20130843 Ver 1_More Info Received_20130809

20130843
Dennison, Laurie
From:
O'Keefe, Richard F. <RICHARD.F.O'KEEFE @saic.com>
Sent:
Friday, August 09, 2013 1:01 PM
To:
Dennison, Laurie
Cc:
ocampom @chevron.com; kumarchna @yahoo.com
Subject:
RE: Bank Stabilization 1305 US Hwy 70 West Garner NC
Attachments:
211977 PCN 080713 signed page and AA.pdf
Hi Laurie — Attached is the signed page 10 and also a copy of our Access Agreement with Mr. Kumar (1 &S Petro).
Let me know if you have any questions and thank you for your email.
Richard O'Keefe ) SAIC
Senior Project Manager
Engineering Solutions
phone: [phone]
Mobl I Ie: 678.637.5554
okeefer @salc.com I saic.com /engineering
lefdols
Portions of SAIC to be renamed Leidos, Inc. subject to
stockholder approval and consummation of a separation
transaction if approved by SAIC board of directors.
From: Dennison, Laurie [ mailto :laurie.j.dennison@)ncdenr.govl
Sent: Friday, August 09, 2013 12:33 PM
To: O'Keefe, Richard F.
Cc: ocampom @chevron.com; kumarchna @yahoo.com
Subject: Bank Stabilization 1305 US Hwy 70 West Garner NC
Importance: High
Mr. O'Keefe:
The Division of Water Resources (DWR) received the application package and fee today for the above referenced
project. Looking through the package, the PCN applications are not signed /dated by the owner or yourself. DWR will
needed a signed and dated page 10 of 10. Your signature, as agent, would only be valid with an agent authorization
document from the applicant.
You may scan in the documents and email them to me if you have that capability. The requested items can also be
mailed to DENR - DWR - Webscape Unit, 1650 Mail Service Center, Raleigh NC 27699 -1650.
Once the requested items are received, DWR can move forward with the review and approval process.
Laurie Dennison
Administrative Assistant
919 - 807 -6303

Wetlands, Buffers, Streams, Compliance — Permitting (Webscape) Unit
NCDENR /Division of Water Resources — Wetlands and Stormwater Branch
Mailing address: 1650 Mail Service Center Raleigh NC 27699 -1650
Physical location: 512 N Salisbury St 9th Fl Archdale Bldg Raleigh NC 27604 -1170
Fax line: 919 - 807 -6494
Website: www.ncwaterguality.org

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
Yes Q No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
U S Fish and Wildlife listed species list for Wake County at http: /Avww.fws.gov /raleigh /species /cntylisttwake.htmi. See Attachment A, item 5(5d) Table
1 listing Wake County protected species, habitat preferences, and determination regarding potential occurrence at the project site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The project is in an intermittent stream channel and will not be located at or near coastal /tidal waters or a perennial freshwater stream.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
Yes Ox No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
North Carolina State Historic Preservation Office website: httpJ/ www.hpo.nedcr.gov /NR- PDFs.html *W See Attachment A, Item 7(7b) for a table of
National Register sites located in the vicinity of the project site and a determination of effects.
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes []x No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
North Carolina Floodplain Mapping program at http: //www.ncfloodmaps com Figure provided in Attachment A. Item 8.
o 1 4
7 IQ/t3
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature Is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

Station #: 211977
SITE ACCESS AGREEMENT
THIS SITE ACCESS AGREEMENT ( "Agreement") is entered into by and between
CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation
( "EMC "), and J& S Petro LLC, C'Owner").
Owner holds record title to certain real property located at 1305 Highway 70 W, in the City of
Gamer, County of Wake, State of North Carolina (the "Property").
EMC's affiliate, Chevron U.S.A. Inc. or its dealer formerly owned and/or operated a retail
service station on the Property, commonly referred to as Service Station #211977.
EMC seeks Owner's authorization to access the Property to conduct the Work, as defined below,
and for the purpose of performing environmental assessment and remedial activities at the request and
direction of the North Carolina Department of Environmental and Natural Resources ( "NCDENIV ).
Owner is willing to grant EMC access to the Property for the above - described purposes.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties
hereby agree as follows:
Owner hereby grants to EMC, its employees, agents, representatives, consultants and contractors,
a license over, under and across the Property for the purpose of performing environmental assessment,
monitoring and remedial activities the ( "Work "). Said Work may include, but not be limited to soil,
vapor and groundwater sampling and the installation, maintenance, inspection, replacement, periodic
sampling and abandonment of wells. Prior to the installation of any new equipment on the Property,
EMC, NCDENR and Owner shall work together to determine the appropriate location for the new
equipment. Owner agrees to cooperate with EMC, including the execution of additional documents, if
necessary, in order to obtain permits or other documents from a government agency required to install,
abandon or remove EMC's equipment.
EMC agrees, at its sole cost and expense, to conduct and perform the Work in a prompt, safe,
efficient and workmanlike manner and in compliance with all applicable federal, state or local laws,
regulations or ordinances.
The license granted herein shall terminate upon completion of the Work.
If entry onto the Property by EMC, or exercise by EMC of any of its rights or obligations under
this Agreement, result in any physical damage to the Property (ordinary wear and tear excepted), EMC
shall promptly repair and restore the portions of the Property damaged to substantially the same
condition as existed prior to the damage or exercise of such right or obligation.
EMC agrees to indemnify, defend and hold Owner, its agents, successors, and assigns, harmless
from and against any claims, causes of action, or lawsuits brought by a third party relating to the
performance of the Work, including but not limited to, any acts or omissions of EMC, its agents and
consultants, and any agents or subcontractors of such consultants on the Property. EMC shall undertake
all activities conducted under this Agreement at its sole cost and expense.
In lieu of insurance coverage, EMC maintains a self- administered claims program with respect to
its duties hereunder. EMC shall require contractors who perform the Work under this Agreement to
maintain liability insurance coverage in accordance with the contractors' service agreements.

EMC shall discharge at once or bond or otherwise secure against all liens and attachments that
are filed in connection with the Work, and shall indemnify and save Owner and the Property harmless
from and against any and all loss, damage, injury, liability and claims thereof resulting directly from
such liens and attachments.
Any notices required to be made under this Agreement shall be made in writing to the address of
the appropriate party as set forth below. All such notices shall be deemed to have been duly given and
received upon mailing, delivery by courier or personal delivery service, or by email, provided that email
delivery shall be effective when the sender has received an electronic confirmation of delivery. Parties
may alter or modify their notice address by delivery of written notice pursuant to the terms of this
Agreement.
To EMC: Chevron Environmental Management Company
4800 Foumace Place
Bellaire, TX 77401 -2324
Attention: Peter Kasbohm
[phone]
PeterKasbohm @chevron.com
To Owner: Name: J & S Petro LLC
Address: 1305 Highway 70 W
Garner, NC 27529 -2551
Telephone: [phone]
Upon request, each party shall promptly provide the other with copies of all final reports,
laboratory test results, and other communications submitted to a government agency regarding any
environmental investigation performed on the Property.
This Agreement shall be interpreted, and any dispute arising hereunder shall be resolved, in
accordance with the substantive laws of the State of North Carolina.
This Agreement may be executed in counterparts, all of which together shall constitute one and
the same agreement.
The parties acknowledge and agree that neither this Agreement, nor the act of entering into it or
any act or omission pursuant hereto shall be construed as an admission of any nature.
Throughout the term of this Agreement, EMC and Owner shall at all times comply fully with all
applicable laws, ordinances, rules, and regulations or any governmental agency having jurisdiction over
the Property.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, successors and assigns. Owner shall promptly notify EMC of any transfer of its interest
in the Property and shall provide a copy of this Agreement to any and all transferees.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective
as of the last date set forth below.
EMC: CHEVRON ENVIRONMENTAL
MANAGEMENT COMPANY,
A California corporation
Dated: f Izz 1 2012
OWNER:
Dated: v b 2012
BJ i r L' ^� c. 1109
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