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HomeMy WebLinkAboutNCC233392_FRO Submitted_20231115 FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT EXPRESS PERMITTING OPTION No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone number is unavailable, place N/A in the blank.) Part A. 1. Project Name UNIT 5 INACTIVE ASH BASIN IMPOUNDMENT CLOSURE-PHASE 6 EROSION CONTROL PLAN 2. Location of land-disturbing activity: County RUTHERFORD City or Township CLIFFSIDE/MOORESBORO MCCRAW ROAD 35.2146136 -81.7652858 Highway/Street Latitude(decimal degrees) Longitude(decimal degrees) 3. Approximate date land-disturbing activity will commence: Q1 2024 4. Purpose of development(residential, commercial, industrial, institutional, etc.): INDUSTRIAL 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 7.87 acres $2,800($800+$2,000) 6. Amount of fee enclosed The Express Permitting application fee is a dual charge. The normal fee of$100.00 per acre(rounded up to the next acre) is assessed without a ceiling amount. In addition,the Express Permitting supplement is$250 per acre up to eight acres,after which the Express Permitting supplemental fee is a fixed$2,000.00 (Example:8.10-acre application fee is$2,900). Checks should be addressed to NCDEQ. 7. Has an erosion and sediment control plan been filed? Yes❑ Enclosed 0 No ❑ 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name Duke Energy- Preston McCloud E-mail Address preston.mccloud@duke-energy.com Phone: Office# Mobile# 803-968-5315 9. Landowner(s)of Record (attach accompanied page to list additional owners): DUKE ENERGY 704-382-3853 Name Phone: Office# Mobile# 526 SOUTH CHURCH ST. 526 SOUTH CHURCH ST. Current Mailing Address Current Street Address CHARLOTTE NC 28202 CHARLOTTE NC 28202 City State Zip City State Zip 10. Deed Book No.2149 Page No. 0006 Provide a copy of the most current deed. Part B. 1. Company(ies)who are financially responsible for the land-disturbing activity(Provide a comprehensive list of all responsible parties on accompanied page.)If the company is a sole proprietorship or if the landowner(s)is an individual(s), the name(s)of the owner(s)may be listed as the financially responsible party(ies). DUKE ENERGY CAROLINAS, LLC Company Name E-mail Address 526 SOUTH CHURCH ST. 526 SOUTH CHURCH ST. Current Mailing Address Current Street Address CHARLOTTE NC 28202 CHARLOTTE NC 28202 City State Zip City State Zip Phone: Office# 704-382-3853 Mobile# Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land disturbing activity. 2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State business registry, give name and street address of the Registered Agent: CT CORPORATION SYSTEM Name of Registered Agent E-mail Address 160 MINE LAKE CT, STE 200 160 MINE LAKE CT, STE 200 Current Mailing Address Current Street Address RALEIGH NC 27615 RALEIGH NC 27615 City State Zip City State Zip Phone: Office# Mobile# Name of Individual to Contact(if Registered Agent is a company) (b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina agent who is registered on the NC Secretary of State business registry: NA NA Name of Registered Agent E-mail Address NA NA Current Mailing Address Current Street Address NA NA City State Zip City State Zip Phone: Office# NA Mobile# NA Name of Individual to Contact(if Registered Agent is a company) (c) If the Financially Responsible Party is engaging in business under an assumed name, give name under which the company is Doing Business As. If the Financially Responsible Party is an individual, General Partnership, or other company not registered and doing business under an assumed name, attach a copy of the Certificate of Assumed Name. NA Company DBA Name (d) If order to facilitate Express Permitting, it is necessary to be able to contact the engineer or other consultant who can assist in providing any necessary information regarding the plan and its preparation: WSP USA ken.daly@wsp.com Engineering firm or other consultant E-mail Address Ken Daly (704) 357-5507 (704) 222-1438 Individual contact person (type or print) Phone: Office# Mobile# The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s) or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Party). I agree to provide corrected information should there be any change in the inform ion provid d h rein. /4.4 Atec b f.11° Type or print n me Title or Authority v.( L° - 10 - Signature Date I, \LtLI . �QQ f` , a Notary Public of the County of KZ.C4tilbu, 1 -kt,k(11 1 State of North Carolina, hereby certify that Hai be t I appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him/her. Witness my hand and notarial seal, this I Q'y day of CYf G6Q1-\ , 20 Notary MURIEL R. SPEAR My commission expires ad,. 3.0 �U�3 NOTARY PUBLIC Mecklenburg County North Carolina My Commission Expires /d I Continued from Items 9 & 10 in Part A of the Financial Responsibility/Ownership Form for multiple owners. Attach copies of this page as needed to list all landowners. Landowner 2 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 3 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 4 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 5 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Continued from Item 1 in Part B of the Financial Responsibility/Ownership Form for multiple parties. Attach copies of this page as needed to list all financially responsible parties. Company 2 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 3 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 4 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 5 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Doc ID: 002998800005 Type: CRP Recorded: 08/10/2007 at 08:38:15 Art Foe Amt: 928.00 Page I of 5 Excise Tex: 80.00 Instr#200700002143 Rutherford County, NC Faye H. Hughey Register of Deeds at940 PD93-97 Excise Tax .00 Recording.Time,Book and Page Tax Lot No.: Parcel identifier Nos.916311,913489,913490,906650,915588,915589,1621577,1620186 1637972,1638148,1G37974,911071,1642600,1642601;portions of 916312 and 905249;and Rutherford County portion of Cleveland County Tax Parcel No.312. Verified by County on the_day of August,2007 by Mail alter recording to: A.Grant Whitney.Jr..Parker Poe Adams&Bcxstein,L,L.P.,Three Warlwvia Center, Suite 3000.Charlotte.NC 28202 This instrument was prepared by: Parker,Poe,Adams BernsteinL.L.P,fA.Grant Whitney.Jr.) Brief Description For The Index: 182,47 acres,Plat Book Page Rutherford County Public Registry NORTH CAROLINA NON-WARRANTY DEED TEAS DEED made this 10 day of August,2007,by and between GRANTOR GRANTEE DUKE ENERGY CAROLINAS, LLC DUKE ENERGY CAROLINAS, LW a North Carolina limited liability company a North Carolina limited liability company Address: 400 South Tryon Street ST30C Charlotte,North Carolina 28201 Enter, appropriate block for each party: name.address,and,if appropriate character of entity,e.g.cn oratbn or partnership. CLT 1006660v3 �y� The designation Grantor and Grantee as used herein shall include said parties,then heirs,successors and assigns, and shall include singular.plural,masculine,feminine or neuter as required by context WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto Grantee in fee simple,all that certain lot or parcel of land situated in High Shoals Township,Rutherford County,North Carolina and more particularly described as follows: See EXHIBIT 4,attached hereto and incorporated herein by this reference(the"Property'), The sole purpose of this deed is to recombine into one tract the Property described on EXHIBIT A which contains 182.47 acres. The property hereinabove described was acquired by Grantor by instrument recorded in A map showing the above described property is recorded in Plat Book .R ,Page4. ,4 3`Rutherford County Public Registry. 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. The Grantor makes no warranty,express or Implied,as to title to the property hereinabove described. IN WITNESS WHEREOF,the Grantor has caused this instrument to be duly executed under seal,the day and year first above written. (SEE SIGNATURE AND NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE] CLT 10066600 EXHIBIT A LEGAL DESCRIPTION ALL of that certain 182.47 acres shown plat entitled "DUKE ENERGY CAROLINAS, LLC RECOMBINATION PLAT"recorded in Plat Book Q Page.238 3ci,Rutherford County Public Registry. CLT t00666Ov3 GRANTOR; DUKE ENERGY CAROLINAS,LLC a North Carolina limited liability company By: Title: s,� 444 d STATE OF NIorJAN.ear 01ir•+r+. COUNTY OF ilkee.in e,n(mu:) 1.Edward T.Cr,,,.,®,() a Notary Public of S4anla County,State of tU nn kte,l . ,certify that yo to ct,.,.1,,.,,,5.. (the"Signatory"),r44,ao1,. Mull..t 1,._of DUKE ENERGY CAROLINAS, LLC,a North Carolina limited liability company,personalry came before me this day and by authority duly given acknowledged the due execution of the foregoing instrument on behalf of the limited liability company. I certify that the Signatory personally appeared before me this day,and (check one of the following) ✓(I have personal knowledge of the identity of the Signatory);or (I have seen satisfactory evidence of the Signatory's identity,by a current state or federal identification with the Signatory's photograph in the form of (check one of the following) _a driver's license or in the form of );or _(a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to use that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this_i__day of August,2007, Notary Public :et , Note:Notary musts exactly as on notary seal] of Stardy 7, Notary,Public,Math Caroline I rJ sign y"`. . Count MyCommission Tres: tz—2 00 ! ., EDWARD T.CONNELL I, My Commtaaton Iles Fa .12,2099 "®[NOTARY SEAL) (MUST BE FULLY LEGIBLE) The foregoing Certificates)of Isiare certified to be correct. This instrument and certificate are duly registered at the date and time and in the Book and page shown on the first page hereof. Register of Deeds for Rutherford County. By: Deputy/Assistant—Register of Deeds II UT It106660v3 DUKE ENERGY CORPORATION ASSISTANT CORPORATE SECRETARY CERTIFICATE I,Sue C.Harrington,Assistant Corporate Secretary of Duke Energy Corporation, do hereby certify that the Board of Directors of Duke Energy Corporation on April 4, 2008,approved and adopted the Approval of Business Transactions Policy Statement, which provides in relevant part that any direct report to the President and Chief Executive Officer of Duke Energy Corporation may approve,or delegate the authority to approve,business transactions(including acquisitions and divestitures)involving amounts of$50 million or less. I further certify that Christopher C.Rolfe,Group Executive and Chief Administrative Officer,Duke Energy Corporation,is a direct report to the President and Chief Executive Officer of Duke Energy Corporation,who,pursuant to the authority granted by the Approval of Business Transactions Policy Statement,has delegated to Angeline M.Clinton,Vice President,Enterprise Operations Services,Duke Energy Corporation,the authority to approve amounts up to$10,000,000 for capital projects, commitments to buy products or services,equity investments(including acquisitions, partnerships,joint ventures,etc),divestitures,operating leases,and termination of commodities contracts;and subsequently,Angeline M.Clinton,in accordance with the Delegation of Authority for Enterprise Business Services,has delegated to Dennis F. Wood,Ill,General Manager for Real Estate Services,Duke Energy Business Services, LLC,the authority to approve up to$5,000,000 for land acquisitions and divestitures and building rent,and subsequently,Dennis F.Wood,III,in accordance with the Delegation of Authority for Enterprise Business Services:Enterprise Operations,has delegated fo R.Steven Bodenheimer,Director of Transaction Management,and GeorgeE.loft, Director of Land Services,the authority to approve$1,500,000 to execute deeds,leases, and similar real estate documents on behalf of Duke Energy Corporation and its affiliates for land and facility acquisitions and divestitures,which authority includes the authorization to execute any contract,lease,deed,easements,rights of way or other instruments related to the authorized transaction;and to George W.Christian,Jr., Manager,Real Estate Acquisitions and Valuations,Harold L.Glorius,Jr.,Supervisor, Engineering Support and Christopher E.Arbuckle,Supervisor,Engineering Support,the authority to approve up to$750,000 to execute deeds,leases and similar real estate documents on behalf of Duke Energy Corporation and its affiliates for land and facility acquisitions and divestitures,which authority includes the authorization to execute any contract,lease,deed,easements,rights of way or other instruments related to the authorized transaction. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Corporate Seal of said Duke Energy Corporation this 20th day of July,2007. .9,6 f Ct & � terry rs Ass€stant Carper -ecretary TA 'a ""�+napllUA