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HomeMy WebLinkAboutWM0501415_Application_20201007F,e C, 2,vw"`\ co1771,0L. o 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 I OEVEROUX STREET I I 1� m i O W O a rs� ;CLURE DRIVE �Yi ' �W W JOHNSON STREET 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. ``__11 RALEIGH,,WAKE COUNTY hart : hlckmn "9u soud.rryon surrr-suirr too madonr, NonL Cuolina 28203 -o 586-00071p) 70a-580 uns(f) 11M�!•�Y�MGL9d111v Iacm.ek Gl^_69. dG215 c'..�I„a DATE: JOB i 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 (COipOIi�e7s�31�- �Cay;a�f l�a�igh, By: (Corporate Seal) Attest: B : ��— Y Printed Name, Title By: 4054ah—tvU. '0.- �ehorehor :iGn5a. k6i5-faai- 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 � *.X—zr lqxa�c#-L. 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. Aw please don't print this e-mail unless you really need to 1