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HomeMy WebLinkAbout20190048 Ver 1_Shoreline Stabilization_201801091 I�� From: Montalvo, Sheri A °�heri.r ontaivo@ncdenr.gov �,N1 ,subject: RE: Shoreline stabilization Date: Dec 18, 2018 at 2:0004 PM To: tom.klecker44@gmail.com 1 Tom, 2 0 1 9 0 0 4 8 We received your application and fee from the shoreline stabilization project, however the application that was included is only the Duke Energy construction app. We will need for you fill out the DWR application and sign it that I have attached for your use. You can email me back the completed app to save on time. If you have any questions feel free to call me. Thanks Sheri Montalvo Administrative Assistant 401 & Buffer Permitting Branch Division of Water Resources North Carolina Department of Environmental Quality **please note my phone number has changed** 919-707-3635 (office) sheri.montalvot_nc err. fav Physical: 512 N. Salisbury St., Ste 942-D, Raleigh, NC 27604 Mailing: 1617 Mail Service Center, Raleigh, NC 27699-1617 Kc- -' Nothing Compares__ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. State of North Carolina Department o ty DivisiUees Division of Water Resources 15A NCAC 02H.0500 — Water Quality Certification, Shoreline Stabilization FORM: SSGP 10-2013 Shoreline Stabilization Application Form Three copies of the application (including attachments) and the application fee should be sent to: Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 I. Applicant Information 115A NCAC 02H .050201 1. Owner Information �// ,,' j Name: II�'/NnJrJ leleC er Mailing Address: ���7 x� lkgsTote C4410 -H(, /SCC dg -d77 Telephone Number: Fax Number: 7011-669-V909 E ma'%►(ddress;eCke%p P&1 2. Agent/ Contact Person Information A signed and dated copy of the Agent Authorization letter (a form can be downloaded here: h_www.saw.usace.army.mil/Portals/59/docs/regulatorv/r g docs/Permits/SAMPLE_AGENT _AUTHORIZATION—FOR hLpdL must be attached if the Agent has signed this application form. Name: 5JWa�JQA 6040,! / I V C1 / OW Mailing Address: Company Affiliation: %/ '� 4vd- 00d f, IN C a Telephone Number: Fax Number: 7101 / - Y;E,- E-mail A dress: 150W + SoHNyS (�09 s7YVC710AJ o 0 Person to receive the Certification Approval: SON' 7 T 7- yS'Olq 11. Project Information (15A NCAC 02H .0502(a) & (lb)] I . 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. v*"*'2. Provide a detailed site Dlan showing nronerty hontidnriec anti nrnnngi-A Innatinnc .,f / vegetation clearing, structures (buildings, retaining walls, docks, impervious surfaces, etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the diagram provided at the end of this application form. 3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort- a yard stick, shovel handle, etc.) V/4. Location of the property (where work is to be conducted) County: 57/9M l Nearest Town: A)?eMAPle Subdivision name or site address (include phase/lot number): o? 3 51 416rk 7`)IteVY ROAD "Ie, 0?8 do ( Directions to site - please include road names and numbers, landmarks, etc.: �� A3 Aa��- -A� 1� 7-11 leI`Y RSA P►naQihQ �' Yo "110-Y f,04 Rooke d -Pe ke H-- btt ),,+Ke Latitude (in decimal de ee_ Longitude (decimal • a9 y �l -- r�o -- a g 9 a 1 o degmuss) v/5. Describe the existing land use or condition of the site at the time of this a plication (residential, undeveloped, etc.):G I'a S 1 trff A IY 1 �.% / �► XA-k. Kctu 'er s lv o 10, 1rr e >r Cows vtl s se ; k m 1-� Property size (acres): 1�4 pp `r V16. 10-t- 1, 4e Lake/ river/ ocean ad' a nt to property: \//%. �C e 16-1 fg. Describe proposed work (include discussion as to how hardening of sh reline has been � avoided, or why it is necessary): _/,d S1C3d -IC C'�U4pvv N7-69W1V` 10sUf-d,r' " A Ngo T4.4} -AQ-, km fe" dvt iF'�t �� tie,S SF rcr�Ct wtl ti ' 9. Will work be conducted from land? ' From water? 10. Total amount of disturbance (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level/ Norniffl Water Level in square feet or acres: ,A7,—.> wow wm �Pe_ ChAfa BQ oc / L k t�toL /11. Total amount of disturbance (including all clearing, back fill, excavation, rip rap, retaining walls, etc,) above the normal ool lake level/ Normal Water Level and 50 feet land -ward in square feet or acres:T-�— _ ���-( (,� j (�-t �Pd Rif t~'Tf V/12. Please describe the vegetation above the normal pool lake level/ Normal Water Level and 50 feet landward to be impacted (renumber of trees, for instance): 04�e ]7V sty 04 �J ` e 0+ kt p W( t Owner/Agent's Signature Priv d Name j � d eCVe�r Date 1 -L 14�V 1 [I 5A NCAC 02H .05020] 'Agent's signature is valid only if an authorization letter from the owner is provided. sr - 1r8n! YM." U"V— A-ft"OM ymm'" MMM W"M toot.," - �1 aw � u �: � � ,.. � +� � � ♦t 'i 'ti't i ) ,,t . +mow. qM! A • .,..,. r Iitr - _, -.._..F.YL�K+fi1153tv'ca6F�f•�6eils "^•5-.- "•'-`:iWW�4' _ _ _ -. - Full Pond/ Lake �;--- -- 12 �t Jeer t L„ _ _ Please approximately sketch the following information on this plan (provide dimensions for each item, such as 10 ft x 100 ft) *: l . All proposed vegetation clearing ^ ONe 'BUSH 0A C'60.1br OS, RN7tCr LL (1 2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation 3 7 D Y ,,pp 3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation 2e P0 R.6 ` P PhP Q'OU3 4. Location of any proposed structures such as buildings, retaining walls, docks, etc. LU SV'(kK vft,' Oi 5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation 6. Location of construction access corridors 01 E Iris FORM: SSGP 10-2013 Page 1 of 4 COMOMIS Feature Report I&CONNECTGIS VIna HOSM-40 ST4)MUNTY ixp C-0 Lj CD N. W -*E S 3 1384 A: 88 to 2202 11/27/18, 424 PM Printed November 27, 201 See Below for Disclairm Rail Roads --0- Roads 2 2469 Parcels 84 City Limits Albemarle Badin 85 Locust Misenheirrier New London Norwood 20 Oakbora Red Cross Richfield Stanfield Lease Land Records Surrounding Counties 89 CD 1 :43 Feet WpsJlstanVconnectgis.COMVownloadFUe.ashx?i=_Bgak_mEtplo222ef3e7o5485e85c&la&95cldbc568x.htrn&t=prhtd Page 1 of 2 ConnectGIS Feature Report 11/27118, 424 PM OBJECTID Tax Record Owner Name 504 26861 KLECKER LLC Owner Name 2 Wiling Address Mailing Address 2 6717 ELMSTONE DR �IX1C State Zile CHARLOTTE NC 28277 PIN Deed Acres Lots 657602681384 0 3 Physical Address District Code District Desc 23510 LAKE TILLERY RD. 116 EASTSIDE FD Township Code Towna ft DDesc Descriptionl 113 S ALBEMARLE #1 TWP DWELLING Year Built Finished Area DateSold 1977 896 7/17/201712:00:00 AM SaleAmount Deed Book Deed Page 0 1616 749 Plat Book Plat Pang Landuse Record 5 105 No TotaIFMVCurrent 133500 is map is prepared for the inventory of Real Property found within this Jurisdiction, and Is compiled from recorded deeds, plats and other public records and data. sers of the map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the Information contained on thit 'nap. The Stanly County Geographic Information Systems Division of the Office of Information Technology assumes no legal responsibility for the information contain Do this map. Also, when the deeds and or plats are viewed for a parcel, the Stant' County Register of Deeds Office makes no guarantees regarding the coiiecuon accuracy, authenticity, or use of these records. The web site is for informational use and convenience only. The Register of Deeds shag in no way be held responsbk or errors or omissions In these records nor for any actions resulting from their use. The official records are kept In the Stanly County Register of Deeds Office. To vie eeds on this site you must Install the ARernaTIFF viewer. To Install, please visit httpJAvww.afterrmatdf.comlinstal -W Warning: City of Norwood: Within the dy gMRs orwood any Improvements such as boathouses or piers that have been buil on land owned by Duke Energy are considered to be located on leased land and tlmeref II not be found using this program. These Improvements are also not considered to be looted within the city ImRs of Norwood and are taxed accordingly eased land records can be Identified by going to StanlyTaxcom. R a property Is located on Lake Mary lo Norwood has a parcel number of 1234 then the tax big for t atedront Improvements located on Duke Energy property could be found by placing an LL01 after the parcel number. On StarfyTax.com search by Parcel / umber and enter 1234LL01 for this example. https•J/stanly.connectgis.cornlDownloadFge.ashx?i=_ags_map10222ef3e705486e85cgaa855Wbc568x.hbr&tepdntid Paget of 2 Prom: Johnson, Alan z7dan jiohnson@,n r- tee= r.g Sutec'r: RE: [External] Re: shoreline Date: Nov 29, 2018 at 4:29:31 PM Tom Klecker L�orn.kle,cke: �F r" (jib, nnadxom You look up the county GIS site. They have photos and all your information. Or you can Print off from Google maps. Put in your address. You will have to manually identify your boundary From: Tom Klecker <i•om.klecker44 _gmail.com> Sent: Thursday, November 29, 2018 428 PM To: Johnson, Alan <alan.]ohnson@ncdenrgov> Subject: [External] Re: shoreline Hi Alan, I can comply with everything you have requested but I do have a question concerning the "aerial photo exactly what does that consist of? I do not have an aerial photo of my property and really don't know how to gather one up. Thanks Alan for your prompt attention concerning this...... I really do appreciate it. Tom Klecker 704-668-4808 Sent from my iPhone IOn Nov 29, 2018 at 1:49 PM, Alan <afan i4hnson@ncdenr g2y> wrote: $240 fee Photo of shoreline and along lake Aerial photo Plat of property Diagram/site plan for work Location/street map Mail to: Wetlands unit, mail service center 617, Raleigh NC 27699 Thanks Alan <mage003.png> Alan D Johnson — Senior Environmental Specialist NC Dept. of Environment & Natural Resources (NCDENR) Division of Water Resources - Water Quality Regional Operations 610 East Center Ave., Suite 301, Mooresville, NC 28115 Phone: (704) 235-2204 Fax: (704) 663-6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. <Abbreviated PCN shoreline New.docx> " • \ .�.�s' • � 'ice- rT °C6' ~ R � %� :Steri— ?.;,_ . • r .r, t e �/ � ;� t S :. tsr a • _:s=ue - ` "4 til ��;��_ �� ��a1 � 4-i.)`K� ,•��+5 ` �� ; \ i • *� r i ; T �p" 44 ,.R•• ♦p.tRw ,—�M.7w, 'fa�+ � Imo`'«" �"� - .."�,: •� 7 �.� a �i' r � �� ya L frY ` �4 . ^ �_ _ � r¢ `i....t[[[..r^ ..a j 3t�, �j �- �"e `� aS,: �E• S • '\ Mi { f - — �. - Warr #• ' mow'" � i*i _t'J��'� . .- -1 � 0 .� ,71C� � _ Swil WIP r':� �1.+ a` {'��3/ e:f to �I .V• �" "�'1, l.'t /•,>� t • K"�i ♦• 1�'7 y +Yj' �S.�,y;_ '-:l ` ti'M, .. , tI- 74 L i�+ �ry['.'� ..ss.. ",1i�Q�,L��1_ y�ilfa. rr Y �}. � �/ ♦�! t����._- i1j � fir.. le �, ft .� •.moi ! 14gp aw NI 0uvolo0m 4101 030 mut lON i dM► SUR 3dld NOM Omici3 �a - :000t swim AAMWAS 35�3A S09N ON t. 3 .rsrsrn s 4`L 101A&M jW7 10 1 _ r Sd/d N0tl1c"aM115f1C! - S go re SIDI .. .r • - �t JO's � A ' ra la, �►d IV04U 6y" j0 swwd NO 19O4N41 . yi sao /'•• tIWJ=3 Y 10 SI . Wwns- f A 8&U4* ASAMN W3M"r&he 7 trot .� avo �-t MUw� an a s+�i� � • X4404!-�fJ4�M�d 1YItl la t g iYu 3x) O8 NI am NOY►MNOW Mei lawd AidYi12 R � NI 10 09 T� r 4l N4Rl A4�YId SM lYF4l.tilitl3��� 1 - � 130UMARY do LOCATIQN SUAVEr FOR RALPH HEALD 8� ALBEMARL E TOWNSt fIP ANSON CO. N.C. . SCALE I- — 50' JULY 20TH, 7 999 ' = JAMES R. HARRINCTON 8c' ASSOCIATES ;yd JAMES MCHARD HARRWGTON JNCRLS L-2571, SOLS 10037 P.0 BOX 36Z wtiDEsBcm MC 28170 VnlCf(704) 694-3118 FAX (704) 684-7823 0 AV 99192- 50 25 0 50 SCAt E IN FEET i JAMES MC.HARD THAT TNIS A94P WAS LJN i740At AN ACT - / surlyRAWN FIELD SLJRVIL7 HE ItATrO OF PRE / 15 J 1 .000t. Pic)L�t��ARRJN C.P. CRJS:L -mlI gy / LOTS 03,464 &86 ' 1 'R S MOW RusHING Z SIGNATURE - m 343/104 Nn FJt , t0�?JGNWU 3 ALL DISTANCES GROUND /, PINCHED IPF r OISTANCES. 4� D —WAYS NOT SURVEY=, VNLESS- 1 ry morev $ UNDERGROUND UTILITIES, fANKS. AND OR LINES NOT a� SURVEYED UNLESS NOTED OTHERWIM S THIS MAP IS FOR THE EXCLUSIVE USE OF THE ORICMW_ psi PURCHASER OF THIS SENWr AND IS NOT TO SUBSEQUENT OWNERS OR ADDMOML WS7TnA7DNS 7 ARFJI COMPUTED BY COORDAKE ME7HOM NO 8 NCGS MONUMENT FOUND WITHIN 20001. . -' 9 aCIAG LOTS 06.07 Qt 00 PLAT BMW S Pa 105 TMS P(AT CONTAINS EXCESSIVE E RROIM \ SURVEY SASSO ON 00STI NO \ EVIDENCE. C. \\ N N \ I r1Nt;tlf (J IPF ({lt.'1.1��� �t A ,aN gym r� \, L AXLL POUND APC. y COMPUTED POINT rte. r . � � .., (IAKL- III.I LRY) DOWN EDGE OF CUFF * UNABLE TO SET CORNER VM LOT 89 COMER • 359/301 � O,Q !Pf' LOCATION MAP' l y NOT TO SCALE. - VA tEGEJYD NQNC 24-- 7 .. , ' —WAY ROAD J lr ow s OR FORMERL Y - anROD 4w 1RF naw Iwo Fuum . IPF- PIPE • IRON FOUND ConnectGIS Feahme Report 11/27/18, 426 PM I&CONNEC-1-GIS - Printed November 27Stanly . 2018 Wk8 WAST f3 - See Below for Disclaimer . S TiLP M N W Rail Roads Roads 11,71 ra , i •-�, fel 4t ���.` f f Parcels 44 'ami t `• i; City Limits ' 3 ' I (1 5 j Albemarle r` wBadin .rr Locust Misenheimer �- New London Norwood Jakboro Red Cross -A Richfield Stanfield 83 Lease Land Records -�' 2469 Surroundir g Counties 84 El YO 85 F 20 3367 1 .46 Feet Q7 https://stanlyconnectgis.corrJDowntoadFle.ashx?i= ags_map3507b7cfOfeb4011a34675bf251edeaOx.htrMI-prinfid Page of ConneCIGIS Feature Report 657602682469 Physical Address LAKE TILLERY RD Township 113 SaieAmount 0 Plat Book 5 12102 Tax Record 28604 Mailing Address 6717 ELMSTONE DR State NC Deed Acres 0 District Code 116 Townshig_Desc S ALBEMARLE #1 TWP Finished Area 0 Deed Book 1616 Plat Pag 105 Owner Name KLECKER LLC Mailing Address 2 Zia 28277 Lots District Desc EASTSIDE FD VACANT DateSold 7/17/201712:00:00 AM Deed Pagg 749 No 11)27/18,426 PM rn nis map is prepared for the Inventory of Real Property found within this Jurisdiction, and Is compiled from recorded deeds, plats and other public records and sers of the map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on th ftft ap. The Stanty County Geographic information Systems Division of the Office of Information Technology assumes no legal responsibRy for the information oorda this map. Also, when the deeds and or plats are viewed for a parcel, the Stang County Register of Deeds Office makes no guarantees regaftV the collection ocuracy, authenticity, or use or these records. The web site Is for Informational use and convenience only. The Register of Deeds shall in no way be held or errors or omissions in these retards nor for any actions resulting from their use. The official records are kept In the Stardy County Register of Deeds Office. To rro d this site you must Install the AfiemaTIFF viewer. To install, please visit httpJ/www.a#effatiff comllrmsM4e/ Worming: Cly of Norwood: Within the cdy To any Improvements such as boathouses or piers that have been buil on Mand owned by Duke Energy are considered to be located on leased land and eased land records t1 not be found em be Identified These irnpromrernermth are also not oormsmdered to be located within the city knits of Norwood and are taxed accordln l* ate d l nt imecords can located ie Dy going to StardyTax.com. fi a property Is located on Lake Mary in Norwood has a parcel number of 1234 then the tax bill for y property couldumber and enter 1234ito1 r�r thtc AYAm„me could found placing 8n U-01 atter the parcel number. On SfanryTax com search by Parcel / I*psJ/stsntycoruwctos•c=VDownicedFae.ashx?i=_ags_ngp=7b7Ctofeb4o11a3467SM51edeaOx.htm8tmprirM Page 2 of 2 0 I F* 4--I�l L AN D A O.AD x 16 Wft* ..il L PA90L- 1 q y top" r • f • f/ atr- ��� I tr • •� let �V •,'` yaw 1!� ,� ; � +f � i, 14�1 �i !•'��1�� A f � y,4 ./"-,, � • ILF 410 •�,,�00. •41 w � 111 •^ 1'+ r • , • ! 0 `•1 i' , 1 •a1 • ~mow +^i , 'a ti • • y • ' • rI1 • rt` 1 M 11 Ph Ite So .1 •r . qtr r • Z � � � i • I � {� err •• r J• • 1� 1 rwytl i , • • y I Nit } �' ,' `I t 4, •s 4 ', 4 r v ir . • 4 • • 00, z• 1 • AW • • � 1 i 1. DUKE ENERGYINTERNALUSE ONLY Construction. DUKE Date Received �— App Fee Amt Application ,�,. ENERGY. version 18c Site IDL. HEP Fee Duke Energy Lake Services Mail Code EC12Q 526 S. Church St. Charlotte, NC 28202 I. APPLICANT INFORMATION (applicant mailing address and contact information) Name* homas Klecker Primary Phone* 04-668-4808 Address* 16717 Elmstone Drive Secondary Phone 04-668-4803 city*harlotte State* NC zip Code 8277 Email om.klecker44@gmail.com II. PROPERTY INFORMATION (location of permit) Is there an existing dock or other facilities 0 Yes if yes, include Dock Tag #. If tag along the shoreline property or over the Lake? ❑ No cannot be located, note that here. * AR -35820 Address* 3510 Lake Tillery Road County* tanly City* Ibemarle State* K Zip Code* `8001 Lake* illery Subdivision Lot(s) -� Latitude and longitude of the property. Please use a service/software to acquire the location information. Values should be provided in Decimal Degrees format (35.1245). Latitude e. ( g. 35.12345)* 35 -29411 Example service: http://getiationg.net/ Longitude (e.g. -80.12345)* III. PROPOSED ACTIVITY (check all that apply) ❑New/Modification of Existing Structure Fj Maintenance of Existing Structure ❑New/Modification of Existing Shoreline Stabilization ✓Q Maintenance of Existing Shoreline Stabilization QTransfer of ownership (check box if you want a copy F--1Other (Describe below. If the activity involves an irrigation of permitting history F) withdrawal, include the pump capacity.) Structure size (square Is dock covered? ElYes MNo Number of slips feet) Is structure a common use dock? ❑Yes* F�No Number of jetports *lf yes. see special note in Section Vil Shoreline Stabilization Length of 100 Feet stabilization (feet) Distance from shoreline (feet) n Shoreline Brief Description of the Activity Describe briefly the existing structures over land and water (include sq ft) Materials Rip Rap ,Erosion has caused the current shoreline stabilzation to detach from the shoreline NA IV. Additional Requirements (include with application; limit document sizes to 11"x Ir or smaller) You must include the following items with your application (unless specifically excluded for your application type). Survey stamped/signed by a professional licensed surveyor 0 showing the location of the existing or proposed structure and/or survey of the existing or proposed stabilization (not required for transfer) ZPhotos along property shoreline and photos of existing structures and/or stabilization in or near the water ❑✓ Application fee (check only, payable to Duke Energy) r✓ Signed Applicant's User Agreement Letter V. Application Processing Plan and profile drawing showing all measurements, F1 elevations, and irrigation line routing (not required for transfer UNLESS tag number can't be located, sketch can be used in such cases, not required for shoreline stabilization) Local and state permits (building permits orexemption letter required for all structure applications at Catawba - 21 Wateree lakes in NC, • Tega Cay, SC,- Kershaw County, sc,• NCDWR approval required for shoreline stabilization in NC, not required for other applications) Habitat Enhancement Program payment (required only for New/Modified structures at Catawba-Wateree and Keowee- Toxaway lakes and shoreline stabilization at Keowee- Toxaway) • 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, typically via email. VI. Directions by Road ead east on 24/27 from Albemarle and prior to crossing the bridge of Lake illery you would take a right on Lake Tillery Road. 23510 is the first house on e left on Lake Tillery Road. Directions by Road* VII. Application Submission Please complete, print and sign this application. Then enclose all items required per Section IV above and submit 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: Applicant signature Common Use Dock Co -Owner Signature(s) and Information (all owners of common use docks must submit o signed Applicant's User Agreement and application fee) Name Address Signature Name Address Signature Attach additional sheets if there are more co-owners DUKE ENERGY PRIVATE FACILITIES "APPLICANT'S USER AGREEMENT" (Fill in blanks with required information. Please Print) Date December 3, 2018 TO: Duke Energy c% Lake Services - EC12Q 526 S. Church Street Charlotte, NC 28202 RE: (Lake Name) Tillery (Lake Address) 23510 Lake Tillery Road Albemarle NC 28001 (Applicant's full name) Thomas Klecker hereby agrees to comply with all requirements and conditions set forth 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 stabilization of the shoreline on Lake Tillery In addition, 1/we have read and agree to comply with Duke Energy's Shoreline Management 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. 11we 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. Ilwe 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 rule regulations imposed on Duke Energy by any governmental agency. s or Page I of 5 Rev 11/9/2016 Ave 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. Uwe 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. Uwe 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 Ave 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 Ave may have, and any costs associated with removal of the facilities will be assessed to the lot owner. Ave 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 waxer depth to be accessible by boat or for other water depth related recreation activities. Ave acknowledge Duke Energy provides no guarantee of any specific quantities (except those identified in the FERC license) or quality of water in the lake. Ave understand the facilities to be installed and/or maintained are my/our property and Uwe 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, L'we 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. Ave 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 leased 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 11/9=6 IAve 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. Ifwe understand lake use permit holders have the authority to prevent others from trespassing on the facilities Uwe have built. Uwe also understand Uwe, 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. Uwe agree to fully disclose all information regarding the approved private facility to any prospective buyer/leaseholder of the property and any new owner/leaseholder. Ave 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. Ave 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. Ifwe 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 Ifwe agree further to not allow sewage, including discharge from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other waste material to be discharged or dumped into the reservoir, tributaries or adjacent property. Ave understand that as an adjoining property owner Uwe can make no change in land form of land within the FERC Project boundary or land owned by Duke Energy, if any, such as grading, excavation or filling without prior written approval by Duke Energy. Ave agree for myself/ourselves, members of my/our family, guests and invitees that Ave assume all risks of personal injury or property damage incident to my/our 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. Ave as the adjoining property owner(s) fiirther agree Uwe will indemnify, protect, defend, and save harmless Duke Energy from any and all loss, cost, Page 3 of 5 Rev 11"16 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 Ave understand certain activities specified in the SMG are prohibited because of environmental concerns, boating capacity limitations, safety considerations and other reasons. Uwe 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. Love 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 thi's responsibility. Uwe 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 ! UM16 Uwe 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 Uwe 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 future lake use permitting activities for up to five years for improper vegetation removal or until vegetation is satisfactorily re-established (even if there is a change in property ownership); 3) revocation of a previously issued permit and loss of consideration of any future lake use permitting activities and/or reinstatement of the revoked permit; 4) increase in fees; 5) modification or removal of non -complying facilities; and/or 6) further legal action being taken by Duke Energy. Uwe 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. Thomas Klecker Applicant Name 4.-AEL hcant ippgnature 23510 Lake Tillery Road Lake Street Address Albemarle NC 28001 City/State/Zip Code 704668-4808 Preferred contact Phone Number tom-idecker44@gmaii.com Email Address Page 5 of 5 6717 Elmstone Drive Home Mailing Address Charlotte NC 28277 City/State/Zip Code 704-668-4808 Home Phone Number December 3, 2018 Date Rev 1119MI6 From.: iShip_Services@iship.com SubJect: Your parcel has been delivered Date: Dec 4, 2018 at 12:20:05 PM I o: tom.klecker44@gmail.com Your parcel has been delivered Join our email pLogram to receive exclusive offers and resources The parcel to NC DIV OF WATER RESOURCES has been delivered. Who sent it... Carrier detail... TOM KLECKER UPS Ground (Sender's street address omitted intentionally from this email) Charlotte, NC 28277 Who will receive it... NC DIV OF WATER RESOURCES WETLANDS UNIT (Recipient's street address omitted intentionally from this email) RALEIGH, NC 27699-1600 US Tue 04 Dec 2018 10:57 AM Who is carrying it... THE UPS STORE #3771 704-759-9601 Tracking details... Tracking No.: 1Z7A402R0343152131 Shipment ID: MM97MN7C9ZA7M Order / Item #: -- Reference #: -- Ship date Monday, December 3, 2018 Delivery date... Tue 04 Dec 2018 10:57 AM N From: Johnson, Alan alan.johnson@ncdenr.gov Subject: RE: [External] Re: shoreline Date: Nov 29, 2018 at 4:2931 PM To: Tom Klecker tom.klecker44@gmail.com You look up the county GIS site. They have photos and all your information. Or you can print off from Google maps. Put in your address. You will have to manually identify your boundary From: Tom Klecker <tom.klecker44@gmail.com> Sent: Thursday, November 29, 2018 4:28 PM To: Johnson, Alan <alan.johnson@ncdenr.g�v> Subject: [External] Re: shoreline External email. bam- P, ck it ks or open attachments unless verified Send all if as an attachment to, +?® - Hi Alan, I can comply with everything you have requested but I do have a question concerning the "aerial photo........ exactly what does that consist of? I do not have an aerial photo of my property and really don't know how to gather one up. Thanks Alan for your prompt attention concerning this...... I really do appreciate it. Tom Klecker 704-668-4808 FyL Sent from my iPhone� 0 4;2013On Nov 29, 2018, at 1:49 PM, Johnson, Alan <alan.iohnson@ncdenr.q.,,,.-- $240 fee Photo of shoreline and along lake Aerial photo Plat of property Diagram/site plan for work Location/street map Mail to: Wetlands unit, mail service center 617, Raleigh NC 27699 Thanks Alan <image003.png> Alan D Johnson — Senior Environmental Specialist I NC Dept. of Environment & Natural Resources (NCDENR) Division of Water Resources - Water Quality Regional Operations 610 East Center Ave., Suite 301, Mooresville, NC 28115 Phone: (774) 235-2200 Fax: (774,) 663-6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. <Abbreviated PCN shoreline New.docx> ?V 1 i7o A-" W-. d 'i. f . ► . y 11 4 _ j•► V'.?�'� •.", P 4' ` \ , , i. . a7� ' �6 � � • ^* � `- r ,fir. a e._ - pig • '('c V n� , �•, V ',t y. ,. J �t,�p ffiV � � • �r � :� � "'iii"` � /� � �'.r t+. � S'!J (', '••. !' f 9 � . C r A • r, J F p � :. - - r>r- 'i, • � r;,� d :; .i ' r _ .'may} \`Z y'� a4 '1 '„�L,. "� ' _ � •�7 y 4��^/, -.,d j a. -, _rte �� �.. \\,\„II III• � E NNIA0M OR earpY THAT rMW MAT WAS ORANN UNDER �\N ��.f. Fwv�r AH �CTwL 3tIr1Y£Y ANC[ uNWTt 1n .Nf�CARo� . wC rrOM RRGOROEO W 6008 -tlJTES�`'r 'p`.q"•ti�' '� jitA ,��( rrM► TNf scua Am Mar SURVETEO ARE ClaG4Rf.Y V11' 'c0 I MC IN01( r Trutr'TN6 RATA OF `pN Aa Cir cut�ri3is ' 88At. I Pur Hass I�itEF M+ MMTUCAr1C[ r• �-J3ST � p, NITNf36 W i10NATYR[. �lolsrRAr}oN R AND SM TM A..M OYW Or MWJL--- E. BRA 1 R N E. BRuM+IER. N[R[BY CPR RFY / fxf40 EI ORNO SPMCUS OF tA•SrmO IRONtFrNr-or1” r cor r4 LOTS 83-85 0.60 ACRE 4 Ifx1sTIMC IRON PIP[ IV1TH CAP � . I. ^' PitaPFav Lor sa .ih 1 S 41'26'36" f . J S aJ'as'30" M�� }6.61 ►g E1a5 P1PIr C ♦ NQTI St P i�ras APAP No mm fSNOi M1r�LNoco ratCOaAna � axlsiac a+oN Pa�E _MrH CAP l+ COMER f h s - BOUNCARY & LOCATION SURVEY FOR �- '��'✓ RALPH HEALD � 13 ov y^ ALBEMARL E TOWNSI !IP ANSON CO. N. C. SCALE: 1 " 50' JULY 217TH, 1999 L lPF' 'a''^1 LOCATION MAP `� r R. HARRINGTON &'ASSOCIATES NOT TO SCALE__ j LMES HARRINGTON SCRLS 10037 EBOX 362,DWIIDES@OHN.C.RLS 28170u11, NC 24-27: C (704) 594-3116 FAX (704) 694-782J "�^'�^�• ? 99 9 J 50 25 O 50 IPF— IRON PIPE FOUND U.tJ OM BOOK SCAT E -IN FEET / 1. JAMES I:ICHARD LYiri f RTIFY THAT THIS At4P nao suRNVLYIND 'i >RS AITHE RATIO OF PRE% , • / 15 is 10.000+. RIO9WD OAR RIIY CRI.Sa -=11 C.P. !v LOTS 93.84 & RUSHING - 85 NOTES... 9 1 tIS �IRAPMGyGT" O �•• 2 THIS ROTiIG11WL SIQI�iATURE / 'C� 3431104 ANO SEAL I . �, �T t PINCHED IPF 3 ALL DISTANCES Ail GROUND DISTANCES. 4 FASEME SMDSE — —WAYS NOT SURWt T*. UNLESS. \ . 5 UNDERGROUND UTILITIM YANKS. AND OR LINES NOT SURVEYED UNLESS NOTED OTHERWISE. 5 THIS MAP IS FOR THE EXCLUS1W USE OF THE ORIC/NAL' \ tT� �• PURCHASER OF THIS SURVEY AND IS NOT TRANSFrPAftL ` TO SUBSEQUENT OWNEft OR ADDfflOAW 7 ARRFA 8Y METHOD, 57I1U?TONS. COMPUTED COOROINATE 8 NO NCGS MONUMENT FOUND WITHIN 2000'. . 9 B£INO LOTS OC67 Qc 68 PLAT 6009 5 PG. 105 \ TIIIS PLAT EXCESSIVE ERRORS. \ i� '� CONTAINS SURVEY &ASED ON EXISTING EVIDENCE. UN 36 N -1q . \N \ I'INGl IL V /YF AXLt tOUND .y: •t �'. N s��iapiy COMPUTED POINT L. f�. do 1. s+�no (I -AK t IN.! tIZY) DOWN EDGE OF CLIFF ___ • UMBLE TO SET CORNER L07 89 VR j COMER L lPF' 'a''^1 LOCATION MAP `� r NOT TO SCALE__ j LEGEND... C/. CENILRLINE RIGHT—OF—WAY . SR S ROAD NC 24-27: NOW OR N/F =NOFORMERLY W OR F "�^'�^�• ? IRS IRON ROD SET IRF fRDN FOUND J IPF— IRON PIPE FOUND U.tJ OM BOOK ConnectGIS Feature Report J,PCONNECTGIS � WEB HOSTING STAI�.Y COUNTY (AI A co '00,00 (�0 2469 MEI 2f) 86 .ti N E 00 S W 11/27/18, 4:26 PM Stanly Printed November 27, 2018 See Below for Disclaimer !o 3367 1 :46 Feet https://stanly.connectgis.com/DownloadFile.ashx?i=_ ags_map3507b7cf0feb4011a34675bf251edea0x.htm&t=pdntid Page 1 of 2 Rail Roads i Roads Parcels City Limits (15) 1 Albemarle -------__�� ■Badin LOCLSt Misenheimer New London 4 ■ Norwood Oakbom ■ Red Cross Richfield Stanfield 83 Lease Land Records ■ Surrounding Counties 11 !o 3367 1 :46 Feet https://stanly.connectgis.com/DownloadFile.ashx?i=_ ags_map3507b7cf0feb4011a34675bf251edea0x.htm&t=pdntid Page 1 of 2 ConnectGIS Feature Report CHARLOTTE PIN 657602682469 Physical Address LAKE TILLERY RD 113 12102 Tax Record 28604 Mailing Address 6717 ELMSTONE DR State NC Deed Acres District Code 116 S ALBEMARLE #1 TWP Finished Area 0 Deed Book 1616 Plat Paag 105 Owner Name KLECKER LLC Mailing Address 2 ZIR 28277 Lots 3 District Desc EASTSIDE FD VACANT Dt 1 7/17/2017 12:00:00 AM Deed Page 749 No 11/27/18, 426 PM his map Is prepared for the Inventory of Real Property found within this jurisdiction, and Is compiled from recorded deeds, plats and other public records and data. secs of the map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the Information contained on th' ap. The Stanty County Geographic Information Systems Division of the Office of Information Technology assumes no legal responsibility for the Information contalne n this map. Also, when the deeds and or plats are viewed for a parcel, the Stanly County Register of Deeds Office makes no guarantees regarding the collection, ccuracy, authenticity, or use of these records. The web site is for informational use and convenience only. The Register of Deeds shall in no way be held responsibl or errors or omissions in these records nor for any actions resulting from their use. The official records are kept in the Stanty County Register of Deeds Office. To vie his on this site you must Install the AffemaTIFF viewer. To install, please visit hftp://www.affematlff.comfinstall-lel Waring: City of Norwood: Within the city limits o orwood any Improvements such as boathouses or piers that have been built on land owned by Duke Energy are considered to be located on leased land and thereto If not be found using this program. These Improvements are also not considered to be located within the city limits of Norwood and are taxed accordingly. Th eased land records can be Identified by going to StanlyTax.com. If a property is located on Lake Tillery In Norwood has a parcel number of 1234 then the tax bill for th aterfront Improvements located on Duke Energy property could be found by placing an LL01 after the parcel number. On SlanlyTax.com search by Parcel / Recor umber and enter 1234LLO1 for this example. https://stanly.connectgis.com/DownloadFile.ashx?i=_ags_niap35O7b7cf0feb4Ol1a34675bf251edea0x.htm&t=printid Page 2 of 2 Q IM S , DE SE 09 .� I I O n r- � oe.,-40 M / ,l�,.% � r Mr J,f no 1 r) CO qt ev 60 l low pb4p IXMI Leo P 16 1 0 XY r -- I %3 13 01 04 , It / 10 4A 4r' p $14 f♦. l DUKE ENERGYINTERNAL USE ONLY Construction ,If.' DUKE Date Received App Fee AmtApplication *ENERGY version 18c Duke Energy Lake Services Site ID HEP Fee Mail Code EC12Q 526 S. Church St. Charlotte, NC 28202 I. APPLICANT INFORMATION (applicant mailing address and contact information) * homas Klecker 04-668-4808 Name Primary Phone* Address* 717 Elmstone Drive Secondary Phone 04-668-4803 City* lCharlotte State*� Zip Code 8277 Email om.kiecker44@gmail.com II. PROPERTY INFORMATION (location of permit) Is there an existing dock or other facilities Fi/ Yes If yes, include Dock Tag #. If tag along the shoreline property or over the Lake? ❑ No cannot be located, note that here. * AR -35820 Address* 3510 Lake Tillery Road I county* tanly city* Ibemarle State* NC Zip Code* 8001 Lake* rillery Subdivision Lot(s) Latitude and longitude of the property. Please use a service/software to acquire the location information. Values should be provided in Decimal Degrees format (35.1245). Latitude (e.g. 35.12345)* 135 - 7.944-11 Example service: http://getlatlong.net/ Longitude (e.g. -80.12345)* —so -0992 to III. PROPOSED ACTIVITY (check all that apply) ❑New/Modification of Existing Structure ❑ Maintenance of Existing Structure ❑New/Modification of Existing Shoreline Stabilization✓Q Maintenance of Existing Shoreline Stabilization QTransfer of Ownership (check box if you want a copy F-� Other (Describe below. If the activity involves an irrigation of permitting history '� ) withdrawal, include the pump capacity.) Structure size (squares dock covered? Yes 1:1 No Number of slips feet) Is structure a common use dock? [:]Yes*No Number of jetports *If yes, see special note in section VI/ Shoreline Stabilization Length of 100 Feet Distance from shoreline (feet) n Shoreline stabilization (feet) I i Brief Description of the Activity Describe briefly the existing structures over land and water (include sq ft) Materials Rip Rap Erosion has caused the current shoreline stabilzation to detach from the shoreline IV. Additional Requirements (include with application; limit document sizes to 11"x 1T or smaller) You must include the following items with your application (unless specifically excluded for your application type). Survey stamped/signed by a professional licensed surveyor ❑V showing the location of the existing or proposed structure and/or survey of the existing or proposed stabilization (not required for transfer) Photos along property shoreline and photos of existing structures and/or stabilization in or near the water ✓❑ Application fee (check only, payable to Duke Energy) MSigned Applicant's User Agreement Letter V. Application Processing Plan and profile drawing showing all measurements, elevations, and irrigation line routing (not required for transfer UNLESS tag number can't be located, sketch can be used in such cases; not required for shoreline stabilization) Local and state permits (building permits or exemption letter required for all structure applications at Catawba- ❑� Wateree lakes in NC,Tega Cay, SC,Kershaw County, SC, NCDWR approval required for shoreline stabilization in NC, - not required for other applications) Habitat Enhancement Program payment (required only for New/Modified structures at Catawba-Wateree and Keowee- Toxaway lakes and shoreline stabilization at Keowee- Toxaway) • 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, typically via email. VI. Directions by Road aad east on 24/27 from Albemarle and prior to crossing the bridge of Lake Ilery you would take a right on Lake Tillery Road. 23510 is the first house on e left on Lake Tillery Road. Directions by Road* VII. Application Submission Please complete, print and sign this application. Then enclose all items required per Section IV above and submit 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:. Applicant signature * Common Use Dock Co -Owner Signature(s) and Information (all owners of common use docks must submit a signed Applicant's User Agreement and application fee) Name Address Signature Name Address Signature Attach additional sheets if there are more co-owners DUKE ENERGY PRIVATE FACILITIES "APPLICANT'S USER AGREEMENT" (Fill in blanks with required information. Please Print) Date December 3, 2018 TO: Duke Energy c/o Lake Services - EC12Q 526 S. Church Street Charlotte, NC 28202 RE: (Lake Name) Tillery (Lake Address) 23510 Lake Tillery Road Albemarle NC 28001 (Applicant's full name) Thomas Klecker hereby agrees to comply with all requirements and conditions set forth 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 stabilization of the shoreline on Lake Tillery In addition, Ifwe have read and agree to comply with Duke Energy's Shoreline Management 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. I4e 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. IAve 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 I of 5 Rev 11/9/2016 I/we 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. I/we 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 I/we may be allowed to place within the FERC Project boundary or on any Duke Energy -owned property. I/we understand during drought conditions Duke Energy may request reduced usage or discontinued usage of any water withdrawal or related systems, until such drought conditions improve. Failure to do so may cause possible removal of the system and/or any other permitted facilities that I/we may have, and any costs associated with removal of the facilities will be assessed to the lot owner. I/we 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. I/we acknowledge Duke Energy provides no guarantee of any specific quantities (except those identified in the FERC license) or quality of water in the lake. I/we 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, I/we agree to repair or remove the private facility at my/our own expense and within the specified timeframe set by Duke Energy. I/we 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. Ave 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, I/we agree to remove the facility at my/our own expense within the specified timeframe set by Duke Energy. Ave 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 leased lot within the affected subdivision. Ifwe 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 11/9/2016 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. I/we understand lake use permit holders have the authority to prevent others from trespassing on the facilities I/we have built. I/we also understand Uwe, 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. I/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. Ifwe 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. I/we agree the adjacent Duke Energy Project property, if any, shall be used exclusively for non- commercial recreational purposes and that Ifwe 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. Ave 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. I/we agree to exercise all care and due diligence to preserve and maintain the character of the Duke Energy's adjacent property, if any. I/we agree to comply with the Duke Energy vegetation management requirements as stated in the SMG. I/we agree further to not allow sewage, including discharge from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other waste material to be discharged or dumped into the reservoir, tributaries or adjacent property. Ave understand that as an adjoining property owner Uwe can make no change in land form of land within the FERC Project boundary or land owned by Duke Energy, 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 Ifwe assume all risks of personal injury or property damage incident to my/our 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. Ifwe as the adjoining property owner(s) further agree Ifwe will indemnify, protect, defend, and save harmless Duke Energy from any and all loss, cost, Page 3 of 5 Rev 11/9/2016 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. I/we understand certain activities specified in the SMG are prohibited because of environmental concerns, boating capacity limitations, safety considerations and other reasons. I/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, I/we am/are not entitled to reliance damages. Ave 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. I/we understand every reasonable effort must be made to minimize adverse impacts on fish, wildlife, and other natural resources. I/we 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. l/we 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. I/we agree to maintain any prescribed mitigation activities that are required in order to gain approval for facility construction, as long as the facility exists. I/we 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. I/we 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 11/9/2016 Uwe 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. I/we 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 future lake use permitting activities for up to five years for improper vegetation removal or until vegetation is satisfactorily re-established (even if there is a change in property ownership); 3) revocation of a previously issued permit and loss of consideration of any future lake use permitting activities and/or reinstatement of the revoked permit; 4) increase in fees; 5) modification or removal of non -complying facilities; and/or 6) further legal action being taken by Duke Energy. Ifwe 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. Ifwe 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. Ifwe 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. Ifwe agree to notify Duke Energy when construction is completed and during the construction period, I/we will post the Duke Energy approval (to be provided by Duke Energy) at the job site visible from the water's edge. Thomas Klecker Applicant Name 23510 Lake Tillery Road Lake Street Address Albemarle NC 28001 City/State/Zip Code 704-668-4808 Preferred contact Phone Number tom.klecker44@gmail.com Email Address Page 5 of 5 Applicant Signature 6717 Elmstone Drive Home Mailing Address Charlotte NC 28277 City/State/Zip Code 704-668-4808 Home Phone Number December 3, 2018 Date Rev 11/9/2016