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HomeMy WebLinkAboutWM0401304_Monitoring Well Permit Application_20210707NORTH 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: 6/24/2021 2. County: Randolph FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): 4. Applicant: NCDEQ (Scott Ryals) Monitoring Telephone: 919-707-8168 Applicant's Mailing Address: 1646 Mail Service Center, Raleigh, NC 27699 Applicant's Email Address (if available): Scott.ryals@ncdenr.gov 5. Contact Person (if different than Applicant): Ethan Dinwiddie - Terracon Consultants Telephone: 828-550-5502 Contact Person's Mailing Address: 2401 Brentwood Road, Suite 107, Raleigh, NC 27604 Contact Person's Email Address (if available): ethan.dinwiddie@terracon.com 6. Property Owner (if different than Applicant): NCDOT Division 8 Telephone: 910-944-2344 Property Owner's Mailing Address: 902 N. Sandhills Blvd, Aberdeen, NC 28315 Property Owner's Email Address (if available): 7. Property Physical Address (Including PIN Number) DOT ROW — SE of intersection of Beckerdite Road and US Highway 311 City Sophia County Randolph Zip Code 27350 8. Reason for Well(s): Groundwater contamination (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 gas station (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). UST Incident #6946 11. Type of contaminants being monitored or recovered: petroleum (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).: 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): Approximately 5 feet 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? Yes If yes, give distance(s): Between 240 to 460 feet 15. Well Contractor: James Barker, Quantex Certification No.: 3106 Well Contractor Address: 280 Lake Glad Rd, Wendell, NC 27591 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) 2. Number of wells to be constructed in unconsolidated 5. How will the well(s) be secured? Metal flush -mount material: 0 well cover and locking expansion cap 3. Number of wells to be constructed in bedrock: 1 4. Total Number of wells to be constructed: 1 (add answers from 2 and 3) 6. Estimated beginning construction date: July 29, 2021 7. Estimated construction completion date: July 29, 2021 1. 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 bonngs 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 Consultant Signature of Applicant or *Agent Title of Applicant or *Agent Ethan Dinwiddie on behalf of NCDEQ * If signing as Agent, attach authorization agreement Printed Printed name of Applicant or *Agent 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). 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 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 Mall 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 Wk �JJ 1"7 GW-22MR Rev. 3-1-2016 GW-22M (Rev. 5/11) GW-22MR (6/11) Proposed Monitoring Well Former 500-gallon diesel UST Former 500-gallon kerosene UST Former 2,000-gallon gasoline UST MI Former 5,000-gallon gasoline UST ME Former 6,300-gallon gasoline UST JSite Diagram Norfolk Southern Railroad PM: KFC Project No. 70207501 Drawn By: CEW Scale: 1 in=100ft Checked By: ECD File Path: Site Diagram Approved By: KFC lrerracon Proposed Monitoring Well Figure Tony Farlow Oil (UST Incident #6946) Highway 311 S. Sophia, Randolph County, NC 1 Date: 6/23/2021 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919) 873-9555 Path: N:\G'S\2020\70207501_TonyFarlowOil\Maps \70207501_Proposed Montoring Well.mxd Legend • Proposed Monitoring Well ▪ Water Supply Well (Suspected Active) Former 500-gallon diesel UST Former 500-gallon kerosene UST Former 2,000-gallon gasoline UST ▪ Former 5,000-gallon gasoline UST ▪ Former 6,300-gallon gasoline UST JSite Diagram Norfolk Southern Railroad Randolph County Parcel Boundary PM: KFC Project No. 70207501 Drawn By: CEW Scale: 1 in=125ft Checked By: ECD File Path: Site Diagram Approved By: KFC lrerracon Proposed Monitoring Well Figure Tony Farlow Oil (UST Incident #6946) Highway 311 S. Sophia, Randolph County, NC 1 Date: 6/25/2021 Path: N:\GIS\2020\70207501 2401 Brentwood Road, Suite 107 Raleigh, NC 27604 Phone: (919)873-2211 Fax: (919) 873-9555 _TonyFarlowOil\Maps \70207501_Proposed Montoring Well.mxd Well ID: MW-1 Project No.: 70207501 Site Location: US Highway 311 S, Sophia, NC Field Personnel: ECD Date: 6/24/2021 Location: SE of intersection of Beckerdite Rd and US Highway 311 Drilling Method: Driller: Hollow stem auger/Air rotary Quantex; James Barker lrerracon 2401 Brentwood Road Suite 107 Raleigh, NC 27604 919.873.2211 Land Surface Riser Pipe Diameter Material Proposed Monitoring Well Construction Diagram 2-inch PVC Length 40 ft Sand Pack Sand Size Well Screen No. 2 Diameter 2-inch Length 10 ft Slot Size 0.010-inch Material PVC Note: Not to scale >i Concrete Depth Below Land Surface (ft) 1 ft Bottom of Grout 36 ft Bottom of Bentonite Seal 38 ft Top of Screen 40 ft Bottom of Screen Bottom of Tail Pipe Bottom of Borehole 50 ft 50 ft 50 ft 6 Borehole Diameter (inches) STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR June 29, 2021 Terracon Consultants, Inc. 7327 Friendly Ave. Greensboro, NC 27410 SUBJECT: ENCROACHMENT AGREEMENT (E081-076-21-00143) Installing 2-inch Monitoring Well US-311 / SR-1009 Randolph County J. ERIC BOYETTE SECRETARY Attached is a properly executed copy of a Right of Way Encroachment Agreement which covers the following: Installation of permanent 2-inch monitoring well at SR-1009 and US-311 in Randolph County, and any associated pre -construction work. This permit is for NCDOT right of way only at mentioned location. This agreement is approved subject to the Special Provisions and plans which are attached to and made a part of the Encroachment Agreement. Any work associated with the subject project permitted under an NCDOT approved Driveway Permit shall be completed in accordance with this Encroachment Agreement. Sincerely, Patrick A. Norman, P.E. Division Engineer DocuSigned by: F1 A9CCB031 DF4C3... By: R. J. Monroe District Supervisor Attachments cc: Aaron Saunders, Randolph County Maintenance Engineer Mailing Address: Telephone: (336) 318-4000 Location: NC DEPARTMENT OF TRANSPORTATION Fax: (336) 318-4573 300 DOT DRIVE DISTRICT OFFICE Customer Service: 1-877-368-4968 ASHEBORO, NC 27205 300 DOT DRIVE ASHEBORO, NC 27205 Website: www.ncdot.gov E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Pre -Construction Contact Offices & Outside Agency issues/contacts/info Page 1 of 14 1. Approval may be rescinded upon failure to follow any of the provisions in this permit and may be considered a violation of the encroachment agreement. 2. The Encroaching party or their contractor shall provide the following notices prior to construction activity within the NCDOT Right of Way: a. Three (3) business days advance phone call at telephone (336) 318-4050 or email to Umccaskill(a,ncdot.gov to the District Engineer's office b. If the construction falls within the limits of an NCDOT managed construction project, five (5) business days advance phone call to the Resident Engineer, (336) 318-4020. Failure to provide these notifications prior to beginning construction is subject to the Division Engineer's discretion to cease construction activity for this encroachment. NCDOT reserves the right to cease any construction or maintenance work associated with this installation by the encroaching party until the construction or maintenance meets the satisfaction of the Division Engineer or their representative. 3. Prior to beginning work, it is the requirement of the Encroaching Party to contact the appropriate Utility Companies involved and make arrangements to adjust or relocate any utilities that conflict with the proposed work. 4. It shall be the responsibility of the encroaching party to determine the location of utilities within the encroachment area. NCGS § 87-115 through § 87-130 of the Underground Utility Safety and Damage Prevention Act requires underground utilities to be located by calling 811 prior to construction. The encroaching party shall be responsible for notifying other utility owners and providing protection and safeguards to prevent damage or interruption to existing facilities and maintain access to them. 5. The encroaching party shall notify the appropriate municipal office prior to beginning any work within the municipality's limits of jurisdiction. 6. Excavation within 1000 feet of a signalized intersection will require notification by the encroaching party to the Division Traffic Engineer at telephone number (910) 947-3930 no less than one week prior to beginning work. All traffic signal or detection cables must be located prior to excavation. Cost to replace or repair NCDOT signs, signals, pavement markings or associated equipment and facilities shall be the responsibility of the encroaching party. 7. This agreement does not authorize installations within nor encroachment onto railroad rights of way. Permits for installations within railroad right of way must be obtained from the railroad and are the responsibility of the encroaching party. 8. At the option of the District Engineer, a preconstruction meeting including representatives of NCDOT, the encroaching party, contractors and municipality, if applicable, shall be required. A pre -construction conference held between a municipality (or other facility owner) and a contractor without the presence of NCDOT personnel with subsequent construction commencing may be subject E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 2 of 14 to NCDOT personnel ceasing any work on NCDOT right-of-way related to this encroachment until such meeting is held. Contact the District office to schedule. 9. At the discretion of the District Engineer, a NOTIFICATION FOR UTILITY / NON -UTILITY ENCROACHMENT WITHIN NCDOT R/W form (See corresponding attachment) with the scheduled pre -construction meeting and associated construction schedule details must be completed and submitted to the District Engineer's office a minimum of one week prior to construction. 10. At the discretion of the District Engineer, the encroaching party (not the utility contractor) shall make arrangements to have a qualified inspector, under the supervision of a Professional Engineer registered in North Carolina, on site at all times during construction. The registered Professional Engineer shall be required to submit a signed and PE sealed certification that the utility was installed in accordance with the encroachment agreement. Legal & Right -of -Way Issues 11. This approval and associated plans and supporting documents shall not be interpreted to allow any design change or change in the intent of the design by the Owner, Design Engineer, or any of their representatives. Any revisions or changes to these approved plans or intent for construction must be obtained in writing from the Division Engineer's office or their representative prior to construction or during construction, if an issue arises during construction to warrant changes. 12. NCDOT does not guarantee the right of way on this road, nor will it be responsible for any claim for damages brought about by any property owner by reason of this installation. It is the responsibility of the encroaching party to verify the right of way. 13. Encroaching party shall be responsible for obtaining all necessary permanent and/or temporary construction, drainage, utility and/or sight distance easements. 14. All Right of Way and easements necessary for construction and maintenance shall be dedicated to NCDOT with proof of dedication furnished to the District Engineer prior to beginning work. 15. No commercial advertising shall be allowed within NCDOT Right of Way. 16. The encroaching party shall obtain proper approval from all affected pole owners prior to attachment to any pole. Work Zone Traffic 17. WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING PROGRAM All personnel performing any activity inside the highway right of way are required to be familiar with the NCDOT Maintenance / Utility Traffic Control Guidelines (MUTCG). No specific training course or test is required for qualification in the Maintenance /Utility Traffic Control Guidelines (MUTCG). All flagging, spotting, or operating Automated Flagger Assist Devices (AFAD) inside the highway right of way requires qualified and trained Work Zone Flaggers. Training for this certification is provided by NCDOT approved training resources and by private entities that have been pre -approved to train themselves. E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 3 of 14 All personnel involved with the installation of Work Zone Traffic Control devices inside the highway right of way are required to be qualified and trained Work Zone Installers. Training for this certification is provided by NCDOT approved training resources and by private entities that have been pre -approved to train themselves. All personnel in charge of overseeing work zone Temporary Traffic Control operations and installations inside the highway right of way are required to be qualified and trained Work Zone Supervisors. Training for this certification is provided by NCDOT approved training resources and by private entities that have been pre -approved to train themselves. For questions and/or additional information regarding this training program please refer to https://connect.ncdot.gov/projects/WZTC/Pages/Training.aspx or call the NCDOT Work Zone Traffic Control Section (919) 814-5000. 18. The party of the second part shall employ traffic control measures that are in accordance with the prevailing federal, state, local, and NCDOT policies, standards, and procedures. These policies, standards, and procedures include, but are not limited to the following: a. Manual on Uniform Traffic Control Devices (MUTCD) — North Carolina has adopted the MUTCD to provide basic principles and guidelines for traffic control device design, application, installation, and maintenance. North Carolina uses the MUTCD as a minimum requirement where higher supplemental standards specific to North Carolina are not established. Use fundamental principles and best practices of MUTCD (Part 6, Temporary Traffic Control). b. NCDOT Maintenance / Utility Traffic Control Guidelines — This document enhances the fundamental principles and best practices established in MUTCD Part 6, Temporary Traffic Control, incorporating NCDOT-specific standards and details. It also covers important safety knowledge for a wide range of work zone job responsibilities. 19. If the Traffic Control Supervisor determines that portable concrete barrier (PCB) is required to shield a hazard within the clear zone, then PCB shall be designed and sealed by a licensed North Carolina Professional Engineer. PCB plans and design calculations shall be submitted to the District Engineer for review and approval prior to installation. 20. Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special attention shall be paid to police, EMS and fire stations, fire hydrants, secondary schools, and hospitals. 21. Traffic shall be maintained at all times. All lanes of traffic are to be open during the hours of xxxx A.M. to xxxx A.M. and from xxxx P.M. to xxxx P.M. Monday through Friday, during any time of inclement weather, or as directed by the District Engineer. Any violation of these hours will result in ceasing any further construction by the Encroaching Party or their contractor. 22. Nighttime and weekend operations will NOT be allowed unless written approval is received from the District Engineer. If nighttime or weekend work is allowed or required, all signs must be retro- reflective, and a work zone lighting plan must be submitted for approval prior to construction. 23. Two-way traffic shall be maintained at all times unless designated by the District Engineer. Traffic shall not be rerouted or detoured without the prior written approval from the District Engineer. No utility work will be allowed on state holidays from 7:00 PM the night before through 9:00 AM the day prior to, following or during local events without prior approval from the District Engineer. If the construction is within 1000 feet of a school location or on a designated bus route, the construction shall be coordinated with the school start and end times to avoid traffic delays. E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 4 of 14 24. Work requiring lane or shoulder closures shall not be performed on both sides of the road simultaneously within the same area. 25. Any work requiring equipment or personnel within 5 feet of the edge of any travel lane of an undivided facility and within 10 feet of the edge of any travel lane of a divided facility shall require a lane closure with appropriate tapers per current NCDOT Roadway Standard Drawings or MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. 26. At the discretion of the District Engineer, a traffic control plan shall be developed and submitted under the seal and signature of a Licensed North Carolina Professional Engineer prior to construction. The plan shall be specific to the site and adequately detailed. Issues such as the close proximity to intersections shall be addressed. 27. Temporary and final pavement markings are the responsibility of the encroaching party. Final pavement markings and sign plans shall be submitted with the encroachment request to the Division Traffic Engineer prior to construction. Final pavement markings shall be thermoplastic unless otherwise directed by the Division Traffic Engineer or District Engineer. 28. Any pavement markings that are damaged or obliterated shall be restored by the encroaching party at no expense to NCDOT. 29. Sidewalk closures shall be installed as necessary. Pedestrian traffic shall be detoured around these closures and shall be signed appropriately and in accordance with The American with Disabilities Act Accessibility Guidelines. The encroaching party must adhere to the guidelines for accommodating pedestrians in encroachment work zones as described in the NCDOT Pedestrian Work Zone Accommodations Training found at https://www.youtube.com/watch?v=AOuYa5IW3dg&feature=youtu.be Roadside Environmental 30. The encroaching party shall comply with all applicable Federal, State and local environmental regulations and shall obtain all necessary Federal, State and local environmental permits, including but not limited to, those related to sediment control, stormwater, wetland, streams, endangered species and historical sites. Additional information can be obtained by contacting the NCDOT Roadside Environmental Engineer regarding the North Carolina Natural Heritage Program or the United States Fish and Wildlife Services. Contact the Division Roadside Environmental Engineer's Office at (910)773-8060 31. When surface area in excess of one acre will be disturbed, the Encroacher shall submit a Sediment and Erosion Control Plan which has been approved by the appropriate regulatory agency or authority prior to beginning any work on the Right of Way. Failure to provide this information shall be grounds for suspension of operations. Proper temporary and permanent measures shall be used to control erosion and sedimentation in accordance with the approved sediment and erosion control plan. 32. The Verification of Compliance with Environmental Regulations (VCER-1) form is required for all non -utility encroachment agreements or any utility encroachments when land disturbance within NCDOT right of way exceeds 1 acre. The VCER-1 form must be PE sealed by a NC registered professional engineer who has verified that all appropriate environmental permits (if applicable) have been obtained and all applicable environmental regulations have been followed. 33. All erosion control devices and measures shall be constructed, installed, maintained, and removed by the Encroacher in accordance with all applicable Federal, State, and Local laws, regulations, E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 5 of 14 ordinances, and policies. Permanent vegetation shall be established on all disturbed areas in accordance with the recommendations of the Division Roadside Environmental Engineer. All areas disturbed (shoulders, ditches, removed accesses, etc.) shall be graded and seeded in accordance with the latest NCDOT Standards Specifications for Roads and Structures and within 15 calendar days with an approved NCDOT seed mixture (all lawn type areas shall be maintained and reseeded as such). Seeding rates per acre shall be applied according to the Division Roadside Environmental Engineer. Any plant or vegetation in the NCDOT planted sites that is destroyed or damaged as a result of this encroachment shall be replaced with plants of like kind or similar shape. 34. No trees within NCDOT shall be cut without authorization from the Division Roadside Environmental Engineer. An inventory of trees measuring greater than 4 caliper inches (measured 6" above the ground) is required when trees within C/A right of way will be impacted by the encroachment installation. Mitigation is required and will be determined by the Division Roadside Environmental Engineer's Office. 35. Prior to installation, the Encroaching Party shall contact the District Engineer to discuss any environmental issues associated with the installation to address concerns related to the root system of trees impacted by boring or non -utility construction of sidewalk, roadway widening, etc. 36. The applicant is responsible for identifying project impacts to waters of the United States (wetlands, intermittent streams, perennial streams and ponds) located within the NCDOT right-of-way. The discharge of dredged or fill material into waters of the United States requires authorization from the United States Army Corps of Engineers (USACE) and certification from the North Carolina Division of Water Quality (NCDWQ). The applicant is required to obtain pertinent permits or certification from these regulatory agencies if construction of the project impacts waters of the United States within the NCDOT right-of-way. The applicant is responsible for complying with any river or stream Riparian Buffer Rule as regulated by the NCDWQ. The Rule regulates activity within a 50-foot buffer along perennial streams, intermittent streams and ponds. Additional information can be obtained by contacting the NCDWQ or the USACE. 37. The contractor shall not begin the construction until after the traffic control and erosion control devices have been installed to the satisfaction of the Division Engineer or their agent. 38. The contractor shall perform all monitoring and record keeping and any required maintenance of erosion and sediment control measures to maintain compliance with stormwater regulations. Construction General 39. An executed copy of the encroachment agreement, provisions and approved plans shall be present at the construction site at all times. If safety or traffic conditions warrant such an action, NCDOT reserves the right to further limit, restrict or suspend operations within the right of way. 40. The Encroaching Party and/or their Contractor shall comply with all OSHA requirements. If OSHA visits the work area associated with this encroachment, the District Office shall be notified by the encroaching party immediately if any violations are cited. E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 6 of 14 41. Any REVISIONS marked in RED on the attached non -PE sealed plans shall be incorporated into and made part of the approved encroachment agreement. 42. All disturbed areas are to be fully restored to current NCDOT minimum roadway standards or as directed by the Division Engineer or their representative. Disturbed areas within NCDOT Right -of - Way include, but not limited to, any excavation areas, pavement removal, drainage or other features. 43. The encroaching party shall notify the Division Engineer or their representative immediately in the event any drainage structure is blocked, disturbed or damaged. All drainage structures disturbed, damaged or blocked shall be restored to its original condition as directed by the Division Engineer or their representative. 44. A minimum of 5 feet clearance is required for utility installations beneath or near drainage pipes, headwalls, and a minimum of two -foot clearance below the flowline of streams. If directional drilling, a minimum ten -foot clearance distance is required from drainage structures and a minimum of 5 feet below flowline of streams. 45. At points where the utility is placed under existing storm drainage, the trench will be backfilled with excavatable flowable fill up to the outside diameter of the existing pipe. 46. Unless specified otherwise, during non -working hours, equipment shall be located away from the job site or parked as close to the right of way line as possible and be properly barricaded in order not to have any equipment obstruction within the Clear Recovery Area. Also, during non -working hours, no parking or material storage shall be allowed along the shoulders of any state -maintained roadway. 47. No access to the job site, parking or material storage shall be allowed along or from the Control of Access Roadway. 48. Guardrail removed or damaged during construction shall be replaced or repaired to its original condition, meeting current NCDOT standards or as directed by the Division Engineer or their representative. 49. Right of Way monuments disturbed during construction shall be referenced by a registered Land Surveyor and reset after construction. 50. All Traffic signs moved during construction shall be reinstalled as soon as possible to the satisfaction of the Division Engineer or their representative. 51. Any utility markers, cabinets, pedestals, meter bases and services for meter reading required shall be as close to the Right of Way line as possible. If it is not feasible to install at or near Right of Way line, then written approval shall be obtained from NCDOT prior to installation. 52. Detection tape, where required by NCGS § 87-115 through § 87-130 of the Underground Utility Safety and Damage Prevention Act, shall be buried in the trench approximately 1 foot above the installed facility. Where conduit is installed in the right of way and is not of ferrous material, locating tape or detection wire shall be installed with the conduit. 53. All driveways disturbed during construction shall be returned to a state comparable with the condition of the driveways prior to construction. 54. Conformance with driveway permit review should be required in conjunction with this encroachment agreement. In the event there is a conflict between the driveway permit and the encroachment agreement, the District Engineer should resolve the conflict and notify the parties involved. E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 7 of 14 55. If the approved method of construction is unsuccessful and other means are required, prior approval must be obtained through the District Engineer before construction may continue. Engineering 56. All traffic control, asphalt mixes, structures, construction, workmanship and construction methods, and materials shall be in compliance with the most -recent versions of the following resources: ASTM Standards, Manual on Uniform Traffic Control Devices, NCDOT Utilities Accommodations Manual, NCDOT Standard Specifications for Roads and Structures, NCDOT Roadway Standard Drawings, NCDOT Asphalt Quality Management System manual, and the approved plans. 57. Prior approval for any blasting must be obtained from the Division Engineer or their representative. 58. Regulator stations, metering stations, cathodic test stations, and anode beds are not permitted within NCDOT right of way. Header wires are permitted. 59. Non -Utility Communication and Data Transmission installations (ground mounted type or Small Cell pole -mounted type) must adhere to guidelines in the Utilities Accommodations Manual and, when located within municipal jurisdictions, are subject to review and approval by municipal ordinances and any additional municipal approval for proximity to historic districts and landmarks. All wiring and related telecommunications work shall conform to the latest regulations by the Federal Communications Commission. 60. All wiring and related electrical work shall conform to the latest edition of the National Electrical Safety Code. Location within R/W 61. All utility access points, such as manholes, vaults, handholes, splice boxes and junction boxes shall be located as close to the right of way line as possible and shall not be placed in the ditch line, side slopes of the ditches or in the pavement. All manholes, handholes, splice boxes, junction boxes and vaults and covers shall be flush with the ground when located within the vehicle clear zone. Slack loops for telecommunications in industry standard housing units shall be buried a minimum of 18 inches when buried or meet minimum NCDOT vertical and horizontal clearances when installed aerially. 62. Fire Hydrants shall be of the breakaway type. Hydrants shall be placed near the right of way line. In curb and gutter sections with written approval from the District, the hydrants may be placed at 6' behind the back of the curb or minimum 2' back of sidewalk. 63. Luminaire and/or utility poles and guy wires shall be set as close to the Right of Way line as practical and outside the Clear Zone in accordance with the latest version of the AASHTO Roadside Design Guide (See corresponding attachment) or made breakaway in accordance with the requirements of NCHRP Report 350. Any relocation of the utility poles from the original design due to Clear Zone requirements shall require a re -submittal for the utility design. 64. Luminaire and/or utility poles shall be set a minimum of 5'-6" behind face of any guardrail or otherwise sufficiently protected. However, standard placement may be reduced to 3'-6" behind face of guardrail when posts are spaced 3'-1 1/2", or where speed limit is less than 55 MPH. E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 8 of 14 65. Hot box (aka ASSE 1060) or Safe-T-Cover type enclosures covering utility main pipe joints, backflow preventers, valves, vent pipes, cross connections, pumps, grinders, irrigation assemblies, transformers, generators, and other similar large appurtenances shall be located outside sight distance triangles and off of the NCDOT Right -of -Way. 66. Sprinkler heads shall be located a minimum of 10 feet from the edge of pavement, edge of shoulder, or back of curb whichever is greater and shall be directed so that water does not spray or drain on the roadway surface, sidewalk, or passing vehicles at any time. Upon completion of the installation and prior to activation of the system, the Encroacher shall contact the District Engineer to schedule a test of the system to verify the spray pattern. Sprinkler systems shall not be operated during periods of high wind or freezing weather, or to the extent that the subgrade adjacent to the pavement structure becomes saturated. NCDOT reserves the right to require immediate termination and removal of any sprinkler system which in its judgement and opinion adversely affects safety, maintenance, or operation of the roadway. Excavation 67. Excavation material shall not be placed on pavement. 68. It is the responsibility of the encroaching party or their contractor to prevent any mud/dirt from tracking onto the roadway. Any dirt which may collect on the roadway pavement from equipment and/or truck traffic on site shall be immediately removed to avoid any unsafe traffic conditions. 69. The utility shall be installed within 5 feet of the right of way line and outside the 5-foot minimum from travel lane plus theoretical 2:1 slope from the edge of pavement to the bottom of the nearest excavation wall for temporary shoring. If the 2:1 slope plus 5 feet requirement above is met for traffic, then temporary shoring is typically only necessary to protect roadways from damage when a theoretical 1:1 slope from the edge of pavement intersects the nearest excavation wall. This rule of thumb should be used with caution and does not apply to all subsurface conditions, surcharge loadings and excavation geometries. Situations where this 1:1 slope is not recommended include groundwater depth is above bottom of excavation or excavation is deeper than 10 feet or in Type B or C soils as defined by OSHA Technical Manual. Temporary shoring may be avoided by locating trenches, bore pits, and other excavations far enough away from the open travel lane, edge of pavement and any existing structure, support, utility, property, etc. to be protected. Temporary shoring is required when a theoretical 2:1 slope from the bottom of excavation will intersect the existing ground line less than 5 feet from the outside edge of an open travel lane as shown in the figure below or when a theoretical 2:1 slope from the bottom of excavation will intersect any existing structure, support, utility, property, etc. to be protected. Open Travel 14 Lane A 5 ft Existing Ground PI min Line Theoretical 2:1 (H:V) Slope Edge of /.....**••••• Pavement Bottom of V H •. Excavation E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 9 of 14 Temporary shoring shall be designed and constructed in accordance with current NCDOT Standard Temporary Shoring provisions (refer to https ://connect.ncdot. gov/resources/Specifications/Pages/2018-Specifications-and- Special-Provisions.aspx and see SP11 R002). a. Temporary excavation shoring, such as sheet piling, shall be installed. The design of the shoring shall include the effects of traffic loads. The shoring system shall be designed and sealed by a licensed North Carolina Professional Engineer. Shoring plans and design calculations shall be submitted to the Division Engineer for review and approval prior to construction. (See NCDOT Utilities Accommodations Manual for more information on requirements for shoring plans and design calculations.) Trench boxes shall not be accepted as temporary shoring and will not be approved for use in instances where shoring is required to protect the highway, drainage structure, and/or supporting pavement or structure foundation. b. All trench excavation inside the limits of the theoretical one-to-one slope, as defined by the policy, shall be completely backfilled and compacted at the end of each construction day. No portion of the trench shall be left open overnight. Any excavation that is not backfilled by the end of the workday must address any safety and traveling public concerns including accommodations for bicycles, pedestrians and persons with disabilities. c. The trench backfill material shall meet the Statewide Borrow Criteria. The trench shall be backfilled in accordance with Section 300-7 of the latest NCDOT Standard Specifications for Roads and Structures, which basically requires the backfill material to be placed in layers not to exceed 6 inches loose and compacted to at least 95% of the density obtained by compacting a sample in accordance with AASHTO T99 as modified by DOT. d. At the discretion of the Division Engineer, a qualified NCDOT inspector shall be on the site at all times during construction. The encroaching party shall reimburse NCDOT for the cost of providing the inspector. If NCDOT cannot supply an inspector, the encroaching party (not the utility contractor) should make arrangements to have a qualified inspector, under the supervision of a licensed North Carolina Professional Engineer, on the site at all times. The Professional Registered Engineer shall certify that the utility was installed in accordance with the encroachment agreement and that the backfill material meets the Statewide Borrow Criteria. e. The length of parallel excavation shall be limited to the length necessary to install and backfill one joint of pipe at a time, not to exceed twenty-five (25) feet. 70. All material to a depth of 8 inches below the finished surface of the subgrade shall be compacted to a density equal to at least 100% of that obtained by compacting a sample of the material in accordance with AASHTO T99 as modified by the Department. The subgrade shall be compacted at a moisture content which is approximately that required to produce the maximum density indicated by the above test method. The contractor shall dry or add moisture to the subgrade when required to provide a uniformly compacted and acceptable subgrade. The option to backfill any trenches with dirt or either #57 stone or #78 stone with consolidation with a plate tamp and without a conventional density test may be pursued with the written consent of the District Engineer. If this option is exercised, then roadway ABC stone and asphalt repair as required will also be specified by the District Engineer. Directional bore 71. Boring equipment will be provided of a type and size to facilitate boring in the local geologic conditions and shall be able to facilitate the encroachment work. 72. When Horizontal Directional Drilling (HDD) is used, the following stipulations apply: a. Use drilling fluids as appropriate for the type soils but use of water alone is prohibited. Pump drilling fluids only while drilling or reaming. Directional boring using jetting with a Bentonite (or equivalent material) slurry is recommended. Monitor flow rates to match the E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 10 of 14 amount leaving the bore hole and do not increase pressure or flow to free stuck drill heads, reamers or piping. Open cutting to retrieve stuck drill heads is not allowed without prior permission from the District Engineer. b. The minimum depth shall adhere to the table below for transverse (under non -controlled access, partial controlled access, or limited controlled access roadway) installations and refers to maximum diameter of hole drilled and not the dimension of the carrier or encasement pipe. Diameter of Drilled Hole (Backream) 2" to 6" Minimum Depth of Cover 5 feet >6" to 15" 12 times hole diameter (e.g. 6-inch hole means 6 feet minimum depth) >15" to 36" 15 feet or greater c. Under fully controlled access roadway installations, the minimum depth for transverse crossings shall be 15 feet under any pavement (ramps or thru lanes) d. An overbore (backream diameter) shall not be more than 1.5 times the outside diameter of the pipe or encasement under any highway for pipes 12 inches in diameter or less. For pipes with outer diameter larger than 12 inches, the overbore may be no larger than outer diameter of pipe plus 6 inches. An overbore exceeding 1.5 times greater than the outside diameter of the pipe or encasement may be considered if the encroachment agreement includes a statement signed and sealed by a licensed North Carolina Professional Engineer indicating that an overbore in excess of 1.5 times the outside diameter of the pipe or encasement will appropriately arch and no damage will be done to the pavement or sub -grade. e. Directional boring is allowed beneath embankment material in naturally occurring soil. f. Any parallel installation utilizing the directional boring method shall be made at a minimum depth of three (3') feet (cover) below the ground surface and outside the theoretical 1:1 slope from the existing edge of pavement except where the parallel installation crosses a paved roadway. g. All directional bores shall maintain ten (10) feet minimum (clear) distance from the nearest part of any structure, including but not limited to bridges, footings, pipe culverts or box culverts. Directional bores are not allowed beneath bridge footings, culvert wingwall footings, slope protection or retaining walls. h. The tip of the drill string shall have a cutter head. i. Detection wire shall be installed with non-ferrous material. j. HDPE pipe installed by directional boring shall not be connected to existing pipe or fittings for one (1) week from the time of installation to allow tensional stresses to relax. Aerial clearances 73. Vertical clearance of overhead power and communication lines shall meet the National Electrical Safety Code requirements except the minimum vertical clearance shall be 18' for crossings over NCDOT roadways (24' over Fully Controlled Access roadways) and 16' for parallel installations. 74. In relation to the bridge, the utility line shall be located with minimum clearances as indicated on the attachment for NCDOT Required Clearances for Aerial Installations by Encroachment Near Bridge Structures. E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Pavement Detail and Repair Page 11 of 14 75. The paving of this roadway shall be in accordance with the latest version of NCDOT Standard Specifications, Sections 610, 1012 and 1020. The Contractor shall follow all procedures of the Quality Management System (QMS) for asphalt pavement - Maintenance Version (see https://connect.ncdot. gov/resources/Materials/MaterialsResources/2018%20QMS%20Asphal t%20Manual.pdf). The Contractor must adhere to all testing requirements and quality control requirements specified. 76. When paving beyond utility installation is involved, a Roadway certification report sealed by a Professional Engineer shall be submitted to the District Engineer's office indicating the following: • Pavement thickness by type • Pavement density, core and/or test locations • Base thickness • Base density • Subgrade density Test frequency and method shall be in conformance with the NCDOT Materials and Tests Manual. Test must be performed by a Certified Technician including name and Certification number on report. 77. The minimum pavement design for pavement repair shall be according to NCDOT Standard Drawing 654.01 (https://connect.ncdot.gov/resources/Specifications/2018 StandardRdwyDrawings/Division%2006%2 0Asphalt%20Bases%20and%20Pavements.pdf) and shall include a mechanical overlay extent to be a minimum of 25 feet each side of the pavement repair area OR as directed by the District Engineer. 78. Pavement cuts shall be repaired the same day the cuts are made unless an asphalt patch cannot be accomplished the same day due to material availability or time restrictions. When the asphalt patch is not feasible, the following apply: a. The pavement cut shall be filled to the surface with ABC stone or Flowable Fill per NCDOT's Standards and Specifications. b. Once the cut is filled, a minimum 3/4-inch steel plate shall be placed and pinned to prevent moving. Plates shall be designed large enough to span a minimum of 1-foot on all sides on the pavement cut. c. When flowable fill is used, it shall cure for 24 hours prior to any asphalt material placement. Flowable fill bleed water shall not be present during paving operations. Paving shall not cause damage (shoving, distortion, pumping, etc.) to the flowable fill. d. Install and leave "BUMP" signs according to MUTCD until the steel plate has been removed. Once the flowable fill has cured, remove the steel plate, and mill/fill according to the directions of the District Engineer. e. All pavement cuts must be sealed with NCDOT approved sealant to prevent future pavement separation or cracking. 79. Any pavement damaged because of settlement of the pavement or damaged by equipment used to perform encroachment work, shall be re -surfaced to the satisfaction of the District Engineer. This may include the removal of pavement and a 50' mechanical overlay. All pavement work and pavement markings (temporary and final) are the responsibility of the Encroaching Party. E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Post Construction Close out/ Inspection Page 12 of 14 80. The Encroaching party shall notify the District Engineer's office within 2 business days after construction is complete. The District Engineer may perform a construction inspection. Any deficiencies may be noted and reported to the encroaching party to make immediate repairs or resolve any issues to restore the right-of-way to a similar condition prior to construction, including pavement, signage, traffic signals, pavement markings, drainage, structures/pipes, or other highway design features. 81. At the discretion of the District Engineer, a final inspection report may be provided to the encroaching party upon satisfactory completion of the work. 82. A written acknowledgement of the completed work by the District Engineer's office begins the one- year warranty period associated with the performance bond. 83. If the actual construction differs from the approved plans associated with this encroachment, a copy of "as -built" plans shall be submitted to the District Engineer's office in a PDF format and in a current ESRI GIS format within 4 weeks of construction. E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Roadside Design (rwde Attachment for Clear Zone Guidelines from AASHTO Clear - Zone Tc Ia1e TABLE 3.t (Cdnt'd) J.S. Custom ary Units Page 13 of 14 DESIGN SPEED DESIGN ALIT -- FQRE LOPES EACKSLOPES - - 1V:6H or (latter IV:511TV 1 V:41-1 1V;341 1V:311 1V5HTO 1V:4H IV:611 or flitter 40 iiipli UNDER 750 7 - 10 7- 10 }* I 7 - ID 7 - 10 7 - 10 or 750-1500 10-12 12-14 ** 10-12 10-12 10-12 Icss 1500-6000 12-14 14-16 f• 12-14 12-14 12 14 OVER6000 14- 16 . 16•-18 *• I 14--16 14-16 14- 16 ___45-50 UNDER 750 10-12 12-14 ** 8-l0 8-10 TO-1x mph 750-1500 14-16 16-20 *• 10-12 12-14 14- 16 1 500 - 6000 116 - Ili 20 - 26 * • 12 -14 14- 16 16--18 OVER6000 20• •22 24-28 ** 14-16 18-20 20-22 55mph UNDER750 12- 14 14-18 ** 8-10 10-12 10-12 750-1504 1h-18 20-24 *• 10-12 14-16 16--18 1500-6000 20-22 24-30 is 14-16 16-18 20-22. OVER 6000 22-24 26--32• vs 16-18 20-22 22-24 60mphh UNDER.7S0 16-I8 20-24 ** 10-12 12-14 14-16 750--1500 20-24 26-32* ** 12--14 16-18 20-22 1500-6000 26--30 32-404 +s 14-18 18--22 24-26 OVER6000 30-32* 36-44* ** 24--22 24-26 26-2K 65-70 UNDER 750 18-20 20-26 •s 10-12 14-16 14-16 mph 750 - 1500 24 - 26 28 - 36' *s 12-16 18 - 20 20 - 22 1500-6000 28-32 • 34-42* a* 16-20 22-24 26-2g OVElt6000 30-34• 38--46• •* 22-24 26-30 28-30 * Where a site specific investigation indicates a high probability of continuing crashes, or such occurrences are indicated by crab history, the designer ally provide clear -zone distances greater than the clear-wvm shown in Table 3.1. Clear zones may be limited to 30 fl for practicality an4 10 provide 4 consistent ruadwiy template if previous experience with similar projects or designs indicates satisfactory performance. ** Since recovery is Tess likely on lire unshielded, traversable I v:3H slopes, fixed objects should not be present in the vicinity of the toe of these slopes. Recovery of high-speed ...Aides That encroach beyond the edge or the sboufder may be expected to occur beyond the toe of slope. Determination or the width of the recovery area at the toe of slope should take into consideration right-of-way availability, environmental concerns, economic Motors, safety needs, and crash histories, Also, the distance between the edge of the through traveled lane and the beginning of the 1V:31-1 slope should influence the recovery vita provided at the toe of slope. While the application may be limited by several factors, the fores]ope parameters which may cntcr into determining a maximum desirable recovery area are illustrated in Figure 3.2. E081-076-21-00143 ENCROACHMENT SPECIAL PROVISONS Randolph County Terracon Consultants, Inc. Page 14 of 14 NCDOT Required Clearances for Aerial Installations Near Bridge Structures NOT TO SCALF, Any variation to this detail must be approved by the Division Engineer and/or State Utilities Manager. Published by NCDOT Utilities Unit June 2020 **Minimum sag clearance height (See Note 2) Bridge Rail (design varies) Horizontal Clearance to wire nearest bridge*** 1 ► Minimum = 8 Feet + Table 'A' for power OR telecommunications. Any exception must be coordinated with Division Bridge personnel prior to Bridge Deck Utility Pole (Typical -Power and/or Telecommunications) Varies **See Note 2 Table A — Minimum Horizontal Clearance Distances to POWER Lines (from OSHA) VOLTAGE (nominal, kV, alternating current) MINIMUM CLEARANCE (feet) Upto5D 10 Over 50 to 200 15 Over 200 to 350 20 Over 350 to 500 25 Over 500 to 750 35 Over750 to 1000 45 Over 1000 As established by the utility owner/operator or registered professional engineer who is a qualified' person with respect to electrical power transmission and distribution ♦ Imo Energized Phase Conductor Power Lines (Typical)* Neutral Conductor (Varies in location attached to pole)* Telecommunications line(s) mounted below any power line OR on dedicated telecommunication poles without power lines* *Note 1: Aerial lines extending to next pole with lowest elevation at sag point. Aerial lines drawn as 3-D effect to represent typical minimum parallel installation to bridge. Top of bridge deck extended A • Distance varies to ground where pole is installed **Note 2- MINIMUN SAG CLEARANCE HEIGHT is 25 feet (applies to telecommunications AND power). ***Note 3: HORIZONTAL CLEARANCE EXCEPTION. If vertical sag clearance height for power above bridge deck is >_ 45 feet AND voltage is <_ 350kV, then Minimum Horizontal Clearance may be reduced to 3 feet. Any telecommunications attachment to power pole allowed in this exception must have a minimum 25 feet sag clearance height above bridge deck. ROUTE US311/SR1009 STATE OF NORTH CAROLINA PROJECT Tony Farlow Oil COUNTY OF Randolph DEPARTMENT OF TRANSPORTATION -AND- Terracon Consultants, Inc. on behalf of North Carolina Department of Environmental Quality RIGHT OF WAY ENCROACHMENT AGREEMENT FOR NON -UTILITY ENCROACHMENTS ON PRIMARY AND SECONDARY HIGHWAYS Permit for NCDOT right of way only. THIS AGREEMENT, made and entered into this the 29 day of ,sane 20 21 of Transportation, party of the first part; and Terracon Consultants, Inc. on behalf of , by and between the Department North Carolina Department of Environmental Quality party of the second part, WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) US311/SR1009 , located approximately 50 feet southeast of the intersection of Beckerdite Rd and US311/SR1009 with the construction and/or erection of: one permanent 2-inch diameter monitoring well WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and maintenance operations. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herei n is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the second part from the party of the first part. FORM R/W 16.1A (Revised February 2021) R/W (161A) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R/W (161A) incorporating all revisions to date. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above written. ATTEST OR WITNESS: EEthan C. Dinwiddie DEPARTMENT OF TRANSPORTATION By: ^ DocuSigned by: BY: Patrick A. Norman, PE te• i. Al.bin.V'Ot, DIVISION ENGINEER '-F1A9CCB031DF4C3.. Dist. Supervisor JListn L. Fabriziani 6/25/2021 6/25/2021 Second Party INSTRUCTIONS When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of the State Utilities Manager. In the space provided in this agreement for execution, the name of the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this agreement and the names of all persons signing the agreement should be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and ramps. 2. Right of way lines and where applicable, the control of access lines. 3. Location of the proposed encroachment. 4. Length and type of encroachment. 5. Location by highway survey station number. If station number cannot be obtained, location should be shown by distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the Raleigh office.) 6. Drainage structures or bridges if affected by encroachment. 7. Typical section indicating the pavement design and width, and the slopes, widths and details for either a curb and gutter or a shoulder and ditch section, whichever is applicable. 8. Horizontal alignment indicating general curve data, where applicable. 9. Vertical alignment indicated by percent grade, P.I. station and vertical curve length, where applicable. 10. Amount of material to be removed and/or placed on NCDOT right of way, if applicable. 11. Cross -sections of all grading operations, indicating slope ratio and reference by station where applicable. 12. All pertinent drainage structures proposed. Include all hydraulic data, pipe sizes, structure details and other related information. 13. Erosion and sediment control. 14. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that such information cannot be shown on plans or drawings. 15. The Department's Division Engineer should be given notice by the applicant prior to actual starting of installation included in this agreement. 16. Method of handling traffic during construction where applicable. 17. Scale of plans, north arrow, etc. Workforce Safety Plan: COVID-19 NCDOT Encroachment ID#: E081-076-21-00143 WORKFORCE SAFETY PLAN FOR ENCROACHMENT ACTIVITIES: COVID-19 EFFORTS THE N.C. TRANSPORTATION INDUSTRY IS TAKING TO STOP THE SPREAD OF COVID-19 The North Carolina Department of Transportation (NCDOT) and their partners expect all parties involved in the delivery of transportation projects to abide by the guidelines issued from the Centers for Disease Control and Prevention (CDC) and the North Carolina Department of Health and Human Services (NCDHHS). Response to COVID-19 is rapidly evolving; new information and guidelines may be issued from the CDC, NCDHHS, or other state or federal agencies. NCDOT and their partners should review the current CDC and NCDHHS guidance, including the resources listed at the end of this document, for up-to-date information on how to respond to COVID-19. Additional guidelines may be issued by state or federal agencies that should be followed in addition to the guidance included in this document. Though certain Americans with Disabilities Act (ADA) requirements have been relaxed in response to the pandemic, employers must still maintain all information about employee illness as a confidential medical record in compliance with the ADA. If an employee is suspected of having or tests positive for COVID-19, it is essential that management keep the identity of the employee and details related to the employee's health confidential. Below are precautions required by NCDOT and from encroaching parties and their contractors performing construction within NCDOT Rights of Way. The term employee refers to any person on a job site within NCDOT right of way for the purpose of constructing or inspecting the work related to construction of a facility under an approved encroachment agreement and where that employee may or may not be under employment by or under contract to NCDOT. EMPLOYEE WELLNESS • If an employee has not yet reported to work and develops any COVID-19 symptoms (i.e. fever, coughing, or shortness of breath) — STAY HOME and immediately: o Call a health care provider o Self -Isolate o Communicate with your supervisor o Remain calm and follow all instructions from your health care provider • Employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work, or become sick during the day, should be separated from others and sent home immediately. The potentially affected employees should immediately follow the steps outlined above, which includes immediately contacting a health care provider. • Should an employee show symptoms of acute respiratory illness or be diagnosed with COVID-19, all other employees who have worked in close proximity to the affected employee during the last 14 Updated: 4/11/2020 Page 1 Workforce Safety Plan: COVID-19 NCDOT Encroachment ID#: E081-076-21-00143 days and all encroachment points of contact indicated at the end of this plan should be notified of potential exposure to the disease without identifying the affected employee. • Consideration should be given to employees at "High Risk" of severe illness from COVID-19, who, per NCDHHS, include employees: o Over 65 years of age, OR o With underlying health conditions including heart disease, lung disease, or diabetes, OR o With weakened immune system • "High Risk" Employees should be given the opportunity to discuss alternate work arrangements/duties with their employer or take leave according to their company policies. • For guidance on confirmed positive tests for COVID-19, refer to the most recent version of the "COVID-19 Guidance for Employees on Encroachment Job Sites within NCDOT Right of Way" located on last page of this plan. PERSONAL HYGIENE • Clean hands often by washing with soap and water for 20 seconds. If soap and water are not available and hands are not visibly dirty, an alcohol -based hand sanitizer that contains 60%-95% alcohol may be used. • Avoid touching your eyes, nose, mouth, or other parts of your face. • Do not breathe, cough, or sneeze on another person or into the open air. Employees should cover their noses and mouth with a tissue when coughing or sneezing (or an elbow or shoulder if no tissue is available). • A facemask for covering nose and mouth is encouraged on the job site. • Appropriate gloves are encouraged while performing functions of the job. CLEANING/DISINFECTING • Wash stations and/or hand sanitizer are encouraged on each project site. • Appropriate cleaning staff should clean frequently touched surfaces and objects with disinfectants at a minimum of once per day. o Office/buildings: door knobs, light switches, phones, computers/keyboards, copy machines, elevator buttons, toilets, faucets, sinks, countertops, paper towel dispensers, desktops, handrails, folders, vending machines, counters, tables, cabinets/knobs, etc. o Shop Yard/Jobsite: vehicle/equipment door handles, keys, gear shifts, steering wheel/operator controls and levers, fuel pump dispensers, touch points on machinery, etc. o Electronic equipment: cell phones, computers, keyboards, etc. • Appropriate cleaning staff should sanitize/disinfect facilities and work areas after persons suspected/confirmed to have COVID-19 have been in the facility or work area. Updated: 4/11/2020 Page 2 Workforce Safety Plan: COVID-19 NCDOT Encroachment ID#: E081-076-21-00143 o It is recommended to close off access to areas used by the ill persons and wait as long as practical, 24 hours if possible, before beginning cleaning and disinfection to minimize potential for exposure to respiratory droplets. Open outside doors and windows to increase air circulation in the area if possible. o Appropriate cleaning staff should clean and disinfect all areas used by the ill persons, focusing especially on frequently touched surfaces. GENERAL • Increase communication measures between all parties regarding schedule, daily activities, etc. to reduce/minimize worker exposure in accordance with but not limited to the requirements below. • Minimize on -site personnel such as subcontractors, work crews, QC personnel, and inspection staff to those required for that day's activities. If work is postponed or cancelled, immediately notify appropriate parties. • Practice "Social Distancing" whenever feasible. Social Distancing is designed to limit the spread of a disease by reducing the opportunities for close contact between people. All personnel have the responsibility to remind each other to stay 6 feet or more apart. Examples of Social Distancing include: o Reducing face-to-face exposure by using conference calls and video conferencing ■ If an in -person meeting is absolutely required and cannot be rescheduled or attended remotely, the meeting is limited to a maximum of 10 people while maintaining Social Distancing of 6 feet or more. o Avoiding unnecessary travel • Do not congregate at lunch or breaks. Bringing your lunch is encouraged. • No communal coolers or drink stations are allowed. Supervisors should confirm with employees prior to beginning work for appropriate hydration and nutrition availability to employees for the duration of the employee's shift and without direct contact with others on the job site. • First line of communication should be by phone, rather than in -person. • Do not shake hands. • Do not share iPads, tablets, pens, or clipboards for signing or any other purpose. Take pictures as proof of attendance at meetings. • Sharing of Personal Protective Equipment (PPE) is strictly prohibited. • Vehicles, equipment, and tools o Limit the number of people riding in a vehicle together. o Wipe down and disinfect vehicles after each trip. o As much as possible, do not share tools or equipment. If a tool or piece of equipment must be shared, the parts of it that are touched should be sanitized between uses. Updated: 4/11/2020 Page 3 Workforce Safety Plan: COVID-19 NCDOT Encroachment ID#: E081-076-21-00143 RETURN TO WORK • The following criteria must be followed for an employee who is tested for Covid-19, or asked to self -quarantine by health officials, or has contact with another employee with a positive test result to return to work: o at least a 14-day quarantine; OR o release by a health care provider. • In accordance with CDC guidance, the following criteria must be followed for an employee with a positive test result to return to work: o at least 14 days from positive test notification; AND o at least 3 days (72 hours) have passed since recovery defined as resolution of fever without the use of fever -reducing medications and improvement in respiratory symptoms (e.g., cough, shortness of breath); AND o at least 7 days have passed since symptoms first appeared. NCDOT may require certification of fitness to work from a health care provider. ADDITIONAL RESOURCES NCDOT and their partners should review the CDC and NCDHHS resources listed below for up-to-date information on how to respond to COVID-19. Additional guidelines may be issued by state or federal agencies that should be followed in addition to the guidelines included in this document. • NCDHHS COVID-19 Resources: o https://www.ncdhhs.gov/divisions/public-health/coronavirus-disease-2019-covid-19- response-north-carolina • NCOSHR Communicable Disease Emergency Policy o https://oshr.nc.gov/policies-forms/workplace-wellness/communicable-disease-emergency • OSHA Guidance on Preparing Workplaces for COVID-19 o https://www.osha.gov/Publications/OSHA3990.pdf • CDC COVID-19 Resources: o https://www.cdc.gov/coronavirus/2019-ncov/index.html AGREEMENT The encroaching party shall adhere to the requirements of this plan in order to continue work under their approved encroachment agreement. Violations to this plan could result in the violating entity not being allowed to continue work or all work ceasing as determined by the NCDOT District Engineer or Resident Engineer. PROJECT POINTS OF CONTACT Updated: 4/11/2020 Page 4 Workforce Safety Plan: COVID-19 NCDOT Encroachment ID#: E081-076-21-00143 NCDOT DocuSigned by: Name: ALDIitra- F1 A9CCB031 DF4C3... Dist. Supervisor Phone #: (336) 318-4000 Name: Encroaching Party (Primary Contact) Name: Scott Ryals Phone #: 919-707-8168 Primary Contractor to Encroaching Party (Point of Contact) Ethan Dinwiddie Phone #: 828-550-5502 Updated: 4/11/2020 Page 5 Updated: April 11, 2020 COVID-19 Guidance for Employees on Encroachment Job sites within NCDOT Right of Way Relationship to Confirmed POSITIVE Test CONTACT GROUP What YOU Should Do What your CREW Should Do Exposure within 6' and longer than 10 minutes What PROJECT SITE Personnel Should Do No exposure within 6' and longer than 10 minutes Employee You + AIL II / - , I-H Notify your supervisor Self -quarantine for 14 days Advise of POSITIVE test without identifying the affected employee* Directly exposed crew self -quarantine for 14 days Continue hygiene & disinfecting measures Advise of POSITIVE test without identifying the affected employee* Site personnel without direct contact may continue onsite work or follow their company policy Continue hygiene & disinfecting measures Direct Contact Interaction with an infected person within 6' and longer than 10 minutes + You I W t-T-t I-T-4 Self -quarantine for 14 days Advise of POSITIVE test without identifying the affected employee* Crew may continue onsite work or follow their company policy Continue hygiene & disinfecting measures Advise of POSITIVE test Continue hygiene & disinfecting measures Secondary Contact + You ilk AIL ilk MI I. MI 1-1-t I-T-t I-1-t You may continue onsite work or follow your company policy Continue hygiene & disinfecting measures I Continue hygiene & disinfecting measures Continue hygiene & disinfecting measures Two or more Persons Removed from Contact + You Ak AILAk II III gl, III Continue hygiene & disinfecting measures Continue hygiene & disinfecting measures Continue hygiene & disinfecting measures *Notification Protocol (Comply with HIPAA & ADA confidentiality requirements) NCDOT employee / agent tests POSITIVE NCDOT District Engineer/Resident Engineer notifies Encroaching Party's primary point of contact and Contractor Point of Contact, CDC and, if Resident Engineer has oversight for the job site, FHWA any Consultant Firms working for NCDOT Encroaching party representative notifies other Contractors, Sub -Contractors and Suppliers with exposed Employees Encroaching Party or Contract crew member on job site tests POSITIVE Encroaching party representative or Contractor point of contact notifies appropriate NCDOT District Engineer or Resident Engineer and all other Contractors, Sub -Contractors and Suppliers with exposed Employees NCDOT notifies CDC, and as appropriate, FHWA and any Consultant Firms working for NCDOT Joint Workforce Safety Plan: COVID-19 Page 6 ATTACHMENT FORM NOTIFICATION FOR UTILITY / NON -UTILITY ENCROACHMENT WITHIN NCDOT R/W Instructions for use: This form must be completed in its entirety and submitted directly to the designated personnel in the District Engineer's office via email, fax or hand delivery a minimum of one week prior to construction for the encroachment. If the designated NCDOT personnel names are unknown by the person completing this form, please contact the District Engineer's office to determine that contact info. Date: 6/29/2021 Submitted by Name: F. D. Owens To: District Personnel Name: Mickey Pate District Personnel Email: mpatel @ncdot.gov District Fax No.: This notification is to inform you that we (encroaching party or their contractor) will begin construction work on the following project in a minimum of one week. Encroachment number (assigned by NCDOT) for the project: Construction start date: Approximate ending date: Contact NCDOT inspector a minimum of 72 hrs. in advance to set-up Preconstruction meeting in the District Engineer's office or other location as directed by the District Engineer E081-076-21-00143 Preconstruction meeting date & time: Preconstruction meeting address: Type of project: Montering Well [Examples: power, telecommunication, water, sewer, gas, petroleum, other (describe)] Contact Info for this project: Contractor Company Name: Contractor Contact Name: Contractor Phone Number: Contractor Email: NCDOT Utility Inspector Name: Danny Craven NCDOT Utility Inspector Phone: 336-318-4050 NCDOT Utility Inspector Email: dreraven@ncdot.gov NCDOT Utility Project Manager Name: Jared McCaskill NCDOT Utility Project Manager Phone: 336-318-4050 NCDOT Utility Project Manager Email: jjmccaskill@ncdot.gov