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HomeMy WebLinkAbout51924D - Progress ICAMA/ ❑DREDGE & FILL IEN ERAL PERMIT Previous permit# 'New ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued rized by the State of North Carolina,Department of Environment and Natural Resources -7 :oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC / I-t . 1(60 tiles attached. t Name CClt.fi_C Project Location: County f47ii3Li , (LfG1 M(L -rmy (,,--I G F F Ie_.0 . Street Address/State Road/Lot#(s) V 1L-f1/1 I KT ri)rsj State N L ZIP 2 f i{-L j 11 l R i I\J i:UA;us i< '. 51 K l Vat 1 . Oh) 2. ? -722 2fax# ( ) Subdivision :ed Agent City NA l l ACE ZIP z I-R1, ) ❑CW DtW -,PTA ❑ES .-7 PTS Phone# ( ) River Basin (Art ;Ir G ❑OEA ❑HHF ❑IH ❑UBA ❑N/A Adj.Wtr. Body 114 ( Aft, FL-7'►Z- nat /r ❑ PWS: ❑FC: ftY yes /t*" ' n�PNA yes / Crit.Hab. yes / no Closest Maj.Wtr. Body i'l:= Z f Project/Activity f LK.I 1,1 L . K !.S,S Itity^ ((XI NI, i/VI= ---"P,c (Scale: P ck)length i(s) • I• -�- der(s) ��® ,ngth • 1 ® i mbar ' 1 M d/Riprap length -111 rEVAIRMINSWINHOICA g distance offshore 1 ix distance offshore MI I hannel bic yards i lip I ! I I se/Boatlift • = =®=� iulldozing ■ �.■ \ER.IPIL Lit►L IT Y I I ait WW '' I In 1it_It11►lMII IAMVAI MirTOr"'Ai"P IMMINM. . 1' 1* II. �a <rii11�1i�i �_ re Length J0 s!�_ �®�� - ?WZlli " lO2/� �3_1__ not sure yes �o ai.. = � -® I s: not sure yes no .._. -NMI I I rium: n/a yes . _MI I ®- _ yes 1 Attached: yes up- ing permit may be required by: t ..7.12t:7K U See note on back regarding River Basin r .r. .-._ IC i''',r -"I I I. .-� '� 1 r -/-d-. -?ri_:r,- /'' L_.-_-1-1.- J-- i ry,4Lc t+ 64-1327 l'b 1 .34 • :.Subsidiaries A) Progress Energy 611 • Vendor Number 11946 VOID AFTER 6 MONTHS FROM DATE Check Date 05-OCT-07 169734 400.00 3red Dollars And 00 Cents********************************* )ASTAL MGMT [NAL DR EXT )N, NC 28405 A. 6P S7 9 Signature 1,69734o' 406 L 2097561: 20799004 L506 ?�i' • F W ATFRQ Michael F.Easley,Govern �0 G William G.Ross Jr.,Secreta rNorth Carolina Department of Environment and Natural Resourc Alan W.Klimek,P.E.Direct Division of Water Quali April 12, 2007 Pender County DWQ Project#: 07-0540 Mr. Kenneth Karp General Manager, Distribution Progress Energy Carolinas 1451 Military Cutoff Road Wilmington,NC 28403-3612 Subject Property: NE Cape Fear River Distribution Feeder Line NO WRITTEN CONCURRENCE NEEDED Dear Mr. Karp: You have our approval, in accordance with the attached conditions, to install 570 feet of line overhead from the west side to east side of the NE Cape Fear River as you described in your application dated March 22, 2007. After reviewing your application, we have decided this fill is below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3625 are met, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. 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 and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: • Page Two Mr. Kenneth Karp General Manager, Distribution Progress Energy Carolinas DWQ# 07-0540 April 12, 2007 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the enclosed conditions (GC 3625) are followed. 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, which 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 Ian McMillan at 919-733-1786 or myself in the Wilmington Regional Office at (910) 796-7215. Sincerely, Joanne Steenhuis Environmental Senior Specialist Enclosures GC 3625 Certificate of Completion cc: W.T. Bryson—Progress Energy Carolinas Brad Shaver- USACE Wilmington Field Office Ian McMillan, DWQ 401 Oversight and Express Unit Stephen Rynas - DCM Morehead City Central Files WiRO Certification of Completion Project No.: County: [cant: ct Name: of Issuance of Wetland Permit: Certificate of Completion completion of all work approved within the 401 Water Quality Certification and Buffer Rules, am quent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form mi Led to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to cates from all of these. !icant's Certification , hereby state that, to the best of my abilities, due care and diligence in the observation of the construction such that the construction was observed to be built within subst .iance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifica her supporting materials. Lure: Date: it's Certification ,hereby state that, to the best of my abilities, due care and diligence in the observation of the construction such that the construction was observed to be built within subst iance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifica her supporting materials. Lure: Date: is project was designed by a Certified Professional , as a duly registered Professional (i.e., Eng. cape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodi y, full time) the construction of the project, for the Permittee hereby state that. to the best of my abilities. due WQC #3625 UTILITY LINE BACKFILL AND BEDDING CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (12)and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including any fill activity for utility line backfill and bedding)and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This certification replaces Water Quality Certification (WQC) Number 2664 issued on January 21, 1992,Water Quality Certification Number 3022 issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000 and WQC Number 3374 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit 198100049 or when deemed appropriate by the Director of the Division of Water Quality. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Activities covered by this General Certification do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this General Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as appropriate. If any condition in this Certification cannot be met, application to and written concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in basins with riparian area protection rules; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 3. In accordance with 15A NCAC 2H .0506 (h)compensatory mitigation may be required for stream and/or wetland impacts. Streamside buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation"within the"Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made by DWQ for any Certification involving written concurrences including those for relevant Buffer Rules; 4. The edge of the construction corridor shall not be installed parallel to and closer than 10 WQC #3625 spaced at least 500 feet(152.4 meters) apart. Written concurrence is required if the maintenance corridor is greater than 10 feet(3 meters)wide except that a maintenance corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is provided for additional wetland fills to the maintenance corridor beyond those widths specified in this General Certification; 16. An anti-seep collar shall be placed at the downstream (utility line gradient)wetland boundary and every 150 feet(45.7 meters)up the gradient until the utility exits the wetland for buried utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet(45.7 meters)long do not require anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is attached for the anti-seep collars; The following specifications shall apply to class B concrete: a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0 b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5 c) Maximum water-cement ratio gallons per sack 6.8 d) Slump range 2"to 4" e) Minimum strength - 28 day psi 2,500 17. This General Certification does not authorize any permanent changes in pre-construction elevation contours in waters or wetlands or stream dimension, pattern or profile. The permittee will have a specific plan for restoring wetland contours. Any excess material will be removed to a high ground disposal area; 18. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI)or Record of Decision (ROD) is issued by the State Clearinghouse; 19. Stormwater management will not be required for this Certification as long as all other Conditions are met. However, in the twenty coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations still apply; 20. Compensatory mitigation (i.e., restoration, creation or preservation)for wetland losses will not be required for this Certification if written concurrence is not needed; 21. Payment of a dollar per acre figure into the Wetland Restoration Program for these impacts is acceptable when compensatory mitigation is required as long as the Wetlands Restoration Program agrees in writing to accept this payment. Other mitigation plans must receive written DWQ concurrence; 22. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State or local approvals; U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT AFTER THE FACT AUTHORIZATION 3n ID. 2007 1809 071 County: Pender USGS Quad: Wallace East GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION [icant: Progress Energy-Carolinas Agent: Progress Energy-Carolinas •ess: attn: Mr.Kenneth Karp attn:W.T.Bryson 1451 Military Cutoff Road P.O.Box 1981 Wilmington,NC 28403-3612 Raleigh,NC 27602 and location of property(water body,road name/number,town,etc.): The project site is located at the eastern iver Road located off Hwy 117 as it crosses the NE Cape Fear River,Pender County. ription of projects area and activity: This verification covers an aerial crossing of the NE Cape Fear River. [cable Law: ® Section 404(Clean Water Act,33 USC 1344) ® Section 10(Rivers and Harbors Act,33 USC 403) )rization: Regional General Permit Number: Nationwide Permit Number: NW-12 ATTACHED NATIONWIDE CONDITIONS. Dur work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attac itions and your submitted application dated 3/22/2007 and email dated August 23,2007. Any violation of the attache( itions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order am )priate legal action. ds verification will remain valid until the expiration date identified below unless the nationwide authorization is mod nded or revoked. It j prior to the expiration date identified below, the nationwide permit authorization is reissued a fled,this verification will remain valid until the expiration date identified below,provided it complies with all requiremer odified nationwide permit. If the nationwide permit authorization expires or is suspended,revoked,or is modified,such thg ty would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced(i.e construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provide ty is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, u ,tionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization. tivities subject to Section 404(as indicated above)may also require an individual Section 401 Water Quality Certification. 3 contact the NC Division of Water Quality(telephone(919)733-1786)to determine Section 401 requirements. r activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAN to beginning work you must contact the N.C.Division of Coastal Management. is Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Fec or local approvals/permits. there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of Engineers regulatory please contact Brad Shaver ay 910-251-4611. s Regulatory Official C Date: August 24,2007 ion ID Number:2007 1809 071 County:Pender mittee: -Four-Gou$tV vror55 Energl/' r0t►ivr5 e Verification Issued: August 24,2007 ject Manager: Shaver n completion of the activity authorized by this permit and any mitigation required by the permit, this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE POST OFFICE BOX 1890 WILMINGTON,NORTH CAROLINA 28402-1890 ,se note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps o ineers representative. If you fail to comply with this permit you are subject to permit suspension, lification, or revocation. reby certify that the work authorized by the above referenced permit has been completed in rrdance with the terms and condition of the said permit, and required mitigation was completed it Tdance with the permit conditions. tature of Permittee Date 'RELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps ding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an appro1 which may be appealed),by contacting the Corps district for further instruction. Also you may provide i mation for further consideration by the Corps to reevaluate the JD. TION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INI IIAL PROFFERED PERMIT SONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your ;lions to an initial proffered permit in clear concise statements. You may attach additional information t :orm to clarify where your reasons or objections are addressed in the administrative record.) IITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps orandum for the record of the appeal conference or meeting, and any supplemental information that the w officer has determined is needed to clarify the administrative record. Neither the appellant nor the Co add new information or analyses to the record. However, you may provide additional information to cla )cation of information that is already in the administrative record. if OF CONTACT FOR QUESTIONS OR INFORMATION a have questions regarding this decision If you only have questions regarding the appeal process ►r the appeal process you may contact: may also contact: Shaver Mr. Mike Bell,Administrative Appeal Review Officer Box 1890 CESAD-ET-CO-R ungton,NC 28402-1890 U.S. Army Corps of Engineers, South Atlantic Divisior 60 Forsyth Street,Room 9M15 Atlanta, Georgia 30303-8801 IT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and an: rment consultants,to conduct investigations of the project site during the course of the appeal process. )e provided a 15 day notice of any site investigation, and will have the opportunity to participate in all si tigations. Date: Telephone number: Lture of appellant or agent. appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form tc rict Engineer,Wilmington Regulatory Division,Attn: Brad Shaver,Project Manager,Wilmington ilatory Field Office,P.O.Box 1890,Wilmington,North Carolina 28402-1890 `'� Progress g Energy Mr. Brad Shaver Regulatory Division U.S. Army Corps of Engineers - CESAW-RG-L P.O. Box 1890 Wilmington,NC 28402-1890 Subject: Additional clearance information for Proposed Overhead Electric Distribution Line Crossing Northeast Cape Fear River in Pender County Action ID 2007-1809-071 Dear Mr. Shaver: For the navigable waters crossings, PEC has verified that the conductors, under conditions creating maximum sag, will provide the minimum 20 feet of clearance required for 12kV distribution lines, as measured over the existing clearance at Crooms Bridge. This clearance exceeds applicable electric safety codes. PEC appreciates your cooperation on this project. If there are any questions or if you need additional information, please contact me 910-256-7223 (office), 910-620-7014 (cell) or via e-mail VL ry truly yours, (pa., 8 -2,3 -0 ? Don Cooke DSC/dsc Enclosures: 1. Overhead Clearance drawing Enclosure 1 - Clearance drawing Action ID 2007-1809-071 21' over bottom of bridge ( ' max operating temp Bottom of Croorns Bridge over NE Cape Fear River Elevation 21 .5 ft. NCDOT 12.2 feet mean high water g � Not to : LOCATION MAP S ENERGY CAROLINAS, INC. r# "'N..1.11.r' ..t_ :AR RIVER CROSSING \-- , 'a jji ''1. ".• . \ V‘"\ ‘ ‘.'\ ,\ \ ..P '4P \ ,�Mn II PLNOS cover y �'\t IS y 900K,donFAQ 3JJ q ca\r -><` \ i ' 1 P� �. aM. X'MD.Kaf;MC/cr CAM"( 1,. .\ \ \\ • • r 1� .' ` a.' .f , Mom' '' `t o6 .,l A a>SJ'at'r ar6 D9(C'U) t f ,y r5 v- --,fp•r ae1 `} ^y.a' 1 lS I \ Je'Ow t M IaX'a'w lAl q',on � 'SYM IA'> I .I•vw7 i \ \ \ ‘CrcIar 1.Da[ \ IMIS 0.fa a v. \,\aMN `.` rrrMD Vit n irlr rrnt Aaa[Cf.K r,AcrtD ID:AaD o[�.a.I0 • .._.�......, __ ..._._....,.._._,_. ._ j. _.,.. ... 2$ f YIMO HfK, . I 1 1 l . AU MIMIC OIL 4i>+Af W( t> _.._. •I wME,D ac 1C4. I M. 1 I I 1. •!Mama M ... ..........__ ........ .— .. ..._...... _ _.y .._._. __.. .... f._.. .. rnr.lr el %.... . . • - a • CAI wvra.c...n.r AA .10 PI altr ^aa:::a MOM. r . ....fair ft J \MGMQ\'•.4 rttf. a0.r q- �``YM�r JaG, t v r ..__...._.�...._._a ...__. .._. ._ .._�. ""....___.j . til �. i ; =r=#1 MNOVER DESIGN SERVICES,PA. ' IA.w,sn,ncw, c.0.rrwf taws ifaom'r<f tu'DO '5 N.C. -HM`J 1 HMV C* 1.1-M9n LI.J l n.a r.>n r.an r.m �.fn >�an f.)n f.nn >.>n t.ci t_nr. �.nn ..zn ..M c.rn a_an c.- e.an e.to �.cn c..•� r... I Progress Energy memo Date: May 22,2006 To: Christy Maynor From: Paul Polinski Subject: J.Fred Murray Engineering Deposit Christy, Per our phone conversation today, please find the attached check and account information. This check is a deposit to cover engineering expenses associated surveys and permitting for a distribution line extension to serve J.Fred Murray, located on Deep Woods Rd. Wallace NC. It is my understanding that we will apply this deposit to the customer's CIAC when the work order is processed. Thanks, Paul E. Polinski t Progress Energy 5700 Holly Shelter Road Castle Hayne,NC 28429 May 17, 2006 J of.;_�__-_. J.Fred Murray 45Covil Ave Wilmington ,NC 28403 Re: Electrical Distribution Line Extension Main Woods Rd,Wallace NC Dear Mr. Murray: You recently contacted Progress Energy Carolinas, Inc,(PEC)about the possibility of obtaining PEC electric service for a proposed residential dwelling located at Main Woods Rd,Wallace NC. The line extension necessary to serve your proposed dwelling will involve considerable PEC expense. in order for PEC to extend electrical service to this location,PEC must first engineer the most economical route and obtain necessary permits and/or encroachments as needed to comply with local and state ordinances. PEC is willing to proceed with engineering studies as well as preparing layouts and obtaining permits and encroachments upon receipt of a non-interest bearing deposit in the amount of $5000. This deposit will cover the estimated cost of engineering the line extension and the estimated cost of securing permits and or encroachments to serve the above mentioned location. The ultimate cost, if any,to you for PEC's electric line extension will be determined in accordance with Line Extension Plan E. That cost cannot be determined until the location of the actual line extension is determined and permits and encroachments have been secured. Should the amount of contribution in aid of construction be greater than the deposit,the additional amount above the deposit plus any abnormal construction expense will be due and payable to PEC for the line extension. Please sign and return one copy of this Agreement along with your deposit to me at the above address. Please retain the second copy of this Agreement for your records. Your signature will signify your concurrence to the terms in this Agreement. . , concerning this Agreement. Sliwer ,elv Paul E. Polinski Service Coordinator ce.William Durnas Dane11 Penny Accepted by )- - Dated customer Progress Energy May 3, 2006 Mr.John Batter Pender County Manager Pender County PO Box 5 Burgaw, NC 28425 Re: Request to construct a power line across Pender County river lot to serve a customer Dear Mr.Bauer: Progress Energy has received a request for electric service to serve a new customer. The customer,Fred Murray,recently purchased a large track of land on the East side of the North East Cape Fear River near River Landing. Progress Energy does not have a power line in this area and proposes to use an existing overhead electric line that currently stops at the end of Doug Street. See attached drawing. Our plans are to extend this power line along the South side of Pender County's river lot(Deed Book 1862,page 333)and cross the river to Mr. Murray's property. It appears to us that this lot was purchased by FEMA and that an overhead power line is allowed within the Deed restrictions. We have proposed to install two poles and one guy wire as shown on the drawing. We will also need cut and trim a 30' ROW strip for the maintenance and operation of said power line. I have also enclosed our ROW easement that will need to be executed in order for this to be constructed. Please review our request to serve Mr. Murray and advise irthis is agreeable with Pender County. Please call me at 910-602-4384 if you have any questions or wish to meet on the lot. cc.Attachment Sincerely, b 3 �n ''''cc9,*-;:Li' I � d -Lig,'L1S Nob/ li hlY:k W U SN1t� IT� 1 • N L- W w lU ',11 S11 lay (I 'r 1?.... Al i--) rr, 0 tJ V �i 3 C .4 ' P J R_ 0 � �I v� �' i T1 ' ') �1, vs hl Sil r hi , r) tia 1 O G cn ° U �) Icy 3 ri .� - r � III WI _. -n it t` PL P, County of Ponder JP it< .� www.ponder-county.corn Board of Commissioners County Manager's Office Stephen C.Holland,Chairman OUNTY O Post Office Box 5 F.O.Rivenbark,Vice-Chairman C' ,, 807 South Walker Street Eugene B.Meadows Bill Moore / +'1 Bur9aw,NC 28425 J.David Williams * Telephone: (910)259-1200 Facsimile: (910)259-1402 John Bauer,County Manager Paul Parker,Asst.County Manager \Nkfl �`/ Glenda Pridgen,Executive Secretary Melinda Knoerzus,Administrative Assistant May 11,2006 Steven P. Banks Land Agent Progress Energy Carolinas,Inc. 5700 Holly Shelter Road Castle Hayne,NC 28429 Re: Easement for access to Fred Murray Lands Dear Mr. Banks: Enclosed is the executed right of way easement across Pender County parcel ID#3325-01-9345- 0000 that Progress Energy requested for construction of electrical poles to access the above referenced tract. Kindly forward a copy to us after it has been recorded with the Register of Deeds office. Please let us know if you need anything additional in this regard. • ,lte \etfu ly, ohn auer Coun Manager EASEMENT DRTH CAROLINA ENDER COUNTY THIS EASEMENT made this /( day of , 20 06 , from PENDER COUNT'r`, ireinafter referred to as GRANTOR (whether one or more), to CAROLINA POWER & LIGHT COMPANY, a North rolina public service corporation, d/b/a PROGRESS ENERGY CAROLINAS, INC., hereinafter referred to as PEC WITNESSETH: THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable tnsideration,the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto PEC, its successors id assigns, the right, privilege, and easement to go in and upon the land of GRANTOR situated in Union Township of rid County and State, described as follows: containing one lot, and being the land described in a deed from Robert T. right and wife, Patricia A. Wright, to Pender County, dated March 28, 2002, and recorded in Deed Book 1862, page 13, Pender County Registry , LESS AND EXCEPT any prior out-conveyances, and to construct, maintain, and operate .,ctric and/or communication facilities thereon consisting of poles, cables, wires, guys, anchors, underground conoui ts, id other pertinent facilities within an easement area thirty (30) feet wide, with the right to do all things necessary, ,luding, but not being limited to, the right: (a) to enter said easement area at all times over the adjacent land to inspect, pair, maintain, and alter said facilities; (b)to keep said easement area cleared of trees, shrubs, undergrowth, buildings, 'uctures, and obstructions; (c) to trim or cut any tree adjacent to said easement area that may, in the opinion of PE C, danger the overhead facilities or hinder the maintenance, operation, and use of the same; and (d) to install, at angle tints of the overhead facilities, guy wires and anchors outside of said easement area. The center line of the facilities tall be the center line of said easement area. PEC shall not install facilities outside of said easement area without )twining another EASEMENT,except for those facilities that may be installed as set forth in item (d)above. TO HAVE AND TO HOLD said rights, privilege, and casement unto PEC, its successors and assigns, forever. IN ITNESS WHEREOF, GRANTOR has caused this EASEMENT to be signed by its duly authorized officials and its official al to be hereunto affixed,pursuant to a resolution of its governing body,as of the date first above written. PENDER COUNTY .. r? r/2 800K 1882 PAGE 334 ,And the Grantor c i a with the Grantee, i[?ir4t4tur is seized of the premises in fee simple, the ri hi�Gfditrh..,�ads'a' in fee simple, that title is marketable and free \in' twines, and that Grantor will warrant and defend € n� {t��q "t wful claims of all persons whomsoever except for the excel t�JJb-11 rein ter statedVAX"P Y . Title to the property hereinaleVt46t rsA . is subject to the following exceptions: 1{i-,2 / 1. Restrictions attached as Exhibit A�Sland incorporated herein by refeteuve. 2. Ad valorem taxesAfor the year 20O2. 3. Routine utility casements and highway rights of way. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorised officers and its seal to be hereunto affieed by authority of its Board of Directors, the day and year first above written. !SEAL) R ert Ti thy N 'ght 1 (.-=AL} Patricia R6nc Wright 1 STATE OF NORTH CAROLINA COUNTY OF,'rr'PeritlFr I, .YIiMI�Pt� L f1f� f.C, a Notary Public in and for the aforesaid county and State, do ereby certify that Robert Timothy Wright and Patricia Anne Wright personally appeared before me this day and acknowledged the due execution of the foregoing instrument. �Q{� Witness my hand and notarial seal this the fir. day of March, 20O2. t wistaln%4,r 4.4i . \p Notary public✓ .Z '�ypTACay` `�20Q,`—i L ; I`ly.Ceemtss]onixpires: .6- Is-- ?,.�� , w a 1T r.../ 4 1 f{Y1dij$ , Notary PUDl ie, 7ne foregoing card c 'Cll't N '44'sali;two... pr,(:,_; . , ,._::..-.1 CAY is eertiiied to be c '_r'7 J•'t+.eh! is "re and t iA 4 �,Rme duly registered at the date and tins and in the J "''\E 4-- ayfi!l';'y�he firsts > 4W4.L �.. u17f a'S"S?.,-. JOYCE M. SWICEG00D r- y;at.r, ,tee ey + Ct riltz.t.L.AC.l 1.. neputyrasu4f L r:lanonaa\AHANDA\Deeds 1n02}eriuht.ac.en Worth Carolina aae.ral Weetah y Dead prodded by atbaesteiw A latn.iaa, Dag. 2 of 6 Attorneys at Law SFNDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY IN Complete items 1,2,and 3.Also complete A. Sign. ure 1 item 4 if Restricted Delivery is desired. X �� CI Agent • Print your name and address on the reverse i`Ir ❑Addressee so that we can return the card to you. • Attach this card to the back of the mailpiece, C r- eived by(Printe.Name) Date of Delive or on the front if space permits. (J Qr1l.0 h 1 -n- 01 1. Article Addressed to: D. Is delivery address different from it- 1? ElYes If YES,enter delivery address below: ElNo 1ewcoa C4ve. t.<714 p o, 30,c 66-6 wf4e1Qc2.B %6 3. S ice Type ru Certified Mail 0 Express Mail ❑ eglstered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7006 2760 0003 3524 3266 (Transfer from service labe Domestic Return Receipt 702595-02-M-1540 PS Form 3811, February 2004 SENDER:COMPLETE THIS SECTION ■ Complete items 1,2, COMPLETE THIS SECTION ON DELIVERY item 4 if Restricted Delivery is idesiredplete A. SiAnatpre ■ Print your name and address on the reverse X r � so that we can return the card toi`' /LK • Attach this card to the back of the you. 6-1,,,,, Agent or on the front ifs mailpiece, p• Received by(pri,tedNam) �.... • Addressee pace permits. ` //I e �te of�w 1. Article Addressed to: � ( - re/7� D. Is delivery address different from it:m 1? 0 Yes 'Ly--��5 1 1e� If YES,enter delivery address below: 0 No r, ` 1 / I7027 F- ir„ukr 3, or m, N C 2 o3 3. S Cice Type ertd Mail Express (3Registeifiered ClInsu ❑❑Retum ReceiptMail for Merchandise Insured Mail 0 C.O.D. 2. Article Number 4. Restricted Delivery? (Transfer from service label) 7006 7�7 ry (gym Fee) 0 Yes PSFn7, --- 1y Cr6Q 0003 �SaL� 1� SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X Z Sal 0 Agent • Print your name and address on the reverse so that we can return the card to you. — ❑Addressee • Attach this card to the back of the mailpiece, B�" eived by(Gkinted Name) C. Date of Delivery or on the front if space permits. y -� _v� 1. Article Addressed to: D. Is delivery addre different from item 1? 0 Yes �a/ If YES,enter delivery address below: 0 No t.rtua G10 rr 3? RIJe4 /o�.ci WG((6.4 ) NC 2-01/66 3. SeviceType Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7006 2760 0003 3524 3242 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. SigrYa ire item 4 if Restricted Delivery is desired. !` �c, 0 Agent • ■ Print your name and address on the reverse X, eL so that we can return the card to you. ' ) ❑Addressee ,7 ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C D of l ljv or on the front if space permits. �I ��J l /— (/JJ 1. Article Addressed to: D. Is delivery address different m item 1? 0 Yes r If YES,enter delivery address below: ❑ No M r, N dot 1 C r W Il l i(5—(646 r:, 100 , 5( --5c( (outtrAiji NC -291/ . 3.Service Type ertified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7nnr _--