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HomeMy WebLinkAbout20181304 Ver 1_Shoreline Stabilization_20180925•t N' Water Resources ENVIRONMENTAL QUALITY State of North Carolina Department of Environment and Natural Resources Division of Water Resources 15A NCAC 02H.0500 — Shoreline Stabilization FORM: SSGP 02-2017 Shoreline Stabilization Application Form 2 0 1 8 1 3 0 4 Three copies of the application (including attachments) and the application fee should be sent to: If sending via US Postal Service If sending via delivery service (UPS. FedEx, etc.) Karen Higgins Karen Higgins DWR-401 & Buffer Permitting Branch DWR-401 & Buffer Permitting Branch 1617 Mait Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 Raleigh, NC 27604 rtft A. Applicant Information f 15 NCAC 02H .0502(a)] 1. Owner Informatio Name: Mailing Address: SFP 2 2018 ti Telephone Number: rl Fax Number: E-mail Address: t PQ.k7� OL %kc e i. ,r o 0 0 2. Agent/ Contact Person information A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signed this application form. (A form can be downloaded here: http://www saw usace army mil/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTHORI ZATION FORM, pdf) f (� Name:7 o� V�c3,.s Company Affiliation: �. Mailing Address: 1 `1 ,, CC 0 1V -Q, • -u4'0t Telepffane Number: 49 5 - Fax Number: E-mail Address: B. Project Information f 15 NCAC 02H .0502(a) & (b)] 1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. 2. Provide a detailed site pfan showing property boundaries and proposed locations of vegetation clearing, buildings, retaining walls, docks, impervious surfaces, rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the diagram provided at the end of this application form. FORM: SSGP 02-2017 Page 1 of 3 l 3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort a yard stick, shovel handle, etc.) 4. Location 1of the property (where work is to be conducted) County: Nearest Town: Lake/ river/ ocean adjacent to property: C. Property size (acres): O b Subdivision name or site address (include phase/lot number): io O XRI`c\ C,R"AS s . DireQns to s to- pleas includ oad�a es,�nn�um sr�, ranarrew. ,ala/�c a '11..1Cbs �1�al�M• Ow ' w �s N Mw �r�1.T Ts ate. Mhk. +d. �w�i► �Wtw d 2.31 %:. «.an aS� CW . �� wi. 'P►vri wr.es Gr - tN � o Zq �� e w �. Latitude (in decimal degrees) 35. `� $ 5 Longitude (decimal degrees) - • 3 to 5. Describe the existing land use or condition of the site at the time of this application (residential, undeveloped, etc.): 'Re_& 6. Describe proposed work (includeeiscu on as to how hardening shoreline has been av ided, or why it is necessary): _ a� �-� �rS P ' "` f' -P. t— eross6vl. 7. Will work be conducted from land? 0 From water? R+'*�_ 8. Total amount of impacts bellow the normal pool lake level / Normal Water Level Permanent impacts (including all excavation, backfill, rip rap, retaining walls, etc.) in square feet: I ' G C Loo 4 /JrJV fncI pod ( / ro 'SF Temporary impacts in square feet: - LY ec7 s �/v �cr►.�vVCv'� 9. Total amount of impacts above the normal pool lake level / Normal Water Level and 50 feet land -ward Permanent impacts (including back fill, excavation, rip rap, retaining watts, etc.) in square feet: App,,t At ro Sr - Temporary impacts (temporary clearing, construction corridor) in square feet: 10. Please describe the vegetation above the normal pool lake level% Normal Water Level andAO feet landward to be impacted (number of trees, for instance): o✓&S CVOS4Or%J Zve-i C�uuo L r eft 11. Signature FORM: SSCP 02-2017 �!u ! -r fmQPoc� �� V ee S r Sr©,s S or �t,e•� er. Page 2 of 3 Se�rL. Owner/Agent's Signatu (15A NCAC 02H .0502(f)] Date Agent's signature is valid only if an authorization letter from the owner is provided_ 12. Please approximately sketch the following information on this plan and provide dimensions for each item: a. All proposed vegetation clearing b. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation C. Location of rip rap or fill to be placed below the Full Pond/ Normal Water levet elevation d. Location of any proposed structures such as buildings, retaining walls, docks, etc. e. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation Full Pond/ Normal Water Levu Shoreline w Lake 0 (At Full Pond/ Normal Water Level) C is EL L 0 Z i Side View- Ftdl Pond/ Normal Water Le M*15ok a d -ft • tF�assay FORM: SSGP 02-2017 Plan View Lake 10i10' Lake r c�� •=�—t AMP.UE 3ftx150ft /S-O'ST _t ,4Y 5-z> SF Page 3 of 3 KIM CATAWBA RIPARIAN BUFFER NOTIFICATION FORM Project Name/address: ba on 0" &RA Q� "%>w • County: Owner: Print Contractor/agent: Print Signature The approval is for the purpose and design described in your application. Impacts not indicated in the application is a violation of the Buffer Rule. Site specific work should be provided in the application. [15A NCAC 02H .0506 and 15A NCAC 02B.0243(8)] Trees are not allowed to be removed from Zone 1 of the Buffer (within 30 ft of the full pond elevation), unless approved. Exception, those trees that are severely undermined along the immediate shoreline can be removed. Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)] Benching, grading in the buffer is not allowed. Excessive disturbance of ground cover. [15A NCAC 02B .0243 (6)] Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division. There are limitation on size for decks. [15A NCAC 02B.0243(4) and (6)] Work to be conducted from land must indicate an access and indicate any trees that are to be removed. The work corridor should be described. The approved access corridor shall be restored. Staging, spoil, construction material must be outside the buffer. [15A NCAC 02H .0502 and 15A NCAC 02B.0243 (4), (6), (8)] Stormwater cannot be piped or channeled for direct discharge to the lake. All constructed stormwater discharges must be at the natural elevation and discharged prior to entering the buffer directed as diffuse or sheet flow at non-erosive velocities to the lake. [15A NCAC 02B .0243(5), (6)] Acknowledgement of Notification hereby state that I have been informed of the Catawba Riparian Buffer R Any work c ucted in the buffer, not specifically stated in the application and approved by the Division of Water Resources (DWR), is a violation and subject to enforcement. Due diligence will be taken such that the construction will be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plan(s) and specification(s), and other supporting materials. Signature (owner): 0"� Date: }, � .. n, �• .:-'�y ` a i .ate r' 41 yit ludllW � w T - '�`� r �3Y� •0 9hd� t' y '., � '+ `""'' Vis, � ; W S' r t , 40" .�y✓_ _ �,A lip a it 44k04, r e Y •.. � � ih � yr � � i � . Y t ' .gip . • ' 8r r r: t ilia - 3 17 Al Aoi �k • 'ter ,- a'. '' x +. t .r This map is NOT of land survey quality and is NOT suitable for such use. Owner BENFIELD DORIS BARLOW Deferred Val $ Caldwell County Assessed Val $245,600 d 6029 GOLD CREEK 1:2,281 HICKORY, NC 28601 Calc Acreage 0.66115344 0 0.0175 0.035 0.07 mi Land Units 1 (LT) ti�TI,, ' , ' , I —I Acct Number 41218 Legal Desc 6029 3T 9? rar 0 0.03 0.06 0.12 km Parcel ID 08130A 1 29 NCPIN 2794882900 ih (1.1IA)M / September 13, 2018 Property Addr 6029 GOLD CREEK ESTATES DR r 3961 R 60`13 34 11 2900 5839 +' ■ 9888 6$38 08$• &29 7825 rrp IM` J JJ T a a' ; E$WgDR ~—SR 1887 = -_ �.N ` S �. 728 a' {i�f� 1164 ,\ 6005 8715 M II 1 a v� ,rL o W41 ? C7d 6020 ■ ■30 9888 6039 4848- 6009 _y Ia=s (I. 13A)0' .5074 3823 ■ 8803 8670 r 6034+-0 -10 0 ■ 1 599 545 5994 8t ,a ar ■ � - t1.1�1 8: dP 5582 a 8500 ea 842`8 ag Q 90 1497 s449447 P r me �', 3 r e .s' ."r ' S9S8 3 a _ 5 B:B 3490 ■ r' 33A 0049 e9 a �g, " 1. �+t 1357 W. 8327 ffi 0233 L 1327 Rsaaa 8393 8052 9a �, 8228 4{r 311 16?�° 3331 ■ 5989 ib 9391 i4 w 8 «1 ■ .p 5966 ■ ° II , 6238 ~ 60532d g 1238 S 5982 253 - 14 ■ 5454 ■ ■ 9213 ■ a� d > vy B.r Jr Ol b NMI r 517 3v ib 13 �t 60572 5978 ff a , 9123400 ■ �D /j 40� • tl.laaa 624? 8250 62. 2 Al , 49 2150 59 ae ,+ 6059 a 0029 �5 3180 �y 80 78 6063 � e ■ 56 ■ i2 701',` 5696 22 0 ` 9064 1043 1747 {j X068 / 5477 031 'b 5895 a yr >b This map is NOT of land survey quality and is NOT suitable for such use. Owner BENFIELD DORIS BARLOW Deferred Val $ Caldwell County Assessed Val $245,600 6029 GOLD CREEK 1:2,281 HICKORY, NC 28601 Calc Acreage 0.66115344 0 0.0175 0.035 0.07 mi Land Units 1 (LT) ti�TI,, ' , ' , I —I Acct Number 41218 Legal Desc 0869/0565 0085 20.00 0 0.03 0.06 0.12 km Parcel ID 08130A 1 29 NCPIN 2794882900 Plat Ref / September 13, 2018 Property Addr 6029 GOLD CREEK ESTATES DR 1 49.8 152. 4 128 29 30 (1.11A) do 2900 3961 0886 6029 171.7 tp 1:10 -= GOLD CREEK ESTATE DR -- SR 1857 This map is NOT of land survey quality and is NOT suitable for such use. Owner BENFIELD DORIS BARLOW Deferred Val $ 6029 GOLD CREEK Assessed Val $245,600 HICKORY, NC 28601 Calc Acreage 0.66115344 Land Units 1 (LT) Acct Number 41218 Parcel ID 08130A 1 29 Legal Desc 0869/0565 0085 20.00 NCPIN 2794882900 Plat Ref / Property Addr 6029 GOLD CREEK ESTATES DR Caldwell County 1:570 0 0.00475 0.0095 0.019 mi 0 0.0075 0.015 0.03 km September 13, 2018 4V E0 srq r �3 1 � A �i oly r �r RUN mew NLN - Monies �4 � :'der, J P�4 '�.� �� �,�� .� ,�► s���r �'" � �, WIWI hN VT 41 ou ». ' ►' t► 'A fr4w 1 r,. �� fill.WE OD V ; let S(;te'�g ► :, 40 K19K D R m*4 k ,� M1, 14K AM- This map is NOT of land survey quality and is NOT suitable for such use. Owner BENFIELD DORIS BARLOW Deferred Val $ Caldwell County 6029 GOLD CREEK Assessed Val $245,600 Calc Acreage HICKORY, NC 28601 0.66115344 1:9,1230 0.075 0,15 0.3 mi Land Units 1 (LT) iy J,—L1... ,� Acct Number 41218 Parcel ID 08130A 1 29 Legal Desc 0869/0565 0085 20.00 0 0.125 0.25 0.5 km NCPIN 2794882900 Plat Ref / September 13, 2018 Property Addr 6029 GOLD CREEK ESTATES DR s DUKE ENERGY INTERNAL USE ONLY Construction (ft., [XJKE Date Received L APP Fee Amt Application ENERGY. versimiga Check # Check Date Duke Energy Lake Services Mail Code EC12Q Site ID HEP Fee 526 S. Church St. Charlotte, NC 28202 i. APPLIGAIVTORMATlOIAi (appticant mailing address and contact Information) Name* � _ •,s t \ Primary Phone* Address* n 'S� Secondary Phone City* i �o State* t,� Zip Code (pD 1 Email 11. PROPERTY INFORMATION location of unit Is there an existing dock or other facilities Yes (if yes, include Dock Tag #)* /.[oS . c, y,�o$ c Aro along the shoreline property or over the Lake? El No Address* Fboswi ink County* City* State*,1`v 9 Zip Code* b O� Lake*` Subdivision G� Gvee Lot(s) 49 To enter the Latitude and Longitude of the property, please use a service/software to acquire the location information. Values Latitude (e.g. 35.12345)* ?JJr•1 g� should be provided in Decimal Degrees format (35.1245). Example service: http-.//itouchmap.com/latlong.html Longitude (e.g. -80.12345)* v\ . 31, 11 111. PROPOSED ACTIVITY (check all that apply) ❑New/Modification of Existing Structure ❑Maintenance of Existing Structure F -JN of Existing Shoreline Stabilizationaintenance of Existing Shoreline Stabilization nTransfer of Ownership n Other (please describe below) Structure size (square Is dock covered? ❑ Yes feet) No Shoreline StabNiration (feet) Length of Stabilization �rb Brief Description of the Activity Materials Number of slips Number of jetports Distance from Shoreline FlU4f1- S %n 1?,,p pop -tt-� s4 al'? -t s are C,n Describe Briefly the Existing Structures Over Land and Water (include sq ft) �ivc�r�� pvcl, 1 c✓el�w �, /60 Sr t Sfe`S SG S'r'- - Jcdsr- � c� IV. Checklist oiquired Docrntc ltriilh Survey (stamped/signed by a professional licensed 0' Applicable local, state, and federal permits surveyor showing the location of the existing or Signed Applicant's User Agreement Letter proposed structure and/or survey of the existing or 01 proposed stabilization) Plan and profile drawing showing all measurements OrPhotos along property shoreline and photos of any existing structures and/or stabilization in or near the water IffApplication fee (check only, payable to Duke Energy) and elevations Habitat Enhancement Program payment (if applicable) Please limit documents sizes to 11"X 17" or smaller. V. • Application is reviewed and determined if complete. Fields -with an asterisk are required. • If application is not complete or does not include all items and information listed in the checklist, the application will be returned as incomplete. • A Duke Energy representative will visit the site to conduct a visual inspection. • Applicant will be notified of approval or denial. • Applicant is to have the notice, to be supplied by Duke Energy upon application approval, posted and must be viewable from water. The notice must remain posted until a representative inspects the project and determines the project is complete and within the approvat specifications. VI_ t3lt ions by Directions by Road* C" s0" Shad. l;Pti. X41 • ,w. Tu s .w: Qo ®- wbl 1 &t. Iwo" rw icalE I�.'aS rw►. .� a�.�Co Y111,�1 Irl- �i.aw . �$ �•.. nc�,,,,,, --ice i � -lrw0.++ ®ate. a�. w�► , L s 74 c A'Pn*w• 2.�'t w.. -'t vas r• d tr+�o C.Rui - 98A Il< . Ae� . %1 wU. , V-0 dent& ccc'Ua / a4 -i e�w . 310 w�:� . 6 0 gal Cb a'. Please complete, print and sign this application. Then enclose all items from the checklist above and submit all the information to the address below. Duke Energy Lake Services Mail Code EC12Q 526 S. Church St. Charlotte, NC 28202 I agree the information contained within is accurate: `—a 04a . y � 4 / 5 NfRCN &&a" ofritelAwwr CRR --- — — •_—•—�--- --xoeo — A1,« — o • Afl, —«« AA«U.— —AAI« —M« —NKN • +MMff— —/ — --N►AI *r 0,{q At. 014M At O..Os m. OAOi IIC. OA00 At. OAN At*A" _ �e tw• !� • M '= K n i a M ; tot At. u OAS$ At. 01W At. s� t• r� O.N At. a a? At. am Ac. a N �f1•.� 4__ ' _ {ffG Kix OxvfAr Pun, rut /dw 1, • \ 4i *.4S- @* K. ••-• IM I••r@+I CNl/A.IN NI --r✓ M. U..-_. , �� \ I AVOW7 h.1 .K,tfr,uA.. n, Mt w LfMlly 4 M r1w.r ,i rae M/f A(d In .I y - E M.Q..i r@I M 12,_ N Mh $to w t Y AIN. M /A. INiwfAA ff. •r MI I..If.1 Mr@w AWAM — M ftkmw r Aw AAv comor AwM N hMrKI.Id.. !r AANAu.M .f A,/ ferA w1J AWO M M/. A.f*r MA4 f. OI r..r..1+lr r f ALJIIJfI/ AM. ft ~ r /Ne AO•M,1•/ef A ww.f A. @re. 0 d Ar *Ofty of r lAr Mrd twhA. 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L Cw ��Ir f1MI� 1 MM NrM+ N ANN .I AN~ OW, r•w /fN. r IMr IN #$.ft* w r mw M .b1e 4� Amp N My . w N M Mbw' N rlwlw AAN I•Ih'! AM .Aft -go. AAwO M �-�. MM ~, .A•wam fArwhe •Nw • /111. NM . ArAAa1w AW rn. N Nr f r N.A.rNIr M ..N.w11. N /r AM@f. f wwr / _ 1111 ��, Aw as AAr w.. IrNMw M f.1r� w•I N/xrf OI Al. of MM . WA f i NiiQ.N ewMM IMfI �' Nw.frMMwr ,I .u1@ Mw C rNl. ,»wfdW w�1i M MM IAr �Li�— N r /1 r- zs. H^'1 j • .—__•_,T1� �,�_ ,: A. a.. M_!2_ . : �ifA�fr� .. no j t crlr` rMb� "C"" rY NAI ICAC ff"r SCA Lr' 1% 10e' GOLD CREEK - ? oKUDY r&OAF I, C UM&CMWrr• N. C. Appowle F' F' e. CAW I mom su w[I/pM • 1fcRORI. M C. YOUR TRIP TO: 6029 Gold Creek Estate Dr 14MIN 1 7.21111111111 R Est. fuel cost. $0.76 Trip time based on traffic conditions as of 11:98 AM on September 21, 2018. Current Traffic: Light Print a full health report of your car with HUM vehicle diagnostics (800) 906-z5o2 It 1. Start out going southwest on Shiloh Church Rd toward Rosenbahn Ln. �/ Then 0.05 miles 0.05 total miles -t 2. Stay straight to go onto Hubbard Rd Then 0.62 miles 0.67 total miles 3. Tum right to stay on Hubbard Rd. Hubbard Rd is%ust past Cook Ln. If you are on Cemetery Loop and reach Doberman Ln you've gone a little too far- Then arThen 1.38 miles 2.04 total miles ,r 4. Hubbard Rd becomes Icard Dam Rd. Then 1.38 miles - 3.42 total miles `1 ft 5. Turn leonto Petra Mill Rd. Then 0.88 miles 4.30 total miles 6. Tum right onto Rocky Mount Rd. Then 0.02 miles 4.32 total miles +1 7. Tum left onto Grace Chapel Rd. Then 2.37 miles 6.69 total miles 8. Tum right onto Creek Estates Dr. Creek Estates Dr is 0.1 miles past Mountainside Dr. If you reach Mountainside Dr you've gone about 0.2 miles too far- Then arThen 0.16 miles 6.84 total miles ,r 9. Creek Estates Dr becomes Gold Creek Estate Dr_ Then 0.36 miles 7.20 total miles �t 10. 6029 Gold Creek Estate Dr, Hickory, NC 28601-9432,6029 GOLD CREEK ESTATE DR is on the left. Your destination is 0.2 miles past Gold Creek Estate Dr. N you are on Creek Estates Or and reach Dockside Dr you've gone about 0.5 miles too tar. the e/daemetm sad nape b w66eet b otr T M Use- YIAe Ion't quatanlee scenery, rWe mndiaaro a ueabiklr. Yw aewme all risk N uM. T j T 1. -.4r.. i ` t77 a C Book a hotel tonight and Car trouble mid -trip? save with some great deals! MapQuest Roadside (1_877-577_5766) Assistance is here: (1-888-461-3625) DUKE ENERGY PRIVATE FACILITIES "APPLICANT'S USER AGREEMENT" (Fill in blanks with required information. Please Print) Date 9 ki. I La. TO: Duke Energy c/o Lake Services - EC 12Q 526 S. Church Street Charlotte, NC 28202 RE: (Lake Name) v\I 0 (Lake Address) La ()a q Q1 (Applicant's full name) `� kyZA� 1 Sp.V� hereby agrees to comply with all requirements and corWRions set forl)by Duke Energy's Lake Services (Duke Energy) office, and any federal, state or local agencies pertaining to our application to construct and/or maintain a 5ti10 ��h� on Lake \&OgAk. In addition, Uwe have read and agree to comply with Duke Energy's Shoreline Managemsib Guidelines (SMG) and understand that written authorization must be obtained from Duke Energy prior to beginning any activity/construction within the Federal Energy Regulatory Commission (FERC) Project boundary. The construction will be completed as described in the approved application and within twelve (12) months following the date of approval by Duke Energy. An extension will be considered for legitimate extenuating circumstances (as determined by the sole discretion of Duke Energy) provided a specific timeframe in which to complete the construction, not to exceed an additional 12 months, is provided in writing to Duke Energy by the applicant. Failure to complete construction within the 12 -month build -out period or any Duke Energy approved extension will require the applicant to file a new application that complies with the then -current SMG. The new application filing will include any applicable fees and security deposits. Uwe attest to be the owner or lease holder of the tract of land immediately adjoining the Project boundary where the proposed private facility is to be constructed. Uwe agree to comply with all FERC orders (as modified or interpreted by FERC), with all other applicable FERC Rules and Regulations implemented by Duke Energy, and with all rules or regulations imposed on Duke Energy by any governmental agency. Page 1 of 5 Rev 11/92016 Uwe understand the physical location of my/our lot in relation to the common property line with Duke Energy, if any, the FERC Project boundary, and any deeded flood easements or required building setbacks. Ifwe understand that this lake was constructed as a working hydropower reservoir for the primary purpose of producing cost-effective electric energy and that this remains as the lake's primary purpose. Ifwe understand the lake and its associated hydroelectric facilities are operated by Duke Energy under the terms of a license issued by the FERC and there will be no change in hydro project operations as a result of the construction and/or use of any facilities that Uwe may be allowed to place within the FERC Project boundary or on any Duke Energy -owned property. Uwe understand during drought conditions Duke Energy may request reduced usage or discontinued usage of any water withdrawal or related systems, until such drought conditions improve. Failure to do so may cause possible removal of the system and/or any other permitted facilities that Uwe may have, and any costs associated with removal of the facilities will be assessed to the lot owner. Uwe understand lake levels will rise and fall over time in response to weather events and hydro project operations and Duke Energy does not guarantee an approved facility will always have sufficient water depth to be accessible by boat or for other water depth related recreation activities. .Uwe acknowledge Duke Energy provides no guarantee of any specific quantities (except those identified in the FERC license) or quality of water in the lake. Uwe understand the facilities to be installed and/or maintained are my/our property and I/we therefore agree to be fully responsible for the permitted reservoir use including maintaining facilities in good repair. If the private facility is deemed unsafe by Duke Energy, Uwe agree to repair or remove the private facility at my/our own expense and within the specified timeframe set by Duke Energy. Uwe understand Duke Energy approval of the requested reservoir use in no way constitutes assignment of any interest in real property Duke Energy may have (i.e. land rights). The approval is granted and maintained solely at Duke Energy's discretion. Uwe also understand the permitted use may be revoked at any time by Duke Energy or its successors for any reason whatsoever. If the approval is revoked, Uwe agree to remove the facility at my/our own expense within the specified timeframe set by Duke Energy. Uwe understand ownership/interest in a Common Use Facility or residential marina eliminates the option of having a separate private facility on any other owned or ]eased lot within the affected subdivision. Uwe understand this lake is open for use by the general public and that maintaining safe and lawful public use is one of the primary lake management objectives of Duke Energy. Page 2 of 5 Rev 1 f 9/1016 Uwe understand the use for which we are applying is a private use and it should not interfere with the general public's safe and lawful use of the lake. Uwe understand lake use permit holders have the authority to prevent others from trespassing on the facilities Uwe have built. Ave also understand Ave, however, do not have any authority to impede anyone from pursuit of the lawful public recreation enjoyment of FERC Project lands and waters. Except as specified otherwise in the SMG, other Duke Energy documents (e.g. Public Safety Plans), or a separate lease agreement, anyone may fish around/under facilities built by others, may walk/wade/fish within the FERC Project boundary, boat in the lake's waters, etc. without having to get anyone's permission to do so. -1/we agree to fully disclose all information regarding the approved private facility to any prospective buyer/leaseholder of the property and any new owner/leaseholder. Fwe agree to notify Duke Energy immediately of any sale/transfer of the property, including the name and address of the new owner and to transfer the permit and/or Duke Energy lease to the new owner. Uwe agree the adjacent Duke Energy Project property, if any, shall be used exclusively for non- commercial recreational purposes and that Uwe shall not rent or otherwise allow third parties (except for temporary use by guests, family members, and leaseholders of the residential property) to use any facilities permitted to me/us by Duke Energy. Uwe agree not to allow any use of the adjacent property, and will exercise due care and diligence to prevent all other persons that are affiliated with my/our property (including invitees, family members, guests, etc.), to violate an applicable federal, state or local law or regulation. Examples include, but are not limited to nudity, illegal discharge of firearms or fireworks, controlled substance abuse, public drunkenness, public urination or defecation, or other activities determined to be a nuisance by law enforcement officials. Uwe agree to exercise all care and due diligence to preserve and maintain the character of the Duke Energy's adjacent property, if any. Uwe agree to comply with the Duke Energy vegetation management requirements as stated in the SMG. Uwe agree further to not allow sewage, including discharge from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other waste material to be discharged or dumped into the reservoir, tributaries or adjacent property. Ilwe understand that as an adjoining property owner Uwe can make no change in land form of land within the FERC Project boundary or land owned by Duke Energy, if any, such as grading, excavation or filling without prior written approval by Duke Energy. Uwe agree for myself/ourselves, members of my/our family, guests and invitees that Fwe assume all risks of personal injury or property damage incident to mylour occupancy and use of the FERC Project boundary or land owned by Duke Energy, if any; including, but not limited to, any personal injury or property damage which may be sustained as a result of flood waters or in connection with the rise and fall of water in the reservoir as a result of floods or of the operation of Duke Energy's hydroelectric facilities. I/we as the adjoining property owner(s) further agree Uwe will indemnify, protect, defend, and save harmless Duke Energy from any and all loss, cost, Page 3 of 5 Rev 11/92016 claims damages, expenses, judgments and causes of action for all injuries and damages sustained by the members of my/our family, guests, and invitees arising or claimed to have arisen in connection with their occupancy or use of the Duke Energy permitted facility(s). Uwe agree if any action is taken by Duke Energy to enforce any provision, covenant or agreement contained in this user agreement or Duke Energy SMG or if Duke Energy is required to retain an attorney to enforce any provision, covenant or agreement contained in this user agreement or SMG (including, without limitation, the payment of fees due hereunder or the removal of an encroachment constructed in violation of this user agreement or SMG), then Duke Energy shall be entitled to recover all of its reasonable costs associated with such an action, including but not limited to, attorneys' fees and court costs incurred in such action and/or enforcement. Uwe understand certain activities specified in the SMG are prohibited because of environmental concerns, boating capacity limitations, safety considerations and other reasons. 1/we specifically waive any claim against Duke Energy for consequential damages arising out of or relating to this application, Duke Energy's approval or denial of it, or subsequent revocation of approval, and Uwe specifically understand and acknowledge that, because Duke Energy can revoke the permitted use at any time, Uwe am/are not entitled to reliance damages. Uwe understand the proposed facility will be used only for the purposes described in the information submitted to Duke Energy and other appropriate governing bodies for approval. Uwe understand every reasonable effort must be made to minimize adverse impacts on fish, wildlife, and other natural resources. Uwe understand trees and vegetation growing within the Project boundary play an important role in the overall environmental condition of the lake. The ecological benefit the vegetation has on the fish and wildlife habitat supports a sound and healthy lake environment. Uwe also understand unauthorized removal of shoreline vegetation and/or disturbance of the shoreline buffer may result in suspension or denial of lake use permitting requests and require me/us to re-establish the vegetation, if the disturbance is found to be in violation of the state or county watershed buffer regulations or Duke Energy's vegetation management requirements as stated in the SMG. Uwe agree to maintain any prescribed mitigation activities that are required in order to gain approval for facility construction, as long as the facility exists. Uwe recognize Uwe have the continuing responsibility to ensure that the constructed facilities are maintained in good repair, including, but not limited to maintenance of the facilities, and proper erosion control within the permit area and along the shoreline, and agree to take all reasonable steps necessary to meet this responsibility. Ave agree to maintain all facilities within the Project boundary and on Duke Energy -owned property, if any, in a sound condition and in a neat appearance and pay all costs for said maintenance. Page 4 of 5 Rev 11P92016 b'we understand Duke Energy representatives may issue Stop Work Directives for any violation(s) of the SMG or engagement in prohibited acts or activities on Duke Energy property, if any, as specifically identified in the SMG. Ave understand persons found to be in violation will be subject to Duke Energy sanctions which can include, but are not necessarily limited to: 1) restoration of the impacted area at the person's expense; 2) loss of consideration of any firture lake use permitting activities for up to five years for improper vegetation removal or until vegetation is satisfactorily re-established (even if there is a change in property ownership); 3) revocation of a previously issued permit and loss of consideration of any future lake use permitting activities and/or reinstatement of the revoked permit; 4) increase in fees; 5) modification or removal of non -complying facilities; and/or 6) further legal action being taken by Duke Energy. 1/we agree that if any historic or archaeological resources are discovered during construction of an approved activity the applicant must stop work immediately and contact Duke Energy. Uwe understand that in the event that anyone discovers a potential site of archaeological or historic significance including any gravesite within the Project, the individual must immediately notify Duke Energy. Uwe acknowledge Duke Energy has the right to charge reasonable user's fees for private use of its property, if any, and the Project and failure to pay any applicable user's fees in a timely manner can result in the suspension or cancellation of any previously approved lake use permit. Uwe agree to notify Duke Energy when construction is completed and during the construction period, Uwe will post the Duke Energy approval (to be provided by Duke Energy) at the job site visible from the water's edge. Applicant Name rQ Lake Street Address City/State/Zip Code Preferred contact Phone Number E) 01 --IL Applicant Signature it Home Mailing Address 1, S MIVA,1. City/State/Zip Code ID A 3 as Home Phone Number Ir e S&S 0,0 CA ly1 Zn?hl Address Date Page 5 of 5 Rev 11/9/2016