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HomeMy WebLinkAboutNCC240254_FRO Submitted_20240129 Check if this project is ARPA-funded ❑ FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land-disturbing activity on one or more acres as covered by the Act, including any activity under a common plan of development of this size as covered by the NCGO1 permit, 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 H I BS Wolfspeed *If this project involves American Rescue Plan Act (ARPA) funds, list the Project Name below under which you applied for funding through the Division of Water Infrastructure (DWI). Chatham Siler City ETJ(Unincorporated) 2. Location of land-disturbing activity: County City or Township US 64 W 35.74239 -79.53566 Highway/Street Latitude(decimal degrees) Longitude(decimal degrees) 3. Approximate date land-disturbing activity will commence: November 2023 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Industrial 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 300.7 6. Amount of fee enclosed: $500 . The application fee of$100.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: 8.10-acre application fee is$900). Checks should be addressed to NCDEQ. Previously Approved Area=296.3 ac. 7. Has an erosion and sediment control plan been filed? Yes ❑ Enclosed ❑x No E 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name Wes Feinman E-mail Addresswes.feinman@whiting-turner.com Phone: Office# 919-256-6460 Mobile# 919-337-2385 9. Landowner(s)of Record (attach accompanied page to list additional owners): Wolfspeed, INC. Name Phone: Office# Mobile# 4600 Silicon Drive Current Mailing Address Current Street Address Durham NC 27703 City State Zip City State Zip 10. Deed Book No. 2350 Page No. 071 8 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). The Whiting-Turner Contracting Company Sean.Noonan@whiting-turner.Com Company Name E-mail Address 8529 Six Forks Road Forum IV, Suite 150 8529 Six Forks Road Forum IV, Suite 150 Current Mailing Address Current Street Address Raleigh North Carolina 27615 Raleigh North Carolina 27615 City State Zip City State Zip Phone: Office# 91 9-256-6471 Mobile# 919-930-1032 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: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address 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: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# 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. Company DBA Name 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 information provided herein. Wes Feinman Sr. Project Manager Type or print name Title or Authority 9/27/23 Signature Date Jennifer Kelly a Notary Public of the County of 5)0 State of North Carolina, hereby certify that Wes Feinman 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 27th day of September 20 23 Jennifer Kelly Vt NOTARY PUBLIC Notary, Franklin County, NC My commission expires I a()I aoa 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: Duke Energy Progress, LLC 704-382-2361 704-382-2361 Name Phone: Office# Mobile# 526 South Church Street 526 South Church Street Current Mailing Address Current Street Address Charlotte NC 28202 Charlotte NC 28202 City State Zip City State Zip Parcel ID: 95985 Deed Book No. 2354 Page No. 674 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. Prepared By: Christopher G.King,Senior Counsel,Duke Energy Property No.: 1200313 Return to: Duke Energy Progress,LLC Land Unit: 2818566 526 South Church St.,EC11-05 Project No.: I200313-862306 Charlotte,NC 28202 STATE OF NORTH CAROLINA TEMPORARY CONSTRUCTION EASEMENT COUNTY OF CHATHAM THIS TEMPORARY CONSTRUCTION EASEMENT (this "Easement") is made and entered into this 144. day of 4€2 f,4..4/ , 2023 (the "Effective Date") by and between DUKE ENERGY PROGRESS, LLC,a North arolina limited liability company, having a mailing address of 526 South Church Street. ECII-OS, Charlotte, North Carolina 28202 ("Grantor") and WOLFSPEED, INC., a North Carolina corporation,with a mailing address of Attn:Chris McCann,4600 Silicon Drive, Durham, North Carolina 27703 ("Grantee"). WITN ESSETH: WHEREAS, Grantor is the owner of certain real property located in Matthews Township, Chatham County, North Carolina conveyed to Grantor by deed from GGT Enterprises, LLC,dated March 30,2023, and recorded in Deed Book 2354 at Page 674 in the Office of the Register of Deeds for Chatham County (the "Property");and WHEREAS,Grantee desires the right to enter upon the Property for construction and grading purposes, labeled as"New 100'Temporary Construction Easement,"on that survey entitled"EASEMENT ACROSS THE LAND OF DUKE ENERGY PROGRESS, LLC," dated August 23, 2023, attached hereto as Exhibit A, and incorporated herein by reference;and WHEREAS, subject to the terms of this Easement, Grantor wishes to allow the Grantee the rights to enter upon the Property,as more particularly set forth below. NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00), the mutual promises herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Term: This Easement shall commence on the Effective Date and shall terminate automatically two (2) years following the Effective Date ("Initial Term"). Thereafter, Grantee shall have the right to extend the Easement for an additional six(6)months,automatically following the end of the Initial Term,upon notice to Grantor. 2. Grantee's Use: Subject to Grantee's compliance with all the terms and provisions of this Easement. Grantor hereby grants to Grantee and the Grantee's subcontractor(s), (i) the right to enter upon the Property for the purposes of construction and grading, (ii) the right to bring onto the Property the Wolfspeed/DEP—TCE I 8.30.2023 necessary equipment for construction and grading, and (iii) the right of ingress and egress over the Property. 3. Indemnity: Grantee agrees to indemnify, defend and hold harmless Grantor, its successors and assigns, from and against any and all liability and/or claims, damages, or losses, arising from any conduct, management, operation, work or improvements performed in or about the Property or any building, structure or equipment thereon during the period of this Easement, or arising from any act or failure to act, by Grantee, its agents, contractors, employees, or arising from any accident, injury or damage whatsoever, however caused, to any person(s) or to the property of any person(s) or corporation(s) during the period of this Easement on, in or about the Property, and from and against all cost,counsel, fees, expenses, liabilities and damages incurred in or about such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Grantor, its successors or assigns,by reason of any such claim,Grantee,on notice from Grantor shall resist and defend such action or proceeding by counsel satisfactory to Grantor. 4. No Conveyance. This Easement in no way conveys any interest in the Property to the Grantee other than the rights granted herein. It is further explicitly agreed and acknowledged by the parties that Grantee has no control over the Property. IN WITNESS WHEREOF, Grantor has caused this instrument to be signed in its name the day and year first above written. GRANTOR: DUKE ENERGY PROGRESS,LLC a North Carolina limited liability company B : y Name: f*,i{ • Title: 4444y tdien,4 5.1,"V tLL GRANTEE: WOLFSPEED,INC. a North Carolina corporation over.ns.+e.c.&Cr 'V E.fiMR.rrow.e pe.anm CV•3.n Chris McCann IF:- . '' By: Das ala MSS,. .. Name: Title: Wolllspeed/DEP—TCE 2 8.30.2023 AREA TABLE EXHIBIT A EASEMENT TYPE LAND UNIT ACRES SQ.FT. d THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT CONSTRUCTION TEMPORARY0000000 4.61 201,000 AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. U US 4 I, CONNOR J. STEARNS, CERTIFY THAT THIS MAP WAS DRAWN UNDER N yK Y 64 MY SUPERVISION FROM AN ACTUAL GPS SURVEY MADE UNDER MY 2 . .-`41 4 SUPERVISION AND THE FOLLOWING INFORMATION WAS USED TO c LOCATION MAP \ PERFORM THE SURVEY: Z NOT TO SCALE O CK (1) CLASS OF SURVEY: AA NOT TO SCALE (2) POSITIONAL ACCURACY: HORIZONTAL 0.048' VERTICAL 0.043' z (3) TYPE OF GPS FIELD PROCEDURE: NC REAL TIME NETWORK (VRS) I NOTES (4) DATES OF SURVEY: NOVEMBER 8, 2022 - DECEMBER 14, 2022 DUKE ENERGY PROGRESS, LLC (5) DATUM/EPOCH: NAD83 (2011) P.I.N.: 0000-00-00-0000 1. SUBJECT PROPERTY SURVEYED AND (6) PUBLISHED/FIXED-CONTROL USE: POINT #401 PARCEL ID.: 95985 I MAPPEDC FOR: DUKE ENERGY PROGRESS, (7) GEOID MODEL: 18 D.B. 2354, PG. 674 (8) COMBINED GRID FACTOR(S): 0.99988611 P.B. 2023, PG. 93-96 I 2. AREA BY COORDINATE COMPUTATION (9) UNITS: U.S. SURVEY FEET - I METHOD. I 3.ALL DISTANCES ARE HORIZONTAL GRID ',,,,v,,,+,uq,,, +' - DISTANCES IN U.S. SURVEY FEET. ,`,`\ CARoe ,, ,,,,,d+,e __ ------1 _• 4.PROPERTY SUBJECT TO ANY VALID & CONNOR J. STEARNS, PLS L-5469 DATE ��So`���F ESS��.{ J�1�� �`j _ - ENFORCEABLE EASEMENTS, 4t .Q,p ggy Y ��� -__-_ _ - RESTRICTIONS, Sc RIGHTS OF WAY. �' �� ei E NEW 100' TEMPORARY % L +o�;2 : CONSTRUCTION EASEMENT LEGEND • EXISTING }" REBAR IV '•, .I` _URv�.•�Q • N/F A CALCULATED POINT • COT*****��������r��o�,, WOLFSPED, INC. • CONTROL POINT �� P.I.N.: 8742-00-84-0000 BOUNDARY LINE SURVEYED CERTIFICATION PARCEL ID: 72513 SUBJECT EASEMENT LINE I, CONNOR J. STEARNS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY D.B. 2350, PG. 718 _____BOUNDARY LINE SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED P.B. 2023, PG. 42-43 ----- NOT SURVEYED -TIE LINE DESCRIPTION RECORDED IN BOOK AND PAGE AS NOTED); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN ,� DUKE ENERGY PROGRESS, LLC BOOK S PAPE AS NOTED; THATUITHE RATIO OF STCISIONANDARDS IS 1: 3.49PRACTICE AND BRUSH CREEK 230kV SWITCHING STATION I1JI(E THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA 12 N.C.A.C. 56.1600 PURSUANT TO G.S. EASEMENT ACROSS THE LAND OF 47-30 (F)(11)(C)(4) THIS SURVEY IS OF A PROPOSED EASEMENT FOR A PUBLIC MCADAMS DUKE ENERGY PROGRESS, LLC UTILITY-30 M DEFINED IN G.S. OF AND E THE ATTACHMENT RULES OF G.S. ENERGY® 47-30 (M)(1) THE PURPOSE OF THIS EXHIBIT IS FOR RIGHT OF WAY OR EASEMENT 6666.16 a;' MATTHEWS TOWNSHIP ACQUISITION ONLY AND IS NOT INTENDED TO BE A BOUNDARY SURVEY OF THE iwr,lum'ro�iam.,o CHATHAM COUNTY, NC PROPERTY SHOWN HEREON. REVISIONS DATE:08/23/2023 SCALE:N.T.S. 526 SOUTH CHURCH STREET, EC11-05 THIS XX DAY OF (MONTH) 20XX -- ------- DRAWN BY:CJS DEED:AS SHOWN CHARLOTTE, N.C. 28202 CHECK BY: JSA BOOK #: TELEPHONE NO. CONNOR J. STEARNS, PLS L-5469 PROJ.#: 1200313-RW_TCE_082323 SITE #: 1200313 I L.U. #: 0000000 (704)382-2361 I 1 OF 2 AREA TABLE EXHIBIT A N/F EASEMENT TYPE LAND UNIT ACRES SQ.FT. GGT ENTERPRISES, LLC THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT P.I.N.: 8742-00-57-0330 TEMPORARY 0000000 4.61 201,000 AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT PARCEL ID: 76879 CONSTRUCTION BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. D.B. 2348, PG. 877 100' 0' 100' 200' P.B. 2005, PG. 118 InGnaiT P.B. 2013, PG. 134 NOTES SCALE IN FEET P.B. 2023, PG. 42-43 1. SUBJECT PROPERTY SURVEYED AND MAPPED P.B. 2023, PG. 93-96 FOR: DUKE ENERGY PROGRESS, LLC pRpGRESS, LLC 2. AREA BY COORDINATE COMPUTATION METHOD. DUKE EVER 00-° -00-0p0 I S:6;4 3. ALL DISTANCES ARE HORIZONTAL GRID R.I.S.ARCEL 1D•'p95684 -5 -� 6.31 DISTANCES IN U.S. SURVEY FEET. D B, 2354.pG g3_96 _ _ 1 N --( ZZ 4. PROPERTY SUBJECT TO ANY VALID & TEMPORARY T p B 2023' _ _ 1 ENFORCEABLE EASEMENTS, RESTRICTIONS, & NEW 100 EASEMEN 151.66' RIGHTS OF WAY. CONS-- p00 S.F. _ )) z 2010.00' 290•13 r 4.61 AC• _N g0.28'11" E_ zOly REBAR 50' / / l -�-___ ~J SOTAL) REBAR 0.21. C. o �!1567.99' 80'28'11" W 2092.31' ( 50U OF UNE 50' S1LER CITY RIP AFROµ/ o S gUFFEROPEOF 5ANK \ �%,- * WOLFS EED, $4.0000 __ _ f I p.1.NPARCEL DOPE 5418 T�� S 82'58'S4" E D B• 2350,pG, 42-43 4259.99' (GRID) i" REBAR p.B. 2023, 4260.48' NORTH CAROLINA GRID COORDINATES: (GROUND) ' ,,`!A"4 . , , N: 727,746.68' ,��� ROI.� � G- , E: 1,842,042.72' �� ........• - POINT W/CAP • ••"ESS/ REBAR ••� O•; F •. bs �� LEGEND NORTH CAROLINA GRID COORDINATES: - •QQ9 g )' EXISTING �" REBAR N: 728,267.19' g'`. CALCULATED POINT E: 1,837,814.65' ,rips-',4 Q� * CONTROL POINT COMBINED FACTOR: 0.99988611 <yF O•Z �i e+Q��'�� ' SUR`1;:✓•Q�••�� LINE TABLE SUUBJECTBOUNDARY LINE EASEME SURVEYED CERTIFICATION 0 ,,F, O LINE BEARING DISTANCE q��Rn„us►+'��,,�' Lt N 09'31'49" W 100.00' -----NOBOUNDARY LINE SURVEYED I, CONNOR J. STEARNS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY . CO L2 S 09.31'49" E 100.00' SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED -------TIE LINE DESCRIPTION RECORDED IN BOOK AND PAGE AS NOTED); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN ,� DUKE ENERGY PROGRESS, LLC BOOK AND PAGE AS NOTED; THAT THE RATIO OF PRECISION IS 1: 63,499+• AND BRUSH CREEK 230kV SWITCHING STATION THAT THIS MAP MEETS THE REQUIREMENTS C. THE STANDARDS U PRACTICE FOR DIJ KE LAND SURVEYING IN NORTH CAROLINA 12 N.C.A.C. 56.1600• PURSUANT TO G.S. EASEMENT ACROSS THE LAND OF 47-30 (F)(11)(C)(4) THIS SURVEY IS OF A PROPOSED EASEMENT FOR A PUBLIC MCADAMS DUKE ENERGY PROGRESS, LLC UTILITY AS DEFINED IN G.S. 62-3: AND MEETS THE ATTACHMENT RULES OF G.S. ENERGY® 47-30 (M)(1)• THE PURPOSE OF THIS EXHIBIT IS FOR RIGHT OF WAY OR EASEMENT MATTHEWS TOWNSHIP ACQUISITION ONLY AND IS NOT INTENDED TO BE A BOUNDARY SURVEY OF THE619 n 21.9 CHATHAM COUNTY, NC PROPERTY SHOWN HEREON. REVISIONS DATE:08/23/2023 SCALE:1"=200' 526 SOUTH CHURCH STREET, EC11-05 DRAWN BY:CJS DEED: AS SHOWN CHARLOTTE, N.C. 28202 THIS XX DAY OF (MONTH) 20XX —__ ---------- CHECK BY: JSA BOOK #: TELEPHONE NO. CONNOR J. STEARNS, PLS L-5469 PROJ.#: 1200313_RW_TCE_082323 I SITE #: 1200313 L.U. #: 0000000 (704)382-2361 2 OF 2