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HomeMy WebLinkAboutWM0401303_Monitoring Well Permit Application_20210702 (2)NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM PLEASE TYPE OR PRINT CLEARLY In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto, application is hereby made for a permit to construct monitoring or recovery wells. 1. Date: 6/28/2021 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: Duke Energy Carolinas, LLC Telephone: 828-713-0097 Applicant's Mailing Address: 526 S Church Street #EC13K, Charlotte, NC 28202-1802 Applicant's Email Address (if available): 5. Contact Person (if different than Applicant): Chris Gilbert Telephone: 828-713-0097 Contact Person's Mailing Address: 526 S Church Street #EC13K, Charlotte, NC 28202-1802 Contact Person's Email Address (if available): christopher.gilbert@duke-energy.com 6. Property Owner (if different than Applicant): Norfolk Southern Corp & NCDOT Telephone: NA Property Owner's Mailing Address: Norfolk Southern: 3 Commercial PI Norfolk, VA 23510 & NCDOT: 1501 Mail Service Center Raleigh, NC27699-1501 Property Owner's Email Address (if available): 7. Property Physical Address (Including PIN Number) 100 N Centennial St (7800357844) City High Point County Guilford Zip Code 27260 8. Reason for Well(s): Groundwater Assessment on Norfolk Southern Right of Way and NCDOT Right of Way (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 Manufactured Gas Plant (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). #NCD986188837 11. Type of contaminants being monitored or recovered: MGP Related Constituents (i.e., Naphthalene, Benzene) (ex: organics, nutrients, heavy metals, etc.) 12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes, 14 Existing Monitoring or Recovery Well Construction Permit No(s).: Guilford County Permit 001-11-MW16-RWO 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 0 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yes, give distance(s): 15. Well Contractor: Geologic Exploration, Kenneth Sargent Certification No.: A-4226 Well Contractor Address: 176 Commerce Blvd, Statesville, NC 28625 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. b. c. d. Borehole and well diameter Estimated well depth Screen intervals Sand/gravel pack intervals e. Type of casing material and thickness f. Grout horizons Well head completion details g. Continued on Reverse PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2. Number of wells to be constructed in unconsolidated material: 18 Temp wells (11 turned permanent) 3. Number of wells to be constructed in bedrock: 0 4. Total Number of wells to be constructed: 18 (add answers from 2 and 3) 5. How will the well(s) be secured? "Dolphin Lock" Padlock 6. Estimated beginning construction date: July 2021 7. Estimated construction completion date: August 2021 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. 143-215.106(5), landfills, or other waste disposal areas) within 500 feet of the proposed well or well system. Property owner consent agreement from Norfolk Southern and an application for a right of way encroachment agreement with the North Carolina Department of Transportation are attached. 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 VP, EHS Signature of Applicant or *Agent Title of Applicant or *Agent James R. Wells * If signing as Agent, attach authorization agreement stating Printed name of Applicant or *Agent that you have the authority to act as the Agent. If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C). See attached executed agreements with NC Dept. of Transportation and Norfolk Southern consenting to well installations. 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 ik&diethek /kw= "-IVOR 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 Wil ngton GW-22MR Rev. 3-1-2016 PROPOSED MONITORING WELL CONSTRUCTION JOB NAME High Point Former MGP JOB NUMBER 7812-21-0626 WELL NUMBER T-1 Deep (3 total) LOCATION (LAT, LONG) INSTALLATION DATE TBD TBD TOP OF CASING ELEVATION (FT AMSL) TBD GRANULAR BACKFILL MATERIAL #2 Sand SLOT SIZE 0.010 in SCREEN MATERIAL PVC SCREEN DIAMETER 2 in RISER MATERIAL PVC RISER DIAMETER 2 in DRILLING TECHNIQUE Rotary Sonic DRILLING CONTRACTOR Geologic Exploration BOREHOLE DIAMETER $vi WOOD FIELD REPRESENTATIVE TBD LOCK BRAND "Dolphin lock" padlock SIZE/MODEL 35 mm KEY CODE/COMBINATION Key GROUND SURFACE STEEL MANHOLE COVER DEPTH TO TOP OF BENTONITE SEAL 36 DEPTH TO TOP OF GRANULAR MATERIAL 37 THREADED COUPLING SCREEN GRANULAR BACKFILL CAP A LENGTH OF SOLID SECTION 40 1 CEMENT BENTONITE RISER LENGTH OF SLOTTED SECTION 5 NOT TO SCALE TOTAL DEPTH OF WELL 45 STABILIZED WATER LEVEL AFTER DEVELOPMENT FEET BELOW TOP OF INNER CASING MEASURED ON wood. Wood Environment & Infrastructure Solutions, Inc. 2801 Yorkmont Road, Suite 100 Charlotte, North Carolina Completed By: Mike Flanik Date: 5/12/2021 PROPOSED MONITORING WELL CONSTRUCTION JOB NAME High Point Former MGP JOB NUMBER 7812-21-0626 WELL NUMBER T-1 Intermediate (3 total) LOCATION (LAT, LONG) INSTALLATION DATE TBD TBD TOP OF CASING ELEVATION (FT AMSL) TBD GRANULAR BACKFILL MATERIAL #2 Sand SLOT SIZE 0.010 in SCREEN MATERIAL PVC SCREEN DIAMETER 2 in RISER MATERIAL PVC RISER DIAMETER 2 in DRILLING TECHNIQUE Rotary Sonic DRILLING CONTRACTOR Geologic Exploration BOREHOLE DIAMETER $vi WOOD FIELD REPRESENTATIVE TBD LOCK BRAND "Dolphin lock" padlock SIZE/MODEL 35 mm KEY CODE/COMBINATION Key GROUND SURFACE STEEL MANHOLE COVER DEPTH TO TOP OF N BENTONITE SEAL 16 DEPTH TO TOP OF GRANULAR MATERIAL 17 THREADED COUPLING SCREEN GRANULAR BACKFILL CAP A LENGTH OF SOLID SECTION 20 1 CEMENT BENTONITE RISER LENGTH OF SLOTTED SECTION 5 NOT TO SCALE TOTAL DEPTH OF WELL 25 STABILIZED WATER LEVEL AFTER DEVELOPMENT FEET BELOW TOP OF INNER CASING MEASURED ON wood. Wood Environment & Infrastructure Solutions, Inc. 2801 Yorkmont Road, Suite 100 Charlotte, North Carolina Completed By: Mike Flanik Date: 5/12/2021 PROPOSED MONITORING WELL CONSTRUCTION JOB NAME High Point Former MGP JOB NUMBER 7812-21-0626 WELL NUMBER T-1 Shallow (3 total) LOCATION (LAT, LONG) INSTALLATION DATE TBD TBD TOP OF CASING ELEVATION (FT AMSL) TBD GRANULAR BACKFILL MATERIAL #2 Sand SLOT SIZE 0.010 in SCREEN MATERIAL PVC SCREEN DIAMETER 2 in RISER MATERIAL PVC RISER DIAMETER 2 in DRILLING TECHNIQUE Rotary Sonic DRILLING CONTRACTOR Geologic Exploration BOREHOLE DIAMETER $vi WOOD FIELD REPRESENTATIVE TBD LOCK BRAND "Dolphin lock" padlock SIZE/MODEL 35 mm KEY CODE/COMBINATION Key GROUND SURFACE STEEL MANHOLE COVER DEPTH TO TOP OF BENTONITE SEAL 1 DEPTH TO TOP OF GRANULAR MATERIAL 2 THREADED COUPLING SCREEN GRANULAR BACKFILL CAP A LENGTH OF SOLID SECTION 5 a 1 CEMENT BENTONITE RISER LENGTH OF SLOTTED SECTION 5 NOT TO SCALE TOTAL DEPTH OF WELL 10 STABILIZED WATER LEVEL AFTER DEVELOPMENT FEET BELOW TOP OF INNER CASING MEASURED ON wood. Wood Environment & Infrastructure Solutions, Inc. 2801 Yorkmont Road, Suite 100 Charlotte, North Carolina Completed By: Mike Flanik Date: 5/12/2021 PROPOSED MONITORING WELL CONSTRUCTION JOB NAME High Point Former MGP JOB NUMBER 7812-21-0626 WELL NUMBER T-2 Deep (3 total) LOCATION (LAT, LONG) INSTALLATION DATE TBD TBD TOP OF CASING ELEVATION (FT AMSL) TBD GRANULAR BACKFILL MATERIAL #2 Sand SLOT SIZE 0.010 in SCREEN MATERIAL PVC SCREEN DIAMETER 2 in RISER MATERIAL PVC RISER DIAMETER 2 in DRILLING TECHNIQUE Rotary Sonic DRILLING CONTRACTOR Geologic Exploration BOREHOLE DIAMETER $vi WOOD FIELD REPRESENTATIVE TBD LOCK BRAND "Dolphin lock" padlock SIZE/MODEL 35 mm KEY CODE/COMBINATION Key GROUND SURFACE STEEL MANHOLE COVER DEPTH TO TOP OF BENTONITE SEAL 36 DEPTH TO TOP OF GRANULAR MATERIAL 37 THREADED COUPLING SCREEN GRANULAR BACKFILL CAP A LENGTH OF SOLID SECTION 40 1 CEMENT BENTONITE RISER LENGTH OF SLOTTED SECTION 5 NOT TO SCALE TOTAL DEPTH OF WELL 45 STABILIZED WATER LEVEL AFTER DEVELOPMENT FEET BELOW TOP OF INNER CASING MEASURED ON wood. Wood Environment & Infrastructure Solutions, Inc. 2801 Yorkmont Road, Suite 100 Charlotte, North Carolina Completed By: Mike Flanik Date: 5/12/2021 PROPOSED MONITORING WELL CONSTRUCTION JOB NAME High Point Former MGP JOB NUMBER 7812-21-0626 WELL NUMBER T-2 Intermediate (3 total) LOCATION (LAT, LONG) INSTALLATION DATE TBD TBD TOP OF CASING ELEVATION (FT AMSL) TBD GRANULAR BACKFILL MATERIAL #2 Sand SLOT SIZE 0.010 in SCREEN MATERIAL PVC SCREEN DIAMETER 2 in RISER MATERIAL PVC RISER DIAMETER 2 in DRILLING TECHNIQUE Rotary Sonic DRILLING CONTRACTOR Geologic Exploration BOREHOLE DIAMETER $vi WOOD FIELD REPRESENTATIVE TBD LOCK BRAND "Dolphin lock" padlock SIZE/MODEL 35 mm KEY CODE/COMBINATION Key GROUND SURFACE STEEL MANHOLE COVER DEPTH TO TOP OF BENTONITE SEAL 21 DEPTH TO TOP OF GRANULAR MATERIAL 22 THREADED COUPLING SCREEN GRANULAR BACKFILL CAP A LENGTH OF SOLID SECTION 25 1 CEMENT BENTONITE RISER LENGTH OF SLOTTED SECTION 5 NOT TO SCALE TOTAL DEPTH OF WELL 30 STABILIZED WATER LEVEL AFTER DEVELOPMENT FEET BELOW TOP OF INNER CASING MEASURED ON wood. Wood Environment & Infrastructure Solutions, Inc. 2801 Yorkmont Road, Suite 100 Charlotte, North Carolina Completed By: Mike Flanik Date: 5/12/2021 PROPOSED MONITORING WELL CONSTRUCTION JOB NAME High Point Former MGP JOB NUMBER 7812-21-0626 WELL NUMBER T-2 Shallow (3 total) LOCATION (LAT, LONG) INSTALLATION DATE TBD TBD TOP OF CASING ELEVATION (FT AMSL) TBD GRANULAR BACKFILL MATERIAL #2 Sand SLOT SIZE 0.010 in SCREEN MATERIAL PVC SCREEN DIAMETER 2 in RISER MATERIAL PVC RISER DIAMETER 2 in DRILLING TECHNIQUE Rotary Sonic DRILLING CONTRACTOR Geologic Exploration BOREHOLE DIAMETER $vi WOOD FIELD REPRESENTATIVE TBD LOCK BRAND "Dolphin lock" padlock SIZE/MODEL 35 mm KEY CODE/COMBINATION Key GROUND SURFACE STEEL MANHOLE COVER DEPTH TO TOP OF BENTONITE SEAL 1 DEPTH TO TOP OF GRANULAR MATERIAL 2 THREADED COUPLING SCREEN GRANULAR BACKFILL CAP A LENGTH OF SOLID SECTION 5 a 1 CEMENT BENTONITE RISER LENGTH OF SLOTTED SECTION 5 NOT TO SCALE TOTAL DEPTH OF WELL 10 STABILIZED WATER LEVEL AFTER DEVELOPMENT FEET BELOW TOP OF INNER CASING MEASURED ON wood. Wood Environment & Infrastructure Solutions, Inc. 2801 Yorkmont Road, Suite 100 Charlotte, North Carolina Completed By: Mike Flanik Date: 5/12/2021 HAY AVE 500 1,000 2,000 Feet NORTH AVE LEGEND Parcel Boundary • BA RBEE AVE DAY HE ' P[ LruN4NAPrJ AVE4YE - --f :4 ( CGmmi Pc' A"E F r:PEE v OR PAE,AlvAVE F RL•SSEL AVE nQ USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed December, 2019. SITE LOCATION MAP High Point MGP Site 100 North Centennial Street High Point, North Carolina wood. PREPARED BY: LMM DATE: 5/21/2020 CHECKED BY: DRH DATE: 5/21/2020 PROJECT NO.: 7812-20-0395 FIGURE NO.: 1 Holdings PINa7800357844 90 Feet MW--02_ Railroad MW-08-WT Right -of -Way STORAGE HOLDE'. MW-06D GAS HOLDER GAS HOLDERS f OIL TANK NCDOT Right -of -Way Highway Commission MW-05 PIN:7800450993 aye r Credit PINa7800451792 Orthoimagery wood. The map shown here has been created with all due and reasonable care and is strictly for use with Wood project number 7812-20-0395 . Wood assumes no liability, direct or indirect, whatsoever or any such third party or unintended use. Notes: 1. Coordinate System: NC State Plane (NAD 1983, feet) 2. Railroad Right -of -Way obtained from Utility Plat by Stantec dated 5/12/08 F:\AMEC_Projects\2020\7812 20-0395 High Point\MXD\FigurelProposedLocations.mxd, User: leanna.muroski; Checked by: DH Date: 3/4/2021 SITE BOUNDARY PARCELS 1-1 HISTORICAL SITE FEATURES - - - - - RAILROAD RIGHT-OF-WAY LEGEND ▪ MONITORING WELL ▪ PROPOSED TEMPORARY MONITORING WELL CLUSTER LOCATION MONITORING WELL ASSUMED TO BE DESTROYED PROPOSED DNAPL INVESTIGATION SOIL BORING • PROPOSED TEMPORARY MONITORING WELL CLUSTER LOCATIONS HIGH POINT MGP SITE 100 NORTH CENTENNIAL STREET HIGH POINT, NORTH CAROLINA PROJECT NO: 7812-20-0395 FIGURE NO: 1 DUKE ENERGY® DocuSign Envelope ID: A634D3D7-B178-4E44-B012-C727343B8ACA NS Law File No. ROE00226 ENVIRONMENTAL RIGHT OF ENTRY AGREEMENT FIFTH EXTENSION This Amendment is entered into as of April16 , 2021, between DUKE ENERGY CAROLINAS, LLC ("Licensee"), a North Carolina Limited Liability Company, and NORFOLK SOUTHERN RAILWAY COMPANY ("Company"), a Virginia corporation. WHEREAS Company and Licensee have entered into an Environmental Right of Entry Agreement, made as of June 10, 2011 and as amended by First Extension dated June 10, 2012, Second Extension dated June 10, 2013, Third Extension dated June 15, 2016 and a Fourth Extension dated June 20, 2019 (collectively, the "Agreement"), covering the entry of Licensee onto Company's Property between adjacent to a facility of Licensee at 500-510 Leonard Avenue, High Point, North Carolina for the purpose stated in the original Agreement. WHEREAS, Licensee wishes to amend the scope of work covered by the Agreement to include installation and monitoring of additional wells, subject to the terms and conditions set forth in the Agreement and as set forth in this Fifth Extension.. NOW, THEREFORE, the parties, acknowledging mutual consideration and intending to be legally bound, agree as follows: 1. The scope of work covered by the Agreement is amended to include the installation and monitoring of additional monitoring wells, as set forth in the Scope of Work in Exhibit A hereto. Figure 1 to Exhibit A depicts the approximate location of the monitoring wells. 2. Paragraph 3 of the Agreement is hereby modified to reflect that Company's Division Engineer is James Erickson at (540) 524-4274. 3. In the event of any inconsistency or ambiguity between the provisions of the Agreement and those of this Fifth Extension, the provisions of this Fifth Extension shall prevail. However, except as expressly modified by this Fifth Extension, the terms and conditions of Agreement shall continue in full force and effect. Each of the parties therefore has caused this Fifth Extension to be executed by its duly authorized representative. NORFOLK SOUTHERN RAILWAY DUKE ENERGY CAROLINAS INC. COMPANY By Kathleen smith By: nib .) AG/A, Vice President Business Development and Real Estate Title:y �/rTitle: r.‹./✓ PL Date: April 16, 2021 Date: 0/0,o?oa STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Guilford Subject: June 22, 2021 Encroachment Agreement - Duke Energy - Installation of (3) 2" ID PVC Temporary Monitoring Wells in the right of way on SR 1113 (Martin Luther King, Jr. Drive - formerly known as Kivett Dr.) east of Centennial St. (non -system road), EA210653 (E072-041-21- 00109) Mr. Tim Huie, Senior Real Estate Duke Energy 526 South Church Street Charlotte, NC 28202 Dear Mr. Huie: Attached is a Right of Way Encroachment which has been properly executed. The Department of Transportation does not guarantee the right of way on this road, nor will it be responsible for any claim for damages brought by any property owner by reason of the installation. Approval is contingent upon adhering to the attached special provisions. If you need additional information, please advise. WRA/bin/ew Attachments cc: B.L. Norris, PE, District Engineer Mailing Address: NC DEPARTMENT OF TRANSPORTATION DISTRICT II OFFICE P. O. BOX 14996 GREENSBORO, NC 27415 Sincerely, W. R. Archer III, P.E. Division Engineer Telephone: (336) 487-0100 Fax: (336) 334-3637 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 1584 YANCEYVILLE ST. GREENSBORO, NC 27405 Special Provisions 16.1A, EA210653 (E072-041-21-00109) Duke Energy SR 1113 (Martin Luther King Jr. Drive) All lanes of traffic are to be opened during the hours of 6:00 A.M. to 9:00 A.M. and from 4:00 P.M. to 6:00 P.M. Traffic will be maintained at all times. No road closure shall be allowed. No work shall be allowed during holidays. An executed copy of this Encroachment Agreement shall be present at the construction site at all times during construction. If safety or traffic conditions warrant such an action, NC DOT reserves the right to further limit, restrict or suspend operations within the right of way. Any work (equipment and or personnel) within 5' of the roadway (pavement) shall require a lane closure. This approval is for the portion inside the right of way (R/W) on SR 1113 only. Any proposed wells in the railroad R/W will need to be approved by the owner of the railroad and any wells on private property shall need permission from the property owner. NC DOT does not guarantee the right of way on this road, nor will it be responsible for any claims for damages brought about by any property owner by reason of this installation. Contact Mr. James Marley with the Greensboro District Office (336-487-0100 or jimarlevlitncdot.gov) 3 business days prior to beginning work in the right of way on this state maintained road. All suitable backfill material shall be compacted to 95% density in the shoulder areas, 100% density under pavement areas and in accordance with AASHTO T99 as modified by the North Carolina Department of Transportation. Excavation material shall not be placed on the pavement. Drainage structures shall not be blocked with excavation material. The encroaching party is required to contact the appropriate Utility Companies involved and make satisfactory arrangements to adjust the utilities in conflict with the proposed work prior to beginning construction. No cost to adjust, relocate or repair utilities shall be borne by the North Carolina Department of Transportation. Strict compliance with the "Policies and Procedures for Accommodating Utilities on Highways Rights of Way" manual shall be required. The encroaching party shall comply with all applicable federal, state and local environmental regulations, and shall obtain all necessary federal, state and local environmental permits, including but not limited to, those related to sediment control, stormwater, wetland, streams, endanger species and historical sites. The party of the second part shall provide traffic control devices, lane closures, road closures, positive protection and/or any other warning or positive protection devices necessary for the safety of motorists and workers during construction and any subsequent maintenance. This shall be performed in conformance with the latest NCDOT Roadway Standard Drawings and Standard Specifications for Roads and Special Provisions 16.1A, EA210653 (E072-041-21-00109) Duke Energy SR 1113 page 2 Structures and Amendments or Supplements thereto. When there is no guidance provided in the Roadway Standard Drawings and Specifications, comply with the Manual on Uniform Traffic Control Devices for Streets and Highways and Amendment or Supplement thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. All personnel performing an activity inside of the highway right of way (R/W) are required to be familiar with the NCDOT Maintenance/Utility Traffic Control Guidelines (MUTCG). No specific training course or test is required for qualification in the Maintenance/Utility Traffic Control Guidelines. All flagging, spotting or operating Automated Flagger Assist Devices (AFAD) inside the highway R/W requires qualified and trained Work Zone Flaggers. Training for this certification is provided by NCDOT approved training resources and by private entities that have been pre -approved to train themselves. All personnel in charge of overseeing work zone Temporary Traffic Control operations and installations inside the R/W are required to be qualified and trained Work Zone Supervisors. Training for this certification is provided by NCDOT approved training resources. For questions and/or additional information regarding this training program please refer to our web site at https://connect.ncdot.gov/projects/WZTC/Pages/Training.aspx or call J. S. (Steve) Kite, PE at (919) 622-4339 or skate@ncdot.gov or Roger Garrett at (919) 662-4383 or rmgarrettAncdot.gov, both with the NCDOT Work Zone Traffic Control Section. NCDOT (or its contractors) shall not be responsible for damage to monitoring wells due to roadway construction or maintenance activities. Ground water monitoring wells shall not be allowed in the pavement, medians, or traffic islands. Well caps shall be flush mounted with the ground surface with the frames and covers of a NCDOT approved design for HS 20 loading when installed within clear recovery area or within routine mowing boundaries. Wells proposed outside of the clear recovery area and outside of the boundaries of routine mowing shall be flush mounted but are not required to be designed for HS 20 loading. Any conversion of a monitoring well to an extraction or remediation system will require a separate encroachment agreement requiring review by NCDOT's Project Services Unit. Special Provisions 16.1A, EA210653 (E072-041-21-00109) Huffman Oil Company SR 2510 page 3 Spoils from the well installation shall be disposed of outside NCDOT right of way at an approved site. Any contaminated soils encountered in construction as spoiled from the well installation shall be removed from NCDOT right of way immediately upon discovery and properly disposed of in accordance with the governing regulations. A copy of all tests from the well(s) within the NCDOT right of way shall be made available to the NCDOT District Engineer's Office. After the monitoring well(s) has served its intended purpose, the well(s) shall be filled in a manner approved by NCDENR and NCDOT. Any flush mounted or above ground obstructions shall be removed from the right of way and the site shall be returned to a condition satisfactory to the District Engineer. Any drainage structure disturbed or damaged shall be restored to its original condition as directed by the District Engineer. Excavation within 500 feet of a signalized intersection will require notification by the party of the second part to Ms. Dawn McPherson, Division Traffic Engineer at (336) 487-0175. All traffic signal or detection cables must be located prior to excavation. Ingress and Egress shall be maintained to all businesses and dwellings affected by this project. All driveways altered during construction shall be returned to a state comparable with the condition of the driveway prior to construction. Any and all roadway signs that are removed due to construction shall be reinstalled as soon as possible. All disturbed areas shall be repaired with the following rates of seed, fertilizer, and limestone in pounds per acre, and the areas properly mulched and tacked: 25# Reliant Hard Fescue 100# Alta of Ky. 31 Tall Fescue 25# Kenblue Ky. Bluegrass 100# 5-10-10 Fertilizer 4000# Limestone ROUTE SR 1113 �2 cam, PROJECT Duke Energy Former MGP oc-t STATE OF NORTH CAROLINA COUNTY OF GUILFORD DEPARTMENT OF TRANSPORTATION -AND- DUKE ENERGY CAROLINAS, LLC 526 South Church Street Charlotte, North Carolina 28202 THIS AGREEMENT, made and entered into this the ZZ41' day of JUL(.E20 Z f , by and betweerr he-Bepart+rtertl`— of Transportation, party of the first part; and DUKE ENERGY CAROLINAS, LLC party of the second part, RIGHT OF WAY ENCROACHM FOR NON -UTILITY ENCROAC PRIMARY AND SECONDARY _AGREEMENT HWAY li NTS? ri i7 f Th1 MAR 11 2K 1 IL J WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) SR 1113 (East Marin Luther King Jr. Drive) , located Approximately 260-450 feet east of the intersection of SR 1311 (East Martin Luther King Jr. Drive, former East Kivett Drive) and North Centennial Street with the construction and/or erection of: Focused vegetation clearing and installation of 2" iD PVC temporary monitoring well clusters of three, with the following depths 10', 25', and 45' bgs. Four separate well clusters will be drilled. A sonic technique drilling rig will advance a 6" OD borehole, drill cuttings will be removed from the ROW. The borehole annular space will be filled with sand and grout. Six of the temporary wells will be become permanent, finished with a 2'x2' concrete pad and a 2' tall protective metal stick-up post. The other temporary wells will be abandoned by a licensed driller by filling with grout to surface. WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, iT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. it is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and maintenance operations. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the second part from the party of the first part. FORM R/W 16.1A (January, 1981) RAN (161A) : Party of the Second Part certifies that this agreement is true and accurate copy of the form RNV (161A) incorporating all revisions to date. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above written. 5`5"'14z .r�� ] DEPARTMENT OF TRANSPORTATION BY: i5tViSt�►i E>~tc JEEr� c Tkl Ess Aw /,4,(uf-et c?d,<__f cos 7. INSTRUCTIONS When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of the Manager of Right of Way. In the space provided in this agreement for execution, the name of the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this agreement and the names of all persons signing the agreement should be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and ramps. 2. Right of way lines and where applicable, the control of access lines. 3. Location of the proposed encroachment. 4. Length and type of encroachment. 5. Location by highway survey station number. If station number cannot be obtained, location should be shown by distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the Raleigh office.) 6. Drainage structures or bridges if affected by encroachment. 7. Typical section indicating the pavement design and width, and the slopes, widths and details for either a curb and gutter or a shoulder and ditch section, whichever is applicable. 8. Horizontal alignment indicating general curve data, where applicable. 9. Vertical alignment indicated by percent grade, P.I. station and vertical curve length, where applicable. 10. Amount of material to be removed and/or placed on NCDOT right of way, if applicable. 11. Cross -sections of all grading operations, indicating slope ratio and reference by station where applicable. 12. All pertinent drainage structures proposed. Include all hydraulic data, pipe sizes, structure details and other related information. 13. Erosion and sediment control. 14. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that such information cannot be shown on plans or drawings. 15. The Department's Division Engineer should be given notice by the applicant prior to actual starting of installation included in this agreement. 16. Method of handling traffic during construction where applicable. 17. Scale of plans, north arrow, etc.