HomeMy WebLinkAboutOP-11-2022-184275.TIF CATAWBA COUNTY Case# OP-11-2022-184275
Public Health Department Subdivision MOONLITE BAY
-. Environmental Health Division PIN# 460604843059
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PO Box 389,25 Government Drive,Newton,NC 28658 LOT# 52
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Site Address: 4955 SURFWOOD DR,SHERRILLS FORD NC 28673
Name on Permit: THOMAS NORWOOD
Property Size: Acres 0.47
Directions: Hwy 150,L on Slanting Bridge, L on Vista View, L on Surfwood, Lot on Left
Operation Permit
Permit Category: New Septic Wastewater Flow: 360 g.p.d.
Type of Facility: Primary Residence-
Basement? No Basement Plumbing? No Bedrooms: 3
Water Supply: Private Well Maximum Occupants: 6
System Type: IIIE-PPBPS GRAVITY DOSED SYSTEM
Description: 50%REDUCTION PPBPS VERTICAL
System Code: PPBPS System Code Description: PPBPS
Types V and VI systems expire in 5 years.
Owner must contact Environmental Health 6 months prior to expiration for permit renewal.
System Installation Comments:
PERMIT CONDITIONS:
1.All maintenance,monitoring,&performance requirements shall be in accordance with 15A NCAC 18.1900, Rule.1961 "
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2.Operation&Maintenance Specifics:
Subsurface system operator required? Yes No_X_
This system has been installed in compliance with applicable NC General Statutes,Rules for Sewage Treatment and Disposal.
SPECALITY SEPTIC 1139 11/11/2022
System Installer Installation Date
11/11/2022
Authorized State Agent Permit Issuance Date
Form F
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3779-1857 FILED ELECTRONICALLY
CATAWBA COUNTY NC
DONNA HICKS SPENCER
----------------
FILED Nov 10, 2022
AT 03:37:00 PM
BOOK 03779
START PAGE 1857
END PAGE 1862
INSTRUMENT # 24217
EXCISE TAX $0.00
Prepared by: Duke Energy Carolinas,LLC Site Address:4955 Surfwood Drive
Return to: Duke Energy Carolinas,LLC Sherrills Ford,NC 28673
Attn: Susan Cannella Parcel; 460604843059
North Carolina
Distribution Encroachment Agreement
for Nitrification Field Encroachments
State of North Carolina
County of Catawba
THIS NORTH CAROLINA DISTRIBUTION ENCROACHMENT AGREEMENT FOR NITRIFICATION
FIELD ENCROACHMENTS (this"Agreement")is made and entered into this 1014day of No tiember 20 2,2, by
and between DUKE ENERGY CAROLINAS,LLC,a North Carolina limited liability company("Duke Energy")and
MARION THOMAS NORWOOD,UI("Grantee").
• Grantee is the owner of a .46 acre parcel of land situated in Mountain Creek Township, Catawba County, North
Carolina,and being the land described in a deed from Otis Mull Meacham and Linda S.Cooke,Trustee of the Byron
S.Cooke Revocable Trust Agreement Dated May 15,2013 to Marion Thomas Norwood,III recorded in Deed Book
3598,Page 820,County Register of Deeds(the"Property");
• Duke Energy has previously acquired a fifteen(15) foot wide easement area over the Property on which easement
arca Duke Energy maintains and operates electrical facilities(the"Easement Area");and
• Grantee deaires 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,their heirs,successors,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 10/20/2022,and
entitled "SEP?'IC ENCROACHMENT SURVEY OF 4955 SURFWOOD DRIVE", which is attached hereto as
For Grantees Internal Use:
Work Order# 46494693 I of 5
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.
3779-1858
Exhibit A and incorporated herein by reference(the"Map").Other than removing the Encroachment,Grantee shall
not alter or 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 manner 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 18A.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).
8. Grantee shall be liable for, and shall indemnify, protect, and save harmless Duke Energy from any taxes or
assessments which may be levied far or as a result of the Encroachment.
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) feet 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.
Far Grantee's internal Use:
Work Order b:46494693 2 of 5
3779-1859
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. 130A 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 loss 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.
17. 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.
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]
For Grantee's Internal Use:
Work Order#:46494693 3 of 5
3779-1860
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: 9
Y � � � � �� � (SEAL)
Name: 4- A L(
Title: (liyl 0 (r{/] Ili/} L�y+CCt/J
STATE OF NORTH CAROLINA
COUNTY OF Mole,
The foregoing document was acknowledged before me this day of /i Q tie_rs42t?t !a 2022,b"mob G..ty as
MOVityr LtxvA Scry ces of DUKE ENERGY CAROLINAS, LLC, a North Carolina limited liability
company,who is personally known to me orwho-hrrrprodaced mac ideutifcatiaa
f tee "' J4UL4
Dennis F. Daniels Official signature of Notary Public
Notary Public 2J7fr1k F !d Yl 15
Wake County Notary Public printed or signed name
North Carolina t 1 7
My Uommission expires:
For Grantee's Internal Use:
Work Order#:46494693 4 of 5
3779-1861
IN I MESS WI1EZEOF, Grantor has signed this Easement under seal effective this o" day of
/IDV �r' , 20a�o
(4444 (SPAT.}
MARIONTHOMAS N RWOOD,n'[
STATE OF_14 o CAro L irt,e4_,
COUNTY OF tr 4 t
I, Reather 14. Postry--„ , a Notary Public of (rya 1I County, State of
N offh Coro i n ,certify that MARION THOMAS NORWOOD,ICI personally appeared before me this day
and acknowledged the due execution of the foregoing EASEMENT.
Witness my hand and notarial seal,this ja*day of ND it,41", r ,20 22. _
`lll11,a i1rri
, . �H, AO`•,,, Notary Public:14.e..&4 , eta. %
- Commission expires: ,,, 02 3
My Comm.Exp•
1-2-2023 U
%�f��' AtJC31.�0
, F C.cO."
Far Grantee's Internal Use.
Work Order fi:46494693 5 of 5
3779-1862
_X[i1LlfliJ 1
DON A L L E N ik A S S o C .T A "T E S . P. A.
Commercial + Neskienikd surveys • urn—fvrt,iy
Construction Shskin • saradmigoe Desagn ' Toc o rriptiiec1
131 Cromdake Pair 0r - Suite 102 • Mom•av4Ne • NC • 28117
(704) 684-71:129 (704) 6 4-t104t Fax
I, certify that th s map was drown under my supervision from on actual
survey made under my 9upeEvIsTon recorded In deed book 3S9tt page 0820 , and/or
plat book 12 page 23_. , that the ratio of precision Is 1':10,000, That this map
was prepared In accordance with the General Statutes of North Carolina Chapter 89C.
my hand and seal on the 20 day of _OCTOM
A.D. 20 22 __. •
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CHRISTOP.HER H. 111ASHBURN { JO ANNPs Y. SCHROTENBOER
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