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HomeMy WebLinkAboutSerigne_DukeDredge_SIGNEDDuke Energy Lake Services Guidance for Completing an Excavation Permit Application Note: If you are proposing excavation in association with the permitting of a new or expanded facility under the Marina or Conveyance Programs, you do not need to complete this application. Instead, you should incorporate the excavation request into the permit application for the marina/conveyance using the appropriate application. Step 1: Contact Duke Energy Lake Services Complete "Part I" of the application and develop a drawing of the proposed excavation area. Contact Duke Energy Lake Services to schedule a site visit. Lake Services will conduct a site visit to determine if Duke Energy will accept an excavation permit application for the proposed work. If the Lake Services representative determines the application process may proceed, he/she will initial Part I of the application. Step 2: Draft Application Development Complete Parts II-III.A-G and Part V of the Excavation Permit Application. Step 3: Agency Consultation Send the draft application developed during Step 2 to the agencies for review and comment on the proposed activity. Refer to the Agency / Organization List available from Duke Energy to determine which federal, state, regional, and local agencies and organizations require consultation or review. Note: Duke Energy reserves the right to require consultation with additional organizations beyond those included in the Agency / Organization List. Each agency / organization must be provided at least 30 days prior notification. Evidence must be provided (e.g., response letter or Certified Mail receipt) in the complete application to show each agency / organization was given the opportunity to review the proposal. Consultation letters must be dated within the two years preceding Duke Energy's receipt of the application. All permits must be valid at time of application and have a term longer than the projected schedule for completing the permitted project. What to Expect During Agency Review and Comment: You will typically receive a letter from each agency / organization either documenting its concurrence with your proposal, requiring additional information, recommending modifications, or offering no comment. You must address each agency's / organization's comments with a follow-up letter and in your final application as described in part IV. • If you do not receive any documentation from an agency I organization within 30 days of its receipt of your proposal, you must provide the agency / organization with a follow-up letter requesting comment on your proposal within 15 days from the date of the follow-up letter. If you still do not receive any response as a result of the second letter, type "NO RESPONSE" Duke Energy Page I of 13 my t 1/22M Excavation Program at the top of the follow-up letter and include it in the application along with proof of the agency's 1 organization's receipt of the letter (e.g., Certified Mail receipt). You may proceed with the application process recognizing, however, that if its comments come later in the application process, you will be required to address them. From the United States Army Corps of Engineers (Corps): (** Note — The Corps may have additional forms to submit for your proposal and an additional fee.) If the excavation can be done under the requirements of the General Permit (GP) or a Nationwide Permit (NWP), you will typically receive a copy of the Corps' tear sheet documenting authorization and providing any additional instructions. If the excavation isn't covered under the GP or a NWP, you'll be required to obtain an individual 404 Dredge and Fill permit from the Corps. You must receive written documentation from the Corps that your application either (1) meets the requirements of the GP or a NWP or (2) the proper 404 Dredge and Fill permit has been received before Duke Energy can process your application. From the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources: (Note NCDEQ may have additional forms to submit for your proposal and an additional fee) If the proposal meets the requirements of the Clean Water Act Sect. 401 Water Quality Certification, you will typically receive a letter from the NCDEQ Division of Water Resources documenting Sect. 401 Certification and providing any additional instructions. You may also receive a letter requiring additional information or recommending modifications. You must receive written documentation from NCDEQ noting any required Sect. 401 Certification has been received before Duke Energy can process your application. From the North Carolina Wildlife Resources Commission (NCWRC): If you do not receive any documentation from the NCWRC within 30 days of their receipt of your application, you may proceed with the application process without submitting a follow-up request, recognizing however if comments come in later in the application process, you will be required to address them. From the South Carolina Department of Health and Environmental Control (SCDHEC,): (Note — SCDHEC may have additional forms to submit far your proposal and an additional fee) The SCDHEC conducts a joint application process with the USACOE in S.C. If the proposal meets any applicable requirements of the Clean Water Act Sect, 401 Water Quality Certification, you will typically receive a letter from SCDHEC documenting Sect. 401 Certification and providing any additional instructions. You may also receive a letter from USACOE requiring additional information for the agencies participating in the joint application process. You must receive written documentation from SCDHEC noting Sect. 401 Certification has been received if required before Duke Energy can process your application. From the South Carolina Institute ofArchaeology and Anthropology (SCIAA): The applicant must wait 30 days after receiving the signed postal returned receipt. If a response from SCIAA has not been received by this time you may proceed with the application process without submitting a follow-up request, recognizing however if comments come in later in the application review process, you will also be required to address them. Duke Energy Page 2 of 13 rev t 1r22nI Excavation Program Step 4: Final Application & Submittal to Duke Energy Following the consultation process, finalize the application. The final application submitted to Duke Energy should incorporate all comments and recommendations provided by agencies and organizations during the agency consultation process as well as copies of all permits received. In addition to the final application include the following: • One check payable to Duke Energy for the application fee and security deposit • If applicable, a separate check payable to the appropriate Habitat Enhancement Program fund • Signed Excavation Program Applicant's Agreement Note: Co -applicants must also submit the application fees and applicable HEP fees with the application. Duke Energy Page 3 of 13 rev 11/22121 Excavation Program Duke Energy Excavation Permit Application Form FOR DUKE ENERGY USE ONLY Duke File No. Application Fee $ Security Deposit $ Check # Date Reev'd Initials Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Date Initials Date Final Protection/Avoidance Area Markings Field - Verified Initials Approved to Start Work By • Date Completion Required _ Date Passed Closeout Inspection* Date (Print) (Sign) Date of Any Approved Extension Initials 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 or 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 Step Work Orders with application. Part I. Applicant Information (Please Print) David Serigne Email address: dgserigne2022@gmai1.corn Lake Address 20142 Walter Henderson Road Cornelius, NC 28031 Telephone 703-376-7731 Mailing Address {if different} 18801 Nautical Drive Comelius, NC 28031 Contractor Company Waterside Docks & Piers Contractor Contact Person Randy Keith Contractor Email Address: randy@Watersidedocks.com LAKE LOT INFORMATION Lake Norman County Mecklenburg City Cornelius Subdivision Lot/ Section No. 7 Telephone 704-902-5445 State NC Tax Map No. Lot Size 2.07Acres Duke Energy Page 4 or 13 rev 11t22P21 Excavation Program Duke Ener , Excavation Permit A t tlication Forun 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) Oyes ❑No (If Yes, include name and mailing address below. Name: Randy Keith Tax ID: 200108946 Mailing Address: 164 Stutts Road, Mooresville NC 28117 Are there any Co -Applicants*? (check one) ❑Yes ONo (If Yes, Include names, sheet addresses or lot numbers, pier numbers, phone members, 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 Initials (Duke Energy) (applicant/contractor) Duke Energy Page S of 13 nn t Irm I Excavation Program Duke Fnergy Excavation Permit Application Forth Part 11. Description of Project A. Basic Information 1. Type of excavation: (check one) 19 New excavation ❑ Maintenance excavation ?. i'Ln-I)ose of excavation: (check one) ❑ Water Intake Channel ❑ Other (.specify): ® Boat Access Channel ❑ Wastewater Discharge Channel 3. Lake user category: (check one) OPrivate ❑Residential Marina ❑Commercial Marina ❑Public ❑Other (spec): 4. Max. Excavation Area Dimensions (ft): Length 40 Width 40 Depth 1.75 (Note: hichrde additional area dimensions if necessary so response to 45 below equals max. area dimensions in #4) 5. Volume of Excavated Material (TOTAL for the project): 104 Cubic yards 6. Type of material removed (!ypplicani determines b reld sanr le ifpractica Sand and Silt 7. Excavation Site area: 0.037 Acre (s) Disposal Site area: (s) 0.034 Acre 8. Total Disturbed Area (including equipment staging area): 0.071 Acre (s) 9. Does the project meet the requirements of the applicable General Permit? (check one) ®Yes ❑No 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) 1tYes ❑No 12. Are there any water -treatment facilities within 50 feet of the proposed excavation area? (check one) ❑Yes ONo (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): Silt fence and berm Duke Energy Page 6 or 13 my 111221P1 Excavation Program Duke Enemy Excavation Permit Application Form 14. Type(s) of excavation equipment to be used: Long reach excavator on floating barge 15. Will waters or wetlands be crossed in transporting equipment to or from the: site? (check acre) ❑Yes ❑No mobilize equipment and cargo rman 16. Will return water re-enter the reservoir? (Check one) ❑Yes ®No ❑NIA I Yes, specify hints of re-err!ry 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 123No (If Yes, provide the existing permit number. IfIIo, inchrde a scaled drawing of file proposed facility). Permit # have approval letter attached to construct dock after dredge is complete 18. Total planned duration of the work (Include first equipment mobilization, excavation through foal mitigation measures complete): START Aug 1 2023 FINISH Aug ! 2023 (Month) (Year) (Month) (Year) DAe l:ner!y Page 7 of 13 tt% I 22'zs Excavation llrogrun W C rnCD C a C7 �r CL ro a• � n ] rD �a A. �• �' y a rn a ro n b w " P'" CL i1 A `t "• n �i v Q ¢ a 41 cr 77 co aA K cr a a y 0C� a ".� yrL c] O W .- �• � Or 3 A n z 7C' aR mo a 1 � d a 0 0. a A+ IY n w 'It O %a CD a G C fP n � � o � Ua w CD a CD n aD CD ao � RE w w R. CD CL CD A� _Q UQ CD Gnu Q' CD w ,IN 2 mD m rro' m s' 9 r CD CD ❑ �? c CL R. CD ' CD Uq O 0 [��C CD a o ct � � n to :3, w o � ro n p n zs OP tea ❑ p "s W y � U7 C d � EM p [U V � n O -W: n a w C. ❑ y o n as 1� Y A o• :; n a 1 a� W O a 4 a 0 C� Pi R 3 v' a Duke Enerp_ry Excavation Permit Application Form C. Applicant's Signatures Comments: Applicant Name (print] ri :Z:6 1IC Applicant Signature* Z)MWDate 7 LZ L- h3 Co -Applicant Nance (prinl) 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 hest of my knowledge. Duke Energy page to or 13 rcv 11/=021 Excavation Program Duke Ener Excavation Permit AUplication Form Part II1. Additional Information A. Deed and Survey Plat: A copy of the deed and registered survey plat or other instrument under which each applicant and co -applicant claims title to the affected property (the shoreline adjoining the excavation area, equipment staging area, area crossed by any spoil and return water lines, and the disposal area). If the applicant(s) is(are) not the owner(s) of said property, then forward a copy of the deed and registered survey plat or other instrument under which the owner(s) claim title plus written authorization from the owner(s) to carry out the project on their land. 13. Excavation Area Drawing: An accurate drawing of the area to be excavated. The drawing must show at a minimum, a North arrow; the boundaries and acreage of the proposed excavation area and equipment staging areas; lake, county, city, cove, tributary, road and subdivision names and lot numbers (as applicable); property corners for project front lots; the full pond elevation contour and lines dividing the cove width into equal thirds (as applicable); approximate volume in cubic yards of the material to be excavated; point(s) of return water re-entry; the boundaries of any adjoining areas that are to be specifically avoided or protected during the work and the location (address) of the disposal area for the excavated material. [NOTE: A copy of this drawing must also be provided to the excavation contractor to ensure restricted areas are not impacted.] C. Disposal Area Drawing: An accurate drawing of the proposed design for the disposal area. The drawing must show at a minimum, a North arrow; the boundaries and acreage of the proposed disposal area; lake, county, city, cove, tributary, road and subdivision names and lot numbers (as applicable); the full pond elevation contour (unless disposal is well away from the lake); the boundaries of any adjoining areas that are to be specifically avoided or protected during the work; the location (address) of the excavation area from which the material came and a statement of the disposal area's capacity with all dimensions Iabeled that were used in the volume calculation. [NOTE: A copy of this drawing must also be provided to the excavation contractor to ensure restricted areas are not impacted.] Also note for projects larger than one (1) acre in North Carolina, including excavated, equipment staging, and disposal areas, you must submit an erosion control plan. For projects larger than two (2) acres in South Carolina, including excavated, equipment staging and disposal areas, you must submit an erosion control plan. For projects < two (2) acres in South Carolina, you must submit a completed standard reportingform orm for construction sites disturbing two (2) acres or less to the South Carolina Dept. of Health and Environmental Control (SCDHEC) - Stormwater Management D. Vicinity Map and Driving Directions: A vicinity map and directions by road showing directions to both the excavation area and disposal area. Include the latitude and longitude of both the excavation area and the disposal area. Part IV. Agency Reviews and Approvals Begin this section with a summary table of all agencies consulted and applicant response to agency comments as shown in the example table below. Agencies should be listed in the order Duke Energy Page 11 of 13 rev 11/22/2021 Excavation Program Duke Energy Excavation Perini(Ap IA iration Form shown in the Agency/Organization List. Consultation letters must be dated within the two years preceding Duke Energy's receipt of the application. 'r,nhip iV-t _ fiamnle Agency Comment and Resnonse Table Agency Comment A licant Response A e►ag 1 The activity is approved as proposed. NA Agcncy 2 The on -site well provides drinking water to the Contacted Mr. Smith on 111120xx. No public. Please contact Mr. Smith to discuss the further action needed. proposed changes and potential issues associated with your proposal. You must contact us immediately if Applicant will contact Agency 2 if endangered species are located during the endangered species are located during course of construction. construction Agency 3 Requested agency comments on 111120xx and NA again on 211120xx. No response as of 2115120xx. Agency 4 Section 401 Water Quality Certification Applicant will comply with the conditions of the 401 Water Quali Certification Following the table of agency comments and applicant responses, include a table of permits and certifications issued by the reviewing agencies. As with the table of agency comments and applicant responses, agencies should be listed in the same order as they are listed in the Agency/Organization List. •r-hip rV_,l C-m.,,■,to egp► " Permits and Certifications Table Date of Date of Agency Permit/Certification Name Issuance Expiration Agency 1 Surface Water Withdrawal Permit Agency 2 Section 401 Water Quality Certification Following the two summary tables, include a copy of all correspondence to and from any local, regional, state and federal agencies or other organizations with which you are required to consult, including any required permits (e.g., Section 401 water quality certifications, Section 404 dredge/fill permits, building permits, etc.) or other approvals or comments which have been obtained from these organizations regarding this activity. Include a copy of any local, regional, state or federal regulations or guidelines that will be followed. All permitting issues must be resolved and clearly documented. Correspondence should be organized in the order the agencies are listed on the Agency/Organization list with the applicant's request for comments followed by additional correspondence in chronological order. All permits must be valid at time of Duke Energy Page 12 of 13 my 1 1r2 021 Excavation Program Duke Energy Excavation Permit Application Form application and have a term longer than the projected schedule for completing the permitted project. Part V. Additional information Provide relevant additional information. Reference previous parts as applicable. Include the FERC-required Environmental Assessment if you were directed to do so during the initial site visit. if there are co -applicants, this is where their information would be provided (see Part 1). Duke Energy Page 13 of 13 rev 1112MO21 Excavation Program