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HomeMy WebLinkAboutWM0401306_Monitoring Well Permit Application_20210709NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM PLEASE TYPE OR PRINT CLEARLY In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto, application is hereby made for a permit to construct monitoring or recovery wells. 1. Date: 7-7-2021 2. County: Guilford FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): Monitoring 4. Applicant: Univar Solutions USA Inc. c/o Mark Kleiman Telephone: 919-259-6261 Applicant's Mailing Address: 503 SW Hampton Ct., Port St. Lucie, FL 34986 Applicant's Email Address (if available): mark.kleiman@univarsolutions.com 5. Contact Person (if different than Applicant): Bill Anckner - Arcadis Telephone: 919-415-2255 Contact Person's Mailing Address: 5420 Wade Park Boulevard, Suite 350, Raleigh, NC 27607 Contact Person's Email Address (if available): william.anckner@arcadis.com 6. Property Owner (if different than Applicant): CARS-DB4, L.P. Telephone: Property Owner's Mailing Address: 8484 Westpark Drive, Suite 200, McLean, VA 22102 Property Owner's Email Address (if available): notices@capitalautomotive.com 7. Property Physical Address (Including PIN Number) 3604 West Wendover Avenue PIN 42730 City Greensboro County Guilford Zip Code 27407 8. Reason for Well(s): Groundwater assessment (ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.) 9. Type of facility or site for which the well(s) is(are) needed: Former chemical distribution facility. (ex: non -discharge facility, waste disposal site, landfill, UST, etc.) 10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s). NCD089903983 11. Type of contaminants being monitored or recovered: VOCs (ex: organics, nutrients, heavy metals, etc.) 12. Are there any existing wells associated with the proposed well(s)? If yes, how many? 6 Existing Monitoring or Recovery Well Construction Permit No(s).: NA 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 300 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yes, give distance(s): 15. Well Contractor: Innovative Environmental Technologies, Inc. (IET) Certification No.: 3455-A Well Contractor Address: 232 Hwy 49 South Concord, NC 28025 PROPOSED WELL CONSTRUCTION INFORMATION 1. As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing the following: a. Borehole and well diameter e. Type of casing material and thickness b. Estimated well depth f. Grout horizons c. Screen intervals g. Well head completion details d. Sand/gravel pack intervals Continued on Reverse PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2. Number of wells to be constructed in unconsolidated 5. How will the well(s) be secured? Locking well cap, material: 2 8" manhole in a 2' X 2' concrete pad. 3. Number of wells to be constructed in bedrock: 0 6. Estimated beginning construction date: 8/9/2021 4. Total Number of wells to be constructed: 2 7. Estimated construction completion date: 8/16/2021 (add answers from 2 and 3) 1. ADDITIONAL INFORMATION As required by 15A NCAC 02C .0105(f)(5), attach a scaled map of the site showing the locations of the following: a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads, intersections, streams, or lakes within 500 feet of the proposed well or well system. b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system. c. The proposed well or well system. d. Any test borings within 500 feet of proposed well or well system. e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas) within 500 feet of the proposed well or well system. SIGNATURES The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C) and accepts full responsibility for compliance with these rules e:e Signatu a of Applicant or *Agent LE:NIAsu Printed name of Applicant or *Agent l�7:414 ~F°_a riii f : J air ikae:te, Title of Applicant or *Agent * If signing as Agent, attach authorization agreement stating that you have the authority to act as the Agent. If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C). "See attached access agreement *See attached access agreement Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant) DIRECTIONS Please send the completed application to the appropriate Division of Water Resources' Regional Office: Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone: (828) 296-4500 Fax: (828) 299-7043 Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, NC 28301-5094 Phone: (910) 433-3300 Fax: (910) 486-0707 Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704) 663-6040 Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Phone: (919) 791-4200 Fax: (919) 571-4718 Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Fax: (252) 975-3716 Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7215 Fax: (910) 350-2004 Winston-Salem Regional Office 450 W. Hanes Mill Road Suite 300 Winston-Salem, NC 27105 Phone: (336) 776-9800 Fax: (336) 776-9797 GW-22MR Rev. 3-1-2016 ARCAD I S WELL CONSTRUCTION DETAILS -TYPE II * see notes for details LAND SURFACE 8 inch diameter drilled hole inch diameter, Sch 40 PVC ft* Bentonite ft* ft* —Well Screen. 2 inch diameter Sch 40 PVC , 10 slot [X]Sand Pack ft* ft* Depth Below Land Surface Notes - Well will be completed at the surface with an 8" steel manhole cover within a 2'x2' concrete pad. PLOTTED: 9/18/ FORMER TANK FARM AREAS FORMER TRUCK SCALE FORMER UST AREA FORMER REPACKING BUILDING FORMER OFFICE / WAREHOUSE BUILDING © 2019 M11rosoft Corporation © 2018 DigitalGlobe ©CNES (2018) Distribution Airbus DS LEGEND: PARCEL LINE SITE LOCATION MW-1 MONITORING WELL LOCATION UST UNDERGROUND STORAGE TANK PROPOSED MONITORING WELL LOCATION PROPOSED SOIL VAPOR PROBE LOCATION (PAIRED) 0 100' 200' GRAPHIC SCALE UNIVAR SOLUTIONS USA INC. GREENSBORO NC PROPOSED MONITORING WELL AND SOIL VAPOR PROBE LOCATIONS ARCADIS Design &Consultancy fornaturaland built assets FIGURE 3 ACCESS AGREEMENT This ACCESS AGREEMENT ("Agreement") dated for reference purposes May 19, 2021, is made by and between CARS-DB4, L.P., a Delaware limited partnership ("Owner"), and Univar Solutions USA Inc., a Delaware corporation ("Univar Solutions"). RECITALS WHEREAS, Owner owns the real property located at 3604 West Wendover Avenue, Greensboro, North Carolina which is identified as Guilford county tax parcel number 42730 (the "Property"). WHEREAS, Univar Solutions has retained Arcadis G&M of North Carolina, Inc., a North Carolina corporation ("Consultant"), to conduct an environmental investigation and/or remedial action work ("Remediation Work") at and around the Property associated with historical activities at the former Univar Solutions West Wendover Avenue facility, located at 3600 West Wendover Avenue, Greensboro, North Carolina, which is defined as Guilford county tax parcel number 42720, as described in the Fact Sheet attached as Exhibit A. WHEREAS, as part of the Remediation Work, Univar Solutions and Consultant desire access to the Property in order to complete certain activities more specifically described in Exhibit B attached hereto (the "Work"). WHEREAS, the North Carolina Department of Environmental Quality ("NCDEQ") is overseeing the Work and may require access to the Property in order to direct, monitor, or conduct activities related to the Work ("Oversight Activities"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Access to the Property. Subject to the provisions of this Agreement, Owner hereby grants to Univar Solutions and its authorized representatives, agents, contractors and subcontractors, including Consultant (collectively, "Univar Solutions Parties"), permission to enter the Property for the sole purpose of conducting the Work and any restoration activities authorized in or required by Section 4, and hereby grants to NCDEQ and its authorized representatives, permission to enter the Property for the purpose of conducting the Oversight Activities during the term of this Agreement. Univar Solutions Parties shall designate in writing to Owner in advance of any entry the names of their authorized representatives and personnel needing access to the Property for purposes of the Work. 2. Time of Entry. Univar Solutions Parties shall provide Owner with reasonable advance written notice of not less than forty-eight (48) hours of any intent to enter the Property to conduct the Work and shall conduct all Work at reasonable times approved by Owner and in Page 1 of 5 ACCESS AGREEMENT ACTIVE 55088799v7 a reasonable manner so the Work does not interfere with operations at the Property. Owner shall have the right to have representatives present during Univar Solutions Parties' performance of the Work, and shall have the right to request and receive split samples of all environmental media samples collected during the course of the Work. The Work shall be performed in a diligent manner so as to minimize the amount of time and extent of access to the Property necessary to perform the Work. 3. Performance of Work. Univar Solutions Parties shall comply with all applicable federal, state and local laws and regulations, and obtain all necessary permits and governmental approvals in conducting the Work. Copies of such permits and governmental approvals shall be provided to Owner within five (5) business days after each such permits and governmental approvals is obtained by Univar Solutions Parties. Univar Solutions Parties shall be solely responsible for the security of any equipment and materials brought onto the Property by or at their request or direction, and Owner shall have no obligations with respect thereto. All Work shall be completed at the sole cost and expense of Univar Solutions. If any lien (or a petition to establish such lien), which is related to the Univar Solutions Parties' acts, is filed against the Property or Owner's interest therein, Univar Solutions shall seek to discharge such lien (or petition) within thirty (30) days after Univar Solutions receives written notice of said lien (or petition) from Owner, at its sole cost and expense, by the payment thereof or by the filing of a bond, at the option of Univar Solutions. The consent to access contained in this Agreement shall not be deemed to be an agreement or consent by Owner to subject its interest in the Property to any liens that may be filed in connection with such access or the Work. 4. Restoration of Property and Removal of Equipment and Materials. Upon completion of the Work, and/or if the Work or any Univar Solutions Party causes damage to the Property, Univar Solutions Parties shall restore the area of the Property damaged by the Work or any Univar Solutions Party to as near the condition existing before the Work commenced as possible, or in an alternate manner as agreed to in writing by both Univar Solutions and Owner. Upon completion of the Work or in the event of earlier termination of this Agreement, Univar Solutions shall cause any and all equipment and materials brought onto the Property to be removed therefrom at its sole cost and expense. 5. Results of Work. Univar Solutions Parties shall provide Owner with all validated analytical data obtained by any of the Univar Solutions Parties as part of the Work, including data as and when received from Consultant, when reports are in final form. 6. Insurance and Indemnity. All Univar Solutions Parties that access the Property shall carry and maintain in full force throughout the term of this Agreement liability insurance with coverage limits of not less than $1,000,000 for personal injuries or property damage arising from the Work. Prior to accessing the Property, Owner shall be provided written proof of such insurance being in force, and shall be provided with proof of continuing coverage during the term of this Agreement upon request. Univar Solutions shall indemnify, defend, and hold Owner, its lenders, successors and assigns, harmless against any breach of this Agreement by any of the ACCESS AGREEMENT Page 2 of 5 ACTIVE 55088799v7 Univar Solutions Parties, and any claims or demands asserted against Owner by any third- party(ies) arising from or relating to the Work, including all reasonable attorneys' fees and costs relating thereto, except to the extent such claims or demands are due to the negligence or willful misconduct of Owner. The foregoing indemnity shall survive the termination of this Agreement. 7. Notices. All notices and communications regarding this Agreement shall be in writing, which includes email as an acceptable form of notice, shall be directed to the persons and addresses set forth below, and shall be deemed duly given: (a) when delivered to the other party if sent by a nationally recognized courier; (b) one day after being sent via email; or (c) two days after being mailed to the other party by regular and certified mail, return receipt requested. Univar Solutions Parties: Univar Solutions USA Inc. c/o Mark Kleiman 503 SW Hampton Ct Port St Lucie, FL 34986 Mark.kleiman@univarsolutions.com With a copy to: Arcadis G&M of North Carolina, Inc. c/o William Anckner 5420 Wade Park Boulevard, Suite 350 Raleigh, North Carolina 27607 William.anckner@arcadis.com And Legal Department Univar Solutions USA Inc. 3075 Highland Parkway, Suite 200 Downers Grove, IL 60515 (VIA nationally recognized overnight courier) Owner: CARS-DB4, L.P. 8484 Westpark Drive, Suite 200 McLean, VA 22102 Attn: General Counsel Reference: ASB-020 notices@capitalautomotive.com Any party may change the above designations by written notice to the other party. 8. Relationship of the Parties. Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent, or of partnership, or of joint venture, or of any other association between the parties. ACCESS AGREEMENT Page 3 of 5 ACTIVE 55088799v7 9. Effect of Agreement. Nothing in this Agreement shall constitute an admission of fact, responsibility, fault, or liability of any kind, or constitute a waiver or limitation of any legal claim or defense available to any party. 10. Parties Bound and Assignment. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. No party may assign the rights and obligations provided by this Agreement without the other parties' prior written consent, except that Owner may assign its rights and obligations hereunder to any successor owner of the Property. 11. Authority to Execute. Each person executing this Agreement represents and warrants that he or she is fully authorized to execute this Agreement on behalf of the party he or she represents. 12. Entire Agreement and Amendment. This Agreement contains the parties' entire agreement and supersedes all prior agreements and understandings between the parties relating to its subject matter. This Agreement may not be amended or modified except by a written instrument duly executed by the parties. 13. Waiver and Severability. The waiver of performance of any covenant, term, or condition of this Agreement by either party shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. If a court of competent jurisdiction determines any provision of this Agreement is invalid or otherwise unenforceable, all of the remaining provisions shall remain in full force and effect. 14. Term of Agreement. Univar Solutions may terminate this Agreement at any time by providing written notice to Owner, provided that any such termination shall only terminate the access rights of Univar Solutions Parties, but shall not relieve Univar Solutions of any of its obligations hereunder, including but not limited to its duty to restore the Property and to indemnify, defend and hold Owner harmless from claims arising from or relating to the Work. Owner may terminate this Agreement at any time after completion of the Work or upon a material breach of the terms or conditions of this Agreement by any Univar Solutions Party if said material breach is not cured within fourteen (14) days' of Owner's written notice of the breach to Univar Solutions. Unless mutually terminated sooner by the parties hereof or as otherwise permitted herein, this Agreement shall automatically terminate twelve (12) months from the Effective Date (defined below), except that the indemnities contained in Section 6 above shall survive any such termination. 15. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of North Carolina. Venue for any action arising under this Agreement shall be in any court of competent jurisdiction in Guilford County, North Carolina, and each party Page 4 of 5 ACCESS AGREEMENT ACTIVE 55088799v7 hereby agrees to jurisdiction in the State of North Carolina for all actions arising under this Agreement. 16. Counterparts. This Agreement may be executed in multiple counterparts, and all such counterparts once so executed shall together be deemed to constitute one final agreement, as if one document had been signed by all parties, and each such counterpart, upon execution and delivery, shall be deemed a complete original, binding on the parties. An email copy of an original signature shall be deemed to have the same force and effect as the original signature. 17. Effective Date. This Agreement shall be effective as of the latest date of execution below (the "Effective Date"). Owner: CARS-DB4, L.P., a Delaware limited partnership By: CARS-DBSPE4, Inc., a Delaware corporation, its General Partner Signature: Print Name: Univar Solutions: Signature: Print Name: i<Ler lAA Date: J 2% z 0 Z 1 Title: cvf Date: fa-/ L ) 1...c 2_t Title: . rxci- ACCESS AGREEMENT Page 5 of 5 ACTIVE 55088799v7 EXHIBIT A Fact Sheet Commercial Vapor Intrusion Sampling West Wendover Avenue, Greensboro, NC UnivarSolutions USA Inc. (UnivarSolutions) is working with the North Carolina Department of Environmental Quality (NCDEQ) to evaluate potential environmental impacts at the former Univar facility located at 3600 West Wendover Avenue, Greensboro, North Carolina (Property). The former facility was operated by Univar and others as a bulk chemical storage and distribution facility through 2010. Univar Solutions vacated the property in 2010 and currently leases it to Resco Products Inc. (Resco)_ Resco specializes in the production of high -quality refractory products such as specialty bricks, concrete, clays, calks, cement and product additives. Since 2018, Univar Solutions has been performing site assessment activities to evaluate potential environmental impacts at the facility and surrounding properties. Sampling at the Property has indicated the presence of chemicals known as volatile organic compounds (VOCs) in groundwater and soil at levels that exceed the regulatory limits set by the NCDEQ. UnivarSolutions has been working with NCDEQ to collect data to characterize potential impacts to soil and groundwater. Univar Solutions is currently evaluating the potential for chemical vapors from groundwater to migrate vertically into buildings in a process known as "vapor intrusion. This year, Univar and its consultant, Arcadis G&M of North Carolina, Inc. (Arcadis), will seek permission to conduct vapor intrusion sampling at potentially affected structures at the Property and adjacent parcels. About Univar Solutions: Founded in 1924, Univar (NYSE: UNVR) is a global chemical and ingredients distributor and provider of value-added seances, working with leading suppliers worldwide_ Supported by a comprehensive team of sales and technical professionals with deep specialty and market expertise, Univar operates hundreds of distribution facilities throughout North America, Western Europe, Asia -Pacific and Latin America. Univar delivers tailored customer solutions through a broad product and services portfolio sustained by one of the most extensive industry distribution networks in the world. For more information, visit www univar corn UnivarSolutions What is Vapor Intrusion? Organic chemical compounds have become essential ingredients in many products and materials, including upholstered furniture, carpets, paint thinners, air fresheners, nail polish, and perfume. VOCs are commonly found in both indoor and outdoor environments. Outdoors, VOCs are volatilized or released into the air during the manufacture or use of everyday products and materials. Indoors, VOCs are typically released into the air from the useof products and materials containing VOCs, such as household cleaners and hair spray. If VOCs are spilled on the ground, they can infiltrate the soil and migrate down to the groundwater in liquid or gas form. Vapor intrusion describes the manner in which chemical vapors from soil or groundwater migrate upward into an overlying building, which can affect indoor air quality in that building. Vapors can enter buildings through cracks in basements or foundations, through a basement sump or crawl space, through openings for utility lines, and through other types of openings. ACCESS AGREEMENT ACTIVE 55088799v7 Exhibit A Recent groundwater and soil sample collection has determined that VOCs have affected the groundwater flowing away from the former Univar facility and potentially extending off - property. The Proposed Work Soil vapor sampling will be completed by Arcadis, a Univar contractor, as outlined below: 1. An initial visit will be completed to evaluate and discuss with the property owner appropriate locations for the installation of one, or more, flush mounted subslab sampling ports. This initial visit will take approximately one to two hours. 2. The second visit will begin with a scan of potential subsurface utilities using a contracted utility locator. Arcadis will use this information to ensure that it locates vapor sampling locations away from the subsurface utilities. 3. At the completion of the utility locating, Arcadis will utilize direct push technology (DPT) to install two soil gas vapor probe pairs at depths of 6 to 6.5 feet (ft) below ground surface (bgs) and 10 to 10.5 ft bgs. 4. Each soil vapor probe will consist of a 0.5- foot soil gas implant connected with an adequate length of 0.25-inch Teflon® tubing to reach the ground surface. Each soil gas vapor probe will be completed with a steel, flush -mounted cover and concrete pad. 5. Following installation, the new vapor probes will be tested and sampled in accordance with NCDEQ Division of Waste Management Vapor Intrusion Guidance (NCDEQ, March 2018). Each vapor probe will be purged using an a sample will be collected over a time interval of approximately 30 minutes into a laboratory provided 1-liter stainless -steel Summa canister. The soil vapor samples will be analyzed for select VOCs via USEPA Method TO-15. UnivarSolutions 6. Once soil vapor samples are collected, sampling locations will be left in place pending the results of the sampling and any potential request by NCDEQ for further evaluation. Upon confirmation from NCDEQ that no further subslab evaluation or other action is necessary, the soil vapor locations will be removed and the concrete will be patched. Reporting to Property Owners Following the completion of data collection activities and the receipt of the analytical data, a summary of findings with sampling results will be prepared and provided to the property owner. Copies of this report will also be provided to the NCDEQ for review. In the event that additional evaluation or response actions are warranted, Univar will work with the NCDEQ and the property owner to the extent that these impacts are related to Univar Solution's former operations at the property. About Univar Solutions: Founded in 1924, Univar (NYSE: UNVR) is a global chemical and ingredients distributor and provider of value-added services, working with leading suppliers worldwide. Supported by a comprehensive team of sales and technical professionals with deep specialty and market expertise, Univar operates hundreds of distribution facilities throughout North America, Western Europe, Asia -Pacific and Latin America. Univar delivers tailored customer solutions through a broad product and services portfolio sustained by one of the most extensive industry distribution networks in the world. For more information, visit www. u nivar. com. ACCESS AGREEMENT ACTIVE 55088799v7 Exhibit A EXHIBIT B The Work Work activities contemplated by this Agreement may include one or more of the following: • Access the Property solely for the purposes set forth below; • Install soil vapor probes on the Property at the approximate locations shown on Figure 1; • Install groundwater monitoring wells on the Property at the approximate locations shown on Figure 1; • Install, periodically gauge, monitor, or sample groundwater monitoring wells and/or vapor probes; • Survey property features and sample locations; • Transport equipment onto and about the property from time to time as necessary to accomplish the Work; • Remove, test and dispose of any samples or borings; • After completion of the Work as determined by NCDEQ, remove any equipment brought onto the Property in connection with the Work, and restore any portion of the Property damaged by the Work to as close to its original condition existing at the time the Work began as is reasonably possible; and • Performance of other site investigation or remediation activities that may be required by NCDEQ to address environmental impacts that may be attributed to the former Univar Solutions West Wendover Avenue facility. ACCESS AGREEMENT ACTIVE 55088799v7 EXHIBIT B ca FIGURE 1 TO EXHIBIT B /PROPOSED VAP SAMPLING LOCATIONS • ■ • • E GRAPHIC SCALE osrewn Zama 91a-puoa ,,,tyoe—,rninsasva luowsFusL ¢Inn,rokr xas.eavrog OW. zuno.n awceowueosi.a.o.torom000 zCoro v=n 'nda aam n,==,n= ACCESS AGREEMENT ACTIVE 55088799v7 EXHIBIT B