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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: 10/6/2020
2. County: Wake
FOR OFFICE USE ONLY
PERMIT NO. ISSUED DATE
3. What type of well are you applying for? (monitoring or recovery): Permanent Type II Monitoring Well
4. Applicant: Chaucer Investments LLC (petitioner for DSCA Site #DC920048) Telephone: Mike Cunningham (919) 707-8361
Applicant's Mailing Address: DSCA Program, 1646 Mail Service Center Raleigh NC 27699-1646
Applicant's Email Address (if available): mike. cunningham(ftedenr gov
5. Contact Person (if different than Applicant): Robert Harrell. Hart & Hickman. PC Telephone: (919) 723-2505
Contact Person's Mailing Address: 3921 Sunset Ridge Rd Ste 301 Raleigh NC 27607
Contact Person's Email Address (if available): rharrell(oharthickman.com
6. Property Owner (if different than Applicant): City of Raleigh Telephone: (919) 996-2984 or (919) 996-4786
Property Owner's Mailing Address: PO Box 590, Raleigh NC 27602
Property Owner's Email Address (if available): william.iacksonCDcityofraleighnc.gov or kris nikfararaleighnc gov
7. Property Physical Address (Including PIN Number) 1027 N West Street (PIN# 1704528222)
City Raleigh County Wake Zip Code 27602
8. Reason for Well(s): Environmental Assessment for DSCA Program
(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 Dry Cleaner
(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).
NCDEQ DSCA Site ID #DC920048
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? No
Existing Monitoring or Recovery Well Construction Permit No(s).: N/A
13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): Approximately 250 feet
14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No
If yes, give distance(s): N/A
15. Well Contractor: Innovative Environmental Technologies, Inc Certification No.: 3287-B
Well Contractor Address: 232 Highway 49 S., Concord NC 28025
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. 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)
Number of wells to be constructed in unconsolidated
material: 1
3. Number of wells to be constructed in bedrock: 0
4. Total Number of wells to be constructed: 1
(add answers from 2 and 3)
5. How will the well(s) be secured? Bolted flush -mount
well with lockable well cap
Estimated beginning construction date: October 2020
Estimated construction completion date: October 2020
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. 143-215.1013(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
•t6Ef-T 44—mitc.,Agent for Petitioner for DSCA Site DC920048 Agent for Petitioner for DSCA Site DC920048
Signature of Applicant or *Agent Title of Applicant or *Agent
Robert Harrell * 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 property access agreement (Attachment 3) See attached property access agreement (Attachment 3)
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
AR Rev. 3-1-2016
ATTACHMENT I
MONITORING WELL CONSTRUCTION DETAILS
L3
L1
L2
I MONITORING WELL CONSTRUCTION DETAILS
CROSS SECTIONAL VIEW
CONCRETE PAD
FLUSH METAL WELL COVER
CONCRETE PAD
BACKFILL AROUND CASING
MATERIAL
cement grout
LENGTH
2 ft (0 to 2 ft)
SEAL
TYPE OF SEAL
bentonite/grout
THICKNESS
2 feet (2 ft to 4 ft)
— WELL CASING
MATERIAL
schedule 40 PVC
DIAMETER
2 inches
JOINT TYPE
flush threaded
LENGTH
5 feet
<— FILTER PACK
TYPE OF FILTER
No. 2 Sand
THICKNESS
11 feet (4 ft to 15 ft)
WELL SCREEN
SCREEN MATERIAL
schedule 40 PVC
DIAMETER
2 inches
LENGTH
10 feet
SLOT SIZE
0.010 inches
— DEPTH TO BOTTOM OF
MONITORING WELL
15 feet
L1 = 5 FT.
L2 = 10 FT. DIAMETER OF
L3= 15 FT. BOREHOLE
4.25 in
TITLE Monitoring Well Diagram
Hart & Hickman, PC
3921 Sunset Ridge Rd. Ste. 301
Raleigh, NC 27607
FILE PREP. BY REV. BY DATE PROJECT NO.
RH GK 10/6/2020 DSO-79 (DSCA ID# DC920048)
ATTACHMENT 2
PROPOSED MONITORING WELL LOCATION MAP
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SOURCE PROPERTY BOUNDARY
PROPERTY PARCEL BOUNDARY
FORMER BUILDING FOOTPRINTS
t#H#H+HHi} RAILROAD
— SUBGRADE PIPING
• • — • • —SURFACE WATER FEATURE
SURFACE WATER SAMPLE LOCATION
•
W. PEACE STREET I
• Proposed PeOnanent Monitoring Well Location
8
APPROXIMATE
0 100 200
SCALE IN FEET
PROPOSED MONITORING WELL LOCATION MAP
ROLLINS ECONOMY CLEANERS
DSCA ID: DC920048
407 W. PEACE ST.
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ATTACHMENT 3
PROPERTY ACCESS AGREEMENT
ACCESS AND LICENSE AGREEMENT
bCTHIS ACCES AND LICENSE AGREEMENT (the "Agreement") is made as of
-�bbr�l�" 1 6 , 2020 by and between Hart & Hickman, P.C., a North Carolina
professional corporation, ("Licensee") having an address of 2923 S. Tryon Street, Suite 100,
Charlotte, NC 28203 and the City of Raleigh, a North Carolina municipal corporation ("City").
WHEREAS, a former dry-cleaning facility is located at 407 West Peace Street, Raleigh,
North Carolina 27603 (the "Former Dry -Cleaning Facility") and owned by Chaucer Investments
LLC.; and
WHEREAS, the City owns property known as Parcel ID No. 1704528222 located at 1027
N. West Street, Raleigh, North Carolina, 27603 (the "Property") located within contiguous to
an area containing soil and groundwater contamination related to the Former Dry -Cleaning Facility
and has the authority to grant the access required hereunder; and
WHEREAS, Licensee desires to assess whether soil and groundwater contamination
related to the Former Dry -Cleaning Facility may be present on and in the vicinity of the Property;
and
WHEREAS, Licensee desires to install, inspect, and sample monitoring well(s) on the
Property pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the execution of this Agreement, and other
valuable and good consideration, the receipt and sufficiency of which is hereby acknowledged,
Licensee and City agree as follows:
1. Work. The term "Work" shall be defined to include the installation, inspection, and
periodic sampling of a groundwater monitoring well as described in the attached Exhibit "A".
Licensee shall work with Billy Jackson (William.Jackson@raleighnc.gov, 919-996-2984) and Kris
Nikffar (Kris.Nikfar@raleighnc.gov, 919-996-4786) to determine the precise location of the
monitoring well. The Work will be performed by a North Carolina licensed well contractor at the
direction of a Licensee. As between Licensee and City, Licensee agrees to be solely responsible
for all costs and expenses incurred in performing the Work contemplated hereunder, and City shall
have no obligation or responsibility for such costs or expenses.
2. Grant of License. City hereby grants Licensee, its authorized agents, employees,
contractors, and sub -contractors (the "Performing Entities"), for the benefit of the Property, a non-
exclusive license ("License") for access to the Property to enter the Property for the express and
limited purpose of performing the Work pursuant to the terms of this Agreement. The City shall
in all other respects as owner of the Property be able to make all Iawful uses of the Property not
inconsistent with the terms of this Agreement.
3. Terms of License. The Performing Entities shall exercise their rights under the License
subject to the following conditions:
(a) Notice of Entry. Except in the event of an emergency, the Performing Entity shall
notify the City, by notice to the Billy Jackson (William.Jackson@raleighnc.gov, 919-
996-2984) and Kris Nikfar (Kris.Nildf r@raleighnc.gov, 919-996-4786) or other
designee at least one week prior to the Performing Entity's entry upon the City Property
(the "Pre -Entry Notice"). Pre -Entry Notice shall not be given during the weekends or
holidays; any Pre -Entry Notice give on the weekends or holidays shall be null and void.
(b) Timing and Duration of Entry. Except in the event of an emergency, each access
event shall occur Monday through Friday, during normal business hours, and is not
expected to require more than one (1) consecutive days. The duration of access
provided hereunder shall be until further notice is given from Licensee and or its
authorized agents to City. City expressly recognizes that the government agencies
having jurisdiction may require testing to occur quarterly or bi-annually after the
installation of the wells has occurred.
(c) Access route. The Performing Entities shall consult with the City's Billy Jackson
(William.Jackson@raleighnc.gov, 919-996-2984) regarding access to the proposed
well location and shall obtain prior written approval before removing trees or ground
vegetation to perform the Work. The City expressly reserves the ability to alter the
route of access. Any Performing Entity who desires to remove trees or ground
vegetation to perform the Work shall obtain prior written approval from the City's
Urban Forester (Zachary Manor,.
(d) Emergency Access. In the event of an emergency that requires any Performing Entity
to access the Property without proper notice pursuant to paragraph 3.a. or on a weekend
or holiday, the Performing Entity shall notify the City pursuant to Paragraph 3.a. no
later than 48 hours following entry of the Property with the reason for the entry.
(e) Compliance with Laws, Regulations, and Ordinances. Prior to conducting the
Work, Licensee, at its sole cost and expense, shall have obtained any and all necessary
governmental permits and approvals for the Work and shall, upon request, provide
Billy Jackson (William.Jackson@raleighnc.gov, 919-996-2984), or other designee
with copies of any and all such permits and approvals_ The Performing Entities shall
undertake the Work in a manner consistent with that degree of skill and care ordinarily
exercised by practicing professionals performing similar services in the same locality,
at the same site and under the same or similar circumstances and conditions such that
it will comply with the North Carolina state statutes and rules and local City Code
provisions applicable to the performance of the Work. The Performing Entities shall
be responsible for the proper handling and disposal of any contaminated equipment,
environmental media or other materials resulting from performance of the Work.
(f) City Access to the Work. The City and its contractors and consultants shall have
access to the Property at all times during the performance of the Work so long as the
City and its representatives (i) observe all applicable federal, state and local laws,
regulations and safety standards and (ii) do not unreasonably impede or otherwise
unreasonably interfere with the performance of the Work, except as required for the
enforcement of any City Code provisions that apply to the performance of the Work.
(g) Restoration of the Property. The Performing Entities shall restore the Property to the
satisfaction of the City. If Licensee, or its successors and assigns, shall fail to restore
the Property within fourteen (14) days of the final completion of the Work, the City
may, at the City's option (but shall not be obligated to) restore the Property disturbed
by the Work, and Licensee shall within thirty (30) days of demand and related
documentation therefore, pay the City for the cost thereof. The City shall provide
notice and demand to Licensee at least ten (10) business days prior to it exercising the
option to restore the Property.
(h) Mutual Cooperation. Licensee agrees to coordinate its activities with City to
minimise any inconvenience to or interruption of the normal use and enjoyment of the
Property by City. City agrees to cooperate with Licensee, its agents, employees,
contractors, sub -contractors in the scheduling and performance of the Work.
(i) Final Report. Licensee agrees to provide a draft of any report involving the Work to
the City for the City's review and comment before the reportis finalized. Licensee
agrees to supply City upon express request with copies of any data obtained from the
Work performed, and any written reports to the government agencies having
jurisdiction concerning the Property, including a final report outlining the results of the
investigation performed pursuant to this Agreement.
(j) Completion of the Work. Upon completion of the Work, Licensee shall provide
written notice and appropriate documentation to the relevant government agencies, and
to City, that Licensee considers that the Work has been completed as required under
applicable law. Determination by the government agencies having jurisdiction that the
Work has been completed shall be conclusive and bind on City and City's successors
and assigns. In the event that the relevant government agencies shall, for a period of
one (1) year following the date of submission of Licensee's written notice, fail to
express objections to the notice, then in that event the Work shall likewise be
conclusively presumed to be complete.
4. Mechanics' Liens. Licensee shall not permit any mechanic's lien to be placed upon or
encumber all or any portion of the Property caused by or resulting from any work performed,
materials furnished, or obligation incurred by or at the request of the Performing Entities, their
contractors or subcontractors, and in the case of the filing of any such lien, Licensee will promptly
pay, bond, or otherwise discharge the same. If default in payment, bond, or discharge shall
continue for thirty (30) days following the imposition of such lien, the City shall have the right, at
the City's option, of paying the same without inquiry to the validity thereof, and any amounts paid,
including expenses and interest, shall be paid by Licensee on demand by the City supported by
related documentation. On or before ninety (90) days after completion of the Work, Licensee shall
deliver to the City lien waiver affidavits evidencing full payment of all contractors, subcontractors,
and others providing labor or materials in connection with the work contemplated under this
Agreement.
5. Insurance. Licensee must attach to the signed copy of this Agreement submitted to the
City a certificate of liability insurance showing the City as an additional insured on a binder that
shows the following minimum coverages provided by its independent contractors and
subcontractors:
Commercial General Liability - Combined single limit of no less than $1,000,000 each
occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding
nor limiting Product/Completed Operations, Contractual Liability or Cross Liability.
Automobile Liability - Limits ofno less than $1,000,000 Combined Single Limit. Coverage
shall include liability for Owned, Non -Owned and Hired automobiles. In the event a Performing
Entity does not own automobiles, said entity agrees to maintain coverage for Hired and Non -
Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General
Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if
vehicles are used in the provision of services under this Agreement and/or are brought on the City
Property.
Worker's Compensation & Employers Liability - Worker's Compensation Insurance in
accordance with North Carolina General Statute Chapter 97 with statutory limits and employees
liability of no less than $1,000,000 each accident.
Additional Insured - The Policy must include an endorsement showing the City as an
Additional insured on the Commercial General Liability and Auto Liability. The Additional
Insured shall read 'City of Raleigh is named additional insured as their interest may appear'.
Certificate of Insurance - Licensee shall provide City with a Certificate of Insurance
evidencing that all coverages, limits and endorsements required herein are maintained and in full
force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor
to notify, when available, by Performing Entities' insurer(s). If a Performing Entity receives a non -
renewal or cancellation notice from an insurance carrier affording coverage required herein, or
receives notice that coverage no longer complies with the insurance requirements herein, said
Performing Entity agrees to notify the City within ten (10) business days with a copy of the non -
renewal or cancellation notice, or written specifics as to which coverage is no longer in
compliance. The Certificate Holder address should read:
City of Raleigh
Post Office Box 590
Raleigh, NC 27602-0590
Umbrella or Excess Liability - The minimum liability limits required above may be
satisfied under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit
of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not
be less than the highest "Each Occurrence" limit for required policies. The City of Raleigh must
be endorsed as an 'Additional Insured' on the Umbrella or Excess Liability, unless the Certificate
of Insurance states the Umbrella or Excess Liability provides coverage on a'Follow-Form' basis.
All insurance companies must be authorized to do business in North Carolina and be
reasonably acceptable to the City of Raleigh's Risk Manager.
Licensee shall require any of its contractors, sub -contractors, or agents entering the City
Property or otherwise providing services within the City Property to meet the insurance
requirements set forth above.
Licensee is permitted to use self-insurance to comply with its obligations under this section
and will provide evidence of self-insurance to the City.
6. )indemnification.
a. To the fullest extent allowed by law, the Licensee (Engineer) shall indemnify and hold
harmless the City, its officers, officials, employees, agents, or indemnities (collectively
called "Indemnified Parties") from and against those Losses, liabilities, damages, and
costs proximately caused by, arising out of, or resulting from the sole negligence of the
Engineer, the Engineer's agents, or the Engineer's employees.
b. In matters other than those covered by subsection 6.A. above, and to the fullest extent
allowed by law, the Engineer shall indemnify and hold harmless the Indemnified Parties
from and against those Losses, liabilities, damages, and costs caused by, arising out of,
resulting from, or in connection with the execution of the work provided for in this
contract when the Fault of the Engineer or its Derivative Parties is a proximate cause of
the Loss, liability, damage, or expense indemnified.
i. Costs and expenses shall include attorneys' fees, litigation or arbitration
expenses, or court costs actually incurred by the Indemnified Parties to
defend against third -party claims alleged in any court, tribunal, or
alternative dispute resolution procedure required of any of the Indemnified
Parties by law or by contract, only if the Fault of the Engineer or its
Derivative Parties is a proximate cause of the attorney's fees, litigation or
arbitration expenses, or court costs to be indemnified.
ii. Only to the extent provided pursuant to a policy of insurance, the Engineer
shall defend the Indemnified Parties against claims alleged in any court,
tribunal, or alternative dispute resolution procedure if the Fault of the
Engineer or its Derivative Parties is a proximate cause of such claims.
b. The Engineer's duty to indemnify, defend, and hold harmless described hereinabove
shall survive the termination or expiration of this Contract.
C. Definitions:
i. For the purposes of this Section 6, the term "Fault" shall mean any breach of
contract; negligent, reckless, or intentional act or omission constituting a tort
under applicable statutes or common law; or violation of applicable statutes
or regulations.
ii. For the purposes of this Section 6, the term "Loss" or "Losses" shall
include, but not be limited to, fines, penalties, and/or judgments issued or
levied by any local, state, or federal governmental entity.
iii. For the purposes of this Section 6, the term "Derivative Parties" shall mean
any of the Engineer's subcontractors, agents, employees, or other persons or
entities for which the Engineer may be liable or responsible as a result of
any statutory, tort, or contractual duty.
7. Miscellaneous.
(a) This Agreement shall be governed by and construed in accordance with the laws of the
State of North Carolina, and venue for any civil action between the parties shall be
Wake County Civil Superior Court or the United States District Court for the Eastern
District of North Carolina.
(b) This Agreement shall expire three (3) calendar years from its effective date, but its
duration may be extended by written agreement by the City and Licensee.
Notwithstanding the foregoing, if the City's redevelopment plans require the removal
or replacement in a different location during the term of this Agreement, Licensee shall
be responsible for all costs of relocation or removal following notification by the City.
(c) This Agreement may be modified or amended only by mutual, written agreement of
Licensee and the City, or their successors and assigns. Licensee and the City may
amend this Agreement to supplement the Work described herein. This Agreement
constitutes the entire agreement between the parties hereto with respect to the
transactions contemplated herein, and this Agreement supersedes all prior oral or
written agreements, commitments, or understandings with respect to the matters
provided herein.
(d) Licensee and the City agree that this Agreement may be executed in counterparts and
that when so executed by Licensee and the City shall constitute one Agreement binding
on Licensee and the City hereto. Licensee and the City agree that a facsimile copy of
the Agreement shall be deemed as binding and valid as the original.
(e) Except as otherwise expressly provided herein, the remedies herein shall be cumulative
and shall not preclude any parry from asserting any other rights or seeking any other
remedies against any other parties, or such other parties, successors or permitted
assigns, as provided herein or by applicable law. Nothing contained herein shall
preclude a party from seeking equitable relief where appropriate. Neither waiver by
any of the parties hereto of a breach of or a default under the provisions of this
Agreement, nor the failure of any of the parties on one or more occasions to enforce
any of the provisions of this Agreement or to exercise any right or privilege hereunder
shall thereafter be construed as a waiver of any subsequent breach or default of a similar
nature or as a waiver of any such provisions, rights, or privileges hereunder.
(f) Except as otherwise specified herein, any notices that either Party hereto is required or
desires to give to the other hereunder shall be deemed to have been properly given for
all purposes if (i) delivered with a written receipt of delivery, (ii) mailed by registered
or certified mail of the United States Postal Service, return receipt requested, postage
prepaid, or (iii) delivered to a nationally recognized overnight courier service for next
business day delivery, to its addressee at such party's address as set forth below, or (iv)
delivered via telecopier, facsimile transmission, or electronic mail to the facsimile
number or email address listed below. Each such notice, demand or request, shall be
deemed to have been given upon actual receipt or refusal by the addressee.
HART & HICKMAN, P.C.:
Licensee
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
Attn: Christie Zawtocki
EMAIL: czawtocki@harthickman.com
CITY:
City of Raleigh
222 West Hargett Street
Raleigh, North Carolina 27601
Attn: Ruffin L. Hall
FAX #: 919-996-7625
EMAIL: ruffin.hall@raleighnc.gov
With a copy also sent to:
City Attorney's Office
Attn: Carolyn A Bachl, Senior Associate City Attorney
One Exchange Plaza, Suite 1020
Raleigh, North Carolina 27601
FAX #: 919-8574453
EMAIL: carolyn.bachl@raleighnc.gov
Notices may be given on behalf of any party by its legal counsel. Either party may,
from time to time, by notice as herein provided, designate a different address to which
notice to it shall be sent.
{g)Notwithstanding any other provisions of this Agreement, this Agreement and all
materials submitted to the City by Licensee are subject to the public records laws of
the State of North Carolina and it is the responsibility of Licensee to properly designate
materials that may be protected from disclosure as trade secrets under North Carolina
law as such and in the form required by law prior to the submission of such materials
to the City. Licensee understands and agrees that the City may take any and all actions
necessary to comply with federal, state, and local laws and/or judicial orders and such
actions will not constitute a breach of the terms of this Agreement. To the extent that
any other provisions of this Agreement conflict with this paragraph, the provisions of
this section shall control.
(h) To the extent permitted by North Carolina law, the parties hereto for themselves, their
agents, officials, employees and servants agree not to discriminate in any manner on
the basis of race, color, creed, national origin, sex, age, handicap, or sexual
orientation with reference to the subject matter of this Agreement. The parties further
agree, to the extent permitted by law, to conform with the provisions and intent of
City of Raleigh Ordinance 1969-889, as amended_ This provision is hereby
incorporated into this Agreement for the benefit of the City of Raleigh and its
residents, and may be enforced by action for specific performance, injunctive relief,
or other remedy as provided by law. This provision shall be binding on the successors
and assigns of the parties with reference to the subject matter of this Agreement.
(i) Each of the undersigned hereby represents and warrants that it is authorized to
execute this Agreement on behalf of the respective parties to the Agreement and that
this Agreement, when executed by those parties, shall become a valid and binding
obligation, enforceable in accordance with its terms. City further represents and
warrants that it has full authority to grant access to all areas of the Property, including
the common areas to Licensee, its agents, employees, contractors, and sub-
contractors.
(j) This Agreement may be assigned by City to any purchaser of the Property. This
Agreement shall be binding upon and shall inure to the benefit of the parties'
respective representatives, successors, heirs, and assigns.
IN WITNESS THEROF, the parties have executed this Agreement on the dates set forth
on the first page of this Agreement.
Licensee
By:
Printed Name, Title
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By:
(Corporate Seal)
Attest:
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Printed Name, Title
By: 4054ah—tvU. '0.-
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Sau—uh� City Clerk
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS
Via E-Mail
October 7, 2020
North Carolina Department of Environmental Quality
Division of Water Resources — Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina 27609
Attn: Mr. Eric Rice
Re: Permit to Construct Monitoring Well
Rollins Economy Cleaners (NC DCSA No. DC920048)
Raleigh, North Carolina
Dear Mr. Rice:
Hart & Hickman, PC (H&H) is providing the attached monitoring well permit application for
groundwater assessment activities related to the Rollins Economy Cleaners site in Raleigh, North
Carolina. H&H is proposing to install one permanent monitoring well at 1027 N West Street.
Enclosed please find the permit application, well construction details, site map with the proposed
location, and other relevant information. Please review the provided information and return the
approved permits to the H&H Raleigh office.
Should you have any questions or need any additional information, please feel free to contact me
at (919) 723-2505.
Sincerely,
Hart & Hickman, PC
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Robert Harrell
Project Environmental Scientist
Attachments
2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd, Suite 301
Charlotte, NC 28203 Raleigh, NC 27607 www.harthicknian.coni
704.586.0007 main 919.847A241 main
Rice, Eric
From:
Robert Harrell <rharrell@harthickman.com>
Sent:
Wednesday, October 7, 2020 9:43 AM
To:
Rice, Eric
Subject:
[External] Monitoring Well Permit Application
Attachments:
DC920048_20201007_Well Permit Application.pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
Categories:
Mr. Rice,
Blue Category
Please see the attached monitoring well permit application for DSCA Site DC920048. We are hoping to perform this
install the week of October 26. Please let me know if you have any questions or need further information. I am not sure
if hard copy versions are required at this time, but if so, I will gladly bring a copy to the office.
Thank you,
Robert Harrell, Project Environmental Scientist
Hart & Hickman, PC
3921 Sunset Ridge Rd, Ste 301 • Raleigh, NC 27607
Direct: 919-723-2505 • Main: 919-847-4241
Mobile:404-934-9038
www.harthickman.com
We've launched a new websitel Follow the link above to see what's changed.
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