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HomeMy WebLinkAbout20211687 Ver 1_Sketch_20211120Duke Energy Excavation Permit Application Form FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $_ Security Deposit $ Check # Date Recv'd Initialls� 1 Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Dat4u 7-Li Z i Initials B l a Date Final Protection/Avoidance Area Markings Field - Verified Initials Approved to Start Work By * : Date (Print) (Sign) Date Completion Required Date of Any Approved Extension Initials Date Passed Closeout Inspection* Initials Any Stop Work Orders or SMG Violations*? (check one) ❑Yes ONo (If Yes, explain in PART V) Date Deposit Refunded Initials Date Permit Database Updated Initials * Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work Orders with application Part I. Applicant Information (Please Print) Name Tammy Bridges Telephone 336-706-2854 Email address: tammy@puritilabs.com Lake Address 117 Upper Lake Place Statesville, NC 28677 Mailing Address (if different) 130 Lake Top Lane Statesville, NC 28677 Contractor Company CBC Stone & Recycling, LLC Contractor Contact Person Janice Estep Telephone 704-660-5111 Contractor Email Address: info@cbcstoneandrecycling.com LAKE LOT INFORMATION Lake Norman County Iredell city Statesville State NC Tax Map No. Subdivision Upper Lake Place Lot / Section No. New Lot 1 Lot Size 2.261 Acres BRA# LOOIlI B5oa Duke Energy Page 4 of 13 rev 10/1/2019 Excavation Program Duke EnerQv Excavation Permit Aunlication Form Are there any Co -Applicants*? (check one) ❑Yes ®No (If Yes, include names, street addresses or lot numbers, pier numbers, phone numbers, and email addresses in Part V — Additional Information) * Co -Applicants exist when the proposed work is being done under a single application, will be performed by a single contractor as one continuous project, and is done to benefit multiple owners / lease holders of Project -front properties within a single development. There can be no more than 4 co -applicants in addition to the lead applicant on any application. Do not continue the application until an on -site inspection has been conducted between a Duke Energy Lake Representative and the applicant and/or the excavation contractor. NOTE: Initialling this portion of the application by a Lake Representative in no way constitutes approval or eminent approval of the excavation or any other lake use permitting activity. Date of on -site inspection 10 Z Q Zt Initials (Duke Energy) �Y_a (applicant/contractor) Duke Energy Page 5 of 13 rev 10/1/2019 Excavation Program Duke EnerQv Excavation Permit Application Form Part II. Description of Project A. Basic Information l . Type of excavation: (check one) D New excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) ❑ Water Intake Channel ❑ Other (specify): Lake user category: (check one) ❑Commercial Marina ❑Other (specify): D Boat Access Channel ❑ Wastewater Discharge Channel DPrivate ❑Residential Marina []Public 4. Max. Excavation Area Dimensions (ft): Length 80' Width 80' Depth 3' (Note: include additional area dimensions if necessary so response to #5 below equals max. area dimensions in #4) LlU X 3t7' 1C 3' u " Channe 1 = l33 33 CI 300 x 30' X 3C1nannel k-(D rnouffi WOO e , 5. Volume of Excavated Material (TOTAL for the project): 1844.44 Cubic yards 6. Type of material removed (applicant determines by field sample if practical): Dirt/Silt 7. Excavation Site area: 1.885 Acre (s) Disposal Site area: 101.18 Acre(s) Total Disturbed Area (including equipment staging area): 1.896 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) ✓ I'es Jo 10. Do you claim title to the disposal area? (check one) ❑Yes ✓ No 11. Do you claim title to the equipment staging area? (check one) DYes vo 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) Yes ✓ Jo (If Yes, spec): 13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached erosion control plan and disposal area design): Dredge by barge, haul material off by land and take to disposal site located at 1025 Lewis Ferry Rd. Statesville, NC 28677. Duke Energy Page 6 of 13 rev 10/1/2019 Excavation Program Duke EnerQv Excavation Permit Annlication Form 14. Type(s) of excavation equipment to be used: Long Reach Excavator, Dump Trucks 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) [OYes ❑No (If yes, explain) By barge 16. Will return water re-enter the reservoir? (Check one) OYes IONo ❑N/A (If Yes, specify point(s) of re-entry and show on Excavation Area Drawing) 17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the excavation? OYes 6ZNo (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Kermit # for new dock 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START 7 / 22 FINISH 7 / 22 (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 10/1/2019 Excavation Program § \ \ M R G $ o x o ,. ; M ��% m P R k§ /■ \ 4CD / z`� 0) § ƒ \ ® t CD q = 9 q ems\® / / CD ( \ & n c e t 0 \ \ \\ \2 ƒ , 5 0 CD\ 2 � 7 / \ & \ Em a x C) � � k 2 2 2 2 00 2 �Q _ �C)7 7 0-0 ■ M� 7 �7 _ � & g m CD M « / / - k c £ � » 7 � L. m r, W O cD CD c t7 n O 0 CD CD q 0 0 Q CD N O CD�D o ¢ o��r* o � � cP O CD � O o � rn n• CCD p gd f CD N n (iQ O CD o � a b oCD� o o t17 uo CD CD ti a ' m o CD o FU � N z D a d� 0 C7 0 iZ. rb x 0 k Duke Enerav Excavation Permit�eation Form C. Applicant's Signatures r'J L��z �: L ��@��� �e.'issrno-n Comments: � et9�bv r s " �1J �J l aU 0 ? pe.Y Lo,k ie.-'�)r, SI oMesv-�lle, kc- 380 i OL Chorles ' a���c�� We.kSS I Oq Tiope I, hiss lid 5�r A -es v,kt le, NC a 6 U -7 Applicant Name (print) &-%At � r p� G Applicant Signature* Date C o! � 1 Co -Applicant Name (print) Co -Applicant Signature` Co -Applicant Name (print) Co -Applicant Signature* Date Date Co -Applicant Name (print) Co -Applicant Signature* Date Co -Applicant Name (print) Co -Applicant Signature* Date *Per my signature, the information provided in this application is correct to the best of my knowledge. Duke Energy Page 10 of 1 rev 1 D/t /�D 19 Excavation Program Excavation Project User's Agreement Letter (Please fill' the blanks. Please Print) Date TO: Duke Energy c/o Lake Services - EC12Q 526 S. Church Street Charlotte, NC 28202 RE: Excavation For (Subdivision and Lot # 's or Other Project Name) ets -d. # O 11'— 3SU a U (Lake/County/City) NO rp�r;, n J. (Applicant's full name) �n M (n ahereby agrees to comply with all recommendations, requirements and/ condifi s of Duke Energy, General Permit(s) (if applicable) and other federal, state and local agency requirements pertaining to the application to excavate for the purpose of a nP C L I 6na+ aCc PSS In addition, I/we have read and agree to comply with Duke Energy's current Shoreline Management Plan (SMP) or other applicable guidelines, much of which is repeated herein, and understand that written authorization must be obtained from Duke Energy prior to beginning any activity within the Federal Energy Regulatory Commission (FERC) project boundary or on Duke Energy property associated with a reservoir, collectively referred to as Project Boundary. The excavation will be completed as described in the approved application and within eighteen (18) months from the date of written approval by Duke Energy, unless specifically noted otherwise in the application or unless 1/we obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy_ I/we understand that if the SNP or other applicable guidelines or rules change during any extension period, I/we will be expected to comply with the new requirements to the maximum extent practicable. I/we also recognize that failure to complete the excavation within this build -out period will require the filing of a new application within the then - current SNIP or other applicable guidelines and the new application must include any applicable fees and security deposits. I/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project Boundary where the excavation activity is to take place, or if not the owner or lease holder, I/we have included proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the proposal within the Project Boundary adjacent to their land. I/we attest to be the owner(s) or lease holder(s) of the land that will be used for equipment staging and disposal of excavated material or if not the owner or lease holder, I/we have included proof of title to the property and written authorization from the owner(s) or lease holder(s) to carry out the work on their land. Duke Energy Page 1 g Rev: 4!6/2020 I/we understand that all excavation work must be done directly in front of my/our property and as specified in Duke Energy's approval. I/we also understand that access channels must run perpendicular to the shoreline while within the third of the cove area that is nearest my/our property. I/we understand that for proposed excavations, I/we must notify the appropriate local, state and federal agencies in advance of the activity by sending them a completed copy of Duke Energy's Excavation Permit Application Form and other required information. I/we understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before I/we submit the final application to Duke Energy, At FERC-licensed reservoirs, I/we understand that except for maintenance excavations, any excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline stabilization work needed to support an application that requires FERC review does itself require specific review and approval by the FERC before Duke Energy can issue any approvals. I/we agree that unless specifically approved otherwise in the application, explosives will not be used as part of this excavation activity. Uwe understand that every reasonable effort must be made to minimize any adverse impact on fish, wildlife and other natural resources. I/we understand that applicants in South Carolina proposing excavations that are not covered under the General Permit, or are greater than 150 cubic yards, must receive prior written authorization from the South Carolina Department of Health and Environmental Control (SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed application to Duke Energy. I/we agree that excavation activities will not occur during the months of March, April, May and June because of the potential impacts to fish spawning areas. I/we understand that trees and vegetation growing within or adjoining the lake play an important role in its overall environmental condition, and the ecological benefit the vegetation has on fish and wildlife habitat directly supports a sound and healthy lake environment. I/we also understand that unauthorized removal of shoreline vegetation (e.g. button bushes, willows, cattails, etc.) and/or disturbance of the shoreline buffer may result in suspension or denial of lake use permitting requests, forfeiture of security deposits and require re-establishment of vegetation at my/our expense, particularly if the disturbance is found to be in violation of state or local ordinances or impacts FERC project buffers. I/we agree all excavated material will be placed in upland areas, landward of the Project Boundary, and confined to prevent erosion and sedimentation back into the lake or nearby streams. Duke Energy Page 2 g Rev: 4/6/2020 Uwe agree to adequately stabilize all excavated material and all disturbed shoreline to prevent erosion and runoff into the lake. 1/we understand that the double handling of excavated material will not be allowed; therefore, all excavated material must be placed above the Project Boundary in one handling. Uwe have designed the hydraulic excavation process (i, f any will be used) so that return water re- enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. 1/we agree that the proposed excavation will not be for the purpose of creating additional shoreline, will not alter the Project Boundary or the full pond contour, and will not impact threatened or endangered species, historic properties, or environmentally -important areas, unless special public entity provisions were made in the application. I/we recognize that it is my/our responsibility to clearly locate in the field and label on my/our work area drawings any areas that require specific protection or avoidance during this excavation work. Examples of these protection/avoidance areas include but are not limited to, any Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke Energy; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas, water, sewer, electric or communications lines. 1/we agree to provide my/our contractor with a copy of these work area drawings showing these areas to stress the necessary protection measures. Uwe agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are discovered during the excavation, work shall be halted immediately. Uwe will then notify Duke Energy and the State Historic Preservation Office to determine what measures, if any, I/we must pursue to protect or salvage the archaeological resources. I/we agree that any excavation from within the Project Boundary will not exceed the volume as outlined in the application and will remove and disturb only what is absolutely necessary to achieve the project's stated purpose. Uwe agree to be fully responsible for the permitted lake use and I/we understand that this responsibility is considered to transfer automatically along with ownership and leases of the adjoining tract. Uwe understand Duke Energy representatives may issue Stop Work Directives for violations of the SMP or other applicable guidelines and other consequences may result from such violations, including but not limited to suspension or cancellation of approved permits, increases in fees, modification or removal of non -complying structures and restoration of disturbed areas at my/our own expense or loss of any consideration for future lake use permits. Uwe agree to immediately comply with any Stop Work Directives, to fully cooperate with Duke Energy and other agencies as necessary, and to perform the necessary remedial actions within the specified time frame. Duke Energy Page 3 Rev: 4/6/2020 Type: CONSOLIDATED REAL PROPERTY Recorded: 6/18/2021 2:26:30 PM Fee Amt: $1,026.00 Page 1 of 3 Revenue Tax: $1,000.00 Iredell County, NC Maureen P. Purcell Register of Deeds BK 2823 PG 2114 - 2116 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: 1,000.00 rarcel Identitier No Verified by County on the day of By- Mail/Box to: This instrument was prepared by: Alan G . Carpen cr , Attorney at Law _ Brief description for the Index: THIS DEED made this_ 14th day of June , 2021 by and between GRANTOR Bobby D. Pope and wife, Margie B. Pope `t (OLAM� PYlyp- %a�fsu ►kVel �)C IMOI GRANTEE Tammy D. Bridges Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Township, Iredell County, North Carolina and more particularly described as follows: See Exhibit A, attached. The property hereinabove described was acquired by Grantor by instrument recorded in Book page All or a portion of the property herein conveyed —includes or —X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book— _ page NC Bar Association Form No. 3 0 Revised 7/2013 Page I of 2 This standard form has been approved jointly by: Printed by Agreement with the NC Bar Association North Carolina Bar Association — NC Bar Norm No. 3 Page Count: �f North Carolina Association of Realtors, Inc. - Standard Form 3 NS P(Q St R.O. T. C. TO HAVE AND TO HOLD the aforesaid Iot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Easements, rights of way and restrictions of record, if any. IN WITNESS WHEREOF, the Grantor has duly executed the (Entity Name) By: Title: By. Title: By- Title: ing as of t1A day and year first above written. State of North Carolina _- County or City of Ire tell .:/ (SEAL) D . P pe 90;x�� Q bl. (SEAL) A. Pope (SEAL) (SEAL) 1, the undersigned Notary Public of the County or City of _Iredell and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 14th day of .tune 2021 . My Commission Expires: 5 j;uelaoa4 & (Affix Seal) OL MM Notary Public Printed Name: KUNM 8. HOLM E5 KENNETH Be.H��e Notary's Printed or Typed Name State of . 1, the of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of . My Commission Expires: (Affix Seal) Notary Public Notary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that ---he is the of , a North Carolina or corporation/limited liability company/general partnership /limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, —he signed the foregoing instrument in its name on its behalfas its act and deed. Witness my hand and Notarial stamp or seal, this day of , My Commission Expires: (Affix Seal) NC Bar Association Form No. 3 ® Revised 7/2013 Printed by Agreement with the NC Bar Association Notary Public Notary's Printed or Typed Name Page 2 of 2 This standard form has been approved jointly by: North Carolina Bar Association — NC Bar Form No. 3 North Carolina Association of Realtors, Inc. - Standard Form 3 EXHIBIT A: Tract I: Iredell County PIN: 4701-77-8542 Being Lot No. 2 of "Minor Subdivision of Upper Lake Place" as the same is depicted in Plat Book 40, page 5, Iredell County Registry, which Lot consists of the original Lot No. 2 of the "David S. Clarke Property" as platted in Plat Book 23, page 75, and then modified by the deeds recorded in Deed Book 1676, page 229 and Deed Book 1676, page 232, and further modified by the portion of Lot 2 added to Lot No. 8 of "Minor Subdivision of Upper Lake Place." Tract II: Iredell County PIN: 4701-77-8420 Being Lot No. 8 of "Minor Subdivision of Upper Lake Place" as the same is platted in Plat Book 40, page 5, Iredell County Registry, Saving and Excepting the portion thereof described as Lot No. 12 of the "Revision of Upper Lake Place Lot 9" as platted in Plat Book 65, page 138, Iredell County Registry. Tract III: Iredell County PIN: 4701-77-6772 Being Lot No. 9 of "Minor Subdivision of Upper Lake Place" as the same is platted in Plat Book 40, page 5, Iredell County Registry, Saving and Excepting the portion thereof described as Lot No. 12 of the "Revision of Upper Lake Place Lot 9" as platted in Plat Book 65, page 138, Iredell County Registry. The parties have agreed that the drive for access shall be constructed by Tammy D. Bridges as a connection to Upper Lake Drive, as the same is shown in Plat Book 65, page 138, and that no fencing will constructed along the margin of the lot with PIN No. 4701-77-8542 for a distance of 150 feet from the shore line of Lake Norman, it being the intent of the parties that Bobby D. Pope and Margie B. Pope shall have an unobstructed view of Lake Norman from their retained property at 208 Canal Drive. Uwe agree to develop any required mitigation plans and to complete any required mitigation activities at my/our own expense within the specified time frames. hive recognize that the excavation work is not considered complete and deposits will not be refunded until the mitigation requirements (if any) have been satisfactorily fulfilled. I/we agree to notify Duke Energy by phone when the excavation is initiated and to ensure that during the excavation period, Uwe will post Duke Energy's qpproval letter in a clear wate roof bag at the job site and visible from the water's edge. I/we agree to notify Duke Energy in writing when the excavation is completed (including any required mitigation measures) and that the excavation was completed per the approved application, so a close-out inspection can be performed. I/we recognize security deposits will not be refunded if any violations of the SNP, other applicable guidelines, or this user's agreement occur. I/we understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. Ave agree to maintain the work area in a safe condition and to fully indemnify and save Duke Energy harmless from any and all claims, liability, loss or damage that may arise from this excavation project. I/we understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that my/Darr use and enjoyment of FERC project and Duke Energy lands and waters shall not hinder the general public's lawful use and enjoyment of the same. Sincerely, Apf�pl a is ame (Pr?n� Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Name (Print) Co -Applicant's Signature Co -Applicant's Signature Co -Applicant's Signature D.keU <s, Page 4 Rer 416/2020