HomeMy WebLinkAbout20190513_Application Wehner, Judy
From: Wehner,Judy
Sent: Monday,June 17, 2019 4:19 PM
To: Phillip Pressley
Subject: RE: [External] Garner Buffer Impact
This office is ok with the requesy.
From: Phillip Pressley<Phillip.Pressley@martinmarietta.com>
Sent:Thursday,June 13, 2019 8:17 AM
To:Wehner,Judy<judy.wehner@ncdenr.gov>
Subject: [External] Garner Buffer Impact
Hi Judy,
I hope you are well. DOT recently installed a new pipe under East Garner Road to drain water from property on the
south side of the road on to Garner Mine (Permit No. 92-01) Property. Due to natural topography,we need to use a
combination of piping and ditching to get this water into our pit. Recent rain events have caused water to back up onto
the southern adjacent property. We would like to be a good neighbor and help drain this water. However,some of the
piping/ditching will cut across our buffer. No trees will be removed and vegetation will be reestablished upon
completion of the project. Below is a portion of the approved mine map with an area indicating the impacted
area. Please let me know if you have any objections.
1
j' FUTURE
Plant..Stockpile Area ` —PST` 1
\ Fuel"
Shap 1
�
Cbo Lay StcMnF
� (<ll Syuem p
Lab
Ttargin MBfi to SD i s
I \ �Martin'Mariena
r \ East
PMI 47 ACRES PROPOSED TO I r }I{
\ / BE RELEASED. WWW
� � J
Phillip N. Pressley, PE
Sr. Environmental Engineer NC East District
Martin Marietta
2700 Wycliff Road Suite 104, Raleigh, NC 27607
t.(919)783-4505 m.(919) 649-9143 f.(919)787-9577
e.phillip.presslev@martinmarietta.com
www.martinmarietta.com
2
Wehner, Judy
From: Miller, David
Sent: Friday, June 14, 2019 7:36 AM
To: Wehner,Judy
Subject: RE: [External] Garner Buffer Impact
All right with me.
David
From:Wehner,Judy
Sent:Thursday,June 13, 2019 3:12 PM
To:Smith, Danny<danny.smith@ncdenr.gov>;Vinson,Toby<toby.vinson@ncdenr.gov>; Miller, David
<david.m i I ler@ ncden r.gov>
Subject: FW: [External] Garner Buffer Impact
You all ok with this?
From: Phillip Pressley<Phillip.Presslev@martinmarietta.com>
Sent:Thursday,June 13,2019 8:17 AM
To:Wehner,Judy<ludv.wehner@ncdenr.gov>
Subject: [External] Garner Buffer Impact
Hi Judy,
I hope you are well. DOT recently installed a new pipe under East Garner Road to drain water from property on the
south side of the road on to Garner Mine (Permit No. 92-01) Property. Due to natural topography,we need to use a
combination of piping and ditching to get this water into our pit. Recent rain events have caused water to back up onto
the southern adjacent property. We would like to be a good neighbor and help drain this water. However, some of the
piping/ditching will cut across our buffer. No trees will be removed and vegetation will be reestablished upon
completion of the project. Below is a portion of the approved mine map with an area indicating the impacted
area. Please let me know if you have any objections.
1
FUTURE
P111juSfockpile Arca —PIT
r ;
Feet
o r C�
U'w t
Marten\Safi u ` Cil I1
PARTGi P�`..EASE 7L21'of I .�
+'ACM MOPOAD TO N1{
9E P UASED �1NM:M H INIHNMN
Hwoow
Phillip N. Pressley, PE
Sr. Environmental Engineer NC East District
Martin Marietta
2700 Wycliff Road Suite 104, Raleigh, NC 27607
t.(919) 783-4505 m.(919) 649-9143 f.(919) 787-9577
e.Phillip.PressleyC@martinmarietta.com
www.martinmarietta.com
2
Wehner, Judy
From: Smith, Danny
Sent: Thursday,June 13, 2019 4:24 PM
To: Wehner,Judy
Subject: RE: [External] Garner Buffer Impact
I do not have a problem with this. Are you okay with it?
DAnny
From:Wehner,Judy
Sent:Thursday,June 13, 2019 3:12 PM
To:Smith, Danny<danny.smith@ncdenr.gov>;Vinson,Toby<toby.vinson@ncdenr.gov>; Miller, David
<david.m iller@ncdenr.gov>
Subject: FW: [External] Garner Buffer Impact
You all ok with this?
From: Phillip Pressley<Phillip.Presslevftmartinmarietta.com>
Sent:Thursday,June 13, 2019 8:17 AM
To:Wehner,Judy<iudv.wehner@ncdenr.gov>
Subject: [External] Garner Buffer Impact
Ss you verify suspicious email as an attM"ment to
Hi Judy,
I hope you are well. DOT recently installed a new pipe under East Garner Road to drain water from property on the
south side of the road on to Garner Mine (Permit No.92-01) Property. Due to natural topography,we need to use a
combination of piping and ditching to get this water into our pit. Recent rain events have caused water to back up onto
the southern adjacent property. We would like to be a good neighbor and help drain this water. However,some of the
piping/ditching will cut across our buffer. No trees will be removed and vegetation will be reestablished upon
completion of the project. Below is a portion of the approved mine map with an area indicating the impacted
area. Please let me know if you have any objections.
1
FUTURE
} MaluSlockpHe Area ` —PIT
. rat
S 'PI
r - c7oxt ` 5acq:
Lag scalor Q
\tutor NIAH LA
I ( �\futin�iuictt� "r.ti
( ti
( CA
lAR1rALrf6b13£-lOMT
` ( itAt►ESN FIL ASED NINNMHNN�
ee v�sm
i
Phillip N. Pressley, PE
Sr. Environmental Engineer NC East District
Martin Marietta
2700 Wycliff Road Suite 104, Raleigh, NC 27607
t.(919)783-4505 m.(919)649-9143 f.(919)787-9577
e.phiIliP.iiresslev@martinmarietta.com
www.martinmarietta.com
2
Wehner, Judy
From: Phillip Pressley <Phillip.Pressley@martinmarietta.com>
Sent: Thursday,June 13, 2019 4:05 PM
To: Miller, David
Cc: Wehner,Judy;Vinson,Toby; Smith, Danny
Subject: Re: [External] Garner Buffer Impact
Hi David,
I hope you are well.All discharge will flow into the pit,which will then be treated in the pit sump and then the
freshwater pond prior to leaving the site. No new controls will be needed. All disturbed buffer areas will be replanted
promptly.
Phillip
Sent from my Whone
On Jun 13,2019, at 3:53 PM, Miller, David<david.miller(a)ncdenr.¢ov>wrote:
EXTERNAL MAIL
Phillip,
How big of a ditch? Does it require any control devices.
David
From:Wehner,Judy
Sent:Thursday,June 13, 2019 3:12 PM
To:Smith, Danny<dannv.smith(a)ncdenr.aov>,Vinson,Toby<tobv.vinson(dncdenr.gov>; Miller, David
<david.miller@ncdenr.eov>
Subject: FW: [External] Garner Buffer Impact
You all ok with this?
From: Phillip Pressley<Phillip.PressleV(almartlnmarletta.COm>
Sent:Thursday,June 13,2019 8:17 AM
To:Wehner,Judy<Ludy.wehner@ncdenr.Rov>
Subject: [External] Garner Buffer Impact
Hi Judy,
t
I hope you are well. DOT recently installed a new pipe under East Garner Road to drain water from
property on the south side of the road on to Garner Mine (Permit No.92-01) Property. Due to natural
topography,we need to use a combination of piping and ditching to get this water into our pit. Recent
rain events have caused water to back up onto the southern adjacent property. We would like to be a
good neighbor and help drain this water. However, some of the piping/ditching will cut across our
buffer. No trees will be removed and vegetation will be reestablished upon completion of the
project. Below is a portion of the approved mine map with an area indicating the impacted area. Please
let me know if you have any objections.
<i mage004.png><image002.jpg>
Phillip N. Pressley, PE
Sr. Environmental Engineer I NC East District
Martin Marietta
2700 Wycliff Road Suite 104, Raleigh, NC 27607
t.(919)783-4505 m.(919) 649-9143 f.(919)787-9577
e.Phillip.Pressley@martinmarietta.com
www.martinmarietta.com
2
Wehner, Judy
From: Phillip Pressley <Phillip.Pressley@martinmarietta.com>
Sent: Thursday,June 13, 2019 8:17 AM
To: Wenner,Judy
Subject: [External] Garner Buffer Impact
Hi Judy,
I hope you are well. DOT recently installed a new pipe under East Garner Road to drain water from property on the
south side of the road on to Garner Mine (Permit No.92-01) Property. Due to natural topography,we need to use a
combination of piping and ditching to get this water into our pit. Recent rain events have caused water to back up onto
the southern adjacent property. We would like to be a good neighbor and help drain this water. However, some of the
piping/ditching will cut across our buffer. No trees will be removed and vegetation will be reestablished upon
completion of the project. Below is a portion of the approved mine map with an area indicating the impacted
area. Please let me know if you have any objections.
r FUTUF�E
Plant Stockpile Area ` —PIT-- )
Fud
sbop1
Closed ` '�y Spop�_
i.ay SenlmF
QGcU S}x�ss, Patttmg. . LJ
WS
\ Martin Mari a 1 J
\ tut•
1MartinMariena
Garner oa
PARTIALACRES PROPOSEDTO 1 \
atRELFASM � HµH1HMFN �HHkiN
i
r.
t
Phillip N. Pressley, PE
Sr. Environmental Engineer I NC East District
Martin Marietta
2700 Wycliff Road Suite 104,Raleigh, NC 27607
t.(919)783-4505 m.(919) 649-9143 f.(919)787-9577
e.Phillip.Pressley@ martinmarietta.com
www.martinmarietta.com
2
Wehner, Judy
From: Harris, David B
Sent: Wednesday, May 15,2019 3:28 PM
To: Wehner,Judy
Subject: Fwd: [External] Fwd: Garner Mining Permit Update
Attachments: STWooten_421f8a41-9709-496d-a97e-e5175581e618.png;ATT00001.htm;
Facebook_faf60875-a4c8-4f29-9946-Old2a7944a53.png;ATT00002.htm; Linkedln_
89ab2e8f-e6de-43b4-8373-09cOcb32aa95.png;ATT00003.htm;
Twitter_b339d345-9df1-4180-8c01-Ob9clfba5ebc.png;ATT00004.htm;
19.5.9.Garner.Mine.Letter.Release.East.Garner.Bridge.Relocation.pdf;ATT00005.htm;
19.5.9.Garner.Mine.Map.APPROVED.pdf;ATT00006.htm
Judy,
I was sent this. We just need to know what we need to do next.
David
From: Hancock, Ronald A
Sent:Wednesday, May 15,2019 2:07:08 PM
To: Peoples,Christopher A; Harris, David B
Subject: Fwd: [External] Fwd: Garner Mining Permit Update
Begin forwarded message:
Resent-From:<SR50=3DvO=TP=stwcorp.com=ionathan@securence.com>
From:Jonathan Bivens<Jonathan(astwcorp.com>
Date: May 15,2019 at 2:02:48 PM EDT
To:"rhancockPncdot.eov" <rhancockCdncdot.aov>
Cc: Greg Nelson <G Nelson CcDstwcorp.com>, Michael Alford<Michael.Alford(Mstwcorp.com>, Matthew
Davis<Matthew.Davis@stwcorp.com>,Andy Barry<Andy.Barrv(@stwcorp.com>
Subject: [External] Fwd:Garner Mining Permit Update
Ron,
Martin Marietta is good with us clearing and proceeding based on attached letter.We have also
attached a copy of the site plan to show where buffer is required.This frees us up to proceed but we still
need to resolve screen so the R/W can be finalized.Thanks
Jonathan Bivens
S.T.Wooten Corporation
Office: 252-291-5165
Mobile: 919-669-9193
1
Jonathan Bivens, P.E.
Vice President
Engineering &Design-Build
Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties.
2
.,�::. -- sanw cnnnanrron Plan ro.ee�
Pnaang
Ifnxdad kanom Il.uk Sf-A EoI.
Ifr. ..M.ANI ad ingu c9....I -'I. n
accoN n8 w 0¢rm'cgcmlmn Plan on 1M1c
- • � .% Ona11a5hm.
Phase 2 PLasc l `••
5 Iminll T0.1).T0.12.and ST-A Gm.
AN,IT0.11.and Sf-Afm Alkr gradin8 is complel ulb
.OMi 10dh.cmpku.sc lau ..M,ne 101h0 rmngnumn Plan an
ffi.DO 8101ha re.c6clallan Play On eu M1.115h.
IM1c D91ula Shttl.
Im
t
� I
f
I
\\ I
wIDRE PIT 1 li
EXISTING PIT
I
rumn
I
a
�a
A,-_ ' n
�I <I
I�
i
e,,.- .n �, Px ee.usari.aro aul�iinx
°�'o N.aaraP
—' hff E MAP-MAY 2019 PARTIAL R EASE
you. • _ _ _ 11ANNMWANRT
WAKE COIIMY.W
Co env I Pe—L NO.:82-01
Wehner, Judy
From: Harris, David B
Sent: Wednesday, May 15, 2019 8:42 AM
To: Miller, David;Wehner,Judy
Cc: Vinson,Toby
Subject: Fwd: [External] 1-5111 1-40 Widening-Martin Marietta R/W Screening
Attachments: 4606_OO1.pdf
David and Judy,
I will give you more details on this issue, but here is what I was sent.
David
From: Hancock, Ronald A
Sent: Wednesday, May 15, 8:31 AM
Subject: Fwd: [External] 1-5111 1-40 Widening-Martin Marietta RNV Screening
To: Harris, David B, Peoples, Christopher A
Begin forwarded message:
Resent-From: <SRSO=vAvu=TK=stwcoro.com=ionathan()securence.com>
From: Jonathan Bivens <Jonathan(5stwcoro.com>
Date: May 10, 2019 at 2:04:20 PM EDT
To: "Hancock, Ronald A" <rhancock(a)ncdot.gov>
Subject: [External] 1-5111 1-40 Widening-Martin Marietta R/W Screening
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email
as an attachment to reoort.soarn(ftc.aov
Ron,
Please find attached the two plan sheets that show the R/W takes on their Garner Rd. Quarry site as we
discussed yesterday. Feel free to use them in discussions with DEQ to determine what type of screen will be
required for the NCDOT to reimburse them for as part of R/W settlement. In order to proceed with construction,
Martin Marietta would like to have them issue a memo waiving requirements for screen for some period while
R/W is being settled and to allow time to install new screen. Please let me know if there is other
information required or if you would like me to meet with DEQ. Thanks.
Jonathan Bivens, P.E.
Vice President
Engineering & Design-Build
t
Emat)correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties.
2
e:'oi"'"a+,n, "`.:nroi,u• o rrcg �11 :1
ty
re15�, h CS `� � .ten � • s ��. ��-o Y in
r I �•�r- O 4
C � _
RKsr![
! illy-
.......
3
8
e Z
Q
i
E�rn.ve aiw �i
)E*
l Air....• '� h �lj �y�A 3 tl p
-
I #
v
�,,� �/w �..�. w„•Y - G� A,�1,Y�1s:o «y `� s ,,,,�o�`s'r-s',.,,�°a
tll vAt.it .'OIwWSA 111[[Vr%oSY tltllllK.R � �
�T
/'�/U sKU+txg
� k §
mm �
e a
Pow
- 9
Q
("lFMzp.'?�� .
.. .NUA-P>.. .Jst+. S -,,.r - F'c —r r� �'�ns .r•• f", ,!- y
r
`t �i. ,� ♦$� $I C...- L. �.ifx'Ur`°'zi� �i..i r A .e[ a F' ^"�'r3�ii.
w rr{ a' •�`�•'u5ca-° 14
w4!°+l�i�/
.i•��\ a.Ta s. - �� 5?a.s. v tj�, Rtt � S-w � r.✓ _ �' �E:` 1 +.�� r � .s�`�_ �t -.
— .esa;sa v, � �� r ,_- ,€.._� `�^�,id ��e C : -3�� ��'c��.e,�.�� o. ��*r` �,� �.s.,o' u �� :
�rEkN'K aTLF�3EY� *S•kj,, _\ .?el
3
a,
� " a /_` _` "�r •._�e'�lvv� �� ilk n:- tT `� �:..y3r
�+r• v
a NU
F
y � '
E.
r ,,
a
''A
r
.'K
�� av
��-.�� �' _ �� r. „a• .h-1?4�"Ts �G��tf .,,. a �Se
r " .., a `°•'.:�'� s'` 4L'vi7�.'l. `'tb'xz' "ir�^S_,,+rr_�.
o�rc_A" .v.';`�;s,Fr-� s ' �'£ ,u.� ��,.✓r'"".� ? "£1",S�"�,y•`!�t•JL`,z��"�A�"*3c„
....,w - -'7e.+ a/' �.Rx Ki�'✓ �' -r3 11 <'^�w'_Y1'+� "'7i /`�N6 ....W� a '..ts-ss�' F
y r/ yyw. R� ��3t-Ji7 eiYy'M,,�3.r
INK,
l;
0 n
t Y 3^f 75'.liv�''f:�l++Y • zf 3` �T . t .ix ! �t'�
3
a
ei �•fr3��,ll .;s r kT `.' _ E ::a/.,.1° t '.^..^ ,� r,.� �� � ..ti_
`DINING CHECKLIST FOR ROUTNG
Applicant's Name: ProjectName:
Applic./Permit No: County: Date Received.
Reviewer: River Basin Name:
❑ New ❑ Modification(inside permit boundaries)
❑ Modification(outside permit boundaries) ❑ Transfer ❑ Release
Partial Release ❑ Additional Information ❑ Fee Needed:$ ❑ Fee Received:S
Please route entire application package to:
Regional Office(z complete copies:attach the"LQS Regional Offwe Mining Application Review
Checklist"to one copy and attach both the DAQand DWR"Mining Application Review Form"to the other copy;send both copies to the Regional
Engineer)
Date:Routed Rec'd
❑ Division of Water Resources Date:Routed Rec'd
❑ NC Wildlife Resources Commission Date:Routed Rec'd
❑ US Fish dt Wildlife Service Date:Routed Rec'd
(Only new applications and modification requests that add land to the permit)
Please route first 3 pages of the application and any location maps to:
❑ Division of Parks a Recreation Date:Routed Rec'd
❑ NC Geological Survey Section Date:Routed Reed
❑ Division of Marine Fisheries Date:Routed Reed
❑ Division of Soil it Water Conservation (plus LEA) Date:Routed Rec'd
(Only neto applications and modifications requests that add land to the permit)
❑ Division of Archives&History Date:Routed Rec'd
(Only new applicants)
❑ Other: Date:Routed Rec'd
**Suspense Date for Comments: (no later than zg days from receipt)
❑ Please note the following:
i
I
�..
Martin Phillip N. Pressley, PE
Marietta Sr. Environmental Engineer
May 7, 2019 r(�
Ms.Judith A.Wehner,Assistant State Mining Specialist G o 2OI9
Land Quality Section MAY
NC DEQ Division of Energy, Mineral, and Land Resources AND QuWTY
1612 Mail Service Center MINING PRO GRANT
Raleigh, NC 27699
SUBJECT: Martin Marietta Materials, Inc.—Garner Quarry
Mining Permit No.92-01
Request for Partial Release
Dear Ms. Wehner:
Martin Marietta Materials, Inc. would like to request a partial release of approximately 0.6 acres of
unexcavated land at Garner Quarry. As part of the ongoing Interstate 40 project, a new bridge on East
Garner Road,across Interstate 40, is being constructed north of the current East Garner Road Bridge. The
easements and right of way associated with the new bridge and road realignment impact 0.6 acres of area
labeled undisturbed vegetated buffer on the most recent approved mine map. Thus, the permitted
acreage will decrease from 408 acres to 407 acres. The disturbed acreages included in the table on the
August 15, 2018 mine map remain unchanged.
Included are copies of the signed Agreement for Entry between Martin Marietta and the NC Department
of Transportation, which describes the new right of way and easements and a plan sheet showing their
location on the mine.
A new visual buffer will be reestablished between the quarry and both Interstate 40 and East Garner Road
soon after the removal of the existing buffer.
If you have any questions please contact me at (919) 783-4505 or via email at
phillip.pressley@martinmarietta.com.
Sincerely,
Tp N. ressley, PE
Sr. Environmental Engineer
Enclosures
North Carolina East District Office
2700 Wycliff Road Suite 104, Raleigh, NC 27607
t. (919)783-4505 f. (919)787-9577 m. (919)W-9143 e.phillip.pressley@martinmarietta.com
www.martinmariefta.com
AGREEMENT FOR ENTRY
Prepared By: Cole Thorson
RETURN TO: Carolina Land Acquisitions
104 East Vance Street
Zebulon, NC 27597
STATE OF NORTH CAROLINA TIP/PARCEL NO.: 1-5111 014
Wake COUNTY WBS ELEMENT 42346.2.1
THIS AGREEMENT made this the �� day of �p-/L- 2019 , by
and between the North Carolina Department of Transportation (hereinafter called the Department)and
Martin Marietta Materials, Inc. a North Carolina corporation
2710 Wycliff Road, Raleigh, NC 27607
(hereinafter called the owners);
WITNESSETH
THAT WHEREAS, the Department desires to enter certain lands of the owners located in
St. Mary's Township, Wake County, described as follows:
Right of Way described as follows:
Point of beginning being N 80A20'41.9" E, 181.375 feet from-L-Sta.197+00;thence to a point on a bearing
of S 43^02'28.5" E, 112.618 feet; thence to a point on a bearing of S 81^1931.2" E, 179.837 feet; thence
to a point on a bearing of S 71 A56'54.1" E, 119.104 feet; thence to a point on a bearing of S 81 A24'13.7"
E, 2.043 feet; thence to a point on a bearing of N 68^22'29.1"W, 397.912 feet; returning to the point and
place of beginning.
Permanent Drainage Easement described as follows:
Point of beginning being N 77A26'35.8" E,288.999 feet from-L-Sta.197+00;thence to a point on a bearing
of S 09A04'44.5" E, 49.829 feet; thence to a point on a bearing of S 77A54'21.4" E, 38.505 feet; thence to
a point on a bearing of N 16A20'34.4"W, 52.080 feet; thence to a point on a bearing of N 76^41'46.0"W,
31.709 feet; returning to the point and place of beginning.
Permanent Utility Easement described as follows:
Area One:
Point of beginning being S 81^39'14.3" E,409.993 feet from-L-Sta.197+00;thence to a point on a bearing
of S 68"22'29.1" E, 153.890 feet; thence to a point on a bearing of S 81^24'13.7" E, 138.343 feet; thence
to a point on a bearing of N 11^0511.1" E, 18.546 feet; thence to a point on a bearing of N 70A05124.0"W,
69.259 feet;thence to a point on a bearing of N 58A55'1.2"W,'15.486 feet;thence to a point on a bearing
of S 75"20'1.6"W, 10.976 feet; thence to a point on a bearing of N 71^03'1.7"W, 166.546 feet; thence to
a point on a bearing of N 10^50'8.8"W, 11.120 feet; thence to a point on a bearing of S 82A57'47.8"W,
26.289 feet,thence to a point on a bearing of S 15A30'30.0"W,32.580 feet, returning to the point and place
of beginning.
Area Two:
Point of beginning being N 74^06'29.8" E, 176.923 feet from-L-Sta.197+00; thence along a curve 18.431
feet and having a radius of 5554.578 feet. The chord of said curve being on a bearing of S 24A05'29.9" E,
a distance of 18.431 feet; thence to a point on a bearing of S 43A02128.5" E, 1.642 feet; thence to a point
on a bearing of S 68^22129.1" E, 125.678 feet; thence to a point on a bearing of N 10^54'22.3"W, 30.065
feet; thence to a point on a bearing of N 71"27'10.6"W, 102.721 feet;thence to a point on a bearing of N
11^18'9.9"E, 15.000 feet;thence to a point on a bearing of N 78A5428.5"W,20.993 feet;thence to a point
on a bearing of S 15A56127.0"W, 17.265 feet; returning to the point and place of beginning.
FRM10-E
Revised 8-20 2015
•� \Mop,
TIP/PARCEL NO.: 1-5111 014 COUNTY: Wake
Permanent Drainage Utility Easement described as follows:
Point of beginning being N 87Al8'34.6" E, 290.269 feet from-L-Sta.197+00;thence to a point on a
bearing of S 10^54'22.3" E, 30.065 feet;thence to a point on a bearing of S 68^22'29.1" E, 118.343 feet;
thence to a point on a bearing of N 15^30'30.0" E, 32.580 feet; thence to a point on a bearing of N
64A3 I'll 0.9"W, 57.061 feet; thence to a point on a bearing of N 75^29'5.7"W, 36.415 feet;thence to a
point on a bearing of N 77A54'21.4"W, 38.505 feet; returning to the point and place of beginning.
for the construction of State Highway Project 42346.2.1
WHEREAS, the Department is authorized by G.S. 136-118 to enter into this agreement without
filing the pleadings as set forth in G.S. 136-103.
NOW THEREFORE, in consideration of the mutual benefits inuring to all parties to this agreement
and in further consideration of the mutual covenants contained herein, the parties to this agreement do
hereby agree and consent that the Department, its employees, officials,contractors,or agents,or assigns,
as well as utility companies and all others deemed necessary by the Department, may enter upon the
above described lands for carrying on the work, construction, and utility relocations
or utility encroachments for Project 42346.2.1 in accordance with the plans and
specifications on file in its office in Raleigh, North Carolina, and that the Department, its employees,
officials, agents, contractors, or assigns, as well as utility companies and all others deemed necessary by
the Department, shall have the same rights for carrying on the work, construction, and utility relocations or
utility encroachments for the project as would have been accorded by filing the pleadings required in North
Carolina General Statute 136-103. It is understood and agreed that this Agreement includes the right to
use the Permanent Utility Easement shown on the DEPARTMENT's plans for the installation and
maintenance of utilities, and for all purposes for which the DEPARTMENT is authorized by law to subject
same. The Department and its agents, assigns, and licensees (including, without limitation, public utility
companies) shall have the right to construct and maintain in a proper manner in, upon and through said
premises utility line or lines with all necessary pipes, poles and appurtenances, together with the right at
all times to enter said premises for the purpose of inspecting said utility lines and making all necessary
repairs and alterations thereon; together with the right to cut away and keep clear of said utility lines, all
trees and other obstructions that may in any way endanger or interfere with the proper maintenance and
operation of the same with the right at all times of ingress, egress and regress.
The right of entry described herein shall be presumed to begin as of the day and year of the entry
of this agreement as first above written. The parties hereto agree that the right of entry granted shall not
be deemed a trespass on the owners' property. The OWNERS DO HEREBY EXPRESSLY WAIVE any
and all claims arising from any entry made pursuant to this agreement and being in the nature of a trespass,
taking, or an inverse condemnation. This waiver applies to the Department, its employees, officials,
contractors, agents,assigns, and/or licensees, as well as to utility companies and all others deemed
necessary by the Department to enter the property for the purposes set forth herein.
IT IS FURTHER AGREED THAT, the right of entry described herein shall extend for the PERIOD
BEGINNING WITH THE DATE OF THIS AGREEMENT AND CONTINUING THEREAFTER UNTIL THE
DEPARTMENT'S ACCEPTANCE OF THE COMPLETED HIGHWAY PROJECT.
During the aforesaid period, the parties hereto shall continue to negotiate a resolution of the
owners' claim for compensation for the property to be acquired for this highway project. In the event the
Department determines that such negotiations have reached an impasse,the Department shall give written
notice thereof to the Owners and may file appropriate proceedings in the Superior Court to determine just
compensation as provided in Article 9, Chapter 136 of the General Statutes of North Carolina. Likewise,
the Owners may give written notice to the Department that such negotiations have reached an impasse
and request the Department to file appropriate proceedings in the Superior Court to determine just
compensation as provided in Article 9, Chapter 136 of the General Statutes of North Carolina.
In the event that, as of the date of the acceptance by the Department of the completed highway
project,the Department has not filed proceedings pursuant to Article 9,Chapter 136 of the General Statutes
or the Owners'claim for just compensation for the property acquired for the highway project has not been
otherwise resolved a settlement agreement, the Owners shall have two (2) years following the completion
of the highway project in which to proceed to a determination of just compensation in the Superior Court
pursuant to Article 9, Chapter 136 of the North Carolina General Statutes.
The Owners do hereby agree and consent that no interest shall accrue against the Department
during the period of entry set forth herein and do hereby waive any claims for interest except as may be
allowed upon any award of just compensation as set forth in Section 136-113 of the North Carolina General
Statutes, and in such case,such interest shall accrue only from the date of the filing of proceedings in the
Superior Court pursuant to Article 9, Chapter 136 of the North Carolina General Statutes.
FRM10-E
Revised 8-20-2015
Ord �
TIP/PARCEL NO.: 1-5111 014 COUNTY: Wake
IN WITNESS WHEREOF, the parties hereto have set their hands and adopted seals, or if
corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers
and its seal to be hereunto affixed by authority of its Board of Directors,the day and year first above written.
Martin Marietta Materials, Inc.a North Carolina corporation
BY:
/aqz
c s13\
ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY:
North Carolina, County
[ KQ&jbeVJ)MTLg,&_ , a Notary Public for
County, orth Carolina, do hereby certify that
ak-2ral%e
of Martin Marietta Materials, Inc.a North Carolina corporation
(Official Seal) personally appeared before me this day and acknowledged the due
execution of the foregoing instrument. .1,w
KATH E R I N E J LAM Witness my hand and official seal this the ""� day of
IN otary Public. North Carolina kQ0 X ,20
Wake County It
My Commission E)tpir.es 01
April23,2022
Notary P is
My commission expires: 2.3 ZZ
FRM10-E
Revised 8-20-2015