New Procedure for Shoreline Permit Transfers

Transcription

1 Entergy Fossil Operations Lake Catherine/Hydro/Lynch 141 West County Line Road Malvern, AR Tel: August 30, 2007 Re: New Procedure for Shoreline Permit Transfers Dear New Lakefront Property Owners: Congratulations on finding your new lakefront property! We at Entergy are glad to have you as our neighbor along Entergy s shoreline and lakebed property. We trust that you will enjoy and properly maintain the existing lakefront facilities that are attached to this property you are purchasing. On lakes Hamilton and Catherine, all shoreline facilities (boat docks, piers, etc.) must have permits from Entergy in the current property owner s name. Thus, permits for existing facilities must be transferred to new owners when properties are sold. The following process was established to improve everyone s awareness of Entergy s facility permit requirements, and allow the buyer an opportunity to verify that existing facilities are properly permitted to avoid some potential problems after closing. Please notice the underlined steps below that are your responsibilities to complete this process. 1) When a lakefront property is listed for sale, the realtor will ensure that the seller provides a copy of the permit the seller received from Entergy for any shoreline facilities attached to the property. If the owner cannot locate the documents, the permit information can be provided by Entergy Hydro Operations by fax, , or U.S. mail when requested. 2) Permit information should be included with the standard disclosure information provided by the seller to the buyer. 3) The facility description information on the sellers permit(s) should be verified by the buyer, or buyer s designee, to match the current size and location of all existing facilities attached to the property. After closing, the buyer assumes the risk of having to remove or modify facilities to meet Entergy s guidelines if facilities along the shoreline do not match Entergy s permit documentation. 4) All local title companies are to initiate the permit transfer application process at closings when lakefront properties are sold. Title companies will provide a buyer of lakefront property with Entergy s General Information, Guidelines and Specifications, and a permit transfer application to be completed and signed by the buyer.

2 5) The permit transfer application will be mailed after closing by the title company with the following information included: Copy of the latest permit(s) signed by Entergy (received from the seller or Entergy). Appropriate processing fee as defined in the permit fee schedule. Currently, permit transfer fees are $100 when submitted within 60 days of closing. Afterwards the cost is $250. Copy of the warranty deed or some other proof of lakefront property ownership. There are many benefits of this new process. It is hoped that the new process will encourage a more complete disclosure to potential buyers. We believe that nobody wants to be surprised after closing to find out that the boat dock is not permitted like everyone assumed, and has to be removed because it doesn t meet Entergy s guidelines. It gives Entergy the new contact information for the owner of a facility that is necessary if problems arise with the facility, such as storm damage or deteriorating conditions. The buyer is more informed about permitting requirements. Permits transferred this way at closing will guarantee the buyer the lowest processing fee of $100, instead of $250 when transferred more than 60 days after closing. Thank you for your patience and understanding in accepting this transfer process. Visit our website at to find additional permitting information. There you will also find information on Entergy s Shoreline Management Plan, lake levels, flow releases, the latest Life on the Lakes newsletters and much more. If there are any questions, please call the Entergy Hydro Operations office at Sincerely, Blake E. Hogue, P.E. Lakes and Property Coordinator Encl: General Permit Information, Guidelines and Specifications (Documents A-C) Transfer Application forms (Document E)

3 What Requires A Permit? All shoreline facilities, structures and activities on Entergy s Project 271 lands or water require a permit from Entergy prior to installation or placement. Some of the most common types of facilities, structures and activities that require a permit include, but are not limited to: Piers Landings Boat Docks Bulkheads PWC Ramps/Docks Seawalls Boardwalks Fill Decks Dredge Inflatable Platforms (e.g. trampoline) Riprap Walkways Excavation Boat Lifts (when outside the facility s slip) Water Withdrawal Steps Roads Heat/Air Exchange Piping Vegetation Removal Waterlines Bridges Utility Facilities Regulatory Buoys Landscape Plantings Mooring Buoys NOTE: In addition, permits are required for the modifications, replacement and additions to existing facilities, structures or activities. Document A

4 Hydroelectric Project 271-AR Lakes Hamilton and Catherine are part of Project 271, a hydroelectric project licensed by the Federal Energy Regulatory Commission (FERC). The pools of these reservoirs, associated Carpenter and Remmel Dams and project lands are managed by Entergy pursuant to a license granted by the FERC. Entergy Property Rights Associated with the formation of Lakes Hamilton and Catherine, Entergy acquired shoreline lands and lands underlying the reservoirs. Generally Entergy owns property rights to the 400-ft. contour elevation on Lake Hamilton and to the 307-ft. contour on Lake Catherine. Normal pool level for Lake Hamilton is the ft. elevation. Normal pool level for Lake Catherine is the 304-ft. elevation. It should be noted that the extent of Entergy's ownership of shoreline land does vary. Also, in many locations, Entergy possesses flowage easements extending beyond Entergy's property ownership. Please carefully check ownership records for your property. Private Shoreline Recreation Facilities/Activities The license granted by the FERC authorizes Entergy to issue permits for certain private facilities and activities for use by single-family dwellings along Entergy s shoreline land and on Lakes Hamilton and Catherine. Request for private facilities that are to accommodate more than 10 watercrafts and/or are to be used by multi-family dwellings or commercial operations will not only require Entergy approval but additional regulatory review and approval from FERC. Entergy may conditionally permit adjoining lakefront property owners to access and use Project lands and waters. Private use of Project lands and waters by adjoining lakefront property owners is a privilege granted by Entergy. In exchange for this privilege, adjoining lakefront property owners must comply with all permits conditions, Entergy s regulations, specifications and requirements, as well as all applicable Federal, State and local regulations. The most requested private permits are for boat docks, pwc ramps/lifts, piers, retaining walls and placement of riprap along the shoreline associated with non-commercial residential use or development. To request a permit one must submit to Entergy a complete application that includes drawings of the location, design and dimensions and a description of material and construction type. All facilities must conform to Entergy's general specifications, which are subject to revisions without notice. Please be sure you have the most up-to-date specifications and application form by contacting Entergy s Hydro Operations at or by visiting us on the Web at Entergy Water Rights Through its license from the FERC, Entergy has exclusive right to the waters of Lakes Hamilton and Catherine for hydroelectric purposes. Entergy must authorize the use of this water. Any use other than simple water withdrawal for singleresidence grounds irrigation also requires Entergy and possibly FERC approval. Entergy Permit Conditions Entergy may grant conditional permits for private facilities and activities to adjoining lakefront property owners. Private use of Entergy s Project lands and waters or access across Entergy s shoreline lands is a privilege granted by Entergy. In exchange for this privilege, adjoining lakefront property owners must comply with all permits conditions, Entergy s regulations, specifications and requirements, as well as all applicable Federal, State and local regulations. The installation of any permitted facilities or structure in the reservoir or on the shoreline is to be considered as temporary. All facilities or structures are to be constructed of such materials and in such a manner that would allow easy removal and restoration of the shoreline. Entergy s guidelines and requirements are subject to revision without notice. Be sure to obtain the latest private facility permitting information. Other Permits, Licenses, Approvals, Reviews, Certifications, Etc. In the event Entergy agrees to allow a private facility on Project 271 land and waters, the applicant must obtain all other required approvals. For instance fill and dredging activities may require a U.S. Army Corps of Engineer wetlands permit and other facilities may require the approval of a property owner association or subdivision developer. Applications for private ramps, private developments, cut-in type boat slips and other shoreline activities requiring cutting and active disturbance of bank/shoreline areas will require a 30 day review/comment period by the Arkansas State Historic Preservation Office. Even if Entergy grants a private facility permit, the responsibility remains with the applicant to obtain other Federal, State and local authorizations or permits as required by law and to comply with any property owners association or subdivision bill of assurances, covenants or bylaws and all applicable building codes. Permits Revocable All permits are conditional and may be revoked at the discretion of Entergy. All unpermitted facilities must be removed at the owner s expense. Document B Page 1 of 2

5 Your responsibilities as a dock owner: 1. Your facility must conform to the location, specifications and all other conditions of your permit, as well as all specifications, requirements and conditions which Entergy may determine to be appropriate subsequent to permitting of your facility. 2. Dock floatation must be securely attached and the dock properly anchored and secured at all times. Loose floatation material and loose or derelict docks present a serious hazard to water recreation. 3. It is the responsibility of the dock owner to ensure that the dock is properly maintained and when the dock is constructed, modified or replaced that the waste material is disposed of in an environmentally acceptable manner. 4. Dock owners are to ensure their permitted facilities and structures are not constructed or maintained and activities are not performed on project lands or reservoirs that would be detrimental to navigation or endanger health, create a nuisance, or otherwise be incompatible with overall project recreational use. Alterations/Additions/Relocations of Existing Facilities Relocation or significant alterations of existing facilities require the approval of Entergy and a new permit is required. Said Facilities must be brought into compliance with all current Entergy regulations, specifications and requirements before a permit is issued. Permit Transfer Permits are non-transferable. If the permitted facility is sold or if the ownership is transferred, the Permittee shall promptly notify the Company. New owners can obtain a new permit for a previously permitted facility so longs as; a) the facilities have been maintained in good repair and comply with all applicable State and local health and safety standards, b) the current permittee has complied with the current permit conditions and regulations, and c) the dock owner has submitted a complete application. Inspections All facilities and activities are subject to periodic inspection by Entergy personnel during construction and/or assembly as well as after a permit is issued to ensure compliance with permit conditions. Permit Tag Entergy will issue a permit and tag along with instructions on how to install the tag once an application is approved. The tag is to be installed on the lakeside of your dock. This tag should be easily visible from the lake and is evidence of a properly permitted dock. Periodically inspect the tag. If it becomes lost, please contact Entergy for a replacement. A permit is issued in the name of the dock owner. Be sure that the dock is permitted in your name and not a previous owner s name. Enforcement In the event the permittee fails to comply with any of the conditions and requirements of their permit, Entergy may revoke the subject permit as well as all rights and privileges, both current and future, associated with said permit. In the event Entergy revokes any permit and permittee fails to remove said facilities, Entergy may, and hereby has permittee s permission and authorization, to remove said facilities at permittee s expense. In the event litigation is required by Entergy to enforce any of its rights related to this process, permittee shall be responsible to Entergy for Entergy s legal fees and all expenses incurred by Entergy in connection with its enforcement of said rights. Inquiries, Questions Questions regarding the private facility permitting process or other Project 271 matters may be directed to Entergy's Hydro Operations, 141 West County Line Road, Malvern, Arkansas or by calling Document B Page 2 of 2

6 Introduction General Guidelines & Specifications For Private Lake/Shoreline Facilities/Activities LAKES HAMILTON & CATHERINE (Effective January 1, 2006) Lakes Hamilton & Catherine are a part of Project 271, a hydroelectric project licensed by the Federal Energy Regulatory Commission (FERC). Entergy owns and operates these lakes and associated lakebed and shoreline lands subject to the license issued and administered by FERC. FERC license Article 412 grants Entergy authority to permit certain types of shoreline use and occupancy along the shoreline. If Entergy chooses to exercise this authority then it is required to manage all use and occupancy of project lands and waters to ensure that all facilities are properly permitted, meet current guidelines and requirements, are maintained in good repair and comply with applicable state and local health and safety requirements. Entergy has chosen to exercise the above authority to allow lakefront property owners the privilege to use and occupy Entergy s shoreline lands and waters and has developed the following minimum guidelines for it to interpret and use to assure compliance with its FERC license and to support Entergy s FERC approved Shoreline Management Plan. These requirements and specifications for private recreation facilities (boat docks, piers, decks or other floating or stationary facilities) have been developed to encourage fair division of shoreline space among adjacent property owners and the general public, and to minimize environmental and cultural impacts and navigation hazards along the shoreline and reservoirs. Entergy considers installation of any permitted facility or structures in the reservoirs and the shoreline to be temporary. Accordingly, Entergy requires that all facilities, including, but not limited to, piers, docks, ramps and stairs, be constructed of such materials and in such a manner that allow easy removal and restoration of the shoreline to previous conditions. All construction work by the permittee or his agents must conform to good construction practices by conforming to applicable portions of the Southern Standard Building Code and appropriate state and local codes. A copy of the Southern Standard Building Code is available for viewing at the Garland County Public Library. In some cases, Entergy may require that Facility designs be approved by a Professional Engineer licensed in the State of Arkansas. Entergy s Shoreline Management Plan (SMP) The SMP is a required comprehensive plan to manage the multiple resources and uses of the shorelines on Lakes Hamilton & Catherine in a manner that is consistent with its FERC license requirement (Article 412) to protect and/or enhance the environmental, recreational and aesthetic value of the Project and to address the needs of the public. The SMP identified four (4) distinct Shoreline Use Categories; 1) Residential, 2) Commercial, 3) Public and 4) Multipurpose. 1. Residential Area is shoreline adjacent to existing developed areas with predominantly residential use and character. These areas are either existing platted subdivisions or small individual tracts of land used for single family residences. 2. Commercial Area is shoreline adjacent to or in existing areas supporting commercial activities. In general new commercial related use will be considered most appropriate adjacent to existing established Commercial Use areas. 3. Public Area is shoreline utilized by municipalities and utilities for infrastructure such as road, utilities, parks and other areas currently being managed as areas accessible to the general public. 4. Multipurpose Area is shoreline that has no definable use pattern. These shoreline areas are normally large undeveloped wooded areas which may or may not have scattered residential and/or commercial use. (Future determination of new use areas and non-project use of project lands is explained in detail in Entergy s SMP.) The SMP also classifies all shoreline into three (3) Management Classifications: 1) General Use, 2) Limited Use and 3) Resource Management. These classifications identify what shoreline facilities or activities are most appropriate for specific areas due to the presence of unique or protected resources. 1. General Use Shoreline is typically along areas with a significant heavy level of existing development with few significant environmental resources. These shorelines have been identified as the most appropriate areas to support new shoreline facilities and activities. Most types of shoreline facilities/activities are allowed as long as they are consistent with Entergy s General Guidelines and Specifications for private shoreline facilities. 2. Limited Use Shoreline is along areas that require special considerations for proposed new facilities and activities. This determination was made in an effort to protect certain unique environmental resource, provide fish and wildlife habitat and provide particular aesthetic value and integrity to Project 271 lands and waters. Specific resource concerns addressed in this classification include: Archaeologically Sensitive Areas, Steep Slopes, Unique and Sensitive Fish Spawning and Nursery Areas, Existing Wetlands Areas, and Natural Rock Shorelines. Only certain types of shoreline facilities and activities are allowed along these shorelines. Allowable uses along shoreline with these specific resource concerns are limited and identified in Entergy s SMP. 3. Resource Management Shoreline is along shoreline adjacent to areas developed and managed for particular public purposes such as parks, forestlands, nature preserves and recreational areas. To determine what Use Category and Management Classification a property is adjacent to and to obtain more specifics on the types of facilities allowed, you can view and/or download the complete Shoreline Management Plan at Allowable facilities for General Use and Limited Use Shoreline are explained in general on the following page under General Guidelines and Specifications. For more information on the above contact Entergy s Hydro Operations at Document C Page 1 of 8

7 General Guidelines & Specifications for Docks, Piers, Decks & Boardwalks The following guidelines are for proposed non-commercial shoreline facilities along shoreline categorized as Residential or Multipurpose areas as mapped in Entergy s Shoreline Management Plan (SMP): (Subject to revisions without notice.) SECTION I: FACILITIES INTENDED USE & SLIP DENSITY A. General Use Guidelines 1) Facilities are not to be used for the docking, mooring or launching of houseboats or seaplanes (or other aircraft). Boats are not to extend more than three (3) feet outside its permitted slip. Ski courses are not allowed on any portion of Lakes Hamilton & Catherine unless it is part of an authorized Special Event. 2) The placement of commercial advertising signs is not allowed on non-commercial Facilities. 3) Boats are not to be permanently moored to the outside of a Facility. The perimeters of a dock, boardwalk, or pier may be used for temporary mooring of boats for up to 14 consecutive days in any 30 day period, and no more than 60 days total per year. This does not apply to piers or boardwalks specifically permitted for the permanent mooring of boats. 4) The maximum number of personal watercraft ramps/lifts/slips is two (2) per lakefront dwelling or unit. B. Single-Family Dwellings located on Residential and Multipurpose Shorelines as designated in Entergy s SMP 1) A single family dwelling is defined as a single building for occupancy by a single family unit. 2) Boat docks, piers, decks or other facilities ( Facility/Facilities ) are intended to accommodate lakefront dwellings only. A lakefront dwelling is defined as an applicant s primary or vacation residence that is located on lakefront property that is: owned/leased by the applicant, adjoins Entergy s shoreline property, is not segregated, divided or impaired by any roadway and has a direct line-of-sight view of the shoreline. All adjoining lots under common deed, for use as a single residence, are considered to be one tract. 3) To be eligible for a single (1) slip dock, an applicant must have a minimum of 75 feet of lake frontage. To be eligible for a double (2) slip dock, an applicant must have a minimum of 100 feet of lake frontage. Grandfather Clause : The above restrictions apply only for developments, subdivisions or lots platted or re-platted and recorded after January 1, For developments, subdivisions or lots platted and recorded in the appropriate county court records prior to this date an applicant must only have property adjacent to a minimum of 45 feet of lake frontage for a single slip dock and 90 feet of lake frontage for a double slip dock. 4) The maximum number of slips to accommodate a single-family residence is two (2) regardless of Lake Frontage length. C. Single-Family Dwelling Off-Lake Lot Option along Multipurpose undeveloped shoreline as designated in Entergy s SMP For new developments of undeveloped lakefront areas located along shoreline categorized as Multipurpose, docking for off-lake lots will be considered under the following terms & conditions: 1) The development s lakefront property is platted with lots that adjoin at least 100 feet of Entergy s shoreline property. 2) Only community multi-slip boat docks are allowed and must be located along shoreline adjacent to common use lot(s) that are at least the same depth of the average lakefront lots or deeper. Common use lots must have enough shoreline to accommodate a community dock consistent with Section V Facility Location/Position of these guidelines Common use lots must only be for the purpose of providing access to the community dock. 3) Individual boat docks are not allowed in front of lakefront lots. Swim docks/decks or boardwalks will be considered 4) Total slip density does not exceed one (1) slip per 75 feet of development shoreline. 5) Community docks over six slips must be uncovered. 6) Lakefront lots are reserved only one slip in the community dock. The remaining will be for off-lake lot use. 7) Permits will only be issued to the original developer or a legally formed property owner s association (POA) with jurisdiction over the common use lot (s). The developer will assure that a POA is created and that any permits issued are transferred to the POA. 8) Community docks over 10 slips require, in addition to Entergy agreement, prior agency consultation and FERC approval. D. Multi-Family Dwellings located on Residential and Multipurpose Shorelines as designated in Entergy s SMP: (Permits to accommodate Multi-Family Dwellings will require prior FERC approval.) 1) A multi-family dwelling is defined as a single building for occupancy of more than one family unit or two or more buildings/dwellings that share a common wall between them such as a duplex, condominium or apartment building. 2) Slip density along shoreline intended to accommodate multi-family dwellings is not to exceed one (1) slip per 75 feet. 3) The maximum number of major slips is also not to exceed one (1) slip per multi-family dwelling unit. 4) Slips must be consolidated into multi-slip docks to the sole satisfaction of Entergy 5) All docks are to be uncovered for developments requiring more than six slips. Free-standing lifts with low profile canopy covers may be considered. 6) Each fifty (50) feet of any proposed boardwalk will be considered the permanent mooring location of one (1) slip. SECTION II: ALLOWABLE FACILITIES A) Entergy s Shoreline Management Plan classifies all shoreline as General Use, Limited Use or Resource Protection. i) General Use : both floating and stationary Facilities may be allowed. ii) Limited Use : due to sensitive fish spawning/nursery areas or wetlands, only stationary Facilities are allowed. B) Only stationary/piled docks are allowed in water depths of 7 feet or less. C) A lakefront property owner s dwelling s porch, deck or patio is not to extend over or on Entergy s shoreline lands. D) Concrete slabs, footers, or poured/masonry patios are not allowed. E) Facilities enclosed with rigid sides are not allowed (e.g. boathouses). F) Only wood or metal support structures will be allowed on fixed or stationary docks. Concrete support structures are not allowed. G) Boat lifts or PWC ramps/docks to be located along the outside of a Facility require prior Entergy written approval. Document C Page 2 of 8

8 SECTION III: FACILITY SIZE & CONFIGURATION A) The overall length and width of a single family boat dock shall not exceed 38 feet. Larger dock sizes may be considered if the applicant agrees to maintain more than 90% of the applicant s lake frontage undeveloped and bioengineering shoreline stabilization and storm water runoff vegetation buffering best management practices are employed along the shoreline. B) No more than 50% of the shoreline adjacent to an applicant s lakefront property can be used for the placement of any kind of Facilities (includes PWC ramps/lifts, patios, piers, decks, boat docks, etc.), excluding boardwalks. C) Storage lockers should be located on the shore side and are not to accommodate more than 25 square feet of the Facility s deck. D) The width of a boat dock s head walkway shall be 4 feet to 6 feet. The width of a boat dock s slip finger shall be 3 feet to 6 feet. When a deck area is incorporated into a boat dock, the max. width of the deck shall be 10 feet (includes the slip finger s width). E) The walkway from the shoreline to a dock shall be at least 3 feet in width. F) The maximum size of a pier is 6 feet wide by 38 feet long. G) A boardwalk shall not extend more than 6 feet out from the shoreline over water. H) The overall length or width of a deck or swim dock is not to exceed 20 feet I) A deck s height is not to exceed 5 feet above the normal summertime water level. SECTION IV: FACILITY LOCATION/POSITION A) Where Entergy deems practical, Facilities (including vessels moored to them, PWC docks, lift, etc.) should be located between the property owner's side lot lines so as to provide at least a 15 foot off-set from the property owner's side lot line projected into the water. The use of projected property lines for the placement of Facilities is a management tool used at the sole discretion of Entergy. In some instances, due to unique lot and/or shoreline configuration, Entergy may choose to alter the angle of the projected lot lines to create more fair usage along a particular shoreline. B) Facilities may be allowed closer than 15 feet from a property s projected lot line under the following conditions if in the sole opinion of Entergy, the construction/placement will not unduly affect the adjacent property owner s use of their lakefront or create a nuisance and/or hazard to safe navigation. C) Facilities are to be placed as close to the shoreline as possible. Extensions into the lake of a dock are limited to: i) 55 feet in a direction perpendicular to the shoreline, ii) a distance that would not create a hazard to safe navigation, and one-fourth the distance across a cove, iii) a distance that allows the property owner sufficient water depth for boats. (Entergy may consider variances to this guideline for reasons such as water depth or irregular shoreline contours when conditions warrant in the sole opinion of Entergy.) D) Facilities must not interfere with navigation, ingress, or egress to adjoining properties or existing shoreline facilities. E) Facilities, when feasible in the sole opinion of Entergy, shall be at least 30 feet from any other existing dock. F) If the proposed Facility s slip is parallel to the shoreline, the slip-opening end shall be at least 1.5 times the length of the longest slip from the owner s projected property line. SECTION V: FACILITY COLOR A) A facility s roof and frame should be a neutral color that blends into the natural shoreline or matches the color scheme of the residence that it serves. Pastel colors such as yellow, pink, or purple are not allowed. B) Along shorelines classified as Limited Use due to steep slopes as designated in Entergy s Shoreline Management Plan, a Facility s roof is to be dark green, gray or brown and visible structural members are to be black or dark gray. SECTION VI: FLOATATION & ANCHORAGE A) Closed cell (extruded) polystyrene or approved encapsulated foam bead (expanded) poly-styrene is required on all floating Facilities. B) Hollow containers, metal covered or injected drum floatation will not be allowed. C) All Facilities must be securely anchored to the shoreline and connected with a walkway. D) Docks using pipe stem anchoring systems should be designed to prevent the pipe from sliding out through the pipe stem s sleeve. E) Stiff-arms connected to a concrete deadman on the shore may be required in location with swift water and/or fluctuating levels. SECTION VII: ROOFS/HANDRAILS/GUARDRAILS A) Roofs are only allowed over the slip area of a docking facility and those fingers directly associated with the slip. B) Decks/roof combinations or second floors are not allowed. Roofs may be gabled or single-pitched. C) Metal roofing must be baked enamel coated. Wood or shingled roofs are not allowed on floating Facilities. D) The maximum height of a Facility s roof (peak) is not to exceed 15 feet above the normal water level. E) Handrails, 32 inches high with a 16 inch min-rail, are required on both sides of the walkways leading to the Facility. F) Guardrail, 41 inches high with a inch midrail, should be provided on perimeter areas not used for mooring of boats. SECTION VIII: ELECTRICAL, LIGHTING A) All electrical work shall be in accordance with current version of the National Electrical Code (N.E.C.) Standards for Wet Location, Marinas and Boatyards, the National Electrical Safety Code and all other federal, state and local codes. B) It is exclusively and specifically the responsibility of the applicant/permittee to insure that all electrical work so complies. C) Only low wattage yellow colored lighting that does not create a hazard to boaters should be used on Facilities. Two-inch diameter blue colored reflectors placed at 10-foot intervals along the docks sides are recommended. SECTION IX: FIRE PROTECTION &SAFETY EQUIPMENT A) All Facilities should be equipped with a throwable personal flotation device. B) A properly sized fully charged A-B-C dry chemical fire extinguisher or one with a U/L classification of 20B is recommended. Document C Page 3 of 8

9 General Guidelines & Specifications for Bank Stabilization/Dredging/Boat Ramps The following guidelines are for proposed non-commercial shoreline facilities along shoreline categorized as Residential or Multipurpose areas as mapped in Entergy s Shoreline Management Plan (SMP): (Subject to revisions without notice.) SECTION I: BANK STABILIZATION Bank stabilization may require additional permits from the U.S. Army Corp of Engineers. A) The preferred methods of bank stabilization are through the use of bioengineering (vegetation planting) or riprap (the placement of large rock along the shoreline). B) Seawalls are only allowable along General Use Shorelines as designated in Entergy s SMP, but riprap is required in front of the entire length of all new seawalls, up to just below the surface of the water for habitat restoration and wave reduction. C) Only riprap and/or bioengineering will be allowed along shorelines that have been classified in Entergy s Shoreline Management Plan as Limited Use due to wetlands or sensitive fish spawning/nursery areas. D) Bank stabilization will not be allowed along shorelines that have been classified in Entergy s Shoreline Management Plan as Limited Use due to natural rock shorelines. E) A seawall s height should not exceed what is needed to stabilize the shoreline from erosion. The top of wall shall not be higher than 403 elevation on Lake Hamilton & 307 elevation on Lake Catherine. This is typically 3 feet above normal summertime lake level. F) Walls and riprap must follow the normal shoreline (399-ft. elevation, Lake Hamilton & 304 ft. elevation, Lake Catherine). Photographs showing grade stakes with flagging tape along the outer extremity of the proposed wall or riprap must be submitted with the application. Staking must remain until permit is issued. G) Concrete block walls should be filled with concrete. H) Crossties and other wood timbers treated with "Penta" or "Creosote" will not be allowed. I) All structures must be constructed between the property owner's side lot lines extended into the water. J) All shoreline structures are to be constructed so as to not adversely affect the shoreline contours or slopes of lands owned by Entergy. K) Construction of the wall or placement of riprap must be completed prior to any backfilling. All backfill material must be obtained from an upland source. L) Structures made of tires, rubble, petroleum-based products, scrap machinery, tree trunks or limbs are not allowed. M) Wood, metal or vinyl type structures must be structurally tight and driven into the lakebed a depth sufficient to prevent seepage of backfill material. All nuts, bolts, nails, cables, straps, etc. used to secure and support the structure must be galvanized or similarly plated to prevent premature corrosion. N) No excavation or dredging for bank stabilization is permitted except for that specifically required for installation of the structure. SECTION II: DREDGING/EXCAVATION (Fill activities may require additional permits from the U.S. Army Corps of Engineer. A) Due to the potentially negative impact to the environment, Entergy discourages the dredging of large areas of the lakebed. In order to preserve the natural and riparian habitats found along the reservoir shorelines, dredging of the lakebed is restricted to a maximum of 25 cubic yards. B) Entergy may allow dredging over 25 cubic yards in order to enhance public access or public recreation opportunities. C) Dredging will not be allowed along shorelines that have been classified in Entergy s Shoreline Management Plan as Limited Use due to wetlands or sensitive fish spawning/nursery areas. D) Dredging boat channels landward of the normal water level is no longer allowed. The use of bulldozers in the bed of the lake is prohibited. E) Boat slips dredged landward of the "normal" water level are to be according to U. S. Army Corps of Engineer guidelines. No keyhole shaped slips will be allowed. Indented slips are required to prevent stagnation of water in the slip. All dredged slips are required to be properly stabilized by either a vertical wall or the use of riprap. F) Dredging must be accomplished in such a manner that if the lake were drained, water would not be trapped within the dredged area. G) All dredged excavation lines must not have a slope steeper than 1 to 1. H) All dredged spoils, whether held temporarily or permanently must be contained by approved erosion and sedimentation control methods. Spoil is not to be located on Entergy property. SECTION III: PRIVATEBOAT RAMPS (Boat ramps may require additional permits from the U.S. Army Corps of Engineers. A) Boat ramps are not allowed along shorelines that have been classified in Entergy s Shoreline Management Plan as Limited Use shoreline due to wetlands or sensitive fish spawning and nursery areas. B) Maximum width for boat ramps is ten (10) feet. C) Boat ramps must be 15 from the applicant s adjacent property line. D) Dredging for boat ramps is limited to only what is needed for the installation of the facility. The lake where a boat ramp is being proposed must already have sufficient depth for the boat ramp to be usable. E) Dredging channels out from the boat ramp is not allowed. IMPORTANT, PLEASE READ CAREFULLY Applications for bank stabilization, dredging, excavation and boat ramps may require a 60-day processing period and should be submitted to Entergy as early as possible in the drawdown period if the proposed construction activities are to be performed during the winter drawdown. Document C Page 4 of 8

10 PERMIT FEE SCHEDULE The Federal Energy Regulatory Commission license for Project 271-Lakes Hamilton & Catherine allows Entergy to charge reasonable fees to cover the cost of administering its shoreline permitting program. Entergy, at this time, only charges a one-time, non-refundable permit fee which only helps defray the costs. Fees are frequently reviewed and are subject to changing to more reflect the actual cost of implementing Entergy s permit program. NON-COMMERCIAL PRIVATE FACILITY PERMITS INTENDED FOR SINGLE-FAMILY DWELLINGS: $ (includes, but not limited to permits for new and the modifying or transferring of permits for existing docks, piers, boardwalks, landings, bank stabilization, rip rap, circulating loops, boat ramps & dredging) *Permit transfer fees will be discounted to $100 if transfer application is submitted within 60 days from purchase of property. COMMUNITY FACILITY UP TO 10 SLIPS INTENDED FOR SINGLE-FAMILY DWELLINGS: $ COMMUNITY FACILITY OVER 10 SLIPS INTENDED FOR SINGLE-FAMILY DWELLINGS $1, DOCKING FACILITIES INTENDED FOR MULTI-FAMILY DWELLINGS: $1, COMMERCIAL DOCKS $1, AFTER THE FACT PERMITTING: 2X REGULAR FEE (Facilities that are built without prior authorization but meet current guidelines may be permitted but fees will be twice the current processing fee.) Applications that require extensive review or require additional inspections will be assessed additional fees based on the time required to process the application. To help avoid additional fees, be sure that a complete application is submitted with all requested materials. Performance Bond for Multi-Family, Community and Commercial Facilities. Permittee upon approval of a permit shall procure a performance bond for Ten Thousand Dollars ($10,000) in form satisfactory to and payable to the Entergy Arkansas, Inc. (Company) prior to the issuance of the permit and maintain in full force and effect during the placement/construction of the facility to ensure the faithful performance by Permittee of all of the terms, covenants, and conditions of the permit agreement, and to ensure removal of the boat dock and all related facilities on Company s property and the restoration of the Company s property if the permitted facility is not constructed or placed in accordance with the permit. Once placement/construction is completed to the sole satisfaction of Entergy, the bond can be terminated after written approval from Company. If Permittee fails to faithfully perform any of the terms, covenants, and conditions of this Agreement, the Company may, in its discretion, use or apply any part of the surety to cure Permittee s failure to perform or to compensate the Company for any loss, damage, or expense incurred (including attorneys' fees) by the Company as a direct or indirect result of Permittee s failure to perform. A company authorized to write such bonds in Arkansas shall write such surety. Permittee shall furnish the Company with a certificate of such surety in a form satisfactory to the Company before a permit is issued. Such surety shall provide that advance written notice be given to the Company before the bond is canceled, materially changed, or not renewed. The Company reserves the right to reject surety or bonding tendered by Permittee. GRANDFATHERING Existing Facilities or those permitted prior to the adoption of Entergy s current permitting general guidelines and specifications and SMP may remain for their useful lives, as long as they are in compliance with the size, location and type requirement set forth in Entergy s requirements in effect at the time the Facility was constructed. When major repairs are proposed, involving more than 50 percent of the structure, as determined solely by Entergy, the structure must be repaired so as to be in compliance with Entergy s current general guidelines and specifications and SMP. This will include a review of repairs by Entergy to assure that the structure is appropriate for the SMP s Shoreline Use Category and Management Classification it is located within. If a previously permitted structure is removed, destroyed, or damaged by fire, natural disasters or other means, the replacement structure must be in compliance with Entergy s current guidelines and specification and SMP. ENFORCEMENT / NON-COMPLIANCE In the event a permittee fails to comply with any of the conditions and requirements of a permit, Entergy may revoke the permit as well as all rights and privileges, both current and future, associated with the permit for the facility/facilities in non-compliance and all other permitted facilities and all future proposed facilities up to 5 years. In the event Entergy revokes any permit and the permittee fails to remove said facility/facilities, Entergy may and hereby has permittee s permission and authorization, to remove said facility/facilities at permittee s expense. In the event litigation is required by Entergy to enforce any of its rights related to this process, permittee shall be responsible to Entergy for Entergy s legal fees and all expenses incurred by Entergy in connection with its enforcement of said rights. In the event a facility is constructed or placed on Entergy s shoreline property without a proper permit, Entergy will take appropriate action to assure that the facility is removed from Lakes Hamilton or Catherine. Any cost incurred by Entergy, including, but not limited to legal costs, removing cost, towing cost, storage cost, or any disposition cost, will be costs for which you are responsible, and for which legal action may be taken to recover same. In the event a facility is constructed or placed on Entergy s shoreline property without a proper permit, any application submitted after the fact will be subject to a penalty fee assessment in addition to the normal processing fee. (See above After the Fact Permitting fee schedule) ANNUAL WINTER DRAWDOWNS Each winter, Entergy draws down the levels of both Lakes Hamilton & Catherine to facilitate shoreline maintenance and inspection and to help control nuisance aquatic vegetation. Drawdown levels vary and are determined in late summer after consultation with the Arkansas Game & Fish Commission. Normally the lakes are lowered in mid-november and are returned to their normal summertime level by mid-march. The exact dates and levels are published in the local newspaper and on Entergy s web site at Document C Page 5 of 8

11 Facilities/Activities Involving Ground Disturbance (e.g. stationary boat docks, dredging, seawalls, boat ramps, excavation) Pursuant to Entergy s license from the Federal Energy Regulatory Commission, additional regulatory review may be required for certain types of proposals requiring cutting and active disturbance of the lakebed or bank/shoreline areas (e.g. stationary boat docks, dredging, seawalls, boat ramps, excavation). Before issuing permits for such activities, Entergy is required to provide those applications to the Arkansas State Historical Preservation Office (SHPO) and the Caddo and Quapaw Indian Tribes for a 30-day review period. This additional review is to assure that any archeological sites and Historical Properties inside the Project Boundary of Lakes Hamilton & Catherine are afforded reasonable protection as required by the National Historic Preservation Act. If after 30 days, Entergy has not received a response from the SHPO, either for additional time or providing a determination, and no objections from the Caddo Tribe or the Quapaw Tribe, Entergy may proceed to grant authorization for the requested action. If the SHPO makes a determination of no effect, and there are no objections stated by the Caddo Tribe, or the Quapaw Tribe that are copied on the correspondence, Entergy may proceed to issue a permit allowing the implementation of the proposal. For those actions proposed by others (applicant) that have been determined by the SHPO to adversely affect archeological sites or Historic Properties, the applicant must choose to either: 1. Not implement the proposed action and terminate their application. 2. Modify the proposed action to the satisfaction of the SHPO so that there is no longer an adverse effect to the Historic Property. 3. Implement the action as proposed with requirements as specified by the SHPO or implement the action as proposed with mitigation as specified in a Treatment Plan prescribed by SHPO. Entergy can require any entity/applicant that is proposing activities requiring cutting and active disturbance of the lakebed or bank/shoreline areas within the Project Boundary of Lakes Hamilton & Catherine to undertake the appropriate level of investigation, monitoring, and any subsequent mitigation found to be required by SHPO for reasonable protection of Historic Properties. To facilitate the review process, application should include: all requested information. photographs of the area where the proposed work is to be performed (with flagging marking work area). survey plat. detailed construction plans. an area map showing the general location of the proposed work. Facilities/Activities Requiring U. S. Army Corps of Engineer Permits Required U. S. Army Corps of Engineers Permits The Corps of Engineers is directed by Congress under Section 404 of the Clean Water Act (33 U.S.C 1344) to regulate the discharge of dredged and fill material into all waters of the United States, including their adjacent wetlands. Typical activities requiring permits include, but are not limited to, manmade canals and islands, boat ramps, bulkheads/retaining walls, ditches, dams, dikes, weirs, filling, intake structures, levees, outfalls structures, riprap, road fills and similar activities. Penalties for violations can range from being required to remove the structures and material to substantial fines or even imprisonment. Most activities on Lake Hamilton & Catherine will fall under a Nationwide Permit and require no notification action by the applicant. If you are planning any of the above activities at or below the 304 foot elevation contour on Lake Catherine and at or below the 400 foot elevation contour on Lake Hamilton, or if you are uncertain whether or not your activity requires a permit, please contact the Corps Regulatory Branch at telephone (601) or write to the following address: Vicksburg District, Corps of Engineers ATTN.: CELMK-OD-F 4155 Clay Street Vicksburg, Mississippi Telephone: (601) or Web Site: regulatory@mvk02.usace.army.mil Document C Page 6 of 8

12 NOTICE Requirement for New Retaining Walls Natural undisturbed shoreline provides valuable nursery habitat and food source for newly spawned fish. To mitigate the impact to the environment caused by the construction of retaining walls, riprap (rock greater than 6 in diameter) is required along the entire length of all new walls beginning the winter of 2002/2003. In addition to protecting the environment, riprap absorbs wave action that causes erosion and damages docks. Failure to abide by this new requirement may result in revocation of all shoreline facility permits issued to the permittee/owner of the wall. If you have any questions concerning this new requirement, please feel free to contact Blake Hogue, Hydro Operations at Placement of riprap along entire length of wall. Normal Water Surface Retaining Wall Yard Water Wall Footer Document C Page 7 of 8

13 Rip-rap Installation Placement of large rock, usually referred to as rip-rap, is the preferred form of shore protection. (see Figure 4). Figure 4: Proper rip-rap placement (MHW=mean high water) Crushed or blasted rock locks together better than rounded boulders, but can be very expensive unless it is readily available. Geotextile fabric is usually placed beneath the rock rip-rap to prevent soil loss through the rip-rap openings. It is easy to place and provides an excellent filter barrier (Figure 4). In order to prevent punctures, plenty of slack should be provided over protruding objects that cannot be removed. A layer of sand or fine gravel can be placed on the fabric for extra protection against puncture. Enough fabric should be laid out so that the rip-rap periphery can be "wrapped" by bringing the fabric up and back down into the rip-rap. This will help hold the rip-rap together as one structural unit. Keep in mind that sunlight will degrade exposed fabric. As an alternative to the fabric, a graded filter layer can be used beneath rip-rap to prevent soil loss through the rip-rap openings. Sufficient rock must be placed at the base of the rip-rap for toe protection. NOTE: Disturbance of the shoreline or the excavation of the lakebed is not allowed for the placement of rip-rap in areas classified as Sensitive Spawning and Nursery Area in Entergy s Shoreline Management Plan. Support of the rip-rap toe area is to be done by the placement of larger rock. Document C Page 8 of 8