20201218 Ver 1_401 Application_20201106

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 1, 2020 Ver 3.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20201218
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Ellyn Drive Culvert Replacement
1a. Who is the Primary Contact?*
Eric Kulz
1b. Primary Contact Email:*
[e-mail]
Date Submitted
11 /6/2020
Nearest Body of Water
Uf to Lynn Branch
Basin
Neuse
Water Classification
WS-III: NSW
Site Coordinates
Latitude:
35.76968
A. Processing Information
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
r Yes r No
Longitude:
-78.77025
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Stephanie Goss:eads\szgoss
1c. Primary Contact Phone:*
[phone]
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwide Permit (NWP)
f— Regional General Permit (RGP)
f— Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
f— Non-404 Jurisdictional General Permit
f— Individual Permit
03 - Maintenance
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - E)press
P Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r- No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r- Yes r No
1j. Is the project located in a designated trout watershed?
r- Yes r No
B. Applicant Information
1d. Who is applying for the permit?
R Owner f— Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r- Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Town of Cary (road right-of-way) and adjacent properties
2b. Deed book and page no.:
See Attachment B.2. Also, rights -of -entry attached.
2c. Responsible party:
2d.Address
Street Address
P.O. Box 8005
Address tine 2
city
Cary
Postal / Zip Q de
27512-8005
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rwince / Ifgion
NC
Country
USA
2f. Fax Number:
r- Yes r No
r Yes r No
C. Project Information and Prior Project History U

1. Project Information
1b. Subdivision name:
(d appropriate)
Greenwood Forest
1c. Nearest municipality/town:
Cary
2. Project Identification
2a. Property Identification Number:
2b. Property size:
See Attachment B.2
2c. Project Address
Street Address
700 Block of Ellyn Drive
Address tine 2
City
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27511-4617
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
UT to Lynn Branch
3b. Water Resources Classification of nearest receiving water:*
WS-III: NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011001
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project site is a stream crossing through a culvert beneath a residential street in the Greenwood Forest subdivision in central Cary. The site is within a single-family residential
neighborhood developed in the 1970s. The existing culvert was installed during the construction of Ellyn Drive in the early 1970s.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes f• No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS.pdf
129.5KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soils.pdf 172.39KB
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
100 feet within project area (most in culvert)
4h. Explain the purpose of the proposed project:*
The purpose of the project is to replace an old, failing corrugated metal pipe (CMP) arch culvert, along with several curb inlets and junction boxes. This project is being submitted as an
After -The -Fact application because we need to commence witht he project ASAP as the street is subsiding and closed to traffic.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project involves removal of 64 linear feet of failing CMP arch culvert. In order to increase the capacity of the culvert beneath the road, and to avoid various utility lines
through the area, the existing culvert will be replaced with two 30-inch Reinforced concrete pipes (RCPs) with a headwall on the downstream end. An additional section of arch culvert
upstream of the street will also be replaced with a 42" RCP. Junction boxes will be replaced and/or retrofitted, and curb inlets will be replaced. In addition, a segment of the the stream
belowthe headwall, which is currently lined with riprap, will be re -shaped into a plunge pool to cut the velocity of water from the culverts. Typical construction equipment such as a
backhoe will be used on this project.
4j. Please upload project drawings for the proposed project.
Existing Conditions Plan.pdf 740.07KB
1-Impacts Map.pdf 1.18MB
Impacts Summary Table.pdf 68.76KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*

r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries W Buffers
r Open Waters r Pond Construction
3. Stream Impacts
❑ 3e. Stream Type* Type of 3h. Impact
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 33g. S. width *
(?) Jurisdiction* length*
g1
Culvert Replacement
Temporary
Culvert
UT to Lynn Branch
Perennial
Both
10
Average (feet)
64
(linearfeet)
82
Riprap plunge pool
Temporary
Rip Rap Fill
UT to Lynn Branch
Perennial
Both
10
Average (feet)
21
(linearfeet)
3i. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 85
31. Total stream and ditch impacts:
85
3j. Comments:
Stream is already culverted; epsting culvert to be replaced. Also, channel downstream from epsting culver outlet is lined with riprap. Riprap plunge
pool to be constructed in area already lined with riprap.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
V Neuse r Tar -Pamlico
C Catawba r Randleman
[ Goose Creek F Jordan Lake
[ Other
Bb. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact
Clearing (construction access)
T
UT to Lynn Branch
No
1,472 1
1,052
Infrastructure
P
UT to Lynn Branch
No
141
22

6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 1,472.00 1,052.00
Zone 1 Zone 2
Total Permanent impacts: 141.00 22.00
Zone 1 Zone 2
Total combined buffer impacts: 1,613.00 1,074.00
61. Comments:
Temporary impacts are for clearing/access. Permanent impacts are for infrastructure (junction boxes, curbs and riprap). A revegetation plan is
included for all temporary impacts.
Supporting Documentation
Existing Culverts.pdf 56.23KB
Revegetation Plan.pdf 457.75KB
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Stream impacts are limited to stream channel that is already within the failing culvert. A riprap plunge pool will be added to the downstream end of the
new culvert, where the channel is already lined with riprap.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Culvert replacement will take place during a period of low stream flow. Appropriate erosion control will be used during the project work. A pump -around
Will be employed to bypass the work area during the excavation of the old culvert and placement of the new culvert.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project impacts are below mitigation thresholds.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u I
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
r Other SCM that removes minimum 30 % nitrogen
W Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r N/A - project disturbs < 1 acre
Comments:
Project is not adding impervious surface and no changes to stormwater runoff are anticipated. The project involves replacement of existing stormwater infrastructure.

G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)? *
r Yes r No
Comments:*
Project using local funds only.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
2b Provide an explanation of the violation(s):
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The project involves replacing existing infrastructure in a completely built -out residential subdivision.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NCNHP website (9/16/20) and USFWS iPac website (9/16/20).
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*

r Yes
r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Project is not located within a coastal county.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes
r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC Historic Preservation Office HPOWEB Service (accessed 9/16/20). No elements on or near project site.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes
r No
8c. What source(s) did you use to make the floodplain determination?*
Map No. 3720076300J. Date: 5/2106.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Project Area.pdf
150.05KB
Existing Downstream Culvert Photo.pdf
304.81 KB
Curb Inlet Photos.pdf
472.02KB
USACE NW 13 Confirmation. pdf
112.21<6
PCN Attachment B.2 Ownership Information.pdf
35.62KB
Final Cheskis ROE_703 Ellynn.pdf
162.82KB
Final Krupa ROE 702 Ellynn.pdf
210.78KB
Final Moesch ROE_705 Ellynn.pdf
211.15KB
U
Signature U
*
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
. I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Eric Kulz
Signature
Date
11 /6/2020

ATTACHMENT B.2 
Owner Information 

A.  702 Ellyn Drive    C. 705 Ellyn Drive 
  Thomas J. and Amy L. Krupa       Todd and Jeannine Moesch 
Real ID #0046675/PIN 10 #0763850144    Real ID #0014455/PIN 10# 0763852152 
  DB 012954/PG 00512     DB 009106/PG 00478 

B.  703 Ellyn Drive 
Robert M. and Diane S. Cheskis     
  Real ID #0042242/PIN 10 #0763852243     
  DB 015309/PG 01220      

[rev. March 2019]

NORTH CAROLINA

WAKE COUNTY

PERMISSION TO ENTER AGREEMENT

This Permission to Enter Agreement (“Agreement”) is made and entered into this the ___
day of _________, 2020, by and between ROBERT M. & DIANNE S. CHESKIS, owners of 703
ELLYNN DRIVE (“Grantor”) and the Town of Cary, a North Carolina municipal corporation
(“Town”).
W I T N E S S E T H:

WHEREAS, Grantor owns a parcel of property located at 703 ELLYNN DRIVE, also
identified as PIN #076312852243 (“Property”).

WHEREAS, the Town’s stormwater conveyance system consists of publicly-owned and
privately-owned pipes, swales and other infrastructure, a portion of which privately-owned
system is located on Grantors’ Property; and

WHEREAS, Town desires to enter onto Grantors’ Property to repair of certain portions
of storm drain box and underground stormwater pipe (“Work”); and

WHEREAS, Work requires that certain activities take place on Property.

WHEREAS, Owner has no objection to Town’s request and desires to permit entry onto
Property by Town and its agents for such limited purpose and subject to the terms and conditions
contained herein.

NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

1. Purpose. The Recitals are incorporated into this Agreement. This Agreement sets forth the
terms and conditions pursuant to which Town may enter Property to conduct the Work.

2. Term. The term of this Agreement shall be for 120 DAYS from the date Agreement is executed
by the Grantor. The Grantor may extend that term by as much as three months upon receipt of a
written request from Town. The Grantor must receive a written request to extend the Agreement
at least 10 days before the expiration of the original term.

3. Privilege to Enter. The Grantor hereby grants to Town the nonexclusive and revocable
permission to enter upon the Property to conduct the Work, which will include repairing a storm
drain box and pipe system. Town will take necessary steps and precautions to minimize the impact
of the Work on the Property. Town may permit its employees, contractors, and agents (“Agents”),
to enter Property under this Agreement, and shall be responsible for all the acts and omissions of
its Agents.
DocuSign Envelope ID: B124E106-BC3D-49D0-8042-DC79051094B4
10/25/2020
[rev. March 2019]
4. Responsibilities. All equipment or tools brought onto the Property by Town and/or its Agents,
and any waste generated shall be the sole property of Town and/or its Agents. Owner shall have
and assumes no liability or responsibility for the safe use, protection against theft, or disposal of
equipment or other property brought onto the Property or for any waste.

5. Laws and Regulations. Town shall comply with all federal, state and local laws, rules and
regulations, and shall be responsible for the submission of all necessary and appropriate
applications, fees and plans. Rights and obligations granted or imposed upon Town under this
Agreement do not confer any right or privilege other than the specific right or privilege granted.
Town shall comply with and obtain any federal, state or local governmental approvals and permits.

6. Precautions. Town and its Agents shall take precautions to minimize the impact of the work on
the Property. Town and its Agents shall exercise due care in performing all work on the Property.

9. Restoration. Within 30 days of conclusion of Work, Town shall restore the Property to the
condition as it existed prior to its entry onto Property, reasonable wear and tear excepted.

10. Revocation of Permission. In the event Town fails to comply with the terms and conditions
of this Agreement, Grantor may revoke the permission to enter by providing Town with written
notice of revocation.

11. Miscellaneous.
a) Assignment. This Agreement may not be assigned without the written agreement
of Town.
b) Electronic Record. Town may convert a signed original of this Agreement to an
electronic record pursuant to a North Carolina Department of Cultural Resources
approved procedure and process for converting paper records to electronic records for
record retention purposes. Such electronic record of the Agreement shall be deemed for
all purposes to be an original signed Agreement.
c) Notice. All notices shall be in writing and delivered to the other party by personal
delivery, commercially recognized overnight courier service, or prepaid U.S. certified
mail, return receipt requested, addressed as follows:
i. to Grantor: To address provided in the first paragraph of this Agreement, or as
otherwise specified in writing to Town by Grantor.
ii. to Town: _Jan Patterson__, PO Box 8005, Cary, NC, 27512-8005
Notice shall be effective upon the earlier of: (a) actual receipt; or (b) 3 days after deposit
in the U.S. mail or other service. Each party is responsible for notifying the other of any
change of address.
d) Governing Law. This Agreement is governed by the laws of the state of North Carolina.
All suits or actions related to Agreement shall be brought exclusively in Wake County,
North Carolina.
e) Public Records. Grantor acknowledges that that records in the custody of Town are public
records and subject to public records requests. Town may provide copies of such records,
including copyrighted records, in response to public record requests
f) No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
g) Performance of Government Functions. Nothing contained in this Agreement shall be
deemed or construed so as to restrict or inhibit the Town’s police powers or regulatory
authority.

DocuSign Envelope ID: B124E106-BC3D-49D0-8042-DC79051094B4
[rev. March 2019]
12. Entire Agreement. This Agreement constitutes the entire understanding between the parties
with respect to the activities contemplated by this Agreement. All prior agreements or
understandings, whether oral or written, are superseded. This Agreement may be amended only by
a written document duly executed by the parties.

IN WITNESS WHEREOF, as of the day and year first above written, this Agreement has
been duly executed in duplicate by the parties hereto.

GRANTOR

By:

Name: Robert M. Cheskis

Title: Owner

Grantor

By:

Name: Diane S. Cheskis

Title: Owner

GRANTEE TOWN OF CARY

By:

Name: Danna Widmar

Title: Special Projects Department Director

DocuSign Envelope ID: B124E106-BC3D-49D0-8042-DC79051094B4
DocuSign Envelope ID: 8C19D8D9-8B71-4B6B-92C1-B7F73D401F46
NORTH CAROLINA
WAKE COUNTY
PERMISSION TO ENTER AGREEMENT
Th
is
Permission
er ission to Enter Agreement ("Agreement") is made and entered into this the _
day oi, 2020, by and between THOMAS J. & Amy L. KRUPA, owners of 702
ELLYNN DRIVE ("Grantor") and the Town of Cary, a North Carolina municipal corporation
("Town").
WITNESSETH:
WHEREAS, Grantor owns a parcel of property located at 702 ELLYNN DRIVE, also
identified as PIN #076312850144 ("Property").
WHEREAS, the Town's stormwater conveyance system consists of publicly -owned and
privately -owned pipes, swales and other infrastructure, a portion of which privately -owned
system is located on Grantors' Property; and
WHEREAS, Town desires to enter onto Grantors' Property to replace the stormwater
culvert crossing of Ellynn Drive including certain portions of storm drain box, underground
stormwater pipe and headwall ("Work"); and
WHEREAS, Work requires that certain activities take place on Property.
WHEREAS, Owner has no objection to Town's request and desires to permit entry onto
Property by Town and its agents for such limited purpose and subject to the terms and conditions
contained herein.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Purpose. The Recitals are incorporated into this Agreement. This Agreement sets forth the
terms and conditions pursuant to which Town may enter Property to conduct the Work.
2. Term. The term of this Agreement shall be for 120 DAYS from the date Agreement is executed
by the Grantor. The Grantor may extend that term by as much as three months upon receipt of a
written request from Town. The Grantor must receive a written request to extend the Agreement
at least 10 days before the expiration of the original term.
3. Privilege to Enter. The Grantor hereby grants to Town the nonexclusive and revocable
permission to enter upon the Property to conduct the Work, which will include replacing a
stormwater culvert crossing Ellynn Drive, repairing a storm drain box, pipe system and installation
of a headwall. Town will take necessary steps and precautions to minimize the impact of the Work
on the Property. Town may permit its employees, contractors, and agents ("Agents"), to enter
[rev. March 2019]

DocuSign Envelope ID: 8C19D8D9-8B71-4B6B-92C1-B7F73D401F46
Property under this Agreement, and shall be responsible for all the acts and omissions of its Agents.
4. Responsibilities. All equipment or tools brought onto the Property by Town and/or its Agents,
and any waste generated shall be the sole property of Town and/or its Agents. Owner shall have
and assumes no liability or responsibility for the safe use, protection against theft, or disposal of
equipment or other property brought onto the Property or for any waste.
5. Laws and Regulations. Town shall comply with all federal, state and local laws, rules and
regulations, and shall be responsible for the submission of all necessary and appropriate
applications, fees and plans. Rights and obligations granted or imposed upon Town under this
Agreement do not confer any right or privilege other than the specific right or privilege granted.
Town shall comply with and obtain any federal, state or local governmental approvals and permits.
6. Precautions. Town and its Agents shall take precautions to minimize the impact of the work on
the Property. Town and its Agents shall exercise due care in performing all work on the Property.
9. Restoration. Within 30 days of conclusion of Work, Town shall restore the Property to the
condition as it existed prior to its entry onto Property, reasonable wear and tear excepted.
10. Revocation of Permission. In the event Town fails to comply with the terms and conditions
of this Agreement, Grantor may revoke the permission to enter by providing Town with written
notice of revocation.
11. Miscellaneous.
a) Assi n ment. This Agreement may not be assigned without the written agreement
of Town.
b) Electronic Record. Town may convert a signed original of this Agreement to an
electronic record pursuant to a North Carolina Department of Cultural Resources
approved procedure and process for converting paper records to electronic records for
record retention purposes. Such electronic record of the Agreement shall be deemed for
all purposes to be an original signed Agreement.
c) Notice. All notices shall be in writing and delivered to the other party by personal
delivery, commercially recognized overnight courier service, or prepaid U.S. certified
mail, return receipt requested, addressed as follows:
i. to Grantor: To address provided in the first paragraph of this Agreement, or as
otherwise specified in writing to Town by Grantor.
ii. to Town: _Jan Patterson_, PO Box 8005, Cary, NC, 27512-8005
Notice shall be effective upon the earlier o£ (a) actual receipt; or (b) 3 days after deposit
in the U.S. mail or other service. Each party is responsible for notifying the other of any
change of address.
d) Governing Law. This Agreement is governed by the laws of the state of North Carolina.
All suits or actions related to Agreement shall be brought exclusively in Wake County,
North Carolina.
e) Public Records. Grantor acknowledges that that records in the custody of Town are public
records and subject to public records requests. Town may provide copies of such records,
including copyrighted records, in response to public record requests
f) No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement.
g) Performance of Government Functions. Nothing contained in this Agreement shall be
deemed or construed so as to restrict or inhibit the Town's police powers or regulatory
authority.
[rev. March 2019]

DocuSign Envelope ID: 8C19D8D9-8B71-4B6B-92C1-B7F73D401F46
12. Entire A reg ement. This Agreement constitutes the entire understanding between the parties
with respect to the activities contemplated by this Agreement. All prior agreements or
understandings, whether oral or written, are superseded. This Agreement may be amended only by
a written document duly executed by the parties.
IN WITNESS WHEREOF, as of the day and year first above written, this Agreement has
been duly executed in duplicate by the parties hereto.
G Gdc4S19nea bY:
Thomas Krupa
By. 2 3627 4AE...
Name: Thomas J. Krupa
Title: Owner
Grant DocuSigned by:
By: AWt a
Name: Amy L. Krupa
Title: Owner
GRAro"a
ETA OF CARY
By:ll AA WI�.H�i r
Name: Danna Widmar
Title: Special Projects Department Director
[rev. March 2019]

DocuSign Envelope ID: 2C23E8B6-DED8-45BE-8168-2B0192EEA25D
NORTH CAROLINA
WAKE COUNTY
PERMISSION TO ENTER AGREEMENT
10Tijs/F6ffission to Enter Agreement ("Agreement") is made and entered into this the
day of , 2020, by and between TODD & JEANNINE MOESCH, owners of 705
ELLYNN DRIVE ("Grantor") and the Town of Cary, a North Carolina municipal corporation
("Town").
WITNESSETH:
WHEREAS, Grantor owns a parcel of property located at 705 ELLYNN DRIVE, also
identified as PIN #076312852152 ("Property").
WHEREAS, the Town's stormwater conveyance system consists of publicly -owned and
privately -owned pipes, swales and other infrastructure, a portion of which privately -owned
system is located on Grantors' Property; and
WHEREAS, Town desires to enter onto Grantors' Property to repair of certain portions
of storm drain box and underground stormwater pipe ("Work"); and
WHEREAS, Work requires that certain activities take place on Property.
WHEREAS, Owner has no objection to Town's request and desires to permit entry onto
Property by Town and its agents for such limited purpose and subject to the terms and conditions
contained herein.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Purpose. The Recitals are incorporated into this Agreement. This Agreement sets forth the
terms and conditions pursuant to which Town may enter Property to conduct the Work.
2. Term. The term of this Agreement shall be for 120 DAYS from the date Agreement is executed
by the Grantor. The Grantor may extend that term by as much as three months upon receipt of a
written request from Town. The Grantor must receive a written request to extend the Agreement
at least 10 days before the expiration of the original term.
3. Privilege to Enter. The Grantor hereby grants to Town the nonexclusive and revocable
permission to enter upon the Property to conduct the Work, which will include repairing a storm
drain box and pipe system. Town will take necessary steps and precautions to minimize the impact
of the Work on the Property. Town may permit its employees, contractors, and agents ("Agents"),
to enter Property under this Agreement, and shall be responsible for all the acts and omissions of
its Agents.
[rev. March 2019]

DocuSign Envelope ID: 2C23E8B6-DED8-45BE-8168-2B0192EEA25D
4. Responsibilities. All equipment or tools brought onto the Property by Town and/or its Agents,
and any waste generated shall be the sole property of Town and/or its Agents. Owner shall have
and assumes no liability or responsibility for the safe use, protection against theft, or disposal of
equipment or other property brought onto the Property or for any waste.
5. Laws and Regulations. Town shall comply with all federal, state and local laws, rules and
regulations, and shall be responsible for the submission of all necessary and appropriate
applications, fees and plans. Rights and obligations granted or imposed upon Town under this
Agreement do not confer any right or privilege other than the specific right or privilege granted.
Town shall comply with and obtain any federal, state or local governmental approvals and permits.
6. Precautions. Town and its Agents shall take precautions to minimize the impact of the work on
the Property. Town and its Agents shall exercise due care in performing all work on the Property.
9. Restoration. Within 30 days of conclusion of Work, Town shall restore the Property to the
condition as it existed prior to its entry onto Property, reasonable wear and tear excepted.
10. Revocation of Permission. In the event Town fails to comply with the terms and conditions
of this Agreement, Grantor may revoke the permission to enter by providing Town with written
notice of revocation.
11. Miscellaneous.
a) Assi n ment. This Agreement may not be assigned without the written agreement
of Town.
b) Electronic Record. Town may convert a signed original of this Agreement to an
electronic record pursuant to a North Carolina Department of Cultural Resources
approved procedure and process for converting paper records to electronic records for
record retention purposes. Such electronic record of the Agreement shall be deemed for
all purposes to be an original signed Agreement.
c) Notice. All notices shall be in writing and delivered to the other party by personal
delivery, commercially recognized overnight courier service, or prepaid U.S. certified
mail, return receipt requested, addressed as follows:
i. to Grantor: To address provided in the first paragraph of this Agreement, or as
otherwise specified in writing to Town by Grantor.
ii. to Town: _Jan Patterson_, PO Box 8005, Cary, NC, 27512-8005
Notice shall be effective upon the earlier of. (a) actual receipt; or (b) 3 days after deposit
in the U.S. mail or other service. Each party is responsible for notifying the other of any
change of address.
d) Governing Law. This Agreement is governed by the laws of the state of North Carolina.
All suits or actions related to Agreement shall be brought exclusively in Wake County,
North Carolina.
e) Public Records. Grantor acknowledges that that records in the custody of Town are public
records and subject to public records requests. Town may provide copies of such records,
including copyrighted records, in response to public record requests
f) No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement.
g) Performance of Government Functions. Nothing contained in this Agreement shall be
deemed or construed so as to restrict or inhibit the Town's police powers or regulatory
authority.
[rev. March 2019]

DocuSign Envelope ID: 2C23E8B6-DED8-45BE-8168-2B0192EEA25D
12. Entire A reg ement. This Agreement constitutes the entire understanding between the parties
with respect to the activities contemplated by this Agreement. All prior agreements or
understandings, whether oral or written, are superseded. This Agreement may be amended only by
a written document duly executed by the parties.
IN WITNESS WHEREOF, as of the day and year first above written, this Agreement has
been duly executed in duplicate by the parties hereto.
GRANTQRl!uSigned by: - .-rr.
By: F,
F3372294EBOD48F..
Name: Todd Moesch
Title: Owner
Grantor DocuSigned by:
By: L
� ALtk vx wt's(L
Name: Jeannine Moesch
Title: Owner
GRANT JaQ" QF CARY
By: �cu�InA�dyxAY
4 44
Name: Danna Widmar
Title: Special Projects Department Director
[rev. March 2019]

2016 USGS TOPOGRAPHIC MAP
Cary Quadrangle

Culvert Replacement –
Ellyn Drive
Cary, NC

1970 USDA SOIL SURVEY MAP

Culvert Replacement –
Ellyn Drive
Cary, NC

SS UFOUFOUFOUFOUFOUFOUFOUFOUFOUFOSANSANSANSANSANSANSANSANSANOHUOHUOHUOHUOHUOHUOHUOHUOHU429430432434435435435434
433433432 4324334
3
5
434433432431430
429
428 SANSANSAN
SAN
SAN
SAN
SAN
702 ELLYNN DR
KRUPA, THOMAS J KRUPA, AMY L
705 ELLYNN DR
MOESCH, TODD MOESCH, JEANNINE
703 ELLYNN DR
ROBERT M CHESKIS AND DIANE S CHESKIS
LIVING TRUST
707 ELLYNN DR
706 ELLYNN DR
EXISTING
8" HDPE
INV.=428.6 FT.EXISTING
RIPRAP
EXISTING PO-E
INV. 427.16 FT.
EXISTING
CI-D
EXISTING
CONCRETE WALL
EXISTING 24"
VALLEY CURBING
EXISTING
CI-C
EXISTING
TREELINE
EXISTING
TREELINE
EXISTING
MASONRY DRIVEWAY
HEADWALL
EXISTING 49"x33"
CMP ARCH
INV.=428.17 FT.
EXISTING 4" HDPE
INV.=430.75 FT.EXIST
ING
4
"
HDPE
EXISTING YI-B
TOP=432.36 FT.
EXISTING CONCRE
T
E

D
R
I
V
E
W
A
Y
EXISTING 24" RCP
INV.=428.61 FT.
EXISTING
LANDSCAPING
MB
MB
CO
WM
SPIGOT
16" MAGNOLIA
19" TR
19" TR
12" TR
(3)4" TR
(3)4" TR
4" TR
11" TR
14" TR
8" TR
12" TR
18" TR
7" TR
18" TR
21" TR
4" TR
EXISTING
MASONRY DRIVEWAY
HW-A
EXISTING 24" RCP
INV.=429.14 FT.EXISTING 24" RCPEXISTING 8" AC WATERLINEEXISTING 8" CLAY PIPE WITHCURED IN PLACE LINEREXIST
ING
OVERHEAD
L
INEEXISTING 2" GAS LINEWM
702 ELLYNN DR
(2)5" TR
EXISTING
24" RCP
ELLYNN DRIVEEXISTING SSMH
RIM=435.92 FT.
INV. IN=431.82 FT.
TBM 1
TBM 2
WM
EXISTING FIBER OPTICEXISTING CONCRE
T
E

D
R
I
V
E
W
A
Y
702 ELLYNN DR
KRUPA, THOMAS J KRUPA, AMY L
EXISTING 49"x33"
CMP ARCH
TH1
TH2 TH4
TH5
TH3
EXISTING 49"x33"
CMP ARCHBUFFER ZONE
220'BUFFER ZONE
130'
EXISTING 24"
VALLEY CURBING
STAGING AND
STOCKPILE AREA
STAGING
AND STOCKPILE
AREA
CHECK DAM (TYP.)
CURB INLET
PROTECTION
YARD INLET
PROTECTION
SILT FENCE (TYP.)
CONCRETE
TRUCK
WASHOUT
5
9
4
10
2
9
4
9
2
9
3
9
TREE PROTECTION
(TYP.)
1
9
SILT FENCE (TYP.)5
9
TREE PROTECTION
(TYP.)
1
9
DIP SANITARY SEWER FOUND IN TEST HOLE
LENGTH UNKNOWN MAIN LINE KNOWN TO
BE CLAY PIPE MATERIAL RECENTLY BY
TOWN WITH CURED IN PLACE LINER
CURB INLET
PROTECTION
EROSION CONTROL
MATTING
2
10
SAN
OHU
SURVEYED CONTOURS
EXISTING SANITARY SEWER
EXISTING GAS
EXISTING WATER
EXISTING OVERHEAD POWER
EXISTING WATER METER
EXISTING WATER VALVE
LEGEND
EXISTING STORM DRAINAGE
EXISTING PROPERTY LINE
LIMITS OF DISTURBANCE
EXISTING RIPRAP
UFO EXISTING UNDERGROUND FIBER OPTIC
PROPOSED SILT FENCE
PROPOSED YARD INLET PROTECTION
SUBSURFACE INVESTIGATION TEST HOLE (SUE)
STAGING AND STOCKPILE AREA
EROSION CONTROL MATTING
SILT FENCE OUTLET
PROPOSED TREE PROTECTION
JOB NO.
SHEET NO.
SCALE
DESIGNED BY
CHECKED BYDATEDRAWN BY
DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.5410 Trinity Road, Suite 102 | Raleigh, NC 27607TEL [phone] FAX [phone] www.timmons.comNorth Carolina License No. C-1652THIS DRAWING PREPARED AT THERALEIGH OFFICE704 ELLYNN DRIVE EMERGENCY REPAIRTOWN OF CARY, NORTH CAROLINA44359.005
Chris Rogers, PE.
Becky Ward, PE.
Shane Vandergrift
10-20-2020
BID SET EXISTING CONDITIONS AND EROSION CONTROL PLAN1"=10'
4
0 20'
SCALE 1"=10'
10'
PROPERTY OWNER INFORMATION
NAME DB AND PG AND BM PIN ADDRESS
LIMITS OF DISTURBANCE = 0.13 ACRES
TEST HOLE
TH1
TH2
TH3
TH4
SUE INFORMATION
TBM 1
DESCRIPTIONCONTROL POINT NORTHING EASTING ELEVATION
NOTES:
1. HORIZONTAL DATUM: NAD83
VERTICAL DATUM: NAVD88
2. CONTRACTOR SHALL FINE GRADE, SEED AND MULCH
ALL DISTURBED LAWN AREAS.
TYPE SIZE DEPTH
702 ELLYNN DRIVE
D.B. 015309, PG. 01220 PIN: 0763852243
ROBERT M CHESKIS AND
DIANE S CHESKIS
LIVING TRUST
703 ELLYNN DRIVE
705 ELLYNN DRIVEMOESCH, TODD MOESCH,
JEANNINE PIN: 0763852152D.B. 009106, PG. 00478
KRUPA, THOMAS J KRUPA,
AMY L PIN: 0763850144D.B. 012954, PG. 00512
GAS DIP
WATER AC
TH5
8"
8"
49"x33"CULVERT CMP
SPUR NAIL 735131.25
735149.69
2068169.29
2068081.67
434.78
SPUR NAIL 431.72TBM 2
2"
3. UTILITY LINES APPROXIMATE ON PLAN
CONTRACTOR TO VERIFY PRIOR TO CONSTRUCTION.
4. EXISTING OVERHEAD UTILITIES TO BE WORKED AROUND.
5. EXISTING GAS AND FIBER OPTICS TO BE RELOCATED
OTHERS TOWN OF CARY COORDINATING RELOCATIONS.
2.39'
2.97'
SEWER DIP 2.40'
4.82'
49"x33"CULVERT CMP 4.31'
UFOUFOUFOUFOUFOUFOUFOSANSANSANSANSANSANSANSANOHUOHUOHUOHUOHUOHU429 430
432
434
435
435435
434
433433 43
2 432433435434433432431430
4
2
9
428BUFFER ZONE 220'BUFFER ZONE 130'BUFFERZONE 220'428
426
425.5
428
43
0
4
3
2
433432432433
434430
432
433
426
4
3
3
425.5
JOB NO.
SHEET NO.
SCALE
DESIGNED BY
CHECKED BYDATEDRAWN BY
DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.5410 Trinity Road, Suite 102 | Raleigh, NC 27607TEL [phone] FAX [phone] www.timmons.comNorth Carolina License No. C-1652THIS DRAWING PREPARED AT THERALEIGH OFFICE1 IMPACTS MAPJSV
CDR
BLW
10-23-2020
704 ELLYNN DRIVETOWN OF CARY, NORTH CAROLINA44359.005
1"=10'NORTH CAROLINA LICENSE NO. C-1652B1
S1
LIMITS OF DISTURBANCE
EXISTING BUFFER LIMITS
BUFFER IMPACTS
STREAM IMPACTS
LEGEND
BUFFER ZONE 1 TEMPORARY IMPACTS
BUFFER ZONE 2 TEMPORARY IMPACTS
EXISTING STREAM IMPACTS
21 LF. - NO CHANGE IN
STREAM IMPACT LENGTH
S1
PERMANENT IMPACT CURB
ZONE 1: 32 SF.
ZONE 2: 6 SF.
S1
BUFFER PERMANENT IMPACTS
ZONE 1: 37 SF.
EXISTING STREAM
TOP OF BANK
END OF EXISTING
PIPE ARCH
EXISTING RIPRAP IMPACT
TO BE REMOVED
EXISTING RIPRAP
TO BE REPLACED WITH
CONCRETE HEADWALL
18 SF.
EXISTING STREAM
TOE OF BANK
TEMPORARY IMPACT
ZONE 2: 367 SF.
PERMANENT IMPACT
ZONE 2: 6 SF.
PERMANENT IMPACT
JUNCTION BOX
RECONSTRUCTION
ZONE 1: 6 SF.
ZONE 2: 4 SF.
TEMPORARY IMPACT
ZONE 1: 150 SF.BUFFER ZONE 130'BUFFER PERMANENT IMPACTS
ZONE 1: 66 SF.
TEMPORARY IMPACT
ZONE 2: 10 SF.
TEMPORARY IMPACT
ZONE 2: 98 SF.
TEMPORARY IMPACT
ZONE 2: 587 SF.
BUFFER ZON
E

2
20'BUFFER ZON
E

1
30'
STREAM IMPACTS
BUFFER ZONE 1 PERMANENT IMPACTS
EXISTING RIPRAP IMPACT
PERMANENT IMPACT
TEMPORARY IMPACT
ZONE 1: 1322 SF.
EXISTING STREAM
CENTERLINE
Impacts
Stream (Pipe) = 64 LF
Stream (RipRap) = 21 LF
Buffer Z1 (Perm) = 141 SF
Buffer Z1 (Temp) = 1,472 SF
Buffer Z2 (Perm) = 22 SF
Buffer Z2 (Temp) = 1052 SF
IMPACT SUMMARY

Impact Type Purpose Quantity Notes
Stream (Temp) Pipe Replacement 64 LF Replacing 64 LF of existing corrugated metal arch pipe
Stream (Temp) Riprap 21 LF Replacing existing riprap; reshaping into plunge pool
Buffer Z1 (Perm) See Notes 141 SF 6 SF (junction box) + 37 SF + 66 SF (riprap) + 32 SF (curbs)
Buffer Z1 (Temp) Clearing/Access 1,472 SF 1,322 SF + 150 SF
Buffer Z2 (Perm) See Notes 22 SF 10 SF (junction boxes) + 12 SF (curbs)
Buffer Z2 (Temp) Clearing /Access 1,052 SF 587 SF + 367 SF + 98 SF

429430432434435435435434
433433432 4324334
3
5
434433432431430
429
428
19" TR
12" TR
7" TR
18" TR
4" TR
EXISTING CONCRE
T
E

D
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I
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E
W
A
Y
EXISTING CONCRE
T
E

D
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I
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E
W
A
Y
REPLANT MAGNOLIAELLYNN DRIVEZONE A
ZONE D
ZONE E
ZONE B
ZONE A
ZONE C
ZONE C
ZONE A
ZONE A
JOB NO.
SHEET NO.
SCALE
DESIGNED BY
CHECKED BYDATEDRAWN BY
DATEREVISION DESCRIPTIONYOUR VISION ACHIEVED THROUGH OURS.5410 Trinity Road, Suite 102 | Raleigh, NC 27607TEL [phone] FAX [phone] www.timmons.comNorth Carolina License No. C-1652THIS DRAWING PREPARED AT THERALEIGH OFFICE704 ELLYNN DRIVE EMERGENCY REPAIRTOWN OF CARY, NORTH CAROLINA44359.005
Chris Rogers, PE.
Becky Ward, PE.
Shane Vandergrift
10-20-2020
BID SET PLANTING AND STABILIZATION PLAN0 10'
HORIZONTAL SCALE 1"=5'
5'
8
1"=5'
PLANTING NOTES:
1.WOODY SPECIES TO BE PLANTED WITH A COMBINATION OF THE FOLLOWING SHRUBS:
(1 GALLON CONTAINER PLANTS TO BE PLANTED 10' ON CENTER. BLUE RUG JUNIPER TO BE 6' ON CENTER.)
SUBMIT PLANT QUANTITIES BY SPECIES AND ZONE FOR APPROVAL PRIOR TO PLANTING.
AMELANCHIER ARBOREA - SERVICE BERRY
LINDERA BENZOIN - SPICEBUSH
ILEX VERTICILLATA - WINTERBERRY
CEPHALANTHUS OCCIDENTALIS - BUTTONBUSH
CALYCANTHUS FLORIDUS - SWEET-SHRUB
SAMBUCUS - ELDERBERRY
XANTHORHIZA SIMPLICISSIMA - YELLOW ROOT
JUNIPER HORIZONTALIS - BLUE RUG JUNIPER
2.STREAM BANKS TO BE MATTED WITH COIR MAT C-700 OR APPROVED EQUAL. PLACE RIPARIAN SEED, EROSION
CONTROL SEED AND THIN LAYER OF STRAW PRIOR TO MATTING INSTALLATION.
3.PLANTING STOCK TO BE GROWN BY NURSERIES WITHIN THE SAME PHYSIOGRAPHIC REGION (PIEDMONT) AND
WITHIN 200 MILES OF THE PROJECT SITE.
4.FERTILIZER RECOMMENDATIONS CONTRACTOR TO FIELD VERIFY WITH ON SITE SOIL CONDITIONS:
LIME ½ TON/AC
PHOSPHATE 20-40 LBS/AC
POTASH 50-70 LBS/AC
WATERING REQUIREMENTS ONCE/WEEK IF NO RAIN
5.PIEDMONT RIPARIAN SEED MIX APPLICATION RATE 25 LBS/AC.
6.TEMPORARY SEED TO BE PLACED IN ALL ZONES SEE EROSION CONTROL SHEET 3.
7.SEE PLANTING ZONE TABLE THIS SHEET.
PLANTING ZONES
ZONE A
ZONE B
ZONE E
ZONE C
ZONE D
PROPOSED RIPRAP

Projec
2017 Aerial Photo

Culvert Replacement –
Ellyn Drive
Cary, NC

EXISTING DOWNSTREAM CULVERT

UPSTREAM CURB INLET SINKING

DOWNSTREAM CURB INLET SINKING