20230403 Ver 1_ePCN Application_20230315

I I
I .. 1 I
DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process? *
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
7/14/2022
BIMS # Assigned * Version#*
20230403 1
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Raleigh Regional Office - [phone] Zachary Thomas:[e-mail]
Information for Initial Review
la. Name of project:
City of Raleigh - Harris Creek Outfall Replacement
1a. Who is the Primary Contact?*
Rick Trone
lb. Primary Contact Email: * lc. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
3/15/2023
Nearest Body of Water
Harris Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude:
35.893982
A. Processing Information
Longitude:
-78.463132
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
lb. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 58 - Utility Line Activities for Water and Other Substances (frequently used)
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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:
If. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lh. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project? *
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Powell, Bradly Powell, Michelle
2b. Deed book and page no.:
17155/727
2c. Contact Person:
2d. Address
Street Address
4609 Lizzie Creek Court
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
2a. Name(s) on recorded deed:
Jones, Charles E
2b. Deed book and page no.:
8581/2079
2c. Contact Person:
2d. Address
Street Address
3816 Jonesville Road
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
Forrester, Jennifer N, Forrester, Hayes G
2b. Deed book and page no.:
12620/2172
2c. Contact Person:
2d. Address
Street Address
4929 Upchurch Lane
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
2e. Telephone Number:
[phone]
2g. Email Address: *
[e-mail]
2a. Name(s) on recorded deed:
Davis, William C Davis, Karen M
2b. Deed book and page no.:
32425/292
2c. Contact Person:
2d. Address
Street Address
4932 Upchurch Lane
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
2e. Telephone Number:
[phone]
2g. Email Address: *
[e-mail]
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
2a. Name(s) on recorded deed:
Derousse, Terrance

2b. Deed book and page no.:
16567/1825, 16567/1825, 16567/1820
2c. Contact Person:
2d. Address
Street Address
5005 Upchurch Lane
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
2a. Name(s) on recorded deed:
Pecorino, Christopher Carmen Blundell, Dustin James
2b. Deed book and page no.:
19049/1162
2c. Contact Person:
2d. Address
Street Address
5008 Upchurch Lane
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
2a. Name(s) on recorded deed:
Brown, William Alonzo, Brown, Anne Rhyne
2b. Deed book and page no.:
18353/2113
2c. Contact Person:
2d. Address
Street Address
5016 Upchurch Lane
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Tim Smith
3b. Business Name:
Mitchell Mill Investors

3c. Address
Street Address
105 Weston Estates Way
Address Line 2
City
Cary
Postal / Zip Code
27513
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
State / Province / Region
NC
Country
USA
3e. Fax Number:
4c. Address
Street Address
115 MacKenan Drive
Address Line 2
City State / Province / Region
Cary NC
Postal / Zip Code Country
27511 USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
lb. Subdivision name:
(if appropriate)
1c. Nearest municipality I town:
Rolesville, NC
2. Project Identification
2a. Property Identification Number:
See property owner exhibit
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Harris Creek
3b. Water Resources Classification of nearest receiving water:*
C;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.
030202010703
2b. Property size:
±8.2
State / Province / Region
Country
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 site contains an existing and maintained 20' wide sewer easement. The remainder of the project area is wooded with some residential infrastructure nearby. Land use in the vicinity is
largely residential. A large existing power line easement crosses the project area.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
1.67
4g. List the total estimated linear feet of all existing streams on the property:
631
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is the replacement of an existing undersized sewer line.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The existing sewer line measures 10" and is proposed to be replaced with a 24" line that will offer significantly more capacity. The proposed project consists of the construction of 391 If of
24" DIP gravity sewer line, 2,729 If of 24" PVC or DIP, and 325 If of 24" PVC. Ten manholes are proposed along the 3,445 If of replacement line.
The sewer line will be partially located within an existing 20' wide sewer easement. The existing easement will remain and a new 20' wide easement will be constructed alongside the
existing easement. During construction, a 20' wide temporary construction easement will be located along the northern side of the construction area. The final sewer easement will be 40'
wide.
The replacement sewer line will be installed via trench and backfill methods and traditional commercial construction equipment will be used.
The proposed impacts consist of 0.49 acres (21,305 sf) of temporary wetland impacts and 116.53 If (0.02 ac) of temporary stream impacts. 8,218 sf of permanent buffer impacts (4,107 sf
Zone 1, 4,111 sf Zone 2) are proposed for installation of the proposed replacement gravity sewer line. Temporary proposed buffer impacts total 5,404 sf (3,300 sf Zone 1, 2,104 sf Zone 2)
are necessary within the construction easement. Buffer impacts within the existing 20' easement are considered existing use and are not included in the above totals.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-01679
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alyssa Ricci
Agency/Consultant Company: WithersRavenel
Other:
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
WithersRavenel conducted a delineation of the project area in July 2020.
A Preliminary Jurisdictional Determination was issued by the USACE on October 7, 2020. A copy of the PJD is included as an attachment.
A buffer determination was conducted by NCDWR on October 14, 2020. A copy of the determination letter is included as an attachment.
6. Future Project Plans
6a. Is this a phased project? *
Yes 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
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers

2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Sewer Line
Replacement
T
Unknown
Wetland A
Yes
Both
0.230
(acres)
W2
Sewer Line
Replacement
T
Unknown
Wetland A
Yes
Both
0.100
(acres)
W3
Sewer Line
Replacement
T
Unknown
Wetland A
Yes
Both
0.006
(acres)
W4
Sewer Line
Replacement
T
Unknown
Wetland A
Yes
Both
0.020
(acres)
W5
Sewer Line
Replacement
T
Unknown
Wetland A
Yes
Both
0.025
(acres)
W6
Sewer Line
Replacement
T
Unknown
Wetland A
Yes
Both
0.003
(acres)
W7
Sewer Line
Replacement
T
Unknown
Wetland A
Yes
Both
0.100
(acres)
W8
Sewer Line
Replacement
T
Unknown
Wetland A
Yes
Both
0.002
(acres)
2g. Total Temporary Wetland Impact
0.486
2g. Total Wetland Impact
0.486
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.000
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
Si
Sewer Line Replacement
Temporary
Excavation
Stream 3
Perennial
Both
9
Average (feet)
66
(linear feet)
S2
Sewer Line Replacement
Temporary
Excavation
Stream 2
Intermittent
Both
6
Average (feet)
51
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
117
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
3i. Total temporary stream impacts:
117
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
B1: Sewer Line
P
Stream 3
No
1,591
902
B1: Sewer Line
T
Stream 3
No
1,747
836
B2: Sewer Line
P
Harris Creek
No
0
61
B3: Sewer Line
P
Stream 2
No
1,404
2,192
B3: Sewer Line
T
Stream 2
No
1,553
868
B4: Sewer Line (other than perpendicular
crossing)
P
Harris Creek
Yes
1,112
956

B4: Sewer Line (other than perpendicular
crossing)
T
Harris Creek
No
0
400
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1
3,300.00
Zone 1
4,107.00
Zone 1
7,407.00
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Zone 2
2,104.00
Zone 2
4,111.00
Zone 2
6,215.00
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed impacts have been minimized to only temporary impacts to wetlands. Impacts could not be avoided, as the sewer line must be located
within and alongside an existing easement adjacent to Harris Creek.
Upon completion of installation of the sewer line, wetlands will be restored to pre -construction grades/contours and stabilized with biodegradable matting
and seeded to provide temporary stabilization. Disturbed buffers located within the construction easement will be allowed to revegetate naturally.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The replacement sewer line will be installed within an existing and maintained sewer easement to the greatest extent possible. Access to the project will
occur from uplands and erosion and sediment controls will be utilized during construction.
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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Wetland Mitigation
The proposed project will result in temporary impacts to wetlands; therefore, the applicant does not propose wetland mitigation.
Stream Mitigation
The proposed project will result in 116 If (0.02 ac) of temporary stream impacts, therefore no stream mitigation is proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
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? *
Yes No
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)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
The project will not result in additional development that would impact downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No 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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. 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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
On 3/6/2023, WR generated an official species list using USFWS' Information form Planning and Consultation (IPaC), located at
https://ipac.ecosphere.fws.gov/ which is attached. The IPaC Species List identified tricolor bat (proposed endangered), red cockaded woodpecker
(endangered), Neuse River Waterdog (Threatened), Carolina Madtom (Endangered), Atlantic Pigtoe (Threatened), Dwarf Wedgemussel (Endangered)
and Michaux's Sumac (endangered) as potentially occurring within the vicinity of the project. The IPaC did not identify any critical habitat within the
proposed project.
WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify
known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The 3/6/2023 NCNHP Project Review Letter
did not identify any known occurrences of federally listed species within 1.0 miles of the Project.
The project site largely consists of an existing and maintained sewer easement with areas of wetlands and mature mixed hardwood and pine forest.
Pedestrian surveys completed in July 2020 did not identify any occurrences of Michaux's Sumac or RCW. Marginal habitat for Michaux's Sumac was
determined to exist in the review area based on the need for full sunlight and periodic mowing. Based on a lack of suitable onsite habitat and anticipated
sediment and erosion control measures installed prior to development of the project, WR concludes the proposed project will not adversely affect the
listed aquatic species. No direct or indirect impacts are proposed for Harris Creek.
Suitable habitat for Tricolored Bat may exist within the project area. There are various man-made structures located near the site and possibly one
culvert. No caves are located on the project site. Targeted surveys have not been conducted for Tricolored Bat. Some minimal tree clearing will be
necessary for construction of the proposed project. However, it is our opinion that the project will not adversely affect the Tricolored Bat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No

6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA EFH Mapper. There are no waters classified as EFH in Wake 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? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known
historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the
vicinity of the proposed project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
The proposed sewer line replacement project is partially located within the floodplain but will not result in any new flood flow obstructions or result in any
changes to flood levels.
8c. What source(s) did you use to make the floodplain determination?*
FEMA flood maps.
Miscellaneous O
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Appendix.pdf 22.04MB
File must be PDF or KMZ
Comments
Please see included Cover Letter and attachments.
Signature O
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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:
Rick Trone
Signature
464 NV
Date
3/15/2023

%. WithersRavenel
1111011 Our People. Your Success.
March 14, 2023
US Army Corps of Engineers
Raleigh Regulatory Field Office
Ms. Jean Gibby
3331 Heritage Trade Drive
Wake Forest, NC 27587
NC -Division of Water Resources
401 & Buffer Permitting Unit
Mr. Zach Thomas
1617 Mail Service Center
Raleigh, NC 27699
Re: City of Raleigh - Harris Creek Outfall Replacement - NWP 58 PCN Submittal
Rolesville, Wake County
USACE AID: SAW-2020-01679
WR Project #02090125.02
Dear Ms. Gibby and Mr. Thomas,
On behalf of Mitchell Mill Investors, we are requesting authorization from the USACE to use
NWP 58 for 0.49 acres of temporary wetland impacts and 117 linear feet of temporary
stream impacts. We are also requesting a 401 WQC for the same impacts. Additionally, we
are also requesting a Riparian Buffer Authorization for 8,218 sf of permanent buffer
impacts for construction of the proposed sewer line replacement (4,107 sf Zone 1; 4,111 sf
Zone 2).
The project area is ±8.2 acres in size and is located just south and along Upchurch Lane, beginning
at an existing manhole to the west (Lat: 35.891142°N;-78.473965°W), and running east along
the south side of Upchurch Lane to an existing manhole (Lat: 35.893982°N; Long: -78.463132°
W). The proposed sewer line replacement is located within an existing utility easement.
The project is in the Neuse River basin and drains to Harris Creek. The Water Quality
Classification for Harris Creek is C;NSW, and the Stream Index Number is: 27-26. The
cataloging unit for the site is 030202010703.
Proposed Project
The purpose of the proposed project is the replacement of an existing undersized sewer line.
The existing line measures 10" and is proposed to be replaced with a 24" line that will offer
significantly more capacity. The proposed project consists of the construction of 391 If of 24" DIP
gravity sewer line, 2,729 If of 24" PVC or DIP, and 325 If of 24" PVC. Ten manholes are
proposed along the 3,445 If of replacement line.
The sewer line will be partially located within an existing 20' wide sewer easement. The existing
easement will remain and a new 20' wide easement will be constructed alongside the existing
easement. During construction, a 20' wide temporary construction easement will be located along
the northern side of the construction area. The final sewer easement will be 40' wide.
The replacement sewer line will be installed via trench and backfill methods and traditional
commercial construction equipment will be used.
115 MacKenan Drive I Cary, NC 27511
t: 919.469.33401 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines l Wilmington

City of Raleigh - Harris Creek Outfall Replacement
Rolesville, Wake Co.
::WithersRavenel
❑ur People. Your Success.
Project History
WithersRavenel conducted a delineation of the project area in July 2020.
A Preliminary Jurisdictional Determination was issued by the USACE on October 7, 2020. A copy
of the PJD is included as an attachment.
A buffer determination was conducted by NCDWR on October 14, 2020. A copy of the
determination letter is included as an attachment.
Proposed Impacts
The proposed impacts consist of 0.49 acres (21,305 sf) of temporary wetland impacts and 116.53
If (0.02 ac) of temporary stream impacts. 8,218 sf of permanent buffer impacts (4,107 sf Zone 1,
4,111 sf Zone 2) are proposed for installation of the proposed replacement gravity sewer line.
Temporary proposed buffer impacts total 5,404 sf (3,300 sf Zone 1, 2,104 sf Zone 2) are necessary
within the construction easement. Buffer impacts within the existing 20' easement are considered
existing use and are not included in the above totals.
Avoidance and Minimization
The proposed impacts have been minimized to only temporary impacts to wetlands. Impacts could
not be avoided, as the sewer line must be located within and alongside an existing easement
adjacent to Harris Creek.
Upon completion of installation of the sewer line, wetlands will be restored to pre -construction
grades/contours and stabilized with biodegradable matting and seeded to provide temporary
stabilization. Disturbed buffers located within the construction easement will be allowed to
revegetate naturally.
Mitigation
Wetland Mitigation
The proposed project will result in temporary impacts to wetlands; therefore, the applicant does
not propose wetland mitigation.
Stream Mitigation
The proposed project will result in 116 If (0.02 ac) of temporary stream impacts, therefore no
stream mitigation is proposed.
Buffer Mitigation
The proposed project will result in a permanent maintenance corridor 40' in width (including the
existing 20' easement that will be reused). Perpendicular crossings (impacts B1-B3) will disturb
equal to or less than 40 linear feet, therefore no mitigation is required. Impact B4 is an impact
"other than perpendicular crossings" therefore mitigation is required for Zone 1 impacts (1,112 sf).
Page 2 of 3

City of Raleigh - Harris Creek Outfall Replacement
Rolesville, Wake Co.
::WithersRavenel
❑ur People. Your Success.
WithersRavenel contacted mitigation banks that service the Neuse 03020201 basin to determine
availability of buffer mitigation. WR obtained a Statement of Availability from Wildlands Holdings
for the 3,336 sf of Zone 1 buffer mitigation proposed for impact B4, which is attached.
This request is for 0.49 acres of temporary wetland impacts, 117 If (0.02 ac) of temporary
stream impacts, and 8,218 sf of permanent buffer impacts (4,107 sf Zone 1, 4,111 sf Zone 2) (see
the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely
WithersR;
Rick Trone
Environmental Scientist
Attachments:
• Agent Authorization & COR Right of Entry Agreement
• Pre -Filing Meeting Documentation
• Parcel/Owner Information
• Aerial Photo
• USGS Quads
• Wake County Soil Survey
• Delineation Exhibit
• Preliminary JD
• NCDWR Riparian Buffer Determination
• NCNHP Project Review Letter
• USFWS IPaC List
• Statement of Availability for Buffer Mitigation
• Impact Exhibits
Page 3 of 3

aOur WithersRavenel
People. Your Success.
AGENT AUTHORIZATION &
COR RIGHT OF ENTRY
AGREEMENT

DocuSign Envelope ID: C7B6850C-5208-45FA-A1AA-E61 F4D6B3FB0
�. Our People. Your Success.
WithersRavenel
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser, Mitchel Mill Investors (Client) does hereby appoint
WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state
and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water
Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of
the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.)
and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the
following parcels listed below located in Wake Forest NC
• Wake Co. PIN: 1758709579,
• Wake Co. PIN: 1758806894,
• Wake Co. PIN: 1758803892,
• Wake Co. PIN: 1758802673,
• Wake Co. PIN: 1758707313,
• Wake Co. PIN: 1757694902,
• Wake Co. PIN: 1758901417,
• Wake Co. PIN: 1758902622,
• Wake Co. PIN: 1757597541,
• Wake Co. PIN: 1757597767,
±10.02 acre parcel, located at 4932 Upchurch Lane
±2.36 acres, located off Upchurch Lane
±5.09 acres, located at 5005 Upchurch Lane
±1.00 acre, located off Upchurch Lane
±2.16 acre parcel, located at 4929 Upchurch Lane
±13.69 acre parcel, located south of Upchurch Lane
±5.01 acre parcel, located at 5008 Upchurch Lane
±4.92 acre parcel, located at 5016 Upchurch Lane
±1.45 acre parcel, located at 4617 Lizzie Creek Court
±6.47 acre parcel, located at 4609 Lizzie Creek Court
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required supplemental
materials;
To attend meetings to give representation on behalf of the Client.
(2)
(3)
To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
Agent's Name, Address & Telephone:
WithersRavenel, Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. [phone]
Date:
9/23/2020
Signature of Client:
Tim Smith Managing Member
((Name - Print) (Title)
�DocuSigned by:
lwt Swtl&
`-827O413c6EBNIgnatu re)
105 Weston Estates Way
Mailing Address
Cary NC 27513
City State Zip
Phone: [phone]
Email: [e-mail]
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 I f: 919.467.6008 I www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington

RIGHT OF ENTRY AGREEMENT
(Developer in City Easement)
THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as of
the date the Agreement is executed by the City below (the "Effective Date"), between Mitchell
Mill Road Investors,LLC, 105 Weston Estates Way, Cary NC 27513 or "Developer", and the City
of Raleigh, with an address of P.O. Box 590, Raleigh, North Carolina 27602 ("COR" or "City").
RECITALS
WHEREAS, the City owns certain real property having the addresses of see attached
Exhibit B, Raleigh, North Carolina, being further identified as Wake County Tax Parcel # see
Exhibit B and shown on Exhibit A, attached hereto and incorporated herein (the "City Property");
and
WHEREAS, Developer has acquired approvals for the Harris Creek Sewer Outfall and
Cayden Cove of certain land in the vicinity of the City Property, such approvals otherwise
identified by the City of Raleigh with Case Number S-4692, S-5037 (the "Project"); and
WHEREAS, in order to extend public sanitary sewer facilities and service to the Project,
Developer desires to construct sanitary sewer facilities upon, under, through and across a City
sanitary sewer easement established on the City Property (the "Easement") to connect to existing
public sewer lines; and
WHEREAS, the City has determined that extending the sanitary sewer facilities over the
City Property for such purposes would represent an orderly and cost-efficient expansion of the
sanitary sewer system of the City, and is in the public interest; and
WHEREAS, the City is willing to grant permission to Developer, its agents and
contractors, to enter onto the Right of Entry Area (as defined below) to construct the sanitary sewer
facilities, subject to the terms and conditions stated herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. The City hereby grants to Developer, its agents and contractors, access to and across the
City Property in that area specified below to construct and install of a system of pipelines
or mains for sanitary sewer purposes, together with all the appurtenant facilities and
equipment necessary or convenient thereto within the Easement (the "Sanitary Sewer
Facilities". Installation of the Sanitary Sewer Facilities within the Easement shall conform
to all applicable City standards and City Code requirements, including all requirements and
conditions of the Project's approval. Developer shall cause each of its agents and
1
Revised June 2021

contractors to comply with all applicable laws, rules, and regulations in exercising the
rights granted herein. The portion of the City Property subject to this Agreement shall
consist of that area described and shown on Exhibit A [use the language that is used to
describe the easement on the exhibit] (the "Right of Entry Area").
2. The term of this Agreement shall commence on the Effective Date and shall terminate upon
the earlier of (i) the date on which the Sanitary Sewer Facilities that have been installed
within the Easement are accepted by the City and Restoration (as defined in this paragraph)
has been completed by Developer; or (ii) [insert a date certain]. On or by the termination
date, Developer shall remove any and all of its equipment, vehicles, supplies, or any other
materials from the City Property. No later than sixty (60) days from the date on which the
Sanitary Sewer Facilities are accepted by the City, Developer shall re -grade, mulch, re-
seed, plant reasonable ground cover (which may include grass) and/or otherwise restore
and repair the Right of Entry Area and any areas disturbed by Developer outside of the
Right of Entry Area on the City Property (the "Restoration"). In the event Developer fails
to complete the Restoration to the City's satisfaction within thirty (30) days of any written
request from the City to perform the Restoration, then the City may, at its option, restore
such portions of the City Property, and Developer shall within thirty (30) days of demand
therefore, pay the City for the reasonable cost of the Restoration.
3. Until such time as the Sanitary Sewer Facilities are accepted by the City of Raleigh,
Developer shall be solely responsible for maintenance of the Sanitary Sewer Facilities.
Prior to such acceptance of the Sanitary Sewer Facilities, this Agreement shall include
Developer's right of reasonable ingress and egress over the Right of Entry Area as may be
necessary for maintenance purposes.
4. Developer agrees to indemnify, defend, and hold the City, its Council Members,
employees, contractors, agents, invitees, and guests harmless from and against all claims,
demands, actions, losses, damages, liabilities, and expenses (including reasonable
attorneys' fees actually incurred) arising out of, or in any way related to (i) Developer's
failure to comply with all provisions in this Agreement and all applicable laws; or (ii)
injuries to persons, death, or damage to property arising out of, resulting from, or in
connection with activities performed by Developer or its agents or contractors during their
use of the Right of Entry Area. This representation and warranty shall survive the
termination or expiration of this Agreement.
5. Developer, during the term of this Agreement, agrees to keep and maintain in force, and
shall require its contractors performing construction or maintenance work as contemplated
herein to keep and maintain in force (i) commercial general liability insurance with limits
of liability not less than $2,000,000.00 per occurrence and in the aggregate for bodily injury
and property damage, with the City being listed as an additional insured under such
coverage, (ii) worker's compensation and employers' liability insurance as required by law
covering all employees entering onto the Right of Entry Area or the City Property, and (iii)
commercial automobile liability insurance with limits of liability of not less than
$1,000,000.00 combined single limit for all owned, non -owned and hired automobiles with
the City listed as an additional insured under such coverage. In the event Developer does
2
Revised June 2021

not own automobiles, Developer agrees to maintain coverage for hired and non -owned auto
liability, which may be satisfied by way of endorsement to the commercial general liability
policy or separate auto liability policy. Automobile coverage is only necessary if vehicles
are used in the provision of services under this Agreement and/or are brought on to the City
Property. Developer shall furnish the City without demand a certification from the
insurance carrier or carriers with whom the insurance herein mentioned is carried, stating
that such compensation is covered by such carrier or carriers and showing such insurance
to be in fill force and effect. The foregoing insurance policies shall provide that the
insurance carrier shall not initiate cancellation, non -renewal or material limitation of
coverage, without at least thirty (30) days prior written notice to the City ten (10) days for
cancellation due to non-payment of premium). All such policies shall be purchased only
from insurers who are licensed to do business in the State of North Carolina.
6. Any notice contemplated by this Agreement must be in writing, addressed as set forth
herein and shall be either (a) sent by United States Mail, postage prepaid, registered or
certified mail, return receipt requested, in which case the notice will be deemed delivered
four (4) business days after being deposited in the United States mail; (b) sent by overnight
delivery using a nationally recognized overnight courier, in which case the notice shall be
deemed delivered one (1) business day after deposit with such courier; or (c) sent by
personal delivery, in which case the notice will be deemed delivered on the date of delivery.
If to Developer:
If to City:
With a copy to:
City of Raleigh
Department of Public Utilities
Attn:
P.O. Box 590
Raleigh, NC 27602
City of Raleigh
Real Estate
Attn: Real Estate Manager
F.O. Box 590
Raleigh, NC 27602
Either party hereto may change its address for purposes of notice hereunder by giving the
other party hereto ten (10) days prior written notice of such new address.
7. The failure of the City to insist in any instance upon strict performance of any of the terms
and conditions herein set forth shall not be construed as a waiver of the same in any other
instance.
3
Revised June 2021

8. This Agreement shall be governed by and construed in accordance with the applicable laws
of the State of North Carolina, and venue for any action relating to this Agreement shall be
Wake County Civil Superior Court or the United States District Court for the Eastern
District of North Carolina, Western Division.
9. 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
witnessed document executed by the parties.
10. This Agreement shall inure to the benefit of, and be binding upon, the heirs, personal
representatives or successors or assigns of the parties hereto.
11. To the extent permitted by North Carolina law, the parties hereto for themselves, their
agents, officials, employees and servants agree not to discriminate in any manner on the
basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with
reference to the subject matter of this Agreement. The parties further agree, to the extent
permitted by North Carolina law, to conform with the provisions and intent of City of
Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this
Agreement for the benefit of the City of Raleigh and its residents, and may be enforced by
action for specific performance, injunctive relief, or other remedy as provided by law. This
provision shall be binding on the successors and assigns of the parties with reference to the
subject matter of this Agreement.
12. Developer shall comply with E-Verify, the federal E-Verify program operated by the
United States Department of Homeland Security and other federal agencies, or any
successor or equivalent program used to verify the work authorization of newly hired
employees pursuant to federal law and as in accordance with N.C.G.S. §64-25 et seq. In
addition, Developer shall require that any contractor it contracts with to perform the work
permitted herein must comply with the requirements of E-Verify and N.C.G.S. §64-25 et
seq.
13 By City's acceptance of the delivery of this Right of Entry Agreement, together with City's
exercise of the rights and privileges granted hereunder, City hereby acknowledges and
agrees to be bound by the terms and conditions of this Right of Entry Agreement.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
Revised June 2021
4

IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year, as of the date of execution by the City.
CITY OF RALEIGH
By:
Attest:
Date:
Assis ant] City
{Hepmy] City Clerk & Treasurer
DEVELOPER:
[Business Name]
Title: Ak
[Manager(s) r ' LLC or Corporate Officer if corporation or Partner if a General
Partnership or General Partner if a Limited Partnership]
***: **********:******************************** :***:************M******************
STATE OF NORTH CAROLINA
COUNTY OF likka..` .
I certify that the following person(s) personally appeared before me on this day, acknowledging to me
that he or she voluntarily sinned the foregoing document for the purpose stated therein and in the capacity
indicated above: —TVIPACAN
This the G day of gE:Noo '. 2.022— .
r ,-
\i tad f
(SEAL) Notary Public
My Commission Expires: ay. ,.1' !i 2D2jp
5
Devised June 2021

l ACCESS
ROUTE
CITY OF RALEIG14-
Harris Creek
5-4692
JO�
42.
EXHIBIT A
Right of Entry Area
EXHIBIT A
LAWN ARTIST DR
i--CHURCH LN
go .---
• ACCESS
• ROUTE RY
EXISTING
ASFMENT
HARTSFIELD J fI
DR
wej
t
��.
MITC Netc
CPA wads A1NVW
S-5037
Harris Creek
SITE
Replacement
0
rrl
rn
EMILY LN
CATLETT
FARM RD
��—

EXHIBIT A
Right of Entry Area
EXHIBIT A
Reference
Current Property Owner
PIN
Real Estate ID
Plat recorded
Easement Deed
Recorded {Book, Page)
1
POWELL, BRADLEY POWELL,
MICHELE
1757597767
184571
BM1990 01176
17155
727
2
JONES, CHARLES E
1757694902
37052
BM2018 -00390
8581
2079
3
FORRESTER, JENNIFER N
FORRESTER, HAYES G
1758707313
174046
BM1991-40188
12620
2172
4
DAVIS, WILLIAM C DAVIS, KAREN
M
1758709579
139425
BM1985 -00208
3425
292
5
DEROUSSE, TERRANCE
1758802673
292221
BM2001-2059
16567
1825
6
DEROUSSE, TERRANCE
1758803892
292222
BM2001-2059
16567
1825
7
DEROUSSE, TERRANCE
1758806894
292223
BM2001-2059
16567
1820
8
PECORINO, CHRISTOPHER
CARMEN BLUNDELL, DUSTIN
JAMES
1758901417
188744
BM2004 -00589
19049
1162
9
BROWN, WILLIAM ALONZO
BROWN, ANNE RHYNE
1758902622
370522
BM2004 -00589
18353
_
2113
EXHIBIT A
Reference
Property Owner Address
1
4609 LIZZIE CREEK CT
2
0 JONESVILLE RD
3
4929 UPCHURCH LN
4
4932 UPCHURCH LN
5
0 UPCHURCH LN
6
5005 UPCHURCH LN
7
0 UPCHURCH LN
8
5008 UPCHURCH IN
9
5016 UPCHURCH LN
Revised June 2021
EXHIBIT A
Reference
Property Address
1
4609 LIZZIE CREEK CT
2
3816 JONESVILLE RD
3
4929 UPCHURCH LN
4
4932 UPCHURCH LN
5
5005 UPCHURCH LN
6
5005 UPCHURCH LN
7
5005 UPCHURCH LN
8
5008 UPCHURCH LN
9
5016 UPCHURCH LN
6

aOurWithersRavenel
People. Your Success.
PRE -FILING MEETING
DOCUMENTATION

From: Trone. Rick
To: 401PreFile(ancdenr.gov
Subject: Kalas Falls -Offsite Sewer - Harris Creek Sewer Outfall Replacement Pre -filing meeting request
(WR#02090125.02)
Date: Thursday, July 14, 2022 11:05:00 AM
On behalf of Mitchell Mill Investors, we are requesting a Pre -filing meeting for the following project:
Project Name: Kalas Falls -Offsite Sewer Harris Creek Sewer Outfall Replacement
County: Wake
Applicant Name: Mitchell Mill Investors
Applicant Email: karIPprestondev.com
Thanks,
Rick Trone
115 MacKenan Drive I Cary, NC 27511
Office: 919.469.3340 I Direct: 919.538.8184
rtrone(Dwithersravenel.com
CONFIDENTIALITY AND NONDISCLOSURE

::WithersRavenel
Our People. Your Success.
PARCEL/OWNER INFO

2
WAKE CO. PIN: 1757597767
POWELL, BRADLEY POWELL, MICHELE
4609 ;IZZIE CREEK COURT
WAKE FOREST, NC 27587
±6.47-ACRES
WAKE CO. PIN: 1757597541
MOSS, DONALD MOSS, LORI
5005 C AND L AVENUE
WAKE FOREST, NC 27587
±1.45-ACRES
WAKE CO. PIN: 1757694902
JONES, CHARLES E
3816 JONESVILLE ROAD
WAKE FOREST, NC 27587
±13.69-ACRES
•
WAKE CO. PIN: 1758709579
DAVIS, WILLIAM C DAVIS,
KAREN M
4932 UPCHURCH LANE
WAKE FOREST, NC 27587
±10.02-ACRES
i
WAKE CO. PIN: 175883892
DEROUSSE, TERRANCE
5005 UPCHURCH LANE
WAKE FOREST, NC 27587
±5.09-ACRES
WAKE CO. PIN: 1758707313
FORRESTER, JENNIFER N
FORRESTER, HAYES G
4929 UPCHURCH LANE
WAKE FOREST, NC 27587
±2.16-ACRES
WAKE CO. PIN: 1758806894
DEROUSSE, TERRANCE
5005 UPCHURCH LANE
WAKE FOREST, NC 27587
±2.36-ACRES
WAKE CO. PIN: 1758802673
DEROUSSE, TERRANCE
5005 UPCHURCH LANE
WAKE FOREST, NC 27587
±1.00-ACRES
GRAPHIC SCALE
0 125 250
1 inch = 250 ft.
BROWN, ANNE RYHY�
5016 UPCHURCH LAN
WAKE FOREST, NC 27:
±4.92-ACRES
WAKE CO. P N: 1758902622
BROWN, WILLIAM AlONZO &
BROWN, ANNE RYHYNE
5016 UPCHURCH LANE
WAKE FOREST, NC 27587
±4.92-ACRES
WAKE CO. PIN: 1758901417
PECORINO, CHRISTOPHER CARMEN
BLUNDELL, DUSTIN JAMES
5008 UPCHURCH LANE
WAKE FOREST, NC 27587
±5.01-ACRES
IBEWEEPPM
IBM
Date
ROLESVI LLE
KALAS FALLS OFFSITE SEWER
WAKE COUNTY
NORTH CAROLINA
PROPERTY OWNER EXHIBIT
WithersRavenel
1/ Engineers Planners Surveyors
Sheet N a
1

::WithersRavenel
Our People. Your Success.
AERIAL PHOTO

6
2
IBEWISEPPM
Date
ROLESVILLE
KALAS FALLS OFFSITE SEWER
WAKE COUNTY
NORTH CAROLINA
REVIEW AREA
AERIAL (2022)
GRAPHIC SCALE
0 125 250
1 inch = 250 ft.
WithersRavenel
Rupp Engineers Planners Surveyors
Sheet N a
1

::WithersRavenel
Our People. Your Success.
USGS QUADS

— RICCI, ALYSSA
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EVENING SHADE AVE
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MITCHELL MILL RD
GREEN SRO OK R
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02090126.02
ROLESVILLE
KALAS FALLS OFFSITE SEWER
WAKE COUNTY
NORTH CAROLINA
USGS QUAD (2019) - ROLESVILLE
1/AiWithersRavenel
Engineers Planners Surveyors
Sheet No
1

AIA — RICCI, ALYSSA
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1 inch = 300 ft.
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Drawn By
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Date
ovunmo
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lob No
020510126.02
ROLESVILLE
KALAS FALLS OFFSITE SEWER
WAKE COUNTY
NORTH CAROLINA
USGS QUAD (2019) - ROLESVILLE
�l WithersRavenel
1/ Engineers Planners Surveyors
Sheet No
1

Lill WithersRavenel
Our People. Your Success.
WAKE COUNTY SOIL SURVEY

2020 10:42:29 AIA - RICCI, ALYSSA
Designer
Drawn By
Checked By
IIR
AR
m99
Scale
Date
ovunmo
lob No
02090126.02
ROLESVILLE
KALAS FALLS OFFSITE SEWER
WAKE COUNTY
NORTH CAROLINA
WAKE CO. SOIL SURVEY (1970) - SHEET 31 & 32
WithersRavenel
1/ Engineers Planners Surveyors
Sheet No
1