The Project area covered by the
lease/users' agreement/permit must meet the following basic criteria:
a. The area cannot include structures permitted under the Private Facilities
Program;
b. The area must include minimum clear maneuvering distances surrounding
the boating structures of twice the slip length on the side of boat ingress and
egress and 15 ft from all other sides (Figure 1 B-5);
c. The area cannot extend beyond the mid -point of the cove (Figure 1 B-6); and
d. All moored watercraft must be within the confines of the lease area.
25. Timing of Lease/Users' Agreement — All new, expanded or rebuilt, Commercial
Marina Facilities must have an executed lease, permit, or other instrument of
conveyance from Duke Energy within 18 months following issuance of a FERC
order or within 18 months following receipt of the instrument of conveyance if a
FERC order is not required.
26. True Public Marina Expansion — Expansion of existing True Public Marinas may
be exempted from adhering to certain requirements limiting expansion of other
existing Commercial Marina Facilities. True Public Marinas may be considered
for expansion even if:
a. The facility is behind a point where the cove narrows to 300 ft or less;
b. The facility expansion would exceed the maximum of 200 boat slips; or
c. The facility expansion is within the 200 ft setback from the outermost project -
front property corners or from any privately owned in holdings. Additionally,
an existing Residential Marina Facility may be converted to a Commercial
Marina Facility use only if the facility qualifies as a True Public Marina. All
expansions are subject to local, state and federal resource agency review.
27. Waste Disposal Facilities — Any proposed new, expanded or rebuilt dry storage
facility adjoining the Project Boundaries, Commercial Marina Facility, or
Commercial Marina Facility that is renewing or transferring its project area
lease/permit must provide a commercially manufactured sanitary marine pump -
out system as a regular and customary service if any of the following criteria are
met:
a. The facility will have > 65 docking/mooring/storage spaces for watercraft;
b. The facility will include gasoline dispensing equipment (other than hand -
carried, portable tanks);
c. The facility will moor/store > 25 watercraft with Marine Sanitation Devices
(MSD);
d. The facility will moor a watercraft that is specifically used to provide cruises to
the public where meals are served; or
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e. The facility will moor watercraft that will be used for human habitation.
(Exception: A Commercial Marina Facility may be exempted from the
requirement to provide on-site marine pump -out facilities, as a result of items
a—c only, if written proof from a state or local agency is provided to document
that the facility will not be allowed to dispose of waste collected from
watercraft because of state or local regulations.)
28. Liquid and Solid Waste Facilities — Structures built within the Project Boundaries
must not contain sinks, toilets, showers, or any other type of device that could
cause any liquid or solid waste to be discharged into the lake. (Exception:
Gasoline dispensing equipment, water supply lines supported by approved
pump -out facilities, or facilities for which such devices were specifically approved
under a complete, Commercial Marina Facility application post -marked to DE -LS
prior to June 1, 1996, are exempted from this requirement.)
29. Gasoline Dispensing — New, expanded, or rebuilt Commercial Marina Facilities
that are approved to dispense gasoline within the Project Boundaries must
provide petroleum absorbent materials or similar best available technology at all
the slips dedicated/available for gasoline dispensing.
30. Setbacks — All facilities shall be set back along the shoreline at least 200 ft from
the outermost project -front property corners of the development, from any
privately owned in -holdings that are not part of the proposed commercial facility,
and/or according to local government zoning requirements, whichever provides
for a greater distance. This setback along the shoreline is determined by
creating a 200 -ft radius from the property corners on the project -front (Figure 1 B-
7).
31. Islands — New Commercial Marina Facilities for boat launching/docking/mooring
will not be authorized for construction from islands.
32. Water Willow Beds — Applicants are encouraged to avoid activities that could
have an adverse impact upon existing water willow beds. Unavoidable impacts
should be confined to the sides of water willow beds to minimize disruption of
their function as shallow water fish habitat. No floating structures or other
extraneous facilities (e.g., gazebos, decks) may be constructed over water willow
beds. The width of walkways over water willow beds will be limited to three ft.
Removal of water willow for continued lake access may be allowed, but only for
the specific and limited area necessary.
33. Deadline for Completing Construction — The construction of any facility must be
completed as described in the approved application and within the approved
build -out period (see Glossary). The initial build -out period for Commercial
Marina Facilities is 18 months from the date of application approval by DE -LS. A
one-year extension may be approved by DE -LS if the applicant files a written
request, prior to expiration of the 18 -month build -out period, detailing what
approved activities have been completed, what approved activities remain to be
completed and the reason for the delay, along with any applicable fees (including
an extension fee). If during an extension period additional guidelines are
imposed, the remaining construction will be required to comply with the additional
guidelines to the maximum practicable extent. Failure to construct a facility
within the total, approved build -out period with one extension (i.e., 30 months
total) will require the applicant to contact all agencies that issued permits and
document the originally issued permits are still valid or acquire reissued permits
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for those that have expired. This will allow the issuance of a second 12 -month
extension (i.e., 42 months total), which will require payment of a second
application filing fee and security deposit, and forfeiture of the original deposit. If
the applicant does not complete all activities within this final 12 -month extension
period, DE -LS will notify the applicant in writing that all approvals have been
withdrawn and reauthorization to complete construction of the facilities will
require re-entry into the application review and approval process (including, as a
minimum, providing a new construction schedule, detailed description of the
facilities to be constructed and the applicable fees and security deposits), and
such reauthorization may not be granted. Construction will not be allowed to
resume until additional written authorization is received from DE -LS.
34. Applicant — The applicant must be a natural person; a corporation, partnership, or
a limited liability company (duly formed and registered); or a division of
government, and must be the owner of the tract of land immediately adjoining the
Project Boundaries or Duke Energy -owned peripheral strip. The
lessee/permittee/grantee must be a corporation, partnership, or a limited liability
company (duly formed and registered); or a division of government, and must be
the owner of the tract of land immediately adjoining the Project Boundaries or
Duke Energy -owned peripheral strip. DE -LS will hold the adjoining property
owner fully responsible for the permitted lake use (including maintaining
structures in good repair). This responsibility is considered to transfer
automatically along with ownership of the adjoining tract. It is therefore the
responsibility of the property owner to ensure that authorization for the permitted
use and any conveyance documents for facilities within the Project Boundaries or
peripheral strip are transferred should there be a change in ownership of the
adjoining tract and/or facility.
35. Conversion of Existing Residential Marina Facilities — Existing Residential Marina
Facilities shall not be converted to Commercial Marina Facility use except for
conversion to a True Public Marina.
36. Conversion of Existing Commercial Marina Facilities — Existing Commercial
Marina Facilities may be converted to Residential Marina Facility use, provided
the applicant successfully completes the Marina Facilities application process
again and pays the applicable fees. All of the Residential Marina Facility criteria
must be met and the applicant will also have to sign a new lease/users'
agreement/permit that is consistent with the documents required of new
Residential Marina Facilities.
C. Criteria for Residential Marina Facilities
(e.g., townhouses, condominiums, apartments, long-term campgrounds [> 14
days], subdivision access lots)
1. Special Rulings — Since not every possible scenario can be anticipated, DE -LS
reserves the right to make special rulings in cases not specifically covered by
these guidelines or to prevent violating the intent of the permitting programs.
2. Compliance with Regulations — All facilities must comply with all applicable local,
state, and federal regulations. In addition, all necessary governmental permits or
approvals, a FERC order (if applicable) and written authorization from DE -LS
must be obtained by the applicantrp for to beginning any activity/construction
within the Project Boundaries or on any Duke Energy -owned peripheral strip.
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3. Length of Facilities — New, expanded or rebuilt facilities shall not extend more
than one-third the distance to the opposite shoreline as measured from the full
pond contour or extend more than 120 ft waterward of the full pond contour,
whichever is more limiting (Figure 1 B-3). Additionally, facilities must be situated
or constructed in size, dimension, or design such that an average -size moored
watercraft will not interfere with access to other facilities and not obstruct ingress
and egress of watercraft.
4. 50 -ft Environmental Offset — New Residential Marina Facilities may not be
constructed within the 50 -ft Environmental Offset (Figure 1 B-2) associated with
an Environmental classification identified in the SMP.
5. Flotation Materials — Flotation for all facilities shall be of materials manufactured
for marine use. Materials must not lose significant buoyancy if punctured, must
not generally be subject to damage by animals, and must resist breaking apart
under a broad range of wave energies. Uncoated, beaded polystyrene will not be
permitted for any new construction or as replacement for existing facilities. Reuse
of plastic, metal, or other previously used drums or containers for encasement or
flotation purposes is prohibited. Existing flotation on previously approved
structures is authorized until it has severely deteriorated and is no longer
serviceable, at which time it must be replaced with approved flotation.
6. Reflectors — Reflectors or reflective tape must be placed and maintained by the
applicant on the two furthermost corners of the structure that extend into the
water and at reasonable intervals along the sides of the structure from the end
back toward the shore.
7. Lighting — Low-pressure sodium lights with time or motion sensors to turn lights
off when not needed are preferred. All outdoor fixtures should be fully shielded
and installed in such a way that light is not emitted above the lowest part of the
fixture. Incandescent lights should be well -shielded, low -wattage lamps that
include time or motion sensors to turn lights off when not needed.
8. Minimum Elevation of Decking — The top of all fixed pier decking (not including
handrails) must be at least one vertical foot above the full pond elevation. Small
stair -stepped landings may be constructed on the sides of stationary piers to
facilitate watercraft boarding and entry.
9. Enclosed Piers — The sides of piers are not to be enclosed. Handrails may be
put on for safety, but must not be enclosed.
10. Non -Water Access Facilities — The addition of facilities not related to water
access is prohibited except for docks associated with marine sanitation device
pump -out stations. Consideration may be given for small facilities (e.g., benches,
picnic tables), provided they are identified in the application.
11. Common Access Boardwalks — Common access boardwalks are not allowed for
Residential Marina Facilities.
12. Narrow Coves — New Residential Marina Facilities will not be allowed in narrow
cove areas on the cove -head side of the point where the cove narrows to 300 ft
or less in width (Figure 1 B-4).
13. Boat Ramps in Coves — New boat ramps for Residential Marina Facility use shall
not be located in the backs of coves if any portion of the cove between the
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proposed boat ramp location and the main channel is 300 ft or less in width
(Figure 1B-4).
14. Cut -Off Areas — New Residential Marina Facilities may be significantly restricted
in number of boat launching/docking/mooring locations or completely prohibited
within cut-off areas (see Glossary), depending on the available boating capacity
within the cut-off area. The applicant will be required to evaluate boating
capacity as part of the Residential Marina Facility application for facilities within
cut-off areas.
15. Electric Utility Line Rights -of -Way — New Residential Marina Facilities will not be
authorized within the right-of-way limits of any existing or planned overhead,
electricity -carrying utility line.
16. Facility Amenities Application Details — All Residential Marina Facility boat
launching/docking/mooring locations, whether in confined slips alongside the
outer most slip fingers or at any other location, must be specified in the
application along with the maximum launching/docking/mooring capacity for the
facility. Facilities that include a boat ramp must also specify the number of
car/trailer parking spaces that will be available for boat ramp users and evidence
that supports the rate of use of the ramp. Facilities that include dry storage for
boats must also specify the number of boats the storage area can hold plus the
number of parking spaces for dry storage users and evidence that supports the
rate of use of the storage area ramp.
(Exception: A single -slip courtesy dock may be requested, provided the facility is
restricted both in the subdivision covenants and the Duke Energy lease/users'
agreement/permit to only allow watercraft use for pick-up/drop-off of passengers,
pump -out of waste or fueling from hand -carried portable tanks, and specifically
prevented from use by mooring unattended watercraft. The courtesy dock will not
count against the total number of Residential Marina slips/moorings/docking
locations requested.) (Note: Specifically assigned refueling slips must have
petroleum absorbent materials or similar best available technology at all the slips
dedicated/available for gasoline dispensing.)
17. Capacity of Slips — Unless a boat slip or docking/mooring location is specifically
designed to accommodate additional watercraft (e.g., double boat slip) and the
capacity is specified in the application, only one watercraft at a time shall be
moored within a boat slip or docking/mooring location.
18. Floats for Personal Watercraft and Boatlifts — Floats for docking of PWC or
boatlifts may be added to a previously permitted Residential Marina Facility
without additional Duke Energy written approval, provided that:
a. Any applicable Non -Duke Energy permits or approvals have been received;
b. The PWC floats or boatlifts are installed within the confines of a slip in the
previously approved facility;
c. The addition of the PWC floats or boatlifts do not increase the total number of
watercraft that the facility is designed to accommodate as identified in the
previously approved application; and
d. The facility owner sends a letter to DE -LS documenting that the above
requirements are true, along with an attached drawing of the facility that
identifies the locations of the added PWC floats or boatlifts.
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19. Timing of Lease/Users' Agreement — All new, rebuilt or expanded Residential
Marina Facilities must have an executed lease, permit or other instrument of
conveyance from Duke Energy within 18 months following issuance of a FERC
order or within 18 months following receipt of the instrument of conveyance if a
FERC order is not required.
20. Lease/Users' Agreement — All new Residential Marina Facility applicants are
required to enter into a lease/users' agreement/permit for the FERC Project area
that the facility will occupy. The Project area covered by the lease/users'
agreement/permit must meet the following basic criteria:
a. The area cannot include structures permitted under the Private Facilities
Program;
b. The area must include minimum clear maneuvering distances surrounding
the boating structures of twice the slip length on the side of boat ingress and
egress and 15 ft from all other sides (Figure 1 B-5);
c. The area cannot extend beyond the mid -point of the cove (Figure 1 B-6); and
d. All moored watercraft must be within the confines of the lease area.
21. Waste Disposal Facilities Required — Any proposed new or rebuilt Residential
Marina Facility or Residential Marina Facility that is renewing or transferring its
Project area lease/permit must provide on-site sanitation facilities for marine
pump -out and/or disposal of waste if any of the following criteria are met:
a. The facility will have > 65 docking/mooring spaces for watercraft;
b. The facility will moor > 25 watercraft with Marine Sanitation Devices (MSD);
and
c. The facility will moor watercraft that will be used for human habitation.
(Exception: A Residential Marina Facility may be exempted from the
requirement to provide on-site marine pump -out facilities, as a result of Items
a or b only, if written proof from a state or local agency is provided to
document that the facility will not be allowed to dispose of waste collected
from watercraft because of state or local regulations.)
22. Liquid and Solid Waste Facilities — Structures built within the Project Boundaries
must not contain sinks, toilets, showers, or any other type of device that could
cause any liquid or solid waste to be discharged into the lake. (Exception: Water
supply lines supported by approved marine pump -out facilities are exempted
from this requirement.)
23. Gasoline Dispensing — New or rebuilt Residential Marina Facilities that have
dedicated slips for boat refueling from single individually -owned containers must
provide petroleum absorbent materials or similar best available technology at all
the slips dedicated for refueling. On reservoirs that have no Commercial Marina
Facilities, all new or rebuilt, Residential Marina Facility slips will be required to
provide petroleum absorbent materials or similar best available technology at all
slips in the facility.
24. Setbacks — All facilities shall be set back along the shoreline at least 200 ft from
the outermost project -front property corners of the development, from any
privately owned in -holdings that are not part of the proposed residential
development (i.e., the owner will not be a member of the homeowners'
J-19
association), and/or according to local government zoning requirements,
whichever provides for a greater distance. This setback along the shoreline is
determined by creating a 200 -ft radius from the property corners on the project -
front (Figure 1 B-7).
25. Covered Boat Slips — No covered boat slips, structural boat covers, or boat
shelters (see Glossary) will be allowed at Residential Marina Facilities.
26. Islands — New Residential Marina Facilities for boat launching/docking/mooring
will not be authorized for construction from islands.
27. Deadline for Completing Construction — The construction of any facility must be
completed as described in the approved application and within the approved
build -out period (see Glossary). The initial build -out period for Residential Marina
Facilities is eighteen (18) months from the date of application approval by DE -LS.
A one-year extension may be approved by DE -LS if the applicant files a written
request, prior to expiration of the 18 -month build -out period, detailing what
approved activities have been completed, what approved activities remain to be
completed, and the reason for the delay, along with any applicable fees
(including an extension fee). If during an extension period additional guidelines
are imposed, the remaining construction will be required to comply with the
additional guidelines to the maximum practicable extent. Failure to construct a
facility within the total, approved build -out period with one extension (i.e., 30
months total) will require the applicant to contact all agencies that issued permits
and document the originally issued permits are still valid or acquire reissued
permits for those that have expired. This will allow the issuance of a second 12 -
month extension (i.e., 42 months total) which will require payment of a second
application filing fee and security deposit, and forfeiture of the original deposit. If
the applicant does not complete all activities within this final 12 -month extension
period, DE -LS will notify the applicant in writing that all approvals have been
withdrawn and reauthorization to complete construction of the facilities will
require re-entry into the application review and approval process (including, as a
minimum, providing a new construction schedule, detailed description of the
facilities to be constructed, and the applicable fees and security deposits), and
such reauthorization may not be granted. Construction will not be allowed to
resume until additional written authorization is received from DE -LS.
28. Applicant — The applicant must be a natural person; a corporation, partnership, or
a limited liability company (duly formed and registered); or a division of
government, and must be the owner or leaseholder of the tract of land
immediately adjoining the Project Boundaries or Duke Energy -owned peripheral
strip. The lessee/permittee/grantee must be a corporation, partnership, or a
limited liability company (duly formed and registered); or a division of
government, and must be the owner or leaseholder of the tract of land
immediately adjoining the Project Boundaries or Duke Energy -owned peripheral
strip. DE -LS will hold the adjoining property owner fully responsible for the
permitted lake use (including maintaining structures in good repair). This
responsibility is considered to transfer automatically along with ownership of the
adjoining tract. It is therefore the responsibility of the property owner to ensure
that authorization for the permitted use and any conveyance documents for
facilities within the Project Boundaries or peripheral strip are transferred should
there be a change in ownership of the adjoining tract and/or facility.
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29. Assigned Slips for Project -Front Lots — A project -front lot may be assigned a slip
in the Residential Marina Facility, if the applicant so chooses. The slip for the
project -front lot will not increase the total maximum number of Residential Marina
slips the applicant may request. The project -front lot will not be considered for an
Individual Private Facility, or for a slip in a Common -Use Facility, and the
applicant must clearly show this fact on the subdivision plat submitted with the
development's Residential Marina Facility application.
30. Reevaluation of Shoreline — Once a Residential Marina Facility application for a
development is approved by Duke Energy, the shoreline within the original
development cannot be reevaluated for subsequent expansion in number of
approved Residential Marina Facility slips. This holds true even if a portion of the
original development's shoreline is resold to another developer for another
development, or if the original developer did not request the maximum number of
Residential Marina Facility slips.
31. Subdivision Access Lots — The proposed Residential Marina Facility must meet
the following basic guidance concerning subdivision access lots:
a. The master plan must show that the lots will be owned in fee by the
development homeowners' association when established and any changes to
the master plan directly or indirectly impacting the marina facility (e.g., slip
eligibility, marina location, configuration), will require refiling the application;
b. The lots must have at least 100 ft of shoreline suitable for Commercial Marina
Facility or Residential Marina Facility use as measured along the Project
Boundaries; and
c. The access lot(s) shall not be located in coves any portion of which is 300 ft
or less in width as measured from the proposed access lot location out to the
main channel.
(Exception: Developments whose original, complete Residential Marina Facilities
application was post -marked to Duke Energy before June 1, 1996, may be
exempted from any subdivision access lot requirements that were also not met at
the time of original application.)
32. Review of Associated Applications — In a development proposed to provide
Residential Marina Facility access, the developer must submit a complete
application and receive written confirmation from DE -LS and/or notification that
the application has been submitted to Duke Energy's Law Department for
preparation in filing with the FERC (if applicable), or a copy of the homeowner's
covenants and final recorded subdivision plat approved by the local government
planning and zoning office must be submitted acknowledging the location of the
planned facilities prior to DE -LS reviewing applications under the Private
Facilities, Excavation and Shoreline Stabilization Programs for lake use activities
submitted by private individual lot owners.
33. Conversion of Existing Commercial Marina Facilities — Existing Commercial
Marina Facilities may be converted to Residential Marina Facility use, provided
the applicant successfully completes the Marina Facilities application process
again and pays the applicable fees. All of the Residential Marina Facility criteria
must be met and the applicant will also be required to sign a new lease/users'
agreement/permit consistent with the documents required of new Residential
Marina Facilities.
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34. Conversion of Existing Residential Marina Facilities — Existing Residential Marina
Facilities shall not be converted to Commercial Marina Facility use except for
conversion to a True Public Marina.
D. Shoreline Preservation Incentive Program
Description of Program — In the interest of preserving undisturbed shoreline to
protect wildlife habitat, an incentive program is offered for development projects.
The program allows more boat slips than would be allowed under criteria in
previous versions of the SMG so long as the applicant preserves and leaves
undisturbed at least 20 percent of the shoreline available for boat dock
construction. In exchange for preserving this shoreline, the applicant may be
allowed the multiple of boat slips/moorings/docking locations for every 100 ft of
shoreline preserved as indicated in the table below. These multiples may be
increased as also indicated in the table if the preserved shoreline is accompanied
with a buffer contiguous with and directly landward of the preserved shoreline.
These additional boat slips/moorings/docking locations would be constructed in a
multi -slip facility that would serve lots or dwelling units in the subdivision whether
or not they front on the water or the Project Boundaries. The total number of
slips/moorings/docking locations within the incentive program cannot exceed the
total number of off -water lots or dwelling units in the development and must be
contiguous with the development that includes the preserved shoreline. The
number of slips/moorings/docking locations will be rounded down as part of the
incentive program.
Eligible Shoreline Preserved
Boatslip Multiple per 100 ft of Shoreline Preserved
(percent)
At Least
But Less Than
With No Buffer
With 50 -Ft
With 150 -Ft
Buffer
Buffer
20
25
1.5
2.5
3.5
25
50
2.5
3.5
4.5
50
-
4.5
5.0
6.0
2. Eligible Shoreline — Any shoreline not eligible for lake use permitting activities,
such as those classified as Environmental, Natural, Natural Isolated Berm,
Bottomland Hardwood Areas, Public Infrastructure, etc., would not be counted in
the calculation of shoreline footage eligible for the incentive. The incentive
preserved areas are in addition to the areas that will already be protected by one
of these classifications.
3. Upland Buffer Incentive — An additional incentive (see table above) may apply if
the applicant also preserves in a buffer (between 50 ft and 200 ft) additional land
upland and continuous to the preserved shoreline. No additional incentive will be
provided for buffers less that 50 ft upland of the Project Boundaries. The
incentive multiples for buffer widths between 50 ft and 200 ft will be interpolated
or extrapolated, as appropriate, from the incentive numbers in the above table.
4. Upland Buffer Associated with Protected Shoreline Areas — As an additional
incentive to conserve upland habitat, an applicant may agree to preserve lands
upland and contiguous with shoreline areas that are already protected through
the SMP classifications of Environmental, Natural, Natural Isolated Berm, or
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Bottomland Hardwood Areas. For every two acres of the applicant's property
outside the Project Boundaries preserved and left undisturbed, the applicant
becomes eligible for one additional boat slip/docking/mooring location.
5. Alternative Upland Buffer Associated with Protected Shoreline Areas — In lieu of
Criteria 4, the applicant may request a maximum of one additional boat
slip/docking/mooring location for preserving a buffer of 100 ft in width upland of
the Project Boundaries that is contiguous with a protected habitat classification
(i.e., Environmental, Natural, Natural Isolated Berm, or Bottomland Hardwood
Areas). All preserved land above the Project Boundaries must encompass the
entire length along the shoreline of the protected habitat shoreline. The minimum
protected shoreline length to be eligible for this additional access is 100 ft. The
SMP indicates the lateral extent of any single protected classifications) along the
shoreline that is/are eligible for an additional slip(s)/mooring(s)/docking
location(s).
6. Identification of Upland Buffers in Application — To be eligible for the incentive
program, the preserved land — buffers associated with preserved shoreline or
acreage or buffers preserved upland of an Environmental, Natural, Natural
Isolated Berm, or Bottomland Hardwood Areas classifications — must be
specifically identified in the application and must:
a. Include adequate protections in the form of a permanent conservation
easement or conservation -type agreement, identified in the protective
covenants of the development and managed by the homeowner's/boat slip
owner's association or other conservation entity approved by DE -LS;
b. Be identified by survey stamped by a Registered Land Surveyor, provided by
the applicant and included in the application that is also recorded in the
county where the property is located;
c. Be specifically addressed in the application along with a verifiable calculation
of the preserved shoreline and the associated slip(s)/mooring(s)/docking
location(s);
d. Be provided under the incentive program along with a master plan of the
development including all project -front lots and the location of the multi -slip
marina facility;
e. Be in addition to any shoreline within a protected classification as identified in
the SMP; and
f. Be in contiguous segments of not less than 800 ft for developments with
more than 800 total ft of preserved shoreline.
7. Shoreline Stabilization — There may be instances where the shoreline to be
preserved is subject to significant erosion that could be detrimental to the
purpose of preserving riparian habitat. In these cases, DE -LS, in consultation
with the appropriate wildlife resource agency, will determine whether the habitat
values of this shoreline would benefit from habitat friendly stabilization, such as
bioengineering or enhanced rip -rap, which then may be permitted on a case by
case basis.
8. Since the intent is to preserve important shoreline habitat areas, DE -LS will make
the final eligibility determinations on a case-by-case basis. (Note: Shoreline
areas that are not developable for multi -slip marina uses [e.g., their SMP
J-23
classification, if applicable, does not allow Commercial Marina Facility or
Residential Marina Facility use] are not eligible to accommodate the Residential
Marina Facility although their shoreline will be used in the calculation for
preservation and additional off -water access. Also note that the above limitations
describe the maximum number of slips/moorings/docking locations that may be
requested. Site-specific conditions may further restrict, or even eliminate, the
number of boat slips/docking/mooring locations that can be considered for
approval.)
E. Criteria for Rebuilds of Existing, Previously Approved, Marina Facilities
(See Glossary to note difference between a Facility Rebuild and Facility
Emergency Repair, Facility Expansion, and Facility Maintenance.)
1. Special Rulings — Since not every possible scenario can be anticipated, DE -LS
reserves the right to make special rulings in cases not specifically covered by
these guidelines or to prevent violating the intent of the permitting programs.
2. Compliance with Regulations — All facilities must comply with all applicable local,
state, and federal regulations. In addition, all necessary governmental permits or
approvals, a FERC order (if applicable) and written authorization from DE -LS
must be obtained by the applicant prior to beginning any activity/construction
within the Project Boundaries.
3. Facility Rebuilds — Applications for facility rebuilds (see Glossary) of existing
Marina Facilities must conform to the SMG that are in place for new or expanded
facilities at the time of the rebuild application. The following waivers may be
considered:
a. Any criterion that is specifically stated as being exclusively for new and/or
expanded facilities;
b. Any criterion that is specifically exempted according to a stated exception;
c. The 200 -ft setback requirement, if the existing structure was initially approved
before January 31, 1994, and the rebuilt structure does not further reduce the
setback provided;
d. The subdivision access lot and minimum project area lease/user's
agreement/permit requirements, if necessary to prevent creating non -
compliances for other, previously permitted facilities;
e. The requirement for each slip in the facility to be attributed to 100 ft or more
of shoreline suitable for Residential Marina Facility or Commercial Marina
Facility use;
f. The need for the applicant to own the adjoining property in fee simple if the
facility was originally permitted without such ownership and the applicant has
made a substantial, good -faith effort to acquire fee simple to a subdivision
access lot. (Note: The applicant may be required to post a bond to
guarantee performance of lease/permit requirements.); and
g. The need to consult with agencies that do not issue a permit of their own,
provided no excavation is needed, or consultation is not otherwise required
(e.g., by the Cultural Resources Programmatic Agreement or similar
documents).
J-24
(Exception: True Public Marina Facilities will be considered for rebuild even if
the rebuilt facility or a portion of the facility cannot comply with the current
guidelines. If compliance with the current guidelines is not possible, then the
replacement facility must not deviate further from the current guidelines than
the existing facility. This exception is provided only to True Public Marina
Facilities.)
4. Rebuilds of Multiple -Slip Facilities — Existing multiple -slip facilities, originally
approved under the Private Facilities Program (i.e., community use piers), may
be rebuilt under the Marina Facilities Program as a Residential Marina Facility,
although its use does not conform to the existing guidelines or shoreline
classification. As a general rule, applications for rebuilds (see Glossary to note
difference from Facility Expansion) of these existing multiple -slip private facilities
are subject to the same permitting criteria and review processes as new Marina
Facilities. (Note: Such applications will need to be reviewed by all the required
consulting agencies, since their original approval was not reviewed and they will
now involve conveyance by lease/user's agreement/permit of Project property.)
The following may be considered:
a. Waiver of the 200 -ft setback requirement, provided that the existing structure
was initially approved before January 31, 1994, and the rebuilt structure does
not further reduce the setback provided.
b. Waiver of the minimum lease%asement area requirements (see Glossary)
where there would be unavoidable impacts to existing permitted structures.
c. Waiver of the requirement that there be 100 ft of developable shoreline, as
defined in the SMP for private facilities or Marina Facilities, for each slip in the
facility.
(Note: Existing facilities that exceed 120 ft in length or the one-third cover width
limitation must be rebuilt to meet these criteria to be considered for waivers a—c. )
5. Lease/Users' Agreement — Applicants requesting to rebuild their facilities must
enter into a new lease/users' agreement/permit with new terms and conditions
(including increased user fees for the entire facility even if only a portion is
rebuilt) to comply with the current requirements.
6. Removal of Old Facilities Prior to Rebuilds — Applicants requesting to rebuild
their facility must ensure that all structures being replaced are completely
removed from the Project Boundaries and the Duke Energy -owned peripheral
strip prior to starting any new construction.
7. Electric Utility Line Rights -of -Way — Rebuilds of Marina Facilities within the right-
of-way limits of any existing or planned overhead, electricity -carrying utility line
may be considered for approval, provided that:
a. The structure and the Project area covered by the lakebed lease/users'
agreement/permit will be removed from within the right-of-way limits to the
maximum practicable extent;
b. Neither the numbers of structures nor the lakebed area under lease/user's
agreement/permit within the right-of-way will be increased;
c. All necessary design limitations (e.g., no roofs) have been incorporated and a
special lease/user's agreement/permit has been signed by the applicant; and
J-25
d. The applicant receives written approval from the utility line owner.
F. Caution
Authorization Required from Licensee — Adjoining property owners should be
aware that conducting activities within the Project Boundaries of a federally -
licensed hydroelectric project (e.g., Catawba-Wateree and Keowee-Toxaway
Projects) is a privilege that can only be granted with authorization from the
Licensee. Duke Energy supports use of the project lands and waters for a
variety of activities provided the use meets the regulatory requirements of the
license and protects and enhances the Project's scenic, recreational, cultural,
and environmental values.
2. Protected Areas — There are some areas of the lake where facilities may not be
permitted because of environmental considerations, development patterns,
physical lake characteristics, impacts to cultural resources, or other reasons.
These areas may be identified in the SMP (where applicable).
3. Minimization of Impacts — The permittee must make every reasonable effort to
minimize any adverse impact on fish, wildlife, and other natural resources.
4. Non -Authorized Uses — There are some types of lake uses that cannot be
authorized. Refer to Section 713 for a listing of commonly requested uses that
Duke Energy will not authorize.
5. Non -Conforming Structures — There are existing structures and improvements
permitted by DE -LS, prior to initiating these revised guidelines, which are not
compatible with the requirements as contained herein. These structures may be
maintained although their use does not conform to the enclosed guidelines.
When it becomes necessary to rebuild (see Glossary definition of Facility
Rebuild) a previously approved, non -conforming structure, the rebuilt structure
must comply with the guidelines in effect at the time of replacement to the
maximum practicable extent.
6. Flood Easements — In general, Duke Energy has reserved, on a tract -by -tract
basis, a deeded flood easement extending 10 ft or more vertically above the full
pond elevation contour on all lakes it owns or operates, to accommodate high
water and allow for operational flexibility in severe weather events. Although
these deeded flood easements typically do not prevent construction of dwellings
and other permanent structures, Duke Energy strongly recommends that
adjoining property owners avoid building such permanent structures within flood
easement areas. Buffer regulations must also be considered for any construction
or alteration of vegetation above the full pond contour elevation.
G. Consequences for Violations
Penalties — DE -LS representatives will issue Stop -Work Directives for any
violations that are detected within the Project Boundaries of a reservoir.
Consequences for violations will include one or more of the following:
• Unwanted delays;
Loss of security deposits;
• Suspension or cancellation of approved applications;
J-26
• Increases in fees;
• Modification or removal of non -complying structures and restoration of
disturbed areas at the owner's expense; and
• Loss of any consideration for future reservoir use applications.
2. Violation Examples — Examples of specific violations and their applicable
penalties include the following.
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (no existing pier/dock): Restoration with approved
native vegetation. Loss of consideration for lake use permitting activities
for up to five years depending on severity and subject to successful plant
restoration.
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (existing pier/dock): Removal of the pier/dock
from Project property and restoration with approved native vegetation.
Loss of consideration for lake use permitting activities for up to five years
depending on severity and subject to successful plant restoration.
• Unauthorized minor cutting of trees within the vegetated area (see
Section 8) within the Project Boundaries: Restoration as required in the
Vegetation Management Requirements for approved tree removal.
• Refusal to remove an unapproved, dilapidated, or unsafe structure:
Removal of the structure from the Project property by DE -LS. Loss of
consideration for lake use permitting activities until cost of removal, which
includes all removal costs including DE -LS or contractor expenses, landfill
fees, and a set management fee of $1,000, is paid.
• Unauthorized structure built within the Project Boundaries: After -the -fact
application may be accepted if structure conforms to the specific
requirements. Fee will be twice the current permit fee to cover additional
management costs. Non -complying structures will be subject to
modification or removal and restoration of disturbed areas at the owner's
expense.
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Imr-M
SECTION 2 - CONVEYANCE PROGRAM
A. General
Many non -boating activities that cross or are located within a lake's Project Boundaries
require a formal written conveyance from DE -LS, and an order approving the
conveyance from the FERC (if applicable) before beginning any construction within the
Project Boundaries. The types of uses for which a conveyance is required are
construction, replacement, expansion, realignment, or significant maintenance of the
following: roadways, causeways, and bridges; water lines and water intakes (except for
single home use which are covered under the Miscellaneous Reservoir Uses Program);
discharging effluent lines and non -discharging sewer lines; stormwater outlets;
transmission, distribution, and retail lines for telephone, telegraph, cable TV, railroad
signal, petroleum product, and electric utilities; and other uses if deemed necessary by
DE -LS. Successful conveyance applicants will also be required to enter into an
easement, lease, or users' agreement/permit to ensure that long-term operation of the
facility does not conflict with DE -LS objectives. (NOTE FOR ALL NON -PROJECT USE
APPLICANTS: Duke Energy is neither the advocate nor the adversary for non -Project
use applications, such as Conveyance applications. The applicant, not DE -LS, is
responsible for negotiating the application process with other permitting and regulatory
authorities.)
B. Criteria for Conveyances
1. Special Rulings — Since every possible scenario can not be anticipated, DE -LS
reserves the right to make special rulings in cases not specifically covered by
these guidelines or to prevent violating the intent of the permitting programs.
2. Compliance with Regulations — All facilities must comply with all applicable local,
state, and federal regulations. In addition, all necessary governmental permits or
approvals, a FERC order (if applicable) and written authorization from DE -LS
must be obtained by the applicant prior to beginning any activity/construction
within the Project Boundaries or on any Duke Energy -owned peripheral strip.
3. 50 -ft Environmental Offset — New or expanded conveyance activities may not be
constructed within the 50 -ft Environmental Offset (Figure 2B-1) associated with
an Environmental classification identified in the SMP unless the permitted activity
currently exists within the offset.
4. Lighting — Low-pressure sodium lights with time or motion sensors to turn lights
off when not needed are preferred. All outdoor fixtures should be fully shielded
and installed in such a way that light is not emitted above the lowest part of the
fixture. Incandescent lights should be well -shielded, low -wattage lamps that
include time or motion sensors to turn lights off when not needed.
5. Timing of Lease/Users' Agreement — All conveyance activities associated with
new, rebuilt, or expanded facilities must have an executed easement, lease,
permit, or other instrument of conveyance with Duke Energy within 18 months
following issuance of a FERC order or within 18 months following receipt of the
instrument of conveyance if a FERC order is not required.
J-29
6. Submarine Utility Lines — All submarine utility lines must be buried a minimum of
two ft below the lakebed in all parts of the full pond area that they cross.
(Exception: Exposed submarine utility lines may be allowed in areas five ft below
the maximum drawdown on lakes Keowee and Jocassee or where the lakebed
elevation is deeper than the Critical Reservoir Elevation [CRE] [see Glossary] on
the specific lake provided that the exposed portion of the submarine utility line is:
(a) laid upon the lakebed; (b) substantially anchored; and (c) shielded if
necessary to prevent damage by boat anchors. A Lake Facility Safety Plan may
also be required [Figure 2B-2].)
7. Water Intakes — New, expanded, or rebuilt permanent Large Water Intakes (i.e.,
greater than or equal to 1 million gallons per day [MGD] maximum instantaneous
capacity) should be fully operational with the reservoir level at or above the
Critical Reservoir Elevation (CRE) (see Glossary) that is required for full
hydroelectric station operation on the specific lake or five ft below the maximum
drawdown on lakes Keowee and Jocassee. All applicants are required to
demonstrate the proposed means to address this requirement by providing an
engineering feasibility evaluation stamped by a licensed professional engineer.
Exceptions for shallower intakes will only be considered if there is overwhelming
evidence included in the feasibility evaluation that an intake cannot be practicably
constructed (economic factors will be considered although costs will not be the
sole factor in determining practicability) to allow full unimpeded operation of the
intake up to its proposed maximum instantaneous capacity with the reservoir
level at or above the CRE that is required for full hydroelectric station operation
or five ft below the maximum drawdown on lakes Keowee and Jocassee. The
evaluation and justification for any such exceptions for approval of shallower
intakes must further consider the proposed intake's relationship with the CRE
needed for any existing Large Water Intakes used for Public Water Supply,
industrial or regional non -hydroelectric power plant operation on the specific lake.
DE -LS will not normally approve applications for permanent Large Water Intakes
that require reservoir levels above the existing CRE for the specific lake or
intakes higher in elevation than five ft below the maximum drawdown on lakes
Keowee and Jocassee. Also, DE -LS will not normally approve expanded or
rebuilt permanent Large Water Intakes that require reservoir levels for full
unimpeded operation up to its proposed maximum instantaneous capacity that
are above the existing CRE for the original intake or higher in elevation than five
ft below the maximum drawdown on lakes Keowee and Jocassee.
8. Screens on Water Intakes — New, expanded, or rebuilt permanent Large Water
Intakes (greater than or equal to 1 MGD maximum instantaneous capacity) and
permanent small water intakes (less than 1 MGD maximum instantaneous
capacity) should, to the maximum practicable extent: (a) use passive screens;
(b) provide screen openings not to exceed one centimeter; and (c) provide a
maximum intake velocity of 0.5 fps or less. For waters with anadromous fish, the
applicant must consult with appropriate federal and state resource agencies and
determine the appropriate intake and screen design specifications.
9. Submerged Effluent Outfalls — New, expanded, or rebuilt submerged effluent
outfalls should be completely submerged and fully operational with the reservoir
level at or above the Critical Reservoir Elevation (CRE) (see Glossary) that is
required for full hydroelectric station operation on the specific lake or five ft below
the maximum drawdown on lakes Keowee and Jocassee. All applicants are
J-30
required to demonstrate the proposed means to address this requirement by
providing an engineering feasibility evaluation stamped by a licensed
professional engineer. Exceptions for shallower outfalls will only be considered
for: (a) non -submerged outfalls; or (b) submerged outfalls if there is
overwhelming evidence included in the feasibility evaluation that the submerged
outfall cannot be practicably constructed (economic factors will be considered
although costs will not be the sole factor in determining practicability) to allow full
unimpeded operation of the outfall up to its proposed capacity with the reservoir
level at or above the CRE that is required for full hydroelectric station operation
or five ft below the maximum drawdown on lakes Keowee and Jocassee. The
evaluation and justification for any such exceptions for approval of shallower
outfalls must further consider the proposed outfall's relationship with the
maximum drawdown on lakes Keowee and Jocassee or the CRE needed for any
existing Large Water Intakes used for Public Water Supply, industrial or regional
non -hydroelectric power plant operation on the specific lake. DE -LS will not
normally approve applications for submerged outfalls higher in elevation than five
ft below the maximum drawdown on lakes Keowee and Jocassee or that require
reservoir levels above the existing CRE for the specific lake for full unimpeded
operation of the outfall up to its proposed capacity. Also, DE -LS will not normally
approve expanded or rebuilt submerged outfalls that require higher reservoir
levels for full unimpeded operation than reservoir levels required for the original
outfall.
10. Non -Public Bridges Accessing Privately -Owned Islands — New construction of
non-public bridges that will cross the full pond contour, except those that are
intended to provide access to privately -owned island(s), will not be authorized.
11. Non -Public Bridges, Causeways, and Roadways — New construction of any non-
public bridges (except for access to privately -owned islands), non-public
causeways, non-public roadways (beyond those minimal width driveways
necessary for access to other approved lake use facilities), non-public dams, and
non-public dikes will not be authorized within the FERC Project Boundaries or on
any Duke Energy -owned peripheral strip (Figure 213-3).
12. Bridge Clearance for New Bridges — Any proposed new public or non-public
bridge that will cross the full pond contour in an area considered navigable in the
peak recreation season must have a clearance height at least 12 ft above the full
pond elevation for at least the middle third of its span or 10 ft of width, whichever
is greater.
13. Bridge Clearance for Existing Bridges — Any replacement, expansion, or
realignment of existing bridges must not reduce the existing clearance height
from full pond elevation in areas considered navigable in the peak recreation
season.
14. Dams, Dikes, and Causeways — New construction of any dams, dikes, or
causeways that cut off the backs of Project coves from the rest of the Project
area will not be authorized.
15. Lake Facility Safety Plans — A Lake Facility Safety Plan, where required, must be
developed by the applicant delineating the methods used to secure an area
during construction and warn boaters of any potential public safety or
navigational hazards. Any signage or warning/safety devices necessary for the
safe construction and subsequent operation of proposed facilities/activities must
J-31
be provided and maintained by the applicant and are typically identified in a Lake
Facility Safety Plan.
16. Agency Concurrence with Lake Facility Safety Plans — Where required, a Lake
Facility Safety Plan must be developed by the applicant with the concurrence of
the state wildlife agency and marine commission (where applicable) and
submitted as part of a complete lake use permit application. The safety plan must
include a plan and schedule for installation, maintenance, and inspection of the
warning/safety devices needed for lake user safety, with responsibilities listed
and verified by confirmation letters from the responsible entity(s).
17. Facilities Requiring Lake Facility Safety Plans — As a minimum, Lake Facility
Safety Plans will be required for: (a) all proposed new, expanded, or rebuilt
bridges and causeways that cross the full pond contour in areas that are
considered navigable in the Peak Recreation Season (see Glossary) (i.e., areas
that have at least a 10 -ft wide by 3 -ft deep channel with lake level at its target
summertime elevation); (b) all Large Water Intakes (greater than a 1 MGD
maximum instantaneous capacity); and (c) all submerged effluent outfalls and dry
hydrant intake lines that are exposed at reservoir levels above the Critical
Reservoir Elevation (CRE) on the specific lake or are less than five ft above the
maximum drawdown on lakes Keowee and Jocassee. Applicants for these types
of facilities, as well as any others as may be determined by DE -LS, must submit
a Lake Facility Safety Plan as part of their lake use permit application.
18. Applications for Electricity -Carrying Utility Lines — Applicants for new construction
of electricity -carrying utility lines (both overhead and submarine) will be required
to show in their applications why it is not feasible to redesign the line to: (a)
Remove the line's right-of-way completely from the full pond area (preferred); (b)
Incorporate the line crossing need by expanding an existing line crossing, rather
than creating a new one; or (c) Install the line by using directional boring
techniques. Applicants for expansion/rebuild of existing, electricity -carrying utility
lines will also be required to show in their applications why it is not feasible to
remove the line's right-of-way completely from the full pond area or to incorporate
the line into another existing line crossing. All proposed utility line crossings
must comply with the US Army Corps of Engineers requirements and the then -
current National Electric Safety Code or Pipeline Safety Regulations (as
applicable), and compliance must be certified by a registered land surveyor and a
licensed professional engineer.
19. Overhead Electricity -Carrying Utility Line Prohibitions — Duke Energy will not
authorize:
a. Any construction of new non -Duke Energy overhead, electricity -carrying utility
line crossings whose right-of-way limits would cross existing boat launching /
docking / mooring, parking, or storage facilities within the full pond contour or
Duke Energy -owned public access area.
b. Any expansions or rebuilds of previously approved overhead, electricity -
carrying utility lines whose right-of-way limits would cross existing boat
launching/docking/mooring, parking, or storage facilities unless all of the
following requirements are met:
J-32
1) The line crossing and its right-of-way limits are designed to avoid the
lakebed area used by the boating facilities to the maximum extent
practicable.
2) The line crossing is designed with the higher clearance height as required
by the National Electric Safety Code or US Army Corps of Engineers
requirements for lines crossing boating access facilities.
20. Support Structures for Overhead Electricity -Carrying Utility Lines — Structural
supports and guy wires for overhead, electricity -carrying utility lines must be
located outside the full pond contour to the maximum practicable extent.
21. Wastewater Effluent Discharges in Cut -Off Areas — Unless there is no other
feasible alternative, wastewater effluent lines that discharge directly into cut-off
areas (see Glossary) that were created by dams, dikes, or causeways will not be
authorized.
22. Deadline for Completing Construction — The construction of any facility must be
completed as described in the approved application and within the approved
build -out period (see Glossary). The initial build -out period for conveyance
activities is 18 months from the date of application approval by DE -LS. A one-
year extension may be approved by DE -LS if the applicant files a written request,
prior to expiration of the 18 -month build -out period, detailing what approved
activities have been completed, what approved activities remain to be completed,
and the reason for the delay, along with any applicable fees (including an
extension fee). If during an extension period additional guidelines are imposed,
the remaining construction will be required to comply with the additional
guidelines to the maximum practicable extent. Failure to construct a facility
within the total, approved build -out period with one extension (i.e., 30 months
total) will require the applicant to contact all agencies that issued permits and
document the originally issued permits are still valid or acquire reissued permits
for those that have expired. This will allow the issuance of a second 12 -month
extension (i.e., 42 months total) which will require payment of a second
application filing fee and security deposit, and forfeiture of the original deposit. If
the applicant does not complete all activities within this final 12 -month extension
period, DE -LS will notify the applicant in writing that all approvals have been
withdrawn and reauthorization to complete construction of the facilities will
require re-entry into the application review and approval process (including, as a
minimum, providing a new construction schedule, detailed description of the
facilities to be constructed, and the applicable fees and security deposits), and
such reauthorization may not be granted. Construction will not be allowed to
resume until additional written authorization is received from DE -LS. (Exception:
Public facilities may be eligible for up to two additional, one-year time extensions
not available to other type facilities [total potential build -out period is five and a
half years]. To be eligible, the applicant must show that at least fifty percent of
the remaining proposed facilities were completed during the previously approved
time extension.)
23. Applicant — The applicant must be a natural person; a corporation, partnership, or
a limited liability company (duly formed and registered); or a division of
government, and must be the owner or leaseholder of the tract of land
immediately adjoining the Project Boundaries or Duke Energy -owned peripheral
strip. The lessee/permittee/grantee must be a corporation, partnership, or a
J-33
limited liability company (duly formed and registered); or a division of
government, and must be the owner or leaseholder of the tract of land
immediately adjoining the Project Boundaries or Duke Energy -owned peripheral
strip. DE -LS will hold the adjoining property owner fully responsible for the
permitted lake use (including maintaining structures in good repair). This
responsibility is considered to transfer automatically along with ownership of the
adjoining tract. It is therefore the responsibility of the property owner to ensure
that authorization for the permitted use and any conveyance documents for
facilities within the Project Boundaries or peripheral strip are transferred should
there be a change in ownership of the adjoining tract and/or facility.
(Exception: An easement may be considered as a substantial equity interest in
lieu of fee simple ownership of the adjoining tract where fee simple ownership is
not customary [e.g., for public need projects where the applicant is a public
entity].)
24. Lease/Users' Agreement — All conveyance applicants are required to enter into a
lease, easement, permit, or users' agreement for the FERC Project area that the
facility will occupy.
25. Public Access Areas — Conveyance proposals for non -Project use activities
should generally avoid crossing a Duke Energy -owned public access area. Any
conveyance activity for a non -Project use that crosses a Duke Energy -owned
public access area will have increased permitting requirements and siting
limitations (e.g., crossing location limited to very few areas, future limitations on
expansion).
C. Caution
Authorization Required from Licensee — Adjoining property owners should be
aware that conducting activities within the Project Boundaries of a federally -
licensed hydroelectric project (e.g., Catawba-Wateree and Keowee-Toxaway
Projects) is a privilege that can only be granted with authorization from the
licensee. Duke Energy supports use of the Project lands and waters for a variety
of activities, provided the use meets the regulatory requirements of the license
and protects and enhances the Project's scenic, recreational, cultural, and
environmental values.
2. Protected Areas — There are some areas of the lake where facilities may not be
permitted because of environmental considerations, development patterns,
physical lake characteristics, impacts to cultural resources, or other reasons.
These areas may be identified in the SMP (where applicable).
3. Minimization of Impacts — The permittee must make every reasonable effort to
minimize any adverse impact on fish, wildlife, and other natural resources.
4. Non -Authorized Uses — There are some types of lake uses that cannot be
authorized. Refer to Section 7B for a listing of commonly requested uses that
Duke Energy will not authorize.
5. Non -Conforming Structures — There are existing structures and improvements
permitted by DE -LS, prior to initiating these revised guidelines, which are not
compatible with the requirements as contained herein. These structures may be
maintained although their use does not conform to the enclosed guidelines.
When it becomes necessary to rebuild a previously approved, non -conforming
J-34
structure, the rebuilt structure must comply with the guidelines in effect at the
time of replacement to the maximum practicable extent.
6. Flood Easements — In general, Duke Energy has reserved, on a tract -by -tract
basis, a deeded flood easement extending 10 ft or more vertically above the full
pond elevation contour on all lakes it owns or operates, to accommodate high
water and allow for operational flexibility in severe weather events. Although
these deeded flood easements typically do not prevent construction of dwellings
and other permanent structures, Duke Energy strongly recommends that
adjoining property owners avoid building such permanent structures within flood
easement areas. Buffer regulations must also be considered for any construction
or alteration of vegetation above the full pond contour elevation.
D. Consequences for Violations
1. Penalties — DE -LS representatives will issue Stop -Work Directives for any
violations that are detected within the Project Boundaries of a reservoir.
Consequences for violations will include one or more of the following:
• Unwanted delays;
• Loss of security deposits;
• Suspension or cancellation of approved applications;
• Increases in fees;
• Modification or removal of non -complying structures and restoration of
disturbed areas at the owner's expense; and
• Loss of any consideration for future reservoir use applications.
2. Violation Examples — Examples of specific violations and their applicable
penalties include the following.
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (no existing pier/dock): Restoration with approved
native vegetation. Loss of consideration for lake use permitting activities
for up to five years depending on severity and subject to successful plant
restoration.
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (existing pier/dock): Removal of the pier/dock
from Project property and restoration with approved native vegetation.
Loss of consideration for lake use permitting activities for up to five years
depending on severity and subject to successful plant restoration.
• Unauthorized minor cutting of trees within the vegetated area (see
Section 8) within the Project Boundaries: Restoration as required in the
Vegetation Management Requirements for approved tree removal.
• Refusal to remove an unapproved, dilapidated, or unsafe structure:
Removal of the structure from the Project property by DE -LS. Loss of
consideration for lake use permitting activities until cost of removal, which
includes all removal costs including DE -LS or contractor expenses, landfill
fees, and a fixed management fee of $1,000, is paid.
J-35
• Unauthorized structure built within the Project Boundaries: After -the -fact
application may be accepted if structure conforms to the specific
requirements. Fee will be twice the current permit fee to cover additional
management costs. Non -complying structures will be subject to
modification or removal and restoration of disturbed areas at the owner's
expense.
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J-37
SECTION 3 - EXCAVATION PROGRAM
A. General
DE -LS has developed an Excavation Programmatic Agreement (PA) in consultation with
resource agencies, and the requirements of this PA are incorporated in the Excavation
Program. The Excavation Programmatic Agreement establishes guidance for obtaining
authorization for the removal of soil, sand, silt, or rock materials from within the FERC
Project boundaries of Duke Energy lakes. The Excavation Program does not circumvent
the necessity for the applicant to obtain prior federal (e.g., US Army Corps of Engineers),
state (e.g., NC Dept. of Environment and Natural Resources [NC-DENR], SC Dept. of
Health and Environmental Control [SCDHEC]) and local (e.g., county) approvals as
determined by those agencies for any excavation activities. This program will ensure
compliance with federal, state, and local regulations, including those of the FERC. DE -
LS may issue permits for minor excavation activities such as those required to support
the installation and maintenance of bulkheads, boat launching, and access to docking
facilities, small water intakes, utility lines, or other activities that do not require FERC
approval. Excavation applications require review by the appropriate resource agencies
and some also require FERC approval. Any excavation or shoreline stabilization work
needed to support a FERC application is also subject to FERC approval and will be
included as a component of the primary FERC application. All parties desiring to
excavate within the Project Boundaries must first contact DE -LS and obtain written
authorization prior to beginning work. DE -LS may require the applicant to enter into a
lease/permit or other form of conveyance and sign a user's agreement to ensure that
long-term operation of the facility or use of Project lands and waters does not conflict
with DE -LS objectives. (NOTE FOR ALL NON -PROJECT USE APPLICANTS: Duke
Energy is neither the advocate nor the adversary for non -Project use applications, such
as those for Excavation. The applicant, not DE -LS, is responsible for negotiating the
application process with other permitting and regulatory authorities.)
B. Criteria for an Excavation
1. Special Rulings — Since every possible scenario can not be anticipated, DE -LS
reserve the right to make special rulings in cases not specifically covered by
these guidelines or to prevent violating the intent of the permitting programs.
2. Compliance with Regulations — All excavations must comply with all applicable
local, state, and federal regulations. Also, any necessary governmental permits
or approvals, a FERC order (if applicable), and written authorization from DE -LS
must be obtained by the applicant prior to beginning work within the Project
Boundaries.
3. South Carolina — All excavations in South Carolina, less than 150 cubic yards,
must conform to the requirements of the General Permits issued by the SCDHEC
or the US Army Corps of Engineers, as applicable. Applicants in South Carolina
proposing excavations that are not covered under the General Permit, or are
greater than 150 cubic yards, must receive prior authorization from the SCDHEC
or the US Army Corps of Engineers, as applicable before submitting their
completed application to DE -LS.
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4. Fish Spawning — In both North Carolina and South Carolina, excavation activities
must not occur during the months of March, April, May, and June because of
potential impacts to fish spawning areas.
5. Water Willow Beds — Excavation is not allowed within water willow beds except
as necessary to maintain access to previously approved facilities.
6. 50 -ft Environmental Offset — New excavation activities are not allowed within the
50 -ft Environmental Offset (Figure 3B-1) associated with an Environmental
classification identified in the SMP except as necessary to allow continued
access to a previously approved facility (Figure 313-2).
7. Individual Permit Requirement — The Excavation Programmatic Agreement and
the General Permits in both North Carolina and South Carolina allow Duke
Energy to authorize excavations, provided the applicant notifies the appropriate
agencies and all necessary permits are obtained prior to beginning any
excavation. Applicants should limit their excavation activities where practicable to
meet the requirements of the applicable General Permit and/or the Excavation
Programmatic Agreement; otherwise, an individual permit will have to be
obtained from the proper agency and FERC review may be required.
8. FERC review is required for:
a. All excavations, except for maintenance excavations (see Glossary), that will
exceed 2000 cubic yards of material removed. (Note: All excavation volumes
that the applicant [e.g., developer] proposes to remove as part of a planned
project e.g., an entire subdivision] will be added together for comparison
against this 2000 cubic yard limit to facilitate review of potential cumulative
impacts. If lot purchasers file subsequent excavation application requests,
their requests will be evaluated on an individual basis.)
b. Any excavation activity that is required to support another proposed lake use
request that requires FERC review (e.g., construction of a large marina not
within the scope of the land use article).
9. Placement of Excavated Material — All excavated material must be placed in
upland areas landward of the Project Boundaries and confined to prevent erosion
and sedimentation.
10. Staging of Excavation Work — All excavation work, including equipment setup,
must not encroach into or in front of adjoining property unless specific written
authorization is given by the affected property owner(s) (typically through their
participation as co -applicants). All excavation work must be confined to the
delineated excavation area in front of the applicant's property with the exception
of access channels, which typically run perpendicular to the shoreline within the
nearest one-third of the cove area and/or parallel to the shoreline within the
middle third of the cove area that is controlled by Duke Energy.
11. Best Management Practices for Excavated Materials — All excavated material
must be handled following Best Management Practices as defined by each state
unless special consideration is given in writing by the SCDHEC or the NCDENR-
Division of Land Quality.
12. Double Handling — Double handling of excavated material within the full pond
elevation contour will not be allowed. Therefore, all excavated material must be
placed above the full pond elevation contour in one handling unless the spoil
J-39
material is loaded in a barge for transport outside the Project Boundaries. Barge -
loaded spoil must be directly off-loaded outside the full pond elevation contour
and cannot be loaded into transport equipment (e.g., trucks, conveyors) within
the full pond elevation contour.
13. Erosion and Sedimentation Control — All excavated material and disturbed
shoreline must be stabilized to prevent erosion and runoff into the lake.
14. Minimization of Disturbance — Applicants must excavate and disturb only what is
absolutely necessary to achieve the excavation projects stated purpose (Figures
3B-3 through 3B-5).
15. Unauthorized Excavation Activities — Excavation permits will not be issued for the
following activities:
a. Channeling to create additional shoreline or any other excavation that would
alter the Project Boundaries or full pond elevation contour;
b. Any excavation that would impact threatened or endangered species, historic
properties, or environmentally important areas;
c. Excavation activities not associated with maintaining access to an existing
permitted facility or a proposed facility for which the owner has submitted an
application and received written approval from DE -LS for its construction; and
d. Excavation activities that support a new marina facility (i.e., within five years
of DE -LS approval) if excavation was not part of the original application
(Note: Areas with characteristics listed under item b above may be identified in
the SMP [where applicable]. Also note that certain public need projects
undertaken by public entities may not have another practicable alternative, and
therefore may have some unavoidable impacts on the lake's scenic,
environmental, and cultural values. Such public need projects may be allowable,
provided the applicant can develop an adequate mitigation plan.)
16. Sand Mining — Sand mining operations within the Project Boundaries, usually on
headwater portions of the reservoir, may be authorized in accordance with the
Excavation and Conveyance Program guidelines to the maximum practicable
extent. Operations outside the Project Boundaries on Duke Energy property will
have to be authorized with concurrence of Duke Energy's Real Estate
Department.
17. Return Water — Return water associated with hydraulic excavation must re-enter
the lake in the same general vicinity and cove as the excavation, to the maximum
practicable extent.
18. Access Channels Side Slopes — Access channels and boat basins must have
side slopes excavated to a slope of 3 to 1, except where safety requirements
may dictate a flatter slope.
19. Size of Access Channels and Boat Basins — Access channels and boat basins
shall not extend beyond one-half the cove width in cove areas where the
opposing shoreline is classified as Environmental (including 50 -ft Environmental
Offsets) in the SMP.
20. Explosives — The use of explosives within the Project Boundaries supporting
excavation activities will be allowed for public need projects where the applicant
is usually a public entity (e.g., municipality, state transportation department, utility
1 M1
line owner supporting a regional public need) and there is no other practicable
alternative. The limited use of explosives may also be allowed to facilitate
removal of man-made structures (e.g., bridge pilings, intake structures), provided
their use can be substantiated based on need rather than preference and the use
adheres to all local, state, and federal regulations. DE -LS must be provided the
appropriate documentation to ensure compliance with all regulations prior to the
use of any explosives. Any other uses of explosives to excavate within the
Project Boundaries will not be authorized.
21. Deadline for Completing Excavations — All excavations must be completed as
described in the approved application and within 18 months following the date of
application approval by DE -LS. The only potential exception to this is for
excavations that are necessary for construction of large facilities (e.g., large
marinas, large water intakes) where the facility application schedule allows for a
longer time period. A single 12 -month extension may be considered if the
applicant files a written request with DE -LS, prior to expiration of the 18 -month
application approval, explaining why the additional time is needed. If during an
extension period additional guidelines are imposed, the excavation will be
required to comply with the additional guidelines to the maximum extent
practicable.
22. Applicant as Owner/Leaseholder — The applicant must be the owner or
leaseholder of the tract of land immediately adjoining the Project Boundaries or
Duke Energy -owned peripheral strip. If the applicant is not claiming to be the
owner or leaseholder of said property, then written authorization from the
owner(s) and proof of title to the property must be provided to carry out the
proposal within the Project Boundaries adjacent to their land. DE -LS will hold the
applicant and/or the land owner fully responsible for the permitted lake use. This
responsibility will run with the land and will transfer automatically along with
changes in ownership and/or leases of the adjoining tract.
23. Review of Associated Applications — In a development proposed to provide
Residential Marina access, the developer must submit a complete application
and receive written confirmation from DE -LS that the application has been
submitted to Duke Energy's Law Department for preparation in filing with the
FERC (if applicable); or a copy of the homeowner's covenants and the final
recorded subdivision plat, approved by the county or local jurisdiction's planning
and zoning office, must be submitted acknowledging the location of the planned
facilities prior to DE -LS reviewing applications for lake use activities under the
Private Facilities, Excavation, Miscellaneous Reservoir Uses and Shoreline
Stabilization programs.
24. Excavation Contract — A copy of the contract between the applicant and the
excavation contractor must be provided with the completed Excavation Program
Application Form.
C. Caution
Authorization Required from Licensee — Adjoining property owners should be
aware that conducting activities within the Project Boundaries of a federally
licensed hydroelectric project (e.g., Catawba-Wateree and Keowee-Toxaway
Projects) is a privilege that can only be granted with authorization from the
Licensee. Duke Energy supports use of the Project lands and waters for a
J-41
variety of activities, provided the use meets the regulatory requirements of the
license and protects and enhances the Project's scenic, recreational, cultural,
and environmental values.
2. Protected Areas — There are some areas of the lake where facilities may not be
permitted because of environmental considerations, development patterns,
physical lake characteristics, impacts to cultural resources, or other reasons.
These areas may be identified in the SMP (where applicable).
3. Minimization of Impacts — The permittee must make every reasonable effort to
minimize any adverse impact on fish, wildlife, and other natural resources.
4. Non -Authorized Uses — There are some types of lake uses that cannot be
authorized. Refer to Section 7B for a listing of commonly requested uses that
Duke Energy will not authorize.
5. Non -Conforming Structures — There are existing structures and improvements
permitted by DE -LS, prior to initiating these revised guidelines, which are not
compatible with the requirements as contained herein. These structures may be
maintained although their use does not conform to the enclosed guidelines.
When it becomes necessary to rebuild (see Glossary definition of Facility
Rebuild) a previously approved, non -conforming structure, the rebuilt structure
must comply with the guidelines in effect at the time of replacement to the
maximum practicable extent.
6. Flood Easements — In general, Duke Energy has reserved, on a tract -by -tract
basis, a deeded flood easement extending 10 ft or more vertically above the full
pond elevation contour on all lakes it owns or operates, to accommodate high
water and allow for operational flexibility in severe weather events. Although
these deeded flood easements typically do not prevent construction of dwellings
and other permanent structures, Duke Energy strongly recommends that
adjoining property owners avoid building such permanent structures within flood
easement areas. Buffer regulations must also be considered for any construction
or alteration of vegetation above the full pond contour elevation.
D. Consequences for Violations
Penalties — DE -LS representatives will issue Stop -Work Directives for any
violations that are detected within the Project Boundaries of a reservoir.
Consequences for violations will include one or more of the following:
• Unwanted delays;
• Loss of security deposits;
• Suspension or cancellation of approved applications;
• Increases in fees;
• Modification or removal of non -complying structures and restoration of
disturbed areas at the owner's expense; and
• Loss of any consideration for future reservoir use applications.
J - 42
2. Violation Examples — Examples of specific violations and their applicable
penalties include the following:
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (no existing pier/dock): Restoration with approved
native vegetation. Loss of consideration for lake use permitting activities
for up to five years depending on severity and subject to successful plant
restoration.
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (existing pier/dock): Removal of the pier/dock
from Project property and restoration with approved native vegetation.
Loss of consideration for lake use permitting activities for up to five years
depending on severity and subject to successful plant restoration.
• Unauthorized minor cutting of trees within the vegetated area (see
Section 8) within the Project Boundaries: Restoration as required in the
Vegetation Management Requirements for approved tree removal.
• Refusal to remove an unapproved, dilapidated, or unsafe structure:
Removal of the structure from the Project property by DE -LS. Loss of
consideration for lake use permitting activities until cost of removal, which
includes all removal costs including DE -LS or contractor expenses, landfill
fees, and a fixed management fee of $1,000, is paid.
• Unauthorized structure built within the Project Boundaries: After -the -fact
application may be accepted if structure conforms to the specific
requirements. Fee will be twice the current permit fee to cover additional
management costs. Non -complying structures will be subject to
modification or removal and restoration of disturbed areas at the owner's
expense.
J-43
SECTION 4 - PRIVATE FACILITIES PROGRAM
A. General
All parties desiring to construct an individual private facility or Common -Use Facility must
first contact DE -LS and obtain written authorization from DE -LS prior to beginning any
activity/construction within the Project Boundaries or on Duke Energy property. All
facilities must be constructed from the applicant's deeded or leased project -front lot for
the purpose of providing private access for the owner or leaseholder of the project -front
property. Facilities supporting multi -family type homes or owners of lots that do not have
project frontage must be handled through the Marina Facilities Program. DE -LS may
require the applicant to enter into a lease or other form of conveyance and sign a user's
agreement to ensure that long-term operation of the facility or use of Project lands and
waters does not conflict with DE -LS objectives. (NOTE FOR ALL NON -PROJECT USE
APPLICANTS: Duke Energy is neither the advocate nor the adversary for non -Project
use applications, such as Private Facility applications. The applicant, not DE -LS, is
responsible for negotiating the application process with other permitting and regulatory
authorities.)
B. Criteria for Private Facilities
1. Special Rulings — Since every possible scenario can not be anticipated, DE -LS
reserves the right to make special rulings in cases not specifically covered by
these guidelines or to prevent violating the intent of the permitting programs.
2. Projection of Property Lines — For new, expanded, or rebuilt facilities, property
lines will be projected by DE -LS by extending an imaginary line perpendicular to
the Project Boundaries at each property corner. These projected lines are
determined by bisecting the angle formed by the two lakefront property lines that
intersect at each property corner. Additionally, facilities must be situated or
constructed in size, dimension, or design such that an average -size moored
watercraft will not interfere with access to other facilities and not obstruct ingress
and egress of watercraft or extend across projected property lines. On reservoirs
with local ordinances that dictate property line projections utilizing a different
methodology, DE -LS will accept projection in accordance with local regulations
with enforcement being the responsibility of the governing entity. Unless the
necessary written release is received from the adjoining property owner, no part
of the proposed private facility (including anchoring systems) or moored
watercraft may cross the property lines as projected (Figure 413-1). (Note: Pier
Zones are planning tools used in some developments, but their use does not
supersede requirements of the DE -LS SMG, the General Permits in South
Carolina, or county or local jurisdiction's requirements in either North Carolina or
South Carolina.)
3. Term of Encroachment Agreements — Written release to encroach across a
projected property line remains valid for the life of the permit. If a permit is
authorized with a written release but is not constructed during the 12 -month
build -out, and ownership of the property being encroached upon changes, then
authorization from the new owner will be required as part of the issuance of a
new permit.
J - 44
4. Facility Criteria — DE -LS, in its sole discretion, will determine if facilities (even
those assigned hull identification numbers or registration numbers) moored or
permanently attached to a structure are considered within the criteria of the
Private or Marina facilities programs.
5. Compliance with Regulations — All facilities must comply with all applicable local,
state, and federal regulations. Also, the applicant, prior to beginning any
activity/construction within the Project Boundaries, must obtain all necessary
governmental permits or approvals and written authorization from DE -LS.
6. Maneuvering Area — New or expanded Private Facilities must provide a clear
maneuvering area of at least 25 ft between the farthermost portion of the facility
(including any moored watercraft) and the opposite shoreline measured at full
pond or any existing permitted facility located along the opposite shoreline.
Additionally, no new or expanded Private Facilities will be authorized in cove
areas less than 25 ft wide (Figure 4B-2).
7. 50 -ft Environmental Offset — New or expanded Private Facilities may not be
constructed within the 50 -ft Environmental Offset (Figure 4B-3) associated with
an Environmental classification identified in the SMP unless the permitted facility
currently exists within the offset.
8. Water Willow Beds — Applicants are encouraged to avoid activities that could
have an adverse impact upon existing water willow beds. Unavoidable impacts
should be confined to the sides of water willow beds to minimize disruption of
their function as shallow water fish habitat. No floating structures or other
extraneous facilities (e.g., gazebos, decks) may be constructed over water willow
beds. The width of walkways over water willow beds will be limited to less than
three feet. Removal of water willow for continued lake access may be allowed
but only for the specific and limited area necessary.
9. Length of Facilities — New, expanded, or rebuilt facilities or mooring buoys shall
not extend more than one-third the distance to the opposite shoreline as
measured from full pond or extend more than 120 ft lakeward of the full pond,
whichever is more limiting (Figure 1 B-3). Additionally, facilities must be situated
or constructed in size, dimension, or design such that an average -size moored
watercraft will not interfere with access to other facilities and not obstruct ingress
and egress of watercraft.
10. Flotation Materials — Flotation for all facilities and boat mooring buoys shall be of
materials manufactured for marine use. Materials must not lose significant
buoyancy if punctured, must not generally be subject to damage by animals, and
must resist breaking apart under a broad range of wave energies. Uncoated,
beaded polystyrene will not be permitted for any new construction or as
replacement for existing facilities. Reuse of plastic, metal, or other previously
used drums or containers for encasement or flotation purposes is prohibited.
Existing flotation on previously approved structures is authorized until it has
severely deteriorated and is no longer serviceable, at which time it must be
replaced with approved flotation.
11. Reflectors — Reflectors or reflective tape must be placed and maintained by the
applicant on the two furthermost corners of the structure that extend into the
water and placed along the sides of the structure from the end back toward the
shore.
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12. Lighting — Low-pressure sodium lights with time or motion sensors to turn lights
off when not needed are preferred. All outdoor fixtures should be fully shielded
and installed in such a way that light is not emitted above the lowest part of the
fixture. Incandescent lights should be well -shielded, low -wattage lamps that
include time or motion sensors to turn lights off when not needed.
13. Minimum Elevation of Decking — All fixed pier decking (not including handrails)
must be at least one foot above the full pond elevation. Small stair -stepped
landings may be constructed on the sides of stationary piers to facilitate boat
entry.
14. Enclosure of Facilities — The sides of gazebos, boat shelters, and covered boat
slips are not to be enclosed. This includes, but is not limited, to siding and
latticework. The bottom portion of gazebos may be enclosed, provided the
gazebo is not the furthermost portion of the pier structure. Handrails may be put
on for safety, but must not be enclosed.
15. Storage Closet / Locker — Covered boat slips and boat shelters may have one 4
ft by 6 ft (or smaller) enclosed storage closet/locker on one of the corners of the
structure closest to shore. (Note: This construction must be noted in the
application.)
16. Roofs — Canopy roofs are permitted provided the sides are not enclosed. The
canopy must not block cross vision any more than a standard pitched roof.
17. Boat Covers — Boat covers (see Glossary) may be permitted provided the
following:
a. The fabric and frame are the same dimensions as the watercraft;
b. The roof, if a stand-alone structure, is not flat and does not exceed 12 ft in
height as measured from the top of the roof to full pond;
c. The device, if free-standing, does not allow the entire facility to exceed the
total square footage limitations for an Individual Private Facility; and
d. There are no storage compartments placed under boat covers.
18. Liquid and Solid Waste Facilities — Structures built within the Project Boundaries
must not contain sinks, toilets, showers, spigots, or any other type of device,
which could cause any liquid or solid waste to be discharged into the lake.
(Exception: Water supply lines supporting approved pump -out facilities are
exempted from this requirement.)
19. Houseboats — Watercraft used for habitation shall not be permanently moored at
private docks. Permanent mooring must be at marinas that provide pump -out
facilities for marine sanitation devices. A watercraft is considered habitable if any
of the following exists:
a. Sleeping overnight on the boat for two or more consecutive nights;
b. Staying on, around, or within the moored boat for periods exceeding 24
continuous hours;
c. Hardwiring electric power or hard piping plumbing to the boat; or
d. Establishing a mailing address for the boat.
11W.M.
20. Boat Ramps — DE -LS will no longer allow the construction of boat ramps for
individual private use.
21. Covered Boat Slips — No covered boat slips, boat covers, or boat shelters (see
Glossary) will be allowed at Common -Use Facilities with more than two slips.
22. Common -Use Facilities — Common -Use Facilities with three or more slips are not
eligible for mooring additional watercraft including PWCs.
23. Maximum Size — Maximum allowed slips and surface areas are as follows:
Facility
Number of Slips or Hoists
Maximum Allowed
Square Footage (sq. ft)
Individual Private
2 or less*
1,000
Common Use
2 or less*
1,000
Common Use
3 - 8
1,000
Common Use
9-10
1,200
Common Use
> 10
N/A**
A total of two PWC mooring devices are allowed in addition to this maximum.
** Common -Use Facilities that serve a development and are greater than 10 slips are
considered Residential Marina Facilities under the Commercial Marina Facilities Program and must
be filed with the FERC.
24. Facilities per Project -Front Lot — Unless DE -LS permitted the facility before June
1, 1996, no more than one pier/dock or one Common Use boat slip per project -
front lot will be considered for approval. Ownership/interest in a Common -Use
Facility that is provided as part of a master -planned development eliminates the
option of having a separate facility at the lot attributed a slip in a Common -Use
Facility. An individual property owner that is assigned a slip in a Common -Use
Facility that is part of a master -planned development may not transition out of the
common use arrangement and construct a pier from their property.
25. Converting from a Common -Use Facility — Individual property owners who have
ownership/interest in a Common -Use Facility that is not a part of a master -
planned development may transition out of the common use arrangement and
construct a pier from their own project -front property only if the remaining
Common -Use Facility can comply with the guidelines in effect at the time of
transition. If modifications are required of the Common -Use Facility, then
construction of the Private Facility from an individual project -front lot will not be
allowed until the modifications to the Common -Use Facility are complete.
26. Two -Story Structures — Decks, gazebos, covered boat slips, and boat shelters
must be single -story structures. They may be roofed and designed to allow
second story use (e.g., sundeck); however, the second story must not be roofed
creating a two-story roofed structure.
27. Non -Conforming Structures — Facilities permitted under previous guidelines that
exceed the current maximum allowable square footage will not be allowed to
have any additions made to the existing facility including, but not limited to,
adding roofs or decks above any existing portion of the facility.
28. Pilings and Uncovered Boat Hoists — Pilings and uncovered boat hoists
constructed alongside a facility do not typically count towards the maximum
J - 47
square footage but they are considered facility expansions and must meet all
other permitting requirements (e.g., maximum number of watercraft, applicable
property line projections, and length restrictions).
29. Deadline for Completing Construction — The construction of any facility must be
completed as described in the approved application within 12 months following
the date of application approval by DE -LS. Failure to complete construction
within the 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.
30. Applicant — The applicant for a lake use permit must be the owner or the
leaseholder of the tract of land immediately adjoining the Project Boundaries or
the Duke Energy -owned peripheral strip. The applicant and subsequent
permittee is fully responsible for the permitted lake use including maintaining
structures in good repair.
31. Permit Transfer — The responsibilities associated with the lake use permit shall
transfer to any new owners or leaseholders of the adjoining land. Duke Energy
will transfer the permit at no cost to the new owner or leaseholder, provided
either the existing facility meets the current SMG or was permitted by DE -LS
prior to the effective date of these revised SMG. To initiate the transfer, the new
owner or leaseholder must contact DE -LS and sign both the transferred permit
and the "User's Agreement Letter". DE -LS will approve the transfer after
determining the facility meets the criteria for approval.
32. Minimum Shoreline Requirement — A lot having less than 100 ft of shoreline (as
measured along the Project Boundaries) that is suitable for Residential use in the
SMP will not be considered for a pier or common -use slip unless it was
subdivided and recorded prior to September 1, 2006. (Note: In the case of lots
subdivided and recorded prior to September 1, 2006, the applicant may be
allowed to construct up to 10 square ft of pier for every linear foot of developable
shoreline so long as the lot has at least 75 linear ft of shoreline. Lots subdivided
and recorded before June 1, 1996, that have less than 75 ft of shoreline are also
eligible for 10 square ft of pier for every linear foot of developable shoreline.)
(Note: The 50 -ft Environmental Offset may count in the determination of total
shoreline footage eligibility requirements needed for a pier, but it may not be built
on and must be left undisturbed.)
33. Private Facilities In Lease Areas — Private Facilities will not be authorized within
areas leased or under a use agreement for Marina Facilities.
34. Electric Utility Line Rights -of -Way — Duke Energy will not authorize lake use
permits associated with the new construction or expansion of boat
launching/docking/mooring facilities that extend into a power line right-of-way
containing existing or planned overhead lines.
35. Boardwalks — Boardwalks in the backs of coves are not allowed within the full
pond contour. Boardwalks within the Project Boundaries that extend into any
regulated buffer area (e.g., Catawba River Basin Permanent Riparian Buffer
Protection Rules [15A NCAC 28.0243]) may only be authorized if the facility is for
a single private project -front lot and so long as there is no violation of any
applicable buffer regulations. That portion of the facility that extends into the
Project Boundaries will be included in the maximum square footage calculation
and is limited to a maximum width along the Project Boundaries of 25 ft.
36. Relocation and Reconfiguration — Relocation or reconfiguration of an existing
facility is considered new construction, and the guidelines in effect at the time of
the proposed relocation or reconfiguration will apply.
37. Rebuilds of Multiple -Slip Facilities — Existing multiple -slip facilities, originally
approved under the Private Facilities Program (i.e., community use piers), may
be rebuilt under the Marina Facilities Program as a Residential Marina Facility,
although its use does not conform to the existing guidelines or shoreline
classification. As a general rule, applications for rebuilds (see Glossary to note
difference from Facility Expansion) of these existing multiple -slip private facilities
are subject to the same permitting criteria and review processes as new Marina
Facilities. (Note: Such applications will need to be reviewed by all the required
consulting agencies, since their original approval was not reviewed and they will
now involve conveyance by lease/user's agreement/permit of Project property.)
The following may be considered:
a. Waiver of the 200 -ft setback requirement, provided that the existing structure
was initially approved before January 31, 1994, and the rebuilt structure does
not further reduce the setback provided.
b. Waiver of the minimum lease%asement area requirements (see Glossary)
where there would be unavoidable impacts to existing permitted structures.
c. Waiver of the requirement that there be 100 ft of developable shoreline, as
defined in the SMP for private facilities or Marina Facilities, for each slip in the
facility.
(Note: Existing facilities that exceed 120 ft in length or the one-third cove width
limitation must be rebuilt to meet these criteria to be considered for waivers a—c. )
38. Residential Marinas — In a development proposed to provide both private piers
and Residential Marina access, see also the criteria associated with the Marina
Program located in Section 1.
C. Caution
Authorization Required from Licensee — Adjoining property owners should be
aware that conducting activities within the Project Boundaries of a federally -
licensed hydroelectric project (e.g., Catawba-Wateree and Keowee-Toxaway
Projects) is a privilege that can only be granted with authorization from the
Licensee. Duke Energy supports use of the Project lands and waters for a
variety of activities, provided the use meets the regulatory requirements of the
license and protects and enhances the Project's scenic, recreational, cultural,
and environmental values.
2. Protected Areas — There are some areas of the lake where facilities may not be
permitted because of environmental considerations, development patterns,
physical lake characteristics, impacts to cultural resources, or other reasons.
These areas may be identified in the SMP (where applicable).
3. Minimization of Impacts — The permittee must make every reasonable effort to
minimize any adverse impact on fish, wildlife, and other natural resources.
4. Non -Authorized Uses — There are some types of lake uses that cannot be
authorized. Refer to Section 7B for a listing of commonly requested uses that
Duke Energy will not authorize.
5. Non -Conforming Structures — There are existing structures and improvements
permitted by DE -LS, prior to initiating these revised guidelines, which are not
compatible with the requirements as contained herein. These structures may be
maintained although their use does not conform to the enclosed guidelines.
When it becomes necessary to rebuild (see Glossary definition of Facility
Rebuild) a previously approved, non -conforming structure, the rebuilt structure
must comply with the guidelines in effect at the time of replacement to the
maximum practicable extent.
6. Flood Easements — In general, Duke Energy has reserved, on a tract -by -tract
basis, a deeded flood easement extending 10 ft or more vertically above the full
pond elevation contour on all lakes it owns or operates, to accommodate high
water and allow for operational flexibility in severe weather events. Although
these deeded flood easements typically do not prevent construction of dwellings
and other permanent structures, Duke Energy strongly recommends that
adjoining property owners avoid building such permanent structures within flood
easement areas. Buffer regulations must also be considered for any construction
or alteration of vegetation above the full pond contour elevation.
D. Consequences for Violations
Penalties — DE -LS representatives will issue Stop -Work Directives for any
violations that are detected within the Project Boundaries of a reservoir.
Consequences for violations will include one or more of the following:
• Unwanted delays;
• Loss of security deposits;
• Suspension or cancellation of approved applications;
• Increases in fees;
• Modification or removal of non -complying structures and restoration of
disturbed areas at the owner's expense; and
• Loss of any consideration for future reservoir use applications.
2. Violation Examples — Examples of specific violations and their applicable
penalties include the following.
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (no existing pier/dock): Restoration with approved
native vegetation. Loss of consideration for lake use permitting activities
for up to five years depending on severity and subject to successful plant
restoration.
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (existing pier/dock): Removal of the pier/dock
from Project property and restoration with approved native vegetation.
Loss of consideration for lake use permitting activities for up to five years
depending on severity and subject to successful plant restoration.
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• Unauthorized minor cutting of trees within the vegetated area (see
Section 8) within the Project Boundaries: Restoration as required in the
Vegetation Management Requirements for approved tree removal.
• Refusal to remove an unapproved, dilapidated, or unsafe structure:
Removal of the structure from the Project property by DE -LS. Loss of
consideration for lake use permitting activities until cost of removal, which
includes all removal costs including DE -LS or contractor expenses, landfill
fees, and a set management fee of $1,000, is paid.
• Unauthorized structure built within the Project Boundaries: After -the -fact
application may be accepted if structure conforms to the specific
requirements. Fee will be twice the current permit fee to cover additional
management costs. Non -complying structures will be subject to
modification or removal and restoration of disturbed areas at the owner's
expense.
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SECTION 5 - SHORELINE STABILIZATION PROGRAM
A. General
All parties desiring to stabilize shoreline or plant shoreline or aquatic vegetation must
first contact DE -LS and obtain written authorization prior to beginning any
activity/construction inside the Project Boundaries or on Duke Energy property.
Shoreline stabilization is encouraged to control soil erosion in high-energy areas.
Applicants are encouraged to use bioengineering techniques and landscape plantings
before using rip -rap. Seawalls should be the last option for shoreline stabilization. In
certain areas, an engineering justification may be required for the use of seawalls (see
Figure 5A-1 for Shoreline Stabilization Technique Selection Process). DE -LS may
require the applicant to enter into a lease or other form of conveyance and sign a user's
agreement to ensure that long-term operation of the facility or use of Project lands and
waters does not conflict with DE -LS objectives. (NOTE FOR ALL NON -PROJECT USE
APPLICANTS: Duke Energy is neither the advocate nor the adversary for non -Project
use applications, such as Shoreline Stabilization. The applicant, not DE -LS, is
responsible for negotiating the application process with other permitting and regulatory
authorities.)
B. Criteria for Shoreline Stabilization
1. Special Rulings — Since every possible scenario can not be anticipated, DE -LS
reserves the right to make special rulings in cases not specifically covered by
these guidelines or to prevent violating the intent of the permitting programs.
2. Projection of Property Lines — Property lines will be projected by DE -LS by
extending an imaginary line perpendicular to the Project Boundaries at each
property corner. These projected lines are determined by bisecting the angle
formed by the two lakefront property lines that intersect at each property corner.
On reservoirs with local ordinances that dictate property line projections utilizing
a different methodology, DE -LS will accept projection in accordance with local
regulations with enforcement being the responsibility of the governing entity.
Unless the necessary written release is received from the adjoining property
owner, no part of the proposed shoreline stabilization (including anchoring
systems) may cross the property lines as projected (Figure 4B-1). (Note: Pier
Zones are planning tools used in some developments, but their use does not
supersede requirements of the DE -LS SMG, the General Permits in South
Carolina, or county or local jurisdiction's requirements in either North Carolina or
South Carolina.)
3. Compliance with Regulations — All stabilization must comply with all local, state,
and federal regulations. Also, prior to beginning any activity/construction within
the Project Boundaries, the applicant must obtain all necessary governmental
permits or approvals, and written authorization from DE -LS, especially for any
stabilization activities associated with water willow beds.
4. Clearing to Support Stabilization Projects — Minimal clearing within the Project
Boundaries is allowed to create corridors for equipment access for stabilization
projects. Access corridors should be incorporated into permanent pier/dock
access corridors (i.e., footpaths) where practical. Native vegetation removed to
J-52
accommodate construction access for shoreline stabilization shall be replaced in
accordance with the Vegetation Management Requirements with native
vegetation of a similar species or type.
5. Water Willow Beds — Applicants are encouraged to avoid activities (including
stabilization) that could have an adverse impact upon existing water willow beds.
Bioengineering is a preferred shoreline stabilization technique and is
encouraged, especially in eroded areas associated with water willow beds.
Shoreline stabilization activities are limited to the eroded bank and any
unavoidable impacts to existing water willow beds, as a result of stabilization
installation, require replanting water willow in the impacted area(s). Rip -rap
installed below the normal lake level elevation and associated with water willow
beds must be limited to one layer deep to allow spaces between the stone for
water willow recruitment. Removal of water willow for continued lake access may
be allowed, but only for the specific and limited area necessary. Removal of
water willow by means of chemical application can only be conducted in
accordance with state and federal pesticide application regulations.
6. Rip -Rap Use with Bulkheads — A layer of rip -rap (Class B or larger) extending six
feet lakeward from full pond must be placed along the entire base of all
bulkheads (except for loosely stacked, dry -stacked boulder walls). The six foot
requirement for steep slopes is measured vertically. For more gradual slopes
where the vertical measurement would prove impractical, a horizontal measure
may be used (Figure 5B-2).
7. Bioengineering Vegetation — The types of plantings used in bioengineering and
landscape -planting projects should be native to North Carolina and South
Carolina, and must be reviewed and approved by DE -LS prior to introduction.
8. Seawalls — Seawalls are not allowed in areas with an average eroded bank
height of less than three feet.
9. Bioengineering — Proposals for stabilization where the eroded bank height is less
than two ft may use approved bioengineering technique and enhanced rip -rap
technique only (see Figure 5B-3 for example of acceptable enhanced rip -rap
technique).
10. Length of Shoreline to be Stabilized — An individual permit from the SCDHEC for
activities in South Carolina and the US Army Corps of Engineers for activities in
North Carolina is required for stabilization that exceeds 500 linear ft of shoreline.
Multiple applications for less than 500 ft of stabilization activities on a parcel
exceeding 500 linear ft will not be accepted within a five year timeframe.
11. Stabilization of Banks Three Ft or Higher — Stabilization of eroded banks that are
three ft in height or higher or that are not associated with water willow beds must
include Class B or larger size rip -rap with filter cloth and/or significant live
staking, planting, or other forms of bioengineering within the rip -rap.
12. Bank Reshaping — Stabilization of eroded banks that are three feet in height or
higher may be considered for bank reshape by either cut or fill techniques,
provided the following:
a. The stabilized bank uses a combination of rip -rap (not installed any higher
than one foot above full pond) and bioengineering techniques;
J-53
b. The cut or filled area, above the height of the rip -rap, is stabilized using
vegetation in density and composition similar to other naturally vegetated
areas in the vicinity of the stabilized shoreline;
c. The toe of the rip -rap is vegetated if the lower limit of the rock provides a
stable beach -shelf at an elevation two to four feet below full pond elevation;
d. The work can be conducted in accordance with all applicable buffer
regulations; and
e. The amount of cut or fill does not substantially alter the full pond contour, is
strictly limited to only that necessary to provide a stable angle for rip -rap and
revegetation, and is specifically quantified in the written authorization from
DE -LS for the project.
13. Timeframe for Stabilization — No stabilization is allowed from March 1 through
June 30 in areas identified as Impact Minimization Zones in Duke Energy's SMP.
14. Impact Minimization Zones — Stabilization in Impact Minimization Zones requires
review and approval by the applicable state wildlife agency. Mitigation may be
required on a case -specific basis by the wildlife agency.
15. 50 -ft Environmental Offset — New or expanded stabilization activities (excluding
bioengineering) may not be undertaken within the 50 -ft Environmental Offset
(Figure 513-4) associated with an Environmental classification identified in the
SMP.
16. Materials — Tires, scrap metal, crushed block, construction/demolition debris, or
other types of material that are not aesthetically acceptable are not allowed for
stabilization.
17. Rip -rap — Rip -rap use should be limited to only that necessary to adequately
stabilize the existing eroded bank. Rip -rap must be confined to the area between
six feet below the full pond elevation and full pond elevation except where the
entire placement is above the FERC Project Boundaries or where severely
eroded banks must be sloped back or terraced to provide minimum bank stability
and where permissible based on any local or state buffer requirements.
18. Deadline for Completing Construction — The construction of any facility must be
completed as described in the approved application within 12 months from the
date of application approval by DE -LS. Failure to complete construction within
this 12 -month 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.
19. Applicant — The applicant must be the owner or leaseholder of the tract of land
immediately adjoining the Project Boundaries or Duke Energy -owned peripheral
strip, or have the written permission of the underlying property owner on water
rights tracts (i.e., Duke Energy only has a flowage easement). DE -LS will hold
the applicant fully responsible for ongoing adherence to the SMG and all
activities associated with the permitted use (including maintaining structures in
good repair). This responsibility runs with the land and transfers automatically to
any subsequent owners or lessees of the adjoining land.
20. Review of Associated Applications — In a development proposed to provide
Residential Marina access, the developer must submit a complete application
and receive written confirmation from DE -LS that the application has been
J-54
submitted to Duke Energy's Law Department for preparation in filing with the
FERC (if applicable), or a copy of the homeowner's covenants and the final
recorded subdivision plat, approved by the county or local jurisdiction's planning
and zoning office, must be submitted acknowledging the location of the planned
facilities prior to DE -LS reviewing applications for lake use activities under the
Private Facilities, Excavation Miscellaneous Reservoir Uses and Shoreline
Stabilization programs.
C. Caution
Authorization Required from Licensee — Adjoining property owners should be
aware that conducting activities within the Project Boundaries of a federally -
licensed hydroelectric project (e.g., Catawba-Wateree and Keowee-Toxaway
Projects) is a privilege that can only be granted with authorization from the
Licensee. Duke Energy supports use of the Project lands and waters for a
variety of activities, provided the use meets the regulatory requirements of the
license and protects and enhances the Project's scenic, recreational, cultural,
and environmental values.
2. Protected Areas — There are some areas of the lake where facilities may not be
permitted because of environmental considerations, development patterns,
physical lake characteristics, impacts to cultural resources, or other reasons.
These areas may be identified in the SMP (where applicable).
3. Minimization of Impacts — The permittee must make every reasonable effort to
minimize any adverse impact on fish, wildlife, and other natural resources.
4. Non -Authorized Uses — There are some types of lake uses that cannot be
authorized. Refer to Section 713 for a listing of commonly requested uses that
Duke Energy will not authorize.
5. Non -Conforming Structures — There are existing structures and improvements
permitted by DE -LS prior to initiating these revised guidelines, which are not
consistent with the requirements as contained herein. These structures may be
maintained although their use does not conform to the current guidelines. When
it becomes necessary to rebuild (see Glossary definition of Facility Rebuild) a
previously approved, non -conforming structure, the rebuilt structure must comply
with the guidelines in effect at the time of replacement to the maximum
practicable extent.
6. Flood Easements — In general, Duke Energy has reserved, on a tract -by -tract
basis, a deeded flood easement extending 10 ft or more vertically above the full
pond elevation contour on all lakes it owns or operates, to accommodate high
water and allow for operational flexibility in severe weather events. Although
these deeded flood easements typically do not prevent construction of dwellings
and other permanent structures, Duke Energy strongly recommends that
adjoining property owners avoid building such permanent structures within flood
easement areas. Buffer regulations must also be considered for any construction
or alteration of vegetation above the full pond contour elevation.
D. Consequences for Violations
Penalties — DE -LS representatives will issue Stop -Work Directives for any
violations that are detected within the Project Boundaries of a reservoir.
Consequences for violations will include one or more of the following:
J-55
• Unwanted delays;
• Loss of security deposits;
• Suspension or cancellation of approved applications;
• Increases in fees;
• Modification or removal of non -complying structures and restoration of
disturbed areas at the owner's expense; and
• Loss of any consideration for future reservoir use applications.
2. Violation Examples — Examples of specific violations and their applicable
penalties include the following:
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (no existing pier/dock): Restoration with approved
native vegetation. Loss of consideration for lake use permitting activities
for up to five years depending on severity and subject to successful plant
restoration.
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (existing pier/dock): Removal of the pier/dock
from Project property and restoration with approved native vegetation.
Loss of consideration for lake use permitting activities for up to five years
depending on severity and subject to successful plant restoration.
• Unauthorized minor cutting of trees within the vegetated area (see
Section 8) within the Project Boundaries: Restoration as required in the
Vegetation Management Requirements for approved tree removal.
• Refusal to remove an unapproved, dilapidated, or unsafe structure:
Removal of the structure from the Project property by DE -LS. Loss of
consideration for lake use permitting activities until cost of removal, which
includes all removal costs including DE -LS or contractor expenses, landfill
fees, and a fixed management fee of $1,000, is paid.
• Unauthorized structure built within the Project Boundaries: After -the -fact
application may be accepted if structure conforms to the specific
requirements. Fee will be twice the current permit fee to cover additional
management costs. Non -complying structures will be subject to
modification or removal and restoration of disturbed areas at the owner's
expense.
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SECTION 6 - MISCELLANEOUS RESERVOIR USES PROGRAM
A. General
The following section addresses less frequent types of requests received by DE -LS for
uses within the Project Boundaries or on Duke Energy property. Applicants for many of
these activities and other activities that may affect Duke Energy property must first
contact DE -LS and obtain written authorization prior to beginning any
activity/construction inside the FERC Project Boundaries or on Duke Energy property.
Application forms and supporting information from the other Lake Use Permitting
Programs will be used where applicable for these requests. There may be instances
where no application form or other documentation exists that can be used to process a
request and in such cases, an applicant may be required to submit a letter of application
for the proposal. DE -LS may require the applicant to enter into a lease or other form of
conveyance and/or sign a user's agreement to ensure that long-term operation of the
facility or use of Project lands and waters does not conflict with DE -LS objectives. Since
every possible scenario cannot be anticipated, DE -LS reserves the right to make special
rulings in cases not specifically covered by these guidelines. (NOTE FOR ALL NON -
PROJECT USE APPLICANTS: Duke Energy is neither the advocate nor the adversary
for non -Project use applications, such as those for Miscellaneous Reservoir Uses. The
applicant, not DE -LS, is responsible for negotiating the application process with other
permitting and regulatory authorities.)
B. Uses Controlled by Duke Energy
1. Advertising Signs — Advertising signs within the Project Boundaries will not be
authorized, except for inconspicuous manufacturer's labels on permitted
structures or temporary "For Sale" signs on boats docked at Duke Energy -
approved structures.
2. Inflatable Recreation Equipment — Duke Energy will not authorize the use and
placement of any large water-based recreational equipment (see Glossary to
differentiate between Water-based Recreational Equipment and Water Toys)
within the Project Boundaries. Existing items considered to fall within the
definition of water-based recreational equipment are not authorized and must be
removed from within the Project Boundaries and Duke Energy property.
3. Fish Attractors — Duke Energy does not object to the placing of fish attractors
made of natural woody material (e.g., brush, Christmas trees) or PVC that are
securely tied together and properly anchored so as not to become a hazard to
navigation and to remain: 1) at a depth greater than the Critical Reservoir
Elevation (CRE) (see Glossary) on the specific lake or five ft below the maximum
drawdown on lakes Keowee and Jocassee; 2) covered by an approved boat
docking facility; or 3) in close association with an approved pier. Nylon rope
should be used to tie the materials together and for connecting materials to the
anchor. Anchors should consist of concrete blocks or other suitable weight. No
materials that are environmentally unacceptable (e.g., car batteries, tires) should
be used for anchors or as cover materials.
Shallow water fish attractors may be placed by wildlife resource agency
personnel or individual property owners adjoining the Project Boundaries subject
J-58
to the following conditions. Attractors may be placed either (i) underneath the
structure or (ii) in shallow water areas associated with a pier, but not directly
underneath the structure, provided the attractor: 1) is within 20 ft of the structure;
2) does not extend lakeward any further than the farthest portion of the structure;
3) does not cross the lot lines of the adjoining property, projected lakeward
perpendicular to the shoreline; and 4) does not block navigation. (Note: These
requirements are not intended to conflict with trees that fall into the Project
Boundaries and provide fish and wildlife habitat and are not a hazard to
navigation.) Applications are made by letter from the applicant.
4. Special Events on Duke Energy Public Access Areas — Permission to use a Duke
Energy public access area for a special event (event) (e.g., fishing tournaments,
public festivals, boat race headquarters) will be reviewed on a case-by-case
basis, and may be approved, provided that:
a. The applicant applies by letter to DE -LS.
b. Applications must include a complete narrative description of the event and a
graphic site plan for the proposed use of the access area.
c. With the exception of fishing tournaments, the footprint of the proposed event
occupies no more than 50% of the functional surface area of the access area.
d. The access area remains open for use by the general public for boat
launching during the full extent of the event.
e. The event is not exclusive to any user group.
f. All trash and debris is removed from the access area as needed during the
event and, at a minimum, on a daily basis, and at the end of the event.
g. Public restrooms (e.g., Port-a-Jons) are provided by the applicant if required
by Duke Energy or other regulatory agencies.
h. Vendors of food, concessions, souvenirs, etc. may be permitted on a case-
by-case basis as determined by Duke Energy in its sole discretion. The
applicant must specifically identify proposed vendors/vendor areas by type in
the narrative description and on the site plan for the proposed event.
i. It is the applicant's responsibility to ensure that the proposed use of the
access area complies with all local, state, and federal guidelines/ordinances.
All required permits are the responsibility of the applicant and copies must be
provided to Duke Energy to initiate Duke Energy's review of the application.
Specifically, written approval by the applicable state wildlife resource agency
must be provided to Duke Energy to initiate Duke Energy's review of the
application. Wildlife resource agency and DE -LS review will include
consideration of potential conflicts with previously scheduled events, potential
impact of the proposed use on the primary function of the access area,
potential site impacts, and other factors. Additional resource agency
consultation may also be required as determined by Duke Energy.
k. The applicant executes a lease agreement with Duke Energy with terms,
including liability indemnification and insurance requirements, and pays any
applicable fees, as specified by Duke Energy.
5. Heat Exchange Coils for Heat Pumps (Geo -thermal Systems) — DE -LS may
authorize these structures, provided they do not cause a safety, navigational or
J-59
environmental hazard. The coils must be anchored to the lakebed and located at
or below the Critical Reservoir Elevation (CRE) (see Glossary) on the specific
lake or five ft below the maximum drawdown on lakes Keowee and Jocassee
unless attached underneath an existing permitted facility in such a manner that
the coils and return/supply line will not become a safety, navigational or
environmental hazard. All supply/return piping not attached underneath an
existing permitted facility must be buried in accordance with the guidelines for
submarine utility lines included in the Conveyance Program and located adjacent
to the confines of the applicant's project -front property. Applications are made by
letter from the applicant.
6. Minor Water Withdrawals — DE -LS may authorize a single irrigation pump for
private home use, provided the pump has a rated horsepower of 2 hp or less and
is used exclusively for the adjoining project -front lot. Applications are made by
letter from the applicant. DE -LS may also authorize small water intakes that do
not exceed a maximum instantaneous withdrawal rate of 1 million gallons per day
(MGD) within the Conveyance Program (filing with the FERC typically not
required). All minor water withdrawals should, to the maximum practicable extent:
(a) use passive screens; (b) provide screen openings not to exceed one
centimeter; and (c) provide a maximum intake velocity of 0.5 fps or less. For
waters with anadromous fish, the applicant must consult with appropriate federal
and state resource agencies and determine the appropriate intake and screen
design specifications. Additionally, all minor water withdrawals must meet the
requirements for submarine utility lines included in the Conveyance Program
unless the intake line and intake head are attached underneath an approved
facility (e.g., private pier, marina slip). (NOTE: Major water withdrawals include
both single and cumulative water withdrawals exceeding a 1 MGD maximum
instantaneous withdrawal capacity. These larger withdrawals must be approved
under the Conveyance Program and require FERC approval. Additionally, in
North Carolina, withdrawals greater than or equal to 100 thousand gallons per
day require registration with the NCDENR-Division of Water Resources.)
7. Satellite Dishes — DE -LS will not authorize these facilities to be located within the
Project Boundaries of a reservoir.
8. Ski Ramps/Slalom Courses — DE -LS may authorize ski ramps, slalom courses,
and other similar structures, provided: 1) the state wildlife resources agency
approves of the activity; 2) the facility and its use will not impact areas identified
as Environmental on the SMP; 3) SCDHEC approval is obtained in South
Carolina; 4) there are no objections from adjacent property owners; and 5) the
applicant complies with the terms and conditions of the "User's Agreement".
Applications are made by letter from the applicant.
9. Private Swimming Areas — DE -LS will not authorize private individuals to "rope
off' or exclude the public from a portion of the Project area for the purpose of
creating a private swimming area.
10. Concession Sales at Public Access Areas — DE -LS will not allow any sales on
the access areas except for areas under lease to an entity or concession sales
that are in association with an approved special event, identified and managed
by the event sponsor.
11. Special Use Facilities — These are facilities which are similar in nature to those
permitted under the Private Facilities Program, but are not associated with a
J-60
single-family type private residence and are used as part of the operation of an
organization or business. The types of facilities that may be included are piers,
boat slips, boat shelters, and covered boat slips, etc. Some examples of
organizations that use this type of facility are hunting clubs, ski clubs, churches,
industries or businesses for employee recreation areas, and agencies for
monitoring piers, etc. These types of facilities will be permitted using the Private
Facilities Program and Conveyance Program guidelines (including application
forms) to the maximum extent practicable. Applicants may be required to lease
the underlying Project property and may be assessed annual user fees.
12. Business Staging Areas — These are facilities or areas along the shoreline that
are used to support a business directly associated with one of the lake use
permitting activities (e.g., loading ramp for shoreline stabilization, pier to moor
construction/excavation equipment, barge mooring area, pier assembly area),
temporary staging areas for public infrastructure construction and maintenance,
and temporary sales piers for large developments. These types of facilities will
be permitted using the Private Facilities Program and Conveyance Program
guidelines (including application forms) to the maximum extent practicable.
Applicants will be required to enter into a conveyance agreement (for operations
that exceed two years in duration); sign user's agreement letter(s); obtain
individual permits for activities outside the scope of the General Permits; obtain
all necessary local, state, and federal permits; and pay annual user's fees. Areas
used for a period greater than two years will be required to complete a
Conveyance Application including filing a notification with the FERC.
13. Wildlife Enhancement Activities — DE -LS may authorize wildlife enhancement
activities such as wood duck boxes and other similar structures, regardless of the
shoreline classification, provided the activity does not pose a hazard to public
safety or navigation, the state wildlife agency approves of the activity, and there
are no objections from adjacent property owners. In South Carolina, approval is
obtained from SCDHEC. Applications to Duke Energy are made by letter from
the applicant.
14. Project Operation and Public Service Facilities — This category includes new and
existing facilities needed to directly support comprehensive management of the
lakes used by Duke Energy or public agencies (e.g., rescue squads; Power
Squadron and US Coast Guard Auxiliary emergency support facilities; state
wildlife agency management facilities; police department non -recreational
facilities; Duke Energy mosquito control facilities; Duke Energy hydro, fossil, and
nuclear power non -recreational facilities) to carry out their official responsibilities
The construction of new facilities and the maintenance of existing facilities may
have more flexible permitting requirements, provided the applicant can provide
justification based on a legitimate need and not just a preference. Applications
are reviewed on a case-by-case basis and consultation of the Sr. Lake Services
Representative(s) is required.
15. Explosives — The limited use of explosives may be allowed to facilitate the
removal of man-made structures (i.e., bridge pilings, intake structures), provided
their use can be substantiated based on need rather than preference and the use
adheres to all local, state, and federal regulations. The use of explosives within
the Project Boundaries supporting excavation activities will be allowed for public
need projects where the applicant is usually a public entity (e.g., municipality,
state transportation department, utility line owner supporting a regional public
J-61
need) and there is no other practicable alternative. DE -LS must be provided the
appropriate documentation to ensure compliance with all regulations prior to the
use of any explosives. Any other uses of explosives to excavate within the
Project Boundaries will not be authorized.
16. Dry Hydrants — Fire hydrants that draw water from the reservoir for fire protection
may be reviewed by letter from the applicant. The applicant must be an official
representing a municipal, state, federal or volunteer fire fighting organization. The
applicant must indicate the location, pipe diameter, and fire department/district
being served and responsible for maintenance of the structure. The intake line
must meet the requirements for submarine utility lines under the Conveyance
Program to the maximum practicable extent. Unless attached to an existing
facility in such a manner that the intake will not become a safety or navigational
hazard, the intake should be located at/below the CRE required for any existing
Large Water Intakes used for Public Water Supply, industrial or regional non -
hydroelectric power plant operation on the specific lake or five ft below the
maximum drawdown on lakes Keowee and Jocassee. This depth requirement is
necessary to provide for the reliability of the hydrant even during drawdown
conditions and to ensure the intake does not pose a hazard to navigation and
public safety. In cases where lake topography makes meeting the requirements
for submarine utility lines impracticable, the intake and/or intake line may be
considered at a lesser depth, provided the applicant can provide a Lake Facility
Safety Plan that clearly marks along the shoreline and with a buoy(s) the location
of the intake and/or intake line. Standardized signs 2 ft by 3 ft in dimension with
the wording "Danger Stay Clear, Underwater Fire Intake", will be provided by DE -
LS and must be installed conspicuously and maintained along the shoreline by
the applicant. Additionally, at least one, 10 -inch diameter cylindrical buoy,
provided and maintained by the applicant, that extends a minimum of 36 inches
above the surface of the water with the word "Danger" and the open diamond
shape, must remain stationed at all times lakeward and no further than 10 ft of
the dry hydrant line intake structure.
C. Uses Under the Control of Other Agencies
1. Boat Race Courses — Under the control of the U.S. Coast Guard.
2. Kites, Parasails, Ultra -light Aircraft, and Hanq Gliders — If regulated, under the
control of the Federal Aviation Administration (FAA) while airborne and state
wildlife agency and/or local planning and zoning office while on water.
3. Navigational Aids — Under the control of the state wildlife agency and/or
applicable marine commission.
4. No -Wake Buoys — Under the control of applicable marine commission and state
wildlife agency.
5. Seaplanes — Under the control of the FAA while airborne and state wildlife
agency and/or local planning and zoning office while on water, if regulated.
6. Vending Operations on Water — Under the control of the county Health
Department.
7. Net Pens and Aquaculture Operations — These uses are not authorized.
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D. Caution
Authorization Required from Licensee — Adjoining property owners should be
aware that conducting activities within the Project Boundaries of a federally -
licensed hydroelectric project (e.g., Catawba-Wateree and Keowee-Toxaway
Projects) is a privilege that can only be granted with authorization from the
Licensee. Duke Energy supports use of the Project lands and waters for a variety
of activities, provided the use meets the regulatory requirements of the license
and protects and enhances the Project's scenic, recreational, cultural, and
environmental values.
2. Protected Areas — There are some areas of the lake where facilities may not be
permitted because of environmental considerations, development patterns,
physical lake characteristics, impacts to cultural resources, or other reasons.
These areas may be identified in the SMP (where applicable).
3. Minimization of Impacts — The permittee must make every reasonable effort to
minimize any adverse impact on fish, wildlife, and other natural resources.
4. Non -Authorized Uses — There are some types of lake uses that cannot be
authorized. Refer to Section 7B for a listing of commonly requested uses that
Duke Energy will not authorize.
5. Non -Conforming Structures — There are existing structures and improvements
permitted by DE -LS, prior to initiating these revised guidelines, which are not
compatible with the requirements as contained herein. These structures may be
maintained although their use does not conform to the enclosed guidelines.
When it becomes necessary to rebuild (see Glossary definition of Facility
Rebuild) a previously approved, non -conforming structure, the rebuilt structure
must comply with the guidelines in effect at the time of replacement to the
maximum practicable extent.
6. Flood Easements — In general, Duke Energy has reserved, on a tract -by -tract
basis, a deeded flood easement extending 10 ft or more vertically above the full
pond elevation contour on all lakes it owns or operates, to accommodate high
water and allow for operational flexibility in severe weather events. Although
these deeded flood easements typically do not prevent construction of dwellings
and other permanent structures, Duke Energy strongly recommends that
adjoining property owners avoid building such permanent structures within flood
easement areas. Buffer regulations must also be considered for any construction
or alteration of vegetation above the full pond contour elevation.
E. Consequences for Violations
Penalties — DE -LS representatives will issue Stop -Work Directives for any
violations that are detected within the Project Boundaries of a reservoir.
Consequences for violations will include one or more of the following:
• Unwanted delays;
• Loss of security deposits;
• Suspension or cancellation of approved applications;
• Increases in fees;
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• Modification or removal of non -complying structures and restoration of
disturbed areas at the owner's expense; and
• Loss of any consideration for future reservoir use applications.
2. Violation Examples — Examples of specific violations and their applicable
penalties include the following:
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (no existing pier/dock): Restoration with approved
native vegetation. Loss of consideration for lake use permitting activities
for up to five years depending on severity and subject to successful plant
restoration.
• Unauthorized major cutting of the vegetated area (see Section 8) within
the Project Boundaries (existing pier/dock): Removal of the pier/dock
from Project property and restoration with approved native vegetation.
Loss of consideration for lake use permitting activities for up to five years
depending on severity and subject to successful plant restoration.
• Unauthorized minor cutting of trees within the vegetated area (see
Section 8) within the Project Boundaries: Restoration as required in the
Vegetation Management Requirements for approved tree removal.
• Refusal to remove an unapproved, dilapidated, or unsafe structure:
Removal of the structure from the Project property by DE -LS. Loss of
consideration for lake use permitting activities until cost of removal, which
includes all removal costs including DE -LS or contractor expenses, landfill
fees, and a set management fee of $1,000, is paid.
• Unauthorized structure built within the Project Boundaries: After -the -fact
application may be accepted if structure conforms to the specific
requirements. Fee will be twice the current permit fee to cover additional
management costs. Non -complying structures will be subject to
modification or removal and restoration of disturbed areas at the owner's
expense.
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SECTION 7 - GENERAL POLICIES THAT ARE NOT LAKE -
SPECIFIC
The policies stated in this subsection apply to all lakes within the Catawba-Wateree
Project, unless specifically stated otherwise.
A. Lake Uses Allowed Without Specific Duke Energy Written Approval
There are some lake uses that are implicit parts of Duke Energy's lake access
philosophy and therefore do not require any specific written permission from Duke
Energy. These implicit uses (see Glossary) include:
1. Ingress and Egress — Ingress and egress by adjoining property owners to view
the lake or to access Duke Energy approved lake use facilities either for their use
or for facility maintenance or facility emergency repair (see Glossary for
differences between Facility Maintenance, Facility Emergency Repair, Facility
Rebuild, and Facility Expansion.)
2. Management of Dead Trees — Ability for adjoining property owners to remove
dead trees consistent with any local buffer ordinances or habitat protection
requirements provided by the resource agencies.
3. Public Recreation — Pursuit of any lawful public recreation activity within the
FERC Project Boundaries of a licensed lake or the full pond contour of an
unlicensed lake that does not violate Duke Energy's Public Safety Plan, create a
public nuisance as declared by law enforcement officials, create a public
health/safety hazard, or otherwise endanger people or trespass on or damage
property. Exceptions are any public recreation activity specifically identified as
not being allowed in this document or that requires Duke Energy's written
approval.
4. Public Access Areas — DE -LS will allow uses of the Duke Energy -owned public
access areas for boat launching and bank fishing with the following activities
prohibited:
a. Littering;
b. Consuming alcoholic beverages or other controlled substances;
c. Destroying or defacing property or harassing wildlife;
d. Disorderly conduct;
e. Parking in non -designated areas;
f. Discharging firearms;
g. Operation of motorized trail bikes or off road vehicles;
h. Open fires (unless allowed by the leasing agency or facilities are specifically
provided by Duke Energy for this purpose); and
i. Camping (unless allowed by the leasing agency or facilities are specifically
provided by Duke Energy for this purpose).
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B. Lake Uses That Are Not Authorized
Considering the objectives of these SMG as stated in the introduction, a number of
potential lake uses will not be authorized. The following list includes some of the more
frequently requested lake uses that will not be approved within the full pond contour, the
FERC Project Boundaries, or within any Duke Energy -owned peripheral strip of a Duke
Energy -operated lake. (Note: Some of these uses have been allowed by Duke Energy
in the past. Applications for rebuilds or permit/lease%asement transfers or renewals of
any previously approved facilities for the listed uses will be reviewed on a case-by-case
basis and require approval, at a minimum, by the management of DE -LS.)
1. Septic tanks, septic drain lines and drain fields, toilet facilities, sinks, water
faucets, showers, or any other type of device that could produce a wastewater
discharge, except for certain Marina Facilities, Public Recreation Facilities, or
Conveyance Facilities necessary for waste disposal (e.g., marine pump -out
facilities);
2. Stormwater inlet pipes and their associated settling basins;
3. Washing (except with biodegradable detergents specifically formulated for use in
reservoirs), painting, or resurfacing of vehicles or watercraft;
4. Any portion of a private dwelling;
5. Any facility including, but not limited to, porches, patios, decks, driveways, or
other structures(s) not permitted as part of a Private Facilities Permit;
6. Swimming pools, except at Public Recreational Facilities specifically approved for
that use;
7. Camping, except at Commercial Marina Facilities or Public Recreational Facilities
specifically approved for that use;
8. Littering or dumping of trash and debris;
9. Abandonment of personal property including, but not limited to, vehicles,
watercraft, boat trailers, lake use facilities, and building materials;
10. Pens, kennels, or other facilities for the housing and care of pets;
11. Fences, except as necessary to confine livestock watering to a small area of the
shoreline;
12. Net pens and aquaculture operations;
13. Placement of structures designed to submerge and then resurface, except for
buoys for ski slalom and boating courses, and boat hoists associated with an
approved facility;
14. Wells, except where necessary to support an approved Project Use Facility;
15. Rope swings, cables, platforms, or springboards used for diving and swimming
that are not associated with an approved facility or located outside of Public
Recreation or Commercial Marina Facilities specifically approved for that use;
16. Any use that violates an applicable federal, state, or local law or regulation; and
17. Any other use that is determined to be unacceptable by Duke Energy, in its sole
discretion.
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C. Authority and Responsibility of Lake Use Permit Applicants
Except for the implicit uses described above, all other lake uses must be authorized in
writing by Duke Energy through one of the lake use permitting programs. Occasionally,
questions arise concerning what exactly the applicant is getting when they receive an
approved lake use permit from Duke Energy. Duke Energy has incorporated some type
of user's agreement/permit, lease, or easement document in the vast majority of lake
use permits the company issues in an effort to ensure applicants understand what they
do/do not own, their maintenance responsibilities, and their authority with regard to
controlling actions of others within the lake area. The following information also helps
clarify those issues.
1. Responsibilities of Applicant — The applicant is the owner of the approved lake
use facility during construction and once it is complete. Duke Energy holds the
applicant completely responsible for:
a. The safety of themselves and others they allow to use the facility (i.e., use at
your own risk);
b. Payment of any applicable fees and taxes;
c. Maintaining the facility in a state of good repair;
d. Ensuring the facility does not create a public nuisance or public health/safety
hazard (including marking facilities during and after construction to reduce
hazards to navigation and public safety);
e. Ensuring the facility remains in compliance with all applicable federal, state,
and local regulations and codes, as well as directives of the FERC, Duke
Energy, and any jurisdictional agency, including modification of the facility in
the future if necessary; and
f. Removing the facility in its entirety and restoring the disturbed area as
necessary at their own expense should the facility's use be discontinued, or if
directed to do so by Duke Energy or any entity having the legal authority to
do so.
2. Transfer of Applicant Responsibilities — If ownership of the adjoining property
changes, then responsibility for the lake use facility also changes. Facility owners
must contact Duke Energy to get their applicable permits transferred to the new
owner when property ownership changes. Note that some types of lake uses
require written transfer of lease/easement/user's agreement/permit documents
when property ownership changes.
3. Non -Structural Lake Uses — Some types of approved lake uses (e.g.,
excavations) do not include any structures. The applicant is still responsible for
ensuring the approved use does not create a public nuisance or public
health/safety hazard, and that it is modified as needed in the future to comply
with any applicable regulations or Duke Energy lake management requirements.
4. Land Ownership — Duke Energy lake use permits do not transfer title to any land.
5. Cancellation of Lake Use Permits — The Private Facilities and Shoreline
Stabilization Programs' permits are simply permission to use the applicable land
for construction, operation, use, and maintenance of the approved structure.
Consistent with the approval, the permit may be cancelled by Duke Energy and
the permittee would be required to remove the structure and restore the
disturbed area at their expense.
6. Leases and Easements — The Marina Facilities Program and Conveyance
Program have leases or easements (except for water rights tracts which have
permits/user's agreements). These programs generally result in much larger
facilities or facilities with a much greater potential for impact than the Private
Facilities or Shoreline Stabilization Programs. To limit company liabilities and
comply with the Standard Land Use Article, Duke Energy uses leases, permits
and easements to assign the minimal property rights necessary to construct,
operate, use, and maintain the approved facility. These programs will also have a
specified term and a cancellation clause covering what happens if the agreement
is cancelled or not renewed at expiration.
7. Public Access — Lake use permit holders have the authority to prevent others
from trespassing on the structures they have built. They do not, however, have
any authority to impede anyone from pursuit of the lawful public recreational
enjoyment of FERC Project lands and waters. Except as specified otherwise in
this document or other Duke Energy documents (e.g., Public Safety Plan),
anyone may fish around/under structures built by others, may walk/wade/fish
within the FERC Project Boundaries or any Duke Energy -owned peripheral strip,
boat in the lake's waters, etc., without having to obtain permission to do so.
D. Storm Damage and Facility Repair/Replacement
A facility may be entirely rebuilt and consideration given to waiver of any application
filing fees if it can be substantiated that the reason for the rebuild is the result of an act of
God (e.g., significant high water, high wind, heavy snow, fire as a result of a direct
lightning strike) that destroys enough of a facility that it can no longer be used and
cannot be repaired within what is considered a maintenance activity. A documented,
written application must be made to DE -LS within six months following the verifiable date
of the event. Consideration for complete restoration will only be given to permitted
facilities that complied with the SMG in effect (if applicable) at the time of construction.
The need to obtain written release from an adjoining property owner if the original facility
encroached across the projected property line may not be required especially if there is
no practicable alternative for reconstruction of the facility within the current guidelines in
another location. Consideration will not be given to facilities that have been previously
identified and not repaired as part of the Structure Renovation Program or other written
directives (e.g., Stop -Work Notice, navigation hazard/public safety notification) from DE -
LS.
E. Use of Islands
For FERC licensed lakes, islands are normally fully within the FERC Project Boundaries,
and the FERC's general policy for maximizing public recreation uses of Project lands
would apply. The islands are within the FERC Project boundaries on all Duke Energy -
owned, licensed lakes except under the existing license issued in 1958 for the Catawba-
Wateree Project. These guidelines apply to islands on the Catawba-Wateree Project
regardless of whether the islands are included as Project lands. Their location makes
them attractive stops for boaters, yet their small size usually intensifies concerns about
user impacts and waste disposal. Public recreation opportunity support is the primary
intended use of all Duke Energy -owned islands, except for certain Duke Energy -owned
1 .•
islands with special management considerations (e.g., cultural resources, heron
rookeries, safety concerns, etc.).
Duke Energy allows the boating public to pursue lawful recreation activities on all Duke
Energy -owned islands at the user's own risk, provided that:
1. Fires and Camping — No fires are built and no camping is conducted outside of
specifically approved facilities that are managed by a Non -Duke Energy entity
that has leased the site for public recreation uses.
2. Nighttime Use — Other than hunting and nighttime bank fishing, no uses occur
between 30 minutes after sunset and 30 minutes before the following sunrise,
unless specifically allowed by a non -Duke Energy entity that has leased the site
for public recreation uses. (Note: In Mecklenburg and Gaston counties, per the
request of local law enforcement, islands are posted as No Trespassing from
sunrise to sunset including prohibiting nighttime bank fishing and hunting.)
3. Site-specific Restrictions — Use of the island has not been restricted for other
reasons (e.g., environmental sensitivity, cultural resource protection, history of
unruly gatherings).
4. Island Users' Responsibilities — Island users remain responsible for their own
safety and activities including, but not limited to:
a. Taking trash with them or depositing it within trash receptacles provided by a
non -Duke Energy entity that has leased the site for public recreation,
environmental/scenic protection, or cultural resource protection;
b. Taking personal property with them;
c. Ensuring they do not create a public nuisance or public health/safety hazard
as declared by a law enforcement or public health official having jurisdictional
authority;
d. Ensuring no trees are cut;
e. Ensuring no structures are built, unless specifically authorized in writing by
DE -LS; and
f. Ensuring no removal of natural vegetation or cultural resources (artifacts).
F. Hunting and Trapping
1. Compliance with Regulations — Both hunting and trapping are public recreation
activities. Hunting and trapping may be pursued at the user's own risk within the
full pond contour or on Duke Energy -owned islands within lakes operated by
Duke Energy. All such hunting and trapping must be done in accordance with the
applicable federal, state, and local regulations.
2. Facilities — Except for construction of duck blinds (for waterfowl hunting), no other
facility construction will be permitted within the Project Boundaries for the sole
purpose of supporting hunting or trapping.
3. Duck Blinds — Duck blinds must be constructed within and as close to the full
pond contour as reasonably attainable. In no cases shall they extend beyond
one-third the distance to the opposite shoreline or 120 ft from the full pond
contour, whichever is more restrictive. Duck blinds that are located such that
water depth would be greater than six ft with the lake at its full pond level must
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also be fitted with reflectors. Duck blinds must also include a conspicuously
located weatherproof marking that clearly identifies the name, address, and
phone number of the individual or group responsible for the blind. Duck blinds
may be used by any hunter(s) at any time allowed by law and are used on a first-
come, first-served basis. Duck blind owners, however, must ensure the blind is
maintained in a state of good repair and must remove it in its entirety if it's not
planned to be used during the next waterfowl season or if directed to do so by
Duke Energy or the state wildlife agency.
4. Traps — Traps must not injure other lake users or pets owned by lake neighbors.
Leg -hold traps and snares are specifically prohibited. Traps must be checked
regularly during use according to state law and must be removed when not in use
or when directed to do so by Duke Energy or the state wildlife agency. Traps
must also be fitted with a weatherproof marking providing the name, address,
and phone number of the responsible party.
G. Handling of Lakeside Buffers, Building Setbacks, and Minimum Lot Sizes
Maintenance of vegetated lakeside buffers is an important factor in protecting and
enhancing a lake's values. Buffers primarily filter runoff and can help reduce shoreline
erosion when vegetation extends to the shoreline, thus helping to reduce sedimentation
and protect water quality. They also provide wildlife corridors and habitat and can
enhance recreational opportunities.
With regard to lakeside buffer policies, Duke Energy:
a. Supports maintaining existing buffers in their natural vegetated state, except
where necessary to operate its electric business; where limited pruning,
topping, thinning, or clearing is necessary to facilitate reasonable access to
Duke Energy -approved, water -dependent structures; to provide nominal width
pathways, trails, and walkways to allow recreation access or to provide
reasonable views of the water from adjoining properties; all such vegetation
removal being done in accordance with the Vegetation Area Management
Requirements (see Section 8) and any applicable ordinances.
b. Encourages lake use permit applicants to plan their work to avoid and
minimize buffer impacts to the maximum practicable extent.
c. Reserves the right to delay or refuse lake use permit approval, cancel
existing permits, or take other necessary actions when adjoining property
owners violate buffer restrictions or the vegetation removal or erosion control
criteria within local buffer ordinances.
d. Will not allow vegetation removal in some specifically designated areas (e.g.,
areas classified as Environmental on the SMP) to support non-public
projects.
e. Participates in development of local buffer ordinances.
f. Will not support releasing adjoining property owners from buffer regulation
requirements including, but not limited to, providing release statements,
unless it is very clear that every effort has been made by the adjoining
property owner to alter their plans to avoid/minimize the buffer disturbance.
2. With regard to building setbacks and minimum lot size policies, Duke Energy will
not become involved in the practice by some jurisdictions of using land within the
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full pond contour of a Duke Energy -owned lake as land area for consideration
toward meeting minimum lot size or building setback regulations, even if Duke
Energy only holds a flowage easement on the lakebed tract in question.
H. Native Shoreline and Aquatic Vegetation Management
1. Shoreline and aquatic plants are important components of the aquatic life in
lakes, rivers, and streams. They provide a number of contributions to the overall
health of a water body including:
a. Food and shelter to many shoreline and aquatic animals;
b. Use of nutrients from land surface runoff, thus helping to maintain good water
quality;
c. Improved clarity by allowing suspended silt and clay particles to settle out;
and
d. Increase dissolved oxygen levels in the water and thus supporting aquatic
life.
2. Growth of native aquatic and shoreline plants is preferred to the growth of exotic
(i.e., non-native) species.
a. Shoreline stabilization using native plants, in areas where shoreline slope and
wave energy are compatible with plantings, will normally be successful if the
activity is carefully planned and carried out.
3. Duke Energy supports the planting of native North Carolina and South Carolina
plant species within and adjoining the full pond contours of Duke Energy -owned
lakes for the purposes of shoreline stabilization or establishing or restoring
wildlife/fisheries habitat.
4. Duke Energy will not authorize the planting of any plant species within the full
pond contour of any Duke Energy -owned lake or on Duke Energy -owned
shoreline property that is not native to North Carolina and South Carolina or is
not otherwise approved by Duke Energy.
5. Plans for the introduction of vegetation within the full pond contour of a Duke
Energy -owned lake or on Duke Energy property must be submitted in writing to
DE -LS. Plans must contain a species list of the proposed plant species to be
used and a planting diagram and schedule. Plant species selection and
schedules should consider site conditions to optimize survival.
6. Duke Energy will not authorize removal of native aquatic vegetation unless it is
necessary for continued lake access (e.g., swimming areas). In these specific
instances, removal may be allowed, provided that removal of only vegetation
necessary for limited access in specifically identified areas is approved in writing
by DE -LS.
Contractor Use of Duke Energy -owned Access Areas
Duke Energy is required under the license granted by the FERC for the FERC licensed
Projects to arrange for the construction, maintenance, and management of public access
areas. As licensee, one of Duke Energy's primary responsibilities for management of
these areas is to ensure that any activity at the access areas does not prohibit or
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interfere with the public's use of the area for boating, fishing, or other authorized
recreational uses.
Duke Energy recognizes the service provided by lake construction contractors to project -
front property owners (e.g., commercial marina operators, individual pier owners) for
facility construction/maintenance and shoreline stabilization activities, and the necessity
for lake access for these activities while minimizing environmental impacts. Duke
Energy further recognizes that these public access areas provide a convenient means
for lake construction contractors to obtain access to the lakes to carry out their activities.
However, contractors' use of access areas can potentially interfere with the public's use
of the access areas, cause damage to the areas, and create liability concerns for Duke
Energy. Therefore, conditional use of these areas is primarily being offered to allow a
point of access to the lake with only very limited availability of the site for minor approved
staging activities.
To ensure that contractors' use of the public access areas does not prohibit or hinder the
public from using the access areas in the manner intended and to address the other
items noted above, DE -LS has implemented a number of requirements regarding
contractors' use of the public access areas. In general, authorization for generic limited
use of the area may be requested for an entire year. Otherwise, special permits with
specific concessions will be required for more complex work activities. Duke Energy will
only consider allowing use of the public access areas to provide a point of access for
individual construction activities if the respective lake construction contractor complies
with the following requirements:
1. Metal Cable Anchors — No cable anchors will be allowed in any location on the
access area.
2. Launching Ramps — Damage to ramps may occur as a result of contractors using
these ramps to load or unload heavy equipment and materials such as tractor -
trailers, loaders, tractors, pole -trailers, tandem -axle trucks, etc. These ramps
were designed and built for boat launching and retrieval only and are generally
not intended to support heavy equipment. These ramps are not to be used for
any activity other than that included in the Special Use Permit. In no event shall
rip rap or other rock be loaded, unloaded, or transferred on the access area,
including the boat ramp(s).
3. Prohibited Activities — DE -LS has allowed the access areas to be used as staging
areas, as a courtesy to lake construction contractors and adjoining property
owners, as long as the work being performed did not interfere with public
recreation and access. Duke Energy and the North Carolina Wildlife Resources
Commission (for Duke -owned access areas in NC) will continue to allow
permitted use of these areas with the understanding that the following work
practices are not allowed:
a. Parking commercial vehicles — All contractor vehicles must be parked in
designated spaces. Parking will be allowed in the turnarounds long enough
to unload material, at which time the vehicle will need to be moved to a
designated space.
b. Leaving docks/equipment unattended — Docks and equipment will not be left
unattended at the access areas at any time.
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c. Restricting public access — Structures and/or materials will not be placed on
the access area or within the lake in a manner that restricts recreational use
by the public.
d. Using the area during hours of primary recreation — The area shall not be
used by contractors from 9:00am-6:00pm on weekends and holidays during
the period from April 1 through September 30.
e. Using heavy equipment — Use of heavy equipment is generally not permitted
on the access area. Permission is not granted to use the boat ramps for any
activity other than that specified in the Special Use Permit.
f. Loading, unloading, or transfer of rip -rap or other rock — In no event shall rip -
rap or other rock be loaded, unloaded, or transferred on the access area,
including the boat ramp(s).
g. Using the area for more than point of access — Use of the area is primarily for
access to the lake. Staging activities are not permitted unless specified and
approved by NCWRC in the Special Use Permit.
h. Demolition activities — Debris may be loaded onto trailers for removal from
the lake utilizing the boat ramp as a point of access, but demolition activities
are prohibited at the access area.
i. Clearing vegetation and other damage — Removal of any vegetation from the
access area is prohibited. In no event shall use of the area result in damage
to access area facilities including, but not limited to, entrance roads, parking
lots, turn-arounds, ramps, piers, pilings, signs, landscaping, and shoreline
stabilization (including bioengineering).
j. Encroaching in front of adjoining property — Materials and/or structures shall
not encroach across the imaginary projection of the property line between the
access area and any adjoining property.
4. Existing Conditions — Contractors are expected to leave the area(s) in the same
or better condition as when they arrived by removing all their equipment and
materials, and removing any trash and construction debris they generate.
Contractors are also expected to immediately report and make arrangements for
reimbursement for any damage they cause as a result of utilizing the site. Duke
Energy considers commercial use of the areas to be a privilege that can and will
be revoked individually or as a whole for any reason if deemed necessary by DE -
LS, the applicable wildlife resource management agency, or the access area
lessee.
5. Insurance — Contractors must provide each year to DE -LS, prior to long-term
access area use, a certificate of insurance endorsed to add the NCWRC (for use
of Duke -owned access areas in NC) and Duke Energy as an additional insured
including waivers of any right of subrogation of the insurers against the NCWRC
and Duke Energy, its officers, directors, and employees. Contractors shall and
will require each Subcontractor to (a) furnish properly executed certificates of
insurance to DE -LS prior to commencement of work, which certificates shall
clearly evidence all coverage's required and provide that such insurance shall not
be terminated nor expire except on thirty days' prior written notice to DE -LS; (b)
maintain such insurance from the time work first commences until completion of
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the work under this agreement; and (c) replace such certificates for policies
expiring prior to completion of work under this agreement.
J. Other Uses of Duke Energy -owned Access Areas
As Licensee, one of Duke Energy's primary responsibilities for management of the Duke
Energy -owned Access Areas is to ensure that any activity at the areas does not prohibit
or interfere with the public's use of the area for boating, fishing, or other authorized
recreational uses. Use of these areas by entities in support of a business (e.g., storage
of materials or boats), unless allowed as a Special Event or Contractor Use and
identified in an application submitted and approved by DE -LS, is prohibited.
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SECTION 8 - VEGETATION MANAGEMENT REQUIREMENTS
Vegetation management and maintenance of vegetated terrestrial and riparian areas is
an important factor in protecting and enhancing a lake's values. Riparian and terrestrial
areas primarily filter runoff and can help reduce shoreline erosion when vegetation
extends to and/or below the shoreline, thus helping to reduce sedimentation and protect
water quality. Vegetated shorelines also provide wildlife corridors and habitat and can
enhance recreational opportunities. Therefore, DE -LS has developed requirements to
protect riparian wildlife corridors on shoreline property within the FERC Project
boundaries, in consultation with various lake stakeholders and stakeholder teams, as
part of the relicensing process for the Catawba-Wateree Hydroelectric Project (FERC
Project No. 2232), and with consideration given to impacts to private landowners with
property adjoining the FERC Project Boundaries.
These Vegetated Management Requirements apply to lands within the FERC Project
Boundaries of the Catawba-Wateree Project and Keowee-Toxaway Project:
RESERVOIR
FERC PROJECT #
Lake James
2232
Lake Rhodhiss
2232
Lake Hickory
2232
Lookout Shoals Lake
2232
Lake Norman
2232
Mountain Island Lake
2232
Lake Wylie
2232
Fishing Creek Reservoir
2232
Great Falls Reservoir
2232
Cedar Creek Reservoir
2232
Lake Wateree
2232
Lake Keowee
2503
Lake Jocassee
2503
A. General
Protection of areas (riparian and terrestrial) for wildlife movement is considered
important by state and federal wildlife resource agencies concerned with the potential for
development adjoining these environmentally important areas, and consideration should
also be given to impacts to private landowners adjoining these areas.
The Duke Energy property within the Project Boundaries shall be maintained in a
vegetated forested condition, where existing, that is typical of forested areas of
the region. A properly vegetated area shall include canopy trees, sub -canopy
trees, shrubs, herbaceous plants, and forest floor leaf and humus layers.
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2. No clearing, thinning, spraying, planting, or sowing of any vegetation, except for
removal of hazardous trees in imminent danger of falling on an individual, a
structure or a proposed structure (constructed outside the Project Boundaries), or
removal of non-native invasive plants and poisonous plants, shall be undertaken
by any person or party without written concurrence from DE -LS, unless the
alteration is consistent with an approved activity authorized by local ordinance or
the Catawba River Riparian Buffer Rules in North Carolina. Non-native invasive
plant lists can be found on the Internet at the following addresses:
http://plants.usda.gov/cgi_bin/topics.cgi?earl=noxious.cgi
http://www.nps.gov/plants/alien/
B. Vegetation Planting
Protection and enhancement of the important habitat areas can be accomplished by
accommodating and supplementing the exiting native vegetation.
Vegetation native to the Piedmont region shall be required. (Note: A sample plant
list of commonly acceptable vegetation native to the Piedmont Region is
available from DE -LS.)
2. Native vegetation beneficial to wildlife shall be encouraged.
3. Turf grasses (e.g., fescue, Bermuda) shall not be planted and may not be
allowed to become permanently established.
4. Native ground cover other than permanent turf grasses may be planted as an
enhancement to existing native vegetation.
5. Permanent grasses (not including turf grasses) and other native vegetative cover
may be permitted in conjunction with shoreline stabilization projects with written
concurrence from DE -LS.
C. Vegetation Removal and Disturbance — General
Access to the lake over Project lands and waters can be accommodated, provided a
primarily vegetated buffer is maintained with limited clearing.
1. Hand -Held Tools — Clearing, thinning, and pruning shall generally be
accomplished with hand-held tools.
2. Mechanical Clearing — Mechanical clearing (e.g., bulldozers, backhoes, or other
heavy equipment) shall not be used (Note 1) unless in conjunction with a
shoreline stabilization project or as a remedial activity, approved by DE -LS, as a
result of pest infestations. Disturbance for installation of stabilizing structures
shall be restricted to the minimum needed to gain access and install stabilizing
structures and shall not include clearing outside of the limits of the stabilization
project.
3. Forest Floor — All soil and existing forest floor leaf and humus layers shall remain
undisturbed and intact except for the construction of footpaths, authorized
clearing, or the minimum disturbance needed to stabilize shoreline or install a
DE -LS -approved structure.
4. Footpaths — Footpaths for individual lots shall be no more than four ft wide and
should be designed in a winding manner, avoiding trees (> 3 inches diameter at
breast height [dbh]) (see Glossary) and/or stepped to prevent surface runoff and
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erosion. The least damaging alternative that will prevent erosion and
sedimentation shall be selected.
5. Standing Trees — Standing trees that are dead, diseased, and in imminent
danger of falling on an individual or structure may be removed without specific
written concurrence from DE -LS. Dead trees that do not pose a hazard can
provide habitat for wildlife, and adjoining property owners are encouraged to
leave dead large diameter trees standing whenever possible.
6. Fallen Trees — Trees that fall into the lake and do not block or unnecessarily
restrict navigational access should be left in place to benefit fish and/or wildlife.
7. Fallen Trees as Fish Habitat — Trees that are allowed to be cut from the land or
shoreline, and where there is a desire to create fish habitat, should be securely
anchored along the shoreline to improve fish and/or wildlife habitat or placed in
the buffer as a downed log. Trees should be securely attached or anchored to
prevent movement away from the shoreline. Trees that need to be cut but are
away from the shoreline should be placed within the buffer to serve as downed
logs.
8. Viewshed Management — Standing live trees (> 3 inches dbh) that are
intentionally removed for the creation of viewsheds or access paths shall be
replaced by a quantity of trees totaling the diameter of the tree removed.
Replacement trees are not to be less than two inches in diameter (e.g., three 2 -
inch trees may replace one 6 -inch tree). Diameter shall be measured at breast
height (dbh) four and a half ft above the base of the tree. Replacement trees
should be a native "ecological equivalent" of what is removed (i.e., a tree
removed from the canopy should be replaced with a similar species that also has
the potential to reach the canopy and sub -canopy trees should be replaced with
similar sub -canopy species). Soil types, soil moisture, and shade tolerance
should be considered when selecting replacement trees.
9. Pruning — Individual trees may not be pruned except for viewsheds and access
paths as provided below.
10. Debris Removal Following Storms — Activities necessary for clearing debris and
pruning existing trees as a result of substantial alteration of the natural forested
canopy by extreme weather conditions (e.g., wind and ice storms) will be
considered on an individual basis.
11. Grubbing or Grinding Tree Stumps — Grubbing or grinding of tree stumps of any
size is not allowed except in the establishment of footpaths (large trees > 10 dbh
must be avoided) and as approved as part of authorized stabilization activities.
12. Herbicide Use — Chemicals (herbicides) approved for use in water shall not be
used to kill native non-invasive vegetation. Chemicals (herbicides) approved for
use on land shall not be used to kill native non-invasive vegetation except poison
ivy, poison sumac, and/or poison oak or exotic species listed in the NCDENR-
Division of Parks and Recreation Exotic Plant Guidelines #30 as allowed in the
Catawba River Basin Permanent Riparian Buffer Protection Rules.
13. Aquatic Herbicides — Chemical control of vegetation in or over water must be by
approved aquatic herbicides. In North Carolina, approved aquatic herbicides
applied to a public water body must be applied by a state certified aquatic
pesticide applicator. In South Carolina, herbicides applied to a water body used
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for public drinking water must have permission from the SCDHEC. In addition,
all aquatic herbicide labels require applicators to notify a state natural resource
agency before their application of a herbicide to public waters.
D. Viewsheds
Viewsheds are intended to allow adjoining home or structure owner's views of the lake
and/or other surrounding natural features while maintaining a vegetated forested
condition that includes a varied forest canopy (Figures 8D-1 through 8D-4).
1. A single viewshed may be established in consultation with a DE -LS
representative once a home or building is constructed.
2. An on-site meeting between the DE -LS representative, the home or business
owner, and any landscape contractor is required to establish the viewshed. The
meeting will result in an approval letter that specifically identifies and lists all
activities that can be accomplished to provide a viewshed including, but not
limited to, pruning, topping, tree and/or vegetation removal, tree and/or
vegetation replanting, etc.
3. Selective pruning/limbing may be allowed in accordance with the requirements of
the Catawba River Basin Permanent Riparian Buffer Protection Rules to facilitate
a viewshed. Native shrubs and vines shall not be pruned from the ground to a
height of four ft.
4. A joint single viewshed may be created by two adjoining property owners with
written concurrence from DE -LS.
5. Minimal topping and removal of only selected trees will be considered to
establish a viewshed.
6. Viewsheds will not be allowed to be created within the Project Boundaries within
the confines of adjoining areas designated as Environmental on the SMP.
Notes
Eminent Domain — Activities conducted by federal, state, or local governments,
railroads, public utilities, or other entities that typically have the power of eminent
domain (e.g., utility or roadway right of way, construction, and maintenance) are
not subject to the provisions of this Section. However, such activities, where
practical, should be conducted in a manner that is consistent with these
requirements.
2. Approvals Prior to Adoption of Requirements — The provisions of these
requirements shall not apply to DE -LS -approved maintenance or rebuild activities
or activities (e.g., pier/docks, stabilization, mowing) which were allowed and/or
approved by DE -LS prior to September 1, 2006.
3. North Carolina Catawba River Basin Permanent Riparian Buffer Protection Rules
— The Catawba River Basin Permanent Riparian Buffer Protection Rules have
been in effect since August 1, 2004 (a temporary rule was in effect from July 1,
2001 until July 31, 2004) in North Carolina. The temporary buffer protection rule
and now the permanent rule 15A NCAC 213.0243 requires maintaining and
protecting existing 50 -ft wide vegetated riparian (shoreline) areas along the
mainstem lake shorelines from Lake James to Lake Wylie. This rule does not
require establishment of new buffers unless the existing use in the buffer area
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changes. The footprints of existing uses such as agriculture, buildings,
commercial and other facilities, maintained lawns, and utility lines are exempt.
Within this 50 ft of buffer, the first 30 ft closest to the water, referred to as Zone 1,
is to remain undisturbed with the exception of certain activities. The outer 20 ft,
referred to as Zone 2, must be vegetated, but certain additional uses are allowed.
4. Local Riparian Buffer Ordinances — All local governments that have land use
authority along the mainstem of the Catawba River may adopt local riparian
buffer ordinances. These local riparian buffer ordinances in North Carolina may
be approved by the NCDENR- Division of Water Quality if it is determined by the
Division that the local ordinances provide equal to or greater protection for water
quality than the Catawba River Riparian Buffer Rule. Buffer regulations in South
Carolina are governed by local ordinance.
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GLOSSARY
Activity — Any occupancy or use of lands and waters within the Project Boundaries or
Duke Energy -owned peripheral strip.
Annual Average Capacity — A term used in conjunction with water intakes and
wastewater effluent discharges to refer to the raw water withdrawal rate or wastewater
discharge rate, both of which are expressed in million gallons per day (MGD) that the
facility would have to operate at continuously for the calendar year in question to
withdraw or discharge a given total volume of water. (Note: See differences between
annual peak capacity and ultimate capacity.)
Annual Peak Capacity — A term used in conjunction with water intakes and wastewater
effluent discharges to refer to the highest instantaneous raw water withdrawal rate or
wastewater discharge rate, both of which are expressed in million gallons per day (MGD)
that the facility will reach in a given calendar year. (Note: See differences between
annual average capacity and ultimate capacity.)
Application — A Duke Energy form upon which the applicant describes and officially
requests a given lake use. Each permitting program will typically have one or more
application forms.
Area of Potential Effect — Term used when considering potential lake use activity effects
on historic and archaeological resources and describing the geographic area or areas
within which an undertaking may cause changes in the character or use of historic
properties, if any such properties exist.
Boat Cover — A structurally simple device (i.e., frame) with an outer -woven fabric cover
that conforms specifically to the size (i.e., length, width, and height) of a single
watercraft.
Boat house/Covered Boat Slip — A floating, single -story roofed structure with open sides
and designed for long-term or temporary watercraft storage. (Note: In the past,
boathouses could also have enclosed sides, but this practice is no longer authorized.)
Boat ramp/Marine Railway — An inclined structure extending from the shoreline into the
lake for the purpose of launching and retrieving watercraft.
Boat Shelter — A non -floating, single -story roofed structure with open sides and designed
for long-term or temporary watercraft storage. (Note: In the past, boat shelters could
also have enclosed sides, but this practice is no longer authorized.)
Boat Slip — Also referred to simply as a slip, it is an unroofed structure designed for
temporary or long-term watercraft storage. A boat slip is normally 10 ft wide by 20 ft
long and confined by at least three sides; however, other sizes do exist and fewer than
three sides may be confined. Boat slip is synonymous with the term "boat docking
location" and means one boat slip can accommodate only one watercraft at a time.
Boat Lift/hoist — A mooring device that lifts the watercraft above the lake level normally
utilizing buoyant pontoons or a series of cables and winches. By definition, the area
where the boatlift/hoist is located is also considered a boat slip.
Build -out Period — Time period allowed to complete construction, excavation or shoreline
stabilization work under an approved Duke Energy lake use permit. The build -out period
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begins with the date of application approval by DE -LS and ends with the last date of any
approved time extensions.
Business/Industrial Access — Lake access that directly supports a privately -owned
industrial or commercial business, but which has little to no effect on boating. Examples
include, but are not limited to, water intakes and discharges for factories, sand mining
operations, certain utility connections, plant/business access roads, and commercial
business staging areas.
Catawba-Wateree Hydroelectric Project — A hydroelectric project (also referred to simply
as the Project) located on the Catawba and Wateree rivers and their tributaries in North
Carolina and South Carolina. The Project consists of 11 hydroelectric developments,
each having a reservoir formed by one or more dams and one or more hydroelectric
stations. The Project is operated pursuant to a license issued by the FERC (FERC
Project No. 2232).
Causeway — A raised road crossing a ravine, stream, or portion of a lake on which soil
and/or rock are placed to build up the roadbed to a point where surface water will not
typically over -top the road. Culvert pipes are typically used to allow surface water to
pass under/through the road.
Commercial Marina Facility — A shoreline classification and the related business
operation that involves the non -project use of project lands and waters for facilities
where boats can be launched, retrieved, or moored and where provisions for food
services or convenience retailing, including petroleum dispensing, wet and dry storage of
watercraft, and other activities customarily associated with marinas and yacht clubs are
made. (Note: See Glossary for definitions of True Public Marina, Residential Marina,
Project Use, and non -project use to differentiate between the different types and uses of
marinas.)
Common -Use Facility — A shared boat dock or other recreational facility that can
accommodate no more than 10 watercraft at a time and is intended to serve only the
owners or leaseholders of private, project -front lots. (Note: Common -Use Facilities may
not serve off -water lots or any lot containing a multi -family dwelling.)
Conveyance — The granting of rights for the use of Project lands and waters under a
given set of conditions. Duke Energy may use easements, rights-of-way, leases, certain
types of user's agreements/permits, or fee title transfers to grant these rights.
Cove Width — Horizontal length of the shortest imaginary line extending from the full
pond contour on one side of a cove and connecting to the full pond contour on the
opposite side of the cove. Except for constricted coves, the cove width will not decrease
as one moves from the head (i.e., closed end) of the cove to its mouth (i.e., open end).
Critical Reservoir Elevation (CRE) — Unless it is otherwise stated as applying only to a
specific intake or type of intake, the Critical Reservoir Elevation is the highest level of
water in a reservoir (measured in feet above Mean Sea Level (msl) or feet relative to the
full pond contour with 100.0 ft. corresponding to full pond) below which any Large Water
Intake used for Public Water Supply or industrial uses, or any regional power plant
intake located on the reservoir will not operate at its Licensee -approved capacity.
Cut-off Area — Portion of the lake that is physically cut off for navigational purposes from
the majority of the lake by a man-made structure (e.g., existing dam, causeway, low
bridge) or a natural feature when the lake is at or above its normal target operating level
during the peak recreation season.
I
Diameter at Breast Height (dbh) — The diameter of the stem of a tree measured at 4.5 ft
from the ground. On sloping ground, this measurement is taken on the uphill side.
Dock/pier — A structure for storing/mooring watercraft or providing other recreational
access to a lake (e.g., fishing).
Double Handling — The placement of excavated material within the Project Boundaries
before final removal.
Earthfill — The placement of unauthorized fill material (soil or rock) within the Project
Boundaries.
Easement — The granting or definition of certain rights in real property within the Project
Boundaries or on Duke Energy property. Easements are typically handled through the
Conveyance Program and are used to regulate activities such as utility lines, roadway
crossings, water intakes, and discharges.
Encroachment — Lake use structure or activity, which was placed/done without obtaining
the necessary permits/approvals.
Environmental Assessment (EA) — The process of examining proposed projects and
their reasonable alternatives for potential environmental impacts prior to making
decisions on implementation. The Environmental Assessment document is prepared by
the FERC staff or a DE -LS -approved contractor and evaluates the Project's merits and
no -action alternatives to determine a conclusion and make appropriate
recommendations to the FERC and/or Duke Energy concerning project approval,
disapproval, or modification.
Environmental Offset — An area measured laterally along the shoreline that extends 50 ft
from an Environmental classification. This area along the shoreline within the Project
Boundaries shall remain undisturbed and act as a buffer between the Environmental
classification and any future lake use permitting activities except for maintenance and
access to previously approved facilities.
Environmentally -Important Areas — Areas along the shoreline within the Project
Boundaries that provide important habitat for fish and wildlife. These areas may have
additional lake use restrictions because of their unique character.
Excavation/Dredging — Removal of soil or rock material, either by hand or with
mechanized equipment, from within the Project Boundaries by permit only.
FERC — Federal Energy Regulatory Commission. The FERC is responsible for licensing
and ensuring regulatory compliance for the nation's non-federal hydropower projects.
Facility — A structure or combination of structures that is/are placed within the Project
Boundaries by the applicant.
Facility Emergency Repair — The immediate and major repair of an existing facility to
prevent imminent loss of personnel property, human life, or a major environmental
incident. The need for a facility emergency repair will typically arise from catastrophic
structural failure and the risks are too great to afford going through normal lake use
permitting channels. (Note: Facility owners must notify DE -LS personnel in a timely
manner following an emergency repair. Only those repairs needed to stabilize the
situation and remove the immediate risks are considered emergency repairs. Any
additional modifications or modifications that are not done immediately must go through
required permitting channels.)
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Facility Expansion — The modification of an existing facility that results in an increase of
its lakeward extension, increases in calculated square footage, an increase in the
number of boats it can accommodate, increases in water quantities withdrawn from or
discharged to the Project, or an increase in the amount of Project area leased. (Note:
The addition of an uncovered boatlift/hoist within a previously approved slip is not
considered an expansion.)
Facility Maintenance — The ongoing minor repair of an existing permitted facility (i.e.,
structure or combination of structures) that does not involve repair of more than 25% of a
primary component or any combination of primary components (e.g., decking, joists,
roof, rafters) with each individual component at or less than 25% or complete repair of
one single primary component (e.g., decking, joists, roof, rafters) of that facility in any
amount or complete repair of one single structure (e.g., boathouse, float, stationary pier)
in a multi -structure facility, within a calendar year. Replacement of flotation and pilings,
in any amount, is considered maintenance. (Note: Maintenance activities are minor in
nature compared to rebuilds, and require application and written authorization from DE -
LS prior to initiation.)
If a primary component or any combination of primary components (with each individual
component at or less than 25 %) becomes in such a state of disrepair that more than
25% repair or complete repair of more than one single component or complete repair of
one single structure in a multi -structure facility within a calendar year is the only practical
alternative, then the work would be considered a rebuild and not maintenance. (Note: Of
the three types of facility modification —expansion, maintenance, and rebuild— Facility
Maintenance is the most minor in nature.)
Facility Rebuild — The total replacement of an existing, permitted facility or replacement
of more than 25% of a primary component (e.g., decking, joists, roof, rafters) when
rebuilding a single component (or any combination of components when rebuilding more
than one component of an existing permitted facility) or any other repair or replacement
of the facility if a single structure in a multi -structure facility is replaced within a calendar
year.
Facility Reconfiguration — The modification of an existing facility that is not considered a
Facility Expansion but merely a rearrangement of the orientation of the combination of
structures that comprise a permitted facility. Reconfiguration is only allowed with
permitted facilities that comply with the current guidelines in effect at the time of the
proposed reconfiguration. (Note: Reconfiguration requests are considered to be minor in
nature and similar to Facility Maintenance. However, since on-site inspections are
required for reconfiguration requests, the same fees will apply as those charged for a
Facility Rebuild.)
Facility Reduction — The removal of any portion of a permitted facility from within the
Project Boundaries. (Note: The reduction must be approved in writing by DE -LS and
does not require the entire facility to comply with the guidelines in effect at the time of
reduction for non -conforming facilities.)
Fee — A dollar amount paid by the applicant or lake user to Duke Energy to help offset
Duke Energy's costs for operating a comprehensive lake management program.
Float — A floating platform for use by swimmers or for docking watercraft, which is
attached to a permitted structure.
Flood Easement — An easement (typically covering 10 or more ft vertical above full pond
elevation) that is reserved on a tract -by -tract basis to protect Duke Energy from liability
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claims following high water events and to reserve certain rights necessary for operation
of the company's electric business.
Full Pond Elevation — The elevation, measured in feet above mean sea level (ft msl), of
the top of a lake's spillway or the top of the floodgates (if applicable).
Historic Property (HP) — Any prehistoric or historic district, site, building, structure, or
object included in, or eligible for inclusion in, the National Register of Historic Places.
Houseboat — Watercraft equipped with facilities customarily found necessary to support
human habitation (e.g., enclosed cabin, restroom, sink, or shower, sleeping facility).
Implicit Uses — Lake uses that are implied parts of Duke Energy's lake access
philosophy and therefore do not require any specific written approval from Duke Energy
(see Section 7A.).
Individual Private Facility — A facility that provides access to the lake for the owner of a
single, project -front lot. Individual private facilities may include, but are not limited to,
piers, docks, boathouses, boat shelters, floats, boat slips, existing boat ramps, and
marine railways. (Note: Individual private facilities may not serve multiple project -front
lots, off -water lots, or any lot containing a multi -family dwelling.)
Lake Access Service Programs — Broad-based Duke Energy programs that are needed
as a result of allowed lake access or that directly benefit lake users (e.g., lake use
permitting programs, mosquito and aquatic weed control programs, lake facility
operation and maintenance programs, shoreline management and public recreation
planning programs, public safety programs, dam repair programs).
Lake Access — Ability to use land or water within the Project Boundaries or Duke
Energy -owned peripheral strip of a Duke Energy lake. Uses include, but are not limited
to, piers, existing boat ramps and marine railways, mooring buoys, boathouses, boat
shelters, boatlifts, marinas, utility line, roadway and other infrastructure rights-of-way,
excavation areas, shoreline stabilization devices, beaches, water intakes, wastewater
discharges, boating access areas, bankfishing areas, public parks, trails, and sand
mining operations.
Lake Use Permit Request — A written request from any party requesting written
authorization from Duke Energy (i.e., a permit) to use land or water within the full pond
contour, Project Boundaries, or Duke Energy -owned peripheral strip of a Duke Energy
lake.
Large Water Intake — Any water intake (e.g., public water supply, industrial, agricultural,
power plant, etc.) having a maximum instantaneous capacity greater than or equal to
one Million Gallons per Day (MGD) that withdraws water from the Catawba-Wateree
River Basin..
Licensee — The entity holding a hydroelectric project's operating license from the FERC
at any given time. As of July 2006, the Licensee for the Catawba-Wateree Hydro Project
(FERC No. 2232) and the Keowee-Toxaway Hydro Project (FERC No. 2503) is Duke
Power Company LLC, doing business as Duke Energy Carolinas, LLC.
Low Inflow Protocol (LIP) — The written protocol (see Appendix C: Low Inflow Protocol)
that provides procedures for how the Project will be operated by the Licensee and how
other water users should respond during low inflow periods. The LIP was developed on
the basis that all parties with interests in water quantity will reduce their water
consumption as needed and therefore share the responsibility of conserving the limited
water supply. The LIP also identifies communications channels to help coordinate
between water users.
Maintenance Excavation — The removal of accumulated sand/sediments, needed to
restore the necessary water depth to allow the continued use of a previously approved
lake use activity (not including facility expansion).
Marine Railway — An inclined structure consisting of a combination of tracks and a
cradle, normally extending from a boathouse or boat shelter, for the purpose of
launching and retrieving watercraft.
Minimum Lease/Easement Area — The conveyed area typically associated with leases or
easements of Project property that includes the minimum area necessary for boating
access. This maneuvering area consists of 2 times the slip length at the point of slip
ingress/egress and 15 ft along all other sides of the facility.
Mitigation — Actions required of the applicant/lake user for a proposed activity to offset
the activity's impacts and to ensure the lake's scenic, environmental, recreational, and
cultural values are protected and enhanced. (Note: Applicants/lake users should first
seek to avoid any such impacts. If complete avoidance is not feasible or practicable,
then redesigns should be explored to minimize impacts before mitigation is considered.)
Non -Conforming Structure — An existing, previously permitted lake structure that does
not comply with later revisions of the SMG or other permitting policies.
Non -Project Uses — Term used by the FERC to identify all uses of FERC Project land
and water except those directly associated with the hydro station, the lake's dams and
flow diversion devices, and the license -required uses (e.g., specific public recreational
and environmental enhancements).
Normal Drawdown — The vertical distance in feet from the full pond elevation to the
lowest lake elevation that is normally targeted in a calendar year. (Note: The actual,
lowest lake level reached in a given year may vary significantly from the normal
drawdown target due to a number of factors including, but not limited to, weather
conditions and electricity demand.)
Normal Full Pond Elevation — Also referred to simply as full pond, this is the level of a
reservoir that corresponds to the point at which water would first begin to spill from the
reservoir's dam(s) if the licensee took no action. This level corresponds to the lowest
point along the top of the spillway (including flashboards) for reservoirs without
floodgates and to the lowest point along the top of the floodgates for reservoirs that have
them. To avoid confusion among the many reservoirs the licensee operates; it has
adopted the practice of referring to the Full Pond Elevation for all of its reservoirs as
equal to 100.0 ft relative.
Normal Maximum Elevation — The level of a reservoir, measured in feet above mean sea
level (ft msl) or feet relative to the full pond contour with 100.0 ft corresponding to full
pond, that defines the top of the reservoir's Normal Operating Range for a given day of
the year. If inflows and outflows to the reservoir are kept within some reasonable range
of the average or expected amounts, hydroelectric project equipment is operating
properly, and no protocols for abnormal conditions have been implemented, reservoir
level excursions above the Normal Maximum Elevation should not occur.
Normal Minimum Elevation — The level of a reservoir, measured in feet above mean sea
level (ft msl) or feet relative to the full pond contour with 100.0 ft corresponding to full
pond, that defines the bottom of the reservoir's Normal Operating Range for a given day
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of the year. If inflows and outflows to the reservoir are kept within some reasonable
range of the average or expected amounts, hydroelectric project equipment is operating
properly, and no protocols for abnormal conditions have been implemented, reservoir
level excursions below the Normal Minimum Elevation should not occur.
Normal Operating Range for Lake Levels — The band of reservoir levels within which the
Licensee normally attempts to maintain a given reservoir that it operates on a given day.
Each reservoir has its own specific Normal Operating Range, and that range is bounded
by a Normal Maximum Elevation and a Normal Minimum Elevation. If inflows and
outflows to the reservoir are kept within some reasonable range of the average or
expected amounts, hydroelectric project equipment is operating properly, and no
protocols for abnormal conditions have been implemented, reservoir level excursions
outside of the Normal Operating Range should not occur.
Off -water Lot — A tract of land that is defined by a registered survey plat and that does
not have a common boundary with the full pond elevation contour, the Project
Boundaries, or the Duke Energy -owned peripheral strip bordering a Duke Energy lake.
Peripheral Strip — Also referred to as the shoreline strip, it is the strip of Duke Energy -
owned land adjoining and lying above the full pond elevation of some Duke Energy
lakes. In certain areas there may be little to no peripheral strip, whereas in others, such
as portions of Belews Lake and Lakes Keowee and Jocassee, the peripheral strip may
extend to a contour 10 to 15 vertical ft or more above full pond elevation. Except for the
implicit uses, all uses of land and water within the peripheral strip must be authorized by
Duke Energy.
Permanent Water Intake — Any intake (e.g., power plant, public water supply, industrial)
that is used as a primary means of transporting water to immobile processing facilities.
Permit — The written authorization from Duke Energy that is required prior to beginning
any construction, excavation, shoreline stabilization, vegetation removal, or activating a
conveyance within the full pond contour, Project Boundaries, or Duke Energy -owned
peripheral strip of a Duke Energy lake.
Pier Zone — A planning tool used by some real estate developers to aid property owners
in defining an area in which water-based facilities may be constructed. Where they exist,
these pier zones will often be incorporated into subdivision covenants. The use of pier
zones does not supersede the requirements of the applicable SMG criteria, ordinances,
or regulations (e.g., General Permits in South Carolina and county requirements limiting
crossing of projected property lines, pier lengths). Duke Energy also does not handle
enforcement of pier zones and the presence of a pier zone does not guarantee any form
of lake access will actually be approved by Duke Energy.
Power Line Rights -of -Way — Strip of land identified by an easement, fee -simple deed
description, or other means that contains or is planned to contain any type of power line.
Examples of power lines include transmission, distribution, and retail lines (both Duke
Energy and non -Duke Energy, overhead and underground) for transmitting electric
power, cable TV lines, telephone lines, telegraph lines, railroad signal lines, or any type
of line that carries electric power.
Private Access — Lake access that is restricted to selected individuals according to
where they live, where they work, membership in a specific club, etc. Examples include,
but are not limited to, Individual Private Facilities, common -use facilities, slips in
Residential Marina Facilities, slips in marinas developed for clubs, recreation areas for
employees of a specific company, slips for non -transient campgrounds (i.e., rent for
more than 14 days), heat exchange coil zones for heat pumps, and private roadways.
Private Roadway — Any combination of roads, causeways, bridges, etc. that do not meet
the requirements of a public roadway.
Project Boundaries — The area surrounding hydroelectric project facilities and features
necessary to operate the Project as delineated in Exhibit F, G or K of the FERC license.
Project -front Lot — A tract of land that is defined by a registered survey plat and that has
a common boundary with the full pond elevation contour, the Project Boundaries, or the
Duke Energy -owned peripheral strip bordering a Duke Energy lake.
Project Uses — A term used in conjunction with FERC licensed projects to include those
uses of FERC Project land and water that are required for construction, operation and
maintenance of the Project's dam(s), powerhouse(s), electric transmission facilities
(typically powerhouse to and including the tie station), and any facilities required to meet
the Project's licensing commitments for recreation and wildlife management. Project
uses are considered mandatory by the FERC and other uses must not be allowed to
impair them.
Property Reclamation — Adding significant fill material, beyond the customary minimum
amount of backfilling necessary for a Duke Energy -permitted shoreline stabilization
activity, to re-establish dry land in areas where shoreline erosion has caused the loss of
dry land owned by adjoining property owners.
Public Entity — Agency, organization, department, etc. that is charged with providing
services and/or maintaining basic facilities for the general public.
Public Infrastructure Access — Non -recreational lake access that directly supports
regional public infrastructure needs. Examples include, but are not limited to, county,
municipal, or utility water intakes and discharges, public roadway, and utility line rights-
of-way, railroad crossings, boat mooring/launching facilities for emergency response
activities and for state and local law enforcement support.
Public Recreational Access — Lake access that provides for the operation and
management of recreational opportunities for the general public that directly support the
requirements of Duke Energy's FERC licenses and are not restricted to selected
individuals. Examples include, but are not limited to, Duke Energy -owned public access
areas, federal, state, and local parks and recreation areas and True Public Marinas.
Public Roadway — Any combination of roads, causeways, bridges, etc. that is required to
meet transportation needs of the general public, is open to the general public for their
use, and is maintained by a public entity.
Public Water Supply — any water delivery system owned and/or operated by any
governmental or private entity that utilizes waters from the Catawba-Wateree River
Basin for the public interest including drinking water; residential, commercial, industrial,
and institutional uses; irrigation, and/or other public uses.
Registered Survey — Scaled drawing, prepared and stamped by a duly licensed
Registered Land Surveyor, to provide a metes and bounds description of a particular
tract of land. (Note: A survey plat does not have to be recorded at the local Register of
Deeds Office to be considered a registered survey.)
Residential Marina Facility — A shoreline classification that involves the non -project use
of project lands and waters for facilities where watercraft can be launched, retrieved, or
1 :•
moored for the purpose of providing access to the lake for certain residential property
owners (e.g., off -water and project -front lots, non -transient campgrounds, multi -family
dwellings). Residential properties associated with this classification include townhouses,
condominiums, apartments, some campgrounds, and subdivision access lots.
Rip -Rap — Large crushed stone Class B or larger.
Seawall — Also called a retaining wall or bulkhead, a seawall is a vertical wall
constructed at or near the Project Boundaries for shoreline stabilization. Seawalls
commonly consist of treated wood, masonry, formed concrete, or sheet piling.
Security Deposit — A dollar amount paid by the applicant to Duke Energy at the time a
permit is applied for that will be refunded if the applicant complies with all permitting
program guidelines.
Shoreline Management Guidelines (SMG) — The written document that contains
conditions and limitations required for certain types of access to the Project's shoreline
properties, and also guidelines designed to meet the Licensee's regulatory
requirements, protect the Licensee's hydroelectric generation interests, protect the
scenic, cultural and environmental values of the Project's shoreline property, provide
recreational benefits to the general public, and provide a guide to adjacent property
owners on permitted uses of Project properties. The Shoreline Management Guidelines
are often provided as additional information within the Shoreline Management Plan and
provide permitting criteria that are applied on a site-specific basis.
Shoreline Management Plan (SMP) —. A written document that provides guidance to the
Licensee for implementing a comprehensive lake use permitting program to manage
uses of lands and waters within the FERC Project Boundaries. Components of the
Shoreline Management Plan may include but are not limited to programmatic
agreements for addressing specific issues, maps depicting classifications of the
shoreline of each reservoir, and lake use permitting restrictions associated with each
classification.
Shoreline Stabilization Expansion — An increase in the linear distance of shoreline
stabilized, regardless of the stabilization technique (i.e., bulkhead, rip -rap, landscape
plantings), and/or an increase in the vertical height of bulkheads.
Shoreline Stabilization Maintenance — The ongoing minor repair of existing permitted
shoreline stabilization that does not involve repair of more than 25% of a primary
component or any combination of primary components (e.g., pilings, deadmen, anchors,
blocks, boards) with each individual component at or less than 25% or complete repair of
one single primary component (e.g., pilings, deadmen, anchors, blocks, boards) of that
facility in any amount, within a calendar year. Replenishing existing rip -rap or landscape
plantings within the confines of the originally stabilized area of the bank is considered
maintenance. (Note: Maintenance activities are minor in nature compared to rebuilds,
and require application and written authorization from DE -LS prior to initiation.)
If a primary component or any combination of primary components (with each individual
component at or less than 25%) becomes in such a state of disrepair that more than
25% repair or complete repair of more than one single component within a calendar year
is the only practical alternative, then the work would be considered a rebuild and not
maintenance. (Note: Of the three types of facility modification — expansion, maintenance,
and rebuild — Facility Maintenance is the most minor in nature.)
J-90
Shoreline Stabilization Rebuild — The total replacement of existing, permitted shoreline
stabilization or replacement of more than 25% of a primary component (e.g., pilings,
deadmen, anchors, blocks, boards) when replacing more than one component of
shoreline stabilization within a calendar year.
Small Water Intake — Any water intake (e.g., public water supply, industrial, agricultural,
power plant) having a maximum instantaneous capacity less than 1 million gallons per
day (MGD).
Special Ruling — Duke Energy decision on a proposed activity that is necessary due to a
lack of applicable permitting processes, policies, or criteria or to prevent guideline
manipulation that would allow uses that violate the intent of the permitting programs.
Stop -Work Directive — Verbal or written statement from DE -LS directing an immediate
halt to an activity within the Project Boundaries or peripheral strip. Such directives are
issued when any violation of this manual is detected. Violations will have negative
consequences for the applicant and additional written authorization from DE -LS is
required before the activity can resume.
Subdivision — An area of land that has been divided into multiple residential lots.
Subdivision Access Lot — A tract of project -front property within the boundaries of a
residential subdivision that has been set aside for providing lake access for owners of
off -water and/or project -front lots.
Substantial Equity Interest — Financial interest in real property adjoining a Duke Energy
lake that significantly exceeds the value of facilities an applicant desires to place within
the Project Boundaries or on the Duke Energy -owned peripheral strip. (Note: To retain
full legal compliance avenues, Duke Energy will normally only consider lake use permit
requests from applicants who have a substantial equity interest [as determined by Duke
Energy in its sole discretion]. With few exceptions, this equity interest must be
established through fee -simple ownership of the adjoining property. Easements may be
considered as a substantial equity interest where fee -simple ownership is not customary
[e.g., for public need projects where the applicant is a public entity].)
Temporary Water Intake — Any intake (e.g., irrigation, industrial, agricultural, fire
suppression) that is used on an intermittent and/or short-term (less than one year) basis
that can have the supply line removed and/or installed in one day.
True Public Marina (TPM) — A business operation that involves the public's use of
project lands and waters for facilities where boats can be launched, retrieved or moored
and where activities customarily associated with marinas are provided to the public.
There is no predetermination of user groups for the use of awn of the land or water-
based facilities, no membership requirements, and transient services (e.g., use of the
gas dock, restrooms, or pump -out facility) do not require wet slip or dry storage rental.
Land and water-based services for transient users are provided at less than or equal to a
reasonable and customary fee. (Exception: There are existing Marina Facilities that are
characteristically operated as True Public Marinas although they allow Residential
Marina -type access on a very limited basis. These existing marinas may be afforded the
same considerations provided new True Public Marina facilities if the number of wetslips
and dry storage bays dedicated for Residential Marina -type access is <_ 10% of the total
number of wetslips and dry storage bays within the marina facility and any
considerations are approved by DE -LS. This exception only applies to the very limited
number of exiting marina facilities that meet the <_ 10% requirement as of January 1,
2006.)
J-91
Ultimate Capacity — A term used in conjunction with water intakes and wastewater
effluent discharges to refer to the maximum, instantaneous raw water withdrawal rate or
wastewater discharge rate, both of which are expressed in million gallons per day
(MGD), that the facility is designed to achieve throughout its design life. (Note: See
differences between annual average capacity and annual peak capacity.)
Utility Line Crossing — Any combination of wires, cables, or pipelines and their
associated structural supports that are used to transport energy, fuel,
telecommunications signals, water, wastewater, etc. and that fall within a common
maintenance right-of-way which crosses any part of the FERC Project Boundaries or
Duke Energy -owned peripheral strip. Examples include, but are not limited to,
transmission, distribution, and retail lines for telephone, telegraph, cable TV, railroad
signal, petroleum product, and electric utilities; water mains; and sewer lines.
Variance — Selective deviation from applicable and established permitting policies and
criteria to allow a proposed activity's approval. (Note: Except for project uses and non -
project uses for public infrastructure access, Duke Energy will not consider variance
requests from its established policies and criteria; and even then, only in cases where
there is no other feasible alternative and a variance is clearly the best option for meeting
the specific lake user needs while still preserving the DE -LS Goals and Objectives.)
Violation — Any activity within the Project Boundaries or peripheral strip that does not
comply with the requirements established by this manual.
Watercraft — A boat, personal watercraft (e.g., jet ski), or any vessel that can transport a
person on water.
Water-based Recreational Equipment — Any large recreational equipment placed within
the Project Boundaries that is not specifically designed to be used in conjunction with
watercraft. (Note: These items include, but are not limited to, trampolines, sliding and
diving boards not permanently attached to a permitted structure, blobs, > three-person
towables, and other large inflatable recreational items.)
Water Toys — Any small recreational equipment that is temporarily placed within the
Project Boundaries that is primarily used in conjunction with moving watercraft. (Note:
These items include, but are not limited to, ski and inner tubes, ski bobs, and less than
three-person towables.)
J-92
(intentionally blank)
J-93
FIGURES
List of Figures
1 Duke Energy Evaluation Process for Non -Project -Use Requests
1B-11 Location of New Commercial Marina Facilities
1 B-2 No New or Expanded Facilities within 50 -Foot Environmental Area Offset
1 B-3 Open Channel Requirements
1 B-4 No New or Expanded Marina Facilities in Narrow Coves
1 B-5 Minimum Guidance for Metes and Bounds Description of Project Area
Lease/Use Agreements for Marina Facilities
1 B-6 Open Channel Requirements for New/Expanded Marina Facility
1 B-7 Maximum Potential Buildable Area for Marina Facility
2B-1 No New or Expanded Conveyance Activities with 50 -Foot Environmental Area
Offset
2B-2 Submarine Utility Line and Intake/Outfall Requirements
2B-3 New Non -Public Construction within the FERC Project Boundary or on Any
Duke -Owned Peripheral Strip
3B-1 No New Excavation Activities
3B-2 Excavation Activities with 50 -Foot Environmental Area Offset for Existing
Permitted Facilities Only
3B-3 Guidance for Minimizing Excavations Needed for a "T" Configuration and an "I"
Configuration Facility
3B-4 Guidance for Minimizing Excavations Needed for Single -Slip and Multi -Slip
Facilities
3B-5 Guidance for Minimizing Excavations Needed for Maintenance of Single Lane
Boat Ramp
4B-1 Typical Duke Energy -Lake Services Property Line Projection
4B-2 Clear Maneuvering Distance for Navigation in Narrow Coves
4B-3 No New or Expanded Private Facilities within 50 -Foot Environmental Area
Offset
5A-1 Shoreline Stabilization Technique Selection Process
5B-2 Typical Seawall for Shoreline Stabilization
5B-3 Enhance Rip -Rap (with Boulders and Plantings)
Figure number refers first to the Section (e.g., Marina Facilities Program), second to the
Paragraph within the Section, and third to the sequential figure number within that Section.
5B-4 No New or Expanded Stabilization Activities within 50 -Foot Environmental Area
Offset
8D-1 C -W2 Viewshed Guidelines (Steep Slope)
8D-2 C -W Viewshed Guidelines (Gradual Slope)
8D -2a K -T Viewshed Guidelines
8D-3 Viewshed Examples
8D-4 Viewshed Examples
2 C -W refers to the Catawba-Wateree Hydro Project
J - 95
DUKE ENERGY EVALUATION PROCESS FOR NON -PROJECT -USE REQUESTS
Step I
Applicant initiates
request with
Lake Services
Step 2
Lake Services
reviews request in
conjunction with
Lake Use Policy
Statements (LUPS)
Written documentation
ea
to applicant
o�
0
Step 3
Applicant completes
application form and
returns to DE -LS
- Fee/Deposit Collection
- Consultation with Agencies
(if applicable)
- Attach permits/EA
(if applicable)
Non-compliant
fRequestCo.
Step 4 Lake Servicesreviews request in conjunction with
Shoreline Management
Plan (SMP) Compliant
Written documentation
to applicant denying
request
- Refund Applicable Fee/Deposit
Step 5
Lake Services
reviews request in
conjunction with
Shoreline Management
Guidelines (SMG) and
Cultural Resources
Database (CRD)
Figure 1
C -W Final Agreement Signature Copy 07-18-06 J - 96
Step 6
Step 7
Step 8
Step 9
Step 10
Return application
Lake Services
Lake Services files
Approved
Lake Services issues
Lake Services
Lake Services
to applicant
completes application
application with
Denied
permit
monitors compliance
closes out application
Corrections
Modification
review
FERC, if applicable
- Copy of FERC order
- Applicant notes DE -LS
- Database(s) updated
- Other permits in -hand
- Applicable FERC
(if applicable)
when construction is
- Security deposit returned
- Application correct
order received
- Lease/easement/users'
initiated and complete
(if applicable)
- Complies fully with
agreement executed
- Approves final structure
LUPS, SMP, SMG
(if applicable)
or
- No outstanding permitting
- Additional study cost collected
- Issue stop -work directive
or operating issues
(if applicable)
- Application Closeout Checklist
- Acceptable EA (if applicable)
- Proof of insurance (if applicable)
- Legal review
Written documentation
- Written authorization to begin
- Payment for services collected
to applicant
construction
- Application Approval Checklist
- Refund security deposit
- Copy of FERC order
(if applicable)
Step 11
Operating Programs ME
- Compliance inspections
- User fee collections
- Structural repairs/maintenance
by applicant
Figure 1
C -W Final Agreement Signature Copy 07-18-06 J - 96
LOCATION OF NEW COMMERCIAL MARINA FACILITIES
'IV
N
Proposed Facl ity
< 50% Res.
Classification
M+
Ak
tle R• Existing Facili y
112 M Proposed Fa ility
v More Than
%Mile
Compliant
C -W Final Agreement Signature Copy 07-18-06 J - 97
2
2 2 2
Proposed F ility
/A, Proposed ility
112 M�1e R' Existing Fa ility
Non -Compliant
Figure 1113-1
NO NEW OR EXPANDED FACILITIES
WITHIN 50 -FOOT ENVIRONMENTAL
AREA OFFSET
Existing Marina
50'
�1
No new facilities
50'
or expansion of existing
facilities allowed
C -W Final Agreement Signature Copy 07-18-06 J - 98
7
Figure 1B-2
OPEN CHANNEL REQUIREMEN
Lake
o °e �\d\h °C 1
c 1
VIl
\ Gove \44
oda �' 60
113 °° oper�rgl
LI
Mooring buoy
M \der oC
c°`1e
Space for mooring boat
C -W Final Agreement Signature Copy 07-18-06 1 - 99
ma
Space for mooring boat
coy
0
r�
2�f
YWI
Figure 1113-3
NO NEW OR EXPANDED MARINA
FACILITIES IN NARROW COVES �
Lake
PC3 eek
�60� °°je No new facilities or expansion o
existing facilities allowed on
cove -head side of the
point where the cove
11i �e� rrows to 300 feet or less
P
,VI , N
kL nd Full
ntour
C -W Final Agreement Signature Copy 07-18-06 1 - 100
FAr
Figure 1 B-4
MINIMUM GUIDANCE FOR METES AND BOUNDS DESCRIPTION OF
PROJECT AREA LEASES/USE AGREEMENTS FOR MARINA FACILITIES
Tract owned/le, "
C -W Final Agreement Signature Copy 07-18-06 1 - 101
ect Boundary
Figure 16-5
OPEN CHANNEL REQUIREMENTS
NEW/EXPANDING
MARINA FACI LI
`off
Lake
Lease area cannot
exceed '/2 cove width
(Facility will not be allowed)
R
1k
Figure 1B-6
C -W Final Agreement Signature Copy 07-18-06 J - 102
Tract C
Lake
nercial `.
MAXIMUM POTENTIAL
BUILDABLE AREA FOR
Tract A
Marina Facility
zz
Buildable Area
MARINA FACILITY
C -W Final Agreement Signature Copy 07-18-06 J - 103
.-.-.-._.-.-.-.-.-.-
Tract B
(Not part of the commercial
Development)
Figure 113-7
NO NEW OR EXPANDED CONVEYANCE ACTIVITIES
WITHIN 50 -FOOT ENVIRONMENTAL AREA OFFSET
Industrial Water Intake
— Environmental
Area
C -W Final Agreement Signature Copy 07-18-06 J - 104
riyui@ 26-1
SUBMARINE UTILITY LINE AND
INTAKE/OUTFALL REQUIREMENTS
Utility Line and Intake/Outfall
structure must be buried to a
depth at or below the
Critical Reservoir Elevation
and anchored to the lake bed.
Apo
�Ust b
Line must be buried a
minimum 2 feet below the lake
bed, from the Project
Boundary to a depth at or
below the Critical Reservoir
Elevation
Figure 2B-2
e burl
C -W Final Agreement Signature Copy 07-18-06 J - 105
Full Pond
Anchored
Intake/outfall
Structure
NEW NON-PUBLIC CONSTRUCTION WITHIN THE FERC PROJECT
BOUNDARY OR ON ANY DUKE -OWNED PERIPHERAL STRIP
New non-public dams and dikes
C -W Final Agreement Signature Copy 07-18-06 J - 106
NO NEW EXCAVATION ACTIVITIES
Limits of new excavation
New or existing pier/dock
— Environmental
Area
C -W Final Agreement Signature Copy 07-18-06 J - 107
Figure 3113-1
EXCAVATION ACTIVITIES WITHIN 50 -FOOT
ENVIRONMENTAL AREA OFFSET FOR EXISTING
PERMITTED
FACILITIES NLY
Limits of excavation
Existing pier/dock
F Environmental
Area
C -W Final Agreement Signature Copy 07-18-06 J - 108
rigure ses-z
GUIDANCE FOR MINIMIZING EXCAVATIONS NEEDED
FOR A "T" CONFIG. AND AN "I" CONFIG. FACILITY
Access
Channel
10 FT (MA:
TRACT OWNED/LEASED
BY APPLICANT
EXCAVATION
"T" CONFIGURATION FACILITY "I" CONFIGURATION FACILITY
Figure 36-3
C -W Final Agreement Signature Copy 07-18-06 1 - 109
GUIDANCE FOR MINIMIZING EXCAVATIONS NEEDED
FOR SINGLE -SLIP AND MULTI -SLIP FACILITIES
Access
Channel
10 FT (MAX.).
TRACT OWNED/LEASED
BY APPLICANT
EXCAVATION
AREA
Note:
Unless specified lo -n
pplicati(
to extend 10' ma either
SINGLE -SLIP FACILITIES
Access
Channel
10 FT (MAX.
C -W Final Agreement Signature Copy 07-18-06 1 - 110
MULTI -SLIP FACILITIES
Figure 3113-4
GUIDANCE FOR MINIMIZING EXCAVATIONS NEEDED
FOR MAINTENANCE OF SINGLE LANE BOAT RAMP
EXCAVATION
AREA "
10 TT. (MAX.)
TRACT OWNED/LEASED
BY APPLICANT
Access
Channel
10 FT (MAX.)
SINGLE LANE BOAT RAMP
C -W Final Agreement Signature Copy 07-18-06 1 - 111
1111121111
Figure 313-5
TYPICAL DUKE ENERGY -LAKE
SERVICES PROPERTY LINE
PROJECTION
Lot •
Property
••'
Corner• -
Lot i
Project
Boundary Projected
Property line
Buildable
A
..• -
A - Lot C
(NOTE: Local ordinances may provide an alternative property line projection methodology) Figure 4B-1
C -W Final Agreement Signature Copy 07-18-06 J - 112
CLEAR MANEUVERING
DISTANCE FOR NAVIGATION
N NARROW COVES �,�'`
.Z
Full Pond
Contour
11 JQ'
Lot A
0
/Acceptable
Proposed
/ Pier
n
�w
Existing
Pier
h
JQi O
C
Lot B
No new or expanding piers
once the cove width
is less than or equal to 25'
C -W Final Agreement Signature Copy 07-18-06 J-113
Figure 4113-2
NO NEW OR EXPANDED PRIVATE FACILITIES WITHIN
50 -FOOT ENVIRONMENTAL AREA OFFSET
New or expanding private facili_._
�61M,MIIPN,1111mi"
Avironmental
Area
C -W Final Agreement Signature Copy 07-18-06 J - 114
Figure 4B-3
SHORELINE STABILIZATION TECHNIQUE SELECTION PROCESS
Shoreline
Stabilization
Application
Is the bank
height less than
-� 3 feet? /
Applicant can use
hardening structures.
Seawalls not allowed.
Project area
classification
Is the bank
height less than
2 feet? /
Applicant can only
use bioengineering
and enhanced rip rap.
No seawalls or
\ simple rip rap.
Environmental
Is the bank
height less than
3 feet? /
Mitigation requirements
determined by state
wildlife agency.
C -W Final Agreement Signature Copy 07-18-06 J - 115
Stabilization not
allowed
Review/approval and potential mitigation.
No stabilization allowed in
IMZs from March - June to
limit impacts to fish spawning
Requires state wildlife agency
(e.g., NCWRC, SCDNR)
Applicant can use
hardening structures.
Mitigation requirements
determined by state
wildlife agency.
Figure 5A-1
TYPICAL SEAWALL FOR SHORELINE STABILIZATION
Note: Rip -Rap Class B or larger must be
placed along the base of all seawalls and
extend a minimum of 6 feet.
2'-3' Average
Distance
C -W Final Agreement Signature Copy 07-18-06 J - 116
ti- _ `-
- _
ENHANCED RIP -RAP (WITH BOULDERS AND PLANTINGS)
Figure 5113-3
C -W Final Agreement Signature Copy 07-18-06 J - 117
NO NEW OR EXPANDED STABILIZATION ACTIVITIES WITHIN
50 -FOOT ENVIRONMENTAL AREA OFFSET
8 \0 ��
Stabilization
allowed outside
50' offset
IZ-
No new or expanding stabilization activities
4e
4o
?e
Environmental
Area
C -W Final Agreement Signature Copy 07-18-06 J - 118
Figure 513-4
��t�I�JI��i1E��:f��I�3�jl�l��l►1�
Lot (STEEP SLOPE)
Property Line „C},
Property
Corner —
s
Lot
-
L
IPL
Lot I�
"App
Property
PLAN MEW Corner
Adjoining
Property
Owner
Figure 8D-1
SIDE VIEW
C -W Final Agreement Signature Copy 07-18-06 J - 119
Lake
S Vegetation Requirements
Full Pond
Full Pond
Contour
Normal Lake
La
Elevation (Varies)
C -W VIEWSHED GUIDELINES
(GRADUAL SLOPE)
Property Line Lot
Property ole
c�
corner cep
-- -- - `Q" � Viewshed Corridor
(Minimal Clearing/Pruning)
00
Lot ---------_ _ � �
"B"
�E
of
Lot _
«A» Property
�w
corner
PLAN VIEW
Buffer Regulated by State or Local Governments
Adjoining
Property
Owner .�
Figure 8D-2
SIDE VIEW
DE -LS Vegetation Requirements
-- Full Pond
Full Pond
1 Contour
Normal Lake
Elevation (Varies)
--�.---- _------------------------
- Viewshed Corridor
(Minimal Clearing/Pruning)
C -W Final Agreement Signature Copy 07-18-06 J - 120
Lake
Property Line Lot
C.
as
o1T
Lot
K -T VIEWSHED GUIDELINES
�a
Peripheral ProPertYo
-..DP_LS jVoc
Lot
"A„ Viewshed Created and- ---_--
MaintainedwithWritten---_____ -
Authorization from DP -LS
PLAN VIEW
1,7- Viewshed Created and Maintained with
Written Authorization from DP -LS
R
Adjoining props
oK'nerrty rr✓�
Property Corner
Project Boundary
Figure 8D -2a
III 19140 1 AIA
C -W Final Agreement Signature Copy 07-18-06 J - 121
Elevation (Varies)
IRV
VIEWSHED EXAMPLES
ACCEPTABLE
UNACCEPTABLE Figure 8D-4
C -W Final Agreement Signature Copy 07-18-06 J - 123
Catawba-Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
(intentionally blank)
C -W Final Agreement Signature Copy 07-18-06 J - 124
Catawba-Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
TRUE PUBLIC MARINA REQUIREMENTS
The following information will be used to determine the classification of marinas at the
projects. To be classified as a True Public Marina, the facility must meet all of the
requirements in sections 1 - 3. Section 4 identifies the application fee and security
deposit to be paid.
No predetermination of user groups for any of the existing or proposed land and
water-based facilities.
a. No Residential Marina Facility access (existing or proposed) except those
existing marina facilities that are characteristically operated as True Public
Marinas although they allow Residential Marina -type access on a very limited
basis. These existing marinas may be afforded the same considerations
provided new True Public Marina facilities if the number of wetslips and dry
storage bays dedicated for Residential Marina -type access is < 10% of the
total number of wetslips and dry storage bays within the marina facility and
any considerations are approved by DE -LS. This exception only applies to
the very limited number of existing marina facilities that meet the < 10%
requirement as of 1/1/06.
b. No membership requirements
c. Transient services do not require wet or dry storage rental
2. Existing and/or proposed facilities will provide land and water based recreation
services for transient users at less than or equal to a reasonable and customary
fee.
a. Services are available for transient users
b. Offers services for lake and land based users
3. Provides publicly available marine pump -out and restroom facilities.
4. Application filing fee and security deposit reductions
a. If adding only the following type of facilities; courtesy dock, hiking trail, wildlife
viewing , gas dock, fishing pier, boat ramp, swimming area, beach, boat
repair/servicing, public restrooms or any other truly public service, then the
application fee and security deposit will be reduced by 100%.
b. If adding facilities that will be rented for greater than 14 days, but less than or
equal to 365 days, there will be a 50% reduction in the application fee and
security deposit.
c. If the plan is the same as b., but also includes adding more types of items in
2 a., then the application fee and security deposit will be reduced by 100%.
C -W Final Agreement Signature Copy 07-18-06 J - 125
Catawba-Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
(intentionally blank)
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Catawba-Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
SHORELINE STABILIZATION TECHNIQUE SELECTION
PROCESS
General Conditions
1. All seawalls must have Class B or larger rip -rap extending 6 feet lakeward from
the base.
2. Considering current lake level operating targets and variability and the desire to
prevent unnecessary impacts, rip -rap must be confined to the area between 6
feet below full pond elevation and no more than one foot above full pond
elevation to the maximum practicable extent. Potential exceptions include areas
where entire placement is above the FERC Project Boundary, where banks are
already eroded above the full pond elevation or where severely eroded banks
must be sloped back or terraced to provide minimum bank stability.
3. Seawalls are not allowed in areas with an average eroded bank height of less
than 3 feet.
4. Proposals for stabilization where bank height is less than 2 feet can use
approved bioengineering techniques and enhanced rip -rap techniques only.
5. The bank height is the average height of the eroded shoreline (measured from
the original lake bed to the top of the eroded bank) in the area to be stabilized.
6. Bio -engineering is a stabilization approach that uses natural and living material.
7. Bio -Bioengineering techniques may include use of rip -rap with live stakes, rock
filled gabions, live staked crib walls, biologs, and numerous other approaches.
8. Applicants can use bioengineering, rip -rap, seawalls or any combination of
stabilization techniques where use of hardening structures are allowed.
9. Stabilization in an IMZ requires review/approval by the applicable state wildlife
agency and reasonable mitigation requirements as determined through
consultation with the state wildlife agencies.
10. Stabilization is not allowed from March 1 through June 30 in areas identified as
IMZs in the SMP.
11. New or expanded stabilization activities (excluding bioengineering) may not be
undertaken within the 50 -foot Environmental Offset associated with an
Environmental classification in the SMP.
12. Stabilization of eroded banks that are 3 feet in height or higher may be
considered for bank reshaping by either cut or fill techniques provided:
a. The stabilized bank uses a combination of rip -rap (not installed any higher
than one foot above full pond) and bioengineering techniques;
b. The cut or filled area, above the height of the rip -rap, is stabilized using
vegetation in density and composition similar to other naturally vegetated
areas in the vicinity of the stabilized shoreline;
c. The toe of the rip -rap is vegetated if the lower limit of the rock provides a
stable beach -shelf at an elevation 2-4 feet below full pond;
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Catawba-Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
d. The work can be conducted in accordance with all applicable buffer
regulations; and
e. The amount of cut or fill does not substantially alter the full pond contour, is
strictly limited to only that necessary to provide a stable angle for rip -rap and
revegetation, and is specifically quantified in the written authorization from
DE -LS for the project.
13. Stabilization in areas classified as Natural, due to the presence of significant
cultural resources, should not have artifacts impacted by using any shoreline
stabilization techniques.
14. Applicants are encouraged to avoid activities (including stabilization) that could
have an adverse impact upon existing water willow beds. Rip -rap installed below
the normal lake level elevation and associated with water willow beds must be
limited to one layer deep to allow spaces between the stone for water willow
recruitment.
C -W Final Agreement Signature Copy 07-18-06 J - 128
Catawba-Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
SHORELINE STABILIZATION TECHNIQUE SELECTION PROCESS
_ Environmental Stabilization not
Bottomland Hardwood allOWed
Shoreline
Stabilization Project area IM Rev ew/approval and potential mitigation.
Application classification
No stabilization allowed in
IMZs from March - June to
limit impacts to fish spawning.
Othe Requires state wildlife agency
(e.g., NCWRC, SCDNR)
Is the bank
height less than
2 feet?
Is the bank
height less than
3 feet? /
Applicant can use +
hardening structures.
(and
pplicant can only
se bioengineering
Seawalls not allowed. enhanced rip rap.
No seawalls or
simple rip rap.
Is the bank
height less than
3 feet? /
Mitigation requirements
determined by state
wildlife agency.
C -W Final Agreement Signature Copy 07-18-06 J - 129
Applicant can use
hardening structures.
Mitigation requirements
determined by state
wildlife agency.
Figure 5A-1
Catawba-Wateree Project (FERC No. 2232)
Comprehensive Relicensing Agreement
(intentionally blank)
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