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HomeMy WebLinkAboutWM0401265_Monitoring Well Permit Application_20201125NORTH 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: November 13, 2020 2. County: Guilford FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): Monitoring Wells 4. Applicant: Sherwin-Williams Company (c/o Jennifer Deka) Telephone: 216-566-1618 Applicant's Mailing Address: 101 Prospect Avenue, Cleveland, OH 44115 Applicant's Email Address (if available): Jennifer. L.Deka6a�sherwin.com 5. Contact Person (if different than Applicant): Nick Shore (AECOM) Telephone: 919-461-1485 Contact Person's Mailing Address: 1600 Perimeter Park Dr, Suite 400, Morrisville, NC 27560 Contact Person's Email Address (if available): nick.shore6a�aecom.com 6. Property Owner (if different than Applicant): Norfolk Southern Telephone: 757-629-2817 Property Owner's Mailing Address: Three Commercial Place, Norfolk, VA 23510 Property Owner's Email Address (if available): Diane. HoganCa�nscorp.com 7. Property Physical Address (Including PIN Number) Norfolk Southern Right -of -Way (PIN NA) City Greensboro County Guilford Zip Code 27407 8. Reason for Well(s): environmental assessment (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: industrial (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). none 11. Type of contaminants being monitored or recovered: chlorinated solvents and metals (ex: organics, nutrients, heavy metals, etc.) 12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes, 7 Existing Monitoring or Recovery Well Construction Permit No(s).: Unknown 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 125 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yes, give distance(s): 15. Well Contractor: Geologic Exploration Certification No.: 2580A Well Contractor Address: 176 Commerce Blvd., Statesville, NC 28626 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 material: 1 3. Number of wells to be constructed in bedrock: 0 5. How will the well(s) be secured? Locking well cap 6. Estimated beginning construction date: 12-14-20 4. Total Number of wells to be constructed: 1 7. Estimated construction completion date: 12-18-20 (add answers from 2 and 3) 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 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 Z�>dA2, Env. Project Manager Sign�Applicant or *Agent Title of Applicant or *Agent Jennifer Deka * 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 access agreement Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant) DIRECTIONS Please send the completed application to the appropriate Division of Water Resources' Regional Office: Asheville Regional Office 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 JR Rev. 3-1-2016 SHERWIN-WILLIAMS. November 16, 2020 The Sherwin-Williams Cam pany 101 W. Prospect Avenue 1180 Midland Building Cleveland, Ohio 44115 Subject: Authorization to Sign Monitoring Well Permit Applications Jen: You wish to submit, on behalf of The Sherwin-Williams Company, six Monitoring Well Permit Applications. Three applications will be submitted to Guilford County, North Carolina and three to the North Carolina Department of Environmental Quality. The Permits are in relation to property at 3125 Spring Garden St., Greensboro, NC. The application requires that you have written authorization from Sherwin-Williams to act as its agent regarding the application. This letter serves as such authorization. Sincerely, Stephen J. Perisutti Vice President, Deputy General Counsel and Assistant Secretary, The Sherwin-Williams Company r NORFOI-K SOUMERN � Norfolk Southern Corporation Law Department Three Commercial Place Norfolk, Virginia 23510-9241 Writer's Direct Dial Number Phone: 757.629-2817 Fax: 757-629-2607 E-mail: Diane.Hogan@nscorp.com June 18, 2019 Ms. Jennifer L. Deka The Sherwin-Williams Company Corporate Environmental Health, Safety & Regulatory Affairs 101 West Prospect Avenue Cleveland, Ohio 44115 Diane Hogan Paralegal RE: Greensboro, NC -- Yd Extension to Right of Entry Agreement between The Sherwin-Williams Company and Norfolk Southern Railway Company; Norfolk Southern Law File No. ROE00048 Dear Ms. Deka: Enclosed is a fully executed Right of Entry Agreement regarding the referenced matter for your file. If you have any questions, please feel free to contact our office. Sincerely, Jaxo_ dcr",— Diane Hogan /dh Enclosure NS Law File No. ROE00048 ENVIRONMENTAL RIGHT OF ENTRY AGREEMENT THIRD AMENDMENT This Amendment is entered into as of 11 , 2011, between THE SHERWIN-WILLIAMS COMPANY ("Licensee"), and NORFOLK SOUTHERN RAILWAY COMPANY ("Company"), a Virginia corporation. WHEREAS, Company and VALSPAR COATINGS, INC. had entered into an Environmental Right of Entry Agreement ("Agreement"), made as of January 11, 2005 and as amended by First Amendment, January 11, 2008, and a Second Amendment, January 11, 2011, (collectively, the "Agreement"), covering the entry of Licensee onto Company's Property at 3215 Spring Garden Street, Greensboro, North Carolina for the purpose stated in the original Agreement WHEREAS, The Sherwin-Williams Company has assumed responsibility for obligations of Valspar Coastings, Inc. related to the Property as set forth in the Agreement. WHEREAS, The Agreement expired January 11, 2014 and Licensee wishes to renew and extend the term of the Agreement, subject to the terms and conditions set forth in the Agreement and as set forth in this amendment to the Agreement (the "Third Amendment"). WHEREAS, Licensee wishes to amend the scope of work covered by the Agreement as outlined in the scope of work in Exhibit A to include monitoring of existing wells and installation of additional wells, subject to the terms and conditions set forth in the Agreement and as set forth in this Third Amendment. NOW, THEREFORE, the parties, acknowledging mutual consideration and intending to be legally bound, agree as follows: The Agreement is hereby renewed, effective as of January 11, 2014, including all Exhibits thereto, and as amended herein. 2. The term of the Agreement is extended to and includes May 10, 2022. 3. The scope of work covered by the Agreement is amended to include monitoring of existing wells and installation and monitoring of additional monitoring wells, as set forth in the scope of work in Exhibit A hereto. Figure 1 to Exhibit A depicts the approximate location of the existing monitoring wells. 4. Paragraph 2 of the Agreement is hereby modified to include a new subsection 2. e. and 2. f. 2. e. To the extent any statements in the scope of work included in Exhibit A contradict or are inconsistent with the terms of this Agreement, the terms of this Agreement control. FNS Law File No. ROE00048 2. f. Licensee agrees to keep a copy of this Agreement at the Property while conducting any of the work contemplated hereunder and to make it available upon demand by any employee or agent of Company. 5. Paragraph 3 of the Agreement is hereby modified to reflect that Company's Division Engineer is Justin Brooks at (765) 618-2039. 6. Paragraph 9 of the Agreement is deleted in its entirety and replaced with the following: 9. No work of any character shall be started on the Property until: a. Certificates of Insurance, specifying that the policies are applicable to the particular work, have been furnished to and accepted by Company as evidence that Licensee and/or its contractor and subcontractor maintain the following insurance coverages: (i) Workers' Compensation Insurance in satisfaction of statutory requirements of the state where the property covered by this agreement is located. Also, Employers' Liability Insurance having limits of not less than $500,000 each accident, $500,000 per disease - policy limit, and $500,000 per disease - each employee. (ii) Comprehensive General Liability Insurance having a combined single limit of not less than $2,000,000 per occurrence for all loss, damage, cost and expense, including attorney's fees, arising out of bodily injury, liability and property damage liability during the policy period. Such policy shall be endorsed to name Company as an additional insured and shall include a severability of interests provision. In addition, the policy of Licensee and/or its contractor and subcontractor shall be endorsed to reflect Contractual Liability Insurance specifically relating to the indemnity provisions of this agreement and any exclusion for construction or demolition activities (including installing wells or boring holes, but not for work done by means of a hand augur) conducted within 50 feet of railroad tracks shall be deleted from Licensee's policy. (iii) In the event Licensee cannot obtain contractual liability insurance to cover the obligations assumed under this Environmental Right of Entry Agreement, Licensee or its contractor shall procure and furnish to Company either: (A) a risk financing fee of $1,000.00 (herein called the "Risk Financing Fee"), in exchange for which Company will include the project under Company's Master Railroad Protective Liability Insurance Policy; or 2 F S Law File No. ROE00048 (B) a Railroad Protective Liability Insurance Policy having a combined single limit of $2,000,000 per occurrence and $6,000,000 in the aggregate applying separately to each annual period. Said policy shall provide coverage for all loss, damage, or expense arising from bodily injury and property damage liability, and physical damage to property attributed to acts or omissions at the job site. Said policy shall name Company as the named insured and the policy shall be underwritten on Insurance Services Offices Form No. CG 00 35 10 01 or its equivalent. (iv) Automobile Liability Insurance having a combined single limit of not less than $1 million per occurrence. Said policy shall name Company as an additional insured and shall include a severability of interests provision. b. Company has advised Licensee that limits, form, and substance of insurance policies and certificates of insurance are satisfactory to Company. The original Railroad Protective Liability Insurance Policy if applicable and certificate of liability insurance should be forwarded to Risk Manager, Norfolk Southern Corporation, Three Commercial Place, Norfolk, Virginia, 23510. The furnishing by Licensee of such insurance and the acceptance of the same by Company is not intended to and shall not reduce, limit, affect, or modify the primary obligations and liabilities of Licensee under the other provisions of this agreement. C. Authorized representatives of Licensee have met with Company's Division Engineer or his representative and also with a representative of Company's Communications and Signals Department to receive any instructions Company may have concerning Licensee's activities on the Property. Licensee agrees to follow, at its expense, all such instructions, and in such manner as is satisfactory to Company. 7, Paragraph 11 of the Agreement is deleted in its entirety and replaced with the following: 11. Within 30 days of termination of this Agreement or completion of any groundwater sampling project, whichever first occurs, Licensee agrees to remove any well(s) in accordance with state procedures and provide Company evidence of such removal. Removal procedures shall include pulling or reaming the well casing(s) and grouting the hole(s) to ground surface in accordance with U.S. Environmental Protection Agency and state standards and/or guidelines, including at a minimum grouting from the bottom of the borehole/well to the surface. Within 30 days of termination of this Agreement, Licensee also agrees to restore the Property and shall leave it free of debris and holes in the ground and in such condition as is satisfactory to Company. NS Law File No. ROE00048 8. Paragraph 14.b. of the Agreement is deleted in its entirety and replaced with the following: 14. b. Licensee agrees to provide Company with complete copies of the results of the analyses of any samples taken from the Property, along with maps depicting locations of such samples, and any reports generated using such data, as well as any notices or materials submitted to or received from any governmental or quasi - governmental entity relating to the Property. The foregoing sentence includes copies of any waste manifests, profiles, or characterization, as applicable, of impacted soil and/or groundwater removed from the Property. Licensee shall provide to Company documentation, including without limitation location, dimensions, and GPS coordinates, of areas of contamination of the Property and soil and/or groundwater thereunder that is the subject of the investigation and/or cleanup addressed by this Agreement. Licensee also agrees to advise Company of any planned corrective action, closure of any well(s), and any regulatory closure involving the Property. Such materials shall be provided to Company in electronic format, addressed to Company's System Director Environmental Protection, c/o Norfolk Southern Corporation, 1200 Peachtree Street, NE, Box 13, Atlanta, Georgia 30309, or via email address provided by Company. 9. The last paragraph in the Agreement is deleted in its entirety and replaced with a new Paragraph 17 as follows: 17. Licensee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising out of Paragraph 16, and Licensee further agrees that it will not raise or plead a statute of limitations defense against Company in any action arising out of Licensee's failure to comply with Paragraph 16. 10. A new Paragraph 18 is added to the Agreement as follows: 18. Licensee will remove from the Property all soil, fill, debris or other materials (whether solid or liquid) removed during the activities covered by this Agreement, including any such material that is contaminated and/or potentially contaminated. Company assumes no responsibility for any such material and shall not be a signatory on any waste manifests, bills of lading or other documentation concerning this material. 11. A new Paragraph 19 is added to the Agreement as follows: 19. The provisions of Paragraphs 1, 8, 11, 16 and 17 shall survive the expiration or earlier termination of this agreement. 4 N5 Law File No. ROE00048 In the event of any inconsistency or ambiguity between the provisions of the Agreement and those of this Third Amendment, the provisions of this Third Amendment shall prevail. However, except as expressly modified by this Third Amendment, the terms and conditions of Agreement shall continue in full force and effect. Each of the parties therefore has caused this Third Amendment to be executed by its duly authorized representative. NORFOLK SOUTHERN RAILWAY CO PANY ;V_ Title:_., Date: _ c� .- 1 � aG I I THE SHERWIN-WILLIAMS COMPANY By: Title: V' gh,l Date: 0141 NS Law File No. ROE00048 Exhibit A SHERMN-MUMMS THE SHERWIJ-WILLIPMS COMPANY Envionmertel, Heath & Regulatoryv,ervices 101 West Presped Avenue Cleveland, Oho 44115-1075 April 12, 2019 Sherwin-Williams would like to collect groundwater samples from the monitoring wells on Norfolk Southern property adjacent to 3125 Spring Garden St. in Greensboro, North Carolina. The access agreement was in place for Valspar Coatings Inc. from approximately 2005 to 2014. Sherwin-Williams acquired Valspar in 2017 and will be resuming the environmental remediation work on the property. See the scope of work below describing the groundwater sample collection from MW-6 & MW 7 already installed on the property. The scope includes collection of groundwater samples from existing monitoring wells MW-6 and MW-7. The scope will also include any necessary repairs to the existing monitoring wells. It is assumed that each well is still present and in suitable condition for sampling. A figure showing the locations of the monitoring wells is provided as Figure 1. Multiple rounds of groundwater sampling are planned and each sampling event will take approximately one day to complete. Purge water generated during the sampling activities will be containerized in a 55- gallon drum, labeled and staged at 3125 Spring Garden Street pending disposal at a permitted disposal facility. Based on the results of the initial phase of work, subsequent phases of investigation as deemed necessary to pursue site closure may be conducted, including the collection of soil samples or installation of additional monitoring wells. 3`�125 Spring Garden St Jt x ki w Tj L 4r' Y!�• �4 h_ ��`1 � f 4T ,SST ; Al rnename: U:�UoercawAMreseLu.wUwlvleIII I WAtUUM VVUKNWnMKvvDv MAw.Uvvv Inmals: ISH uneCKen. UK ADDrovea: UK Spring Garden Street ROW / N MW- / / • /x/ /• x /x .x E� N 5 O� G P� h / /' DP-11 ASPHALT PARKING 13125 Spring Garden Street BAIN OIL ' ADMINIST TIVE COMPANY OFFICES % \ STORAGE SB-MW-1 \ 'FINAL CANTEEN DP-10 T , REST- ROOMS • S pRAG E SHIPPING x \ ' LAB � AREAOC , OFFICES ARGENT REFINING ` . \ I CHEMICAL INC. . USAGE AREA \ IDx (PRODUCTIO ' DP-2 v o S 0 ®S x ' \ x DP-1 ' SILVER x R o w (ASPHALT) • ` • 'x �x MIXING Q LL DP-9� \ • _ VVA TANK ¢ -D STEVVA• > ° O MW-5D a ! TREATMENT q AREA HAZARDOUS / \ ' SB-MW-3 DP-4 SILVE� WASTE x • "FORMER NITMETAL STORAGE \ \ x x --- A Rq, DP-3 REFINING AMMONIA DP-8 OUTDOORCHEMICAL �x DP ' _ • , �R DP-5 HVDROX . • STORAGE AREA ROOM x — ' Norfolk Southern ROW _ _ _ — x SMW-6 CB- — •MMABLE �x STORAGE x x�x 19MW_] DISTILLED ANHYDROUS _ WATER TANKS x�x /CABINET AMMONIA r•f DP-7 •� X x�x_ TANK IJ �X'X� MW-9 _X'X—X_X SOUTHERN OUT TI-ROAD SHEWIN WILLIAMS FORMER VALSPAR MIRROR COATINGS FACILITY GREENSBORO, NORTH CAROLINA Project No.: 04191420.4168 Date: 2020-04-20 SITE MAP LEGEND —XX— BUILDING / STRUCTURE PARCELBOUNDARY FENCE LINE RAILROAD TRACK TOPOGRAPHIC SLOPE MW-4 MONITORING WELL LOCATION QQ DP-7 DIRECT PUSH SAMPLE LOCATION ® SB-3 SOIL BORING LOCATION • Proposed Monitoring Well Location 0 50 APPROX. SCALE, ft. AOcom Figure: 1 larket Pb,:_. .hopping . W._, we.-,t �IIIIII11111� ■ " uJ ■lIL11►►�►►►� Sl.e N,J�3, r7 n� �r Town e, I N&Greenstom RX61 ent Corp., GEBCO, USGS, FAO, Survey, Esri Japan, METI, Esri Chi, e4tMap contributors, and the GIS l �� Legend N Receptor Survey Map Figure Number E (0.5 Mile Radius) Site Location 3125 Spring Garden Street AECOM Environment 1600 Perimeter Park Drilve C 1 1/2 Mile Buffer S Greensboro, NC Suite 400 C Morrisville, North Carolina 27560 Parcels Feet V Phone: (919)461-1100 Fax: (919) 461-1495 Suspected WSW 0 280 560 1 ,1 20 www.aecom.com August 2019 Project #: 60603968 Client: Sherwin-Williams Greensboro WELL ID: Proposed Type II Well _ Project Number: 60635569 A:COM Site Location: 3125 Spring Garden Street, Greensboro, NC Date Installed: 14-Dec-20 Well Location: Coords: Inspector: Method: 4.25"ID HSA Contractor: Geologic Exploration PROPOSED MONITORING WELL CONSTRUCTION DETAIL Depth from G.S. (feet) Elevation (feet) Datum 12-inch diameter flush -mount steel vault to be set in 2'x2'x0.5' concrete pad Top of Riser Pipe 0.0 Ground Surface (G.S.) 0.0 Describe Measuring Point: Note: Depths are Riser P ipe: Length Diameter (ID) Type of Material Thickness Grout: Type Thickness Top of Bentonite 20 2" PVC Sch 40 neat cement 16' Benton ite Seal Thickness 3' Top of Sand Top of Screen Screen: Len gth 10 Dia meter (ID) 2" Slot Size 10 slot Type of Material PVC Thickness Sch 40 Type/Size of Sand #2 Sand Pack Thickness 12 Bottom of Screen Bottom of Tail Pipe: Bottom of Borehole Borehole Diameter 4.25" ID HSA Signature and will be adjusted based on field conditions. Not to scale. 16 19 20 30 30 30 Date