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HomeMy WebLinkAboutWM0401360_Monitoring Well Permit Application_20220428NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM 1. 2. 3. 4. 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. Date: 3/18/22 County: Alamance FOR OFFICE USE ONLY �%'� ��� °ISSUED DATE Jz PERMIT NO.UI What type of well are you applying for? (monitoring or recovery): Applicant: USACE (Dena Thompson) Monitoring Telephone: 912-652-5087 Applicant's Mailing Address: 101 W York St, Savannah, GA 31401 Applicant's Email Address (if available): Dena. B.Thompsonausace.armv.mil 5. Contact Person (if different than Applicant): Ethan Dinwiddie - Terracon Telephone: 919-436-2965 Contact Person's Mailing Address: 2401 Brentwood Road, Suite 107, Raleigh, NC 27604 Contact Person's Email Address (if available): ethan.dinwiddie(a.terracon.com 6. Property Owner (if different than Applicant): Central Park Burlington LLC Telephone: Property Owner's Mailing Address: 7120 Creek Wood Drive, Chapel Hill, NC 27514 \ '1 '4 \-j Property Owner's Email Address (if available): C�Q 7. Property Physical Address (Including PIN Number) f `tCobb Ave. (PIN: 139443) 8. 9. 10. City Burlington Reason for Well(s): groundwater contamination County Alamance Zip Code 27217 (ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.) Type of facility or site for which the well(s) is(are) needed: Former Tarheel Army Missile Plant (ex: non -discharge facility, waste disposal site, landfill, UST, etc.) Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s). Federal Remediation Branch # NC7210020544 11. Type of contaminants being monitored or recovered: Chlorinated Solvents (ex: organics, nutrients, heavy metals, etc.) 12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes, 10+ Existing Monitoring or Recovery Well Construction Permit No(s).: Unknown 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 950 feet 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yes, give distance(s): 15. Well Contractor: Larry Opper/ Gary Ellingworth Certification No.: 3322 / 3367 Well Contractor Address: PO Box 1161 Wake Forest, NC 27588 / 501 Millstone Drive, Hillsborough, NC 27278 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. f. 9- Type of casing material and thickness Grout horizons Well head completion details Continued on Reverse PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2. Number of wells to be constructed in unconsolidated material: 3 (temporary) 3. Number of wells to be constructed in bedrock: 1 (permanent) 4. Total Number of wells to be constructed: 4 (add answers from 2 and 3) 5. How will the well(s) be secured? Temporary Wells abandoned same day: Permanent monitoring well, secured with a flush -mount metal manway, locked cap, and concrete pad 6. Estimated beginning construction date: 5/4/22 7. Estimated construction completion date: 6/3/22 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. 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 Staff Geologist Signature of Applicant or *Agent Title of Applicant or *Agent Ethan C. Dinwiddie * 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 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 6-9800 797 GW-22MR Rev. 3-1-2016 Well ID: RI-GW-01 through RI-GW-06 Project No. : 7021P145 Site Name: Former Tarheel Army Missile Plant Field Personnel: Ethan Dinwiddie/Dan Govert Date: 3/18/2022 Alamance County PINs 139443, 139764, Location: 139783, and 139787 Drilling Method: DPT Driller: Larry Opper (NC Cert No. 3322) lrerracon 2401 Brentwood Road Suite 107 Raleigh, NC 27604 919.873.2211 Temporary Grab Monitoring Well Construction Diagram Riser Pipe Land Surface Diameter 1-inch Length 15 ft Material PVC Well Screen Diameter 1-inch Length 5 ft Slot Size 0.010 Material Steel or PVC Depth Below Land Surface (feet) Bottom of Screen 20 ft Bottom of Borehole 20 ft 2 Borehole Diameter (inches) Note: Grab groundwater samples collected through DPT drilling rods using GeoProbe® SP-16 or similar tooling. Well ID: MW-139, MW-140, MW-141, MW-142 Project No.: 7021P145 Site Location: Field Personnel: Date: Alamance County PINs 139443, 139475, 139478, Location: and 139768 Drilling Method: Driller: Former Tarheel Army Missile Plant Ethan Dinwiddie/Dan Govert 3/18/2022 HSA/Air Rotary Gary Ellingworth (NC Cert No. 3367) lierracon 2401 Brentwood Road Suite 107 Raleigh, NC 27604 919.873.2211 Land Surface Riser Pipe Diameter 2-inch Material PVC Length 30 ft Well Casing Monitoring Well Construction Diagram Diameter 4-inch Material PVC Length 25 ft Sand Pack Sand Size Well Screen > No. 2 Diameter 2-inch Length 10 ft Slot Size 0.010-inch Material PVC Note: Not to scale { Bottom of Grout Depth Below Land Surface (ft) 1 ft 25 ft Bottom of Grout 25 ft Bottom of Bentonite Seal 28 ft Top of Screen 30 ft Bottom of Screen Bottom of Tail Pipe Bottom of Borehole 40 ft 40 ft 40 ft k >; 4 Borehole Diameter (inches) >; 8 Borehole Diameter (inches) NHD: Unnamed Tributary of Service Creek (Perennial Stream) 139470 Legend City of Burlington ROW (ROW agreement dated 11/14/2018) O Properties without ROEs (Needed) = Properties without ROEs (Would be helpful) 0 Properties with ROEs Proposed Soil Vapor Sample Proposed Grab Groundwater Sample • Proposed Surface Water Sample t Proposed Deep Monitoring Well *Proposed Shallow Monitoring Well •Existing Monitoring Well TAMP Site Boundary Alamance County Parcel Boundary Project No.: 7021P145 Date: March 2022 Drawn By: ECD Reviewed By: DRM t I I 0 75 150 300 Feel Declaimer The information depicted this Its Is for nfomlaaonal purposes only and nal prepared far and nod aita0e for legal orengineering purposes 11i id don presented S net 1 ey Story review and is Intended for use ony by a Prakaaonal lands eye pit I gul tory of co 139487co MW,-104 MW-110 MW-111 MW101i' n Notes: - Properties identified and labeled by Alamance County parcel ID number. See corresponding ROE table for addresses. - City of Burlington Right -Of -Way agreement should be updated based on potential offsets of proposed locations. liTerracon 2401 Brentwood Road, Sole 107 Raleigh, NC 27604 Phone-. 919 873-2211 Fax'. (919) 873-9555 1397896 1 MW-115t MW-109 MW'108 MW117 t"Vka ,ja _.. r$4,1 MW-107 MW-106 ; MW-11 ,,MW-113 139790' MW-114 MVV-2 Service Layer Credits: NC Statewide Orthoimagery, NC One Map Server, 2018; Site Boundary approximated from Alamance County GIS. Proposed and Existing Sampling Locations Tarheel Army Missile Plant N. Graham Hopedale Road Burlington, Alamance County, North Carolina EXHIBIT NO. 1 - 1 1 C it = _ = 1 I - - = 1 II ti n • t rrivik, 7.4 , .,, --V 42 - ' kr I A p I . - -..:_Jf [-.• -- =I f " , :._ .-1-. .: 4 zi - k-i -f z ... _ •- . , ..1 _ „.-„, - .- , -,- HI s 2.-_=. u I ., . .„!, -.1 _ _.IF .: z it - ,-,. .._. 1. I- ' ._,- -, t • ..n ' . , ''t 1 , A IA Z4: ,11." .. ..,-.•- . . . • . 1117,1_:' . • _ I i - - - ,i '4'.' 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L r4,-• 41. - 4.• Page 1 of 16 Book 2169 Pape 675 Alamance County, NC Recorded 11/30/2e04 11:41:03am No 9999-00143708 1 of 16 pages Muriel V Tarpley, Register of Deeds Revenue Stamps: None (Exempt) S 4-" PIN: Prepared by: Gabriel N. Steinberg, Special Counsel for Real Estate, Office of Regional Counsel (4L), General Services Administration, Region IV, Atlanta, GA, GSA Control No.: 4-D-NC-793, GSA Contract No.: GS-04-0-04-CBE-0009 Return to: Attn: Jay Jones, 2609 Tucker Street Extension, Burlington, NC 27215 QUITCLAIM DEED THIS DEED made this the 29'/4 day of NOt/emder 2004, by the UNITED STATES OF AMERICA, acting by and through the Administrator of General Services ("GSA"), under and pursuant to the powers and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended (formerly codified at 40 U.S.C. 484, now codified at 40 U.S.C. §§ 541 et seq.), and regulations and orders promulgated thereunder, Grantor, to HOPEDALE INVESTMENT, LLC, a North Carolina Limited Liability company. whose mailing address is 2609 Tucker St. Extension, Burlington, North Carolina 27215, Grantee. Book: 2169 Page: 675 Seq: 1 Page 2 of 16 Book 2169 Page 676 No 9999-00143708 2 of 16 pages WITNESSETH, that the Grantor, without representation or warranty, express or implied, except as specifically stated herein, for and in consideration of the sum of ONE MILLION FIVE HUNDRED EIGHTY FIVE THOUSAND AND NO/100 DOLLARS ($1,585,000.00) paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that parcel of land situated in Alamance County, North Carolina, commonly known as "the buildings portion" of the "Tarheel Army Missile Plant" ("TAMP, Tract No. 1"), and more particularly described in Exhibit "A", which is attached hereto, made a part thereof and consists of two (2) pages. And also including the following easement: A railroad spur track that extends 5,240 ft., more or less, running from the south right-of-way line of U.S. Highway No. 70 in a southerly direction 5,240 ft. and contains 12.00 acres, more or less, all as more particularly describe in Exhibit "B", which is attached hereto, made a part hereof, and consists of one (1) page. TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereto appertaining, and every right, title, or interest, legal or equitable, of the said Grantor may have in the banks, beds, and waters of any streams bordering the aforesaid lands and also all interest in any alleys, roads, streets, ways, strips, gores, or railroad rights -of -way abutting or adjoining said lands, and any means of ingress or egress appurtenant thereto. SUBJECT, however, to any and all existing easements and rights -of -way for public roads, highways, streets, railroads, pipelines, drainage and sewer lines and public and private utilities; rights of tenants in possession, if any; and to any state of 2 Book: 2169 Page: 675 Seq: 2 Page 3 of 16 Book 2169 Peg* 677 No 9999-00143708 3 of 18 pages facts which may be disclosed by an inspection and current, detailed survey of the premises described above, including an encroachment on the easement. The Grantee covenants for itself, its successors and assigns, and every successor in interest to the property hereby conveyed, or any part thereof, that the said Grantee has received the asbestos warning notice, which is attached hereto, made a part hereof, and consists of two (2) pages, and agrees to comply with any conditions and requirements as stated in Exhibit "C", including those conditions, requirements and regulations for asbestos containing materials listed on Table 1 of Exhibit "C." The Grantee also covenants for itself, its successors and assigns, and every successor in interest to the property hereby conveyed, or any part thereof, that the said Grantee has received information from the Grantor about lead -based paint and lead -based paint hazards, and, although the property has not been used and is not currently used for residential purposes, has been informed of its obligations under 42 U.S.C. 4852d and is aware of its responsibility to ensure compliance thereof. The Grantor has determined that Tract 1 of the Tarheel Army Missile Plant, Burlington, North Carolina ("TAMP"), is environmentally suitable for transfer to the Grantee and has informed the Grantee of the environmental condition of the property hereby conveyed ("Property"). In accordance with Section 120(h)(3) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended. and codified at 42. U.S.C. § 9620(h)(3), and pursuant to the terms of the Covenant Deferral Request for the TAMP, dated August 1, 2003, by the Deputy Assistant Secretary of the Army, Environmental Safety and Occupational Health, Office of the Assistant Secretary of the Army (Installation and Environment) and 3 Book: 2169 Page: 675 Seq: 3 Page 4 of 16 Book 2169 P'9' 678 approved September 25, S1iN'GoN/eMor iSea } a State of North Carolina, (hereinafter referred to as the "CDR"), the Grantor includes the following notices, covenants, reservations, assurances, and warranties that run with the land and inure to the benefit of the Grantor and Grantee, and their respective successors and assigns, as the case may be, all as more fully set forth in the Environmental Protection Deed Provisions, Exhibit "D," which is attached hereto, made a part hereof, and consists of four (4) pages. These provisions for Tract 1 of the TAMP shall remain in effect until soil and groundwater remediation activities are completed and include land use restrictions that limit the Property to non-residential use and prohibit excavation in certain areas without the Director approval of the North Carolina Department of Environmental Natural Resources (NCDENR) approval. Besides being attached and made a part hereof, these provisions are located in and identified as "Enclosure 3 to the Finding of Suitability for Early Transfer (FOSET) Tarheel Army Missile Plant (TAMP), Burlington, NC July 2003," signed January 1, 2004. The property hereby conveyed has heretofore been declared surplus to the needs of the UNITED STATES OF AMERICA, is presently under the jurisdiction of the General Services Administration, is available for disposal and its disposal has been heretofore authorized by the Administrator of General Services, acting pursuant to the above referred to laws, regulations and orders. TO HAVE AND TO HOLD the hereinbefore described property, together with improvements thereon, unto the said Grantee, its successors and assigns, forever. 4 Book: 2169 Page: 675 Seq: 4 Page 5 of 16 Book 2169 Pa" 679 �Og 5 of 16 Pe9�' IN WITNESS'�OA REOF, the UNITED STATES OF AMERICA has caused these presents to be executed in its name and on its behalf by its duly authorized officers and its seal affixed the day and year first above written. [SEAL] By: UNITED STATES OF AMERICA Acting by and through the nistrator of General Se .ces ,LAMES BRA DON Contracting Officer, Property Disposal Division General Services Administration Region IV, Atlanta, GA GEORGIA, FULTON COUNTY I, ,Tess P, S 4fl a Notary Public of the County and State aforesaid, certify that James Brandon personally appeared before me today and acknowledged that he is the Contracting Officer, Property Disposal Division, General Services Administration, Region IV, Atlanta, Georgia and that he executed the foregoing instrument in the foregoing capacity as an authorized act of Grantor. Witness my hand and official stamp or seal of office in Atlanta, Ge9rgia„t4is the 2 9 94-12 day of vovn ., baf` , 2004. PC. ST QJ ,o�1t 9SI0Ni..9 MAY U9—A= l F 23 a4= 2005 Q: 1'0.°y v`W (PI' �4►0189 l Here] '�rpan„ittV r1 a : n< the pnwrnmentat units jtrxtrnaVr! The foregoing Certificate(s) o� .• is/are certified to be correct. This instrument and thi certificate are duly registered at the date and time and in the Book and Page non the first page hereof. Q ' _ ' / i f Public commission expires: Public commission expires: 5 Book: 2169 Page: 675 Seq: 5 Page 6 of 16 CERTIFICATE Boob 2169 Page 680 No 9999_N143798 6 of 16 pages I, Gabriel N. Steinberg, Certifying Attorney, General Services Administration, Region 4, Atlanta, Georgia, do hereby certify that authority for conducting the business of General Services Administration (GSA) has been delegated to the Regional Administrator by the Administrator of General Services pursuant to the authority vested in said Administrator by the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended (formerly codified at 40 U.S.C. 484, now codified at 40 U.S.C. §§ 541 et seq.), and other applicable laws and regulations promulgated thereunder, and re -delegated to the Director, Property Disposal Division, GSA, Region 4, and has been further re -delegated to James Brandon, Contracting Officer, Property Disposal Division, GSA, Atlanta, Georgia Dated at Atlanta, Georgia, this Z y744 day of /U6i. Ci? k,' , 2004. 6 GABRIEL N. STEINBE Special Counsel for Real Estate General Services Administration Atlanta, Georgia Book: 2169 Page: 675 Seq: 6 Page 7 of 16 B0ok 2169 °`0e 681 No 9999-00143708 7 of 16 p19e5 Acknowledged, agreed and accepted by Hopedale Investment, LLC, by its duly authorized officials and representatives acting under authority granted by the said Board. Witnesses: HOPEDALE INVESTMENT, LLC Witnesses: [SEAL] NORTH CAROLINA, toRAt4 By: Burlington Holdings, LLC Member/Manager By: ill Britt, Manager COUNTY I, a Notary Public of the County and State aforesaid, certify that Bill Britt and Peggy Britt personally appeared before me this day and acknowledged that they are Managers of Hopedale Inv- tment, LLC and, being authorized to do so, executed the foregoing instru t o ehalf pf t c• .any. se,.. (Place Notary Seal Here) My1co- mission a sires' 4,iV6P' ;CA 71: fat V ' OOUN1�. 8 Book: 2169 Page: 675 Seq: 7 Page 8 of 16 gook 2169 Peg. 682 No 9999-09143708 8 of 18 pages Exhibit A To Quitclaim Deed from the United States of America to Hopedale Investment, LLC "Plant Tract" All that certain lot or parcel of land situated in Alamance County, North Carolina and more particularly described as follows: STARTING at a point which is located by starting at NCGS "Plymouth" (Northing: 854237.4798 feet, Easting: 1872394.282 feet), thence North 81° 6' 43" East 3,467,64 feet to NCGS 'Kirk" (Northing: 854773.1885 feet, Easting: 1875819.926 feet); thence South 81° 5' 32" East 3,213.92 feet to a disk (Northing: 854275.5349 feet, Easting: 1878995.0872 feet) the point and place of BEGINNING; thence North 2° 39' 31" West 920,56 feet to an iron pin; thence North 89° 41' 39" East 1,069.48 feet to a disk in the right of way of North Graham -Hopedale Road; thence South 3° 23' 52" West 922.47 feel to an iron pin; thence South 89° 41' 37" West 493.49 feet to a point; thence South 17° 11' 36" West 15.90 feet; thence South 89° 43' 21" West 235.95 feet to a point; thence North 17° 11' 36" East 15.77 feet to an iron pin; thence South 89° 41' 37" West 279.18 feet to the point and place of BEGINNING and being 22.04 acres according to the survey entitled "Plat for Hopedale Investment, LLC" prepared by Boswell Surveyors, Inc., dated September 24, 2004. xi1lBIT: R.. --- Pab, Book: 2169 Page: 675 Seq: 8 Page 9of16___ Book 2169 Page 683 No 4990-00143708 9 of 10 pages r DATE: 29 aAL DEbC1nwrxON 12100 ACRES DISPOSAL AREA TIMIBEL ORDNANCE PLANT t All that traot of land, 10b feet in width and 5,240 feet i Government AcqutOition Traet "", of the Tarhee]. Ordnance in thw City of $urlington,, Alcmene(' Co±nty, North Carolina the north by the south right -of -.way line of U.B. Highway N the land of the City of Bt;rl3n gton and by land of T. E. St the north right -of. -way line Of the Southern Railroad end T. Z. Steed, by :.arid of R. H. Southerland and by land of t ton, the centerline or which is more particularly describe Beginning at a paint in the teeter of In existing railroad at its interaeotion with 0?;e south right-of-way line of U. said point being approxitabtely 554 feet southeast from the of the east r:gnt-of--way ]ins of Orahaa-Hopedale Road and of -way line of U. S. No. 0;;'thence from the point of begi southerly direction along -the centerline of the existing 1 right-of-way through the land of the City of Burlington, a Steed, crossing Midway Avanue, and to the north right -of - Southern Railway slain line, the total length of the herein of land being approximately 5,240 feet and containing 12.0 or lesl. f uee 1976 length, bein(} ant, situate being bound en . 70, east by ed, south, by e t by land of e City of Burling - as follows: right-of-way • 8. No. TO, intersection he south right- ning: in e. general O foot railroad d lend of T. E. y line of the described strip acres, more ENE :PACE 1�j EXHIBIT "E" G'9F�0 39P e•; Se13i4sit9N'3 de07 ,:war S{l 9y:si %.et,GI/ak l : Book: 2169 Page: 675 Seq: 9 Page 10 of 16 Book 2169 page 684 No 9999-00143708 18 of 18 pages gXHIBIT "C" NOTICE OF THE PRESENCE OF ASBESTOS WARNING Asbestos has been determined present in the property to be sold. The Grantee is warned that the property offered for sale contains asbestos -containing materials. Unprotected or unregulated exposure to asbestos in produce manufacturing, shipyard, and building construction workplace have been associated with asbestos -related disease. Both the Occupational Safety and Health Administration (OSHA) and the Environmental protection Agency (EPA) regulate asbestos because of the potential hazards associated with exposure to airborne asbestos fibers. Both OSHA and EPA have determined that such exposure increases the risk of asbestos -related diseases, which include certain cancers and which can result in disability or death. The Grantee was invited, urged and cautioned to inspect the property to be sold prior to submitting a bid (offer). More particularly, the Grantee was invited, urged and cautioned to inspect the property as to its asbestos content and condition and any hazardous or environmental conditions relating thereto. The disposal agency will assist bidders (offerors) in obtaining any authorization(s) which may be required in order to carry out any such inspection(s). The Grantee shall be deemed to have relied solely on its own judgment in assessing the overall condition or all or any portion of the property including, without limitation, any asbestos hazards or concerns. No warranties either express or implied are given with regard to the condition of the property including, without limitation, whether the property does or does not contain asbestos or is or is not safe for a particular purpose. This failure of the Grantee to inspect, or to be fully informed as to the condition of all or any portion of the property offered, will not constitute grounds for any claim or demand for adjustment after this transfer. The description of the property set forth herein and any other information provided therein with respect to said property is based on the best information available to the Government and is believed to be correct, but an error or omission, including but not limited to the omission of any information available to the agency having custody over the property and/or any other Federal agency shall not constitute grounds or reason for nonperformance of the transfer, or any claim by the Grantee against the Government including, without limitation, any claim for allowance, reformation, or other relief at law or in equity. The Government assumes no liability for damages for personal injury, illness, disability or death, to the Grantee, or to the Grantee's successors, assigns, employees, invitees, or any other person subject to Grantee's control or direction, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the property which is the subject of this sale, whether the Grantee, its successors or assigns have or have properly warned or failed properly to warn the individual(s) injured. The Grantee further agrees that in its use and occupancy of the property it will comply with all Federal and local laws relating to asbestos. EXHIBIT "C" Page 1 of 2 Book: 2169 Page: 675 Seq: 10 Page 11 of 16 eo k 2169 P°°' 685 No 9999-00143708 It of .18 pages SUMMARY ESTIMATES FOR ASBESTOS CONTAINING MATERIALS Type Material Estimated Total Quality Pipe Linear Feet 20,200 lin.R. tt of Pipe Fittings 1.675 Trowelled Surfacing 36,697 square feet Floor Title & Mastic 295,915 square feet Roll Floor Covering (ASB. Back) , 46,768 square feet 15,000 square feet Roll lnsul. (ASB. Paper Backing) , Friable ACM Ceiling Titles 1,500 square feet Roof Shingles =16,800 square feet NonSkid Painted Surfaces { 165 square feet Caulking (Windows Etc.) I 5,650 lin. feet Roof Felts/Flashing 4,300 lin. feet HVAC "Flex Joint" 425 lin. feet Transite Pipe I 2801in, feet Asbestos Gaskets/Wiring [ 55 lin. Feet Textured Exterior Silver Paint i +110,750 square feet FXPJB!T `� Table I. Book: 2169 Page: 675 Seq: 11 Page 12 of 16 °°k 2169 Page 686 No 9999-00143708 12 of 16 pages ENCLOSURE 3 ENVIRONMENTAL PROTECTION DEED PROVISIONS 1. CERCLA Provisions Introduction A. Notice Pursuant to Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA) (42 U.S.C. §9620(h)(3)(A)(i), and North Carolina General Statutes (N.C.G.S.) 130A-3 1 0.3(f), and based upon a complete search of Army files, the Grantor hereby imposes the land use restrictions set forth below and provides notice of: (1) the type and quantity of hazardous substances that were known to have been released or disposed of or stored for one year or more on the property: (2) the time such storage, release or disposal took place; and, (3) a description of remedial action taken, if any. The property is an inactive hazardous substance or waste disposal site as defined by North Carolina's Inactive Hazardous Sites Response Act, which consists of Section 130A-310 through Section 130A-310.19 of the North Carolina General Statutes (N.C.G.S.). This Declaration is part of a Remedial Action Plan for the property that has been approved by the Secretary of the North Carolina. Department of Environment and Natural Resources (or its successor in function), or his/her delegate, as authorized by N.C.G.S. Section 130A-310.3(f). B. Covenant Pursuant to Section 120(h)(3)(A)(ii)(II) of CERCLA, Grantor covenants that it shall take any additional response action found to be necessary after the date of this conveyance regarding hazardous substances located on the property on the date of this conveyance. () This covenant shall not apply with respect to any portion of the Property as to which Grantee, its successor(s) or assign(s), or any successor in interest is a Potentially Responsible Party (PRP) immediately prior to the date of this conveyance. (2) In the event Grantee, its successor(s) or assign(s), seeks to have Grantor conduct or pay for any additional response action, and, as a condition precedent to Grantor incurring any additional cleanup obligation or related expenses, the Grantee, its successor(s) or assign(s), shall provide Grantor written notice of such a claim and provide credible evidence that the associated contamination existed prior to the date of this conveyance. Grantor shall have 43 days within which to respond to the notice of such claim. C. Access Pursuant to Section 120(h)(3)(A)(ii)(III) of CERCLA. Grantor reserves a right of access for itself and Lucent Technologies, Inc. (Lucent) to all portions of the property for environmental investigation. remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable cost to Grantor. These rights shall be exercisable in any case in which an environmental investigation, remedial action, response action _1 Book: 2169 Page: 675 Seq: 12 Page 13 of 16 Book 2169Pa"687 9899-88r43788 13 t 18 p t or corrective action is founho be necessary after me date oriftts conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, Grantor and Lucent and their respective officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable notice to the record title owner) to enter upon the property and conduct investigations and surveys, to include drilling, test -pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with the record title owner and shall be performed in a manner which minimizes interruption with activities of authorized occupants. Grantor will provide the record title owner reasonable advance notice of such activities, responses, or remedial actions. D. Non -Interference Grantee covenants and agrees for itself, its successors and assigns and every successor in interest to the Property, or part thereof, that it or any party occupying the Property shall not disrupt or prevent the Army or Lucent, or their officers, employees, agents, contractors and subcontractors, or any other authorized party or entity from conducting required remedial investigations, response actions or oversight activities or from the proper and necessary construction, upgrading, operating, maintaining and monitoring of any treatment facilities or environmental monitoring network on the Property. E. CERCLA Warranty The Grantor warrants that when all response actions to protect human health and the environment with, respect to any substance remaining on the property on the date of transfer has been taken, the Grantor shall execute and deliver to the Grantee an appropriate document containing a warranty that all such response actions have been taken. The making of the warranty shall be considered to satisfy the requirements of CERCLA 120(h)(3)(a)(ii)(I). 2. Land Use Restrictions A. Non -Residential Use Restriction Grantee, for itself and its successors and assigns, covenants and agrees, pursuant to N.C.G.S. 130A-310.3(f), that, without the approval of the North Carolina Department of Environment and Natural Resources (NCDENR) or its successor in function, the use of the property shall be limited to commercial and industrial purposes and not residential purposes, the Property having been remediated only for commercial and industrial uses. Commercial and industrial uses include, but may not be limited to, administrative/office space, manufacturing, warehousing, restaurants, hotels/motels, and retail activities. Residential uses include, but may not be limited to. housing, day care facilities, schools. and other child -related uses. In connection with these land use restrictions, NCDENR may be contacted as follows: Nile Testerman Superfund Section 17 Book: 2169 Page: 675 Seq: 13 Page 14 of 16 401 Oberlin Road, Suite 150 Raleigh, NC 27605 B. Ground Disturbance Restriction gook 2169 pa9a 688 No 9999-001437138 14 of 16 pages Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its successor(s) or assign(s), shall not conduct any excavation, digging, drilling or other disturbance of the subsurface of the Property without the written approval of NCDENR, unless: (i) the disturbance occurs outside of a ten (10) foot radius surrounding the former Underground Storage Tank and Waste Accumulation Pad areas, as indicated on the plat and (ii) the total depth of the disturbance is at least five feet above the permanent high water table. A map illustrating these areas is provided on the survey plat map (Attachments ). C. Groundwater Use Restriction Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its successors or assign(s), shall not construct or permit to be constructed any well, and shall not extract, utilize, consume or permit to be extracted, any water from any aquifer below the surfaces of the ground for the purpose of human consumption, or other use, unless such has been expressly approved, in writing, by the NCDENR. D. Remediation Equipment Disturbance Restriction Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its successors or assign(s), shall not disturb environmental remediation equipment without the written approval of the NCDENR. E. Modification of Use Restrictions (1) In the event Grantee, its successors or assigns, desires to use the property for any use other than non-residential use or remove the ground disturbance or groundwater use restrictions, then Grantee, its successors or assigns, shall perform all additional environmental remediation required by law and NCDENR for such other uses. (2) Any such additional remediation beyond non-residential use, or requests to remove the ground disturbance or groundwater use restrictions, by Grantee, its successors or assigns shall also be subject to the review and advance approval of the applicable federal or state authorities. Alt costs associated with any such additional environmental remediation necessary shall be the sole responsibility of Grantee, its successors or assigns. (3) Upon written request by Grantee. its successors or assigns, and without any payment of funds by Grantor. Grantor agrees. upon completion of any additional remedial action 18 EEIF D 47777777 Book: 2169 Page: 675 Seq: 14 Page 15 of 16 °k 2169 Pegf 689 No 9999-00143708 15 of 16 pages performed by Grantee, its successors or assigns, under this paragraph, to cooperate with Grantee. its successors or assigns, in any application, permit, order, or effort to obtain approval from appropriate regulators for other than non-residential use or to remove ground disturbance or uroundwater use restrictions and the removal or revision of the restriction. 19 EXIIIIIITy(. rwer�r� PA-S-t `P 0-Y cif Book: 2169 Page: 675 Seq: 15 Page 16 of 16 Co 2169Pig° 690 _ _+_,� _ a of m� . kk2 c ] \ \ / k ; 0) . ; ��si &}. DISPOSAL SENIOR ACOUISITION : Book: 2169 Page: 675 Seq: 16 Gonsiewski, James J From: Malone, Don R <Don.Malone@terracon.com> Sent: Thursday, April 28, 2022 10:21 AM To: Gonsiewski, James J Cc: Thompson, Dena B CIV USARMY CESAS (USA); Dinwiddie, Ethan C; Sirianni, Matt; Kelly, Samantha D CIV USARMY CESAS (USA); Danielle Hughes; Jeff Ballsieper Subject: [External] RE: TAMP -Mob 1 Contact Info for On -Site [TAMP] Property and David Tsui's other Property at 198 Cobb Avenue. Attachments: GSA QuitClaim to Hopedale.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi James, The email below summarizes information to/from the property owner (David Tsui) and his Property Coordinator (Jeff Ballsieper) regarding assess to both the On -Site (TAMP) Property and Mr. Tsui's other property at 198 Cobb Avenue. All parties are treating access to the 198 Cobb Avenue similarly to accessing the TAMP property, which is governed by right of access provisions in Enclosure 3 - Environmental Protection Deed Provisions in the GSA QuitClaim Deed (attached). Granted this arrangement is not as formal as other right of entry agreements, but per our discussions, shows the property owner's recognition, intent, and approval to access the Cobb Ave property. We prefer to not set up a new right of entry agreement for this temporary access to the 198 Cobb Avenue, if possible. Please let us know ASAP if this is not workable. Thanks. Donald R. Malone, PE (NC, SC, VA, TX) Sr. Engineering Consultant I Environmental Service Line IFerracon 2401 Brentwood Road, Suite 107 I Raleigh, North Carolina 27604 D (919) 436-2968 I F (919) 873-9555 I M (919) 523-9358 don. malone@terracon.com I Terracon.com Learn more about how we can help by visiting our video channel Please consider the environment before printing this email ;' eSTAGE 1 Confidentiality Notice: The information and all attachments contained in this electronic communication are privileged and confidential information, and intended only for the use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately of the error by return e-mail and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you. From: Jeff Ballsieper <jballsieper@progressenv.com> Sent: Wednesday, April 27, 2022 7:16 PM To: Malone, Don R <Don.Malone@terracon.com> Cc: Jeff Ballsieper <jballsieper@progressenv.com>; Thompson, Dena B CIV USARMY CESAS (USA) <Dena.B.Thompson@usace.army.mil>; Derek Rhodes <derek@northwindeng.com>; Dinwiddie, Ethan C 1 <Ethan.Dinwiddie@terracon.com>; Sirianni, Matt <Matt.Sirianni@terracon.com>; Haverland, Zsolt E CIV USARMY CESAS (USA)<Zsolt.E.Haverland@usace.army.mil>; Kelly, Samantha D CIV USARMY CESAS (USA) <Samantha.D.Kelly@usace.army.mil>; Danielle Hughes <dhughes@northwindeng.com>; Davld;Tsot <avakonmed@grima l com? Subject: Re: TAMP -Mob 1 Contact Info Thanks for the email Don. As for water for deconing the site is not provided water at this point. I have attached your Figure 3 with a building highlighted that I would recommend using for IDW drum storage. The doors should be functional to at least secure the waste pending lab results. I arrt checking on look codes for both the TAMP site S WBII as fhb off. slte'buildOig qn Cobb Aver uer I am attaching two figures I found regarding structure footprints and some underground utilities. The third will be sent within another email. Let me know if you have any questions. On Wed, Apr 27, 2022 at 4:07 PM Malone, Don R <Don.Malone@terracon.com> wrote: Hi Jeff, it was good talking to you today. As we discussed, and as a follow-up to your prior conversations with Ethan Dinwiddie, we will be doing some additional investigation work on the TAMP property next week, and on the David Tsui's other property to the west (198 Cobb Avenue). The following is a summary of our work, as currently planned. • Friday (4/29), Matt Sirianni (Terracon Geophysicist) will be on the TAMP site and 198 Cobb Avenue to clear utilities prior to our proposed drilling activities next week. • Monday through Wednesday (5/2-5/4), Ethan Dinwiddie and others with Terracon and Northwind Engineering will be on the TAMP property collecting soil and groundwater samples near the former Waste Accumulation pad, and the surrounding "industrial area" including known and/or suspected source areas. • Thursday and Friday (5/5-5/6), Ethan Dinwiddie and others with Terracon will be installing temporary wells at several locations, including about three temp wells on the 198 Cobb Avenue. • Thursday (5/5), Visitors from the Army Corps, and others may be on site to check the status of the work. Tentative locations are shown in the attached, but are subject to change based on (1) the results of the Matt Sirrianni's geophysics investigation, and (2) Ethan's field decisions based on the results of successive sample locations. Ask we discussed, can you please look into the following: 2 • Confirm the Gate Code,... if it changed from the number you already provided to Ethan and I. • Provide utility maps of the area. As we discussed, we believe you already provided them to Ethan,... so just double checking that we have everything. • Work with Ethan next week to identify an area for waste storage of a few drums of IDW. • Provide input for where we can obtain water for deconning the rig. Please let us know if you can think of anything wells or if you have any questions. Thanks in advance for your time and for your support! Donald R. Malone, PE (INC, SC, VA, TX) Sr. Engineering Consultant I Environmental Service Line Irerracon 2401 Brentwood Road, Suite 107 I Raleigh, North Carolina 27604 D (919) 436-2968 I F (919) 873-9555 I M (919) 523-9358 don.malone@terracon.com I Terracon.com Learn more about how we can help by visiting our video channel ;. Please consider the environment before printing this email "P CS TAGE 1 Confidentiality Notice: The information and all attachments contained in this electronic communication are privileged and confidential information, and intended only for the use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately of the error by return e-mail and please permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you. 3 Jeff Ballsieper, L.G. Progress Environmental Group, Inc. PO Box 5884 Winston-Salem, North Carolina 27113 www.progressenvironmental.com p. 336.722.9999 f. 336.722.9998 m. 336.782.9725 Terracon provides environmental, facilities, geotechnical, and materials consulting engineering services delivered with responsiveness, resourcefulness, and reliability. Private and confidential as detailed here (www.terracon.com/disclaimer). If you cannot access the hyperlink, please e-mail sender. 4