WI0500273_INJECTION PERMIT RENEWAL APPLICATION_20180216

hart ' hickman
SMARTER ENVIRONMENTAL SOLUTIONS
Via Email and FedEx
February 16, 2018
NCDEQ—Division of Water Resources
UIC Program
1636 Mail Service Center
Raleigh,NC 27699-1636
Attn: Ms. Shristi Shrestha
Re: Injection Permit Renewal Application
Former W.P. Ballard
639 Junction Road
Durham, Durham County
H&H Project No. DSO-131
Dear Ms. Shrestha:
Hart & Hickman, PC, under contract to the North Carolina Depailment of Environmental
Quality's (NCDEQ's) Drycleaning Solvent Cleanup Act (DSCA) Program, is submitting this
request to renew Injection Permit WI0500273. An electronic copy of the application was
submitted via email on February 16, 2018.
If you have any questions or comments,please do not hesitate to contact me.
Sincerely,
Hart&Hickman,PC
Justin Ballard, PG
Senior Project Geologist
JCB/km
Enclosures
cc: Delonda Alexander(via email)
2923 South Tryon Street,Suite 100 3334 Hillsborough Street
Charlotte,NC 28203 Raleigh,NC 27607 www.harthickman.com
704.586.0007 main 919.847.4241 main

North Carolina Department of Environmental Quality—Division of Water Resources
APPLICATION FOR PERMIT TO CONSTRUCT AND/OR USE A WELL(S) FOR INJECTION
In Situ Groundwater Remediation (15A NCAC 02C.0225)/Tracer Injection (15A NCAC 02C.0229)
Do not use this form for the following:
• In-situ remediation,tracer,or aquifer test injection wells permitted by rule(ref. 15A NCAC 02C.0217)
• remediation systems that reinject treated contaminated groundwater(Non-discharge)(ref. 15A NCAC 02T.1600)
Permit Number (to be completed by DWR):
APPLICATION INFORMATION
1. Project is: []New [] Modification [x] Renewal without modification [] Renewal with modification
2. If this application is being submitted for Renewal and/or Modification to an existing permit,provide:
(a.) Existing permit number WI0500273 Issued Date: 1/27/2011 &Expiration Date: 12/31/2012
For all Renewals, submit a status report including monitoring results of all injection activities to date.
For Renewal without modification only,fill out sections I&II only,sign the certification on the last page of this form,
and obtain the property owner's signature to indicate consent(f the applicant is not the owner).
II. WELL OWNER(S)/PERMIT APPLICANT(generally the responsible party)
1. Name(s): W.P.Ballard Co,Inc. (Petitioner for DSCA Site DC320008)
2. Signing Official's Name*: Justin Ballard,PG Title: Agent for Petitioner for DSCA
Site DC320008
* Signing Official must be in accordance with instructions in Part X on page 5.
3. Mailing address of Permittee/Applicant: DSCA Program,Mail Service Center 1646
City: Raleigh State: NC Zip: 27699-1646
4. Telephone number: 919-707-8365 Email: Delonda.Alexander@a,ncdenr.gov
5. Status(choose one): Individual Business/Org. Federal x State County Municipality
III. PROPERTY OWNER(S)(if different than well owners)—SEE APPENDIX 1
1. Name(s): (1)Junction Road LLC; (2)Atlantic Land&Improvement C Family Lines Rail System(CSX)
2. Mailing address(1)2146 E Old Oxford Road; (2)Tax Department J-910 500 Water Street
City: (1)Chapel Hill;(2)Jacksonville State: (1)NC; (2)FL Zip: (1)27514; (2) 32202
3. Telephone number: (1)919-619-4806 (2) 904-279-3818 Email: (1)not available
(2)[e-mail]
IV. PROJECT CONTACT—(generally the environmental/engineering consultant).
1. Name: Justin Ballard,PG Title: Senior Project Geologist
2. Company: Hart&Hickman,PC
3. Address: 3334 Hillsborough Street
4. City: Raleigh State: NC Zip: 27607
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5. Telephone number: 919-723-2507 Email: [e-mail]
V. FACILITY INFORMATION
1. Facility name: Former W.P.Ballard Phone No. if available:
2. Physical address: 639 Junction Road
City: Durham County: Durham Zip: 27703
3. Geographic Coordinates: Latitude: 36.000213 Longitude: -78.851003
Reference Datum: Accuracy:
Method of Collection(i.e., Google Earth,GPS,etc.): Google Earth
4. Brief description of business: The current facility occupant is Branz Technologies Inc.,which performs traffic
control,equipment rentals,and construction.
VI. INCIDENT DESCRIPTION
1. Source and date of contamination: W.P.Ballard was a wholesale dry-cleaning supply business which stored
tetrachloroethylene(PCE)for retail distribution. Until 2001,PCE was stored on-site in a 5,000-gallon AST
located within the building. On August 27, 1997,approximately 3,500 gallons of virgin PCE were released from
the AST and flowed across the floor to the southwest and under the exterior wall of the building onto the soil.
2. List all contaminants present in soils or groundwater at the site (contaminants may be listed in groups, e.g.,gasoline,
diesel,jet fuel,fuel oil, chlorinated ethenes, chlorinated ethanes, metals,pesticides/herbicides, etc):
Chlorinated ethenes(primarily PCE and PCE breakdown products)
3. Has LNAPL or DNAPL ever been observed at the site(even if outside the injection zone)?
[x] Yes If yes,list maximum measured separate phase thickness: 3.13 (MW-3) feet
[]No If no,list maximum concentration of total VOCs observed at site: ppb
4. Agency managing the contamination incident:
[] UST Section [x] Superfund Section(including REC Program and DSCA sites)
[] DWR Aquifer Protection Section [] Solid Waste Section
[] Hazardous Waste Section [] Other:
5. Incident manager's name: Ms. Delonda Alexander Phone No.: 919-707-8365
6. Incident number or other incident mgmt. agency tracking number: DSCA ID DC320008
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VII. PERMITS
List all applicable permits or construction approvals issued for the facility or incident:
1. Previous or other UIC permits issued by DWR(e.g.,NOIs) WI0500273
2. Other Non-Discharge or NPDES permit issued by DWR: NC086720 (not active)
3. County or DEH subsurface wastewater disposal permits: none identified
4. Hazardous waste management or other environmental permits required by state or federal law: DWQ Permits
WM0500647,WM0500646,WM0500649,WM0500648,WM0500693,WM0500694,WM0500727,
WM0500914,and WM0501190 for monitoring well construction.
VIII. INJECTION SUMMARY—Not applicable (permit renewal)
1. List all proposed injectants/additives.
NOTE: Only injectants approved by the epidemiology section of the NC Division of Public Health,Department of
Health and Human Services can be injected. Approved injectants can be found online at
http://deq.nc.gov/about/divisions/water-resources/water-resource s-permits/wastewater-branch/ground-water-
protection/ground-water-approved-injectants. All other substances must be reviewed by the DHHS prior to use.
Contact the UIC Program for more info (919-807-6496) if you wish to get approval for a different additive.
However,please note it may take 3 months or longer.
Injectant: Total Amt.to be injected(gal)/event
Injectant: Total Amt.to be injected(gal)/event
Injectant: Total Amt.to be injected(gal)/event
Injectant: Total Amt.to be injected(gal)/event
Injectant: Total Amt.to be injected(gal)/event
2. Number of separate injection events: Duration of Event:
3. Estimated Injection rate per well: gallons per minute (GPM)
4. Estimated Injection pressure: pounds/square inch(PSI)
5. Temperature at point of injection: °F
6. Injection will be via:
( Existing well(s);Total No.: ; Well Type (DPT,Permanent,etc.):
( Proposed well(s);Total No.: ;Well Type (DPT,Permanent,etc.):
7. NC Certified Well Drilling Contractor's Name (if known):
NC Well Contractor Certification No.:
8. Date to be constructed if proposed: (attach GW-ls for existing injection wells)
9. Screened interval/Injection interval of injection wells:
Depth from to feet below land surface (BLS)(if multiple intervals,indicate shallowest
to deepest depth)
10. Well casing(leave blank if Geoprobes®):
Type: ( PVC ( Stainless steel( Other:
Casing depth: to ft.BLS
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Type: ( PVC ( Stainless steel( Other:
Casing depth: to ft.BLS
11. Grout(leave blank if Geoprobes):
Type: ( Cement ( Bentonite ( Other:
Grout depth: to ft.BLS
Type: ( Cement ( Bentonite ( Other:
Grout depth: to ft. BLS
IX. ATTACHMENTS—provide the following information in separate attachments. The attachments should be clearly
identified and presented in the order below to expedite review of the permit application package.
1. INJECTION ZONE—Per 15A NCAC 02C .0225(e)(2), specify the horizontal and vertical portion of the subsurface within
which the proposed injection activity will take place and beyond which no violations of groundwater quality standards shall
result from the injection as determined by an approved monitoring plan. The determination shall be based on the hydraulic
properties of the specified zone. Provide any supporting documentation in a separate attachment.
2. HYDROGEOLOGIC EVALUATION—Per 15A NCAC 02C.0225(e)(3),provide a hydrogeologic evaluation of the injection
zone that includes all of the following:
(A) Regional and local geology and hydrology;
(B) Changes in lithology underlying the facility;
(C) Depth to bedrock;
(D) Depth to the mean seasonal high water table;
(E) Hydraulic conductivity,transmissivity,and storativity,of the injection zone based on tests of site-specific material,
including a description of the test(s)used to determine these parameters;
(F) Rate and direction of groundwater flow as determined by predictive calculations or computer modeling; and
(G) Lithostratigraphic and hydrostratigraphic logs of any existing test and injection wells.
3. 1NJECTANT INFORMATION—Per 15A NCAC 02C.0225(e)(5).provide information on each injectant as indicated below:
(A) MSDS,concentration at the point of injection,and percentage if present in a mixture with other injectants;
(B) The source of fluids used to dilute,carry,or otherwise distribute the injectant throughout the injection zone. If any
well within the area of review of the injection facility is to be used as the fluid source,then the following information
shall be submitted: location/ID number, depth of source, formation, rock/sediment type, and a chemical analysis
of the water from the source well, including analyses for all contaminants suspected or historically recognized in
soil or groundwater on the site;
(C) A description of the rationale for selecting the injectants and concentrations proposed for injection, including an
explanation or calculations of how the proposed injectant volumes and concentrations were determined;
(D) A description of the reactions between the injectants and the contaminants present including specific breakdown
products or intermediate compounds that may be formed by the injection;
(E) A summary of results if modeling or testing was performed to investigate the injectant's potential or susceptibility
for biological,chemical,or physical change in the subsurface; and
(F) An evaluation concerning the development of byproducts of the injection process, including increases in the
concentrations of naturally occurring substances. Such an evaluation shall include the identification of the specific
byproducts of the injection process, projected concentrations of byproducts, and areas of migration as determined
through modeling or other predictive calculations.
4. INJECTION PROCEDURE —Per 15A NCAC 02C .0225(e)(6), submit a table with a detailed description of the proposed
injection procedure that includes the following:
(A) The proposed average and maximum daily rate and quantity of injectant;
(B) The average maximum injection pressure expressed in units of pounds per square inch(psi); and
(C) The total or estimated total volume to be injected.
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5. FRACTURING PLAN(if applicable)—Per 15A NCAC 02C.0225(e)(7), submit a detailed description of the fracturing plan
that includes the following:
(A) Material Safety Data Sheets of fracturing media including information on any proppants used;
(B) a map of fracturing well locations relative to the known extent of groundwater contamination plus all buildings,
wells, septic systems,underground storage tanks,and underground utilities located within the Area of Review;
(C) a demonstration that buildings,wells,septic systems,underground storage tanks,and underground utilities will not
be adversely affected by the fracturing process;
(D) injection rate and volume;
(E) orientation of bedding planes,joints,and fracture sets of the fracture zone;
(F) performance monitoring plan for determining the fracture well radius of influence; and
(G) if conducted, the results of geophysical testing or pilot test of fracture behavior conducted in an uncontaminated
area of the site.
6. WELL CONSTRUCTION DETAILS — Per 15A NCAC 02C .0225(e)(8), submit the following information in tabular or
schematic form as appropriate for each item:
(A) number and depth of injection wells;
(B) number and depth of borings if using multi-level or"nested"well systems;
(C) indication whether the injection wells are existing or proposed;
(D) depth and type of casing;
(E) depth and type of screen material;
(F) depth and type of grout;
(G) indication whether the injection wells are permanent or temporary"direct push"points; and
(H) plans and specifications of the surface and subsurface construction details.
7. MONITORING PLAN—Per 15A NCAC 02C.0225(e)(9),submit a monitoring plan that includes the following:
(A) target contaminants plus secondary or intermediate contaminants that may result from the injection;
(B) other parameters that may serve to indicate the progress of the intended reactions;
(C) a list of existing and proposed monitoring wells to be used; and
(D) a sampling schedule to monitor the proposed injection.
Monitoring wells shall be of sufficient quantity and location to detect any movement of injection fluids, injection process byproducts, or
formation fluids outside the injection zone. The monitoring schedule shall be consistent with the proposed injection schedule,pace of
the anticipated reactions, and rate of transport of the injectants and contaminants.
8. WELL DATA TABULATION—Per 15A NCAC 02C.0225(e)(10).provide a tabulation of data on all existing or abandoned
wells within the area of review of the injection well(s) that penetrate the proposed injection zone, including monitoring
wells and wells proposed for use as injection wells. Such data shall include a description of each well's type, depth, and
record of construction or abandonment.
9. MAPS AND CROSS-SECTIONS — Per 15A NCAC 02C .0225(e)(11), provide scaled, site-specific site plans or maps
depicting the location,orientation,and relationship of facility components including the following:
(A) area map based on the most recent USGS 7.5' topographic map of the area,at a scale of 1:24,000 and showing the
location of the proposed injection site;
(B) topographic contour intervals showing all facility related structures, property boundaries, streams, springs, lakes,
ponds,and other surface drainage features;
(C) all existing or abandoned wells within the area of review of the wells listed in the well data tabulation that penetrate
the proposed injection zone;
(D) potentiometric surface map(s)that show the direction of groundwater movement,existing and proposed wells;
(E) contaminant plume map(s)with isoconcentration lines that show the horizontal extent of the contaminant plume in
soil and groundwater,and existing and proposed wells;
(F) cross-section(s) to the known or projected depth of contamination that show the horizontal and vertical extent of
the contaminant plume in soil and groundwater,major changes in lithology,and existing and proposed wells;and
(G) any existing sources of potential or known groundwater contamination, including waste storage, treatment, or
disposal systems within the area of review of the injection well or well system.
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X. CERTIFICATION(to be signed as required below or by that person's authorized agent*)
NCAC 15A 02C .0211(e)requires that all permit applications shall be signed as follows:
1. for a corporation: by a responsible corporate officer
2. for a partnership or sole proprietorship: by a general partner or the proprietor, respectively
3. for a municipality or a state, federal, or other public agency: by either a principal executive officer or
ranking publicly elected official
4. for all others: by the well owner.
*If an authorized agent is signing on behalf of the applicant,then supply a letter signed by the applicant
that names and authorizes their agent. (See signature authority in Appendix 1.)
"I hereby certify under penalty of law that I have persqpNeVag "fc4 am familiar with the information
submitted in this document and all attachments thereip, gt 452 o%my inquiry of those individuals
immediately responsible for obtaining said informatidli, I$ePig• at ale information is true, accurate, and
complete. I am aware that there are penalties, includirt th'pos3Y. �► offies$nd imprisonment,for submitting
false information. I agree to construct, operate, maintai,reps a'r, f /if ap i ccj,le, abandon the injection well(s)
and all related appurtenances in accordance with the ap ,a `. phi Ad conditions of the Permit.
Printed Name and Titl • usti 11 -Agent for DSCA''A j 1I)e320008
Signature: - Date: z/'6/2-043
XI. CONS OF PROPERTY OWNER(if the property is not owned by the permit applicant)
"Owner"means any person who holds the fee or other property rights in the well being constructed. A well is real
property and its construction on land shall be deemed to vest ownership in the land owner,in the absence of contrary
agreement in writing.
"As owner of the property on which the injection well(s) are to be constructed and operated, I hereby consent to
allow the applicant to construct each injection well as outlined in this application and agree that it shall be the
responsibility of the applicant to ensure that the injection well(s) conform to the Well Construction Standards
(15A NCAC 02C.0200)."
Printed Name and Title: SEE AGREEMENTS IN APPENDIX 1
Signature: Date:
Submit TWO hard copies of the completed application package with an electronic version in CD or USB Flash Drive to:
Division of Water Resources—UIC Program
1636 Mail Service Center
Raleigh,NC 27699-1636
Telephone[phone]
In-Situ Groundwater Remediation Application Rev. 8-28-2017 Page 6 of 6

APPENDIX 1
H&H/DSCA CONTRACT,PETITIONER/DSCA ASSEASSMENT AND REMEDIATION
AGREEMENT,CSX ACCESS AGREEMENT

STATE OF NORTH CAROLINA CONTRACT NO: N17013
CONTRACTOR'S FEDERAL
ID OR SOC. SEC.NO.: 56-1941224
THIS AGREEMENT ("AGREEMENT") is made and entered into by and between
Hart&Hickman.PC.2923 South Tryon Street,Suite 100,Charlotte,NC,28203 hereinafter referred
to as "CONTRACTOR," and the North Carolina Department of Environmental Quality,
hereinafter referred to as "DEPARTMENT";
WITNESSETH:
WHEREAS, the DEPARTMENT is responsible for assessing and mitigating and/or remediating
environmental and human health risks posed by dry-cleaning sites pursuant to the Dry-Cleaning
Solvent Cleanup Act of 1997, as amended, Part 6, Article 21A, Chapter 143, N.C. Gen. Stat. §
143-215.104A et seq. ("DSCA");
WHEREAS, the Department is authorized to enter into contracts for investigative, engineering,
and contractual services (including any ancillary procurements of goods, services and equipment)
pursuant to Articles 3D and 8 of Chapter 143 of the North Carolina General Statutes to conduct
assessment and mitigation and/or remediation of DSCA sites;
WHEREAS,the DEPARTMENT is responsible for administering the Scope of Work;
WHEREAS, the CON TRACTOR has exhibited evidence of experience, ability, competence and
reputation to perform environmental engineering services at contaminated sites; and
WHEREAS, the DEPARTMENT has recommended, Hart&Hickman, PC as the Department's
contractor to perform certain investigative, remediation and/or mitigation activities related to
contamination at DSCA sites in the State of North Carolina.
NOW,THEREFORE,for and in consideration of the mutual promises to each other,as hereinafter
set forth,the parties hereto do mutually agree as follows:
1. The CONTRACTOR hereby agrees to provide, in a manner satisfactory to the
DEPARTMENT, and as authorized on a task order/not-to-exceed basis, technical services to
investigate and mitigate the DSCA sites. Services may include, but are not limited to the
following:
A. Tasks as specified in Attachment 1 Scope of Work which is incorporated as part of this
AGREEMENT.
B. Special Conditions
i. Specific CONTRACTOR tasks to be performed under this AGREEMENT shall be
authorized on a task order/not-to-exceed basis following submittal of site or task
specific work plans (including schedules and costs) by the CONTRACTOR; no task
shall be initiated by the CONTRACTOR until written authorization has been received
from the DEPARTMENT's Contract Administrator (or its duly authorized agent);
authorized scopes of work and costs may be adjusted by the DEPARTMENT's
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Contract Administrator (or its duly authorized agent) after approving the adjustment
requested by the CONTRACTOR prior to completion of the tasks for which the
adjustment is necessary; such adjustments may be approved orally by the
DEPARTMENT's Contract Administrator (or its duly authorized agent), however, a
written request for the adjustment, including its justification must be submitted to the
DEPARTMENT within 48 hours of the DEPARTMENT's oral approval; provided,
the DEPARTMENT reserves the right to determine,after review of the written request
for adjustment,that the requested adjustment was not reasonable and necessary and is
therefore not reimbursable;
ii. The DEPARTMENT shall provide the CONTRACTOR the DEPARTMENT's current
version of the North Carolina DSCA Program Contract Task Management Guidance
("Task Management Guidance") prior to execution of this AGREEMENT and any
subsequent updated versions upon their availability. The CONTRACTOR shall
comply with the terms of the Task Management Guidance when conducting work
pursuant to this AGREEMENT;
iii. The CONTRACTOR shall take necessary and reasonable precautions to protect and
prevent damage to the sites and surrounding lands. To the extent practicable, the
CONTRACTOR shall return non-disposal areas of the site and any affected
surrounding lands, including any areas disturbed or damaged by the CONTRACTOR
or their subcontractors, to the condition that existed prior to the CONTRACTOR's
work;
iv. In providing services to the Department under this AGREEMENT, the
CONTRACTOR is responsible for complying with all applicable local, state and
federal laws and regulations,particularly in relation to the handling,transportation and
disposal of hazardous wastes and materials;
v. The CONTRACTOR shall be responsible for conducting an underground utilities
search and mark-out at the site prior to initiating any intrusive investigations,including
excavation and drilling activities;
vi. The CONTRACTOR shall be responsible for the proper storage, handling,
transporting, and disposal of contaminated investigation derived and mitigation-
derived wastes;
vii. The CONTRACTOR shall be responsible for complying with applicable local, state
and federal laws and regulations governing the permitting, construction, and
abandonment of wells at the site; and for obtaining all required permits for the
construction and operation (including effluent/emissions discharges) of any
remediation systems;
viii. The CONTRACTOR shall certify that all employees, including subcontractor
personnel, engaged in intrusive field activities at the site have completed all OSHA-
required health and safety training for hazardous waste sites;
ix. The fee schedule, attached to this AGREEMENT as Attachment 2 and incorporated
herein by reference, shall be the basis for determining appropriate task-specific costs.
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The unit prices shall be fixed for the term of this contract. The DEPARTMENT will
reimburse pre-approved costs listed on Attachment 2. In accordance with this fee
schedule, the DEPARTMENT will only reimburse pre-approved costs and activities
that are deemed reasonable and necessary by the DEPARTMENT.
x. In providing services to the Department under this AGREEMENT, the
CONTRACTOR is responsible for complying with the Personal Qualifications and
Task Descriptions Protocol attached to this AGREEMENT as Attachment 3 and
incorporated herein by reference.
2. The DEPARTMENT hereby agrees to pay the CONTRACTOR up to $15,000,000 for services
and not to exceed a total of$15,000,000 as authorized by the DEPARTMENT, said sums to be
compensation for individual tasks, services, products, publications or printed studies to be
rendered under this AGREEMENT. The DEPARTMENT, however, does not guarantee any
minimum number of tasks to be performed under this AGREEMENT and therefore does not
guarantee any amount of compensation.
3. The term of this AGREEMENT shall be five years from its effective date. This AGREEMENT
may be extended for a period of two years or for as much additional time as is needed to
complete ongoing projects, if mutually agreed to in writing by both parties and if the
CONTRACTOR'S performance to date has been satisfactory to the DEPARTMENT,provided
that sufficient funding exists. The CONTRACTOR shall ensure that work performed under
this AGREEMENT shall be undertaken and completed in such sequence as to assure its
expeditious completion in light of the purposes of this AGREEMENT.
4. Upon the CONTRACTOR's completion, to the DEPARTMENT's satisfaction, of all tasks
assigned to it by the DEPARTMENT and the DEPARTMENT's payment to the
CONTRACTOR for such completed tasks assigned, the DEPARTMENT shall be under no
further obligation to administer any additional funds or assign any additional tasks.
5. The CONTRACTOR shall submit invoices only when work corresponding to task orders
approved by the DEPARTMENT has been completed or on a monthly basis if tasks will take
greater than 90 days to complete. All invoices shall be itemized with a cost breakdown by
personnel and activity and include a brief description of the activity. Billing time for personnel
and equipment shall be on a half hour basis.
6. The payment schedule to allocate funds set forth in paragraph 2 shall be paid by the
DEPARTMENT to the CONTRACTOR on a task order/cost-not-to-exceed basis, based on
itemized invoices. Payments by the DEPARTMENT shall be made within a reasonable time
following receipt of each complete, accurate, and properly submitted itemized invoice. If the
CONTRACTOR invoice contains errors or inadequate back-up detail for individual cost items,
payments shall be withheld until such problems are corrected. No payment shall exceed the
itemized invoiced amount. All Contractor's invoices (including subcontracted work) are
subject to the North Carolina False Claims Act and violations of that Act are investigated by
the North Carolina Attorney General who has authority to recovery any damages sustained by
the Department caused by a Contractor's violation of the Act.
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7. The CONTRACTOR represents that it has secured or will secure, at his own expense, all
personnel required in performing the services under this AGREEMENT. Such personnel shall
be considered independent contractors and shall not be employees of the DEPARTMENT.
8. Notwithstanding any other paragraph of this AGREEMENT, the CONTRACTOR shall not
substitute key personnel assigned to the performance of this AGREEMENT without prior
written approval by the Contract Administrator (or its duly authorized agent). Any of the
following individuals are authorized to serve as key personnel for purposes of this
AGREEMENT: Christie Zawtocki, Genna Olson
9. None of the work to be performed under this AGREEMENT which involves the specialized
skill or expertise of the CONTRACTOR or its employees shall be subcontracted without prior
written approval of the Contract Administrator(or its duly authorized agent), such consent not
to be unreasonably withheld. In the event that the CONTRACTOR subcontracts for any or all
of the services or activities covered by this AGREEMENT: (a) the CONTRACTOR is not
relieved of any of the duties and responsibilities provided in this AGREEMENT; (b) the
subcontractor agrees to abide by the standards contained herein or to provide such information
as to allow the CON TRACTOR to comply with these standards,and;(c)the subcontractor agrees
to allow state and federal authorized representatives access to any records pertinent to its role as
a subcontractor.
10. During the term of this AGREEMENT, the CONTRACTOR at its sole cost and expense
(including the cost of all deductibles)shall provide and maintain commercial insurance of such
type and with such terms and limits as may be reasonably associated with this AGREEMENT.
Providing and maintaining adequate insurance coverage is a material obligation of the
CONTRACTOR and is of the essence of this AGREEMENT. One or more insurance policies,
including but not limited to umbrella policies, may be used to reach the required limits. All
such insurance shall meet all laws of the State of North Carolina. Such insurance coverage
shall be obtained from companies that are authorized to provide such coverage and that are
authorized by the Commissioner of Insurance to do business in North Carolina. The
CONTRACTOR shall at all times comply with the terms of such insurance policies, and all
requirements of the insurer under any such insurance policies,except as they may conflict with
existing North Carolina laws or this AGREEMENT. The limits of coverage under each
insurance policy maintained by the CONTRACTOR shall not be interpreted as limiting the
CONTRACTOR's liability and obligations under this AGREEMENT. The insurances
required in this paragraph shall cover all losses incurred during the term of this AGREEMENT,
irrespective of when a claim is made. At a minimum, the CONTRACTOR shall provide and
maintain the following coverage and limits:
A. Worker's Compensation — The CONTRACTOR shall provide and maintain Worker's
Compensation Insurance, as required by the laws of North Carolina,as well as employer's
liability coverage with minimum limits of$1,000,000.00 for each accident and the same
amount for each employee for each disease, covering all of CONTRACTOR's employees
who are engaged in any work under this AGREEMENT.
B. Commercial General Liability — The CONTRACTOR shall provide and maintain
Commercial General Liability insurance coverage on a Comprehensive Broad Form on a
per occurrence basis endorsed to cover premises, operations, products/completed
operations, personal injury and contractual liability, at a minimum limit of$1,000,000.00
any one accident or occurrence.
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C. Professional Liability (Errors and Omissions) — The CONTRACTOR shall obtain, at
CONTRACTOR's expense, and keep in effect during the term of this AGREEMENT,
errors and omissions insurance covering liability for any damages arising from negligent
acts, errors and omissions of CONTRACTOR, its professional services, subcontractors,
agents,officers,or employees under this AGREEMENT. Combined single limit per claim
or occurrence (depending upon the type of policy) shall not be less than $2,000,000.00.
Annual aggregate limit shall not be less than$2,000,000.00.
D. Automobile — The CONTRACTOR shall obtain Automobile Liability Insurance, to
include liability coverage, covering all owned, rented, leased, hired and non-owned
vehicles, used in connection with this AGREEMENT. The minimum combined single
limit shall be $2,000,000.00 bodily injury and property damage; $1,000,000.00
uninsured/under insured motorist; and $5,000 medical payments.
If any work is sublet, the CONTRACTOR shall require all subcontractors to provide and
maintain the minimum coverage amounts listed below. The limits of coverage under each
insurance policy maintained by the CONTRACTOR and/or any subcontractor shall not be
interpreted as limiting the CONTRACTOR's liability and obligations under the
AGREEMENT. The insurance coverage minimums for subcontractors under this
AMENDMENT shall be as follows:
E. Worker's Compensation — The CONTRACTOR shall require each subcontractor to
provide and maintain Worker's Compensation Insurance, as required by the laws of North
Carolina,as well as employer's liability coverage with minimum limits of$500,000.00 for
each accident and the same amount for each employee for each disease, covering all of
subcontractor's employees who are engaged in any work under the AGREEMENT.
F. Commercial General Liability — The CONTRACTOR shall require each subcontractor
to provide and maintain Commercial General Liability insurance coverage on a
Comprehensive Broad Form on a per occurrence basis endorsed to cover premises,
operations, products/completed operations, personal injury and contractual liability, at a
minimum limit of$500,000.00 any one accident or occurrence.
G. Automobile—The CONTRACTOR shall require each subcontractor to obtain Automobile
Liability Insurance,to include liability coverage, covering all owned,rented, leased,hired
and non-owned vehicles, used in connection with the AGREEMENT. The minimum
combined single limit shall be $1,000,000.00 bodily injury and property damage;
$500,000.00 uninsured/under insured motorist; and $2,500.00 medical payments.
11. If completion of any portion of the work is delayed for causes beyond the control of and
without the fault of the CONTRACTOR, and which could not have been reasonably avoided
or anticipated by the exercise of due care and prevention,the time of performance of the work
will be extended for a period equal to the delay. Excusable delays shall include, without
limitation,acts of God or the public enemy;acts of federal,state,local,or foreign governments;
acts of DEPARTMENT's agents;fires,floods,epidemics;strikes;riots;freight embargoes;and
unusually severe weather. Such delays shall not be the result of lack of labor or equipment
resources.
12. Except In an emergency endangering life or property, no change shall be made by the
contractor except upon receipt of approved change order from the Department's contract
administrator or designee.
Page 5 of 10

13. Should the correction of faulty or damaged work be considered inadvisable or inexpedient by
the Department,the Department shall be reimbursed by the contractor. A change order will be
issued to reflect a reduction in the approved sum.
14. The DEPARTMENT may terminate this AGREEMENT for convenience at any time for any
reason satisfactory to the DEPARTMENT by giving five days prior notice in writing to the
CONTRACTOR of such termination and specifying the reason(s) thereof and the effective
date thereof. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports and other materials prepared by the
CONTRACTOR shall, at the option of the DEPARTMENT, become the DEPARTMENT's
property. The CONTRACTOR shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials. All final invoices
shall be submitted by the CONTRACTOR to the DEPARTMENT within 30 days of
AGREEMENT termination. The CONTRACTOR shall not be relieved of liability to the
DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this
AGREEMENT, and the DEPARTMENT may withhold payment to the CONTRACTOR for
the purpose of set off until such time as the exact amount of damages due the DEPARTMENT
from such breach can be determined. In case of default by the CONTRACTOR, the
DEPARTMENT may procure the articles or services from other sources and hold the
CONTRACTOR responsible for any excess cost occasioned thereby.
15. If the AGREEMENT is terminated by the DEPARTMENT as provided herein, the
CONTRACTOR shall immediately terminate all subcontractor agreements and obligations that
relate to work being performed under this AGREEMENT.
16. It is understood and agreed between the CONTRACTOR and the DEPARTMENT that all
payments to the CONTRACTOR under this AGREEMENT are expressly contingent upon the
availability of funds provided to the DEPARTMENT.
17. The CONTRACTOR shall ensure that all publications produced as a result of this
AGREEMENT in portable document format (PDF). The DEPARTMENT reserves the right
to require submission of electronically saved data in updated or different formats as technology
changes.
18. The DEPARTMENT may, from time to time, request changes in the scope of the services of
the CONTRACTOR to be performed under this AGREEMENT as the Department believes
are warranted provided, however, that the DEPARTMENT is not in any way obligated to
request any such changes. Such changes, including any increase or decrease in the amount of
the CONTRACTOR's compensation, that are mutually agreed upon by and between the
CONTRACTOR and the DEPARTMENT,shall be incorporated in written amendments to this
AGREEMENT.
19. Subject to Paragraph 26 below, any information (i.e., data, documents, statistics, surveys,
studies, reports, addresses of property owners, etc.) given to or prepared or assembled by the
CONTRACTOR under this AGREEMENT shall be kept as confidential by it and not divulged
or made available by it to any individual or organization without the prior written approval of
the DEPARTMENT. This information shall not be used to promote or market the
CONTRACTOR's services, including solicitation of such services, for the entire duration of
this AGREEMENT.
Page 6 of 10

20. The filing of a petition of bankruptcy or insolvency by or against the CONTRACTOR shall
automatically terminate this AGREEMENT for default, and the Department shall have the
right to enter into a new contract with any subcontractor or another contractor to perform any
remaining scope of the subcontract that had not been performed as of the date of Contractor's
bankruptcy. The Contractor and any appointed trustee shall not have any interest in any
unearned amount under the AGREEMENT.
21. The CONTRACTOR shall not assign or transfer any interest in this AGREEMENT. Upon
written approval from the DEPARTMENT, the CONTRACTOR may use the services of its
affiliate firms under this AGREEMENT.
22. The CONTRACTOR shall notify both the DEPARTMENT (Mr. Michael Shelton, 217 West
Jones Street, Suite 5413, Raleigh NC 27699) and the Division of Waste Management
(NCDENR-Division of Waste Management, 1646 Mail Service Center, Raleigh,NC 27699-
1646) of any changes of principal's registered address or corporate ownership.
23. The CONTRACTOR shall have no copyright or other ownership in the reports,maps, or other
documents produced in whole or part under this Agreement. The CONTRACTOR shall not
apply for any copyright for any reports,maps, or other documents produced in whole or in part
under this AGREEMENT.
24. This AGREEMENT is made under and shall be governed and construed in accordance with
the laws of the State of North Carolina without regard to its choice of law provisions or
decisions. It is agreed between the parties hereto that the place of this AGREEMENT,its situs
and forum, shall be Wake County, North Carolina, and in said County and State shall all
matters,whether sounding in contract or tort relating to the validity,construction,interpretation
and enforcement of this AGREEMENT, be determined.
25. The CONTRACTOR agrees that in all matters relating to this AGREEMENT,it shall be acting
as an independent contractor and not as any agent or employee of the DEPARTMENT.
Nothing in this AGREEMENT shall be construed to create a joint venture or partnership
between the CONTRACTOR and the DEPARTMENT.
26. The CONTRACTOR agrees that the State has the right to audit the records of the
CONTRACTOR pertaining to this AGREEMENT both during performance and for 36 months
after completion or termination. The CONTRACTOR must retain all records relating to this
AGREEMENT and shall allow employees or agents of the DEPARTMENT to inspect such
records during the period of time set out herein. The State Auditor shall have access to persons
and records as a result of all contracts or grants entered into by State agencies or political
subdivisions in accordance with General Statute 147-64.7. The DEPARTMENT's Auditors
shall have the same right to audit as the State Auditor.
27. The CONTRACTOR agrees that any and all equipment associated with, including but not
limited to assessment, remediation, risk abatement or provision of alternate water that is
purchased for the site will be the property of the DEPARTMENT and will remain at that site
until the DEPARTMENT deems necessary to dispose, remove, transfer or relocate the
equipment to another site or holding facility. The risk of loss is upon the CONTRACTOR
until the equipment is no longer in the possession of the CONTRACTOR by, at the
Page 7 of 10

DEPARTMENT'S direction, either the CONTRACTOR'S proper disposal of the equipment
or by the CONTRACTOR'S completed delivery, into the secure possession of the
DEPARTMENT, of the equipment to another site or to a designated storage area. The
DEPARTMENT shall pay reasonable costs, agreed to in advance, for securing said property.
28. The CONTRACTOR agrees that it shall be responsible for the proper custody and care of any
DEPARTMENT-owned property furnished for use in connection with the performance of this
AGREEMENT and will reimburse the State for its loss or damage, excluding normal wear.
29. This AGREEMENT represents the entirety of the agreements and covenants between the
DEPARTMENT and CONTRACTOR with respect to the subject matter hereof and
accordingly cannot be amended or modified except by written instrument executed by the
parties hereto and for good and valuable consideration.
30. The CONTRACTOR has no authority to act or make any representations on behalf of the
DEPARTMENT. The DEPARTMENT will not be responsible for any wrongful acts or
omissions of the CONTRACTOR, including but not limited to the CONTRACTOR'S
subcontractors and suppliers.
31. The CONTRACTOR warrants that its design, engineering,plans, specifications,performance
and/or remedial work will not infringe the copyright, patent or other property rights of any
other person.
32. The CONTRACTOR shall indemnify, defend, and save and hold harmless the
DEPARTMENT, its officers, agents and employees, from liability of any kind, including all
claims and losses, accruing or resulting to any other person, firm or corporation furnishing or
supplying work, services, materials or supplies in connection with the performance of this
AGREEMENT, and from any and all claims and losses accruing or resulting to any person,
firm or corporation that may be injured or damaged by the CONTRACTOR and/or its
subcontractors in performance of this AGREEMENT and that are attributable to the negligence
or intentionally tortious acts of the CONTRACTOR and/or any of its subcontractors. Except
for a claim against the DEPARTMENT for non-payment of amounts properly owed but not
paid to the Contractor, the CONTRACTOR represents and warrants that it shall not make
claims of any kind or nature against the Department. The CONTRACTOR further represents
and warrants that it shall not make claims of any kind or nature against the Department's
officers,agents and/or employees except to the extent permitted by this AGREEMENT and/or
other applicable law. The representations, warranties, and other obligations contained in this
paragraph shall survive the termination or expiration of this AGREEMENT.
33.Except as permitted by law, the DEPARTMENT does not waive its sovereign immunity by
entering into this AGREEMENT and fully retains all immunities and defenses provided by law
with respect to any action based on this AGREEMENT.
34. The parties certify and warrant that no gratuities,kickbacks or contingency fee(s)were paid in
connection with this AGREEMENT, nor were any fees, commissions, gifts or other
considerations made contingent upon the award of this AGREEMENT. Contractor shall also
not engage in any of the foregoing conduct during the performance of this Agreement.
Page 8 of 10

35. The CONTRACTOR agrees not to use the existence of this AGREEMENT or the name of the
State of North Carolina or any agency thereof as part of any commercial advertising.
36. The CONTRACTOR certifies that it(a)has neither used nor will use any funds or compensation
earned under this AGREEMENT for payments to lobbyists; (b)will disclose the name, address,
payment details and purpose of any agreement with lobbyists whom CONTRACTOR or its
subtier contractor(s) or subgrantee(s)will pay with profits or nonappropriated funds on or after
December 22, 1989, and (c) will file quarterly updates about the use of lobbyists if material
changes occur in their use.
37. The CONTRACTOR certifies that it is in compliance with the Assurances—Non Construction
Programs attached to this AGREEMENT as Attachment 4 and incorporated herein by
reference.
38. The CONTRACTOR will take affirmative action in complying with all Federal and State
requirements concerning fair employment and employment of people with disabilities, and
concerning the treatment of all employees without regard to discrimination by reason of race,
color, religion, sex, national origin or disability. The Americans with Disabilities Act(ADA)
makes it unlawful to discriminate in employment against a qualified individual with a disability
and outlaws discrimination against individuals with disabilities in State and local government
services and public accommodations. The CONTRACTOR certifies that it and its principals and
subcontractors will comply with regulations in ADA Title I (Employment), Title II (Public
Services), and Title III (Public Accommodations) in fulfilling the obligations under this
AGREEMENT.
39. DEPARTMENT'S contact is currently designated as the Contract Administrator(project
coordinator) for the Division. The DEPARTMENT reserves the right to replace the Contract
Administrator, and, should it do so, it shall notify the CONTRACTOR verbally or in writing
within thirty(30) days following such replacement. Regardless of who serves as Contract
Administrator,no change in the scope of the AGREEMENT that will increase or decrease
the CONTRACTOR's compensation shall be effective unless and until it has been approved
by the DEPARTMENT Head or Authorized Agent. All notices and communications between
the DEPARTMENT and CONTRACTOR shall go through the Contract Administrator or
through an authorized agent of the Contract Administrator in consultation with the Contract
Administrator.
40. The CONTRACTOR will perform its services using that degree of skill and care ordinarily
exercised under similar conditions by reputable members of CONTRACTOR's profession.
Page 9 of 10

IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have executed this
AGREEMENT in duplicate originals, one of which is retained by each of the parties, on the day
and year first above written.
Hart&Hickman, PC North Carolina Department of Environmental
2923 South Tryon St., Suite 100 Quality
Charolotte,NC 28203
Michael S. Regan, Secretary
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By: By:
(CONTRACTOR'S Signature) (Signature of Secretary or Authorized Agent)
/3 ilc Date: 1 V/i//7
(Typed Name)
WITNESS:
V (Signature)
Title: I3
(Owner,Partner,or Corp.Pres.,or V.Pres.only)
Date: /U - Z 7
WITNESS: Cejt, 7~
(Signature)
Page 10 of 10

ATTACHMENT 1
SCOPE OF WORK
DRY-CLEANING SOLVENT CLEANUP ACT (DSCA)REMEDIATION UNIT
ENVIRONMENTAL ENGINEERING SERVICES CONTRACTS
Each of the selected contractors must provide, in a manner satisfactory to the Department, and as
authorized on a task order/not-to-exceed basis,technical services to assess and mitigate old landfill
sites and, where necessary, to provide potable water at various sites. Services may include, but
are not limited to the following:
A. Preparation of site-specific work plans (including technical proposals and cost estimates)
for specific technical tasks.
B. Review of site files, site reconnaissance,property ownership determination, right-of-entry
acquisition, and receptor surveys.
C. Emergency response activities (e.g., containment or recovery of spilled product,
emergency vapor recovery, provision of potable water, installation of point-of-entry
treatment systems, emergency water line hook-ups, boom maintenance for surface spills,
etc.).
D. Coordination and oversight of initial remedial actions such as the excavation and treatment
and/or disposal of contaminated soil, tank cleaning/decontamination (including the
removal and disposal of tank contents and tanks),in-situ tank closure,and the recovery and
disposal of free product.
E. Various hydrogeologic and contaminant assessment activities, including well installation,
groundwater sampling, surface water and sediment sampling, soil sampling, air sampling,
soil gas sampling, waste sampling, aquifer testing, human exposure assessments
(evaluation of site-specific risks to potential receptor populations from site-related
contamination), and other tasks related to comprehensive assessment of groundwater,
surface water, soil and soil gas/air sampling at designated sites.
F. Evaluation of the technical feasibility and cost-effectiveness of preferred water supply
alternatives; said alternatives to include the provision of alternate water supply systems
(new wells,point-of-entry carbon treatment systems,bottled water,and extension of public
water lines).
G. Management and oversight of specialty and engineering subcontractors, vendors or
CONTRACTOR personnel involved in the installation, operation, and maintenance of
various mitigation systems at designated sites. The CONTRACTOR shall select
subcontractors based on qualifications and cost using a minimum of three quotes from
different firms, unless: (1) the work is known not to exceed $3,000; or (2) the
CONTRACTOR demonstrates there are not three firms available to provide quotes and the
estimated cost of the subcontracted work is less than $500,000 for remediation/mitigation
systems/services, or purchase of apparatus, supplies, materials, or equipment requiring an
estimated expenditure of public money in an amount less than ($90,000). The
DEPARTMENT and the CONTRACTOR shall jointly review all remediation
subcontractor qualifications and quotes and jointly select all remediation subcontractors.
All subcontracts exceeding $500,000 for remediation/mitigation systems/services, or
exceeding$90,000 for the purchase of any apparatus, supplies,materials,or equipment, or
lesser amounts if so established by directive of the DEPARTMENT, shall comply with
Page 1 of 4

ATTACHMENT 1
Article 8 of Chapter 143 of the North Carolina General Statutes for formal sealed
competitive bids.
H. Preparation and submittal of all required permit applications for the construction and
operation of various mitigation systems at designated sites, including NPDES, non-
discharge, and air quality permit applications as may be required by the DEPARTMENT
or other governmental agency; development and implementation of procedures designed
to expedite acquisition of such permits so that site cleanups may proceed as quickly and
effectively as possible.
I. Preparation of site-specific mitigation plans,providing an evaluation of various mitigation
alternatives for groundwater, surface water(including wetlands), sediment, soil and vapor
intrusion contaminated sites, and the preparation of design drawings and bid documents
for various mitigation systems. Note:Firms are not required to have experience in each of
these areas to be considered for a contract. Firm expertise will dictate what types of
projects are assigned.
J. Implementation of site-specific mitigation plans, including management/oversight of all
phases of site remediation.
K. In addition to the requirements contained in applicable local, State and federal laws and
regulations, and DEPARTMENT policies and guidance,the CONTRACTOR shall ensure
compliance with the following requirements:
1. The CONTRACTOR shall prepare all required hazardous and non-hazardous waste
manifests and labels.When preparing a manifest for waste produced at a DSCA site
that is subject to an Agreement for Assessment and Remediation between the
DEPARTMENT and person(s)who have petitioned for certification of the site into
the DSCA program ("DSCA Petitioner(s)"), the CONTRACTOR shall identify the
DSCA Petitioner(s) as the generator of the waste. The CONTRACTOR shall sign
the manifest with CONTRACTOR representative's name followed by the wording
"on behalf of DSCA Petitioner(s) for DSCA Site No. [insert assigned site
number]."
2. When preparing a manifest for waste produced at a DSCA site for which there is
no DSCA Petitioner,the CONTRACTOR shall identify the DSCA Program as the
generator of the waste, and sign each manifest with CONTRACTOR
representative's name followed by the wording"on behalf of the DSCA Program."
3. When transporting waste generated at a DSCA site, the CONTRACTOR shall use
only licensed and bonded transporters who have all applicable permits under local,
state, and federal laws and regulations, and who have an EPA Identification No.
4. The CONTRACTOR shall offer waste generated at a DSCA site only to those
facilities, which are authorized to accept, store,treat and/or dispose of such waste,
and which have all applicable permits under local, state, and federal laws and
regulations for such storage,treatment or disposal.
5, The CONTRACTOR shall include in each work plan for task authorization
submitted to the DEPARTMENT, an estimate of the types and quantities of waste
to be produced from proposed site activities, the types of containers the
CONTRACTOR proposes to use to containerize the waste, and estimates of the
costs to properly containerize, label, sample, analyze, manifest, transport, store,
Page 2 of 4

ATTACHMENT 1
treat or dispose the wastes. The work plan proposal must present the names,
locations, waste profiling requirements, and applicable permits of the anticipated
waste transportation and receiving facilities that will be used to manage the waste.
6. The CONTRACTOR shall place waste generated during site investigation or
monitoring activities ("investigation-derived waste") in appropriate containers as
soon as the waste is generated.
7. Unless other arrangements can be made by the CONTRACTOR that are approved
by the DEPARTMENT, the CONTRACTOR shall: 1) coordinate and meet with
transporters on site on the day that waste containerization activities are completed
to verify that the drums are properly labeled,identified on the waste manifests,and
loaded by the appropriate waste transporter(s) prior to the containers being
transported from the site to the waste receiving facility; and 2) ensure that drums
containing investigation-derived waste are removed from the site and transported
to a waste receiving facility as soon as waste containerization and sampling
activities are completed. The containers will be held at the waste receiving facility
pending receipt of waste sample laboratory analytical results in a final decision on
waste disposal. The waste receiving facility must be permitted to temporarily hold
the containers for a minimum often(10)days from the date that the containers were
collected from the site by the waste transporter. The CONTRACTOR must notify
the DEPARTMENT prior to any transportation of the waste from the receiving
facility until the waste is ultimately disposed.
8. The CONTRACTOR will ensure that each roll-off container used to containerize
investigation-derived waste is properly labeled and secured on the site pending the
CONTRACTOR'S receipt of waste sample laboratory analytical results and a final
decision on waste disposal. Within five (5) working days of receipt of laboratory
analysis results, the CONTRACTOR shall coordinate and meet with transporters
on-site to verify that appropriate labels have been placed on the roll-off container
and the container is identified on a waste manifest, and to confirm the designation
of waste facility permitted to store, treat or dispose of the waste. The
CONTRACTOR must notify the DEPARTMENT prior to any transportation of the
waste from the receiving facility until the waste is ultimately disposed.
9. The CONTRACTOR shall instruct facilities receiving any waste containers(drums
or roll-off containers) from DSCA sites that the information provided on container
labels and associated manifests must not to be altered without prior written
authorization and approval from the DEPARTMENT.
10. The CONTRACTOR shall provide a copy of all waste sample laboratory analytical
results to the DEPARTMENT and to each facility receiving waste from the site. In
each instance, a copy shall be provided (electronic transmission or facsimile is
permitted)within two (2)working days of CONTRACTOR'S receipt of the results
from the laboratory.
11. The CONTRACTOR shall provide to the DEPARTMENT copies of each
completed waste manifest, associated transport, storage, disposal or treatment
weight tickets, disposal certifications and associated invoices and receipts for the
waste listed on each manifest. The copies shall be provided to the DEPARTMENT
within ten (10) working days of receipt of the documentation showing final
disposition of the waste.
Page 3 of 4

ATTACHMENT I
L. Preparation of notices and record notices and land use restriction documents for
DEPARTMENT approval.
M. Preparation and implementation of site-specific health and safety plans, under the
supervision of a qualified health and safety officer, so as to ensure compliance with all
applicable OSHA regulations for worker safety and for the health and safety of nearby
residential and business communities during all phases of site assessment and remediation.
N. Preparation and submittal of all required reports and any miscellaneous documentation as
requested by the DEPARTMENT or Contract Administrator according to schedule(s)
agreed to by both parties; submittal of site-specific project status summaries (technical
progress, identification of problems/delays, and cost updates)to the DEPARTMENT on a
quarterly basis.
O. As-needed technical and administrative support as needed at public hearings or public
meetings to discuss elements of completed or proposed assessment or mitigation plans.
Also,providing as needed technical and administrative support in meetings and rulemaking
proceedings, and providing expert testimony at hearings, meetings, depositions, and in
litigation involving the DEPARTMENT related to DSCA.
Page 4 of 4

ATTACHMENT 2
FEE SCHEDULE
Personnel Level
Principal $ 140/hour
Senior $ 116/hour
Project $ 100/hour
Staff $85/hour
Technician $70/hour
Draftsperson/CAD $65/hour
Word Processor/Clerical $49/hour
Subcontractor Quotes
At least two quotes(or more if directed by the DEPARTMENT)may be required by the
DEPARTMENT's Contract Administrator(or their duly authorized staff)for subcontractable activities
that exceed$3,000.At a minimum,the CONTRACTOR shall comply with the requirements of paragraph
K of this AGREEMENT in relation to competitive bidding and all other aspects of Article 8 when hiring
subcontractors for subcontracted activities exceeding$500,000,or lesser amounts if so established by
directive of the DEPARTMENT.
Subcontractor Fees
These will be at cost(including but not limited to laboratory,drilling, surveying,geophysical activities,
and remedy and/or abatement).
Miscellaneous
Per Diem(per person for overnight travel only) $ 130/day
Mileage $0.555/mile
PID $ 125/day
pH/Conductivity/Temperature Meter $30/day
Turbidity Meter $30/day
Water Level Meter $30/day
Field Expendables(distilled water, ice, etc.) $30/day
Page 1 of 1

ATTACHMENT 3
PERSONNEL QUALIFICATIONS AND TASK DESCRIPTIONS
The following qualifications and task descriptions are for those personnel who will be involved in activities for the DSCA Remediation
Unit.
PERSONNEL AND QUALIFICATIONS TASK DESCRIPTIONS
Principal Engineer/Geologist/Hydrogeologist/Scientist Expert Testimony at public hearings or meetings and/or
Administrative and/or professional head of the organization or contract.Responsible for conceiving and litigation
executing plans and functions of the organization.Directs the professional staff.Normally has a financial -Assist the Department's attorneys in legal strategies
interest in the company as partial owner,major investor or stockholder,or officer.Charges an extremely _Depositions
limited number of hours per site as the Principal.This position should never bill field or field supervision _Contract Oversight(limited)
hours.
Senior Engineer/Geologist/Hydrogeologist/Scientist
Typically requires an advanced degree. Requires professional registration when applicable,8 years of -Expert Testimony at public hearings or meetings and/or
experience in technical or managerial roles,and compliance regulations.Serves as senior technical leader litigation
and contract oversight for environmental remediation projects of medium to large scope and /or -Site strategy and planning
complexity and has developed substantial expertise in the field of practice.Generally supervises Project -Contract oversight
Managers and oversees several projects.Has limited involvement in projects.Duties typically include -Reviews technical reports
reviewing reports, developing strategies, and attending client and/or associated project meetings. -Reviews Corrective Action Plans
Responsible for approving designs,reports,plans,and specifications before submittal.If significantly -Reviews Engineering/remedial system design
involved in a highly technical project,should have substantial technical expertise directly related to the -Health and safety coordinator
project.Ensures compliance of field service operations with OSHA safety standards.Addresses public -Reviews site safety plans
health concerns.
-Project management
Project Engineer/Geologist/Hydrogeologist/Scientist -Site strategy and planning
Typically possesses a bachelor of science degree in engineering,geology,hydrogeology,or a directly -Develop site health and safety plans
related field. Serves as manager for entire project and has at least 5 years of experience in the -Engineering/remedial system design
environmental field. Duties typically include preparing proposals, reviewing reports, developing -Data review and analysis
strategies,and attending client and/or associated project meetings.Under general supervision,prepares -Report review
environmental design and plan specifications for site remedial activities.Leads and supervises teams of -Site meetings and reconnaissance
staff and technician level personnel,but would have a limited number of hours charged to each site,and -On-site supervision(periodic)
only a small percentage of total field hours. Serves as site technical expert or supervisor for -Work plan preparation
hydrogeological site characterizations and remediation activities and tests, and assembly of reports, -Site investigation planning
plans,and specifications. -Field work planning
-Site Inspection(periodic)
Staff Engineer/Geologist/Hydrogeologist/Scientist
Requires a bachelor's degree in engineering,geology,hydrogeology,or related science and 1 to 5 years _Report preparation
of experience in the environmental field.Works under supervision of the project manager to perform -Field work preparation/planning
routine tasks related to environmental investigation and remediation projects. Is the primary person -Supervises site investigation and remediation activities
responsible for gathering field data and is competent at data analysis. Must be able to conduct _Site reconnaissance and mapping
investigation and remedial activities including drilling and monitoring well installation,sampling,site -Engineering/remedial system design and installation
layout and geologic mapping, writing field notes, basic analysis and compiling data. Must have -Limited data review and analysis
knowledge of QA/QC procedures and protocol.This position will normally be highest in the number of _On-site health and safety supervisor
hours billed to on-site work. However,technicians(see below) should conduct routine or on-going
monitoring.
Technician -Field work preparation
-Operation and maintenance of equipment
Typically requires a high school diploma,certified or licensed trades-person,or an associate's degree. _Well developing and sampling
Person may also have a bachelor's degree with less than 1 year of experience in the environmental field. _Soil sampling
Requires minimal training and experience in the environmental field.Responsible for general supervision -Handling of investigation and remediation derived wastes
of the installation,maintenance,and repair of on-site equipment.Routine monitoring and collection of _Remedial system installation,operation,and maintenance
samples and equipment maintenance/operating logs. Under appropriate supervision,performs routine _Limited contractor supervision
labor tasks associated with on-site installation, maintenance, and repair of on-site equipment. Well -Monitoring activities
development and collects soil and groundwater samples. -Surveying using GPS and standard methods
Draftsperson/CAD -Drafting
Typically requires a high school diploma.Requires 2—8 years of experience or 2 years of related college -CAD/CADD work
and more than 1 year of experience.Generally requires a Technical Drawing Certificate,and advanced -Cartography
drafting skills such as Computer Aided Drafting(CAD)&Design(CADD)operations. -Plotting of GPS and standard survey data
-Spreadsheets
-Report generation
Word Processor/Clerical -Word processing
Operates computer for work processing, spreadsheets, and statistical typing, correspondence report -Typing
generation,general office work,typing,and filing. -Filing
-General secretarial
-Document reproduction —

ATTACHMENT 4
ASSURANCES—NON CONSTRUCTION PROGRAMS
The CONTRACTOR certifies that with regard to:
1. DEBARMENT AND SUSPENSION - To the best of its knowledge and belief that it and
its principals:
(a) are not presently debarred, suspended,proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) have not within a 3-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining,attempting to obtain, or performing a public(Federal, State,
or local)transaction or contract under a public transaction;violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b)of this certification; and
(d) have not within a 3-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local)terminated for cause of default.
2. LOBBYING- To the best of its and its principals' knowledge and belief,that:
(a) no Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract,the making of any Federal grant, the making of any Federal loan,the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan, or cooperative
agreement;
(b) if any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with the Federal contract, grant, loan or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions.
3. DRUG-FREE WORKPLACE REQUIREMENTS - It and its principals will comply by:
(a) publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition;
(b) establishing a drug-free awareness program to inform employees about-
Page 1 of 2

ATTACHMENT 4
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy of maintaining a drug-free workplace;
(3) any available drug counseling, rehabilitation and employee assistance programs;
and
(4) the penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph(a)above;
(d) notifying the employee in the statement required by paragraph (a) above, that as a
condition of employment under the grant,the employee will:
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction;
(e) notifying the agency within ten days after receiving notice under subparagraph (d)(2)
above, from an employee or otherwise receiving actual notice of such conviction;
(f) taking one of the following actions within 30 days of receiving notice under
subparagraph(d)(2)above,with respect to any employee who is so convicted-
(1) taking appropriate personnel action against such an employee, up to and including
termination; or
(2) requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local
health, law enforcement, or other appropriate agency;
(g) making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f) above.
AND - The CONTRACTOR and its principals further certify that they:
4. Will comply with the provisions of the Hatch Act which limit the political activities of
employees whose principal employment activities are funded in whole or in part with Federal
funds; and
5. Will comply,as applicable,with the provisions of the Davis-Bacon Act,the Copeland Act,and
the Contract Work Hours and Safety Standards Act regarding labor standards for federally
assisted construction subagreements; and
6. Will comply with all applicable requirements of all other state and federal laws, executive
orders (including Executive Order 24 — Gift Ban), regulations and policies governing this
program.
Page 2 of 2

ACCESS AGREEMENT B
(Petitioner is NOT the Property Owner)
Site Name: Former W.P. Ballard Facility
• Address: 639 Junction Rd., Durham
County: Durham
DSCA Site ID No.: 32-0008
Name of Property Owner typed or printed: Mildred Scott
WHEREAS, Mildred Scott (name of Property Owner, hereinafter:
Property Owner) is the owner of a parcel of property located at 639 Junction
Rd. in Durham County, North Carolina (Property); and
WHEREAS, W.P. Ballard Co., Inc. (name of Petitioner) is petitioning
to the North Carolina Department of Environment and Natural Resources,
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 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
Property Owner;
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. Property Owner hereby grants
(a) to the Division,a license to access the Property to monitor and enforce the
Access Agreement B(July 21,2005) Page 1

ARA and (b) to the Division's cohtractors a license to access the Property for 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;
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 11 below so
long as the Property remains certified under the Program.
3. Observation. Upon the Property Owner's reasonable notice and
request, the Property Owner and its consultants shall have the right to observe
any activities performed by or on behalf of the Division at the Property. Upon the
Property Owner's reasonable notice and request, the Division or its contractors
shall allow the Property Owner 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 Property Owner.
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 Property Owner at least
48 hours prior to entering the Property for the purposes stated in Paragraph 1.
5. Insurance. The Division agrees to require its contractors to
demonstrate that they have not less than $1 million in General Liability insurance
and to maintain such insurance for the duration of their work at the Property,
Access Agreement B(July 21,2005) Page 2

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. 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 Property Owner: Mildred Scott
3411 Westover Rd.
Durham, NC 27707-5028
To the Division: Delonda Alexander
DSCA Program
401 Oberlin Rd., Suite 150
Raleigh, NC 27605
8. 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.
9, Governing 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 law principles.
10. 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.
11. 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
Access Agreement B(July 21,2005) Page 3

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.
12. 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 (e day of tx., , 200 (e
-77,1 Lieda2 172 . o_ere)(
(Signature of Property Owner)
( ignature for the Division)
Access Agreement B(July 21,2005) Page 4

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Waste Management MICHAEL SCOTT
ENVIRONMENTAL QUALITY Division Director
PROPERTY ACCESS CONSENT
This document may not be modified without the Program's approval. For DSCA Use Only
If you have questions on how to fill out this form or about the activities DSCA ID No.
at this site,please call the Dry-cleaning Solvent Cleanup Program at
[phone]. DC320008
Please Print
CSX Transportation, Inc. [phone]
(Name of Property Owner or Tenant in Residence)/ (Telephone Number of Property Owner or Tenant)
636 Junction Road—Surplus Property near Milepost SB-151.5
(Street Number and Street Name of Property)
Durham Durham 27703
(City or Town in Which Property Is Located)/(County in Which Property is Located)/(Zip Code)
I voluntarily consent to the Division of Waste Management (Division) and its
independent contractors (contractors) entering and having continued access to my
property for the following purposes:
(1) taking such soil, groundwater and/or air samples as may be necessary;
(2) taking other actions related to the investigation of surface or subsurface conditions;
(3) taking response actions necessary to mitigate any threat to human health or the
environment provided such response actions do not destabilize existing track structure.
Other conditions:
(1) The Division and its contractors shall attempt to perform any activities at the Property
in a manner that minimizes interference with use of the Property and agrees to remain
greater than fifty (50) from the near rail of any existing track at all times while
accessing the site and/or conducting the work.
(2) On conclusion of all activities, the Division and its contractors shall, to the extent
practicable, 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
State of North Carolina I Environmental Quality Waste Management
1646 Mail Service Center 1217 West Jones Street I Raleigh,NC 27699-1646
919 707 8200 Telephone

properly abandoned in accordance with applicable laws and regulations, unless other
arrangements are agreed to by the Property Owner.
(3) The Division or its contractors will make reasonable attempts to notify the Property
Owner at least 48 hours 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. If work is perfo,ined within
fifty (50) feet of the near rail, the Division's contractors shall be responsible for
complying with any and all requirements of the Federal Railroad Administration and
for any fines or penalties for the violation thereof
(4) Property Owner shall not willingly destroy, damage, remove, pave over or cover any
monitoring wells at the site without prior consent of the Division unless such action is
necessary for Property Owner to satisfy its common carrier obligations
(5) This consent expires at 5:00 p.m. EST on December 31, 2018, unless extended by
both parties in writing.
(6) NCDEQ and its contractors shall adhere to CSX Transportation Inc.'s (CSXT) safety
rules and procedures while on CSXT property as set forth in Exhibit A, attached
hereto.
(7) NCDEQ's contractors performing the work herein described shall list CSXT as an
additional insured on the insurance policies procured by such contractor pursuant to
its separate contract with the NCDEQ. The limits and conditions of such insurance
policies are shown on Exhibit B, attached hereto. NCDEQ shall deliver an insurance
certificate evidencing the existence of such insurance and CSXT's status as
additionally insured prior to entering CSXT property and performing the work herein
described. For the purposes of submitting such insurance certificates, CSXT's
contact information is listed below:
CSX Real Property, Inc.
Attn: Kevin Boland
6737 Southpoint Drive South
Jacksonville, FL 32216
Phone: [phone]
Email: [e-mail]
[End of Text]

By signing this consent document, I acknowledge that I have contacted all tenants
occupying the property and all tenants agree to the conditions of this "Property
Access Consent".
Digitally signed by Coley J.
Coley J. Campbell Campbell
Date: 2018.02.06 11:43:53 -05'00'
(Signature of Property Owner or Tenant in Residence) (Date)
(Printed Name of Property Owner or Tenant in Residence)
Please return form to:
Division of Waste Management
DSCA Program—DC320008
1646 Mail Service Center
Raleigh,NC 27699-1646

EXHIBIT A
CSX
Public Safety & Environment Department
Contractor Safety Rules and Procedures
Below, are excerpts from the CSX Transportation, |nc.'a /CSXT\safety rules, policies,
programs, and work practices /C8X Safe Way, Effective July Y, 2OY31. which are applicable
to consultants, contractors, subcontractors(herein referred to as contractors) and visitors.
While on CSXT property all contractors and visitors must comply with these requirements.
On-Track SafetvTnminimg
Federal Railroad Administration (FRA) regulation 49 C.F.R., Part 214 and CSXT
Engineering Department Policy requires that all independent contractors and their
employees who are roadway workers on railroad property must receive annual On-Track
Safety Training. /\roadway worker ie anyone whose duties include inspection,
construction, maintenance or repair of:track, bridges, roadway, signal and communications
systems, electrical traction systems, roadway facilities or roadway maintenance machinery
. . . onor near track or with the potential for fouling track. C8XT'e Policy states that you
must have this training if you will beunur near track, within 25'frmnn the outside of the rail
ur with the potential for fouling track.
e-ReiUSefe Verification
CSX has implemented a program called e-RAILSAFE to assist in enhancing the safety
and security of our employees, operations and facilities. Under this program, contractors
whose employees need to enter onto CSX property are required to register with e-
RAILSAFE (xvvvxv.e-nai|mafa.00nn) and submit their employees to a criminal background
check and rail safety training. Upon successful completion, an e-RailSafe identification
badge is issued. The badges are valid for two years and must be displayed while on
C8Xpnopedx.
The following are exceptions to this requirement:
w Contractor employees responding toaCSXemergency.
w Enlp|nyeao working on m tennpnnary, one time, basis. If the temporary, one time
basis is less than 6 continuous weeks, the worker is not required to participate.
* Delivery personnel (UPS Fed Ex. LTL and Truck Load drivers).
* Facility service providers called to CSX property to address intermittent needs
(local plumbers, HVAC repair personnel, electricians, etc.).
* Contractor employees and others who only periodically visit C8X locations (i.e.
am|os peop|e, design conou|1an1e, utility employees, government and regulatory
enmp|oyeeo, etc.).
w Contractor employees who are escorted byCSX personnel while on the property.
w Non-employee union representatives.
Inquiries regarding the program can be directed toeroi|sofe(ja�omx.cunn.

EXHIBIT A
Rail Securitv Awareness
Check in with Management
Contractors and consultants must check in with CSXT Management at the yard or facility
prior 10 commencing any work. You must domo10 notify C8XT personnel ofyour
planned work on the property and receive a safety job briefing prior to going to work.
|f the contractor ia unable 10 contact any CSXT personnel ot the site (g.g. nm one is
available or the work is being conducted in a nmnmm1a area) they must first contact the
CSXT Public Safety Coordination Center at 1-800-232-0144 and be prepared to inform
them of:
1. Their identity
2. Location where they are going 10 perform the work
3. Who they are working for, and
4. How they can becontacted
Photo Identification Required
Whenever contractors are on CSXT property, they must have photo identification and a
copy of the CSXT contract (work order, simplified work order, change order, etc.) in their
possession.
C}SX employees, as well as contractors and consultants working on CSX properties, are
an integral part of the infrastructure security plan and should be aware ofthe three R'mof
Security atCSX:
Recognize-Any suspicious people, activities, and equipment.
Recoxd-Am many details as possible—dete, time, description.
Report-Who, what, when and where to the CSXT Public Safety Coordination Center
(PSCC) by calling 1-800-232-0144.
Security Tips
Awareness nfSurroundings
Be mvvan* of your work environment. Prior to beginning work look for:
w Unusual or suspicious activity
* Suspicious or unattended packages, devices, urobjects
Suspicious Activities or Items
When observing, pay close attention for people who:
* Look lost or wandering around
w Appear to be conducting surveillance (e.g. taking photographs, videos, making
sketches, using GPG devices, o1o.)
* Abandon an item and leave the area quickly
* Openly possess a weapon or any other prohibited or dangerous item.

EXHIBIT A
What should you dnif you notice m potential threat?
* Go to m place of safety.
* Cnntactauthnritieo—|ocm| law enforcement, security peroonne|, railroad police,
911. or the CSXT Public Safety Coordination Center(PGCC) m11-0DO-232-D144.
• Remain calm and answer questions ao best ospossible.
° Avoid the use of radios or cellular telephones within close proximity to any
suspicious items—clear the area and report the item to the PSCC immediately.
With your help we can prevent a potentially dangerous incident from happening!
F|mmarmmMmapom
* Employees, contractors, mr visitors must not carry or have in their possession any
firearms or other weapons while on duty, or while occupying facilities paid for or
furnished bv the company, unless authorized by the company.
General SafetvRules
Safety Responsibilities (GS-11)
~ /\copy of the C8X P8&E Contractor Safety Rules and Procedures must be
accessible while onCSXTproperty.
* The behavior in our work place is civil and courteous.
* L000|, state, and federal |avvo and regulations that relate to our job tasks are observed.
* Work areas and environment are clean, orderly and protected from controllable hazards
Substance Abuse (GS-2)
* Employees and contractors reporting for duty, onCQXT property, or occupying facilities
provided by CSXT are prohibited from having in their possession, using, or being under
the influence of alcoholic beverages orintoxicants.
* Employees and contractors shall neither report for duty nor perform service while under
the influence of, nor use while on duty or on property, any drug, medication, or other
substance, including prescribed medication that will in any way adversely affect the
employees' or contractors alertness, coordination, reaction, response or safety.
w The illegal use and/or possession of a drug, narcotic, or other substance that affects
alertness, coordination, reaction, response or safety is prohibited while on or off duty.
Job Briefing (GS-3)
Effective job briefings at the beginning of and throughout our workday make us more aware
of our surroundings and better prepared 1orecognize and avoid potential hazards. Remain
alert for anything out of the ordinary that occurs during your shift and report any suspicious
activity to your immediate supervisor, yardmaster, or dispatcher immediately. |f they are
not available, report the condition or activity directly 0mthe Public Safety Coordination
Center m18OO-232-0144.

EXHIBIT A
A. When 0mconduct a �»b briefing
Conduct a job briefing:
* Before beginning ovvork activity
* When work activity nr work conditions change
w When another person joins the crew
* When required to handle a hand operated main track switch in non-signaled
territory
B. Conducting a 'ob briefing
When conducting a job briefing:
* Discuss the sequence of job steps.
* |denUfv, e|iminote, oontain, ur communicate all potential hmzmnja related 0othe job.
* Inspect tools and equipment before use.
w Identify proper PPE for the job task.
w Ensure understanding of the planned sequence ofevents.
w Follow up0o ensure compliance with safe work practices.
Warning other Employees (GS-4)
Warn co-workers of unsafe acts and hazards.
Penaomm| Protective Equipment, Clothing and Jewelry(GS-6)
Obtain, be familiar with, and wear approved and properly fitted personal protective
equipment and clothing required for your job classification and/or work environment. Keep
equipment in good working condition and available for immediate use. Do not alter or
otherwise tamper with personal protective equipment.
A. Complying with Specific Requirements
When you are required to enter an area or facility that has personal protective
equipment requirements that are in addition to those contained in this rule, comply with
those requirements om well omthese.
B. Clothing
Do not wear loose-fitting clothing that could become entangled in equipment orcould
beo tripping hazard.
1' Shirts
Wear a shirt that:
* provides protection from oun, inoacta, mbnoeione, and/or scratches;
w has a1 least one-quarter length sleeves;
w covers the chest, abdomen and back.
2' Trousers
When working outside the office environment, wear trousers that cover your
entire lower body and legs. Shorts are not appropriate attire when onduty.
C. Wearing Jewelry
Do not wear:
w Finger rings outside oYanoffice environment.
w Jewelry that could become entangled in equipment.
w Mouth and tongue jewelry
° Metal objects, including finger rings and/or watchbands when repairing or

EXHIBIT A
maintaining electrical equipment'
D. High Visibility Apparel
Wear CSX approved high Nm|bi|hvappmna|vvith|n25feetofmtnacb(Note: PS&E
contractors and consultants are expected 0o wear approved high visibi|itvmppandm1aU
times while on CSX property.
Except:
w When riding in enclosed equipment orvehicles
w When working in a shop or locomotive servicing facility designated by a blue flag
protection
w Engineering employees working underneath properly secured and protected
roadway equipment
* When working |n designated passenger loading/unloading areas
High visibility apparel must be worn as the top layer of clothing. Employees and
contractors engaged in cutting, burning or welding outside of a shop environment must
wear[SXapproved, flmnne resistant, high visibility apparel.
E. Protective E3mowemr, Hard Hats, Footwear and Hearing Protection
* Wear approved safety glasses with side shields at all times while on duty, except when
riding in a company vehicle with the windows doeed, working in an nffice, xvhi|a in a
lunch area, or while ina locker room.
w Do not wear tinted myevvear:
w During the period starting one hour before sunset and continuing until one hour
after sunrise.
* When working in tunnels orin places where there is m similarly low level of light.
w When the available light would generally be considered inadequate for the
performance of the job task.
* Wear an approved hard hat at all times while on duty, except when working inanoffice,
vvh||e riding in a highway motor vehicle, or in m designated lunch break area.
* Hard hats are not naqu|nad to be worn while operating work equipment with fully
enclosed cabs.
w Wear high-top(6-inch or more), safety-toe shoes with laces, oil-resistant soles, and a
distinct separation between the heel and the sole when working outside of an office
environment.
* When working in areas where hearing protection may be required, have approved
hearing protection devices available on your person and wear them where required by
posted notice or special instructions.

EXHIBIT A
Operating Tools, Equipment, Doors and Windows bxHand (GS-7)
While operating tools, equipment, doors, and windows bvhand:
* Use only tools and equipment that you are qualified bouse.
w Do not use excessive force.
* Inspect all tools and equipment and related safety devices for unsafe conditions before
use, removing from service if defective.
w Use the proper tools for the purpose designed. Unauthorized modifications are
prohibited.
* Avoid placing any part of your hand or body where it can bepinched.
* Use door handles or other opening/closing devices where provided.
Slip, Trip, and Fall Prevention (GS-8)
Constant awareness and concentration are your best protection against slip, trip, and fall
hazards, both on and off the job. Local conditions can change at any time and you must
remain alert and mindful of your surroundings. Use designated vva|kvvoye, handholds
and railings when available. Always choose routes that afford the safest walking
conditions and be in a position to have a clear view of where you are walking. During
times of poor weather or other unusual conditions, approved and appropriate personal
protective equipment must beused.
w To ensure proper footing, use designated walkways when possible, keeping them clear
nf debris,tools, equipment and other materials.
* Look in the direction you are walking; stop if you have 0o look elsewhere.
* Do not take m step unless you have a clear view of where you intend 1m place your foot.
* [3o not carry objects that block your view.
* |nm low level mf light, use a light 10 illuminate your path.
w Exercise caution when moving between different walking surfaces(carpet to tile,
concrete to bmUoet, etc.).
w When entering a building or office area, clean your shoes to prevent tracking
contaminants (water, ice, oil, grease, e1c.) inside.
* Slow down when approaching comers, intersections and doorways.
w When placing your foot nn any surface, domo |nm defensive manner.
w Avoid placing your foot in any place or against any object that will cause you 0otrip.
* Avoid slippery, unstable or uneven surfaces whenever possible; if you have to work on
these surfaces, slow down and take short steps.
w When pnao1ioa|, wear anti-slip footwear when xvm|hin0 on ice and/or in snow.
w When practical, clear slippery walking surfaces and apply salt, sand, or other suitable
material on such surfaces.
w Keep your hands out of your pockets and do not hold a radio receiver or personal
communication device to your ear when walking.
* Use handholds Vr hand rails where provided.
* When walking onballast:
* Place your feet carefully.
* Be aware that the ballast might shift orroll.
w Take extra care onslopes.

EXHIBIT A
On or About Tracks (GS-10)
w When working onor about tracks:
w Apply the appropriate protection (3-Step, Roadway Worker, Blue Signal, etc.)for
your job classification where required.
w Be alert for the movement of cars, locomotives, or equipment at all times, in either
d|nect|on, on any track.
w Do not cross within 25 feet nfthe end ufstanding mare, equipment, or locomotives,
except when proper protection iaprovided.
* Stand mtleast:
m 30feat from m switch or derail associated with the route of passing equipment,
when practical.
* 1O feet or more, from a switch ur derail being traversed by engines orcars
during switching operations when practical.
* Stop and look in the both directions before rnoh|ng any uf the following movements:
w Fouling or crossing mtnaok.
* Moving from under ur between equipment.
w Getting onur off equipment.
w Operating mswitch.
w You may cross more than one track without stopping o1 each track if you determine
i1|e safe todoso.
* Except for an Engineering Employee performing repairs, do not step or sit on any
part of:
* Rail
* o switch or switch machine
w m/rog
w mUermi|
* mn interlocking machine or its connections
w a retarder
w o defect detector
* Never take shelter under any car, equipment, orlocomotive.
* Om not use push poles to move locomotives orcars.
Note- Proper Protection: always verify with the proper CSXT authority(e.g.—local
Rmadnneoter.Trainmaabyrmr their representative)whether ornot aCSXT Flagman io
necessary, prior tn starting any work onorabout (within 35 feet of)tracks.
Lifting Objects and Handling Materials (GS-22)
Use good lifting principles when you are required to lift onobject.
Good lifting principles are as follows:
° Assume and maintain aatmb|e. balanced posture.
w Make certain the load can be grasped securely and controlled during transport.
w Keep the load close tm your body.
* Keep your upper body aa erect as possible and your lower back bowed in.
* Tighten your abdominal muscles and lift/lower with your legs.
* Lift smoothly; don't jerk.
w Never use excessive force.
w Don't twist your body while lifting, transporting, or lowering mload.

EXHIBIT A
* When moving heavy or bulky loads:
* Use a cart or similar device.
* Look for ways boreduce the load.
* Get help.
Handling Materials (GS-23)
When handling materials:
* Inspect any load before lifting/carrying an object. Look for sharp edges and/or
projections that could cause i juryorprevant1he |oadfronmbeingoecure|ygnamped.
Make certain that the load |ostable and will not shift during lifting, transport, orlowering.
* Ensure that walkways are clear of obstructions and free of slip/trip hazards before lifting
or carrying.
w When available, use approved material handling and lifting devices to lift and transport
loads.
° Do not carry objects or loads that block your view of the walking surface or the travel
route.
* |f handling materials with assistance, always have o job briafing.
Riding in Motor Vehicles (GS-24)
A. Ensure the motor vehicle is safe.
Before riding in or operating m motor vehicle, to the extent possible,
inspect the vehicle's equipment and safety devices for unsafe conditions.
|f any of the vehicle's equipment or safety devices are unsafe:
w Do not ride in the vehicle.
° Remove the vehicle from service, if it's under your charge.
B. Using seat belts:
While |n moving motor vehicles that are equipped with seat belts, wear the
seat belts in the manner intended. Remove any tool belt, FlCO Vest, Vrother
equipment that could prohibit the proper use ofa seat belt.
Exception: seat belt usage is not required in a hi-rail equipped vehicle on the track.
C. Using approved seats:
While being transported, only ride in seats that are permanently installed and approved
by the manufacturer.
Use of Personal Electronic and Electrical Devices (GS-28)
Railroad employees and contractors are prohibited from using personal electronic and
electrical devices for any function (such as text nneaeoQinQ, gaming and internet browsing)
other than voice communication while onduty.
These devices must be turned off(with any ear pieces removed) and stored:
w While wna moving train.
* When a duty requires m railroad operating employee tobeon the ground, onor
riding rail equipment, or when any other employee is assisting with preparation of

EXHIBIT A
* When operating on-track equipment that iamoving.
* Within dispatcher centers, ymndnmmotony and operator offices.
Note: Personal cellular phones may be used in case of emergencies or for communication
redundancy if radio or other communication failure (Operating Rules 408 and 409).
Personal cellular phones may be used for minimal personal voice communication
purposes.
* When train or locomotive nr on-track equipment iastopped.
* When not engaged in any switching operation or riding equipment.
* When employees and contractors are in a place of safety not closer than 25 feet
from nearest rail.
* When it will not interfere ordistract from safety or performance mfduties.
A personal electronic or electrical device that enhances an individua|'m physical ability to
perform their duties such aemhearing aid ia not prohibited by this rule.
Operating Motor VehicUmm (GS-33)
In addition to following all fadenm|, state, and local |aws, employees operating
motor vehicles must comply with the following:
A. Company vehicles must be inspected for a properly maintained back up
o|ornn, fire extinguisher, and a first-aid kit.
B. Employees operating commercial vehicles (CC)L required) must complete all
required pre-trip inspections.
C. When parking, avoid situations and areas requiring backing movements upon
exit.
a. If unable to avoid such ai1uaUono, vehicles are to be backed into
parking spaces.
b. When bmck|nQ, inspect areas 0o the rear to verify that no personnel or
obstructions are in the path ofmovement.
c. If two or more people are occupying the motor vehic|a, the operator is
to designate one person to guide backing movements from m position of
safety on the ground.
D. Apply the parking broke to a stationary vehicle if the engine must be left
running |n order 10 accomplish its intended task.
E. Use of an electronic device for other than hand-free voice omrnnnunioaUon is
prohibited vvhi|a operating a motor vehicle.
F Vehicle passenger compartments must be kept |nmn orderly condition and
free of loose items.
Environment
* Handle and/or dispose of any product, material, waste, or other refuse used or
generated during C8XT operations(or under contract with CSX7) in accordance with

EXHIBIT A
all applicable governmental regulations and CSXTpolicies.
* Store all drums, pails, and buckets properlylabeled(whether empty or full) in properly
designed storage areas, which comply with all governmental regulations and CSXT
policies.
Electrical Hazards(ES-3)
m) Only perform electrical work for which you are qualified.
b\ Lockout and/or tag out electrical equipment before making adjustments or repairs.
o) /\||ovv no conductive material to come in contact with live power.
d\ Verify with o meter that the circuit is de-energized before starting work.
Cranes and Hoisting Equipment (ES-1 1)
a\ Respond to standard signals from the designated person only.
b\ Sound avvornin0 signal before moving in any direction or near people.
c) Keep boom and cables away from all obstructions or power lines.
d\ Do not use dragging movements, unless you are performing dragline operations.
e\ Turn off power before leaving equipment unattended.
0 Lower the load and secure the boom when clearing for a passing train.
g) C)o not exceed capacity Vf the lowest rated component.
h\ Do not work under a suspended load or place yourself between a suspended load
and anobstruction.
i) Never leave a suspended load unattended.
') Taglines must be used when necessary to control loads that are being moved.
higher than knee level. This does not preclude placing hands on a load for initial or
final alignment.
Excavations, Pits, and Manholes (ES-20)
a) Shore vertical excavation of five feet deep ormore.
b) Call utility |oca0uno before you dig.
c) Protect all open holes and trenches with adequate barricades.
d) Do not use open flames 0o thaw frozen pits or manhole covers.
m) Ensure adequate atmospheric testing and ventilation in confined spaces.
Fall Protection
Ensure compliance with Occupational Safety and Health Administration (OSHA)
Regulations and FR\ Bridge Workers Safety Rules for fall protection.
|f you have any questions, or need further c|mrifioatinnof anything listed above, please
contact your CSXTmanager. |f there's ever any doubt, the safe course must always be
taken!
|n case ofa C8XT Emergency, call the Public Safety Coordination Center m1
1-800-232-0144.
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[J���� J�nuary1. 2O13 � -~~ `. uz-&o,

EXHIBIT B
NCDENR Insurance Requirements
During the term of the AGREEMENT to which this Exhibit is attached, NCDENR's CONTRACTOR at its
sole cost and expense shall provide and maintain commercial insurance with, at a minimum, the following
coverage and limits:
a. Worker's Compensation — The CONTRACTOR shall provide and maintain Worker's Compensation
Insurance, as required by the laws of North Carolina, as well as employer's liability coverage with
minimum limits of $150,000.00, covering all of CONTRACTOR's employees who are engaged in any
work under this AGREEMENT. If any work is sublet, the CONTRACTOR shall require the subcontractor
to provide the same coverage for any of his employees engaged in any work under this AGREEMENT.
b. Commercial General Liability — General Liability Coverage on a Comprehensive Broad Form on an
occurrence basis in the minimum amount of$1,000,000.00 Combined Single Limit. (Defense cost shall be
in excess of the limit of liability.)
c. Professional Liability (Errors and Omissions) - CONTRACTOR shall obtain, at CONTRACTOR's
expense, and keep in effect during the term of this AGREEMENT, errors and omissions insurance covering
any damages caused by an error, omission or any negligent acts of CONTRACTOR, its subcontractors,
agents, officers, or employees under this AGREEMENT. Combined single limit per occurrence shall not
be less than$1,000,000.00. Annual aggregate limit shall not be less than$2,000,000.00.
d. Automobile — Automobile Liability Insurance, to include liability coverage, covering all owned, hired
and non-owned vehicles, used in connection with this AGREEMENT. The minimum combined single
limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured
motorist; and$1,000 medical payment.
REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the
CONTRACTOR and is of the essence of this AGREEMENT. All such insurance shall meet all laws of the
State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to
provide such coverage and that are authorized by the Commissioner of Insurance to do business in North
Carolina. The CONTRACTOR shall at all times comply with the terms of such insurance policies, and all
requirements of the insurer under any such insurance policies, except as they may conflict with existing
North Carolina laws or this AGREEMENT. The limits of coverage under each insurance policy maintained
by the CONTRACTOR shall not be interpreted as limiting the CONTRACTOR's liability and obligations
under this AGREEMENT.