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HomeMy WebLinkAbout20221531 Ver 1_Sketch_20221102Duke Energy Excavation Permit Application Form FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit $ Check # Date Recv'd Initials Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Dater itials� 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 ❑No (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 Brian Bridgford, Surf the Lake Email address: brian@surfthelake.net Lake Address 151 Travis Point Dr. Mooresville, NC 28117 Telephone 704-929-6996 Mailing Address (f different) 821 Harvard Place Charlotte, NC 28207 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 Subdivision Travis Point City Mooresville Lot / Section No. 2 State NC Tax Map No. Lot Size 2.009 Acres Duke Energy Page 4 of 13 rev 11/22/21 Excavation Program Duke Energy Excavation Permit Application Form Security Deposit Refund Information The security deposit will be refunded after the excavation permit has expired if no violations of the approval occurred. The applicant will receive the security depost refund at the mailing address in Part I unless an alternative recipient is identified. Send the security deposit to an alternative recipient? (check one) ❑Yes 1ZNo (If Yes, include name and mailing address below. Name: Mailing Address: Tax ID: Are there any Co -Applicants*? (check one) ❑Yes FdNo (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 1� Initials (Duke Energy) _(I ti (applicant/contractor) Duke Energy Page 5 of 13 rev 11/22/21 Excavation Program Duke Enemy Excavation Permit Application Form Part II. Description of Project A. Basic Information 1. Type of excavation: (check one) ® New excavation ❑ Maintenance excavation 2. Purpose of excavation: (check one) ❑ Boat Access Channel ❑ Water Intake Channel ❑ Wastewater Discharge Channel 1Z Other (specify): new dock construction 3. Lake user category: (check one) ❑Commercial Marina ❑Other (specify): ®Private ❑Residential Marina ❑Public 4. Max. Excavation Area Dimensions (ft): Length 80' Width 70' Depth 4' (Note: include additional area dimensions if necessary so response to #5 below equals max. area dimensions in #4) 5. Volume of Excavated Material (TOTAL for the project): 829.62 6. Type of material removed (applicant determines by field sample f practical): Dirt/Silt Cubic yards 7. Excavation Site area: 0.514 Acre (s) Disposal Site area: 2.29 Acre (s) 8. Total Disturbed Area (including equipment staging area): 0.525 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) 1ZYes ONO 10. Do you claim title to the disposal area? (check one) ❑Yes ONO 11. Do you claim title to the equipment staging area? (check one) 1ZYes ONO 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes 1ZNo (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 through onsite access and take by dump truck to disposal site located at 638 Oakridge Farm Hwy. Mooresville, NC 28115 Duke Energy Page 6 of 13 rev 11/22/21 Excavation Program Duke Energy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: Long Reach Excavator, Dump Truck 15. Will waters or wetlands be crossed in transporting equipment to or from the site? (check one) 13Yes ONO (If yes, explain) By barge 16. Will return water re-enter the reservoir? (Check one) ❑Yes ONo ❑N/A (If Yes, speck 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? ❑Yes ®No (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Permit # new dock permit applied for by Brooke Foxcroft, Fox Docks 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START 2 / 23 FINISH 2 / 23 (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 11/22/21 Excavation Program ID (D 00 H� W o Cn d x a CD s ¢ (0 CD CD a Q �• CD ` CD O (DCD SOD (D CD CD �--' CD CD cn [�i� >CD I CD CD CD w CD CD (D n (, CD CD O O O O S! Z Z Z Z Z o u Z D D D D D m D Q CD Q S sii 0. SD�. � � O v � O d i d _O i rO x- y A� M o a� CD CD CD r o ft � n � • iv GL CD cr (TQ O Q.. t-11 \ \ & \r\r CD CD E \ \ § f \ 5 \ m B \ \2 = \ w , } 0 � e * § * IfD ] 2 2 $ / M \ \ ¢ § � & � / ƒ � ; E / » § � i � O� ƒ ( Duke Energy Excavation Permit Application Form C. Applicant's Signatures Comments: Neo�6cs ° 5Su r� ii)-P- Lc�,Ke. Mooresv-i 11e ,NC 3SO-1 Wcx�er�rvni Vo'C'O—) L.L-C- 1y1 1 rcxjiS n Dr. aAOOre-SU',>>t)'N C aS I» Applicant Name (print) 3 i 1 n)n C� C1E Applicant Signature* Date 1 U Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print) Co -Applicant Signature* Date Date Date Date *Per my signature, the information provided in this application is correct to the best of my knowledge. Duke Energy Page 10 of 13 rev 11/22/2021 Excavation Program Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date 10/13/22 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) Lot 2 Travis Point (Lake/County/City) Norman / Iredell / Mooresville (Applicant's full name) Brian Bridgford, Surf the Lake hereby agrees to comply with all recommendations, requirements and/or conditions 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 new dock construction 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 Uwe obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy. I/we understand that if the SMP 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. 1/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 SMP 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, 1/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, 1/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 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, 1/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. 1/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, Uwe understand that except for maintenance excavations, any excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline stabilization work needed to support an application that requires 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. I/we 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. 1/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. Uwe 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 Rev:4/6/2020 I/we 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 (if any will be used so that return water re- enters the lake in the same general vicinity and cove as the excavation, to the maximum extent practicable. Uwe agree that the proposed excavation will not be for the purpose of creating additional shoreline, will not alter the Project Boundary or the full pond contour, and will not impact threatened or endangered species, historic properties, or environmentally -important areas, unless special public entity provisions were made in the application. Uwe recognize that it is my/our responsibility to clearly locate in the field and label on my/our work area drawings any areas that require specific protection or avoidance during this excavation work. Examples of these protection/avoidance areas include but are not limited to, any Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke 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. I/we agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are discovered during the excavation, work shall be halted immediately. I/we 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. 1/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. I/we 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. I/we 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. I/we 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 Uwe agree to develop any required mitigation plans and to complete any required mitigation activities at naylour own expense within the specified time frames. 1/we recognize that the excavation work is not considered complete and deposits will not be refunded until the mitigation requirements (if any) have been satisfactorily fulfilled. 1/we agree to not& Duke Energy by phone when the excavation is initiated and to ensure that during the excavation period Five will post Duke Energy's approval letter in a clear waterproof 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. Uwe recognize security deposits will not be refunded if any violations of the STOP, other applicable guidelines, or this user's agreement occur. Uwe understand there will be no change in hydro project operations as a result of the excavation and/or utilization of the excavated area. Fvve 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. 1/we understand that this user's agreement does not, in any way, constitute the transfer of any rights in real property and that nayloin^ 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, Applicant's Name rint) Applicant's Signature Co -Applicant's Name (Print) Co -Applicant's Signature Co -Applicant's Name (Print) Co -Applicant's Signature Co -Applicant's Name (Print) &LApplicant's Signature Co -Applicant's Name (Print) Co -Applicant's Signature Duke Energy Page 4 Rev: 4/6/2020 Type: CONSOLIDATED REAL PROPERTY Recorded: 11/22/2016 1:31:08 PM Fee Amt: $3,376.00 Page 1 of 4 Revenue Tax: $3,350.00 Iredell County, NC Ronald N. Wyatt Register of Deeds BK 2459 PG 1086 - 1089 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax $ 3,350.00 Parcel No. 4645051686 Verified by Iredell by Mail after recording to County on the day Grantee Below 20 This instrument was prepared by The Terry Law Firm, PLLC/Ginger Kurtz Title Ins.: Investors Title 4421 Sharon Road, Suite 150 Charlotte, NC 28211 Insurance Company Brief description for the Index Lot 2 TRAVIS POINT MB 64, PG 138 11/LI/Iq,Dyan GRANTOR Travis and Travis Company, LLC a North Carolina limited liability company f/k/a Travis and Travis Company, a North Carolina limited partnership Mailing Address 631-300 Brawley School Road #218 Mooresville, NC 28117 GRANTEE Surf The Lake, LLC a North Carolina limited liability company Property Address: 151 Travis Point Drive Mooresville, NC 28117 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 or parcel of land or condominium unit situated in the City of Mooresville, Iredell County, North Carolina and more particularly described as follows: TRACT I: BEING all of Lot 2 TRAVIS POINT, as the same is shown on a map thereof recorded in Map Book 64, Page 138, Iredell County, North Carolina Public Registry, and containing 2.009 acres, more or less, as shown on a survey prepared by Don Allen & Associates P.A. dated November 11, 2016 TOGETHER WITH all of Grantor's right title and interest in the 40' access easement along Travis Point Drive as set out in Map Book 983, Page 481, and as depicted on a map recorded in Map Book 64, Page 138, and as depicted on the survey by Don Allen & Associates, P.A. dated November 11, 2016, attached hereto as Exhibit „A„ Book: 2459 Page: 1086 Page 1 of 4 ROTC If The following described Tract II is being quit claimed to the Grantee with no warranties or representations. The purpose of Tract II is to convey to the Grantee herein all of the Grantor's right, title and interest to the following property which was created out of Lake Norman by the erection of a seawall and fill appurtenant to Tract I (Lot 2) herein above mentioned. TRACT II: BEING all of that certain .046 acre, more or less, tract of land described as Area Above 760 Contour on that certain plat entitled TRAVIS POINT SUBDIVISION as recorded in Plat Book 64, Page 138, Iredell County Registry. All or a portion of the property herein conveyed ___ includes or _X- does not include the primary residence of the Grantor(s). The property hereinabove described was acquired by Grantor by instrument recorded in BOOK 983, PAGE 481. A map showing the above described property is recorded in Map Book 64, Page 138. TO HAVE AND TO HOLD the aforesaid lot 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: All such valid and enforceable easements, restrictions and rights of way of record and the lien of ad valorem taxes for the current year which the grantee herein assumes and agrees to pay. 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 authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. Tra is and Travis Co any, LL By : Travis M. Stewart (a/k/a Travis Stewart Nulton), Managing Member Book: 2459 Page: 1086 Page 2 of 4 State of North Carolina, County of Mecklenburg I, Virginia W. Kurtz, a Notary Public of the County and State aforesaid, certify that Travis M. Stewart (a/k/a Travis Stewart Nulton), either personally known to me or proven by satisfactory evidence, personally appeared before me this day and acknowledged that she is Manager of Travis and Travis Company, LLC a North Carolina limited liability company, and that she, as Manager, being authorized to do so, voluntarily executed the foregoing instrument on behalf of Travis and Travis Company, LLC for the purposes stated therein. Witness my hand and official stamp or seal, this 21 st _day of November, 2016. VIRGINIAW. KURTZ NOTARY PUBLIC Mecklenburg County, North Carolina Notary Public My Commission Expires: 1 2-4-201 7 Book: 2459 Page: 1086 Page 3 of 4