HomeMy WebLinkAbout20052201 Ver 1_Complete File_20051214W A T FRQG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 20, 2005
DWQ# 05-2201
Catawba County
Mr.,Shawn Patterson
P.O. Box 3398
Mooresville, NC 28117
Subject: Lot #144, 9087 Burroughs Court, Northview Harbour S/D
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Patterson:
You have our approval, in accordance with the attached conditions and those listed below, to conduct
dredging operations at the subject location on Lake Norman, as described in your application received on
December 14, 2005. After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Number 3492, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. No impacts shall occur in the buffer, including the removal of trees.
2. Mulch or pine needles (6" deep) shall be used to help reestablish the buffer upon completion of the project.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition (that
o Carolina
N `
Natraa!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Barry Love in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
r
r„
1
for Alan W. Klimek, P.E.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Ian McMillan
Central Files
Jennifer Robertson - WNR
DEtvk vi-
t?:lt;T DS AND 5 :; .,.
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North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM iT,
TO: Ann Duncan, Lake Management, Duke Power Company
_r
- FROM: Ron Linville, Regional Coordinator - Habitat Conservation Program.
North Carolina Wildlife Resources Commission
t i.
DATE: November 30, 2005
SUBJECT: Review of Dredge Application, Kenneth Bealer Homes, Inc. (890 cubic yards), Lot 144,
Northview Harbor, Catawba County
This correspondence is in response to the referenced dredging application to remove sedimentation from
Lake Norman. The activities are to provide additional water depth for boating activities. The North
Carolina Wildlife Resources Commission (NCWRC) is authorized to comment and make
recommendations which relate to the impacts of these projects on fish and wildlife through the Federal
License of Water Resource Project Act (Federal Power Act-16 U.S.C. 791a et seq.), and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
It is our understanding that this dredging activity is necessary to remove sediment caused by shoreline
development. Based on our review of the documents submitted and site information provided, we have
no objections to the project. Any environmental areas must not be directly or indirectly affected by these
activities. Activities should not be accomplished close to buffers and submerged habitat areas as this
practice could create secondary habitat impacts or cause shoreline erosion. Unless suction dredging is
utilized, activities should be accomplished in the dry or during low lake levels. The NCWRC encourages
Fish-Friendly Piers for fish habitat and establishment or protection of shoreline vegetation for enhanced
shoreline habitats and erosion control. All excavation activities should follow Duke Power Excavation
Guidelines and any other special conditions specified by the US Army Corps of Engineers, Federal
Energy Regulatory Commission, and the NC Department of Environment and Natural Resources,
including Catawba River Buffer requirements (15A NCAC 2B .0243).
Thank you for the opportunity to comment on this project. If you have any questions regarding these
comments, please contact me at 336/769-9453.
Ec: Mike Parker, DWQ
Mark Cantrell, USFWS
Rowboat Dock and Dredge
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 733-3633 • Fax: (919) 715-7643
Triage Check List
Date: 12/19/05 Project Name: Northview Harbour, Lot 144
DWQ#: 05-2201
County: Catawba
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 12/14/05 - 2/12/06 1 1 " ?,I
From: Cyndi Karoly Telephone : (919) 733-9721
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
E 4
20052201
k" ?, ,rg NF ?PE
Wetland and Natural Resource
Consultants, Inc. November 5, 2005
WNR, Inc. Project # KeBeHo-1000
U.S. Army Corps of Engineers
Asheville Regulatory Feld Office
Attn: Mrs. Debbie Miller
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
R-E owl ri
DLC 14 2005
RE: Lot 144, Northview Harbour
General Permit 30 Application
Catawba County, North Carolina
Debbie:
vEi R -,;".,'Ai ER QUALITY
ciE i IP"I r S J!, ND JTO tU t jER BUNCH
The purpose of this letter is to request written authorization for open water impact
under General Permit 30 for the project known as Lot 144 in Catawba County, North
Carolina. The project proposes temporary impacts in order to excavate approximately
0.18 acres of sediment that has eroded into Lake Norman from Lot 144. Supporting
documentation including the Duke Power Excavation Application is included for your
review.
We would like to begin and complete the excavation work in December so your prompt
response would be appreciated. A copy of this application has been mailed to the North
Carolina Wildlife Resource Commission, the North Carolina Department of Cultural
Resources, the North Carolina Land Quality Section, and the North Carolina Water
Quality Section. Please call with any questions that you may have.
Best Regards,
iennifer Robertson
Canton Office Newton Office
PO Box 882 wnrinc com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828465-3035
828-648-8802 Fax 1 828465-3050 Fax
S r
Wetland and Natu
ral Resource
.
Consultants, Inc..
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolley, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Quality
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
I, the current landowner of the property identified below, hereby authorize Wetland and Natural
Resource Consultants, Inc. to act on my behalf as my agent during the processing of permits to
impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the
Rivers and Harbors Act.
Federal and State agents are authorized to be on said property when accompanied by Wetland
and Natural Resource Consultants, Inc. staff.
Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental
information needed for permit processing at the request of the Corps or DWQ.
Property Owner of Record: fr2 Vln li? ge'rs-tpd opt 16(.
Address:
Address: Moore Sv, It Q.. tj G 3'9 11 "1
Address:
Phone Number: (04Oc)
Property Location: q 0V 1 9,;rr00a4.t co'y -?-
Owners Signature:-
Date: d (- (- DS
Canton Office Newton Office
PO Box 882 wnrinc com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax I 828-465-3050 Fax
Name: LAKE NORMAN NORTH Location: 035° 37'29.67" N 080° 56'55.62" W
Date: 11/1012005 Caption: Kenneth Bealer Homes, Inc.
Scale: 1 inch equals 'l .515 miles Lot 144, Northview Harbour
WNR, Inc. Job#KeBeHo-1000
Convrioht (C) 1997. Maotech. Inc,
Name: LAKE NORMAN NORTH Location: 035° 37'28.72" N 080° 56'51.14" W
Date: 11/10/2005 Caption: Kenneth Bealer Homes, Inc.
Scale: 1 inch equals 667 feet Lot 144, Northview Harbour
WNR, Inc. Job#KeBeHo-1000
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
2 Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
EJ 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:GP 198200030
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? .
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
/71
Mi.
II: Applicant Informations a era
1. Owner/Applicant Information D t 1 ? 4 7 [1 G5
Name: Kenneth Bealer Homes, Inc. DENR - °rr rER UUALIrv
Mailing Address: PO Box 3398 Mooresville, NC 28117 xver. -VD3ANDSTOFt4SaATCR?PA NCH
Telephone Number: 704-662-6400 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jennifer Robertson
Company Affiliation: Wetland and Natural Resource Consultants, Inc
Mailing Address: 217 Paragon Parkway #142
Clyde, North Carolina 28721
Telephone Number: 828-648-8801 Fax Number: 828-648-8802
E-mail Address: wnrinc@,aol.com
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
Page 1 of 8
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Lot 144. Northview Harbour
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number. (Tax PIN): 4628-0118-0274
4. Location
County: Catawba Nearest Town: Sherrills Ford
Subdivision name (include phase/lot number):Northview Harbour
Directions to site (include road numbers/names, landmarks, etc.):From Mooresville take Hwy
150 west, turn right on Sherrills Ford turn right on Island Point Road, turn left on Northview
Harbor Drive turn right on Garrison Road turn left on Crofte Road, turn right on Burroughs
Court, at end of cul-de-sac
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 035.372872°N 080.565114°W
6. Property size (acres): 0.90 Acres
7. Name of nearest receiving body of water: Lake Norman
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Currently being developed as a residential lot.
Describe the overall project in detail, including the type of equipment to be used: Sediment
from the lot has entered the lake The project will involve the excavation of eroded material
from the lake and the disposal of this material at an upland location either on the lot or off-
site A trackhoe will be used to excavate and a dump truck will be used to haul.
Explain the purpose of the proposed work: Excavation of eroded material.
Page 2 of 8
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. NOV from DWQ Incident # 200502442 NOV-2005-OP-0032
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Excavation of Sediment from Lake that
has eroded from Lot 144
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc: For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A
Page 3 of 8
Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property: N/A
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Total Stream Impact (by length and acreage)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
Site #1 Lake Norman excavation lake 0.18 ac
Total Open Water Impact (acres)
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): n/a
Wetland Impact (acres): n/a
Open Water Impact (acres): 0.18 ac
Total Impact to Waters of the U.S. (acres) 0.18 ac
Total Stream Impact (linear feet): n/a
Page 4 of 8
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands F-1 stream [I wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
j Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.The proposed work is to remove
sediment from a small cove in Lake Norman that has eroded from Lot 144 of Northview
Harbour.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
Page 5 of 8
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Disturbed vegetation within the 25' buffer adjacent to the lake will be re-established once
work is complete.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): NIA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
Page 6 of 8
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X.
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B.0259 (Tar-Pamlico), 15A NCAC 02B.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identifyN/A)? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* I f. -- -*N I Multiplier I Required
1 N/A 3 (2 for Catawba)
2 N/A 1.5
Total N/A
M.
* Zone 1 extends out 30 feet perpendicu
additional 20 feet from the edge of Zone 1.
the top of the near bank of channel; Zone 2 extends an
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260. N/A
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. N/A
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
Page 7 of 8
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: n/a
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
-_/_
,6pliicantl,keats Signature Date
signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Page 1 of 1
L..._. ,_.,, ..? ..,,. , -- r t'l _rc UTX1IX1Id17Z1;77170 ;nn 11 /1 WIN),;
Catawba County NC, Parcel Map and Report
t?f,C•t21 ?Jl.flt,/ .fir
Parcel Summary Printed Map Scale 1 inch = 375ft
Parcel ID: 462801180274 Parcel Address: 9087 BURROUGHS CT
Owner: KENNETH BEALER HOMES INC Address: PO BOX 3398 City: MOORESVILLE
Owner2: Address2: State/Zip: NC 28117-3398
Building(s) Value: Land Value: $85,500 Total Value: $85,500
DISCLAIMER. This map product was prepared from the Catawba County, NC Geographic Information System. Catawba County has made
substantial efforts to ensure the accuracy of location and labeling information contained on this map. Catawba County promotes and
recommends the independent verification of any data contained on this map product by the user. The County of Catawba, its employees,
agents, and personnel, disclaim, and shall not be held liable for any and all damages, loss or liability, whether direct, Indirect or
consequential which arises or may arise from this map product or the use thereof by any person or entity.
http://204.211.226.33/website/Parce
1 of 1 10/3/2005 5:15 PM
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Lot 143
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1. Ronald S. HoNfieid, certify that this plat was drawn under my supervision
from an actual survey made under my supervision (deed description recorded
in book SEE 7171E BLOCK ; map recorded In book SEE 7177E BLOCK );
that the boundaries not surveyed are shown as broken lines platted from
information as shown; that this plat was prepared in accordance with G. S. 47-30
as amended,' that the ratio of precision Is 1:10,000+. This survey Is of an existing
parcel or parcels of land and does create a new street or change an existing street.
No USGS monument found within 2000. A portion of this property is located in
a Special Rood Hazard Area (Zone AE") designated by the FEMA FLOOD
INSURANCE RA7E MAPS See panel # 370050 0200 C (Eff. date: 0910711998)
IYtness my original signature, registration number, and seal this 28th of Juli; 2005.???
Ronald S. Hollifield, NCPLS 1404
Lot
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CURVE TABLE
NUM DELTA ARC RADIUS BEARING DISTANCE
Cl 563453' 49.38' 50.00' N4771'33 E 47.39
LINE TABLE
NUM BEARING DISTANCE
L1 S610'521W 27.17'
L2 S263457"IY 30.51'
L3 S10*5735"W 33.65'
L4 S20 48'57"IY 35.02'
L5 S3273'JJ'W 39.54'
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SCALE: 1" = 40
® cs?° nd=a:'ry and 70hoysical Survey
rtzo-07 BurroqAG a. (0.90 de.
Lot 144 of 110 "JMV HAMUR P a Q
Mountain Creek Township Catawba County, NC
Tax ID 4618-0118-0274 - D. B. 2406-1539 ^- P. B. 56-46
(Currant owner. KENNETH SEALER H03fES, INC.)
DVN
110M MON STAKE'S AND 21ONUb1EN 5 AS SHOWN (0). ALL OTHERS CALCULATED POINTS (Q ).
?. m ? land surveyina. /subdivision lannin p, o. box 1036 Troutman, NC 28166-1036
phone (704 871-1175 fax (704 871-2777 - emai.* hoHron®vvinet
file: nviezv144
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DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on pemmit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-500-443-5193 or Option 5
+
Applicant's Name:_ t rn. », ,t.,u 3f, lg.-2 r t?s »? ;+?? i :n
Street Address (at lake): C C-
t?
Lake Name:
Subdivision Name: ;ti r" ?•? s
Property Section:
/l:'•_;? t J_ Lot #
?c
City:.., '? r 1 S 1- ` rid County::
r ?
State: i\1 ( Zip: =?: ; 1 ") r 11 Telephone: ,
Directions (from major road or highway):
Type of Permit Requested
"Circle":
Private Facility
Commercial Facility
Excavation
Stab' ' tion
Conveyance
Miscellaneous Uses
?. t- 4 i fl? {1Y??Z°8r? tilt,
`.t IV
Descriptive Structure(s) on Property (i.e. brie garage, white fence',mobil home, etc):
\ i it'?l \../'I \ C '.rs ?\(.??i{r l? e'11..? 'r k-," C? i r./li1 ?J
i
*Note: Please use the back of this form if desired to draw us a map to the site.
GPAULAKEMGMT/LMPPM/DIRECTIONSI.9.DOC Effective r]ntP- An/44
FOR DUKE POWER USE ONLY
Duke File No.
Application Fee $ Security Deposit $ Check # Date Recv'd Initials
Date of Duke Power Lake Management, applicant and/or contractor on site inspections Date Initials
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By ° :
Date Completion Required
Date Passed Closeout Inspection`
(Print)
Date ofAny Approved Extension
Initials
Initials _
Date
(Sign)
Initials
Any Stop Work Orders or SMG Violations? (check one) [3Yes ?No (If Yes, explain in FART V)
Date Deposit Refunded Initials Date Permit Database Updated Initials
Forward copy of approved application (all pages, plus any attachments that Duke Power changed) back to
applicant with Approval Letter and highlight any changes. Tile copies of Approval and Close-out Checklists and any
Stop Work Orders with application.
V? i,)
PART I - APPLICANT INFORMATION (Please Print) Tax ID or Social Security Number r--)
Name I-'?•?e1?r ?n ,5CJ 4- orcit?? ; .? rI?
Lake Address C `"? r s. - car, C r
Telephone i:4-o ci,
Mailing Address I di erent
C
Contractor Company ?? ,,l .1\ r&k 1 ? iX
r
Contractor Contact Person ?? ?' :.+ ?'t tCTZ i •` %v?
Telephone (I C:=I ) ;6 ? __ 6- k
LAKE LOT INFORMATION
Lake e ,)F ibii . ali COl1Ilty ty ` 1 State Tax Ma NO.
ey ?. L
Grid Section r-r Subdivision Section or Phase No. lr? "S' _
Lot No. Lot Size '.) Acres
Do not continue the application until an on-site inspection has been conducted between a Duke Power Lake
Management Representative (DPLMR) and the applicant and/or the excavation contractor. NOTE• Initializing this
portion of the application by a IDPLAIR in no way constitutes approval or eminent approval of the excavation or any
other lake use permitting activity.
Gpa111.akemgmt\LmppmlExcavation\Exvappfin2.17.04.doc Page 1 REV: 2/17/04
Effective Date: 11115/9 8
DUKE POWER EXCAVATION FED' APPLICATION F®
Date of on-site inspection Initials (Duke Power) (applicant/contractor)
Are there any Co-Applicants°? (check one) UYes 03 ;o (If Yes, include names, addresses, phone nos., lot nos., lot sizes
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-
PART H - DESCREMON OF PROJECT
A. BASIC INFO
1. Type of excavation: (check one) M New excavation ? Maintenance excavation
2. Purpose of excavation: (check one) ? Boat Access Chan'1 ? Water Intake Chan'l 13 Wa'stewate?Disch. Chan'l
P3 Other (specify) K 2%; vt,1v e-. r4 •' . r/t.i P i ?? i.•; h ^1:? (rI G? .. UL
kc-s u,, CLS 1-2 (3)
3. Lake user category: (check one) okvate ?CommerciaYltes. ?Commercial Non-Res. ?Public
Bother (specify)
i
4. Max. Excavation Area Dimensions (ft) Length C Width f7) Depth
(Note. include additional area dimensions if necessary so response to 45 below equals max. area dimensions in #4)
5. Excavated material (TOTAL for the project) Cubic yards
6. Type of material (applicant determines by field sample i(practical)
t-ti . V
7. Excavation Site area Acre (s) Disposal Site area Acre (s)
8. Total Disturbed Area (including equipment staging area) Acre (s) r
9. Does the project meet the requirements of the applicable General Permit? (check one) Yes UNo
10. Do you claim title to the disposal area? (check one) lAYes ONo
11. Do you claim title to the equipment staging area? (check one) 9dYes ?No
12. Are there any water-treatment facilities within 50 feet of the proposed excavation area? (check one) ?Yes Oslo
(If Yes, specify)
13. How will the excavated material be entrapped and the erosion controlled? (e.g see attached erosion control plan and
15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) OYes
(Ifyes, explain)
Gpal\LakemgmtUmppm\ExcavationT-wappfin2.17.04.doc Page 2 REV: 2/17104
Effective Date: 11/15/98
14. Type(s) of excavation equipment to be used -i o ?' to ^ tl i ?'?'
r .:r .1! -?"??. .. _ i -. ? . :-! ?? .?vl ?rf ,.. ? .., .1 ,.f'1^.. ?:!J' ' .1? ' ?!', ?1 ?--? r•. 'i 4..; d'?+:.i.
DUKE MWEREXCAVATION ?ERMIT APPLICATION FORM
16. Will return water re-enter the reservoir? (check one) (Yes ? No (If Yes, specify point(s) of re-entry and slrotiv on
1?QQ c
Excavation Area Drawing) " < L1 ?i `C S tiL'- C 4 r '. -i7 ( f ' 1 `t 4 i
17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? ?Yes ;?No
(If Yes, specify the existing permit number. If No, include a scaled drawing of the proposed facility). Permit #
18. Total planned duration of the work (Include f rst equipment mobilization thru final mitigation treasures complete):
START S / I`,;=, FINISH 2 / F_, , t:
(Month) (Year) (Month) (Year)
19. Total planned duration of in-lake work (i.e. dredging and any other in-lake ground disturbance):
START 1 -;? / i2?j FINISH 1 ?x / L ':7
(Month) (Year) (Month) (Year)
Note: Notify Duke ?over Lake Management at 1-3-00-443-5193 prior to commencing any excavation
work within the project boundary.
Gpai\L.akemgmtU_mppmlExcavationTxvappfm2.17.04.doe Page3 REV: 2/17,,04
Effective Date: 11/15/98
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DUKE POWER EXCAVATION ?ERMIT AFMCATION FORM
C. APPLICANT SIGNATURE
Comments:
rs
Applicant !dame (print) L k) n /7
Applicant Signature* rid x
Co-Applicant Name (print)
Co-Applicant Signature*
Co-Applicant Name (print)
Co-Applicant Signature*
Co-Applicant Name (print)
Co-Applicant Signature*
Co-Applicant Name (print)
Co-Appiicant Signature*
Lot # ? 44-1f
Date 91 i 15 s
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.
BEFORE YOU MAEL THE APPLICATION TO DUKE POWER LACE MANAGEMENT ENSURE YOU HAVE:
® CHECKED THE INFO THOROUGHLY
a MET ALL REQUIREMENTS FOR A COMPLETE APPLICATION (see cover letter of application package)
a INCLUDED A SINGLE CHECK TO DUKE POWER FOR THE APPLICATION FILING FEE AND SECURITY
DEPOSIT
o INCLUDED ALL AGENCY PERMITS OR COMMENT LETTERS AND RESOLVED ALL ISSUES RAISED
o INCLUDED ALL REQUIRED DRAWINGS (INCLUDING PROPOSED FACILITIES), PERMIT # FOR EXISTING
FACILITIES, SURVEYS AND PLANS
a INCLUDED COPIES OF DEEDS AND AUTHORIZATION LETTERS
Gpai\LaknngmtV-mppma,ccavation\Esvapp&n2.17.04.doc Page 6 REV: 2/17104
Effective Date: 11115i98
DID POWER EXCAVATION PEA' A?PLICATION FORM
PART III - INFORMATIONAL REQUIREMENTS FOR ALL APPLICANTS (NC & SC)
In addition to the completed application form PARTS I & II, the following items must be provided to Duke Power Lake
Management for all applicants in North and South Carolina :
A. A copy of the deed and registered survey plat or other instrument under which the applicant claims title to the
affected property (the shoreline adjoining the excavation area, equipment staging area and the disposal area), OR if
the applicant is not claiming to be the owner(s) of said property, then forward a copy of the deed and registered
survey plat or other instrument under which the owner(s) claim title plus written authorization from the owner(s) to
carry out the project on their land.
B. An accurate scaled drawing (1"=25' for projects <1000 cubic yards of material removed or 1"= 100' for larger
projects) of the area to be excavated, including all the information required under Application Process - ITEM 5 of
the Application Package cover letter (Attachment 1).
C. A map or (Duke Power (Directions by Road form showing directions to the excavation area and disposal area
D. A USGS topographic map with an directional arrow indicating the exact location of the excavation project and
Latitudinal and Longitudinal coordinates for the project site.*
E. A list of names and addresses of adjoining property owners for both the excavation area and disposal area.
F. A copy of all permits and/or letters of correspondence to/from local, state and federal agencies that require
notification or issue individual permits. :
G. An accurate scaled drawing (1"=25' for projects <1000 cubic yards of material removed or 1"=100' for larger
projects) of the proposed design for the disposal area, including all the information required under Application
Process - ITEM 6 of the Application Package cover letter (Attachment 1). Also include any erosion control plan or
standard reporting form requirements as noted under ITEM 6.
H Provide the existing permit number if excavation is being conducted to maintain access to an existing facility (e.g.
pier) or provide an accurate scaled drawing of any proposed facility if a facility does not currently exist. Note. A
separate application and approval is required for proposed Private Facilities (e.g. pier).
L A check for the application filing fee and security deposit and the signed Excavation Project User's Agreement
letter.
*USGS maps may be accessed via the Internet at htt%//gis.enr.state.nc.us/ utilizing the following pathway: Data
catalogueMigital Raster Graphics/specific county . Longitudinal and latitudinal information is available via the Internet at
www.mapblast.com, wxy-w.mapsonus.com or www.maptech.com
PART IV - AGZNCY REVEEWS/APPROVALS REQUIRED
A. NORTH CAROLINA APPLICANTS ONLY
1. The following three agencies require at least 30 days prior notification for all excavations in North Carolina
reservoirs. Notify them by forwarding a completed copy of this application, including the information required under
PART III A-F to:
US ARMY CORPS OF ENGINEERS
Regulatory Field Office
151 Patton Avenue
Room 208
Asheville, North Carolina 28801
(828) 2714014
NORTH CAROLINA WILDLIFE RESOURCES
COMMISSION
Habitat Conservation
1701 Mail Service Center
Raleigh, NC 27699-1701
(919) 733-3391
NCSHPO
NC Dept. Of Cultural Resources
Division of Archives & History
c/o Ms. Renee Gledhill-Earley
4617 Mail Service Center
Raleigh, NC 276994617
(919) 7334763
What to Expect:
GpaNAcmgmtlLmppm\Excavation\Exvappfin2.17.04.doc Page 7 REV: 2/17/04
Effective Date: 11/15/98
DUKE POWER EXCAVATION. F ERMIT APMICATION FOR
a) If the excavation can be done under the requirements of the General Permit (GP) or a Nationwide Pemtit
(NWP), you will typically receive a copy of the Corps' tear sheet documenting authorization and providing
any additional instructions. If the excavation isn't covered under the GP or a NWP, you'll be required to
obtain an individual 404 Dredge and Fill permit from the Corps.
b) You will typically receive a letter from the NCWRC and the NC SU PO documenting their concurrence with
your application, requiring additional information or recommending modifications. You must address each
comment in your final application.
c) You must receive written documentation from the Corps that your application either meets the requirements
of the GP or a NWP or that the proper 404 Dredge and Fill permit has been received before Duke Power
can process your application.
d) If you do not receive any documentation from the NC WRC within 30 days of their receipt of your
application, you may proceed with the application process, recognizing however that if their comments
come in later in the application process, you will also be required to address them. (See exception for
CommerciaUConveyaneelPMC review applications below).
e) If you do not receive any documentation from the NC SBPO within 30 days of their receipt of your
application, you must provide that agency with a follow-up letter requesting the agency comment on your
proposal within 15 days from the date of the letter. If you do not receive any response as a result of this
second letter, you may proceed with the application process, recognizing however that if their comments
come in later in the application process, you will also be required to address them. Note: This second IS-
slay letter requirement also applies to the agency rrevlewr in PART IVA. I-4 when the application is for
a Commercial Facility, Conveyance or other application requiring FERC review.
2. In addition to the two agencies of PART IV.A.1; if the proposed excavation is located in Alexander, Catawba,
Cleveland, Gaston, Iredell, Lincoln or Mecklenburg Counties, the applicant must also provide at least 30 days prior
notification to the following two agencies by forwarding a copy of the completed Excavation Permit Application Form
(including the information required under PART III A-F) to each:
NC DEPT. OF ENVIRONMENT
& NATURAL RESOURCES
Division of Land Resources
Land Quality Section
919 N. Main Street
Mooresville, North Carolina 28115
(704) 663-1699
(704) 663-6040 (fax)
NC DEPT. OF ENVIRONMENT
& NATURAL RESOURCES
Division of Water Quality
Water Quality Section
919 N. Main Street
Mooresville, North Carolina 28115
(704) 663-1699
(704) 663-6040 (fax)
What to Expect
a) You will typically receive a letter providing Water Quality Section concurrence, which may require
additional information or recommend modifications. You must address each comment in your final
application to Duke Power.
b) You must receive written documentation from the NCDENR that 401 Water Quality requirements are met
before Duke Power can process your application.
In addition to the two agencies of PART IV.A.1; if the proposed excavation is located in: Burke, Caldwell, McDowell
or Transylvania Counties, the applicant must provide at least 30 days prior notification to the following agency by
forwarding a copy of the completed Excavation Permit Application Form, including the information required under
PART III A-F:
NC DEPT. OF ENVIRONMENT &
NATURAL RESOURCES
Interchange Building
59 Woodson Place
Asheville, North Carolina 28801
(704) 251-6208
What to Expect:
Gpal\ akemgmt\Lmppm\Excavation\Exvappfn2.17.04.doc Page 8 REV: 2117/04
Effective Date: 11115i98
D U ?OWER EXCAVATION PERMIT A??LIGATION FORM
a) You will typically receive a letter providing Water Quality Section concurrence, which may require
additional information or recommend modifications. You must address each comment in your final
application to Duke.
b) You must receive written documentation from the NCDENR that 401 Water Quality requirements are met
before Duke Power can process your application.
PART IV A (Continued)
4. In addition to the above requirements, if the proposed excavation is located in Mecklenburg County, the following
agency must be provided with a copy of the completed Excavation Permit Application Form (including the
information required under PART III A-F):
MECKLENBURG COUNTY
ENVIRONMENTAL PROTECTION
700 North Tryon Street
Charlotte, North Carolina 28202
(704) 336-5500
What to Expect
a) You will typically receive a letter from the county documenting their concurrence with your application,
requiring additional information or recommending modifications. You must address each comment in your
final application.
b) If you do not receive any documentation from the county within 30 days of their receipt of your application,
you may proceed with the application process, recognizing however that if their comments come in later in
the application process, you will also be required to address them.. (See exception for
CommerciallConveyance/FERC review applications below).
5. In addition to the above requirements, if the proposed excavation is part of a Commercial Facilities Application,
Conveyance Application, or will require FERC review, the applicant must provide at least 30 days prior written
notification to the following agencies by forwarding the completed Excavation Permit Application Form, including
the information required under PART III A-F:
NCSHPO
NC Dept. Of Cultural Resources
Division of Archives & History
c/o Ms. Renee Gledhill-Earley
109 East Jones Street
Raleigh, NC 27601-2807
(919) 73313763
NCDENR
Division of Parks and Recreation
12700 Rayleaf Church Road
Raleigh, NC 27614
(919) 733-4181
USFWS
US Fish & Wildlife Service
c% Mark Cantrell
160 Zillicoa Street
Asheville, NC 28801
(828) 258-3939 Ext. 227
NCDENR (Wylie, Mtn. Island, Norman, Lookout, Hickory)
Division of Environmental Health
Public Water Supply Section
do b&. Britt Setzer
919 N. Main Street
Mooresville, NC 28115
NCDENR (Rhodhiss and James)
Division of Environmental Health
Public Water Supply Section
c% Mr. Harold Saylor
59 Woodfm Place
Asheville, NC 28801
What to Expect
a) You will typically receive a letter from each agency documenting the agency's concurrence with your
application, requiring additional information or recommending modifications. You must address each
agency comment in your final application.
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Effective Date: 11/15/98
DUKE POKIER EXCAVATION FED' A?PLICATION F®
b) If you do not receive any documentation from an agency within 30 days of their receipt of your application,
you must provide that agency with a follow-up letter requesting the agency comment on your proposal
within 15 days from the date of the letter. If you do not receive any response as a result of this second letter,
you may proceed with the application process, recognizing however that if their comments come in later in
the application process, you will also be required to address them. Note: This second 15-day letter
requirement also applies to the agency reviews in PART IVA. 1-4 when the application isfor a
Commercial FadI4, Conveyance or other application requiring FERC review.
Gpal\akemgmt\Lmppm\Excavation\Exvapptin2.17.04.doc Page 10 REV: 2/17104
Effective Date: 11/15/98
DUKE POWER EXCAVATION FERMN APPLICATION FORM
PART IV. B
B. SOUTH G4ROLINA APPLICANTS ONLY
1. Consultation or review is required by both the SC State Historic Preservation Office (SC SHPO) and the SC Institute
of Archaeology and Anthropology (SCIAA) for all excavations in South Carolina. The applicant must submit a copy of
the completed South Carolina Department of Archives and History State Historic Preservation Office Project Review
Fort (attached) to:
SC SHPO
SC State Historic Preservation Officer
Department of Archives and History
c/o Ms. Marta Matthews
8301 Park Lane Road
Columbia, SC 292234905
SCIAA
SC Institute of Archaeology and
Anthropology
c% Mr. Jim Spirek
1321 Pendleton Street
Columbia, SC 29208
What to Expect:
a) You will typically receive a letter from the resource agencies documenting the agency's concurrence with
your application, requiring additional information or recommending modifications. You must address each
agency's comment in your final application.
b) " If you do not receive any documentation from the resource agencies within 30 days of their receipt of your
application, you must provide that agency with a follow-up letter requesting the agency comment on your
proposal within 15 days from the date of the letter. If you do not receive any response as a result of this
second letter, you may proceed with the application process, recognizing however that if their comments
come in later in the application review process, you will also be required to address them.
2. Consultation or review is required by the Easter Band of Cherokee Indians (EBCI) for all excavations on Lake
Keowee. The applicant must submit a copy of the completed Tribal Historic Preservation Officer (THPO)
Consultation Information Form (attached) to:
EBCI
Eastern Band of Cherokee Indians
c/o Ms. Michelle Hamilton
PO Box 455
Cherokee, NC 28719
What to Expect:
b) You will typically receive a letter from the EBCI documenting the tribe's concurrence with your application,
requiring additional information or recommending modifications. You must address each comment from the
tribe in your final application.
c) If you do not receive any documentation from the EBCI within 30 days upon their receipt of your
application, you must provide the tribe with a follow-up letter requesting the tribe's comment on your
proposal within 15 days from the date of the letter. If you do not receive any response as a result of this
second letter, you may proceed with the application process, recognizing however that if their comments
come in later in the application review process, you will also be required to address them.
3. If the excavation meets the requirements of the applicable General Permit (GP 87-14-001) and will remove from 50
to 150 cubic yards, in addition to the above listed entities in B 1 and B2 (Lake Keowee only), the SC Department of
Natural Resources (SCDNR) must be provided with a copy of the completed Excavation Permit Application Form,
including the information required under PART III A-H for at least 30 days consultation:
SCDNR
South Carolina Dept. of Natural Resources
c/o Mr. Ron Ahie
PO Box 167
Columbia, SC 29202
(803) 734- 2728
Opai\lakerngmtU_mppm\Excavation\Esvappfin2.17.04.doc Page 1 t REV: 2/17/04
Effective Date: 11/15/98
DUKE 70WER EXCAVAITON ?E .T APPLICATION FORM
What to Expect:
a) You will typically receive a letter from the SCDNR documenting the agency's concurrence with your
application, requiring additional information or recommending modifications. You must address each
agency comment in your final application.
b) If you do not receive any documentation from the SCDNR within 30 days of their receipt of your
application, you may proceed with the application process, recognizing however that if their comments
come in later in the application process, you will also be required to address them. .
4. In addition to the above listed entities in Bland B2 (Lake Keowee only) the following agencies must be provided
with a copy of the completed Duke Power Excavation Permit Application Form, including the information required
under PART III A-H, for all excavations not covered under the applicable General Permits on South Carolina
reservoirs:
US Army Corps of Engineers
Regulatory Functions Branch
clo Ms. Tina Hadden
69A Hagood Avenue
Charleston, South Carolina 29403-5107
(843) 329-8044
South Carolina Dept of Health &
Environmental Control
Water Quality Section
do Mr. Quinton Epps
(803) 898-4249
SCDNR
South Carolina Dept of Natural Resources
c/o Mr. Ron Ahle
PO Box 167
Columbia, SC 29202
(803)734-2728
What to Expect:
a) You will typically receive a letter from each entity documenting concurrence with your application,
requiring additional information or recommending modifications. You must address each comment in your
final application.
b) If you do not receive any documentation from an entity within 30 days of their receipt of your application,
you must provide that entity with a follow-up letter requesting comment on your proposal within 15 days
from the date of the letter. If you do not receive any response as a result of this second letter, you may
proceed with the application process, recognizing however that if their comments come in later in the
application process, you will also be required to address them.
5. In addition to the consultation requirements specified for the two agencies listed in Part IV. B 1, and the EBCI as
specified in B2 (on Lake Keowee only), the following agencies must be provided with a copy of the completed Duke
Power Excavation Permit Application Form, including the information required under PART III A -H, for any
excavation that is part of a Commercial Facilities Application, Conveyance Application or will require FERC review
on South Carolina reservoirs:
US Army Corps of Engineers
Regulatory Functions Branch
c/o Ms. Tina Hadden
69A Hagood Avenue
Charleston, South Carolina 29403-5107
(843) 329-8044
South Carolina Dept of Health &
Environmental Control
Water Quality Section
c/o Mr. Quinton Epps
(803) 898-4249
US Fish and Wildlife Service
c/o Ms.Amanda Hill
176 Croghan Spur Road, Suite 200
Charleston, SC 29407
(843) 727-4704 ext 12
SC Dept. of Natural Resources
c/o Mr. Ron Ahle
PO Box 167
Columbia, SC 29202
(803) 734-2728
GpalUakemgtntU.mMrr?ExcavationlExvappfn2.17.04.doc Page 12 REV: 2/17/04
Effective Date: 11/1598
DBTX7, ?OWER EXCAVATE ION PERMU AHLICAT ION T®YM
SC PR&T
clo Mr. Tony Bebber
Edgar A. Brown Bldg.
1205 Pendleton Street
suite 110
Columbia, SC 29201
(803) 734-0189
What to ExMect:
b) You will typically receive a letter from each entity documenting concurrence with your application,
requiring additional information or recommending modifications. You must address each comment in your
final application.
b) If you do not receive any documendtibn from an entity within 30 days of their receipt of your application,
you must provide a follow-up letter requesting comments on your proposal within 15 days from the date of
the letter. If you do not receive any response as a result of this second letter, you may proceed with the
application process, recognizing however that if their comments come in later in the application process,
you will also be required to address them
PAR'S V - ADDITIONAL INFORMATION.
(Reference previous parts as applicable. If more pages are needed, add a suffix to last page (e. g. 12a, 12b, 12c, etc)
GpalUAkemgmt\Lmppm\Excavation\E.xvapp&n2.17.04.doc Page 13 REV: 2117,04
Effective Date: MUM
EXCAVATION PROJECT USER'S AGREEMENT LETTER
(Please fill in the blanks. Please Print)
Date 1 % 5 - O C
TO: Duke Power, A Division of Duke Energy Corporation
c/o Lake Management - EC12Q
P. O. Box 1006
Charlotte, NC 28201-1006
RE: Excavation For (Subdivision and Lot # 's or Other Froje
Name)
(Lake/County/City)
(Duke File No. )
Vz
n Q-643 1. e 4,,
(Applicant's full name) (L1 vi 9 (2 t-0,-) hereby agrees to comply
with all recommendations, requirements and/or conditions of Duke Power Lake
Management, General Permit(s) (if applicable) and other federal, state and local agency.
requirements pertaining to the application to excavate for the purpose of .a'
In addition, I/we have read and agree to comply with Duke's current Shoreline
Management Guidelines (SMG), much of which is repeated hearin, and understand that
written authorization must be obtained from Duke Power Lake Management prior to
beginning any activity within the FERC project boundary or on Duke Power land. The
excavation will be completed as described in the approved application and within eighteen
(18) months from the date of written approval by Lake Management, unless specifically
noted otherwise in the application or unless Uwe obtain approval for a single, time
extension (maximum of one year) in writing from Duke Power Lake Management. I/we
understand that if the SMG or other applicable rules change during any extension period,
IAve will be expected to comply with the new requirements to the maximum extent
practicable. Ihve also recognize that failure to complete the excavation within this build-
out period will require the filing of a new application within the then-current SMG and
that the new application must include any applicable fees and security deposits.
Duke Power Page 1 Rev: 6/30/03
EXCAVATION APPLICATION Effective Date: 11/15/98
Opal/Lakeme}nt/Lmppm/Excavatation /Excagre6.30.03.doc
Ihve attest to be the owner(s) or lease holder(s) of the land immediately adjoining the
project boundary or Duke-owned peripheral strip where the excavation activity is to take
place, or if not the owner or lease holder, I/we have included proof of title to the property
and written authorization from the owner(s) or lease holder(s) to carry out the proposal
within the project boundary adjacent to their land.
Ave attest to be the owner(s) 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 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/we understand that all excavation work must be done directly in front of my/our property
and within the third of the cove nearest my/our property or within any middle third of the
cove that Duke Power owns, or Ilwe 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. Ave 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.
Uwe understand that for proposed excavations, Ilwe 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. Uwe
understand that written authorization and/or other permits may be required by some of
these agencies and such required authorizations must be obtained before Uwe submit the
final application to Duke Power Lake Management.
Uwe 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 Power
can issue any approvals.
Uwe agree that unless specifically approved otherwise in the application, explosives will
not be used as part of this excavation activity.
I/we understand that every reasonable effort must be made to minimize any adverse impact
on fish, wildlife and other natural resources.
1/we understand that applicants in South Carolina proposing excavations that are not
covered under the General Permit, or are greater than 150 cubic yards, must receive prior
written authorization from the South Carolina Department of Health and Environmental
Control (SCDHEC) or the US Army Corps of Engineers (as applicable) before
submitting the completed application to Lake Management.
Duke Power Page 2 Rev: 6/30/03
EXCAVATION APPLICATION Effective Date: I Ii 15/98
Gpal/Lakemgnt/Lmppm/Excavatation iExcagre6.30.01doc
11we agree that excavation activities in North Carolina and South Carolina will not occur
during the months of March, April, May and dune because of the potential impacts to fish
spawning areas.
Uwe 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
environment. Uwe also understand that unauthorized removal of shoreline vegetation (e.g.
button bushes, willows, cattails, etc.) and/or disturbance of the shoreline buffer may result
in suspension or denial 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.
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.
Uwe agree to adequately stabilize all excavated material and all disturbed shoreline to
prevent erosion and runoff into the lake.
Uwe 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.
Uwe 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.
Uwe 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.
Uwe recognize that it is my/our 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. Uwe agree to provide
my/our contractor with a copy of these work area drawings showing these areas to stress
the necessary protection measures.
live agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.)
are discovered during the excavation, work shall be halted immediately. Uwe will then
notify Duke Power Lake Management and the State Historic Preservation Office to
Duke Power Page 3 Rev: 6130103
EXCAVATION APPLICATION Effective Date: 11/15/98
Opal/Lakemg nE/L-nppm/Excavatauon iExcagre6.30.03.doe
determine what measures, if any, 1/we must pursue to protect or salvage the archaeological
resources.
Uwe 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.
Uwe agree to be fully responsible for the permitted lake use and Ifwe understand that this
responsibility is considered to transfer automatically along with ownership and leases of
the adjoining tract.
Uwe understand that Lake Management representatives may issue Stop Work Directives
for any violations of the SMG and that 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. Uwe agree to immediately comply with any Stop Work Directives, to fully
cooperate with Duke Power Lake Management and other agencies as necessary and to
perform the necessary remedial actions within the specified time frame.
Uwe agree to develop any required mitigation plans and to complete any required
mitigation activities at my/our own expense within the specified time frames. Uwe
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.
I/we agree to notify Lake Management by phone when the excavation is initiated and to
ensure that during the excavation period the weather-proof "Duke Power Approved
Lake Use Activety" sign (to be provided by Duke Power remains posted at the job site
and visible from the water's edge.
Ifwe agree to notify Lake Management 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.
Ihve have included a check for the applicable filing fee and security deposit, and copies of
all other necessary permits. I/we recognize that security deposits will not be refunded if
any violations of the SMG or this user's agreement occur.
hive understand that 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 to fully indemnify and save
Duke Power harmless from any and all claims, liability, loss or damage that may arise from
this excavation project.
Duke Power Page 4 Rev: 6130/03
EXCAVATION APPLICATION Effective Date: 11115/98
Gpal/Lakemgnt/Lmppm/Excavatation /Excagre6.30.03.doc
I/IVe understand that this user's agreement does not, in any way, constitute the transfer of
any rights in real property and that my/our use and enjoyment of FERC project lands and
waters shall not hinder the general public's lawful use and enjoyment of the same.
Sincerely,
Applicant's Name (Print) Lot # pApplicant' )/Signature
*Co-Applicant's Name (Print) Lot # *Co-Applicant's Signature
*Co-Applicant's Name (Print) Lot # *Co-Applicant's Signature
*Co-Applicant's Name (Print) Lot # *Co-Applicant's Signature
*Co-Applicant's Name (Print) Lot # *Co-Applicant's 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-
Applicants. By signing this agreement, Co-Applicants are in fact recognizing and agreeing to the same
conditions as is the party signing as Applicant
Duke Power Page 5
EXCAVATION APPLICATION
GpaVLak=gnt/UWpnvExcavatation /Excagre6.30.03.doc
Rev: 6/30/03
Effective Date: I1/15/98
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20052201
Wetland and N.atura.I Resource
Consultants, Inc..
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
Attn: Mrs. Debbie Miller
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
RE: Lot 144, Northview Harbour
General Permit 30 Application
Catawba County, North Carolina
Debbie:
November 5, 2005
WNR, Inc. Project # KeBeHo-1000
J
2005
S Q1
The purpose of this letter is to request written authorization for open water impact
under General Permit 30 for the project known as Lot 144 in Catawba County, North
Carolina. The project proposes temporary impacts in order to excavate approximately
0.18 acres of sediment that has eroded into Lake Norman from Lot 144. Supporting
documentation including the Duke Power Excavation Application is included for your
review.
We would like to begin and complete the excavation work in December so your prompt
response would be appreciated. A copy of this application has been mailed to the North
Carolina Wildlife Resource Commission, the North Carolina Department of Cultural
Resources, the North Carolina Land Quality Section, and the North Carolina Water
Quality Section. Please call with any questions that you may have.
Best Regards,
Jennifer Robertson
Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax 1 828-465-3050 Fax
Wetland and Natural Resource
Consultants, Inc.
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolley, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Quality
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
4.
r
41,
,?-
4L t%-
I, the current landowner of the property identified below, hereby authorize Wetland and Natural
Resource Consultants, Inc. to act on my behalf as my agent during the processing of permits to
impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the
Rivers and Harbors Act.
Federal and State agents are authorized to be on said property when accompanied by Wetland
and Natural Resource Consultants, Inc. staff.
Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental
information needed for permit processing at the request of the Corps or DWQ.
Property Owner of Record: KQ V\,\gAn 9'e'tAP'-( ?c
Address: 'PD 50x 3?39g
Address: M?or¢Sv?ll? QJ 0 9911[1
Address:
Phone Number: 104- (aloa - (40c)
Property Location:
Owners Signature: ?•--? /??? --?_
Date: I - t - 0S
Canton Office
PO Box 882 wnrinc com
Canton, NC 28716
828-648-8801
828-648-8802 Fax
Newton Office
PO Box 224
Newton, NC 28658
828-465-3035
828-465-3050 Fax
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Name: LAKE NORMAN NORTH
Date: 11 /10/2005
Scale: 1 inch equals 1.515 miles
Location: 035° 37'29.67" N 080° 56'55.62" W
Caption: Kenneth Beater Homes, Inc.
Lot 144, Northview Harbour
WNR, Inc. Job#KeBeHo-1000
(:nrnx;nht 1M 1
Name: LAKE NORMAN NORTH Location: 035° 37'28.72" N 080° 56'51.14" W
Date: 11/10/2005 Caption: Kenneth Bealer Homes, Inc.
Scale: 1 inch equals 667 feet Lot 144, Northview Harbour
WNR, Inc. Job#KeBeHo-1000
Office Use Only: Form Version March 05
2 0 0 5 2 2 0 1
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:GP 198200030
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?.
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information rD
Name: Kenneth Bealer Homes, Inc. Mailing Address: PO Box 3398 Mooresville NC 28117 D c C 1 4 ?005
Telephone Number: 704-662-6400 Fax Number:
E-mail Address: t.a =: ,purr
S r'4 WATER BW,,cH
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jennifer Robertson
Company Affiliation: Wetland and Natural Resource Consultants, Inc
Mailing Address: 217 Paragon Parkway, #142
Clyde, North Carolina 28721
Telephone Number: 828-648-8801 Fax Number: 828-648-8802
E-mail Address: wnrincfa,aol.com
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
Page 1 of 8
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Lot 144, Northview Harbour
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number. (Tax PIN): 4628-0118-0274
4. Location
County: Catawba Nearest Town: Sherrills Ford
Subdivision name (include phase/lot number):Northview Harbour
Directions to site (include road numbers/names, landmarks, etc.):From Mooresville take Hwy
150 west, turn right on Sherrills Ford, turn right on Island Point Road, turn left on Northview
Harbor Drive turn right on Garrison Road, turn left on Crofte Road, turn right on Burroughs
Court, at end of cul-de-sac
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 035.372872°N 080.565114°W
6. Property size (acres): 090 Acres
7. Name of nearest receiving body of water: Lake Norman
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Currently being developed as a residential lot.
Describe the overall project in detail, including the type of equipment to be used: Sediment
from the lot has entered the lake. The project will involve the excavation of eroded material
from the lake and the disposal of this material at an upland location either on the lot or off-
site. A trackhoe will be used to excavate and a dump truck will be used to haul.
Explain the purpose of the proposed work: Excavation of eroded material.
Page 2 of 8
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. NOV from DWQ Incident # 200502442 NOV-2005-OP-0032
V. Future Project Plans
Are any future permit requests anticipated for this project? If so; describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and- delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Excavation of Sediment from Lake that
has eroded from Lot 144
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
loo-year
F(yes/n)
es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A
Page 3 of 8
Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property: N/A
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet) Area of
Impact
(acres)
Total Stream Impact (by length and acreage)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredging. flooding. drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma) Name of Waterbody
(if applicable) _
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
( )
acres
Site 91 Lake Norman excavation lake 0.18 ac
Total Open Water Impact (acres)
5
List the cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): n/a
Wetland Impact (acres): n/a
Open Water Impact (acres): 0.18 ac
Total Impact to Waters of the U.S. (acres) 0.18 ac
Total Stream Impact (linear feet): n/a
Page 4 of 8
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: NIA Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimised once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.The proposed work is to remove
sediment from a small cove in Lake Norman that has eroded from Lot 144 of Northview
Harbour.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
Page 5 of 8
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Disturbed vegetation within the 25' buffer adjacent to the lake will be re-established once
work is complete.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
VL Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
Page 6 of 8
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X.
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules . and Water Supply Buffer Requirements), or other (please
identifyN/A)? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
1 N/A 3 (2 for Catawba)
2 N/A 1.5
Total N/A
X1.
* Zone 1 extends out 30 feet perpendicu
additional 20 feet from the edge of Zone 1.
the top of the near
2 extends an
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. N/A
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
Page 7 of 8
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: n/a
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
- J
? iplicant/kents Signature Date
signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Page 1 of 1
'-u- ??------ -'- -- ---?-- --- ---l- .^'- --i r.f.f'T. e?ntnvn?n?c??inn ___ 11 iini,)nnc
Catawba County NC, Parcel Map and Report
Parcel Summary Printed Map Scale 1 inch = 375ft
Parcel ID: 462801180274 Parcel Address: 9087 BURROUGHS CT
Owner: KENNETH BEALER HOMES INC Address: PO BOX 3398 City: MOORESVILLE
Owner2: Address2: State/Zip: NC 28117-3398
Building(s) Value: Land Value: $85,500 Total Value: $85,500
DISCLAIMER: This map product was prepared from the Catawba County, NC Geographic Information System. Catawba County has made
substantial efforts to ensure the accuracy of location and labeling information contained on this map. Catawba County promotes and
recommends the independent verification of any data contained on this map product by the user. The County of Catawba, its employees,
agents, and personnel, disclaim, and shall not be held liable for any and all damages, loss or liability, whether direct, Indirect or
consequential which arises or may arise from this map product or the use thereof by any person or entity.
http://204.211.226.33/website/Parcel
1 of 1 10/3/2005 5:15 PM
i_i•(t:::ti.'(J?.!??e'tiG?,? 1?1c-? •flff-L' ,ef11/rlfitt.dt?!
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BZDG LINE 1 1
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1, Ronald S. HollHleld, certify that this plat was drawn under my supervision
from an actual survey mode under my supervision (deed descriptlon recorded
In book SEE T77LE BLOCK ; map recorded in book SEE 7711E BLOCK );
that the boundaries not surveod ore shown as broken Lines platted from
Informotlon as shown; that this plat was prepared in accordance with G. S. 47-30
as amended,• that the ratio of precision Is 1:10,000+. This survey is of an existing
parcel or parcels of land and does create a new street or change an existing street.
No USGS monument found within 2000. A portion of this property Is located In
a Speclal Flood Hazard Area (Zone AE") designated by the FEMA FLOOD
INSURANCE RA7E MAPS See panel j 370050 0200 C (Eff. date: 0910711998)
Witness my original signature, registration number, and seal this 28th of Ju11, 2005.779
Ronald S. Hollifeld, NCPLS 1404
W
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OUN?P?188 5 1 1 1
( 1 ONE ScAED) 1.
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60
CURVE TABLE
NUM DELTA ARC RADIUS BEARING DISTANCE
Cl 56'J4'53-1 49.38' 50.00' N4721'33 E 47.39
LINE TABLE
NUM BEARING DISTANCE
L1 5-670'52'W 27.17'
L2 S2634 57'W 30.51'
L3 S1057'35"W 33.65'
L4 5-20'48'57"W 35.02'
L5 S3273'33"W 39.54' yj? FLOOD LINE)
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761.6 CONTOUR 100 -? j
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1n d tfoundary and Physical Survey
6067 AWFOA08 Ct. (01r. no Am +I-)
Lot 144 of MO W ,SOUR, Phase 6
? Mountain Creek Township Catawba County, NC
Tax ID 4618-0118-0274 - D. B. 2406-1539 - P. B. 56-46
(Current owner. RENAT771 BLUM HOdfE.S, INC.)
MOTH IRON STAKES AND 110NUIlfET1'15 AS SHOWN (0). ALL OTHERS CALCULATED PODV75 (p ).
???DF? ??a land survevinP / subdivision_lanninP p• o. box 1036 Troutman, NC 28166-1036
phone (704) 871-1175 N fax (704) 871-2777 email: hohron®vvi.nat
file: nyierd44
DUKE POWER D O'IONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on pemut processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CE AitI,OTTE, NC 28201-1006
1-800443-5193 or Option 5
Applicant's Name: Type of Permit Requested
"Circle":
Street Address (at lake): `? ,1" c? c:.?e1 S
i? Private Facility
Lake Name: (.i -JC _ 0;;? Commercial Facility
Excavation
Subdivision Name: i?i Y -0,, ?/ t a;? r?to v f
Stabilization
Conveyance
Property Section: Lot # M L lliiiscellaneous Uses
city: .?1.? County: '. 0 ('J.- to
State: I\l r zip:: l?
Telephone: U
Directions (from major road or highway):
iA it cs (j- 7-
` oY 1?J1. ii i #sa/`1"?r?j?-?;1 1.,J? •1?,&V.
w? 'V'?- ? >?`'-`i i ? ft:: ?'? ?t• `?'Ct?.l 1,i'?'r„? ? iW : (s'? ?C:s ?? ? ?,,?? 1`i ?? `? ,,..?ir._;?.
Descriptive Structure(s) on Property (i.e. brick garage,,
white fence, mobil home. etc): i r
i ;lJE?`?L.?1 (L.% \ { liy fk?rl. v'(n 1..:i J?.-3 (.',,. .-+, ?.e
*Note: Please use the back of this fform if desired to draw us a map to the site.
GPAUL.AKEMOMT/LMPPM/DIRECTIQNSI.9.L'CC P.t£PPfi- T).t- An ioo
DUKE ?OWER EXCAVATION ?E ' APPLICATION YO
FOR DUKE POWER USE ONLY
Duke File No.
Application Fee $ Security Deposit S _
Check # Date Recv'd
Date' of Duke Power Lake Management, applicant and/or contractor on site inspections Date
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By' :
Initials
Initials
Initials
Date
(Print)
(Sign)
Date Completion Required Date of Any Approved Extension Initials
Date Passed Closeout Inspection* Initials
Any Stop Work Orders or SMG Violations"? (check one) ?Yes ?No (If Yes, explain in PART V)
Date Deposit Refunded Initials Date Permit Database Updated Initials
° Forward copy of approved application (ail pages, plus any attachments that Duke Power changed) batik to
applicant with Approval Letter and highlight any changes. ]File copies of Approval and Close-out Checklists and any
Stop Work Orders with application.
PART I - APPLICANT INFORMATION (Please Print) Tax ID or Social Security Number
Name 1-',e,-fin: I,-? R, cJt U Telephone (i+v 4 ) b,,, ) - C-
Lake Address-1:1 CL, Mailing Address (If dii Brent) 'PO &X a, 7?9 9
t?
1I ,_ ?Icl
'Ark S,-
J
Contractor Com
Paz?Y ? ;? •: ? , z
Contractor Contact Person ?i 1n r; k"; re:
Telephone (I t i ) -, (t? tr, t `s5 q
LAKE LOT INFORMATION
Lake County 'r..H,t ?,, t;'•_ City State &(', Tax Map No. 4?
t) Subdivision Section or Phase No. ?a?;
Grid Section c- nta ; v;
3
Lot No. 1 Lot Size ') Acres
Do not continue the application until an on-site inspection has been conducted between a Duke Power Lake
Management Representative (dDPLMR) and the applicant and/or the excavation contractor. NOTE. initializing this
portion of the application by a DPL'IIR in no way constitutes approval or eminent approval of the excavation or any
other lake use permitting activity.
GpaPLakenignt\Lmppm?Excavation\Exvapp&_ n2.17.04.doe Page 1 REV: 2117/04
Effective Date: 11/15/98
DUKE ?OWER EXCAVATION F E 'r A1IMICATION FORM
Date of on-site inspection Initials (Duke Power) (applicant/contractor)
Are there any Co-Applicants°? (check one) ?Yes 0T0 (If Yes, include names, addresses, phone nos., lot nos., lot sizes
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.
PART III - IDESCRRTIION OF PROJECT
A. BASIC INFO
1. Type of excavation: (check one) 0 New excavation ? Maintenance excavation
2. Purpose of excavation: (check one) E3 Boat Access Chan'1 ? Water Intake Chan'1 ? Wastewatc?Disch. Chan'1
,y? _ i
M Other (specify)
r ??.Lt' 11iL .S u-) C tS Ire c" t.?i-i 0 Lo-V-Z. Lc ,e-
3. Lake user category: (check one) Pkvate ?Commercial/Res. ?CommerciaWon-Res. ?Public
j ?Other (specify)
4. Max. Excavation Area Dimensions (ft) Length .- Width 0 Depth . '
(Note. include additional area dimensions if necessary so response to #S below equals max area dimensions in #4)
5. Excavated material (TOTAL for the project) Cubic yards
6. Type of material (applicant determines by field sample if practical) ; , f•_j 74 =g `, f` A w'?-` ?._ t ` e
}? 1
7. Excavation Site area r t Acres Disposal Site area € 1( (s) C"I
7 SL?LeS
S. Total Disturbed Area (including equipment staging area) Q., .? ? 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) 4Yes ?No
11. Do you claim title to the equipment staging area? (check one) •O,Yes ?No
12. Are there any water-treatment facilities within 50 feet of the proposed excavation area? (check one) ?Yes b1 o
(If Yes, specify)
13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and
15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) ?Yes M~ To
(Ifyes, explain)
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Effective Date: 11/15/98
14. Type(s) of excavation equipment to be used
DUKE ?OWER EXCAVATION PERMIT AFFLICATION FORM
16. Will return water re-enter the reservoir? (check one) Oyes D No (If Yes, specify point(s) of re-entry and show on
Excavation Area D. rawinz) 1,- <_ 7 A `J 1
17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? ?Yes gNo
(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 (Include first equipment mobilization thru final mitigation measures complete):
START -I'Q_ FINISH
(Month) (Year) (Month) (Year)
19. Total planned duration of in-lake work (i.e. dredging and any other in-lake ground disturbance):
START 1 a / GC: FMSH ( ?R / C%
(Month) (Year) (Month) (Year)
Note: Notify Buke Power Lake Management at 1-300-443-5193 prior to commencing any emcavation
work within the project boundary.
i
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Effective Date: 11/ 15/98
DUKE POWER EXCAVATION PERMIT APPLICATION FORM
PART II (Continued)
B. PROTECTION / AVOIDANCE AREA DESCRIPTION
Complete the following table including all land areas within and immediately adjoining the disturbed area:
Identification Method "
Protection/Avoidance Areas Annrox.
(check all that apply) Acreage Field ID Work Area Dwe
ID Avoid (A) or Mitigate (M)
. NW
a. Marshland, swamp, ponds, beneficial
aquatic vegetation or other potential wetlands (circle
all that apply)
4 b. Buffer Zones (specify width & .source of
ragitiremegt) t 7 > I r? j-N
;? Ie? 41t? ir„?
f `? ?ltr^
c. Environmental Areas as identified by Duke
Power t; o,,J C.
()'. r':. G?- S z ,-L A,r z- `WAD - IA& S
<- i { , •
t vt _ 51 ' La ,
?t?,.t?
SCR .
d. Natural Areas as identified by Duke Power
e. Historic properties (spec)
f. Rare or threatened species (spec)
A.
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DUKE POWER EXCA4ATION PERMIT APPLICATION FORM
Identification Method "
Protection/Avoidance Areas Approx.
(check all that apply) Acreage Field ID Work Area Dwa
ID Avoid (A) or Mitigate (M)
.
g. Buried gas, water, sewer, communications
or electric lines (circle)
h. Impact Minimization Zones as identified by
Duke Power
i. other areas requiring specific avoidance,
protection or mitigation (spec)
For "Field ID" column, specify entity or person that performed the identification and how it was physically marked (e.g. Duke Power(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.
k k List and attach mitigation plans
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w
DUKE POWER YX CA VA H IO V PERMFT APPLICATION FORM
C. APPLICANT SIGNATURE
Comments:
r?
Applicant Name (print
i- ,4-1 Applicant Signature*
f 1?p
C®-Applicant Nance (print)
Ca-Applicant Signature*
Co-Applicant Name (print)
Co-Applicant Signature*
C®-Applicant Name (print)
Co-Applicant Signature*
i
Co-Applicant Name (print)
Co-Applicant Signature*
Lot # ? 44
?
Date ? 1'
- 15
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.
BEFORE YOU MAIL THE APPLICATION TO DURZ POWER LADE. MANAGENT IENT ENSURE YOU HAVE:
• CHECKED THE INFO THOROUGHLY
o MET ALL REQUIREMENTS FOR A COMPLETE APPLICATION (see cover letter of application package)
a INCLUDED A SINGLE CHECK TO DUKE POWER FOR THE APPLICATION FILING FEE AND SECURITY
DEPOSIT
4) INCLUDED ALL AGENCY PERMITS OR COMNIENT LETTERS AND RESOLVED ALL ISSUES RAISED
® INCLUDED ALL REQUIRED DRAWINGS (INCLUDING PROPOSED FACILITIES), PERMIT # FOR EXISTING
FACILITIES, SURVEYS AND PLANS
a INCLUDED COPIES OF DEEDS AND AUTHORIZATION LETTERS
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Effective Date: 11/15/98
DUKE ?OWFE R EXCAVA'3', ON PE A' APPLICATION FORM
PART III - INFORMATIONAL REQUIItEN[ENTS FOR ALL APPLICANTS (NC & SC)
In addition to the completed application form PARTS I & II, the following items must be provided to Duke Power Lake
Management for all applicants in North and South Carolina :
A. A copy of the deed and registered survey plat or other instrument under which the applicant claims title to the
affected property (the shoreline adjoining the excavation area, equipment staging area and the disposal area), OR if
the applicant is not claiming to be the owner(s) of said property, then forward a copy of the deed and registered
survey plat or other instrument under which the owner(s) claim title plus written authorization from the owner(s) to
carry out the project on their land.
B. An accurate scaled drawing (1"=25' for projects <1000 cubic yards of material removed or 1"= 100' for larger
projects) of the area to be excavated including all the information required under Application Process - ITEM 5 of
the Application Package cover letter (Attachment 1).
C. A map or (Dube Power (Directions by /toad form showing directions to the excavation area and disposal area
D. A USGS topographic map with an directional arrow indicating the exact location of the excavation project and
Latitudinal and Longitudinal coordinates for the project site.*
E. A list of names and addresses of adjoining property owners for both the excavation area and disposal area.
F. A copy of all permits and/or letters of correspondence to/from local, state and federal agencies that require
notification or issue individual permits.
G. An accurate scaled drawing (1"=25' for projects <1000 cubic yards of material removed or 1"= 100' for larger
projects) of the proposed design for the disposal azea, including all the information required under Application
Process - ITEM 6 of the Application Package cover letter (Attachment 1). Also include any erosion control plan or
standard reporting form requirements as noted under ITEM 6.
K Provide the existing permit number if excavation is being conducted to maintain access to an existing facility (e. g.
pier) or provide an accurate scaled drawing of any proposed facility if a facility does not currently exist. Note: A
separate application and approval is required for proposed Private Facilities (e.g. pier).
L A check for the application filing fee and security deposit and the signed Excavation Project User's Agreement
letter.
'USGS maps may be accessed via the Internet at http://sis.enr.state.nc.us/ utilizing the following pathway: Data
catalogue/Digital Raster Graphics/specific county. Longitudinal and latitudinal information is available via the Internet at
xv",w.mapblast.com, NL1vw.mapsonus.com or www.maptech.com
PART IV - AGENCY REVIEWS/APPROVALS REQUIRED
A. NORTH CAROLINA APPLICANTS ONLY
1. The following three agencies require at least 30 days prior notification for all excavations in North Carolina
reservoirs. Notify them by forwarding a completed copy of this application, including the information required under
PART III A-F to:
US ARMY CORPS OF ENGINEERS
Regulatory Field Office
151 Patton Avenue
Room 208
Asheville, North Carolina 28801
(828) 271-4014
NORTH CAROLINA WILDLIFE RESOURCES
COMMISSION
Habitat Conservation
1701 Mail Service Center
Raleigh, NC 27699-1701
(919) 733-3391
NCSHPO
NC Dept. Of Cultural Resources
Division of Archives & History
c/o Ms. Renee Gledhill-Earley
4617 Mail Service Center
Raleigh, NC 276994617
(919) 733-4763
What to Expect:
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DUKE ?0 R EXCAVATION PERIL' AFMCATION FORM
a) If the excavation can be done under the requirements of the General Permit (GP) or a Nationwide Permit
(NWP), you will typically receive a copy of the Corps' tear sheet documenting authorization and providing
any additional instructions. If the excavation isn't covered under the GP or a NWP, you'll be required to
obtain an individual 404 Dredge and Fill permit from the Corps.
b) You will typically receive a letter from the NCWRC and the NC SEPO documenting their concurrence with
your application, requiring additional information or recommending modifications. You must address each
comment in your final application.
c) You must receive written documentation from the Corps that your application either meets the requirements
of the GP or a NWP or that the proper 404 Dredge and Fill permit has been received before Duke Power
can process your application.
d) If you do not receive any documentation from the NC WRC within 30 days of their receipt of your
application, you may proceed with the application process, recognizing however that if their comments
come in later in the application process, you will also be required to address them. (See exception for
Commercial/Conveyanc&MC review applications below).
e) If you do not receive any documentation from the NC SB PO within 30 days of their receipt of your
application, you must provide that agency with a follow-up letter requesting the agency comment on your
proposal within 15 days from the date of the letter. If you do not receive any response as a result of this
second letter, you may proceed with the application process, recognizing however that if their comments
come in later in the application process, you will also be required to address them, Dote: nis second is-
day lever requirement also applies to the agency reviews in PART IVA. I-4 w hen the application i$ for
a Commercial Facility, Conveyance or outer application requiring FERC review.
In addition to the two agencies of PART IV.A.1; if the proposed excavation is located in Alexander. Catawba,
Cleveland, Gaston, Iredell, Lincoln orlMecklenburg Counties, the applicant must also provide at least 30 days prior
notification to the following two agencies by forwarding a copy of the completed Excavation Permit Application Form
(including the information required under PART III A-F) to each:
NC DEPT. OF ENVIRONMENT
& NATURAL RESOURCES
Division of Land Resources
Land Quality Section
919 N. Main Street
Mooresville, North Carolina 28115
(704) 663-1699
(704) 663-6040 (fax)
NC DEPT. OF ENVIRONMENT
& NATURAL RESOURCES
Division of Water Quality
Water Quality Section
919 N. Main Street
Mooresville, North Carolina 28115
(704) 663-1699
(704) 663-6040 (fax)
What to E2-pect:
a) You will typically receive a letter providing Water Quality Section concurrence, which may require
additional information or recommend modifications. You must address each comment in your final
application to Duke Power.
b) You must receive written documentation from the NCDENR that 401 Water Quality requirements are met
before Duke Power can process your application.
In addition to the two agencies of PART IV.A.1; if the proposed excavation is located in: Burke, Caldwell, McDowell
or Transylvania Counties, the applicant must provide at least 30 days prior notification to the following agency by
forwarding a copy of the completed Excavation Permit Application Form, including the information required under
PART lII A-F:
NC DEPT. OF ENVIRONMENT &
NATURAL RESOURCES
Interchange Building
59 Woodson Place
Asheville, North Carolina 28801
(704) 251-6208
What to Expect:
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Effective Data: 11/15/98
DUKE ?0WER ZXCA VATION ?E RAM A??L1CAn0N FORM
a) You will typically receive a letter providing Water Quality Section concurrence, which may require
additional information or recommend modifications. You must address each comment in your final
application to Duke.
b) You must receive written documentation from the NCDENR that 401 Water Quality requirements are met
before Duke Power can process your application.
PART IV A (Continued)
4. In addition to the above requirements, if the proposed excavation is located in Mecklenburg County, the following
agency must be provided with a copy of the completed Excavation Permit Application Form (including the
information required under PART III A-F):
MECILENBURG COUNTY
ENVIRONMENTAL PROTECTION
700 North Tryon Street
Charlotte, North Carolina 28202
(704) 336-5500
What to Expect
a) You will typically receive a letter from the county documenting their concurrence with your application,
requiring additional information or recommending modifications. You must address each comment in your
final application.
b) If you do not receive any documentation from the county within 30 days of their receipt of your application,
you may proceed with the application process, recognizing however that if their comments come in later in
the application process, you will also be required to address them.. (See exception for
Commereial/Conveyance/FERC review applications below).
5. In addition to the above requirements, if the proposed excavation is part of a Commercial Facilities Application,
Conveyance Application, or will require FERC review, the applicant must provide at least 30 days prior written
notification to the following agencies by forwarding the completed Excavation Permit Application Form, including
the information required under PART III A -F:
NCSHPO
NC Dept. Of Cultural Resources
Division of Archives & History
c% Ms. Renee Gledhill-Earley
109 East Jones Street
Raleigh, NC 27601-2807
(919) 7334763
NCDENR
Division of Parks and Recreation
12700 Rayleaf Church Road
Raleigh, NC 27614
(919) 7334181
USFWS
US Fish & Wildlife Service
c/o Mark Cantrell
160 Zillicoa Street
Asheville, NC 28801
(828) 258-3939 Ext. 227
NCDENR (Wylie, Mtn. Island, Norman, Lookout, Hickory)
Division of Environmental Health
Public Water Supply Section
c/o Mr. Britt Setzer
919 N. Main Street
Mooresville, NC 28115
NCDENR (Rhodhiss and James)
Division of Environmental Health
Public Water Supply Section
c/o Mr. Harold Saylor
59 Woodfrn Place
Asheville, NC 28801
What to Expect:
a) You will typically receive a letter from each agency documenting the agency's concurrence with your
application, requiring additional information or recommending modifications. You must address each
agency comment in your final application.
Gpat\LakemgntUmppm\E;cavation\Esvapp&n2.17.04.doc Paga9 REV: 2/17104
Effective Date: 11115/98
DUKE ?OWER EXCAVATION ?E ' APPLICATION FORM
b) If you do not receive any documentation from an agency Mthin 30 days of their receipt of your application,
you must provide that agency with a follow-up letter requesting the agency comment on your proposal
within 15 days from the date of the letter. If you do not receive any response as a result of this second letter,
you may proceed with the application process, recognizing however that if their comments come in later in
the application process, you will also be required to address them. Note. This second 15-day letter
requirement also applies to the agency review in 1'fiRT IV.A. 1-4 when the applicmtdon isfor a
Commercial Facdldty, Conveyance or other application requiring FERC review.
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Effective Date: 11/15/98
DUKE ?®WTR EXCAVAnON ?ERMrT 'FLICA TION FORM
PART IV. B
B. SOUTH C4ROLIXA APPLICANTS ONLY
Consultation or review is required by both the SC State Historic Preservation Office (SC SHPO) and the SC Institute
of Archaeology and Anthropology (SCIAA) for all excavations in South Carolina. The applicant must submit a copy of
the completed South Carolina Department of Archives and History State Historic Preservation Office Project Review
Form (attached) to:
SC SHPO
SC State Historic Preservation Officer
Department of Archives and History
c% Ms. Marta Matthews
8301 Park Lane Road
Columbia, SC 292234905
SCIAA
SC Institute of Archaeology and
Anthropology
c% W. Jim Spirek
1321 Pendleton Street
Columbia, SC 29208
What to Expect:
a) You will typically receive a letter from the resource agencies documenting the agency's concurrence with
your application, requiring additional information or recommending modifications. You must address each
agency's comment in your final application.
b) * If you do not receive any documentation from the resource agencies within 30 days of their receipt of your
application, you must provide that agency with a follow-up letter requesting the agency comment on your
proposal within 15 days from the date of the letter. If you do not receive any response as a result of this
second letter, you may proceed with the application process, recognizing however that if their comments
come in later in the application review process, you will also be required to address them.
2. Consultation or review is required by the Eastern Band of Cherokee Indians (EBCl) for all excavations on Lake
Keowee. The applicant must submit a copy of the completed Tribal Historic Preservation Officer (THPO)
Consultation Information Form (attached) to:
EBCI
Eastern Band of Cherokee Indians
do Ms. Michelle Hamilton
PO Box 455
Cherokee, NC 28719
What to Expect:
b) You will typically receive a letter from the EBCI documenting the tribe's concurrence with your application,
requiring additional information or recommending modifications. You must address each comment from the
tribe in your final application.
c) If you do not receive any documentation from the EBCI within 30 days upon their receipt of your
application, you must provide the tribe with a follow-up letter requesting the tribe's comment on your
proposal within 15 days from the date of the letter. If you do not receive any response as a result of this
second letter, you may proceed with the application process, recognizing however that if their comments
come in later in the application review process, you will also be required to address them.
3. If the excavation meets the requirements of the applicable General Permit (GP 87-14-001) and will remove from 50
to 150 cubic Yards. in addition to the above listed entities in B1 and B2 (Lake Keowee only), the SC Department of
Natural Resources (SCDNR) must be provided with a copy of the completed Excavation Permit Application Form,
including the information required under PART III A-H for at least 30 days consultation:
SCDNR
South Carolina Dept. of Natural Resources
c/o Mr. Ron Ahle
PO Box 167
Columbia, SC 29202
(803) 734- 2728
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Effective Date. 11/15/98
DUKE ?GWER EXCAVATION ?ERMIT APPLICATION F®
What to Expect:
a) You will typically receive a letter from the SCDNR documenting the agency's concurrence with your
application, requiring additional information or recommending modifications. You must address each
agency comment in your final application.
b) If you do not receive any documentation from the SCDNR within 30 days of their receipt of your
application, you may proceed with the application process, recognizing however that if their comments
come in later in the application process, you will also be required to address them. .
4. In addition to the above listed entities in B 1 and B2 (Lake Keowee only) the following agencies must be provided
with a copy of the completed Duke Power Excavation Permit Application Form, including the information required
under PART III A-H, for all excavations not covered under the applicable General Permits on South Carolina
reservoirs:
US Army Corps of Engineers
Regulatory Functions Branch
c/o Ms. Tina Hadden
69A Hagood Avenue
Charleston, South Carolina 29403-5107
(843) 329-8044
South Carolina Dept of Health 3t
Environmental Control
Water Quality Section
c/o W. Quinton Epps
(803) 898-4249
SCDNR
South Carolina Dept. of Natural Resources
c/o Mr. Ron Ahle
PO Box 167
Columbia, SC 29202
(803) 734- 2728
What to Expect:
a) You will typically receive a letter from each entity documenting concurrence with your application,
requiring additional information or recommending modifications. You must address each comment in your
final application.
b) If you do not receive any documentation from an entity within 30 days of their receipt of your application,
you must provide that entity with a follow-up letter requesting comment on your proposal within 15 days
from the date of the letter. If you do not receive any response as a result of this second letter, you may
proceed with the application process, recognizing however that if their comments come in later in the
application process, you will also be required to address them.
5. In addition to the consultation requirements specified for the two agencies listed in Part IV. B 1, and the EBCI as
specified in B2 (on Lake Keowee only), the following agencies must be provided with a copy of the completed Duke
Power Excavation Permit Application Form, including the information required under PART III A H, for any
excavation that is part of a Commercial Facilities Application, Conveyance Application or will require FERC review
on South Carolina reservoirs:
US Army Corps of Engineers
Regulatory Functions Branch
c/o Ms. Tina Hadden
69A Hagood Avenue
Charleston, South Carolina 29403-5107
(843) 329-8044
South Carolina Dept of Health &
Environmental Control
Water Quality Section
c/o Mr. Quinton Epps
(803) 898-4249
US Fish and Wildlife Service
c/o Ms.Amanda Hill
176 Croghan Spur Road, Suite 200
Charleston, SC 29407
(843) 727-4704 ext 12
SC Dept. of Natural Resources
c/o Mr. Ron Ahle
PO Box 167
Columbia, SC 29202
(803) 734-2728
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Effective Date: 11115198
DUXE ?OW ER EXCAVATION PERMIT A??LICATIO N FORM
SC PR&T
c% Mr. Tony Bebber
Edgar A. Brown Bldg.
1205 Pendleton Street
suite 110
Colutnbia, SC 29201
(803) 734-0189
What to Expect:
b) You will typically receive a letter from each entity documenting concurrence with your application,
requiring additional information or recommending modifications. You must address each comment in your
final application.
b) If you do not receive any documeridtton from an entity within 30 days of their receipt of your application,
you must provide a follow-up letter requesting comments on your proposal within 15 days from the date of
the letter. If you do not receive any response as a result of this second letter, you may proceed with the
application process, recognizing however that if their comments come in later in the application process,
you will also be required to address them.
PAIN V - AIDIDMONAL INFORMATION
(Reference previous parts as applicable. If more pages are needed, add a suffix to last page (e.g. 12a, 12b, 12c, etc.)
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Effective Date: 11/15/98
EXCAVATION PROJECT USER'S AGREEMENT LETTER
(Please fill in the blanks. Please Print)
Date 11, - 5-015
TO: Duke Power, A Division of Duke Energy Corporation
c/o Lake Management - EC 12Q
P. ®. Box 1006
Charlotte, NC 25201-1006
RE: Excavation For (Subdivision and Lot # 's or Other
Name
(Lake/County/City) S k \l S
(Duke File No.)
(Applicant's full name) L1 Y,
hereby agrees to comply
with all recommendations, requirements and/or conditions of Duke Power Lake
Management, General Permit(s) (if applicable) and other federal, state and local agency w.=
requirements pertaining to the application to excavate for the purpose of e
t?
In addition, Ifwe have read and agree to comply with Duke's current Shoreline
Management Guidelines (SMG), much of which is repeated hearin, and understand that
written authorization must be obtained from Duke Power Lake Management prior to
beginning any activity within the PERC project boundary or on Duke Power land. The
excavation will be completed as described in the approved application and within eighteen
(18) months from the date of written approval by Lake Management, unless specifically
noted otherwise in the application or unless Ilwe obtain approval for a single, time
extension (maximum of one year) in writing from Duke Power Lake Management. Ifwe
understand that if the SMG or other applicable rules change during any extension period,
Ifwe will be expected to comply with the new requirements to the maximum extent
practicable. 1,1ve also recognize that failure to complete the excavation within this build-
out period will require the filing of a new application within the then-current SMG and
that the new application must include any applicable fees and security deposits.
Duke Power Page 1 Rev: 6130/03
EXCAVATION APPLICATION Effective Date: 11115198
GpaULakemgnt/L.mppm/Excavatation /Excagre6.30.03.doc
[Ave attest to be the owner(s) or lease holder(s) of the land immediately adjoining the
project boundary or Duke-owned peripheral strip where the excavation activity is to take
place, or if not the owner or lease holder, I/we have included proof of title to the property
and written authorization from the owner(s) or lease holder(s) to carry out the proposal
within the project boundary adjacent to their land.
Ave attest to be the owner(s) 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, Ifwe have
included 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.
Uwe understand that all excavation work must be done directly in front of my/our property
and within the third of the cove nearest my/our property or within any middle third of the
cove that Duke Power owns, or 1/we 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. Ifwe 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.
Ulve understand that for proposed excavations, Ifwe 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. Uwe
understand that written authorization and/or other permits may be required by some of
these agencies and such required authorizations must be obtained before Uwe submit the
final application to Duke Power Lake Management.
Uwe understand that except for maintenance excavation, 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 Power
can issue any approvals.
Uwe agree that unless specifically approved otherwise in the application, explosives will
not be used as part of this excavation activity.
Uwe understand that every reasonable effort must be made to minimize any adverse impact
on fish, wildlife and other natural resources.
I/we understand that applicants in South Carolina proposing excavations that are not
covered under the General Permit, or are greater than 150 cubic yards, must receive prior
written authorization from the South Carolina Department of Health and Environmental
Control (SCDHEC) or the US Army Corps of Engineers (as applicable) before
submitting the completed application to Lake Management.
Duke Power Page 2 Rev: 6/30/03
EXCAVATION APPLICATION Effective Date: 11/15/98
GpaULakemgmt/Lmppm/Excavatation /Excagre6.30.01doe
Live agree that excavation activities in North Carolina and South Carolina will not occur
during the months of March, April, May and Tune because of the potential impacts to fish
spawmng areas.
Ave 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
environment. Uwe also understand that unauthorized removal of shoreline vegetation (e.g.
button bushes, willows, cattails, etc.) and/or disturbance of the shoreline buffer may result
in suspension or denial of lake use permitting requests, forfeiture of security deposits and
require re-establishment of vegetation of my/our expense, particularly if the disturbance is
found to be in violation of state or local ordinances or impacts FERC project buffers.
1/we 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.
Uwe agree to adequately stabilize all excavated material and all disturbed shoreline to
prevent erosion and runoff into the lake.
Ifwe 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.
Uwe 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.
Uwe 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.
I/we recognize that it is my/our 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
any/our contractor with a copy of these work area drawings showing these areas to stress
the necessary protection measures.
1/we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.)
are discovered during the excavation, work shall be halted immediately. Uwe will then
notify Duke Power Lake Management and the State Historic Preservation Office to
Duke Power Page 3 Rev: 6/30/03
EXCAVATION APPLICATION Effective Date: 11115198
GpaVLakemgtnt/LmppmiExcavatation /Excagre6.30.03.doc
determine what measures, if any, IAve must pursue to protect or salvage the archaeological
resources.
Ifwe 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.
Ave agree to be fully responsible for the permitted lake use and I/we understand that this
responsibility is considered to transfer automatically along with ownership and leases of
the adjoining tract.
Uwe understand that Lake Management representatives may issue Stop Work Directives
for any violations of the SMG and that 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. Uwe agree to immediately comply with any Stop Work Directives, to fully
cooperate with Duke Power Lake Management and other agencies as necessary and to
perform the necessary remedial actions within the specified time frame.
Uwe agree to develop any required mitigation plans and to complete any required
mitigation activities at my/our own expense within the specified time frames. I/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.
1/we agree to notify Lake Management by phone when the excavation is initiated and to _
ensure that during the excavation period the weather-.proof "Duke Power Approved
Lake Use Activity" sign (to be provided by Duke Power) remains posted at the job site
and visible from the water's edge.
[Ave agree to notify Lake Management 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.
Ihve have included a check for the applicable filing fee and security deposit, and copies of
all other necessary permits. I/we recognize that security deposits will not be refunded if
any violations of the SMG or this user's agreement occur.
Iiwe understand that 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 to fully indemnify and save
Duke Power harmless from any and all claims, liability, loss or damage that may arise from
this excavation project.
Duke Power Page 4 Rev: 6130/03
EXCAVATION APPLICATION Effective Date: 11/15/98
Opal/Lakemgmt/Lmppm/Excavatation /Excagre6.30.03.doc
T
I/ive understand that this user's agreement does not, in any way, constitute the transfer of
any rights in real property and that my/our use and enjoyment of FERC project lands and
waters shall not hinder the general public's lawful use and enjoyment of the same.
Sincerely,
Applicant's Name (Print)
*Co-Applicant's Name (Print)
*Co-Applicant's Name (Print)
*Co-Applicant's Name (Print)
*Co-Applicant's Name (Print)
l '
4-/S ?ZJZL
A
Lot # Applicant'§iSignature
Lot # *Co-Applicant's Signature
Lot # *Co-Applicant's Signature
Lot # *Co-Applicant's Signature
Lot # *Co-Applicant's 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-
Applicants. By signing this agreement, Co-Applicants are in fact recognizing and agreeing to the same
conditions as is the party signing as Applicant.
Duke Power Page 5 Rev: 6/30/03
EXCAVATION APPLICATION Effective Date: 11115i98
GpaVLakemgmt/Lmppm/Excavatation lExcagre6.30.03.doc
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