NCD980602163_20010703_Warren County PCB Landfill_SERB C_Detox Encroachment Agreements-OCR

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
COUNTY: Warren
DIVISION OF HIGHWAYS
Division Five
P. 0. Box 205
Henderson, North Carolina 27536
Telephone [phone]
Fax [phone]
7/3/01
NC Dept. of Enviroment & Natural Resources
401 0 berlin Road
Raleigh, NC 27605
Gentlemen:
L YNDO TIPPETT
SECRETARY
Subject: Encroachment Contract -NC Dept. of Enviroment & Natural Resources
water main tap
SR 1604
ENC#: E53-41-01-062
Attached for your files is a copy of Right of Way Encroachment Contract which has been
properly executed. This contract covers the following: water main tap
This encroachment is approved subject to the applicable Special Provisions which are
attached to and made a part of the Encroachment Contract.
Please refer to Encroachment Contract E53-41-01-062 in all future correspondance with
this office about this project.
Sincerely,
cc: John B. Williamson, Jr.
Scott Capps, P .E.
County Maintenance Engineer
E53-4 l-O 1-062
Encroachment Special Provisions
1 Lane closures shall be restricted to between 8:30 am and 4:30 pm. NCDOT
reserves the right to further limit, restrict, or suspend operations within the right
of way if, in the opinion ofNCDOT, safety or traffic conditions warrant such
action.
2 It shall be the responsibility of the Encroacher to determine the location of
utilities within the encroachment area. The encroacher shall be responsible for
notifying other utility owners and providing protection and safeguards to prevent
damage or interruption to existing facilities and maintain accessibility to existing
utilities.
3 Utility is to have a minimum cover of 36 inches in non-directional bore
applications.
4 The utility trench backfill material is to be placed at a maximum 6" loose layer
and each layer thoroughly compacted.
5 All utility installations shall be made in accordance with the Division of
Highways Policies and Procedures for Accommodating Utilities on Highway
Rights of Way.
6 Pavement will be repaired with material approved by the Division of Highways
and to a strength equivalent to the existing pavement.
7 Only one-half of roadway is to be cut at one time in order to maintain traffic.
8 Excavated areas adjacent to pavement having more than a 2" drop shall be safed
up at a 6: 1 or flatter slope and designated by appropriate delineation during
periods of inactivity, including, but not limited to, night and weekend hours.
9 Excavated material shall not be placed on the roadway at anytime.
10 It is the responsibility of the owner/agent to secure any constmction easements
(temporary or permanent) from property owners affected by the construction
limits.
11 A $1000.00 Performance and Indemnity Bond shall be executed and posted with
the Division of Highways. The Division of Highways reserves the right to retain
this bond until one calendar year after the satisfactory completion of work. A
copy of this bond will be present at the construction site at all times during
construction. The Division of Highways reserves the right to stop all work
unless evidence of approval can be shown.
E53-41-01-062 Page 2 of5
12 Proper temporary and permanent measures shall be used to control erosion and
sedimentation in accordance with all local, State and Federal regulations.
13 Pavement cuts shall be repaired with bituminous material the same day a cut is
made. If the open cut is required for more than one day, the encroacher shall
place a temporary bituminous patch at the close of each day's operation, and
place the permanent repair immediately upon completion of the open cut
operations. Concrete or aggregate repairs are prohibited for cuts in bituminous
pavement surfaces. Pavement repairs shall be full depth asphalt with a minimum
design as follows:
6 inches Bituminous Concrete Base Course-Type
HB
2 inches Bituminous Concrete Surface Course-Type I-2
14 Water Meters are to be placed a maximum of one foot inside the Right of Way.
15 If encroacher is within 10' of the travel lane(s) with any part of his operation
including but not limited to vehicles, equipment, etc., encroacher shall install a
lane closure for each lane in accordance with the latest Manual on Uniform
Traffic Control Devices (MUTCD).
16 All pavement disturbed shall be saw cut prior to removal for uniform edges.
17 Access shall be maintained to driveways at all times.
18 All trench excavations shall be completely backfilled and compacted at the end
of each construction day. No portion of the trench shall be left open overnight.
19 All traffic control shall conform to the latest edition of The Manual on Uniform
Traffic Control Devices.
E53-4 l-O 1-062 Page 3 of5
Encroachment Standard Provisions
1 A copy of the permit and an approved plan(s) stamped by NCDOT will be on the
site and available for inspection by DOT personnel while construction is in
progress.
2 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.
3 If there are any existing traffic signals, signal equipment, or NCDOT signs in the
area of proposed work, you shall contact C.R. Woody at [phone], in
Durham, prior to beginning any work on State right of way. Cost to repair,
relocate, or any damage to NCDOT signs, signals, or associated equipment shall
be the responsibility of the Encroacher.
4 The traveling public will be warned of the construction with signing that is in
accordance with the latest manual on Uniform Traffic Control Devices. Further,
for construction involving lane closures, either Part VI of the MUTCD or an
approved traffic control plan must accompany this agreement.
5 Two-way traffic shall be maintained at all times.
6 All materials and construction shall meet NCDOT Standards and Specifications.
7 At the end of each working day, equipment shall be parked a minimum of 20 feet
from the edge of any travel lane.
8 Any drainage structure disturbed or damaged shall be replaced to its original
condition at the discretion of the District Engineer.
9 All erosion control devices and measures shall be constructed, installed,
maintained, and removed by the Encroacher in accordance with all applicable
Federal, State, and Local laws, regulations, ordinances, and policies. All earth
areas shall be regraded and seeded in accordance with NCDOT Standards and
Specifications.
10 When surface area in excess of one acre will be disturbed, the Encroacher shall
submit a Sediment and Erosion Control Plan which has been approved by the
appropriate regulatory agency or authority prior to beginning any work on the
right of way. Failure to provide this information shall be grounds for suspension
of operations.
11 All earth areas disturbed shall be regraded and reseeded in accordance with
Division of Highways Standards and Specifications.
E53-4 l-O 1-062 Page 4 of5
12 Trenching, bore pits and/or other excavations shall not be left open or unsafe
overnight. The contractor shall comply with all OSHA requirements and provide
a competent person on site to supervise excavation at all times.
13 The applicant is responsible for identifying project impacts to waters of the
United States (wetland, intermittent streams, perennial streams and ponds)
located within the NCDOT right-of-way. The discharge of dredged or fill
material into waters of the United Staes requires authorization from the United
States Army Corps of Engineers (USA CE) and certification from the North
Carolina Division of Water Quality (NCDWQ). The applicant is required to
obtain pertinent permits or certifcation from these regulatory agencies if
construction of the project impactswaters of the United States within the
NCDOT right-of-way. Additional infromationcan be obtained by contacting the
USACE or NCDWQ.
14 The applicant is responsible for avoiding impacts to federally protected species
during project construction. Bald Eagle, Michaux's Sumac, smooth coneflower,
dwarf wedgemussel, harperella, red-cockaded woodpecker and tar spinymussel
are federally funded speciesthat have been identified within NCDOT right of
way in Durham, Person, Granville, Wake, Franklin, Vance and Warren counties.
Additional information can be obtained by contacting the North Carolina Natural
Heritage Program or the United States Fish and Wildlife Service.
15 The applicant is responsible for complying with the Neuse and Tar-Pamlico
Riparian Buffer Rule as regulated by the NCDWQ. The rule regulates activity
within a 50-foot buffer along perennial streams, intermittent streams and ponds.
Additional information can be obtained by contacting the NCDWQ.
E53-4 l-O 1-062 Page 5 of 5
ROUTE SR 1604 PROJECT PCB Landfill Detox COUNTY OF
STATE OF NORTH CAROLINA
Warren
DEPARTMENT OF TRANSPORTATION
-AND-
NC Dept of Environment & Natural Resources
THREE PARTY RIGHT OF WAY
ENCROACHMENT AGREEMENT ON
PRIMARY AND SECONDARY SYSTEM
Division of Waste Management
-AND-
Warren County
THIS AGREEMENT, made and enter8d into this the 22nd day of Ju rie, 20 01 ---, by and between the Department
of Transportation, party of the first part;
and NC DENR, Division of Waste Management
party of the second part; and Warren County --------=--------------
pa rt y of the third part,
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) 1604 ________ , located _in_W_a_rr_e_n_C_o_u_n__,ty'--------------
with the construction and/or erection
of:
linear feet
a wat~r main crossing SR 1604 to the PCB Landfill access road, approximately 60
WHEREAS, it is to the material advantage of ~he 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 wi,ling to permit the encroachment within the limits of the
right of way as indicated, subject to the conditions of t!1is agreement;
NOW, THEREFORE, IT IS AGREED that th€ party of the first part hereby grants to the party of the second part the
right and privilege to make thi~. encroachment as shown on attached plan st1eet(s), specifications and special provisions which
are made a part hereof upon tl1e followinr: conditions, 1.o wit:
That the installation, operation, and mt1i1tenance a;' '.;1e above described facil:cy will be accomplished in accordance with the party of the
first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY, and such
revisions and amendments thereto as may be in efb.::t at the dale of this agreement. Information as to these policies and procedures may
be obtained from the Division Engineer or State Utility Agent of the party of the first part.
That the said party of the second part binds and ..;□ligates himself to install and maintain the encroaching facility in such safe and proper
condition that it will not interfere with er enda,1ger travel upon said highway, ;1or 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
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, ihat 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 co~t 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.
That the party of the second part hereby agrees to indemnify and save h8rmless 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.
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 pr,rl. The party of the second part agrees to exercise every reasonable precaution during
construction and maintenance to prevent e;oding 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 lo meet the satisfaction of the Division Engineer of the party of the first part.
That the party of the second part agree~ to assume tha actual cost of any inspection of the work considered to be necessary by the
Division Engineer of the party of the first pa;!,
That the party of the second part agrees to have avai!:Jble at the construction site, at all limes during construction, a copy of this
agreement showing evidence of approval by the party of 1.'1e 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 conlaim.Jd in this agreement is being performed on a compl~•ced highway open to traffic; the party of the second part
agrees to give written notice tu the Divisior. Ergineer of !11e party of the fi ~st part when all work contained herein has been completed.
Unless specifically requested by the party ·.,;,the first pa:•. written notice of cornplr.·iion of work on highway projects under construction will
not be required.
That in the case of noncompliance with the tern-::' of this agreemen\ by the party of the second part, the party of the first part reserves
the right to stop all work until the facility hac· been bmught into compliance or removed from the right of way at no cost to the party of the
first part.
FORM R/W 16.6
Rev. July 1, 1977
€53-4/-0 f -0(:. 2-
' That it is agreed by both parties that this agreement :,hall become void if actual construction of the work contemplated herein is not
begun within one ( 1) year from the date of authorizatior. 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.
During the performance of this contrac!, the second party, for itself, its assignees and successors in interest (hereinafter referred lo as
the "contractor"), agrees as follows:
a. Compliance with Regulations: The contractor shall comply with the Reg,Jlations relative lo nondiscrimination in Federally-
assisted programs of the U. S. Department of Transportation, Title 49, C'.Jde of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referr:a,: to as the Regulation(;)_ Nhich are herein incorporated by reference and made
a part of this contract.
b. Nondiscrimination: The contractor, with rr-,gard to the work performed by it during the contract, shall not discriminate on the
grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The conlracto,· shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, inc!uding employment practices when the contract covers a program set forth in Appendix B
of the Regulations.
c. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive
bidding or negotiation made by the contractor for work lo be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national
origin:
d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit acces~, to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
compliance with such Regulatiom· or directives. Where any information required of a contractor is in the exclusive possession
of another who fails or refuses to furnish this il'.formation, the contractor shall so certify to the Department of Transportation, or
the Federal Highway Administration as appropriate, and shall set forth what efforts ii has made to obtain the information.
e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but not limited lo,
(1) withholding of payments to the contractor under the contract until the contractor complies, and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
f. Incorporation of Provisions: The ,:,ontractur shall include the provisions of paragraphs "a" through "f' in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto. The contractor shall take such action with respect lo any subcontract or procurement as the Department of
Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance: Provided, however, that, in lhe event a contractor becomes involved in, or is threatened with, litigation
with a subcontractor or supplier as a result of such direction, the contractor may request the Department of Transportation to
enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to
enter into such litigation to protect the interests of the United States.
That when title to the subject that constitutes the aforesaid encroachment passes from the party of the second part
and vests in the party of the third part, the party of the third part agrees to assume all responsibilities and rights and to
perform all obligations as agreed to herein by the party of the second part.
R/W (166) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W (166) 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.
WITNESS:
WITNESS:
i.S/4hJi,waa f:coif rt i~, !Ymia Off ail
W,/b efmi'MC 6co1f -o-f Mf
DEPARTMENT OF TRANSPORTATION
BY:
William L. Meyer
Director, DENR Division of Waste Management
Second Party
Loria D. Williams
County Manager, Warren County, NC
Third Party
-,
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North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
William L. Meyer, Director
June 28, 2001
Ms. Loria Williams
County Manager, Warren County
P. 0 . Box 619
Warrenton, NC 27589
Dear Ms. Williams:
A~A -·~ n ,,,,;,,.-___ ..
NCDENR
In some previous discussions, l mentioned that the state might need to use some of the county
land at the PCB Landfill site for the PCB Landfill Detoxification Project. Our contractor, IT
Corporation, has determined that they will need some additional space on the west side of the
existing state-county property boundary. This space is needed for the construction of basins that
will be used for erosion and sedimentation control. A short description and map of the area is
attached.
I contacted Tommy Cline of the State Property Office for guidance on what mechanism is used to
grant such a request. He told me that the state uses a Right of Entry letter to grant such
permission. Since the basins will not be required at the end of the project and will be filled in, he
said that a Right of Entry should be sufficient. I have attached a letter that Warren County could
use based on the state's standard Right of Entry and suggestions from Mr. Cline.
I am asking that you please put this request on the agenda for the next Board of Commissioners
meeting on Monday, July 2. If this is approved, please send a copy of the approval to me and
retain a copy in your office for one of the IT Corporation representatives to obtain next week.
Thank you for your assistance in this matter.
Sincerely,
Patricia M. Backus, PE
Enclosures (2)
c: Mike Kelly
Dexter attliew,s
Gary Duke, IT Corporation
Bill Gallagher, IT Corporation
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet www.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/ 10% POST CONSUMER PAPER
Additional Area Requested for Sedimentation Basins
IT requests permission to use an area west of the existing site boundary of the Warren
County PCB landfill for the construction of sedimentation basins. We anticipate
installing two basins with an approximate combined area of 8500 square feet. We have
not yet established the exact location of the basins, but they will fall in the 125 x 938 =
117,250 square foot area shown in the drawing below. These basins will be used for
erosion and sediment (E&S) control until the permanent E&S control, a vegetative
ground cover, is established. These basins will not be required at the end of the project
and will be filled in.
EXISTING w'ESTERN
SITE B□UNDRY
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Bill Gallagher
IT Site Manager
June 27, 2001
Suggested Letter for Right of Entry
Ms. Patricia M. Backus, PE
PCB Landfill Project Manager
NC DENR -Division of Waste Management
401 Oberlin Rd, Suite 150
Raleigh, NC 27605
Re: Right of Entry
Warren County
Dear Ms Backus
Please consider this letter authorization for the State of North carolina to go
upon lands owned by Warren County the purpose of installing, operating, and
maintaining two sedimentation basins for the detoxification of the PCB Landfill. The area
covered by this right of entry is described and identified on the attachment.
It is our understanding that the state will need use of this property for a period
of 18 months to two years after which the property will be to restored to its original
condition. This right of entry is granted subject to all necessary Federal, State and local
permits or approvals required for the proposed project.
If we can assist you further please advise.
Sincerely,
Michael A. Jones, Chairman
Warren County Board of Commissioners
Additional Area Requested for Sedimentation Basins
IT requests permission to use an area west of the existing site boundary of the Warren
County PCB landfill for the construction of sedimentation basins. We anticipate
installing two basins with an approximate combined area of 8500 square feet. We have
not yet established the exact location of the basins, but they will fall in the 125 x 938 =
117,250 square foot area shown in the drawing below. These basins will be used for
erosion and sediment (E&S) control until the permanent E&S control, a vegetative
ground cover, is established. These basins will not be required at the end of the project
and will be filled in.
EXISTING w'ESTERN
SITE B□UN DRY
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Bill Gallagher
IT Site Manager
June 27, 2001