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HomeMy WebLinkAbout20230427 Ver 1_Sketch_20230323Duke Energy Excavation Permit Application Form FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit $ Check # Date Recv'd Initial'si Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Date 3lnitials " e` 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 Mathias Jonsson Telephone 704-928-7714 Email address: mionsson500a_gmail.com Lake Address 234 Clark Cove Rd. Statesville, NC 28677 Mailing Address (f different) same as lake address 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 .l_ Tax Map No. Subdivision Old Homestead 1 Lot / Section No. 3 Lot Size o.sos 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 ONo (If Yes, include name and mailing address below. Name: Mailing Address: Tax ID: Are there any Co -Applicants*? (check one) ❑Yes Olo (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 5 '7—Z Initials (Duke Energy) J 12' t (applicant/contractor) Duke Energy Page 5 of 13 rev I1/22/21 Excavation Program Duke Energy Excavation Permit Application Form Part II. Description of Project A. Basic Information 1. Type of excavation: (check one) 2. Purpose of excavation: (check one) ❑ Water Intake Channel ❑ Other (spec): 3. Lake user category: (check one) ❑Commercial Marina ❑Other (spec): ❑ New excavation 0 Maintenance excavation ® Boat Access Channel ❑ Wastewater Discharge Channel ®Private ❑Residential Marina ❑Public 4. Max. Excavation Area Dimensions (ft): Length 40' Width 20' Depth 4' (Note: include additional area dimensions if necessary so response to #5 below equals max. area dimensions in 94) 5. Volume of Excavated Material (TOTAL for the project): 118.51 Cubic yards 6. Type of material removed (applicant determines by field sample it practical): Dirt/Silt 7. Excavation Site area: 0.073 Acre (s) Disposal Site area: 2.29 Acre (s) 8. Total Disturbed Area (including equipment staging area): 0.084 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) OYes ❑No 10. Do you claim title to the disposal area? (check one) ❑Yes Iallo 11. Do you claim title to the equipment staging area? (check one) OYes ❑No 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes IZNo (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 out by land 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) OYes ❑No (If yes, explain) By barge 16. Will return water re-enter the reservoir? (Check one) ❑Yes ONo ❑N/A (If'Yes, sped 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? 1ZYes ❑No (If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed facility). Permit 4 13411 18. Total planned duration of the work (Include first equipment mobilization, excavation through final mitigation measures complete): START 7 / 23 FINISH 7 / 23 (Month) (Year) (Month) (Year) Duke Energy Page 7 of 13 rev 11/22/21 Excavation Program R It a a 00 0 �-n w �y t7 o x w x m N � CD " �o.CDeD � CD CD Q� CD ��� 0� m � a _ � " CD- � .0 . c� � CD ° ^*i oc Y � p a Q R °' a' b CD ¢CD CD �. IA � O o v a (D " C o =) d 9 o ((D lD -s x t fD d � x i.r d O ow i rO .7. eb It 19 A `3 fD m r o CD qQ ° CD CA o o C7 CD Es cl' ¢ CD 1 CD C O �s O CD p'i ~ � � o CD o w � o � � C o cra o � o- o � K � o x a C� dPD CD e� �d � N N O N � c Q- a: O � b o EP C-D CD CD0 CD 0 CD fl C UQ 3 ro '� ro `O r^ � 2f `t CD Z I� ro D D c ro ro �; m d °o x Y C 0 0 M A m 9 6/ 6 l _aoloafoad4xoq u l##/p/n/llew/woo-alboo6• l lew/l: sduU Duke Energy Excavation Permit Application Form C. Applicant's `Sicnarures Commcnis: 1AP-4N6 rs , `ale.\ G_Y � e- Jo n sso r) 3•av C w-VI Cove c1 1- 1 otick E \I� ' • c k'\ -P- w\ 11 yams j a 38 C.k r\'. Cave. 1� . .pplirattt Name fprinti Date r Co -Applicant Name (print) Co -Applicant Signature' __ Date Co -Applicant Name (print) Co -Applicant Signature* Co -Applicant Name (print Co -Applicant Signature* Batt Date Co -Applicant Name Co -Applicant Signature* Datc `per my signarure. the information provided in this application is correct to tha best orniv #:n:�wletiac. Duke Energy Y:xeUvaLiun Progf-w: pai-e iU of i «v ! ? 21' n1" 6adf•g ueag Nv 9ti:9 `EZ/£ 6/Z Excavation Project User's Agreement Letter (Please fill in the blanks. Please Print) Date 1/29/2023 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 3 Old Homestead 1 (Lake/County/City) Norman / Iredell / Statesville (Applicant's full name) Mathias Jonsson 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 boat access for dock In addition, Uwe 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 I/we obtain approval for a single, time extension (maximum of one year) in writing from Duke Energy. 1/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. Uwe 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, _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. 1/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 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, Uwe 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. Uwe understand that written authorization and/or other permits may be required by some of these agencies and such required authorizations must be obtained before Uwe 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. 1/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 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. I/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. I/we 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. I/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. I/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. 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. I/we agree to be fully responsible for the permitted lake use and Fwe 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. 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 2/13123, 6:46 AM Scan 4.jpeg lAve agree to develop any required mitigation plans and to complete any required mitigation activities at my/our own expense within the specified time frames, Ywe 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`ve auree to_notif�, Duke Energy by phone when the excavat"ton i initiated and to ensure that during the excavation Period, Ave vzli Rost Dub Enter 's_approval letter in a clearwatcrttroof lam; at thu job site an i visible from the water's ed�*e. L'we as to notify Duke Energy in writint= 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. 1/we recognize security deposits will not be refunded if any violations of the SNIP. 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 proiect. understand that this user's agreement sloes not, in any way, constitute the transfer of any rights in real property and that mv/tiur use and enjoyment of FERRC project and Duke Energy lands and waters shall not hinder the general public's lawful use and enjoyment of the same. Sinccrc:lt. I d!! applicant's'swrte (Prmt)y Cc -Applicant's Name (Print) CrIApplicant's Signature Co -Applicant's Name (Prim) t:ir Appiica Iv signature Co-Applicum's Natne ('Print) Co -Applicants Signature — Co -Applicant's ape (Ptitit) CcrAppli"nt's Signature il-a, I+ a Pw *61= https:/Imail.google.com/mail/u/0/#inbox?projector=1 1/1 Type: CONSOLIDATED REAL PROPERTY Recorded: 9/22/2016 8:06:25 AM Fee Amt: $26.00 Page 1 of 2 Revenue Tax: $0.00 Iredell County, NC Ronald N. Wyatt Register of Deeds NORTH CAROlLEI�A GENERAL WARRANTY DEED Excise Tax: $0 *This is an exempt transfer for estate planning purposes. There was no consideration paid by transferee to transferor. NO TITLE OPINION RENDERED. NO CLOSING HELD BY PREPARING ATTORNEY. Parcel Identifier No. 4720 02 0406 & 4720 02 1339 Verified by County on the _ day of , 20_ By: Mail after recording to: Grantees This instrument was prepared by: Regina M. Mahoney, PLLC. P.O. Box 3622, Mooresville, NC 28117 Brief description for the Index: 234 Clark Cove Road Statesville NC 28677 91 acres more or less THIS DEED made this 21 st day of September 2016 by and between GRANTOR Mathias B. Jonsson GRANTEES Mathias B. Jonsson and Melanie B. Jonsson, Husband and Wife 234 Clark Cove Road 234 Clark Cove Road Statesville, NC 28677 Statesville, NC 28677 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, f appropriate, character of entity, e The designation Grantor and Grantees 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 conveys this property to the Grantees in fee simple for the purposes of establishing a Tenancy by the Entirety ownership as a Married Couple pursuant to N.C.G.S. §39-13.6. The conveyance includes the certain lots or parcels of land situated in Iredell County, North Carolina and more particularly described as follows: Tract One: Being all of Lot No. 3 of the "Old Homestead No. I subdivision revised, as platted, planned and recorded in Plat Book 19, Page 41, in the Office of the Register of Deeds of Iredell County. Page I of NC Bar Association Form No. 3 (0 Revised 712013 This standard form has been approved jointly by: Printed by Agreement with the NC Bar Association North Carolina Bar Association — NC Bar Form No. 3 North Carolina Association of Realtors, Inc. — Standard Form 3 Book: 2446 Page: 1444 Page 1 of 2 Tract Two: Being all of Lot No. 3 of the "Old Homestead No. I subdivision revised, as platted, planned and recorded in Plat Book 25, Page 125, Iredell County Registry, and being more particularly described as follows: Beginning at an existing iron pin in the southeastern comer of Donn C. Hansen (Deed Book 749, Page 389) and running thence with the line of Hansen North 21 deg. 15 min. 00 sec. east 118.04 feet to a concrete monument in the line of a 3.295 acre tract; running thence south 47 deg. 25 min. 33 sec. east 163.52 feet to a point in Clark Cove Road (State Road 1331), having passed through an existing iron pin located north 47 deg. 25 min 33 sec, east 33.06 feet from the point in Clark Cove Road; and running thence with Clark Cove Road south 69 deg. 54 min. 17 sec. west 35.50 feet to a point in the road; running thence south 65 deg. 19 min. 25 sec. west 41.43 feet to a point in the road; running thence south 57 deg. 18 min. 47 sec. west 46.96 feet to a point in the road; running thence north 43 deg. 32 min. 05 sec. west 76.51 feet to the point of beginning, containing 0.301 acres more or less according to a survey by Gerald V. Grant, registered land surveyor, dated May 26, 1995, and being a resubdivision of Lot No. 3 of Old Homestead No. 1 as recorded in Plat Book 19, Page 41. The above described property is subject to right of way of Clark Cove Road (State Road 1331) and also subject to a 35 foot building setback line. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1772 Pages 1295-1297. All or a portion of the property herein conveyed X includes or _ does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 28, Page 56, Iredell County Registry. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantees in fee simple. And the Grantor covenants with the Grantees, that Grantor is seized ofthe 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 except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Subject to easements and rights of ways, over, along and across subject property, if any. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as ofthe day and year first above written. By: Print/Type Nam e: Mathias B. Jonsson. Grantor State of North Carolina - County of Iredell I, the undersigned Notary Public of the County and State aforesaid, certify that Mathias B. Jonsson 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 2151 day of SeSe tem�er2016. `,,�`�,P M My Commission Expires: December 8 2018 ��li �� Regina M. Mahoney T46tary Public (Affix Seal) — 0 T'q'Q L �.Z Notary's Printed or Typed Name NC Bar Association Form No. 3 © Revised 7/2013 This standard form has been approved jointly by: Printed by Agreement with the NC Bar Association North Carolina Bar Association —NC Bar Form No. 3 North Carolina Association of Realtors, Inc. — Standard Form 3 Book: 2446 Page: 1444 Page 2 of 2