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WM0701249_Application_20210604
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: 5-27-2021 2. County: Lenoir FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): Monitoring 4. Applicant: Univar Solutions USA Inc. c/o Mark Kleiman Telephone: 919-259-6261 Applicant's Mailing Address: 503 SW Hampton Ct., Port St. Lucie, FL 34986 Applicant's Email Address (if available): mark.kleiman@univarsolutions.com 5. Contact Person (if different than Applicant): Hillary Goodell - Arcadis Telephone: 919-415-2268 Contact Person's Mailing Address: 5420 Wade Park Boulevard, Suite 350, Raleigh, NC 27607 Contact Person's Email Address (if available): hillary.goodell@arcadis.com 6. Property Owner (if different than Applicant): Joseph E and Dorothy R Hunter Telephone: Property Owner's Mailing Address: 289 Neuse Road, Kinston, NC 28501 Property Owner's Email Address (if available): 7. Property Physical Address (Including PIN Number) Neuse Road PIN 453404544207 City Kinston County Lenoir Zip Code 28501 8. Reason for Well(s): Groundwater 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: Former pesticide blending, packaging, and distribution (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). 11. Type of contaminants being monitored or recovered: Pesticides, VOCs (ex: organics, nutrients, heavy metals, etc.) 12. Are there any existing wells associated with the proposed well(s)? If yes, how many? 5 Existing Monitoring or Recovery Well Construction Permit No(s).: NA 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 200 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: Innovative Environmental Technologies, Inc. (IET) Certification No.: 3455-A Well Contractor Address: 232 Hwy 49 South 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: (add answers from 2 and 3) 5. How will the well(s) be secured? Locking well cap, 8" flush -mounted manhole cover in 2'x2' concrete pad. 6. Estimated beginning construction date: 6/1/21 7. Estimated construction completion date: 6/4/21 ADDITIONAL INFORMATION 1. As required by 15A NCAC 02C .0105(0(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. Ali 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 Signature of pplicant or *Agent M V Printed na e of Applicant or *Agent .3c:; A,J4,)4 C4Irc Title of Applicant or *Agent If signing as Agent, attach authorization agreement stating 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) *See attached access agreement 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 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone: (828) 296-4500 Fax: (828) 299-7043 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 Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Phone: (919) 791-4200 Fax: (919) 571-4718 Washington Regional Office 943 Washington Square Mali Washington. NC 27889 Phone: (252) 946-6481 Fax: (252) 975-3716 Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7215 Fax: (910) 350-2004 Winston-Salem Regional Office 450 W. Hanes Mill Road Suite 300 Winston-Salem, NC 27105 Phone: (336) 776-9800 Fax: (336) 776-9797 OW-22MR Rev. 3-1-2016 ARCAD I S WELL CONSTRUCTION DETAILS -TYPE II * see notes for details 1 LAND SURFACE 8 inch diameter drilled hole — Well casing, 2 inch diameter, Sch 40 PVC Grout Portland type I/II 3 ft* Bentonite 5 7 ft* ft* —Well Screen. 2 inch diameter Sch 40 PVC , 10 slot [X]Sand Pack 17 ft* 17 ft* Depth Below Land Surface Notes - Well will be completed at the surface with an 8" steel manhole cover within a 2'x2' concrete pad. w 0 LL X Mein fr AGRICULTURAL LARGE RESIDENTIAL PROPERTY (LRP) \ 1 RESIDENTIAL TIC & EAST CAROLI Nq RAILROAD AGRICULTURAL © 2019 Microsoft Corporation ©2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS [0 i. l LEGEND: SITE TAX PARCELS MW-1 MONITORING WELLS MW-6 -j- PROPOSED MONITORING WELLS HP-1 0 PROPOSED HYDROPUNCH LOCATIONS NOTE: 1. BASE MAP AND SAMPLE LOCATIONS FROM GIS FIGURES PROVIDED BY ERM. 0 100' • 200' GRAPHIC SCALE FORMER DALY HERRING FACILITY 403 NEUSE ROAD, KINSTON, LENOIR COUNTY, NC PROPOSED MONITORING WELLS ARCADIS "esyn&Consultancy for natural and buiLtassets FIGURE ACCESS AGREEMENT This ACCESS AGREEMENT ("Agreement") dated for reference purposes May 5, 2020 is made by and between Joseph and Dorothy Hunter ("Owner"), and Univar Solutions USA Inc. ("Univar Solutions"). RECITALS WHEREAS, Owner owns the real property located at SR 1804 Tract 1, Neuse Road, Kinston, North Carolina, which is identified as Lenoir county tax parcel number parcel 28841 (the "Property"). WHEREAS, Univar Solutions has retained Arcadis G&M of North Carolina, Inc. to conduct an environmental investigation and/or remedial action work ("Remediation Work") at and around the Property associated with historical activities performed at the Former Daly Herring Facility located at 403 Neuse Road in Kinston, North Carolina, which is defined as Lenoir county tax parcel number 26080. WHEREAS, as part of the Remediation Work, Univar Solutions and Arcadis G&M of North Carolina, Inc. desire access to the Property in order to complete certain activities more specifically described in Exhibit A ("Work"). WHEREAS, the North Carolina Department of Environmental Quality ("NCDEQ") is overseeing the Work and may require access to the Property in order to direct, monitor, or conduct activities related to the Work ("Oversight Activities"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Access to the Property. Subject to the provisions of this Agreement, Owner hereby grants to Univar Solutions and its authorized representatives, agents, contractors and subcontractors, including Arcadis G&M of North Carolina, Inc. (collectively, "Univar Solutions Parties") permission to enter the Property for the sole purpose of conducting the Work and any restoration activities authorized in Section 4, and hereby grants to NCDEQ and its authorized representatives, permission to enter the Property for the purpose of conducting the Oversight Activities. 2. Time of Entry. Univar Solutions Parties shall provide Owner with reasonable advance written notice of any intent to enter the Property and shall conduct all Work at reasonable times and in a reasonable manner so as to ensure the Work does not interfere with operations at the Property. ACCESS AGREEMENT Page 1 of 4 3. Performance of Work. Univar Solutions Parties shall comply with all applicable federal, state and local laws and regulations, and obtain all necessary permits and governmental approvals in conducting the Work. 4. Restoration of Property. Upon completion of Work or if Univar Solutions Parties cause damage to the Property in the course of conducting the Work, Univar Solutions Parties shall restore the area of the Property damaged by the Work to as near the condition existing before the Work commenced as practicable, or in an alternate manner as agreed to in writing by both Univar Solutions and Owner. 5. Results of Work. Univar Solutions Parties shall provide Owner with all validated analytical data obtained by Arcadis G&M of North Carolina, Inc. as part of the Work upon receiving a written request for such data from Owner. 6. Insurance and Indemnity. All Univar Solutions Parties that access the Property shall carry and maintain in full force throughout the term of this Agreement liability insurance with coverage limits of not less than $1,000,000 for personal injuries or property damage arising from the Work. Univar Solutions shall indemnify and hold Owner harmless against any claims or demands asserted against Owner by any third-party(ies) to the extent they arise out of the negligence or willful misconduct of Univar Solutions Parties in conducting the Work, but Univar Solutions shall not indemnify Owner against claims, causes of action, or demands arising out of the negligence or willful misconduct of Owner. 7. Notices. All notices and communications regarding this Agreement shall be in writing, shall be directed to the persons and addresses set forth below, and shall be deemed duly given: (a) when personally delivered to the other party; (b) one day after being sent via email; or (c) two days after being mailed to the other party by regular and certified mail, return receipt requested. Univar Solutions Parties: Univar Solutions USA Inc. c/o Mark Kleiman 503 SW Hampton Ct Port St Lucie, FL 34986 Mark.kleiman@unviarsolutions.com With a copy to: Arcadis G&M of North Carolina, Inc. c/o William Anckner 5420 Wade Park Boulevard, Suite 350 Raleigh, North Carolina 27607 William.anckner@arcadis.com ACCESS AGREEMENT Page 2 of 4 Owner: Joseph and Dorothy Hunter 289 Neuse Road Kinston, NC 28501 Either party may change the above designations by written notice to the other party. 8. Relationship of the Parties. Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent, or of partnership, or of joint venture, or of any other association between the parties. 9. Effect of Agreement. Nothing in this Agreement shall constitute an admission of fact, responsibility, fault, or liability of any kind, or constitute a waiver or limitation of any legal claim or defense available to any party. 10. Parties Bound and Assignment. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Neither party may assign the rights and obligations provided by this Agreement without the other party's prior written consent. 11. Authority to Execute. Each person executing this Agreement represents and warrants that he or she is fully authorized to execute this Agreement on behalf of the party he or she represents. 12. Entire Agreement and Amendment. This Agreement contains the parties' entire agreement and supersedes all prior agreements and understandings between the parties relating to its subject matter. This Agreement may not be amended or modified except by a written instrument duly executed by the parties. 13. Waiver and Severability. The waiver of performance of any covenant, term, or condition of this Agreement by either party shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. If a court of competent jurisdiction determines any provision of this Agreement is invalid or otherwise unenforceable, all of the remaining provisions shall remain in full force and effect. 14. Term of Agreement. Univar Solutions may terminate this Agreement at any time by providing written notice to Owner. Owner may terminate this Agreement at any time after completion of the Work or upon Univar Solutions Parties' breach of any term or condition of this Agreement by providing written notice to Univar Solutions Parties. ACCESS AGREEMENT Page 3 of 4 15_ Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of North Carolina. Venue for any action arising under this Agreement shall be in any court of competent jurisdiction in Lenoir County, North Carolina, and each party hereby agrees to jurisdiction in the State of North Carolina for all actions arising under this Agreement. The prevailing party in any action arising under this Agreement shall be entitled to an award of its reasonable attorneys' fees and costs. 16. Counterparts. This Agreement may be executed in multiple counterparts, and all such counterparts once so executed shall together be deemed to constitute one final agreement, as if one document had been signed by all parties, and each such counterpart, upon execution and delivery, shall be deemed a complete original, binding on the parties. An email copy of an original signature shall be deemed to have the same force and effect as the original signature. 17. Effective Date. This Agreement shall be effective as of the latest date of execution below. Owner: Signature: ) ,Jt.. 9-4 LtAiThL Print Name: a) ell-61'H R . Gb h +E,- Date: (Y i ts ) Title: r ( f E ^� Univar Solutions: Signature: /)t(, n { Date: 516 - ,(')7,�- Print Name: PA 4 L , l AA) Title: i;=-'4 -"' ciqr' ^)dujiwA( ACCESS AGREEMENT Page 4 of 4