HomeMy WebLinkAbout20060581 Ver 2_Meeting Request Review_20210127ID#* 20060581
Version* 2
Regional Office* Asheville Regional Office - (828) 296-4500
Reviewer List* Amy Annino
Pre -Filing Meeting Request submitted 1/27/2021
Contact Name * Christopher C. Dremann
Contact Email Address* cdremann@charter.net
Project Name* Shoreline Stabilization 4712 Crystal Cove PI Hickory NC 28601
Project Owner* Christopher C. Dremann
Project County* Caldwell
Owner Address: Street Address
18 Mallard Court
Address Line 2
aty
State / Province / Region
Granite Falls
NC
Postal/Zip Code
Country
28630
United States
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
r- 401 Water Quality Certification - F- 401 Water Quality Certification -
Regular Express
r- Individual Permit r- Modification
W Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
Do you know the name of the staff member you would like to request a meeting with?
No
Please give a brief project description below.
This is a Pre -Filing Meeting Request for a rip -rap (rock) shoreline
stabilization project to be completed along the shoreline at 4712 Crystal
Cove PL., Hickory, NC, 28601 on Lot 39, Phase III of Crystal Falls
subdivision.
Please give a couple of dates you are available for a meeting.
1 /29/2021
2/1 /2021
2/5/2021
2/10/2021
2/12/2021
Please attach the documentation you would like to have the meeting about.
constructionapp-shoreline.pdf 788.29KB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 1/27/2021
Reviewer Meeting Request Decision
Has a meeting been scheduled?* U Yes U No
DUKE ENERGY INTERNAL USE ONLY Lake Permit DUKE
Date Received App Fee Amt Application ENERGY.
version 20c
Site ID HEP Fee
Duke Energy Lake Services
Mail Code EC12Q
526 S. Church St.
Charlotte, NC 28202
I. APPLICANT / PROPERTY OWNER INFORMATION (property owner mailing address and contact information)
Name* lChristopher C. Dremann Primary Phone* 828-238-3791
Address* 18 Mallard Court Secondary Phone
City* Granite Falls State* NC Zip Code 28630
Email Cdremann@charter.net
II. LAKE PROPERTY INFORMATION (location of permit)
Is there an existing dock or other facilities ❑ Yes If yes, include Dock Tag #. If tag
along the shoreline property or over the Lake? ❑✓ No cannot be located, note that here.
Address* 4712 Crystal Cove PI County* Caldwell
City* JHiCkory = State* KIZip Code* 128601 Lake* JHiCkory
Subdivision Crystal Falls Lots) 39 Phase III
Latitude and longitude of the property. Please use a service/software to acquire the location information. Values should be provided
in Decimal Degrees format (35.1245). Latitude (e.g. 35.12345)* 135.810569
Example service: http://getiationg.net/ Longitude (e.g.-80.12345)*-81.33747
III. PROPOSED ACTIVITY (check all that apply)
❑ New/Modification of Existing Structure ❑ Maintenance of Existing Structure
✓❑ New/Modification of Existing Shoreline Stabilization ❑ Maintenance of Existing Shoreline Stabilization
❑Transfer of Ownership (check box if you want a copy ❑ Other (Describe below. If the activity involves an irrigation
of permitting history ❑ ) withdrawal, include the pump capacity.)
Structure size Is dock covered? ❑ Yes ❑ No Number of slips
(square feet) Is structure a
common use dock? ❑Yes* ❑ No Number of jetports
*If yes, see special note in Section VII
Shoreline Stabilization Length of A rox 140
pp Distance from shoreline (feet) 10-3
stabilization (feet)
Brief Description of
the Activity
Describe briefly the
existing structures
over land and water
(include sq ft)
Materials
Rip -rap (rock)
Install rip -rap (rock) along shoreline to stabilize against boat wash and variable
lake water levels.
No existing structures.
IV. Additional Requirements (Include with application; limit document sizes to 11 "x 17" or smaller)
You must include the following items with your application (unless specifically excluded for your application type).
Survey stamped/signed by a professional licensed surveyor
showing the location of the existing or proposed structure
and/or survey of the existing or proposed stabilization (not
required for transfer)
❑✓ (check only, payable to Duke Energy)
❑✓ Signed User's Agreement Letter
Habitat Enhancement Program payment (required only for
❑ New/Modified structures at Catawba-Wateree and
lakes and shoreline stabilization at
Keowee-Toxaway)
on Processing .
Plan and profile drawing showing all measurements,
❑elevations, and irrigation line routing (not required for
transfer or shoreline stabilization)
Local and state permits (contact your county for all
❑structure applications in NC, Tega Cay, SC; Kershaw County,
✓ SC; NCDWR approval required for shoreline stabilization in
NC; not required for other applications)
• Application is reviewed and determined if complete. Fields with an asterisk are required.
• If application is not complete or does not include all items and information listed in the checklist, the application
will be returned as incomplete.
• A Duke Energy representative will visit the site to conduct a visual inspection.
• Applicant/Property Owner will be notified of approval or denial, typically via email.
VI. Directions by Road
Directions by Koad�
=rom Hickory NC: North Center Street (127) (N) turn L onto Shiloh Church (W) turn L onto Wildlife Acess
Rd (W) continue on Hubbard Rd (1143) (W) continue on Icard Dam Rd (W) turn L onto Crystall Falls Ave
;S) turn R onto Rio Del Luna (S) turn L onto Crystal Cove PI
Gate Code
VII. Application Submission
Please complete, print and sign this application. Then enclose all items required per Section IV above and submit to the
address below.
Duke Energy Lake Services
Mail Code EC12Q
526 S. Church St.
Charlotte, NC 28202
I agree the information contained within is accurate:
Property Owner Signature
Common Use Dock Co -Owner Signature(s) and Information (all owners of common use docks must submit a signed
User's Agreement and application fee) Attach additional sheets if there are more co -owners
Name
Address Signature
Name
Address Signature
DUKE ENERGY PRIVATE FACILITIES
"APPLICANT'S USER AGREEMENT"
(Fill in blanks with required information. Please Print)
Date January 29, 2021
TO: Duke Energy
c/o Lake Services - EC 12Q
526 S. Church Street
Charlotte, NC 28202
RE: (Lake Name) Hickory
(Lake Address) 14712 Crystal Cove PI
Hickory = NC 28601
(Applicant's full name) Christopher C. Dremann hereby
agrees to comply with all requirements and conditions set forth by Duke Energy Lake Services
("Duke Energy"), and any federal, state or local agencies pertaining to my/our application to
construct and/or maintain a shoreline stabilization
(collectivel I the "Facility" and together
with the right to use any Facility the "Permitted Use") on Lake IHickory ("Lake").
In addition, I/we have read and agree to comply with Duke Energy's applicable shoreline or lake
guidelines (collectively, the "Guidelines") and understand that written authorization must be
obtained from Duke Energy prior to beginning any activity or construction, including changes to
land form such as grading, excavation, or filling, within the area subject to the Guidelines.
Approval of the Permitted Use is granted and maintained solely at Duke Energy's discretion. I/we
understand the Permitted Use may be revoked at any time by Duke Energy or its successors for
any reason whatsoever. If the approval is revoked, I/we agree to remove the Facility at my/our
own expense within the specified timeframe set by Duke Energy.
I/we will complete construction approved as a result of my/our application as described in the
approved application and within twelve (12) months following the date of approval by Duke
Energy. Failure to complete construction within the 12-month build -out period or any Duke
Energy approved extension will require me/us to file a new application that complies with the then -
current Guidelines. I/we agree to notify Duke Energy when construction is completed and during
the construction period, I/we will post the Duke Energy approval provided by Duke Energy at the
job site visible from the Lake.
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I/we attest to be the owner or leaseholder of the tract of land immediately adjoining the area subject
to the Guidelines where the Facility is to be constructed. I/we understand the physical location of
my/our lot in relation to the common property line with Duke Energy (if any), the Federal Energy
Regulatory Commission ("FERC") or non-FERC Project Boundary (as applicable), and all deeded
flood easements.
I/we understand the Lake was constructed as a working reservoir for the primary purpose of
producing cost-effective electric energy and that this remains the Lake's primary purpose. There
will be no change in reservoir operations as a result of the construction or use of my/our Facility.
I/we acknowledge Duke Energy provides no guarantee of any specific quantities or quality of water
in the Lake. I/we understand Lake levels will rise and fall over time in response to weather events
and reservoir operations and Duke Energy does not guarantee the Facility or Lake will have
sufficient water depth to be accessible by boat or for other water -related activities or uses.
Furthermore, I/we understand that the approval of my/our Facility is for compliance with the
Guidelines and other Duke Energy documents related to the Permitted Use and is not a statement
by Duke Energy that the Facility is acceptable to any other governing body (i.e. a local land use
agencies), nor that the Facility will withstand any wear and tear; weather events; or reservoir
operations.
I/we understand during drought conditions Duke Energy may request reduced usage or
discontinued usage of any water withdrawal or related systems, until such drought conditions
improve. Failure to do so may cause possible removal of the system or any other Facility that I/we
may have. The costs associated with removal of any Facility or non -permitted improvement will
be assessed to the lot owner.
I/we understand the Facility to be installed and maintained are my/our property and I/we therefore
agree to be fully responsible for the Facility including maintaining the Facility in good repair. If
the Facility is deemed by Duke Energy to be unsafe or non -compliant with the Guidelines, I/we
agree to repair or remove the Facility at my/our own expense and within the specified timeframe
set by Duke Energy.
I/we understand I/we may need to obtain approvals from other entities including, but not
necessarily limited to, governmental agencies, quasi -regulatory agencies, homeowners'
associations, and others to authorize my/our Facility or Permitted Use.
I/we understand ownership/interest in a Common Use Facility or residential marina eliminates the
option of having a separate private facility on my/our owned or leased lot within the affected
subdivision.
I/we understand lake use permit holders have the authority to take reasonable and legal steps to
prevent others from trespassing on the Facility. I/we also understand, however, that I/we do not
have any authority to impede anyone from pursuing lawful public recreation or enjoyment of lands
and waters subject to the Guidelines. Except as specified otherwise in the Guidelines, other Duke
Energy documents (e.g. Public Safety Plans), or a separate lease agreement, public recreation and
enjoyment includes, but is not limited to, fishing around/under facilities built by others,
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walking/wading/fishing within the area subject to the Guidelines, and boating in the Lake's waters
without having to get anyone's permission to do so.
I/we understand Duke Energy approval of the Permitted Use in no way constitutes assignment of
any interest in real property Duke Energy may have (i.e. land rights).
I/we agree to exercise all care and due diligence to preserve and maintain the character of the area
subject to the Guidelines. Uwe agree to comply with the Duke Energy vegetation management
requirements as stated in the Guidelines. I/we agree further to not allow sewage, including
discharge from septic tanks (or similar facilities) or boat holding tanks, garbage, trash, or other
waste material to be discharged or dumped into the reservoir, tributaries or property subject to the
Guidelines.
I/we understand the Facility shall be used only for the purposes described in the information
submitted to Duke Energy and other appropriate governing bodies for approval. I/we agree the
Duke Energy property and the land subject to the Guidelines shall be used exclusively for non-
commercial recreational purposes and that I/we shall not rent or otherwise allow third parties
(except for temporary use by guests, family members, and leaseholders of the residential property)
to use the Facility.
I/we acknowledge I/we are responsible for the locating of any submerged utility lines extending
from my/our upland property into the reservoir and ensuring the construction and operation of
my/our Facility avoids adverse effects to said submerged utility lines.
I/we understand trees and vegetation growing within the area subject to the Guidelines play an
important role in the overall environmental condition of the Lake. The ecological benefit the
vegetation has on the fish and wildlife habitat supports a sound and healthy Lake environment.
I/we also understand unauthorized removal of shoreline vegetation or the disturbance of the
shoreline buffer is not permitted. Unauthorized removal or disturbance may result in the
permanent revocation or temporary suspension or denial of lake use permitting requests for me/us
as well as future owners and lease holders. If the removal or disturbance is found to be in violation
of the state or county watershed buffer regulations or Duke Energy's vegetation management
requirements as stated in the Guidelines, I/we may be required by Duke Energy to re-establish the
vegetation.
I/we understand every reasonable effort must be made to minimize adverse impacts on fish,
wildlife, and other natural resources. I/we agree to maintain any prescribed mitigation activities
that are required in order to gain approval for Facility construction, as long as the Facility exists.
I/we agree that if any historic or archaeological resources are discovered during construction of a
Facility I/we must stop work immediately and contact Duke Energy. I/we understand that in the
event that anyone discovers a potential site of archaeological or historic significance (whether
during construction or not) including any gravesite within the area subject to the Guidelines, the
individual must immediately notify Duke Energy.
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I/we acknowledge Duke Energy has the right to charge reasonable user's fees for private use of
the area subject to the Guidelines and failure to pay any applicable user's fees in a timely manner
can result in the suspension or cancellation of any previously approved lake use permit.
I/we understand Duke Energy representatives may issue Stop Work Directives for any violation(s)
of the Guidelines or engagement in prohibited acts or activities as specifically identified in the
Guidelines. I/we understand persons found to be in violation will be subject to Duke Energy
sanctions which can include, but are not necessarily limited to: 1) restoration of the impacted area
at the person's expense; 2) loss of consideration of future lake use permitting activities for me/us
as well as future owners and lease holders; 3) permanent revocation or temporary suspension of a
previously issued permit for me/us as well as for future owners and lease holders; 4) increase in
fees; 5) modification or removal of non -complying facilities; and/or 6) further legal action being
taken by Duke Energy.
I/we agree to comply with all applicable FERC orders (as modified or interpreted by FERC), with
all other applicable FERC Rules and Regulations implemented by Duke Energy, and with all rules
or regulations imposed on Duke Energy by any governmental agency. I/we agree not to allow any
use of Duke Energy's property, and will exercise due care and diligence to prevent all other persons
that are affiliated with my/our property (including invitees, family members, guests, etc.), to
violate an applicable federal, state or local law or regulation. Examples include, but are not limited
to nudity, illegal discharge of firearms or fireworks, controlled substance abuse, public
drunkenness, public urination or defecation, or other activities determined to be a nuisance by law
enforcement officials.
I/we specifically waive any claim against Duke Energy for consequential damages arising out of
or relating to this application, Duke Energy's approval or denial of it, or subsequent revocation of
approval, and I/we specifically understand and acknowledge that, because Duke Energy can revoke
the permitted use at any time, I/we am/are not entitled to reliance damages.
I/we agree for myself/ourselves, members of my/our family, guests and invitees that I/we assume
all risks of personal injury or property damage incident to my/our occupancy and use of land owned
by Duke Energy or any land subject to the Guidelines, including, but not limited to, any personal
injury or property damage which may be sustained as a result of flood waters or in connection with
the rise and fall of water in the reservoir as a result of floods or of the operation of Duke Energy's
reservoirs. I/we as the adjoining property owner(s) further agree I/we will indemnify, protect,
defend, and save harmless Duke Energy from any and all loss, cost, claims damages, expenses,
judgments and causes of action for all injuries and damages sustained by the members of my/our
family, guests, and invitees arising or claimed to have arisen in connection with their occupancy
or use of the Facility(s).
I/we agree if any action is taken by Duke Energy to enforce any provision, covenant or agreement
contained in this user agreement or the Guidelines or if Duke Energy is required to retain an
attorney to enforce any provision, covenant or agreement contained in this user agreement or the
Guidelines (including, without limitation, the payment of fees due hereunder or the removal of an
encroachment constructed in violation of this user agreement or Guidelines), then Duke Energy
shall be entitled to recover all of its reasonable costs associated with such an action to the extent
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permitted by law, including but not limited to, attorneys' fees and court costs incurred in such
action and/or enforcement.
I/we agree to fully disclose all information regarding the Facility to any prospective
buyer/leaseholder of the property and any new owner/leaseholder. I/we agree to notify Duke
Energy immediately of any sale or transfer of the property, including the name and address of the
new owner and to transfer the permit or Duke Energy lease to the new owner.
Christopher C. Dremann
Applicant Name
712 Crystal Cove PI
Lake Street Address
Hickory I NC 1128601
City/State/Zip Code
828-238-3791
Preferred contact Phone Number
cdremann@charter.net
Email Address
Applicant Signature
18 Mallard Court
Home Mailing Address
Granite Falls 128630
City/State/Zip Code
Home Phone Number
Date
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