HomeMy WebLinkAboutAUTH-02-2022-165529.TIF 4.0 • CATAWBA CG)tIN'I'Y Case tl AUI'11-02-2022-165529
.t. Public l-lealth Department Subdivision
Environmental Health Division 1/4PIN# 361$01056453
PO Box 389,25 Government Drive,Newton,NC 28658 1,01 4 TR C
air q
Site Address: 4053 HICKORY LINCOLNTON HWY, NEWTON NC 28658
Name on Permit: MARY OGLE
Property Size: Acres 3.05
Directions: Hwy 10 to Hickory Lincolnton Highway, before the curve last driveway on right, dirt road, keep straight, do not
go to end, it is a brown sided house
Authorization to Construct Permit
Permit Category: Repairs Wastewater Flow: 360 g.p.d.
Type of Facility: Primary Residence- Repair
Basement? No Basement Plumbing? No Bedrooms: 3
Water Supply: Private Well Maximum Occupants: 6
Soil LIAR: 0.3 g.p.dift2
WASTEWATER SYSTEM REQUIREMENTS
Proposed Wastewater System: 25% REDUCTION
System Classification: IIIG-OTHER NON-CONY TRENCH SYSTEMS
Septic Tank: New Tank: 1.000 gal
Pump Tank _gal Grease Trap_gal
Dosing Volume gal Pump Specs: GPM @ TDH
Pressure Head ft Draw Down in
Drainfleld: Total Area: 906 sq ft Total Trench Length: 302 ft
Aggregate Depth: in Maximum Trench Depth on Downhill Sidewall: 30 in
Minimum Soil Cover: 6 in Minimum Trench Separation: 9 ft on center
Number of Drain Lines: 3 Trench Width: 3 ft
Distribution: Serial
Pre Treatment: NONE
Additional Specifications:
*Install new 1000 gal septic tank and 302 feet of 25% reduction product according to manufacturer
specifications.
*Existing septic tank must be properly abandoned(pumped, crushed and filled).
*All septic system areas must remain 10 feet from property lines and 15 feet from overhead power lines.
*The surveyor must stake the septic supply line easement.The supply line must be installed in the easement
area.
See also attached site plan.
Landscaping or other site alterations that potentially divert groundwater or surface water toward the septic system, or prevent
proper drainage away from the septic system, including the direction of gutter flows or foundation drains, is not approved, and
may result in failure to approve the initial system installation, or the suspension/revocation of existing permits.
>>>>> Do not install system under wet conditions <<<<<
PROPOSED REPAIR
Repair System Required? Not Required,has space Soil LTAR: g.p.dlft2
Proposed System:
System Classification:
AN-nine 08/01/2022 10:16
....11 , CATAWBA COUNTY Case# AUTH-02-2022-165529
Public Health Department Subdivision
Environmental Health Division PIN# 361801056453
• PO Box 389,25 Government Drive,Newton,NC 28658 LOT# TR C
Site Address: 4053 HICKORY LINCOLNTON HWY, NEWTON NC 28658
Name on Permit: MARY OGLE
Property Size: Acres 3.05
Directions: Hwy 10 to Hickory Lincolnton Highway,before the curve last driveway on right,dirt road,keep straight,do not
go to end, it is a brown sided house
The issuance of this permit by the Health Department does not guarantee the issuance ot'other permits. It is the responsibility of the applicant
/property owner to insure that all Catawba County Planning/Zoning and Building Inspections requirements are met. This Authorization to
Construct Permit is subject to revocation if the site plan,plat or the intended use changes,or if site conditions are altered. The Authorization to
Construct Permit is not affected by a change in ownership of the property. This permit was issued in compliance with the provisions of the
North Carolina'Laws and Rules for Sewage Treatment and Disposal Systems' (15A NCAC 18A.1900). Neither Catawba County nor the
Environmental Health Specialist warrants that the septic tank system will continue to function satisfactorily for any given period of time.
Any permit issued for a conventional system may be used for an accepted system without Environmental Health authorization or permit
modification. Please notify Environmental Health of this change prior to system installation.
371V — 1(>117(
07/27/2022
Authorized State Agent Permit Issuance Date
7/27/2027
Permit Expiration Date
No grading or construction activity is allowed in areas designated for system and repair without approval of the Health Department.
elipennit 08/01/2022 10:09
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3758-0346 FILED ELECTRONICALLY
CATAWBA COUNTY NC
DONNA HICKS SPENCER
FILED Jul 21, 2022
AT 04:19:00 PM
BOOK 03758
START PAGE 0346
END PAGE 0352
INSTRUMENT # 16157
EXCISE TAX $0.00
North Carolina Site:4053 Hickory Lincolnton Hwy
Catawba County Project Number:44604923
North Carolina
Distribution Encroachment Agreement
for Nitrification Field Encroachments
THIS NORTH CAROLINA DISTRIBUTION ENCROACHMENT AGREEMENT FOR
NITRIFICATION FIELD ENCROACHMENTS ("Agreement"), made this day
of , 20 , by and between DUKE ENERGY CAROLINAS, LLC, a North
Carolina limited liability company("Duke Energy"), and MARY BETH OGLE ("Grantee").
• Grantee is the owner of a 3.050-acre lot of land situated in Jacobs Fork Township, Catawba
County, North Carolina, and being the land described in a deed to Mary Beth Ogle, dated
April 29, 2004, Deed Book 2572, Page 912, all Catawba County Registry(the"Property");
• Duke Energy has previously acquired a Thirty (30) foot wide easement area over the
Property on which easement area Duke Energy maintains and operates electrical facilities
(the"Easement Area"); and
• Grantee desires to use a portion of the Easement Area for the construction, installation,
operation, and maintenance of a nitrification field(the"Encroachment").
NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein
contained, Duke Energy, insofar as Duke Energy's rights are concerned, hereby authorizes
Grantee, his heirs and assigns, ingress and egress to construct, install,operate,monitor,repair,and
maintain the Encroachment within the Easement Area upon the following terms and conditions:
1. Grantee shall construct,install,operate and maintain the Encroachment as shown on a map,
dated May 27, 2022,and entitled "SEPTIC SUPPLY LINE EASEMENT SURVEY FOR:
MARY BETH OGLE,"which is attached hereto as Exhibit A and incorporated herein by
reference (the "Map"). Other than removing the Encroachment, Grantee shall not alter or
1
submitted electronically by "Duke Energy"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Catawba County Register of Deeds.
3758-0347
add to the Encroachment in any way without receiving prior written consent from Duke
Energy. Should Grantee perform any work in the Easement Area without the prior written
consent of Duke Energy, should it fail to perform the work in a mariner consistent with the
specifications approved by Duke Energy, or should the Encroachment threaten any Duke
Energy facility, then Grantee shall be liable to Duke Energy for any costs Duke Energy
incurs while remedying actual or potential threats to Duke Energy's facilities arising from
such work.
2. This Agreement shall automatically terminate upon complete removal of the Encroachment
by Grantee. Should the encroachment no longer be required for the facility it is designed
to serve,this Agreement shall be terminable by Duke Energy upon ninety(90)days written
notice of Duke Energy's desire to terminate.
3. Duke Energy shall have the right to install at any time additional structures for the support
of its present or future electric lines within the Easement Area. Duke Energy agrees to
locate these additional structures, if reasonably possible, so as not to obstruct use of the
Encroachment and in compliance with 15A NCAC 1 SA.1950.
4. Grantee may plant low-growing shrubbery on and around the Encroachment provided that
Duke Energy shall have necessary access to its structures for maintenance purposes. Any
trees or shrubs in the Easement Area shall not be permitted to reach a height of more than
twelve(12) feet. If any such trees or shrubs do reach a height of more than twelve(12) feet,
then Duke Energy shall have the right to remove them without removing the stumps if
removal could damage system.
5. Grantee shall not place, or cause to be placed, a septic tank or any related device,
constructed of any material type, in Duke Energy's Easement Area other than inert piping
for septic draining purposes.
6. Grantee shall, upon request of Duke Energy and at no cost to Duke Energy, erect barriers
around the Encroachment area or existing facilities owned or operated by Duke Energy.
Barriers shall be of an acceptable size and construction to Duke Energy. Once installed to
Duke Energy's specifications, Grantee shall not be liable for the costs of relocating or
replacing any barrier that is later determined by Duke Energy to hinder its access to the
facilities or Easement Area.
7. Grantee shall not utilize any equipment within Duke Energy's Easement Area in such a
manner that any portion of said equipment would come any closer than fifteen (15) feet
from any conductors of its electric lines. Grantee's operation of equipment and use of
materials within Duke Energy's Easement Area shall adhere to applicable federal, state,
and local laws, rules and regulations, including the guidelines set forth by the National
Electrical Safety Code(NESC),the OSHA Standard for equipment minimum safe working
distances,and the North Carolina Overhead High-Voltage Line Safety Act(OHVSA).
S. Grantee shall be liable for, and shall indemnify, protect, and save harmless Duke Energy
from any taxes or assessments which may be levied for or as a result of the Encroachment.
2
3758-0348
9. Duke Energy shall not be liable for any damage to the Encroachment resulting from Duke
Energy or its contractors in the construction, reconstruction, replacement,maintenance, or
removal of Duke Energy's present or future facilities.
10. Grantee shall not do any digging, grading, or filling nearer than Five (5) to any of Duke
Energy structures or anchors and any slopes within the Easement Area shall be no greater
than a one to four ratio.
11. Grantee shall not do any filling or piling of earth on Duke Energy's Easement Area unless
shown on the Map and approved by Duke Energy. The surface of the Easement Area shall
be properly graded,raked,and seeded after construction of the Encroachments is complete.
12. Duke Energy may have facilities (e.g. counterpoise wires) buried in the vicinity of the
Encroachment. Grantee shall exercise diligence to avoid damaging any underground
facilities, will notify Duke Energy immediately if any damage does occur, and reimburse
Duke Energy for the costs of any repairs made necessary by such damage.
13. The Encroachment is subject to the paramount right of Duke Energy at all times to make
use of Duke Energy's entire Easement Area for the construction, maintenance,
reconstruction, and operation of electric lines. In the future, Duke Energy may require,
within the N.C.G.S. I30A statute and the 15A NCAC .1900 rules, the relocation or
modification of the Encroachment, and Grantee shall comply with the demand at no cost
to Duke Energy within ninety (90) days after receipt of the written demand.
14. This Agreement is effective only insofar as the easement rights of Duke Energy in the
Easement Area are concerned; and Grantee shall obtain from others such permission and
permits as may be necessary from third parties.
15. Grantee assumes all risks incident to the Encroachment and does hereby release and shall
indemnify, defend, and save harmless Duke Energy, its officers, directors, employees,
contractors,and agents from and against claims,damages,demands, legal or administrative
actions (formal or informal), expenses (including reasonable attorney's fees and court
costs), and liability (whether or not such liability has been judicially determined) for toss
of or damage to property of Grantee, Duke Energy or others, (including environmental
damages and hazardous or toxic waste cleanup) and injuries to or death of all persons,
howsoever resulting,by reason of Grantee's use of the Encroachment.
16. The recitals set forth at the opening of this Agreement are incorporated herein as if fully
restated in this Section 16.
1 7. Should Grantee desire or be required to contact Duke Energy for any reason related to this
Agreement it shall contact Duke Energy's customer service center and request to speak to
the land services group.
3
3758-0349
18. This Agreement shall be governed by the laws of the state of North Carolina without regard
to the conflicts of law provisions therein. The parties agree that the proper venue for any
dispute related to this agreement are the courts located in county in which the Property is
located, and the parties hereby submit to the jurisdiction thereof
19. This Agreement contains the complete understanding of the parties and shall supersede any
prior and contemporaneous communications, agreements, and assurances related to the
subject matter of this Agreement. Any modification of this Agreement must be agreed to
in writing and signed by the parties. The parties agree that the Easement shall remain in
full force and effect. The only modifications to the terms thereof,caused by the Agreement,
shall be those which are expressly stated in this Agreement.
20. The failure of Duke Energy in any one or more instances to insist upon compliance with
any provision or covenant herein or to exercise any right or privilege herein shall not
constitute or be construed as a waiver of such or any similar provision or covenant.
21. This Agreement shall be recorded at Grantee's sole expense.
[Remainder of Page Left Intentionally Blank].
4
3758-0350
IN WITNESS WHEREOF,Duke Energy and Grantee have caused this Agreement to be signed
under seal in their names,as of the date first above written.
DUKE ENERGY CAROLINAS, LLC (SEAL)
a North Carolina limited liability company
By: t' & �4 (SEAL)
Name:
Title:f" 0�4=41414,- — Sgrr...bc&S
STATE OF NORTH CAROL[NA
COUNTY OF Wake.
The foregoing document was acknowledged before me this_ day of July 201Z-
by Caro I Lo , as a5er— Lana S'er+Ac a of
DUKE ENERGCAROLINAS, LLC, a North Carolina limited liability company, who is
personally known to me or af4dentification,
Now)? Kiblic:c0a11414A4444LMy Commission Expires:, v2,1/402
A.
Printed Name:)payrl1S Iltair!S [Affix Notary Seal Nrrej
Dennis F. Daniels
Notary Public
Wake County
North Molina
5
• 3758-0351
IN WITNESS WHEREOF,Duke Energy and Grantee have caused this Agreement to be signed
under seal in their names, as of the date first above written.
ilia/14/ gegA-
p" (SEAL)
Marykneth Ogle i
STATE OF NORTH CAROLINA
COUNTY OF
The foregoing document was acknowledged before me this C\ day of )VL
202Zby Mary Beth Ogle, who is personally known to me or who has produced klUercs tc,.s z*as
identification.
Notary Public: My Commission Expires: Li 1a?1
Printed Name: [dJf..,v n.. &N.lM, J
ASHLYN M MCCANN
Notary Public
Alexander Co.,North Carolina
My Commission Expires Apr.27,2028
6
•
3758-0352
•
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I)N.SITE WAT1.R PROII:CIION IIRANCI I COUNTY roW+rrt
SOIL/SITE EVALUATION
for ON-SITE WASTEWATER SYSTEM
(Complete all fields in ruin OWNER: 4 /Q)* __ APPLICATION DATE f hip:
ADDRESS: DATE EVALUATED:_Ili'
PROPOSED I ACILIIY: -e i.___._._ PROPOSED DESIGN FLOW(.I949): 3(0 G4,D PROPERTY SIZE:
LOCATION O1'SITE;_.0433._iliape,__L!1Gltho_.ftidyt IV./N r;_A'C ZI S$ PROPERTY RECORDED:
WATER SUPPLY: Ie rivtuc L I Public 1 Icll U Spring lJ Other ,
EVALUATION METHOD: I.I Auer Boring KIN, I 1 Cut TYPE OF WASTEWATER: f�f Sewage I i Industrial Process I l Mixed
• I •P
KSOIL MORPHOLOGY OTHER
ui' (.I941) PROFILE FACTORS' .1940
e LANIISCAPF. 11URIZON
rosl'I mNI DI 1''rll 1942PHOP'1Lt:w SL.OPE•4 (IN.) .1941 .19i1 SOIL .1943 .I9Sb ,1944 ('LASS
STRUCTURE/ CONSISrt:NCF:I Wk:'1'NE.sSI SOIl. SA PRO RKSI'R &LAAR
'r1:xTIIRI MINERALOGY COLOR UEPrtI ('LASS 11(1RIZ
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DESCRIPTION INITIAL,SYSTEM REPAIR SYSTEM OTHER FACTORS(,1946): Pc
/T/ SITE CLASSIFICATION(.1948):
�f
Avuilebk Spots(.1945) �Jt /1�I/ l.
`///�J EVALUATED BY: r -
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Salem Types) Z5 gl0 '! I OTHERS)PPE!F : G•14,n.i+�p(
Site LIAR O: __�� -- -- - - - -�- - --- - - ---— ,
1 COMMENTS:
Updated Pobruar►•2014
Catawba County Environmental Health
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Parcel: 361801056453, 4053 HICKORY tin=60ft
LINCOLNTON HWY NEWTON, 28658
This nip/report product was prepared horn Ihn Catawba County,NC CIOCIspnlial InMminllon Soi i1eos Catawba County has mode substantial efforts
to ensure the accuracy of location and Inbelulg Infarnullton con nlnntl on I11 r map uI 11a(rl on Ibis IUJKal t'niri.t4l Uwllly pn1n1 os and recommends
tie independent vorrficatlr 'i of ally ditto(x)rtloitled on Ills nulpll meal pa duct Iry Ur+uiun I hit County of Catawba,Its emploiVes.twills.and
personnel.drsdalm,nod shall Ilul be held noble Iul any and nl dmm�unu,Mien or Ilahillly whether diltid,hulloed or conso unnbal wh1191 arises or may
arise from this maplreporl product or!ha use thereof by any portion ar unuty
Copyright 1t 2I C.ninwtia County NC
02111/2022