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HomeMy WebLinkAbout20190077 Ver 1_Shoreline Stabilization_20190114State of North Carolina Department of Environment and Natural Resources Division of Water Rurces� 15A NCAC 02H .0500 —Water Quality Certification, Shoreliabilizabon Division of Water Resources FORM: SSGP 10-2013 Shoreline Stabilization Application Form ? 0 1 9 0 0 7 7 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 [15A NCAC 02H .0502(a)] 1. Owner Information 1 II // Name: 11.1*, ( I I Q.rYI C�,r1('[ �� , zc�b2Jh Vi , te_ Mailing Address: IR44S L;ve. Oa.Ks fir. De.n,4e_ra NC )A03'7 Telephone Number: "10K -53C) - a53ci Fax Number: E-mail Address: h; Uk"te� horn ,1. coM 2. Agent/ Contact Person Information A signed and dated copy of the Agent Authorization letter (a form can be downloaded here: http://www.saw.usace.army.miI/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTH ORIZATION FORM.pdf) must be attached if the Agent has signed this application form. Name: Company Affiliation: Mailing Address: Telephone Number: JoN - U60 - S 111 Fax Number: cloy - &(pO - 5G Coq E-mail Address: W,% Person to receive the Certification Approval:�an,ce. E;5 eff II. Project Information [15A NCAC 02H .0502(a) & (b}] 1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. 2. Provide a detailed site plan showing property boundaries and proposed locations of vegetation clearing, structures (buildings, retaining walls, docks, impervious surfaces, FORM: SSGP 10-2013 Page 1 of 3 etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the diagram provided at the end of this application form. 3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort- a yard stick, shovel handle, etc.) 4. Location of the property (where work is to be conducted) County: Li ncnt n Nearest Town: -i e.n\jer Subdivision name or site address (include phase/lot number): ' u q'1 R6 66 J C t. )enve.v- NIC )26-3"1 Lo -t # --L Directions to site - please include road names and numbers, landmarks, etc.: i_ 'l'1 N. If, ex'atl l� _ hgi'- Jed IL"h'._ i�eCv NC. IU IA -urr\ r%ghA-on ,�c� ,--,0k,rchQd (urnr1 60 ZY4- on+n NIC I e -G sin 5c, ) I r n k + on+c, We -66-,, MSCI ; + to 164 OfTio llur6n Ln E,rn r►nhkonIo We)n6S Chapel L -i UrCII PA +ham rtaht cynic, i lc ���r, Latitude (in decimal degrees) 35. 5 3 q 1 IS Longitude (decimal degrees) — 80, q LO to a 1 5. Describe the existing land use or condition of the site at the time of this application (residential, undeveloped, etc.): I e_5►de4161 6. Property size (acres): a.82, ac -res 7. Lake/ river/ ocean adjacent to property: hlo r man 8. Describe proposed work (include discussion as to how hardening of shoreline has been avoided, or why it is necessary):�r� do,r,o Vi� kna9 e _ rnn-6-ria A-0 6c_ haukecl nc)-� 1 -Ju a_an_c IJ 9. Will work be conducted from land? Er, From water? E' 10. Total amount of disturbance (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level/ Normal Water Level in square feet or acres: o.ngLQ 11. Total amount of disturbance (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal pool lake level/ Normal Water Level and 50 feet land -ward in square feet or acres: IO' X Io 0.reo Coro.e�J +C' bo -L) rv)aker-%O 12. Please describe the vegetation above the normal pool lake level/ Normal Water Level and 50 feet landward to be impacted (number of trees, for instance): Q MZS kopyer' M i rl.. tY1Q_( C1144t )rnn ne p 4-n �N-4-�t r' r%n ry mn.co A U ti I �— T-qo (, M[15A NCAC 02H .0502(f)l Date `Agent's signature is valid only if an authorization letter from the owner is provided. FORM: SSGP 10-2013 Page 2 of 3 Full Pond/ Normal Water Level i®iii} Shoreline La ke (At Full Pond/Normal Water Level) 10' M a' C0-� below T 5 (0 13yF�er r�bo�e� WIDe, ACCe.5b bj%I[iamE, CItzal CAh Ie- rl to l9 -P%v`N�h`t � C r. -ben\jer, KC. a6c) v9 ® i i i r i No -�Yees removed YYl ; n rna.` I) ►4u r6a rC,e -E-o b�F�er Please approximately sketch the following information on this plan (provide dimensions for each item, such as 10 ft x 100 ft)*: 1. All proposed vegetation clearing 2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation 3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation 4. Location of any proposed structures such as buildings, retaining walls, docks, etc. 5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation 6. Location of construction access corridors FORM: SSGP 10-2013 Page 3 of 3 CATAWBA RIPARIAN BUFFER NOTIFICATION FORM K'►Ie- Project Name/ad ress: q b C 6 County: L, r\(;o1Y) Owner: Print Contractor/agent: _Me_ Bee -LI nq LLC Print iBnature n4& 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 0213.0243 (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)] Ack owl gement of N ificgtion Ihereby state that I have been informed of the Catawba Riparian Buffer Rule. ny ork conducted 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 t econstrtlo wit be built within substantial compliance and intent of the 401 Water Quality Certificat n a d Buffr ule , the appro lan(s) and specification(s), and other supporting materials. Signature (owner): Date: State of North Carolina I Environmental Quality I water Resources 512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh. NC 2 769 9-1611 919.7079000 I,Mt, 0! M. dl" pO.lfi ttls�Mi°.°s°M0 ' �Yt�o.$161'1C 1�95'P6.1T4i�` • M MR � YYF CIN,eII ! •IM NNII NNI ICI lIL • r t� teNNtr rale eIN rIr s weN.r rNNv1r. � awaRM olRouN 4.,�9j��/iawr onloDi a -•�..— o01MA, OORP1i 111H M wt eR RM A w4a1 ns oan1961oN A M4 t1ATRg1i Rg1RIY011! �� x wr x N�NNre IwYI -���e�YYM~MNe,trwMMMYe {� —tMw 1. NORM GM0111l i M•.dt 4 A NMW P�puc Lm� - _ _ - colRrrY oo RY AfORMAD 1110FIE RE ME K AND AOXNO.Cm Rdtanawir An�t�D 111E O CUTON OF T8: FWMOM0 THIS DAY or o"oft_ $r1/ OR UAL NY �rti-t�241� I PB C-13 rwttn NM74 I CHRISTOPHER PG: 52 DUPLESSIS I 2734/4531 w. hrr, r 4Per • Iola, YI eeNr Y•eYr %Y r 11� M i�ee1N YY�Ir1�w�iY,�rMewYY�wi,� Y rwei Y IIW� r 1rY FJRY LYFORYAf70N.• COW PMEL /:37104615W EFFECT. DATE 9-0-2007 ZONE: X & AE j sa I �• 1 1� I 1 aD o •':: 1� II IK n �I �1 1 yl I 1 1 I I 4L ._t. != N�oll•M CAROUM C.C1r lYf M ICV M 0R f N4 , N llN�p) �4N �Ir��1/�glY�p IAON AMIYL NN1p WO[ EO�iNI NNONi N i� �l M � � � NY TK 1K Mlp O M —ma= RBa N WIl6M Ae esAMR6 • rl��`. D1lw�10i�9�ey.R1IN1p�Ym Yet.w�am 400�� M�It-�-71�IIM M NNrNot N AOMNIYO< YNI 41 N.M. rNlNof. � MIfM_YP Ny0110 F9L M ltR � GN 4 1 Aferm awrr'.Ie w6 41.1{'C . d •eYa rwelMr. MCN M �, >K v ea1el AMi6 A Dane aoNNo NR,F, a " a ■mlaert 1.L 0 CWirI a Ow.ft-- i.�iw" �/_ Ynrt. aNA Y 1fIIY1 Y 11. r rr ti,/M u\ NiN we.w�M/w�/ d��iY�l,lti r� M caro 1a.Io I I I DB: 2242 PG: 88-91 PN 4915-47-6105 I PG: 666 rwttn NM74 I PB: E PG: 52 YIM-NOT l`IF PG: 296 O1Nt I{ I 0 50 1.166 CC.+— I It'll N X SITE WOOT CIRCLE UUMN sunvtrB J -i � erNM. n000 11R \ ro Mw Yr M fNfrq � 1 tv,en IMSI � rw N1s-NwMt .67 yr: • . • • I40ICa9iYilfI1�9\I'.-S4iCFCYFY t-■1lii:z7 Ya-1...Allm [' An TOTAL ACREAGE 2.822 AC.+— pma N * / \� re• 1lM NNMNN. N <s oon � :m ice°" , /O ��• •.;:,. \��� PWAU NIM. 9 / so rAftft P"3 MN4 pew I ti N1� �,}•. [/ DEDMON SURVEYS CHUCK POOVEY, PLS /3762 ROBERT DEDMON, PLS /3899 3704 NC HIGHWAY #16 BUSINESS NORTH P.O. BOX 494 - DENVER, NC 28037 PHONE: 704/483/4908 FAX: 704/483/2170 !M N W a Mc 17 - 365 - 385 (1) ra OowINM Pr68. Md 8NG 021/20181218:18 PM F" 821,00 B. G. JOHNSON 671-322 Imm U mM Ceap Nom ca .r 70 D NP -lb" R§&Wom b M PB E-52 WN MOWALL 932 CHEROITEE RD YE AN 6 MARY N P. HAYES - GTNER M AGENT T - DEONK SURVEYS - CHUCK POOMEY 704-453-4905 PROPOSED USE - RomEN11M. PROPERTY IS ZONED R -SF SETBACKS: FRONT - 30' REAR - 40' SIDES - 10' REFERENCES: PN 4015-57-2050 PN 4915-57-1103 PW 4815-57-1242 DB: 2242 PG: 88-91 PN 4915-47-6105 DB: 2784 PG: 666 PN 4815-47-8051 PW 4615-57-0084 PB: E PG: 52 PN 4615-47-6179 DB: 577 PG: 296 50 0 50 100 160 ---- -C >xA1g - TEST DATE 9-10-18 EE7M:- 86-91 REV. 12-6-16 PO: SCALE: 1 ` w 50' 52 CATAWBA SPRINGS TOWNSHIP LINCOLN COUNTY, NC SUR:. Br: HL I DRAWN: CP JOB/ RABBITS EXEMPT COMBINATION FOR M. HAYES & MARY ANN P. HA MULTIPLE PARCELS AS SHOWN 0 7679 RABBIT CIRCLE - DENVER NC ..w P I'. 4[, 'RF' William and Elizabeth Kile 7679 Rabbit Cr. 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'I� }+ W� •.�'t Esti., Inc., Lincoln County, NC 100 200 Feet I I I I I I inch = 82 feet 1rAW9 7679 Rabbit Cir - Google Maps Go gle Maps 7679 Rabbit Cir imageryOZo19 Google, Map data @2019 Google 50 ft haps:!/www.google.corrVnWs/placeJ7679+Rabbit+Cir,+Derner+NC+28037/@35.5397303:80.9667028,162rrJdata=!3m1!1e3!4m5!3m4!1s0)B856ad7335c0339F039d1�154�r-14ac�� 1/3/2019 Go gle Maps 7679 Rabbit Cir 7679 Rabbit Cir - Google Maps 7679 Rabbit Circle S f m ch i m f Rahblt C�� c v R•eb�c„ goo° Go gle G. V� P� Map data @2019 Google 50 ftp_ httpsJwww.gong!e.comhrrapslpiaceJ7679+Rabbit+Cir,+Denver,+NC+28037/@35.5395013,-80.9666254,lWdata=!4m5!3n-4!1s0)e856ad7335c0339i:0A9d19599557b258e!8m2!3435.53AfimRtar�ttnoaa'37a, _ ., 1/3/2019 MyTopo Map Print u 0.5 Mi 0 3000 Ft Map provided by MyTopo.com httpJ/reap-pass-nVopo.corrirnaps/print mytopD.asp?prird=20&scale=2.5&layer=DRG&layer=HILLSHADE8Jat=35.53951176134,988&Ion=-80.96621404999996&orient=l&res=144 �I t ' r e ,r ti w r •�WA,jL • l i w � } r �I t ' r e ,r ti w 1/3/2019 G Cil MapS 7679 Rabbit Cir 7679 Rabbit Cir - Google Maps imagery 02019 Google, Map data @2019 Google 50 ft https://www.9009!e.corNmapslp!ace/7679+Rabbit+Cir,+Derner,+NC+28037/@35.5397114; 80.9664845,146m/data=!3m1!1e3!4m5!3m4!1.O)dK9d19594.r,',�ro.cj4.iamgi-bqzr,r,'UecmOIAA -- 11 - DREDGE SPOIL DISPOSAL FORM Project Name/address: 7Qls'� ►ebb, 4 Cr L�n ,� r ?SIC d�631 County: ,icy(►-� _ Location Address: l�, �•rm I-��uU ��v r�,�i,l(� NC' af�llr Parcel #: L{ t eI „ —1 _,), G l _ I _ IJ -,'A Parcel/lot size (`o . L4Q c, Lr Disposal area required (sq ft and/or acreage) L Cc) X 100 l Acknowledgement of Notification am aware that the site must adhere to all state regulations and rules regarding sedi ent and erosion control and water quality. And give permission for Name of Individual and Company to dispose of their dredge material at the above stated location Owner: Along with form, please provide: Aerial of parcel/lot (County GIS) Photo of proposed spoil site Identified proposed spoil site SPCONNEC-�GIS %Wf " 1 1. IrP.-I County Feet https:/riredell.connectg is.con-VMap.aspx 1/1 12/312018 Go gle Maps CBC Stone & Recycling, LLC CBC Stone & Recycling, LLC - Google Maps Imagery©2018 Google, Map data 02018 Google 50 ft https:/Mrovwgoogle.comlmaps/place/CBC+Stone+%26+Recycling +LLC/@35.6040425,-80.8081152,229rrddata=I3m1I1e314m1211m613m511S1b6853ffd5bla348b5:0)ea4700eb4fac120cl2sCBC+Stone+%26+Rec�cli... 114 Duke Ener2v Excavation Permit Ayip ieation Form FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit S Check # Date Recv'd Initials Ditto of Duke Energy Lake Services, applicant and/or contractor on-site inspections Date Initials Date Final Protection/Avoidance Arca Markings Field - Verified Initials Approved to Start Work By * : Date (Sign) Date Completion Required Date of Any Approved Extension Initials 4 r Date Passed Closeout Inspection* Initials Any Stop Work Orders or SMG Violations*? (check one) ❑Yes ❑No (!f Yes, explain irr PART V) Date Deposit Refunded initials Date Permit Database Updated Initials * Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work Part I. Applicant Information (Please Print) NameLJ-, IIia_tft E ; 2"e4i1i i _ Telephone ring- Sao - R539 Emailaddress:•- •�. u' ... Lake Address. -I allIg ` Contractor Company Mailing Address (i different '78J457 Lyp Oaks Dr 1, N 1 M-44 Contractor Contact Person , Ta kr- Telephone (_)lett - UG() -SI 11 Contractor Email Address:LAKE LOT LOT INFORMATION Laked County Li innj n City -be -ave -e State_UO_Tax Map No. Subdivision N A Lot / Section No. Lot SizeAcres Duke Energy Page 4 of 14 rev 216/17 Excavation Program Duke Energy Excavatlon -Permit Apniicatlon Farm Are there any Co -Applicants*? (check one) OYes hyo (If Yes, inchtde names, addresses or lot numbers, phone mmnbers, lot sues in PART V — ADDITIONAL INFORMATION) * Co -Applicants exist when the proposed work is being done under a single application, will be performed by a single contractor as one continuous project, and is done to benefit multiple owners / lease holders of Project -front properties within a single development. The check for the application filing fee and security deposit should be from the party shown as Applicant and not several checks from the Applicant and Co -Applicants. Do not continue the application until an on-site inspection has been conducted behveen a Duke Energy Lake Representative and the applicant and/or the excavation contractor. NOTE: Initializing this portion of the application by a Lake Representative in no way constitutes approval or eminent approval of the excavation or any other lake use perfnitting activity. Date of on-site inspection l Initials (Duke Energy) (applicant(contractor) Duke Energy Page 5 of 14 rev 2/6117Excavation Program Duke Enerav Excavation Permit AvOication Form Part 11. Description of Project A. BASIC INFO 1. Type of excavation:.(check one) O New excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) ❑ Boat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel 'Other (specify): ncL• + docVk L,.a=y e,95 3. Lake user category: (check one) 0fr"ivate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (specify): 4. Max. Excavation Area Dimensions (ft): Length 30, Width —r-10' Depth r4 ' (Note: include additional area dimensions if necessary so response to #5 below equals max. area dimensions in #4) 5. Volume of Excavated Material (TOTAL for the project): 155. IS.5 _Cubic yards 6. Type of material removed (applicant determines by field sample if practical): 7. Excavation Site area: _ Qq to Acre (s) Disposal Site area: Q, aq Acre (s) S. Total Disturbed Area (including equipment staging area): _ OG l0 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) ❑Yes ❑No 10. Do you claim title to the disposal area? (check one) 6'Yes ❑No see cL4+c- i of deed 11. Do you claim title to the equipment staging area? (check one) ❑Yes W<0 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes Of4o (If Yes. specify): 13. How will the excavated material be entrapped and the erosion controlled? (e.LcLra see attached erosion control plan and disposal area design): -breAae. -66 e Arm u b e - Duke Energy Page 6 of 14 rev y6/17 Excavation Program Duke Energy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) Ores ONo (Yves, explain)_ "Gj -i acme, 16. Will return water re-enter the reservoir? (Check one) OYes 61io ON/A (If Yes, sped points) of re-entry and show on Excavation Area Drawing) 17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? existing ONo (If Yes, specify the existing permit number. If No, include a scaled drawing of the proposed facility). - Permit #—I 18. Total planned duration of the work (Inchide first equipment mobilization, excavation through final mitigation measures complete): START a_ /. i g FINISH (Month) (Year) (Month) (Year) Duke Energy Page 7 of 14 rev y&i 7 Eeeavation Program Duke Enerzy Excavation Permit Application Form PART U. (Continued) B. PROTECTION / AVOIDANCE AREA DESCRIPTION Complete the following table including all land areas within and immediately adjoining the disturbed area: Protectiou/Avoidance Areas (check all that apply) Approx Identification Method in Avoid (A) or Mitigate (M) Acre Field ID Work Area DnZ. ID a. Marshland, swamp, ponds, beneficial aquatic vegetation or other potential wetlands (circle all drat apply) b. Buffer Zones (specify wielth & source of require»rent) logiw idf- nr_ces5 �d �-ia.V1 �re 2 i1�aerlet( O��kKA Ingy e,r 2oru - ASO' ma.1 tit irkvrlmric.� ,no c. Environmental Areas as identified by Duke Energy d. Natural Areas as identified by Duke Energy e. Historic properties (speck) L Rare or threatened species (sped) Duke Energy Page 8 of 14 re 3/6/17 Excavation Program Duke Energy Excavation Permit Appflcation Form P_ rotection/Avoidance Areas (check all that apply) Approx Acre Identification Method M Avoid (A) or Mitieate (141) Field ID Work Area Dwn. ID a. Buried gas, water, sewer, communications or electric lines (circle) h. Impact Minimization Zones as identified by Duke Energy J. Other areas requiring specific avoidance, protection or mitigation (spec) * For "Field ID" column, specify entity or person that perfonned the identification and how it was physically marked (e.g. Duke Energy (John Doe)/Pink and purple -dotted tape, Corps of Eng. (John Smith)/ yellow flagging). For "Work Area Dwg ID" column, show the symbol that is used on the drawings to identify the protection/avoidance area. ** List and attach mitigation plans Duke Energy Page 9 of 14 mw,/6117 Excavation Program Duke Energy Excavation Permit A 011catio_,_ nim C. APPLICAVT'S SIGNATURES Comments: ver a O n r Applicant Name (print) i r ` C Lot #_ Date Co -Applicant Name (print) �"'� ���[ Lot # ra���i�► _ Date AfL2� Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print) Co -Applicant Signature* CQ -Applicant Name (print) Co -Applicant Signature* Co -Applicant blame (print) Co -Applicant Signature* Lot # Date Lot # Date Lot # Date Lot # Date *Per my signature, the information provided in this application is correct to the best of my knowledge, Duke Energy Page 10 of 14 Excavation Program rev 2/6/17 Excavation Project User's Agreement Letter (PIease fill in the blanks. Please Print) Date TO: Duke Energy C/o Lake Services - EC12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For Su Name) (Lake/County/City) Lot #'s or Other Project AW . . .-Ism (Applicant's All nafne) j;1 a,,,,, f ''� 2�„u hereby agrees to comply with all recommendations, requnements and/or conditions of Duke Energy Lake Services, General Permits) (if ('PPlicable) and other federal, state and local agency requirements perta application to excavate for the purpose of a Me i ►, ,,, --�-�.4Z, �ea-� c ining to the In addition, -[Ave have read and agree to comply with Duke's current Shoreline Management plan (SMP), much of which is repeated herein, and understand that written authorization must be obtained from Duke Energy Lake Services prior to b within%inning any activity project boundary io oa Duke Energy land, The excavation will a ompleted describedthe inthe approved application and within eighteen (18) months from the date of written approval by Lake Services, unless specifically noted otherwise in the application or unless lfwe obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy Lake Services. I/we understand that if the SMP or other applicable rules change during any extension period, !/eve will be expected to comply with the new requirements to the maximum extent practicable. 1/we also recognize that failure to complete the excavation within this build -out period will -current SMP and the new application must require the fling of a new application within the then include any applicable fees and security deposits. Mve attest to be the owner(s) or lease holder(s) of the land immediately adjoining th boundary or Duke -owned peripheral strip where the excavatioe project n activity the owner or lease holder, I/we have included proof of title to the.Propertyty is to take place, or if not authorization from the owner(s) or lease holder(s) to c and written boundary adjacent to their land.Y out the proposal within the project Ihve attest to be the owners) or lease holder(s) of the land that will be used for equipment staging and disposal of excavated material or if not the owner or lease holder, Uwe have included DUW &�V page 1 rtN: vivn proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the work on their land. 1/1ve understand that all excavation work must be done directly in front of any/our property and within the third of the cove nearest my/our property or within any middle third of the cove that Duke Energy owns, or Ave have written authorization from the owner(s) or lease holder(s) to carry out the proposal within the project boundary adjacent to/on their land. 1/tive also understand that access channels must run perpendicular to the shoreline while within the third of the cove area that is nearest my/our property. I/we understand that for proposed excavations, Uwe must notify the appropriate local, state and federal agencies in advance of the activity by sending them a completed copy of Duke's Excavation Permit Application Form and other required information. fAve understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before Ihve submit the final application to Duke Energy Lake Services. 11we understand that except for maintenance excavations, any excavation exceeding 2000 cubic Yards of material removed or any excavation or shoreline stabilization work needed to support an application that requires Federal Energy Regulatory Commission (FERC) review does itself require specific review and approval by the FERC before Duke Energy can issue any approvals. I/we agree that unless specifically approved otherwise in the application; explosives will not be used as part of this excavation activity. 11we understand that every reasonable effort must be made to minimize any fish, wildlife and other natural resources. adverse impact on unvdeer understandthatapplicantsinsouthCarolinaproposing excavations that are not covered the General permit; or are greater than ISO cubic yards, must receive prior written authorization from the South Carolina Department of Health and Environmental Control application to SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed Lake Services. 'r"" agroe that excavation activities in North Carolina and South Carolina will not occur during the months of March, April, May and June because of the potential impacts to fish.spawning areas. I/tive understand that trees and vegetation growing within or adjoining the lake play an important role in its overall environmental condition, and the ecological benefit the vegetation has on fish and wildlife habitat directly supports a sound and healthy lake environm that unauthorized removal of shoreline vegetation (e.g. button bushes;ent. I/we also understand ,willows, cattails, etc.) and/or disturbance of the shoreline buffer may result in suspension or°desual of lake use permitting requests, forfeiture of security deposits and require re-establishment of vegetation at my/our expense, particularly if the disturbance is found to be in violation of state or local ordinances or impacts FERC project buffers. Duke Swrgy Page 2 R=5113117 Uwe agree that all excavated material will be placed in upland areas, landward of the project boundary, and confined to prevent erosion and sedimentation back into the lake or nearby streams. I/ive agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. I/we understand that the double handling of excavated material will not be allowed; therefore, all excavated material must be placed above the project boundary in one handling. Mve have designed the hydraulic excavation process (if any will be used) so that return water re- enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. Mve agree that the proposed excavation will not be for the purpose of creating additional shoreline, will not alter the project boundary or the full pond contour, and will not impact threatened or endangered species, historic properties, or environmentally -important areas, unless special public entity provisions were made in the application. 1/we recognize that it is mylour responsibility to clearly locate in the field and label on my/our work area drawings any areas that require specific protection or avoidance during this excavation work. Examples of these protection/avoidance areas include but are not limited to, any Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. I/we agree to provide mylour contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures. Mve agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are discovered during the excavation, work shall be halted immediately. 1/we will then notify Duke Energy Lake Services and the State Historic Preservation Office to determine what measures, if any, I/we must pursue to protect or salvage the archaeological resources. I/we agree that any excavation from within the project boundary will not exceed the volume as outlined in the application and will remove and disturb only what is absolutely necessary to achieve the project's stated purpose. I/we agree to be fully responsible for the permitted lake use and Ihve understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. Ilive understand Duke Energy representatives may issue Stop Work Directives for violations of the SMP and other consequences may result from such violations, including but not limited to suspension or cancellation of approved permits, increases in fees, modification or removal of non -complying structures and restoration of disturbed areas at my/our own expense or loss of any consideration for future lake use permits. I/we agree to immediately comply with any Stop Work ow.. en*W Page 3 Rn: NJ JIM Directives, to fully cooperate with Duke Energy Lake Services and other agencies as necessa and to perform the necessary remedial actions within the specified time frame. ry' Ave agree to develop any required mitigation plans and to complete any required mitigation activities at my/our own expense within the specified time frames. We recognize that the excavation work is not considered complete and deposits will not be refunded until the mitigation requirements (if any) have been satisfactorily fulfilled. --u-ii uuKegi q at the 'ob site and visible from ehelwater's ed e. I/tive agree to notify Lake Services in writing when the excavation is completed (including any required mitigation measures) and that the excavation was completed per the approved application, so a close-out inspection can be performed. Uwe recognize security deposits will not be refunded if any violations of the SMP or this user's agreement occur. I/we understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. I/we agree to maintain the work area in a safe condition and tofully indemnify and save Duke Energy harmless from any and all claims, liability, loss or damage that may arise from this excavation project. 111-ve understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that my/orrr use and enjoyment of FERC project lands and waters shall not hinder the general public's lawful use and onjoynoat of the same. Sincerely, i Lot # ti Zd Lot # ouk. Ea v *Co -Applicant's Name (Print) Lot Co -Applicant's Signature *Co -Applicant's Name (Print) L— o — , Co -Applicant's Signature Page 4 RCY.118117 "Co-Applicant's Name (Print) Lot #, Co-Applicants Signature * Co -Applicants exist when the proposed work is being done under a single application, will be performed by a single contractor as one continuous project and is done to benefit multiple owners / lease holders of project -front properties within a single development. The check for the application filing fee and security deposit should be from the party shown as Applicant and not several checks from the Applicant and CO-Appiicants. By signing this agreement, Co -Applicants are in fact recognizing and agreeing to the same conditions as is the party signing as Applicant. Duke Enagr Page S aer, s:iani