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HomeMy WebLinkAboutWM0401454_Monitoring Well Permit Application_20230601NORTH 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: 5/23/23 2. County: FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): monitoring 4. Applicant: BEEJU LLC attn: Minaben Patel Telephone: 434-466-4884 Applicant's Mailing Address: 1122 E Morehead St Burlington NC 27215 Applicant's Email Address (if available): minapatel1972(c gmail.com 5. Contact Person (if different than Applicant): Ryan Kerins Telephone: 919-563-9091 6. 7. 8. 9. 10. 11. 12, 13. 14. Contact Person's Mailing Address: 100 E Ruffin St Mebane NC 27302 Contact Person's Email Address (if available): rdkerins(a_terraguestpc.com Property Owner (if different than Applicant): SWC REVOCABLE TRUST 101 Attn Elmo Cobb Telephone: 336-212-2252 Property Owner's Mailing Address: 1155 MAPLE AVE Burlington NC 27215 Property Owner's Email Address (if available): Property Physical Address (Including PIN Number) 1155 MAPLE AVE PIN: 132989 City Burlington County Alamance Zip Code27215 Reason for Well(s): assessment (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: (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). Type of contaminants being monitored or recovered: (ex: organics, nutrients, heavy metals, etc.) Are there any existing wells associated with the proposed well(s)? If yes, how many? Existing Monitoring or Recovery Well Construction Permit No(s).: Distance from proposed well(s) to nearest known waste or pollution source (in feet): 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: Terraquest Environmental Consultants, P.c. Certification No.: 300 Well Contractor Address: 100 E Ruffin St Mebane NC 27302 PROPOSED WELL CONSTRUCTION INFORMATION 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 cap and material: 2 manhole 3. Number of wells to be constructed in bedrock: 0 6. Estimated beginning construction date: June 2023 4. Total Number of wells to be constructed: 2 (add answers from 2 and 3) 7. Estimated construction completion date: June 2023 ADDITIONAL INFORMATION 1. 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 assumes total responsibility for ensuring that the well(s) will be located, constructed, maintained, and abandoned in accordance with 15A NCAC 02C. Agent, see attached Project Manager Signature of Applicant or *Agent Title of Applicant or *Agent Ryan D. Kerins * 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 well(s) as outlined in this Well Construction Permit application and acknowledges that it shall be the responsibility of the Applicant to ensure that the well(s) will be located, constructed, maintained, and abandoned in accordance with 15A NCAC 02C. See attached agreement SWC REVOCABLE TRUST 101 Attn Elmo Cobb 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 Raleigh Regional Office Wilmington Regional Office 2090 U.S. Highway 70 3800 Barrett Drive 127 Cardinal Drive Extension Swannanoa, NC 28778 Raleigh, NC 27609 Wilmington, NC 28405 Phone: (828) 296-4500 Phone: (919) 791-4200 Phone: (910) 796-7215 Fax: (828) 299-7043 Fax: (919) 571-4718 Fax: (910) 350-2004 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 Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Fax: (252) 975-3716 Winston-Salem Regional Office 450 W. Hanes Mill Road Suite 300 Winston-Salem, NC 27105 Phone: (336) 776-9800 Fax: (336) 776-9797 GW-22M/R (Rev. 5-26-2022) AGREEMENT FOR SERVICES This Agreement is made and entered into this 9th day of November, 2021, by and between Terraquest Environmental Consultants, P.C. (hereinafter called "Terraquest"), and Minaben Patel (hereinafter called "CLIENT"), to provide for Terraquest to perform the services described herein, in accordance with the terms and conditions set forth below and in the attached Schedules A and B, which are incorporated and made a part hereof by reference, and payment to Terraquest by CLIENT. RECITALS CLIENT hereby engages Terraquest to conduct environmental investigations ("Services") for "Rick's Food Mart" located at 1122 F. Morehead St. Burlington, NC 27360 (the "Property"), In consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the CLIENT and Terraquest agree as follows: 1. Property Conditions: Upon execution of this Agreement, and as required throughout the project, CLIENT shall provide Terraquest with all site information and any other such data in the possession of CLIENT as applicable and necessary for Terraquest to provide Services for the Property. Additionally, CLIENT represents that the Property is either owned or leased by CLIENT or CLIENT has a written permit or authorization of the Property Owner to allow Terraquest to entry upon and about the Property to perform its Services for the benefit of Client. 2. Environmental Documents: CLIENT hereby authorizes Terraquest to sign environmental documents, including but not limited to any regulatory or government documents, on CLIENT's behalf, as CLIENT's agent for the purposes of this project and Services. 3. Price and Payment: A. The price for the Services defined in this Agreement have been determined by Terraquest and quoted to CLIENT in a "Basis of Charges" attached Schedule A. Terraquest's "Standard Rate Sheet" is attached as Schedule B and incorporated and a part hereof by reference as the basis for any additional adjustments to the initial Price of Services for the Project. The Parties acknowledge that the attached cost estimate for the Services may fluctuate depending on the Property conditions and time constraints. In the event that additional charges will be milled to CLIENT, all such charges shall be based on the units and rates contained in attached Schedules. B. It is mutually agreed by CLIENT and Terraquest that CLIENT shall timely make all payments for Services performed by Terraquest at the Property under this Agreement. Payment of all invoices rendered pursuant to this Agreement shall be due and payable upon invoice submission date from Terraquest. Any unpaid invoice balances 30 days past the invoice date shall accrue interest at the rate of 1.5% per month (18% per annum) until paid in full. Any payments received after the specified due date are subject to an additional late fee of $35 as an administrative fee which shall be due and payable on the 3111 day after the specified original invoice due date. Terraquest reserves the right to withhold the disclosure or release of its determined data or any summary report or opinion until full payment has been made by CLIENT. Terraquest does not accept payment from real estate closings. C. For CLIENTS seeking reimbursement with the NC Leaking Underground Storage Tank Trust Fund it is further understood and agreed to by both parties that each party will make every reasonable effort to enable CLIENT to obtain funds from the NC Trust Fund, but that Terraquest makes no guarantee that such funds will be available to CLIENT for any of the costs associated with this Agreement. 4. GENERALTERMS & CONDITIONS A. Terraquest is an independent consultant and agrees to provide to CLIENT, for its sole benefit and exclusive use, the consulting services set forth In this Agreement. This Agreement shall not be assigned by CLIENT withoutthe prior written consent of Terraquest. All reports, information, analysis, and data submitted by Terraquest to CLIENT shall remain confidential and shall not be disclosed to third parties without the prior written consent of Terraquest; notwithstanding anything contrary herein, Terraquest reserves the right to report or disclose to any governmental or regulatory authorities its findings if required by applicable regulation, code, law or court order. B. Either party may terminate this Agreement without cause upon three (3) days' written notice to the other party. In the event that CLIENT requests termination prior to completion of Services by Terraquest, CLIENT agrees to timely pay Terraquest for all incurred costs and services that Terraquest has rendered prior to such notice upon invoice delivery by Terraquest. C. Terraquest will perform its Services using the degree of skill and care that is ordinarily exercised under similar conditions by comparably situated environmental consulting professionals. NO OTHER WARRANTY, EXPRESS OR IMPLIED, 15 MADE OR INTENDED TO BE MARE BY THIS AGREEMENT, EITHER BY ORAL OR WRITTEN STATEMENTS. CLIENT agrees that Terraquest's liability to CLIENT or to any third party due to any negligent professional acts or omissions shall not exceed and be limited to the amount of Terraquest's professional fees for the Services contemplated under this Agreement. D. The Parties agree to perform all acts as reasonable and necessary for Terraquest to provide the Services on the Property and for CLIENT to make timely payment to Terraquest pursuant to this Agreement. E. ARBITRATION; WAIVER OF JURY TRIAL. The Parties agree that any dispute or controversy regarding the subject matter of this Agreement which cannot be amicably resolved between the Parties shall be submitted to binding arbitration, pursuant to the NCRUAA (G.S. § 1-569.1 et seq.), upon the written notice of either party delivered to the other of such party's intention to arbitrate and shall otherwise conform to the requirements set forth below, The alternative dispute resolution procedures which shall apply under this Agreement are as follows: If the parties cannot informally settle the dispute within ten (10) days after receipt of the written notice of a dispute, then said dispute shall be settled by binding arbitration, conducted on a confidential basis, pursuant to the NCRUAA (G.S. § 1-569.1 et seq.). All arbitration proceedings shall be held in Alamance County, North Carolina. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, and the arbitrator may include provisional Page 1 of 2 MERM_que 0 remedies in their award. The arbitrator shall determine all questions of fad and law relating to any controversy, claim ordispute hereunder, including but not limited to whether or not any such controversy, claim or dispute is subject to the arbitration provisions contained herein. Any party desiring arbitration shall serve notice of intent to arbitrate on the other party, in accordance with the NCRUAA (G.S. § 1-569.3). The arbitrator shall be agreed upon by both parties; if the parties fail to agree on an arbitrator, then the arbitrator shall be appointed pursuant to G.S. § 1-569.11. The parties shall bear their own attorney fees, costs and expenses associated with the arbitration. The arbitrator's fees shall be split evenly between the parties. The arbitrator shall make a determination within three (3) months after the dispute is submitted for arbitration. Notwithstanding the existence of a tlispute and until the arbitrator render a decision, each party shall be obligated tofulfill its obligations and continue its performance in accordance with the terms hereof. Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute within that court's jurisdiction. Further, this Arbitration provision shall apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys' fees and costs) that exceeds the jurisdictional limit of the Small Claims Court. G. CLIENT shall indemnify Terraquest and hold it harmless from and against any loss, damage, claim or injury which Terraquest or its subcontractor shall suffer or incur as a result of any breach of this Agreement by CLIENT or as a result of any Incomplete or Incorrect information or data CLIENT provides to Terraquest including boundary surveys of the property provided by CLIENT. CLIENT shall be responsible for and shall pay to Terraquest, its directors, officers, or employees for all actual, general, and special consequential damages, Including attorneys' fees, costs of suits, costs of arbitration, costs of appeal, which may be awarded in any arbitration or litigation instituted by or against CLIENT to recover any of the foregoing items indemnified or to obtain injunctive relief from CLIENT'S failure to perform as specked in this Agreement. In addition to the foregoing and not in limitation thereof, CLIENT shall indemnify and hold harmless Terraquest from any and all claims, liabilities, losses, damages and expenses, incurred or arising from the performance of or resulting from acts of Terraquest performed in the course and within the scope of its engagement herewith provided such are done in good faith; this indemnification and release shall specifically include (but not be limited to) any acts of Terraquest that result in damage to public or private utilities on the Property. This indemnification shall survive the termination of employment and engagement of Terraquest. I. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail or overnight delivery to the respective address of each Party as set forth below. 1. The invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other provision. K. Terraquest may from time to time on behalf of CLIENT arrange for the services of subcontractors and others. All costs to Terraquest for those services of subcontractors associated with providing services of this Agreement and/or contemplated for the Project shall be paid by CLIENT upon rendering of invoice. L. This Agreement shall be governed in all respects by the laws of the State of North Carolina. All litigation, arbitration, or legal proceedings associated with this Agreement shall be conducted in a forum within Alamance County, State of North Carolina, unless otherwise agreed in writing bythe Parties. M. This Agreement and attached Schedules A and B (the "Attachments") constitutes the entire agreement between the Parties and cannot be changed or modified except by a written instrument signed by both Parties. N. Neutral Interpretation and Counterparts. The Parties shall be deemed to have cooperated in the drafting and preparation of this Agreement. Hence, any construction to be made of this Agreement shall not be construed against any Party. This Agreement may be executed in counterparts and each executed counterpart shall be effective as the original. All faxed, entailed, or electronic signatures affirming this Agreement constitute an original signature. IN WRNEM WHEREOF, the Parties have caused this Agreement with the Incorporated Attachments to be executed in duplicate originals by their duly authorized representatives on the date first set forth above. CLIENT: NIRMALPATEL By, .3 Minaben Patel Address for Notices: Page 2 of 2 TERRAOUEST ENVIRONMENTAL CONSULTANTS, P.C. BY:/�VYARR� Authorized Representative Address for Notices: Terraquest Environmental Consultants, P.C. 100 East Ruffin St Mebane, NC 27302 Z/ ' • ACCESS AGREEMENT FORM Access is hereby granted to BEEJU, LLC, Terraquest Environmental Consultants, P.C., and their agents and assigns for the purpose of installing, sampling, and maintaining groundwater monitoring wells on the property located in Burlington, NC with the Alamance County Parcel Identification Number 132989. The proposed well locations are shown on the enclosed figure. Note that the monitoring well locations may be adjusted at the time of drilling, should unanticipated utilities, trees, shrubs, structures, or other obstructions be encountered at the location shown of the enclosed figure. Typical groundwater monitoring well details are enclosed for reference. The wells will be constructed in accordance with regulations under Title 15A NCAC 2C. BEEJU, LLC will be responsible for all costs associated with the NCDWM-UST-directed installation, maintenance, and subsequent abandonment of the wells, and assessment and remediation of the contaminant plume associated with the petroleum release that has the NCDWM-UST Incident No. 47816. Once the NC Division of Waste Management's Underground Storage Tank Section has issued a Notice of No Further Action, the well will be abandoned by filling with cement or bentonite in accordance with the rules contained within Title 15A NCAC 2C. o SWC Revocabl Trust 101— Authorized Representative TERRAQUEST ENVIRONMENTAL CONSULTANTS, P.C. Ryan D. Kerins, Project Manager .�-/v2 -3 ,bate Date ¢ w g r 4 PLAID ST VAUGHN Rp a o HILTON RD FRONT ST �G� sue. N MAIN ST ChURCH ST x a m a sd y� a WASWNGTON ST u z BOWMAN AVE 70 - w RAINEY 57 W, 70 i7 w GRACE AYE `^ r ri l 2 rr O F a 2 � HARR75 5T � 0 f7 C � I J� µxaaNE ST v ,¢` DKLA HOMA AVE odd s o Nk5 tt STONEWALLS Sn ELWOOD'ST y w MONT WAY w _ Opp 100 CLOYERDALE ST S �F 3 rn w 3 m m vo KIN ST - Q HAM m vd �* ( �;(L � Pine N1ll•Gem aE5 U J� 9L K'F1q NgA,r � Ld - KRD 2 alp. DFRFORD St 650� _ CLfVFLANDYAV!_ _ PROVIDENCE RD AIDE _ ,I STpE(FSSi + h CLIMAX 5T Lu CATI=SAVE 2 0 `" WWHITSETT-ST QU)NTAs AVE ' a B77 BORDER ST scorrsr '' COLLEGE �� ST7iARDEN ST � f POPLAR a EL wMA ALBArrY s I - 72r `V 100 m t�� WE Q�41 AN ST - -. - 49 ,� Ph o w PINE sr I ST, ARDEN 1J 54 - �-BANKS 5 WARD 57.- I' a .l PLANTATION DR _- v - -- - - -. - IDDw�RODK'DR \ W GfLSREATH ST - - - - - _ IAEA 8lONEY DR l h ST �9!•�-aR0 - ArE-RO.138g - - - - . - OF�y� (/ rNDUSTRYDR- ._ ,�q MAP SOURCE: USGS 7.5 MINUTE TOPOGRAPHIC MAP OF BURLINGTON, NC GRAPHIC SCALE 0' 2,000' 4,000' SITE LOCATION MAP RIFOOD MART U431 1122 E. E. MOREHEAD ST. BURLINGTON, ALAMANCE COUNTY, NO -� BEEJU LLC BURLINGTON NC PROJECT NO. 04221 DRAWN BY: JRG DATE: 2/15/23 ENVIRONMENTAL CONSULTANTS, P.C. SCALE: 1" = 2,000' CHECKED BY: MJB FIGURE NO. 1 1122 E. MOREHEAD ST. MW6 _ \ MW5 ! l s -ter v. MW4 ■a, MW1 MW10 r I - I , 1 '1 7 0 z LEGEND Z O N Z TYPE II MONITORING WELL + in m O TYPE II MONITORING WELL - #37607 z z O < U- TELESCOPING TYPE III MONITORING WELL U z ,- gin O J Z J �U) D L>LJ < inCU W lap LLJ �= U Q Oof Q (w O m g m O Nw a o m - PROPOSED TYPE II MONITORING WELL O UcNv o w z z c� in J O m O O c LL. O J O J � � 7 J W Of U m v� s 1• 1 ■ UU 1 I Z H J D U) Z O U J Q Z 12 z GRAPHIC SCALE z • • :0 FIGURE 4 - TYPICAL TYPE II MONITORING WELL DETAIL 8" MANHOLE COVER rel LOCKING CAP GENERAL INFORMATION / CEMENT GROUT Groundwater monitoring wells are simple 2" diameter wells used to monitor groundwater quality. They are constructed using Schedule 40 PVC piping and screen as shown in the diagram to the left. Upon completion, an 8" round 8' / manhole cover is installed over the well for protection. In the event that the well is 9' BENTONITE SEAL installed in an area where there exists the possibility that it could be damaged such as an 10' - TOP OF SCREEN agricultural field, an aboveground or stickup _ manhole will be used. After the manhole is set, — a small concrete pad is poured around the —_ manhole. Both the manhole and pad are flush — with the ground surface, except as noted, and — will not interfere with driving, mowing, foot —_ traffic, etc. Type II monitoring wells are used — for sampling groundwater from shallow, — unconfined aquifers. They are used to determine the horizontal extent of contamination. — Well Driller: —_ Terraquest Environmental Consultants, P.C. - - Jonathan R. Grubbs #3001 - GRAVEL PACK 30' - BOTTOM OF SCREEN BOTTOM OF BORING 6„ TEP4MIUest ENVIRONMENTAL CONSULTANTS, P.C.