HomeMy WebLinkAboutWM0401274_Monitoring Well Permit Application_20210128NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES
APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM
PLEASE TYPE OR PRINT CLEARLY
In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto,
application is hereby made for a permit to construct monitoring or recovery wells.
1. Date: January 26, 2021
2. County: Guilford
FOR OFFICE USE ONLY
PERMIT NO. ISSUED DATE
3. What type of well are you applying for? (monitoring or recovery): Monitoring
4. Applicant: 77 Investment Group, LLC (Petitioner for DSCA Site DC410035)
Telephone: 3 36-3 55-6655
Applicant's Mailing Address: NCDEQ DSCA Program, 1646 Mail Service Center, Raleigh, NC 27699-1646
Applicant's Email Address (if available): mike.cunningham@ncdenr.gov
5. Contact Person (if different than Applicant): Sam Martin - Hart & Hickman, PC Telephone: 704-586-0007
Contact Person's Mailing Address: 2923 S. Tryon Street, Suite 100, Charlotte, NC 28203
Contact Person's Email Address (if available): smartin@harthickman.com
6. Property Owner (if different than Applicant): State of North Carolina Telephone: 336-971-9766
Property Owner's Mailing Address: 1321 Mail Service Center, Raleigh, NC 27699
Property Owner's Email Address (if available): aashton@uncg.edu (Director of Real Estate)
7. Property Physical Address (Including PIN Number) 904 Union Street (PIN 7864220614)
City Greensboro County Guilford Zip Code 27403
8. Reason for Well(s): Environmental assessment for DSCA Program (DSCA Site DC410035)
(ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.)
9. Type of facility or site for which the well(s) is(are) needed: Dry-cleaning facility
(ex: non -discharge facility, waste disposal site, landfill, UST, etc.)
10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s).
No
11. Type of contaminants being monitored or recovered: chlorinated solvents
(ex: organics, nutrients, heavy metals, etc.)
12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes - 18
Existing Monitoring or Recovery Well Construction Permit No(s).: WM0400798, WM0400799, WM0400863, WM0400864
13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 350-400 feet
14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No
If yes, give distance(s):
15. Well Contractor: Geologic Exploration, Inc. Certification No.: 4163-A
Well Contractor Address: 176 Commerce Boulevard, Statesville, NC 28652
PROPOSED WELL CONSTRUCTION INFORMATION
1. As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing the following:
a. Borehole and well diameter e. Type of casing material and thickness
b. Estimated well depth f. Grout horizons
c. Screen intervals g. Well head completion details
d. Sand/gravel pack intervals
Continued on Reverse
PROPOSED WELL CONSTRUCTION INFORMATION (Continued)
2. Number of wells to be constructed in unconsolidated 5. How will the well(s) be secured Bolted manhole and
material: 1
3. Number of wells to be constructed in bedrock: 0
4. Total Number of wells to be constructed: 1
(add answers from 2 and 3)
locking expansion plug.
6. Estimated beginning construction date: 2/15/2020
7. Estimated construction completion date: 2/17/2020
1.
ADDITIONAL INFORMATION
As required by 15A NCAC 02C .0105(f)(5), attach a scaled map of the site showing the locations of the following:
a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads,
intersections, streams, or lakes within 500 feet of the proposed well or well system.
b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system.
c. The proposed well or well system.
d. Any test borings within 500 feet of proposed well or well system.
e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel
storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas) within 500 feet
of the proposed well or well system.
SIGNATURES
The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of
this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code,
Subchapter 2C) and accepts full responsibility for compliance with these rules
on behalf of petitioner for DSCA Site DC410035 Agent for Petitioner for DSCA Site DC410035
Signature of Applicant or *Agent Title of Applicant or *Agent
Sam Martin, Hart & Hickman, PC
* If signing as Agent, attach authorization agreement stating
Printed name of Applicant or *Agent that you have the authority to act as the Agent.
If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct
wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the
well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C).
See attached property owner access agreement See attached property owner access agreement
Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant)
DIRECTIONS
Please send the completed application to the appropriate Division of Water Resources' Regional Office:
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
Phone: (828) 296-4500
Fax: (828) 299-7043
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5094
Phone: (910) 433-3300
Fax: (910) 486-0707
Mooresville Regional Office
610 East Center Avenue
Mooresville, NC 28115
Phone: (704) 663-1699
Fax: (704) 663-6040
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Phone: (919) 791-4200
Fax: (919) 571-4718
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 946-6481
Fax: (252) 975-3716
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: (910) 796-7215
Fax: (910) 350-2004
Winston-Salem Regional Office
450 W. Hanes Mill Road
Suite 300
Winston-Salem, NC 27105
Phone: (336) 776-9800
Fax: (336) 776-9797
GW-22MR Rev. 3-1-2016
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES
APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM
PLEASE TYPE OR PRINT CLEARLY
In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto,
application is hereby made for a permit to construct monitoring or recovery wells.
1. Date: January 26, 2021
2. County: Guilford
FOR OFFICE USE ONLY
PERMIT NO. ISSUED DATE
3. What type of well are you applying for? (monitoring or recovery): Monitoring
4. Applicant: 77 Investment Group, LLC (Petitioner for DSCA Site DC410035)
Telephone: 3 36-3 55-6655
Applicant's Mailing Address: NCDEQ DSCA Program, 1646 Mail Service Center, Raleigh, NC 27699-1646
Applicant's Email Address (if available): mike.cunningham@ncdenr.gov
5. Contact Person (if different than Applicant): Sam Martin - Hart & Hickman, PC Telephone: 704-586-0007
Contact Person's Mailing Address: 2923 S. Tryon Street, Suite 100, Charlotte, NC 28203
Contact Person's Email Address (if available): smartin@harthickman.com
6. Property Owner (if different than Applicant): City of Greensboro - Department of Transportation Telephone: 336-373-4188
Property Owner's Mailing Address: 401 Patton Avenue, Greensboro, NC 27406
Property Owner's Email Address (if available): richard.lovett@greensboro-nc.gov (Env. Compliance Manager)
7. Property Physical Address (Including PIN Number) City of Greensboro Right -of -Way near 628 S. Mendenhall St.
City Greensboro County Guilford Zip Code 27403
8. Reason for Well(s): Environmental assessment for DSCA Program (DSCA Site DC410035)
(ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.)
9. Type of facility or site for which the well(s) is(are) needed: Dry-cleaning facility
(ex: non -discharge facility, waste disposal site, landfill, UST, etc.)
10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s).
No
11. Type of contaminants being monitored or recovered: chlorinated solvents
(ex: organics, nutrients, heavy metals, etc.)
12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes - 18
Existing Monitoring or Recovery Well Construction Permit No(s).: WM0400798, WM0400799, WM0400863, WM0400864
13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 600-650 feet
14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No
If yes, give distance(s):
15. Well Contractor: Geologic Exploration, Inc. Certification No.: 4163-A
Well Contractor Address: 176 Commerce Boulevard, Statesville, NC 28652
PROPOSED WELL CONSTRUCTION INFORMATION
1. As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing the following:
a. Borehole and well diameter e. Type of casing material and thickness
b. Estimated well depth f. Grout horizons
c. Screen intervals g. Well head completion details
d. Sand/gravel pack intervals
Continued on Reverse
PROPOSED WELL CONSTRUCTION INFORMATION (Continued)
2. Number of wells to be constructed in unconsolidated 5. How will the well(s) be secured Bolted manhole and
material: 1
3. Number of wells to be constructed in bedrock: 0
4. Total Number of wells to be constructed: 1
(add answers from 2 and 3)
locking expansion plug.
6. Estimated beginning construction date: 2/15/2020
7. Estimated construction completion date: 2/17/2020
1.
ADDITIONAL INFORMATION
As required by 15A NCAC 02C .0105(f)(5), attach a scaled map of the site showing the locations of the following:
a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads,
intersections, streams, or lakes within 500 feet of the proposed well or well system.
b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system.
c. The proposed well or well system.
d. Any test borings within 500 feet of proposed well or well system.
e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel
storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas) within 500 feet
of the proposed well or well system.
SIGNATURES
The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of
this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code,
Subchapter 2C) and accepts full responsibility for compliance with these rules
on behalf of petitioner for DSCA Site DC410035 Agent for Petitioner for DSCA Site DC410035
Signature of Applicant or *Agent Title of Applicant or *Agent
Sam Martin, Hart & Hickman, PC
* If signing as Agent, attach authorization agreement stating
Printed name of Applicant or *Agent that you have the authority to act as the Agent.
If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct
wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the
well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C).
See attached property owner access agreement See attached property owner access agreement
Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant)
DIRECTIONS
Please send the completed application to the appropriate Division of Water Resources' Regional Office:
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
Phone: (828) 296-4500
Fax: (828) 299-7043
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5094
Phone: (910) 433-3300
Fax: (910) 486-0707
Mooresville Regional Office
610 East Center Avenue
Mooresville, NC 28115
Phone: (704) 663-1699
Fax: (704) 663-6040
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Phone: (919) 791-4200
Fax: (919) 571-4718
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 946-6481
Fax: (252) 975-3716
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: (910) 796-7215
Fax: (910) 350-2004
Winston-Salem Regional Office
450 W. Hanes Mill Road
Suite 300
Winston-Salem, NC 27105
Phone: (336) 776-9800
Fax: (336) 776-9797
GW-22MR Rev. 3-1-2016
Waste Management
ENVIRONMENTAL QUALITY
December 4, 2017
BRENT MORRIS
77 INVESTMENT GROUP LLC
PO BOX 38638
GREENSBORO NC 27438
RE: Petitioner Eligibility
DSCA Site ID DC410035
829 W Lee St
Greensboro, Guilford County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
The Dry -Cleaning Solvent Cleanup Act (DSCA) Program (DSCA Program) has reviewed your petition to enter into
an agreement and considers 77 Investment Group LLC an eligible petitioner. Enclosed, please find the executed
assessment and remediation agreement. By entering into this agreement, you agree to cooperate with the DSCA
Program to assist in the assessment and remediation of the dry-cleaning solvent contamination at the Site. By
entering into and complying with the agreement, you obtain the liability protection afforded pursuant to N.C.G.S. §
143-215.104K.
The financial responsibility requirements for this site are detailed in appendix B.
The owner(s) of the property will be notified prior to the commencement of any site work to be conducted by the
DSCA Program's independent contractors.
If you have any questions, please contact me at (919)707-8361.
Sincerely,
/44
Mike Cunningham, DSCA Project Manager
Division of Waste Management, NCDEQ
cc:
Attachments: Notification of Certification into the Dry -Cleaning Solvent Cleanup Act Program
Executed Administrative Agreement for State -Directed Assessment and Remediation
Petition
State of North Carolina I Environmental Quality I Waste Management
217 West Jones Street 11646 Mali Service Center I Raleigh, North Carolina 27699-1646
919 707 8200
!VC
Waste Management
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Letter of Certification into the Drycleaning Solvent Cleanup Act Program
On March 1, 2012, pursuant to N.C.G.S. § 143-215.104G, the Dry -Cleaning Solvent Cleanup
Act (DSCA) Program has certified the site located at 829 W Lee St, Greensboro in Guilford
County into the DSCA Program. The site has been assigned the DSCA identification number
DC410035.
Evidence of dry-cleaning solvent contamination has been documented arising from dry-cleaning
operations originating from the site.
Based on information submitted to the Division at the time of certification, the site is a small dry-
cleaning facility for the purposes of determining a site's financial responsibilities as required by
N.C.G.S § 143-215.104F(f)(1).
The site will remain certified in the DSCA Program as long as there is at least one eligible
petitioner who is complying with an agreement between the DSCA Program and that petitioner.
Pete Doorn, Special Remediation Branch Supervisor
Division of Waste Management, NCDEQ
State of North Carolina I Environmental Quality I Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919 707 8200
North Carolina Dry -Cleaning Solvent Cleanup Program
Department of Environmental Quality
Division of Waste Management
Superfund Section
DSCA PETITION FOR CERTIFICATION
The North Carolina General Assembly enacted the Dry -Cleaning Solvent Cleanup Act
and Amendments (DSCA) to facilitate the assessment and remediation of Dry -Cleaning
Facilities, Wholesale Distribution Facilities and Abandoned Sites (Facilities)
contaminated with Dry -Cleaning Solvent. In order for the DSCA cleanup fund to be
used at a Facility, the Facility must be certified by the Division of Waste Management
(Division) of the North Carolina Department of Environmental Quality (NCDEQ) as
meeting the eligibility requirements set out in the DSCA. Rules adopted by the
Environmental Management Commission (EMC) require any person petitioning for
certification of a Facility (Petitioner) to use this DSCA Petition for Certification (Petition).
This Petition is designed to enable the Petitioner to provide the Division with the
information necessary to demonstrate that the Petitioner and the Facility meet the
requirements for certification in the DSCA. Each Petitioner must complete this form and
sign the Acknowledgement page. If the Petitioner is a corporation, limited liability
company, partnership or other business entity, the Petition must be signed by an
individual with authority to bind the business entity, and the individual signing the
Petition must certify that he/she is authorized to legally bind the business entity to the
Petition.
In addition to this Petition, an Assessment and Remediation Agreement (ARA) must be
signed and executed in order for the Petitioner to receive the liability protection afforded
pursuant to N.C.G.S. § 143-215.104K. The ARA also gives the DSCA Program the
authority to undertake state -directed assessment and remediation at the site. The
DSCA Program cannot begin any work at a site until the ARA is executed.
A $1,000 application fee must be paid before the petitioner is
considered eligible. Checks should be made to the Division of Waste
Management and included with the completed petition and signed agreement.
Pay Online
Go to our website at www.dsca.org and click on the DSCA-ePayments link in the right
blue side bar. Use Invoice # DC410035PAF1
Please review the information in the Site and Petitioner Information
Summary and make any corrections necessary.
DSCA Petition October 2007 Page 1
DSCA PETITIONER QUESTIONNAIRE
1. Indicate which of the following describes the Petitioner's relationship to the Facility Site. Check
all that apply:
II
❑
❑
Property Owner ❑ Previous Property Owner
ACTIVE Dry -Cleaning Business Owner ❑ Previous Business Owner
ACTIVE Dry -Cleaning Business Operator ❑ Lessee
2. The Petitioner is a:
❑ Corporation ❑ Partnership
Limited Liability Company ❑ Individual (including sole proprietor)
❑ Limited Partnership ❑ Other:
3. Provide the following information concerning the Petitioner:
Name: 77 Investment Group LLC
Address: PO Box 38638, Greensboro, NC 27438
Telephone: (336)355-6655 Fax: ()-
Email: brent@rpmtriad.com
4. If the Petitioner is not an individual, designate an individual who is authorized to sign for the
business entity and will serve as the contact for the purposes of this Petition:
Name: Brent Morris, 77 Investment Group LLC
Address: PO Box 38638, Greensboro, NC 27438
Telephone: (336)355-6655 Fax: ()-
Email• hranfnrnmfriari rnm
5. If the Petitioner is not the property owner, provide the following information regarding the
Property Owner:
NA
6. Does the Petitioner have, or has the Petitioner ever had, environmental liability insurance
coverage or general liability insurance coverage?
® Yes ❑ No
7. Please indicate the type of facility the contamination is attributed to:
® Dry Cleaning Business
❑ Uniform
❑ Wholesale Distributor ❑ Costume
❑ Linen ❑ Other:
DSCA Petition October 2007 Page 2
8. Name and Location of the Facility (or Former Facility):
Name: The Cleaners
Address: 829 W Lee St
City: Greensboro County: Guilford
Shopping Center:
9. Is this an active Dry -Cleaning business:
/1
Yes ❑ No
10. Type of Facility (if active):
❑
/1
Drop station only ❑ Perc dry-cleaning facility
Non-perc dry cleaning facility ❑ Perc and non-perc dry-cleaning facility
11. Size and/or status of Dry -Cleaning business (http://www.ncdsca.org/RulesRegs.htm):
0 Small facility (fewer than 5 full-time equivalent employees)
❑ Medium facility (at least 5 but fewer than 10 full-time equivalent employees)
❑ Large facility (more than 10 full-time equivalent employees)
❑ Abandoned facility
❑ Wholesale Distributor
12. If the site is abandoned, provide the name of the last Dry -Cleaning Business that did business
at the Facility Site:
Name of Facility:The Cleaners
Address:829 W Lee St
13. Is there a water supply well located on the property where the facility is located:
❑ Yes
/1
No
14. Is the facility in an area scheduled for redevelopment:
❑ Yes
L
No
If yes, will the building where the facility is located be removed: ❑ Yes ❑ No
If yes, when is the redevelopment scheduled:
15. If you are the current property owner, please give date property was purchased.
3/27/2015
16. If you are a previous property owner, please give dates you owned the property.
From
To
17. If you are the current or past drycleaner, please give dates facility is/was in operation.
From
To
DSCA Petition October 2007
Page 3
OTHER INSTRUCTIONS
1. Documentation of a dry-cleaning related release must be submitted.
Therefore, please submit copies of any reports documenting environmental
assessment or remediation activities previously conducted at this site.
This includes any Phase I or Phase II reports conducted for property
transfers.
2. Please make sure that the Acknowledgement page is signed and notarized.
3. Please make sure that you have initialed the applicable Appendices on the
Acknowledgement page.
4. Please be aware that you are required to provide access to the Certified Facility
Site as part of the Petition if you ARE the property owner.
If you are NOT the property owner of the Certified Facility Site, you will be
required to obtain access for the Division and the Division's independent
contractors in the Assessment and Remediation Agreement (ARA) to
undertake all work to be performed at the Certified Facility Site.
5. Completed petitions should be mailed to:
Division of Waste Management
ATTN: Mike Cunningham - DSCA Program
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
DSCA Petition October 2007 Page 4
ACKNOWLEDGEMENT
The Petitioner has indicated their status as a property owner. Therefore, Appendices A,
B and C apply to this Petitioner. Please proceed to these Appendices and read them
carefully since you will be certifying that you agree with or comply with these
Appendices.
Please initial the spaces below to acknowledge that you have read and are in
compliance with each applicable Appendix.
J\ Appendix A
%.1 Appendix B Bel Appendix C
Petitioner (or authorized representative) hereby swears and affirms that the information
provided in this Petition, inclusive of all appendices and attachments, is true and correct
to the best of Petitioner's knowledge.
Petitioner (or authorized representative) hereby affirms Petitioner's intent to make with
the Dry -Cleaning Solvent Cleanup Act Program such agreements as may be reasonably
required under the North Carolina Dry -Cleaning Solvent Cleanup Act for the
assessment and remediation of a Dry -Cleaning Business at the Facility Site.
If signing as an authorized representative, I also hereby affirm that I am authorized to
execute this Petition on behalf of the Petitioner and that I am authorized to legally bind,
and hereby do legally bind, the Petitioner to this Petition and to all certifications
contained in this Petition, inclusive of all appendices and attachments.
This ' 7/1 day of No few iac� 20 / 7
Signature of Petitioner (or auth.rep.):
Name of Petitioner (or auth. rep. - typed or printed): ,aIcNT- /4 e Is
Title of Petitioner (or auth. rep. - typed or printed): 6"^'E /A ' — N1=M4Ert MArIACT.
STATE OF Nor- CO3-011 n
COUNTY OF 1)v 1 O\SOn
1, Sl C\ O• Pn 1\ , a _Notary Public of the county aforesaid, do
hereby certify that ?rem- 'Cc i 1 S _ [name of Petitioner]
personally appeared before me this day and, having been duly sworn, executed the
foregoing DSCA Petition for Certification in my presence.
DSCA Petition October 2007 Page 5
WITNESS my hand and official seal this l0 day of t .:3\1 ember , 20 fl.
My Commission expires:.QI ISt 2c22
[SEAL]
A A A.
NOTAR y y
My Commission E pv*i
CO4_6 4022
pUBUG 4'�
DSCA Petition October 2007 Page 6
APPENDIX A
ACCESS AGREEMENT A
(Petitioner is the Property Owner)
The Cleaners
829 W Lee St
Greensboro
Guilford County
DSCA Site ID No. DC410035
Name of Petitioner: 77 Investment Group LLC
WHEREAS, the Petitioner is petitioning to the North Carolina Department of
Environmental Quality, Division of Waste Management (Division) for certification of the
Property into the Dry -Cleaning Solvent Cleanup Act Program (Program) pursuant to the
Dry -Cleaning Solvent Cleanup Act of 1997 as amended, Part 6, Article 21A, Chapter
143, N.C.G.S. § 143-215.104A et seq. (DSCA); and
WHEREAS, the Petitioner intends to enter into an Agreement for Assessment and
Remediation (ARA) with the Division concerning the Dry -Cleaning Solvent
contamination on the Property; and
WHEREAS, the Petitioner understands that the implementation of the ARA will require
that the Division and its independent contractors (contractors) have free and
unencumbered access to the Property for the purposes of investigating, assessing and
remediating Dry -Cleaning Solvent contamination on and around the Property; and
WHEREAS, the parties to this Access Agreement are the Division and the Petitioner;
NOW THEREFORE, in consideration of the terms and conditions contained in this
Access Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Grant of License and Permission. Petitioner hereby grants to (a) to the Division a
license to access the Property to monitor and enforce the ARA and (b) to the
Division's contractor(s) a license to access the Property to undertake all work to be
performed at the Property, including, but not limited to, the following purposes:
a) Inspecting, sketching and photographing the Property;
b) Taking such soil, water and air samples as may be necessary;
c) Taking other actions related to the investigation of surface or subsurface
conditions, such as installation of monitoring wells or excavation of
impacted soil;
DSCA Petition October 2007 Page 7
d) Transportation of equipment onto and around the Property as necessary
to accomplish the investigation;
e) Taking response actions necessary to mitigate any threat to human health
and the environment;
f) Remediating dry-cleaning solvent contamination at the Property as
needed; and
g) Undertaking such other activities as necessary to complete the work to be
performed as required or permitted under the ARA.
2. Conditions Precedent. The licenses created in Paragraph 1 shall take effect upon
the certification of the Property into the Program and shall remain in effect, unless
otherwise terminated pursuant to Paragraph 12 below, so long as the Property
remains certified under the Program.
3. Observation. Upon the Petitioner's reasonable notice and request, the Petitioner
and its consultants shall have the right to observe any activities performed by or on
behalf of the Division at the Property. Upon the Petitioner's reasonable notice and
request, the Division or its contractors shall allow the Petitioner to split samples of
any environmental samples obtained on behalf of the Division. All costs associated
with obtaining and analyzing the split samples shall be borne solely by the Petitioner.
4. Interference. The Division and its contractors shall endeavor to perform any
activities authorized hereunder at the Property in a manner that minimizes
interference with the use of the Property. The Division and its contractors will make
reasonable attempts to notify the Petitioner at least 48 hours prior to entering the
Property for the purposes stated in Paragraph 1.
5. Insurance. The Division's contractors have agreed to maintain the insurances as
defined in their agreement with the Division, provided however, that the Division
shall have no liability for its contractor's failure to maintain such insurance.
6. Site Repair. The Division or its contractors shall remove and shall have the right to
remove from the Property all equipment and other materials belonging to the
Division or its contractors within a reasonable period of time after the completion of
the activities at the Property authorized hereunder. To the extent practicable, the
Division's contractors shall restore the Property to the original condition it was in
prior to any activities authorized hereunder at the Property, and except as otherwise
agreed to by the parties, shall properly abandon any monitoring wells in accordance
with any applicable laws and regulations.
7. Protection of Wells and Equipment. The Petitioner shall not damage, remove, pave
over or cover any monitoring or remediation wells on the property. The Petitioner
DSCA Petition October 2007 Page 8
also shall not tamper with or affect the operation of assessment or remediation
equipment installed on the property by the Division's contractors.
8. Notice. Any notices, reports, or other communications required or permitted under
this Access Agreement shall be addressed to the representative for each party as
set forth below:
To Petitioner:
BRENT MORRIS
77 INVESTMENT GROUP LLC
PO BOX 38638
GREENSBORO NC 27438
To the Division:
North Carolina Division of Waste Management -DSCA Program
Attn: Mike Cunningham
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
9. Limitations. All obligations of the Division pursuant to this Access Agreement shall
be contingent upon the availability of moneys in the North Carolina Dry -Cleaning
Solvent Act Fund.
10. Governinq Law. This Access Agreement shall be governed by and construed in
accordance with the laws of the State of North Carolina, without reference to choice
of laws principles.
11. Integration Clause. This Access Agreement represents the entire understanding
and agreement between the parties hereto and supersedes any and all prior
agreements, whether written or oral, that may exist between the parties regarding
same. No amendment or modification to this Access Agreement or any waiver of any
provisions hereof shall be effective unless in writing and signed by both parties.
12.Termination. The licenses created in Paragraph 1 may be terminated upon delivery
of reasonable written notice to the Division, which termination shall be effective upon
receipt of such notice. However, such termination will also terminate the ARA and
cause the forfeiture of liability protection under the DSCA. If no such notice is
served and subject to provisions of Paragraph 2 above, the licenses created herein
shall remain in effect until such time as all work or activities under the Program have
been completed at the Property. The right and obligation set out in the first sentence
of Paragraph 6 shall survive the termination of this license.
DSCA Petition October 2007 Page 9
13.Modification. This Access Agreement may not be amended except in writing by the
parties to this Access Agreement.
The parties each represent and warrant that this Access Agreement is executed by their
duly authorized representatives as of the date accepted and agreed upon below.
Accepted and agreed, this day of , 20 .
— t,
--
(Signature of Petitioner or Signatory for Petitioner)
p
(Si. ature for e Division
DSCA Petition October 2007 Page 10
APPENDIX B
CERTIFICATION OF ABILITY TO PAY AND
ACCEPTANCE OF FINANCIAL RESPONSIBILITY
G.S. § 143-215.104F(b)(2) requires that any person petitioning for certification of a Dry -
Cleaning Facility or Wholesale Distribution Facility or Abandoned Site (collectively:
Facility Site) shall provide the North Carolina Department of Environmental Quality
(NCDEQ) with information necessary to demonstrate such person's ability to incur the
response costs specified in G.S. § 143-215.104F(f).
The Petitioner has indicated that this facility is a small dry-cleaning facility. Pursuant to
G.S. § 143-215.104F(f), the required amount of response costs are as follows:
For dry-cleaning facilities owned by persons who employ fewer than five
full-time employees, or the equivalent, in activities related to dry-cleaning
operations during the calendar year preceding the date of the Petition, one
percent (1 %) of the costs of assessment or remediation not exceeding one
million dollars ($1,000,000).
Moreover, G.S. § 143-215.104F(f) requires that each Potentially Responsible Party who
petitions NCDEQ to certify a Facility Site shall accept written responsibility in the
amounts specified in G.S. § 143-215.104F(f), and described above, for the assessment
or remediation of the Dry -Cleaning Solvent contamination identified in the Petition.
Note: if two or more Potentially Responsible Parties petition NCDEQ jointly, the
amounts specified in G.S. § 143-215.104F(f), and described above, shall be the
aggregate requirements for the financial responsibility of all Potentially Responsible
Parties who are party to the Petition. Unless an alternative arrangement is agreed to by
the co -petitioners, the financial responsibility requirements of G.S. § 143-215.104F shall
be apportioned equally among the co -petitioners.
The Petitioner shall demonstrate his ability to incur, and his written acceptance of
financial responsibility for, response costs in the amounts specified in G.S. § 143-
215.104F(f), and described above, for the assessment or remediation of the Dry -
Cleaning Solvent contamination identified in the Petition. The Petitioner shall make this
demonstration by signing the Acknowledgement in this Petition.
DSCA Petition October 2007 Page 11
APPENDIX C
COMPLIANCE WITH STATE AND FEDERAL
ENVIRONMENTAL LAWS, RULES AND REGULATIONS
G.S. § 143-215.104F(b)(4) requires that every Potentially Responsible Party petitioning
for certification of a Dry -Cleaning Facility, Wholesale Distribution Facility or Abandoned
Site (collectively Facility Site) shall provide the North Carolina Department of
Environmental Quality (NCDEQ) with information necessary to demonstrate that the
Petitioner and any parent, subsidiary or other affiliate of the Petitioner, has substantially
complied with:
1. The terms of any dry-cleaning solvent assessment agreement, dry-cleaning
solvent remediation agreement, brownfields agreement, or any other similar agreement
to which the Petitioner or any parent, subsidiary or other affiliate of the Petitioner has
been a party;
2. The requirements applicable to any remediation in which the Petitioner has
previously engaged; and
3. Federal and State laws, regulations, and rules for the protection of the
environment.
By signing the Acknowledgement in this Petition, the Petitioner swears and affirms, to
the best of their knowledge, that the conditions stated above have been met.
DSCA Petition October 2007 Page 12
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WASTE MANAGEMENT
SUPERFUND SECTION
Dry -Cleaning Solvent Cleanup Act of 1997, as amended (DSCA) Program
IN THE MATTER OF:
THE CLEANERS
UNDER THE AUTHORITY OF
THE DRY-CLEANING SOLVENT
CLEANUP ACT OF 1997, AS AMENDED,
N.C.G.S. § 143-215.104A, et seq.
77 INVESTMENT GROUP LLC
PO BOX 38638
GREENSBORO, NORTH CAROLINA
27438
DSCA SITE I.D. DC410035
AGREEMENT
FOR ASSESSMENT AND REMEDIATION
PURSUANT TO THE DRY-CLEANING SOLVENT CLEANUP ACT OF 1997, AS
AMENDED, PART 6, ARTICLE 21A, CHAPTER 143, N.C.G.S. § 143-215.104A ET SEQ.
("DSCA")
I. INTRODUCTION AND STATEMENT OF PURPOSE
The North Carolina Department of Environmental Quality, Division of Waste Management
("Division") and 77 Investment Group LLC ("Petitioner"), collectively ("Parties"), hereby enter
into this Agreement for Assessment and Remediation ("Agreement") pursuant to the Dry -
Cleaning Solvent Cleanup Act of 1997, as amended, Part 6, Article 21A, Chapter 143, N.C.G.S.
§ 143-215.104A et seq. ("DSCA").
In executing this Agreement, Petitioner agrees to cooperate with the Division's Dry -Cleaning
Solvent Cleanup Act Program ("Program") and the Division's independent contractors
("contractors" or "independent contractors") to assist in the assessment and remediation of the
dry-cleaning solvent contamination at the Site, as defined in Section II. E., below. By entering
into and complying with this Agreement, Petitioner obtains the liability protection afforded
pursuant to N.C.G.S. § 143-215.104K. Unless otherwise expressly provided herein, terms used
in this Agreement that are defined in DSCA or at 15A NCAC 2S .0102, shall have the meaning
assigned to them in those provisions, including any amendments thereto.
II. STATEMENT OF FACTS
A. On November 30, 2017, Petitioner filed with the Division a Petition for Certification for The
Cleaners pursuant to DSCA.
B. On March 01, 2012, the Division certified The Cleaners (hereinafter "Certified Facility Site")
pursuant to DSCA and informed Petitioner of its certification decision.
DSCA ARAv20140312 1
C. The Certified Facility Site is located at 829 W Lee St, Greensboro in Guilford County, North
Carolina.
D. Petitioner is a potentially responsible party, within the meaning of N.C.G.S. § 143-
215.104B(b)(21), for assessment and remediation of dry-cleaning solvent contamination at
the Site, as defined in subsection E, below.
E. The "Site" consists of all areas at the Certified Facility Site where dry-cleaning solvent
contamination arising from dry-cleaning or wholesale distribution operations is found and all
areas where dry-cleaning solvent contamination originating at the Certified Facility Site has
come to be located.
F. The Division is authorized to enter into this Agreement pursuant to the authority vested in the
Environmental Management Commission pursuant to DSCA and duly delegated to the
Secretary of the North Carolina Department of Environmental Quality and further delegated
from the Secretary to the Division.
NOW, THEREFORE, for the purpose of assessing and remediating the dry-cleaning solvent
contamination at the Site, the Parties agree as follows:
III. WORK TO BE PERFORMED
It is Petitioner's desire that assessment and remediation at the Site as required or permitted under
DSCA, the rules adopted under DSCA and guidance documents provided by the DSCA Program
shall be performed by independent contractors selected by the Division. The Division's
contractors shall maintain a minimum level of insurance as defined in their contract with the
Division.
IV. DISPUTE RESOLUTION
If Petitioner objects to any Division notice of disapproval or decision made pursuant to this
Agreement, Petitioner shall notify the Division in writing of Petitioner's objections within
fourteen (14) calendar days of receipt of the notice of disapproval or decision. The Parties shall
then have an additional fourteen (14) calendar days from receipt by the Division of the notice of
disapproval or decision to reach an agreement. If an agreement cannot be reached within the
fourteen (14) calendar days, or within an additional period if mutually agreed upon by the
Parties, the Division shall provide a written statement of its decision to Petitioner. Any decision
or action by the Division that cannot be resolved through the dispute resolution procedure
established herein may be subject to review pursuant to Chapter 150B of the North Carolina
General Statutes, to the extent such review is provided by law.
V. FINANCIAL RESPONSIBILITY REQUIREMENTS
Upon demand by the Division, Petitioner shall pay to the Division, on behalf of the Dry -
Cleaning Solvent Cleanup Fund ("Fund"), any amounts for which Petitioner is responsible
pursuant to N.C.G.S. § 143-215.104F(f). Petitioner shall have thirty (30) days from the date of
DSCA ARAv20140312 2
notice of such demand to make payment to the Division. These payments will only be required
by the Division when task -specific work has been completed by the Division's contractor.
VI. ADDITIONAL PROVISIONS
A. To obtain a unique EPA ID number for the disposal of hazardous wastes generated during
the assessment and remediation of the Site, Petitioner agrees that Petitioner will be the
Operator on the RCRA Subtitle C Site Identification Form. For the purposes of disposing of
hazardous waste generated during the assessment and remediation of the Site, Petitioner
agrees that Petitioner will be the Generator on Hazardous Waste Manifests.
B. The Petitioner agrees to allow the Division and the Division's independent contractors to act
as its authorized representatives for the preparation, signing, filing and delivery of any
permit application, hazardous waste manifest, non -hazardous waste manifest, National
Pollution Discharge Elimination System ("NPDES") permit, for complying with reporting
requirements and for any administrative activities that may be necessary during the course
of assessment and remediation conducted pursuant to this Agreement on the Petitioner's
behalf. Contemporaneous with the execution of this Agreement, Petitioner has executed the
Limited Power of Attorney, Attachment 1, which is incorporated herein by reference,
granting this authority to the State and its independent contractors.
C. The Petitioner agrees to execute such amendments to this Agreement as may be required in
order to comply with the provisions of DSCA and rules adopted under DSCA. If Petitioner
is a property owner of the Certified Facility Site, Petitioner agrees to file such land use
restrictions as shall be required by the Division.
D. If, at any time, Petitioner becomes aware of information that may affect the priority of the
Site, Petitioner shall within thirty (30) days provide such information to the Division.
Activities that may alter a Site's priority include, but are not limited to, installation of
nearby water supply wells, new construction/redevelopment over or within contaminated
soil or groundwater at the Site, new occupancy of vacant structures within or near the Site,
or new uses of structures at or near the Site for daycares or schools. The Division may
revise the Site's priority ranking score using the most current version of the DSCA
Prioritization Ranking System.
E. Except as provided by this Agreement, the Division retains all its authority under the
Inactive Hazardous Sites Response Act of 1987, as amended, regarding inactive hazardous
substance or waste disposal sites in relation to the Site. If active dry-cleaning operations or
wholesale distribution operations are occurring at the Site, any hazardous wastes generated
by those operations shall be managed in accordance with Article 9 of Chapter130A of the
North Carolina General Statutes and the rules adopted at 15A NCAC 13A.
F. The signatory for Petitioner to this Agreement certifies that he/she is authorized to execute
this Agreement on behalf of Petitioner.
G. The Petitioner has designated the following representative(s) as the point of contact and the
DSCA ARAv20140312 3
Division will direct all correspondence related to this Agreement to:
BRENT MORRIS
77 INVESTMENT GROUP LLC
PO BOX 38638
GREENSBORO NC 27438
All documents submitted to the Division pursuant to this Agreement shall be mailed or
hand delivered to:
North Carolina Division of Waste Management
DSCA Program
Attn: Mike Cunningham
1646 Mail Service Center
Raleigh, NC 27699-1646
H. Petitioner shall not assign or transfer any interest in this Agreement without the prior
consent of the Division. If Petitioner is the owner or operator of the facility or abandoned
site, Petitioner shall not transfer the ownership or operation of the facility or abandoned site
to another person without the prior written consent of the Division. The consent form can
be downloaded from the Division's web site at www.ncdsca.org or by requesting a copy
from the Division.
I. If Petitioner is a property owner of the Certified Facility Site, Petitioner shall provide a copy
of this Agreement, a copy of the Required Minimum Management Practices Rules, codified
at 15A NCAC 2S .0200 and a copy of the Access Agreement executed by the property
owner to all owners and operators of any dry-cleaning business operating at the Certified
Facility Site before the execution of this Agreement and provide written documentation to
the Division demonstrating that Petitioner has complied with this subsection. The written
documentation required to be executed to satisfy this subsection is attached to this
Agreement as Attachment 2, incorporated herein by reference.
J. If Petitioner owns or operates a wholesale distribution facility or dry-cleaning business
engaged in dry-cleaning operations at the Certified Facility Site, Petitioner shall comply with
the Required Minimum Management Practices Rules, codified at 15A NCAC 2S .0200. A
copy of the rules is included as part of Attachment 2 to this Agreement.
K. All actions taken pursuant to this Agreement shall be in accordance with applicable local,
state and federal laws and regulations.
L. Petitioner understands and agrees that pursuant to N.C.G.S. § 143-215.104T, the State, its
agencies, officers, employees, and agents shall be absolutely immune from any liability in
any proceeding for any injury or claim arising from negotiating, entering into, monitoring, or
enforcing a dry-cleaning solvent assessment agreement, a dry-cleaning solvent remediation
agreement, or a Notice of Dry -Cleaning Solvent Remediation under DSCA or any other
DSCA ARAv20140312 4
action implementing DSCA. Petitioner agrees to indemnify and save and hold harmless the
Division and its officials and employees from any and all claims or causes of action arising
from or on account of acts or omissions of Petitioner or its officers, employees, receivers,
trustees, agents, or assigns during the term of this Agreement relating to the Site. Neither the
Division nor any official or employee thereof shall be held to be a party to any contract other
than (i) this Agreement involving Petitioner relating to the Site or (ii) any other contract
expressly executed by the Division or the State of North Carolina. Petitioner further agrees
that the Division and its officers and employees will not become potentially responsible
parties pursuant to N.C.G.S. § 143-215.104B(21) by virtue of negotiating, entering into,
monitoring, enforcing, or undertaking any other act relating to this Agreement and may not
be held liable for any acts of Petitioner's contractors or representatives in implementing this
Agreement.
M. The Division's authorization of assessment and/or remediation activities pursuant to this
Agreement shall be contingent upon the availability of monies in the Fund. The Division
shall have no obligation to authorize assessment and/or remediation activities at the Site for
which monies are not available in the Fund.
N. The Parties agree that Petitioner's entry into this Agreement and actions undertaken by
Petitioner in accordance with this Agreement do not constitute an admission of liability by
Petitioner. No approval hereunder or receipt of funds hereby shall be taken as a warranty as
to the sufficiency or efficacy of the assessment or remediation of the Site.
O. Except as provided under N.C.G.S. § 143-215.104K, nothing herein shall constitute a
satisfaction of, or release from, liability for any claim arising as a result of operation,
ownership or use of the Site by Petitioner, its agents, lessees, successors or assigns.
P. This Agreement may not be modified without the written consent of the Parties; provided,
however, Petitioner agrees to execute such amendments to this Agreement as required by
section VI.C.
Q. Petitioner agrees that, except as provided in Section VI.A., all products generated by, from or
as the result of assessment and remediation of the Site are and shall remain the property of
the Division. These products may include but are not limited to documents, remediation
equipment, pumps and monitoring wells. Provided, however, "products" shall not include
any dry-cleaning solvent as defined at N.C.G.S. § 143-215.104B(b)(9), any hazardous
substance as defined at N.C.G.S. § 130A-310(2), or any contaminant as defined at N.C.G.S.
§ 130A-310.31(b)(4).
R. The obligations under Section VI, Paragraphs, (J) (L) and (Q) above shall survive the
termination of this Agreement.
S. This Agreement shall continue in force until (1) it is terminated or dissolved by either or both
Parties pursuant to its terms, (2) the Parties execute a subsequent agreement governing the
assessment and/or remediation of the Site, (3) the Division issues a "no further action" letter
with respect to the Site or (4) the Division is unable to obtain the consent of any property
DSCA ARAv20140312 5
owner to file any restrictions on the current or future use of any portion of the Site that are
necessary to assure adequate protection of public health and the environment as provided in
rules adopted pursuant to G.S. 143-215.104D(b)(3).
T. Termination under Section VI.S. (1) shall be effective upon ten (10) business days prior
written notice to the other Party. Termination by the Petitioner shall effect forfeiture of the
liability protection afforded pursuant to N.C.G.S. § 143-215.104K. Termination by the
Division shall entitle the Petitioner to initiate a contested case pursuant to N.C.G.S. Section
143-215.104S and N.C.G.S. Section 150B-23.
U. In the event that this Agreement is terminated, the Division shall retain all applicable
enforcement rights against Petitioner, and Petitioner shall retain all applicable defenses.
V. If Petitioner is a property owner of the Certified Facility Site, Petitioner agrees to grant
access to the Division and the Division's independent contractors to undertake all work to be
performed at the Certified Facility Site. If Petitioner is not a property owner of the Certified
Facility Site, Petitioner shall obtain access for the Division and the Division's independent
contractors to undertake all work to be performed at the Certified Facility Site.
This Agreement shall be deemed executed on the date on which it is signed by the chief of the
Superfund Section of the Division or his designee.
By:
By:
ILA
Bateson, L`Lr [Date]
hief, Superfund Section
Division of Waste Management
North Carolina Department of Environmental Quality
[Signature of/for Petitioner]
ilea► bar It del
[Title of Signatory]
DSCA ARAv20140312
[Date]
6
AGREEMENT FOR ASSESSMENT AND REMEDIATION PURSUANT TO DSCA
ATTACHMENT 1
LIMITED POWER OF ATTORNEY
?REN i Ai a 242../ ,S
("Petitioner"), do hereby
grant a limited power of attorney to the Division and to the Division's independent contractors,
as follows.
The Division and the Division's independent contractors shall have the limited power of attorney
for the preparation, signing, filing and delivery of any permit application, hazardous waste
manifest, non -hazardous waste manifest, National Pollution Discharge Elimination System
(NPDES) permit, for complying with any reporting requirements and for any administrative
activities that may be necessary in the course of assessment and remediation conducted pursuant
to the Agreement into which this Attachment 1 is incorporated.
This limited power of attorney shall terminate upon termination of the Agreement.
Dated W-1 6 , t 7 .
(Seal)
Signature of Petitioner
STATE OF E \ Qry\ c lip 1MCOUNTY OF \
On this Lo day of NCAle fie', 2Q fl, personally appeared before me, the said named
Bie_f* MO (1 S to me known and known to me to be the person described
in and who executed the foregoing limited power of attorney and he (or she) acknowledged that
he (or she) executed the same and being duly sworn by me, made oath that the statements in the
foregoing limited power of attorney are true.
My Commission Expires
Notary Public (Official Seal)
DSCA ARAv0705
622 .
(Signature of Notary Public)
-4
5a NOTARy 9'fi%
a
MN Commission Elvin c
s G2.¢
7 PUBLIC $
°s�N icout6: *
Attachment 1
AGREEMENT FOR ASSESSMENT AND REMEDIATION PURSUANT TO DSCA
ATTACHMENT 2
REQUIRED NOTIFICATION OF DRY-CLEANING BUSINESS
OWNERS AND OPERATORS
Pursuant to the requirements set out at Section VI, paragraph I. of the Agreement into which this
Attachment 2 is incorporated, the Petitioner has provided a copy of the Agreement, including all
attachments, and a copy of the Required Minimum Management Practices Rules, codified at 15A
NCAC 2S .0200 to all owners and operators of any dry-cleaning business operating at the
Certified Facility Site, located at 829 W Lee St, Greensboro in Guilford County, North Carolina.
The dry-cleaning owner(s) or operator(s) has/have read this notice and acknowledge(s) that the
Petitioner has provided a copy of the Agreement and a copy of the Required Minimum
Management Practices.
For more information please call Mike Cunningham at (919)707-8361.
il/6/7
Signature o _k.iitw er
Date
Signature of dry-cleaning business owner, operator or representative Date
Ha_rumor
Title
"The Ct.EArJ fA
Name of dry-cleaning business
DSCA ARAv0705 Attachment 2
15A NCAC 2S .0200
DEFINITIONS
The definition of any word or phrase used in this Subchapter shall be the same as given in G.S.
143-215.104B and the following words and phrases shall have the following meanings:
Act means the Dry -Cleaning Solvent Cleanup Act of 1997 and any amendments thereto.
Apparel and household fabrics means apparel and fabrics that have been purchased at retail or
have been purchased at wholesale for rental at retail.
Business means "business" as defined in G.S. 59-102.
Closed container solvent transfer system means a device or system specifically designed to fill a
dry-cleaning machine with dry-cleaning solvent through a mechanical valve or sealed coupling
in order to prevent spills or other loss of solvent liquids or vapors to the environment.
Discovery Site means the physical site or area where dry-cleaning solvent contamination has
been discovered. A discovery site may or may not be the same property as the facility site.
Division means the Division of Waste Management of the Department of Environment and
Natural Resources.
Dry -Cleaning Business means a business having engaged in dry-cleaning operations or the
operation of a wholesale distribution facility at a facility site.
Environmental media means soil, sediment, surface water, groundwater, air or other physical
substance.
Facility site means the physical location of a dry-cleaning facility, a wholesale distribution
facility or an abandoned site.
Material impervious to dry-cleaning solvent means a material that has been certified by the
manufacturer or an independent testing laboratory such as Underwriters Laboratory, to maintain
its chemical and structural integrity in the presence of the applicable dry-cleaning solvent and
prevent the movement of dry-cleaning solvent for a period of a least 72 hours.
Number of full time employees means the number of full-time equivalent employees employed
by a person who owns a dry-cleaning facility, as calculated pursuant to 15A NCAC 02S .0103.
Person means "person" as defined in G.S. 143-215.77(13).
Petitioner means a potentially responsible party who submits a petition for certification of a
facility site.
DSCA ARAv0705 Attachment 2
APPLICABILITY
The provisions contained in this Section set forth the minimum management practices for the
storage and handling of dry-cleaning solvents required to be implemented at all dry-cleaning
facilities, dry-cleaning solvent wholesale distribution facilities, and abandoned sites. The
provisions contained in this Section are applicable only to owners and operators of dry-cleaning
facilities, dry-cleaning solvent wholesale distribution facilities, and abandoned sites.
REQUIRED MINIMUM MANAGEMENT PRACTICES
(a) All abandoned sites, as defined by G.S.143-215.104(B)(b)(1), shall at all times after this Rule
becomes effective, comply with Required Minimum Management Practice, Subparagraph (b)(5)
of this Rule.
(b) All dry-cleaning facilities and wholesale distribution facilities shall, at all times after this
Rule becomes effective, comply with the following minimum management practices:
(1) At no time shall any dry-cleaning solvent, wastes containing dry-cleaning solvent, or
water containing dry-cleaning solvent be discharged onto land or into waters of the State,
sanitary sewers, storm drains, floor drains, septic systems, boilers, or cooling- towers. All
invoices generated as a result of disposal of all dry-cleaning solvent waste shall be made
available for review by the Department. If a dry-cleaning facility uses devices such as
atomizers, evaporators, carbon filters, or other equipment for the treatment of wastewater
containing solvent, all records, including but not limited to, invoices for the purchase,
maintenance, and service of such devices, shall be made available to the Department.
Records shall be kept for a period of three years.
(2) Spill containment shall be installed and maintained under and around dry-cleaning
machines, filters, dry-cleaning solvent pumps, stills, vapor adsorbers, solvent storage
areas, and waste solvent storage areas by January 1, 2002. Spill containment shall have a
volumetric capacity of 110 percent of the largest vessel, tank, or container within the spill
containment area and shall be capable of preventing the release of the applicable liquid
dry-cleaning solvent beyond the spill containment area for a period of at least 72 hours.
All floor drains within or beneath the spill containment area shall be removed or
permanently sealed with materials impervious to dry-cleaning solvents. Emergency
adsorbent spill clean-up materials shall be on the premises. Facilities must maintain an
emergency response plan that is in compliance with federal, state and local requirements.
(3) All perchloroethylene dry-cleaning machines installed at a dry-cleaning facility after
the effective date of this Rule shall meet air emissions that equal or exceed the standards
that apply to a comparable dry -to -dry perchloroethylene dry-cleaning machine with an
integrated refrigerated condenser. All perchloroethylene dry-cleaning facilities must be in
compliance with the EPA Perchloroethylene Dry Cleaner NESHAP: 40CFR, Part 63,
Subpart M to be eligible for certification.
(4) Facilities that use perchloroethylene shall use a closed container solvent transfer
system by January 1, 2002.
(5) No dry-cleaning facility shall use underground storage tanks for solvents or waste.
DSCA ARAv0705 Attachment 2
r City of Greensboro
\ North Carolina
December 30, 2020
Mr. Sam Martin
Hart and Hickman, PC
2923 South Tryon Street
Suite 100
Charlotte, NC 28203
RE: City of Greensboro Permit Number HH2020-023 at 628 S Mendenhall Street.
Dear Mr. Martin;
The City of Greensboro has reviewed your request to install a permanent groundwater monitoring
well at 628 S Mendenhall Street. This monitoring well is be installed to further assess the geologic
and hydrogeologic conditions related to a Dry Cleaning Solvent Cleanup Act (DSCA) program
that are part of the existing access agreement (2009004022) dated December 16, 2008. Based on
the information provided, Hart and Hickman proposes the following:
• Install 1 permanent monitoring well (MW-12) to top of bedrock. Monitoring well will be
installed to further assess geologic and hydrogeologic conditions near an operational dry-
cleaning facility,
• drilling of the permanent monitoring well will include the use of hollow -stem augers to
top of bedrock or refusal (approximately 75' bgs),
• soil lithology will be logged prior to augering through the collection of macrocores using
direct push technology (DPT),
• once installed, the monitoring well will be completed with a flush -mounted manhole
cover and a locking well cap,
• all soil and groundwater generated during the installation activities will be properly
containerized and disposed by a licensed waste disposal facility, and
• the location of the proposed well is 628 S Mendenhall Street, Greensboro, NC.
The approval is given contingent on the following requirements:
1) All restoration shall be in accordance to the City of Greensboro/NCDOT Specifications
and any additional requirements as per City Inspections. Tunneling under sidewalk,
driveway aprons, or curb & gutter is not permitted. All concrete removal must be from
control joint to control joint. Concrete used for repair and/or replacement of sidewalk must
be 3000 psi minimum using NCDOT approved mix design.
640
P.O. Box 3136 • Greensboro, NC 27402-3136 • www.greensboro-nc.gov • (336) 373-CITY (2489) • TTY # 333-6930
rgCity of Greensboro
North Carolina
2) All installations using the boring method must be bored without water assistance. Bore
depths at street crossings must be equal to 1 foot per 1/2" aggregate cable(s) diameter with
a minimum depth of 3 feet measured from the road surface. Installations parallel to streets
shall be a minimum depth of 2 feet measured from the existing top of curb or edge of ribbon
pavement due to future roadway and sidewalk improvements.
3) Pavement repair shall be according to the City of Greensboro Standards & Specifications,
Std. #107 Rev. 09-03 and be one solid patch around the wells. However, 3' parallel and
longitudinal shelves are required, for trenching greater than 5' in width, depth, or in roads
designated as major thoroughfares. The final inch of surface course for the pavement repair
must be places with a paving machine and compacted with a tandem roller normal to
standard asphalt paving in final repair sections greater than 100 square feet. Paving
equipment must be preapproved by City Inspections. Any additional requirements will be
as per City Inspections.
4) Pedestrian and/or vehicular traffic must be maintained at all times, which should be
addressed by a traffic control plan submitted to GDOT if required by same. Any other
stipulations will be made by GDOT at the time of lane closure permit issuance. Equipment
and materials must be places so as not to interfere with site distance for vehicular traffic.
Temporary ROW closure permits can be obtained at http://gsoapps.greensboro-
nc.gov/publicTRAClosure/
5) As usual during construction phase, your construction manager will be requires to e-mail
my office before 8a.m. each day a copy of where your construction crew will be working.
E-mail address is Richard.lovett@greensboro-nc.g_ov.
6) Any work outside the City's right-of-way will require and be the responsibility of Hart and
Hickman to contact the property owners.
7) Noncompliance with any stipulation either verbal or in writing from any City official of
authority, can be cause for permit suspension and/or revocation.
8) Field Operations environmental Compliance Manager (Richard Lovett) shall be given a
minimum of 24-hour notice prior to beginning this work at 336-373-4188.
9) Repair seeding of landscaped areas shall be according to COG/NCDOT specifications
including a lawn type finish in residential and/or landscaped areas.
10) The permit fees associated with this permit shall be $125. In addition to payment, Hart and
Hickman shall indemnify and save harmless the City of Greensboro from any and all
damages and claims for damage as per the global access agreement and must further insure
the City that it currently has liability insurance in the minimum amount of $1,000,000.00
to cover all risks involved with this authorization and that such insurance will remain in
full force and effect during the activities hereby authorized.
640
P.O. Box 3136 • Greensboro, NC 27402-3136 • www.greensboro-nc.gov • (336) 373-CITY (2489) • TTY # 333-6930
r City of Greensboro
L North Carolina
11) Hart and Hickman shall provide GPS coordinates, construction details and analytical data
related to these borings/wells installed on City Property of in the City ROW.
12) It is the responsibility of Hart and Hickman to contact property owners in advance of the
proposed drilling activities.
Should you have any questions, feel free to contact me at (336) 373-4188.
Thank you,
Richard P. Lovett
Environmental Compliance Support Manager
City of Greensboro
Field Operations Department
401 Patton Ave.
Greensboro, NC 27406
Phone - 336-373-4188
Fax - 336-373-2988
richard.lovett@greensboro-nc.gov
Enclosures
cc:
David Ortega, Department of Transportation, City of Greensboro
Virginia Spillman, Department of Water Resources, City of Greensboro
Brian Gilles, Department of Engineering and Inspections, City of Greensboro
640
P.O. Box 3136 • Greensboro, NC 27402-3136 • www.greensboro-nc.gov • (336) 373-CITY (2489) • TTY # 333-6930
NORTH CAROLINA
GUILFORD COUNTY
P/IA Al-1‘ )
GLOBAL ENCROACHMEN"
- peal
IIIIIIIIIIII/IIIIIIIIIIIIIII 1II111111111111111111111111111
2009004022
GUILFORD CO, NC FEE $20.00
PRESENTED & RECORDED:
01-27-2009 09:47:40 AM
JEFF L. THIGPEN
REGISTER OF DEEDS
BY: LINDA F. ALLRED
DEPUTY -GB
BK: R 6969
PG: 1420-1422
THIS AGREEMENT, made and entered into this 16th day of December 2008, by and
between the CITY OF GREENSBORO, (hereinafter the City) party of the first part; and
Hart & Hickman, PC (hereinafter H&H) party of the second part.
WITNESSETH:
THAT WHEREAS, the City of Greensboro owns certain street rights of way located in
Greensboro, North Carolina, and H&H has requested peitiiission, as contractor of the North
Carolina Department of Environment and Natural Resources (Division of Waste Management)
(hereinafter the "Division) to encroach into the City street rights of way at described locations
("the Property"), said encroachments to be in the nature of:
(1) Taking such soil, water and air samples as may be necessary;
(2) Taking other actions related to the investigation of surface or subsurface conditions;
and
Taking response actions necessary to mitigate any threat to human health or the
environment as a contractor for the Division with respect to the North Carolina Dry -
Cleaning Solvent Cleanup Act program.
(3)
Other conditions:
(1) H&H shall attempt to perform any activities at the property in a manner that
minimizes interference with use of the Property and that of adjoining private
owners. H&H will provide 72 hour's written notice to the City's Engineering and
Inspections Department, Utility Coordination, P.O. Box 3136, Greensboro, North
Carolina (Tel. 336-373-2424) (Fax. 336-373-2338).
(2) On conclusion of all activities, H&H, to the extent practicable, shall restore the
Property to the original condition it was in prior to any activities conducted by the
Division or its contractors. All monitoring wells will be properly abandoned in
accordance with applicable laws and regulations, unless other arrangements are
agreed to by the Property Owner.
The Division or its contractors shall provide the Property Owner and adjoining
private owners notice prior to entering the Property for any purpose. In situations
that the Division determines to be of an emergency nature the Division or its
contractors shall have immediate access to the Property.
(4) The Property Owner shall not willingly destroy, damage, remove, pave over or
cover any monitoring wells at the site without prior consent of the Division, or its
contractor.
(3)
(5) H&H guarantees that the encroachment will neither cause a public nuisance nor
unreasonably interfere with the use of the streets and sidewalks by the public or
public utilities.
(6) H&H hereby agrees to indemnify and save harmless the party of the first part
from any and all damages and claims for damage that may arise by reason of the
encroachment in the street right-of-way, and shall remove any or all of the
structures from encroachment space at the request of the party of the first part,
without any cost to the party of the first part. Such request shall not be arbitrary
or unreasonable. H&H further insures the City that it currently has liability
insurance in the minimum amount of $1,000,000.00 to cover all risks involved
with this authorization and that such insurance will remain in full force and effect
during the activities hereby authorized.
(7) H&H agrees to maintain the encroached upon area in a safe condition.
(8) H&H is responsible for locating any and all utilities (Public and Private) and
structures in the encroachment area and to prevent damage to the same.
(9) The party of the second part, during the construction of the encroachment for
itself, its assignees and successors in interest agrees the contractor, with regard to
the work performed by it during the construction and maintenance of the
authorized testing, shall not discriminate against any protected group, including
the grounds of race, color, creed, gender, religion, age, disability, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment.
(10) H&H shall be responsible for all necessary permits and fees, both annual and job
specific, and all permits shall be in the name of H&H or the DSCA Petitioner.
(11) H&H shall also forward to the following named City Department Head all
abandonment records, preliminary and final environmental reports, closure
reports, and Notices and reports from DENR.
Mail to:
Jeryl W. Covington
Director of Environmental Services
City of Greensboro
P.O. Box 3136
Greensboro, NC 27402-3136
Contact Information:
Phone: 336-373-2787
jeryl.covington@greensboro-nc.gov
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to
be executed in duplicate originals the day and year first above written.
(Corporate Seal)
By:
0 VI I g 111101,
0 ot C ice*
i..•°.ta...„. ?So 0 4
. ...•
ilk- f'
Engineering Director
Approved as to Form:
City Attorney
J,L
\INtAs,_
e>"AjThV
00 A(1 vY-17L,S
LINDA G. PLOURDE
NOTARY PUBLIC
GUILFORD COUNTY, NC
Hart & Hickman, PC
By:
CITY OF GREENSBORO
By:
jlils irrtrument hes been pNaudited in the manner „
oy the Local Government budget and Fiscal Ccolici
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LEGEND
— — — — SITE PROPERTY BOUNDARY
PARCEL LINES
BUILDINGS
MONITORING WELL LOCATION
(<0.00050) PCE CONCENTRATION IN mg/L
_0 0007_ PCE ISOCONTOUR LINE IN mg/L
(DASHED WHERE INFERRED)
NOTES:
1. SITE PROFESSIONALLY SURVEYED BY ISAACS GROUP ON 8/14/14 AND
1/22/15. MW-11 SURVEYED BY H&H ON 2/23/18.
2. GROUNDWATER SAMPLES COLLECTED ON 2/7/18 & 2/8/18.
3. * INDICATES CONCENTRATION FROM 2015 GROUNDWATER SAMPLING
EVENT.
4. NS = NOT SAMPLED
CNL = COULD NOT LOCATE
DRY = UNABLE TO SAMPLE DUE TO DRY WELL
APPROXIMATE
60
120
SCALE IN FEET
r' SHALLOW UNCONSOLIDATED AQUIFER
PCE ISOCONCENTRATION MAP
(FEBRUARY 2018)
PROJECT
THE CLEANERS
DSCA SITE: DC410035
829 WEST LEE STREET
GREENSBORO, GUILFORD COUNTY
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS
2923 South Tryon Street -Suite 100
Charlotte, North Carolina 28203
704-586-0007(p)704-586-0373(f)
License # C-1269 / #C-245 Geology
DATE: 3-15-18
REVISION NO. 0
JOB NO. DSO-73
ATTACHMENT NO. 5A
epor s\2018-02 GW Sampling \Figu
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RESIDENCE
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LEGEND
— — — — SITE PROPERTY BOUNDARY
— — — — PARCEL LINES
BUILDINGS
▪ MONITORING WELL LOCATION
(0.33) PCE CONCENTRATION IN mg/L
-0.0007-
NOTES:
PCE ISOCONTOUR LINE IN mg/L
(DASHED WHERE INFERRED)
1. SITE PROFESSIONALLY SURVEYED BY ISAACS GROUP ON 8/14/14 AND
1/22/15. MW-11 SURVEYED BY H&H ON 2/23/18.
2. GROUNDWATER SAMPLES COLLECTED ON 2/7/18 & 2/8/18.
3. * INDICATES CONCENTRATION FROM 2015 GROUNDWATER SAMPLING
EVENT.
4. NS = NOT SAMPLED
CNL = COULD NOT LOCATE
0
APPROXIMATE
80
160
SCALE IN FEET
DEEP UNCONSOLIDATED AQUIFER
PCE ISOCONCENTRATION MAP
(FEBRUARY 2018)
PROJECT
THE CLEANERS
DSCA SITE: DC410035
829 WEST LEE STREET
GREENSBORO, GUILFORD COUNTY
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS
2923 South Tryon Street -Suite 100
Charlotte, North Carolina 28203
704-586-0007(p)704-586-0373(f)
License # C-1269 / #C-245 Geology
DATE: 3-15-18
JOB NO. DSO-73
REVISION NO. 0
ATTACHMENT NO. 5B
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TYPE II TOP -OF -BEDROCK MONITORING WELL CONSTRUCTION DETAILS
CROSS SECTIONAL VIEW
LOCKABLE WELL CAP
L3
L1
L2
L1 =
L2 =
L3 =
65
10
75
FT.
FT.
FT.
E
4
4
t
DIAMETER OF
BOREHOLE
6.25 in
CONCRETE PAD
FLUSH METAL WELL COVER
CONCRETE PAD
BACKFILL AROUND CASING
MATERIAL
LENGTH
WELL CASING
MATERIAL
DIAMETER
JOINT TYPE
LENGTH
BACKFILL AROUND CASING
MATERIAL
LENGTH
SEAL
TYPE OF SEAL
THICKNESS
FILTER PACK
TYPE OF FILTER
THICKNESS
WELL SCREEN
SCREEN MATERIAL
DIAMETER
LENGTH
SLOT SIZE
DEPTH TO BOTTOM OF
MONITORING WELL
cement grout
3 ft (0 to 3 ft)
schedule 40 PVC
2 inches
flush threaded
65 ft
bentonite/grout
58 ft (3 ft to 61 ft)
bentonite
2 feet (61 ft to 63 ft)
No. 2 Sand
12 ft (63 ft to 75 ft)
schedule 40 PVC
2 inches
10 feet
0.010 inches
75 feet
TITLE Monitoring Well Diagram - MW-12
(628 S. Mendenhall Street)
Hart & Hickman, PC
2923 South Tryon St., Suite 100
Charlotte, North Carolina 28203
FILE
PREP. BY
SQM
REV. BY
CEZ
DATE
12/31/2020
PROJECT NO.
DS0-73
TYPE II TOP -OF -BEDROCK MONITORING WELL CONSTRUCTION DETAILS
CROSS SECTIONAL VIEW
LOCKABLE WELL CAP
L3
L1
L2
L1 =
L2 =
L3 =
65
10
75
FT.
FT.
FT.
E
4
4
t
DIAMETER OF
BOREHOLE
6.25 in
CONCRETE PAD
FLUSH METAL WELL COVER
CONCRETE PAD
BACKFILL AROUND CASING
MATERIAL
LENGTH
WELL CASING
MATERIAL
DIAMETER
JOINT TYPE
LENGTH
BACKFILL AROUND CASING
MATERIAL
LENGTH
SEAL
TYPE OF SEAL
THICKNESS
FILTER PACK
TYPE OF FILTER
THICKNESS
WELL SCREEN
SCREEN MATERIAL
DIAMETER
LENGTH
SLOT SIZE
DEPTH TO BOTTOM OF
MONITORING WELL
cement grout
3 ft (0 to 3 ft)
schedule 40 PVC
2 inches
flush threaded
65 ft
bentonite/grout
58 ft (3 ft to 61 ft)
bentonite
2 feet (61 ft to 63 ft)
No. 2 Sand
12 ft (63 ft to 75 ft)
schedule 40 PVC
2 inches
10 feet
0.010 inches
75 feet
TITLE Monitoring Well Diagram - MW-13
(904 Union Street)
Hart & Hickman, PC
2923 South Tryon St., Suite 100
Charlotte, North Carolina 28203
FILE
PREP. BY
SQM
REV. BY
CEZ
DATE
12/31/2020
PROJECT NO.
DS0-73