HomeMy WebLinkAboutWM0401360_Monitoring Well Permit Application_20220428NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES
APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM
1.
2.
3.
4.
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.
Date: 3/18/22
County: Alamance
FOR OFFICE USE ONLY
�%'� ��� °ISSUED DATE Jz PERMIT NO.UI
What type of well are you applying for? (monitoring or recovery):
Applicant: USACE (Dena Thompson)
Monitoring
Telephone: 912-652-5087
Applicant's Mailing Address: 101 W York St, Savannah, GA 31401
Applicant's Email Address (if available): Dena. B.Thompsonausace.armv.mil
5. Contact Person (if different than Applicant): Ethan Dinwiddie - Terracon Telephone: 919-436-2965
Contact Person's Mailing Address: 2401 Brentwood Road, Suite 107, Raleigh, NC 27604
Contact Person's Email Address (if available): ethan.dinwiddie(a.terracon.com
6. Property Owner (if different than Applicant): Central Park Burlington LLC Telephone:
Property Owner's Mailing Address: 7120 Creek Wood Drive, Chapel Hill, NC 27514 \ '1 '4 \-j
Property Owner's Email Address (if available): C�Q
7. Property Physical Address (Including PIN Number) f `tCobb Ave. (PIN: 139443)
8.
9.
10.
City Burlington
Reason for Well(s): groundwater contamination
County Alamance
Zip Code 27217
(ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.)
Type of facility or site for which the well(s) is(are) needed: Former Tarheel Army Missile Plant
(ex: non -discharge facility, waste disposal site, landfill, UST, etc.)
Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s).
Federal Remediation Branch # NC7210020544
11. Type of contaminants being monitored or recovered: Chlorinated Solvents
(ex: organics, nutrients, heavy metals, etc.)
12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes, 10+
Existing Monitoring or Recovery Well Construction Permit No(s).: Unknown
13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 950 feet
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: Larry Opper/ Gary Ellingworth
Certification No.: 3322 / 3367
Well Contractor Address: PO Box 1161 Wake Forest, NC 27588 / 501 Millstone Drive, Hillsborough, NC 27278
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.
b.
c.
d.
Borehole and well diameter
Estimated well depth
Screen intervals
Sand/gravel pack intervals
e.
f.
9-
Type of casing material and thickness
Grout horizons
Well head completion details
Continued on Reverse
PROPOSED WELL CONSTRUCTION INFORMATION (Continued)
2. Number of wells to be constructed in unconsolidated
material: 3 (temporary)
3. Number of wells to be constructed in bedrock:
1 (permanent)
4. Total Number of wells to be constructed: 4
(add answers from 2 and 3)
5. How will the well(s) be secured? Temporary Wells
abandoned same day: Permanent monitoring well, secured
with a flush -mount metal manway, locked cap, and concrete
pad
6. Estimated beginning construction date: 5/4/22
7. Estimated construction completion date: 6/3/22
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 borings within 500 feet of proposed well or well system.
e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel
storage areas, animal feedlots as defined in G.S. 143-215.106(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
Staff Geologist
Signature of Applicant or *Agent Title of Applicant or *Agent
Ethan C. Dinwiddie * if signing as Agent, attach authorization agreement stating
Printed name of Applicant or *Agent that you have the authority to act as the Agent.
If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct
wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the
well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C).
(See Access Agreement)
Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant)
DIRECTIONS
Please send the completed application to the appropriate Division of Water Resources' Regional Office:
Asheville Regional Office
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
6-9800
797
GW-22MR Rev. 3-1-2016
Well ID: RI-GW-01 through RI-GW-06
Project No. : 7021P145
Site Name: Former Tarheel Army Missile Plant
Field Personnel: Ethan Dinwiddie/Dan Govert
Date: 3/18/2022
Alamance County PINs 139443, 139764,
Location: 139783, and 139787
Drilling Method: DPT
Driller: Larry Opper (NC Cert No. 3322)
lrerracon
2401 Brentwood Road Suite 107
Raleigh, NC 27604
919.873.2211
Temporary Grab Monitoring Well Construction Diagram
Riser Pipe
Land Surface
Diameter 1-inch
Length 15 ft
Material PVC
Well Screen
Diameter 1-inch
Length 5 ft
Slot Size 0.010
Material Steel or PVC
Depth Below Land Surface (feet)
Bottom of Screen 20 ft
Bottom of Borehole 20 ft
2 Borehole Diameter (inches)
Note: Grab groundwater samples collected through DPT drilling rods using GeoProbe® SP-16
or similar tooling.
Well ID: MW-139, MW-140, MW-141, MW-142
Project No.: 7021P145
Site Location:
Field Personnel:
Date:
Alamance County PINs 139443, 139475, 139478,
Location: and 139768
Drilling Method:
Driller:
Former Tarheel Army Missile Plant
Ethan Dinwiddie/Dan Govert
3/18/2022
HSA/Air Rotary
Gary Ellingworth (NC Cert No. 3367)
lierracon
2401 Brentwood Road Suite 107
Raleigh, NC 27604
919.873.2211
Land Surface
Riser Pipe
Diameter 2-inch
Material PVC
Length 30 ft
Well Casing
Monitoring Well Construction Diagram
Diameter 4-inch
Material PVC
Length 25 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
{
Bottom of Grout
Depth Below Land Surface (ft)
1 ft
25 ft
Bottom of Grout 25 ft
Bottom of Bentonite Seal 28 ft
Top of Screen 30 ft
Bottom of Screen
Bottom of Tail Pipe
Bottom of Borehole
40 ft
40 ft
40 ft
k >; 4 Borehole Diameter (inches)
>; 8 Borehole Diameter (inches)
NHD: Unnamed Tributary
of Service Creek
(Perennial Stream)
139470
Legend
City of Burlington ROW (ROW agreement
dated 11/14/2018)
O Properties without ROEs (Needed)
= Properties without ROEs (Would be helpful)
0 Properties with ROEs
Proposed Soil Vapor Sample
Proposed Grab Groundwater Sample
• Proposed Surface Water Sample
t Proposed Deep Monitoring Well
*Proposed Shallow Monitoring Well
•Existing Monitoring Well
TAMP Site Boundary
Alamance County Parcel Boundary
Project No.:
7021P145
Date:
March 2022
Drawn By:
ECD
Reviewed By:
DRM
t I I
0 75 150 300 Feel
Declaimer The information depicted
this Its Is for nfomlaaonal purposes
only and nal prepared far and
nod aita0e for legal orengineering purposes
11i id don presented S net 1 ey Story
review and is Intended for use ony by a
Prakaaonal lands eye pit I gul tory of
co
139487co
MW,-104
MW-110
MW-111
MW101i' n
Notes:
- Properties identified and labeled by Alamance
County parcel ID number. See corresponding ROE
table for addresses.
- City of Burlington Right -Of -Way agreement should
be updated based on potential offsets of proposed
locations.
liTerracon
2401 Brentwood Road, Sole 107
Raleigh, NC 27604
Phone-. 919 873-2211
Fax'. (919) 873-9555
1397896
1
MW-115t
MW-109
MW'108
MW117 t"Vka ,ja _..
r$4,1 MW-107
MW-106 ; MW-11
,,MW-113
139790'
MW-114
MVV-2
Service Layer Credits: NC Statewide Orthoimagery, NC One Map
Server, 2018; Site Boundary approximated from Alamance County GIS.
Proposed and Existing Sampling Locations
Tarheel Army Missile Plant
N. Graham Hopedale Road
Burlington, Alamance County, North Carolina
EXHIBIT
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Page 1 of 16
Book 2169 Pape 675
Alamance County, NC
Recorded 11/30/2e04 11:41:03am
No 9999-00143708 1 of 16 pages
Muriel V Tarpley, Register of Deeds
Revenue Stamps: None (Exempt) S 4-"
PIN:
Prepared by: Gabriel N. Steinberg, Special Counsel for Real Estate, Office of Regional Counsel (4L),
General Services Administration, Region IV, Atlanta, GA, GSA Control No.: 4-D-NC-793, GSA Contract
No.: GS-04-0-04-CBE-0009
Return to: Attn: Jay Jones, 2609 Tucker Street Extension, Burlington, NC 27215
QUITCLAIM DEED
THIS DEED made this the 29'/4 day of NOt/emder
2004, by the UNITED STATES OF AMERICA, acting by and through the Administrator
of General Services ("GSA"), under and pursuant to the powers and authority contained
in the provisions of the Federal Property and Administrative Services Act of 1949, 63
Stat. 377, as amended (formerly codified at 40 U.S.C. 484, now codified at 40 U.S.C.
§§ 541 et seq.), and regulations and orders promulgated thereunder, Grantor, to
HOPEDALE INVESTMENT, LLC, a North Carolina Limited Liability company. whose
mailing address is 2609 Tucker St. Extension, Burlington, North Carolina 27215,
Grantee.
Book: 2169 Page: 675 Seq: 1
Page 2 of 16
Book 2169 Page 676
No 9999-00143708 2 of 16 pages
WITNESSETH, that the Grantor, without representation or warranty,
express or implied, except as specifically stated herein, for and in consideration of the
sum of ONE MILLION FIVE HUNDRED EIGHTY FIVE THOUSAND AND NO/100
DOLLARS ($1,585,000.00) paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto
the Grantee in fee simple, all that parcel of land situated in Alamance County, North
Carolina, commonly known as "the buildings portion" of the "Tarheel Army Missile Plant"
("TAMP, Tract No. 1"), and more particularly described in Exhibit "A", which is attached
hereto, made a part thereof and consists of two (2) pages.
And also including the following easement:
A railroad spur track that extends 5,240 ft., more or less,
running from the south right-of-way line of U.S. Highway No.
70 in a southerly direction 5,240 ft. and contains 12.00
acres, more or less, all as more particularly describe in
Exhibit "B", which is attached hereto, made a part hereof,
and consists of one (1) page.
TOGETHER with all and singular the tenements, hereditaments, and
appurtenances thereto appertaining, and every right, title, or interest, legal or equitable,
of the said Grantor may have in the banks, beds, and waters of any streams bordering
the aforesaid lands and also all interest in any alleys, roads, streets, ways, strips, gores,
or railroad rights -of -way abutting or adjoining said lands, and any means of ingress or
egress appurtenant thereto.
SUBJECT, however, to any and all existing easements and rights -of -way
for public roads, highways, streets, railroads, pipelines, drainage and sewer lines and
public and private utilities; rights of tenants in possession, if any; and to any state of
2
Book: 2169 Page: 675 Seq: 2
Page 3 of 16
Book 2169 Peg* 677
No 9999-00143708 3 of 18 pages
facts which may be disclosed by an inspection and current, detailed survey of the
premises described above, including an encroachment on the easement.
The Grantee covenants for itself, its successors and assigns, and every
successor in interest to the property hereby conveyed, or any part thereof, that the said
Grantee has received the asbestos warning notice, which is attached hereto, made a
part hereof, and consists of two (2) pages, and agrees to comply with any conditions
and requirements as stated in Exhibit "C", including those conditions, requirements and
regulations for asbestos containing materials listed on Table 1 of Exhibit "C."
The Grantee also covenants for itself, its successors and assigns, and
every successor in interest to the property hereby conveyed, or any part thereof, that
the said Grantee has received information from the Grantor about lead -based paint and
lead -based paint hazards, and, although the property has not been used and is not
currently used for residential purposes, has been informed of its obligations under 42
U.S.C. 4852d and is aware of its responsibility to ensure compliance thereof.
The Grantor has determined that Tract 1 of the Tarheel Army Missile
Plant, Burlington, North Carolina ("TAMP"), is environmentally suitable for transfer to
the Grantee and has informed the Grantee of the environmental condition of the
property hereby conveyed ("Property"). In accordance with Section 120(h)(3) of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended. and codified at 42. U.S.C. § 9620(h)(3), and pursuant to the
terms of the Covenant Deferral Request for the TAMP, dated August 1, 2003, by the
Deputy Assistant Secretary of the Army, Environmental Safety and Occupational
Health, Office of the Assistant Secretary of the Army (Installation and Environment) and
3
Book: 2169 Page: 675 Seq: 3
Page 4 of 16
Book 2169 P'9' 678
approved September 25, S1iN'GoN/eMor iSea } a State of North Carolina,
(hereinafter referred to as the "CDR"), the Grantor includes the following notices,
covenants, reservations, assurances, and warranties that run with the land and inure to
the benefit of the Grantor and Grantee, and their respective successors and assigns, as
the case may be, all as more fully set forth in the Environmental Protection Deed
Provisions, Exhibit "D," which is attached hereto, made a part hereof, and consists of
four (4) pages. These provisions for Tract 1 of the TAMP shall remain in effect until soil
and groundwater remediation activities are completed and include land use restrictions
that limit the Property to non-residential use and prohibit excavation in certain areas
without the Director approval of the North Carolina Department of Environmental
Natural Resources (NCDENR) approval. Besides being attached and made a part
hereof, these provisions are located in and identified as "Enclosure 3 to the Finding of
Suitability for Early Transfer (FOSET) Tarheel Army Missile Plant (TAMP), Burlington,
NC July 2003," signed January 1, 2004.
The property hereby conveyed has heretofore been declared surplus to
the needs of the UNITED STATES OF AMERICA, is presently under the jurisdiction of
the General Services Administration, is available for disposal and its disposal has been
heretofore authorized by the Administrator of General Services, acting pursuant to the
above referred to laws, regulations and orders.
TO HAVE AND TO HOLD the hereinbefore described property, together
with improvements thereon, unto the said Grantee, its successors and assigns, forever.
4
Book: 2169 Page: 675 Seq: 4
Page 5 of 16
Book 2169 Pa" 679
�Og 5 of 16 Pe9�'
IN WITNESS'�OA REOF, the UNITED STATES OF AMERICA has
caused these presents to be executed in its name and on its behalf by its duly
authorized officers and its seal affixed the day and year first above written.
[SEAL]
By:
UNITED STATES OF AMERICA
Acting by and through the
nistrator of General Se .ces
,LAMES BRA DON
Contracting Officer,
Property Disposal Division
General Services Administration
Region IV, Atlanta, GA
GEORGIA, FULTON COUNTY
I, ,Tess P, S 4fl a Notary Public of the County and State aforesaid,
certify that James Brandon personally appeared before me today and acknowledged
that he is the Contracting Officer, Property Disposal Division, General Services
Administration, Region IV, Atlanta, Georgia and that he executed the foregoing
instrument in the foregoing capacity as an authorized act of Grantor.
Witness my hand and official stamp or seal of office in Atlanta, Ge9rgia„t4is the 2 9 94-12
day of vovn ., baf` , 2004. PC. ST
QJ ,o�1t 9SI0Ni..9
MAY U9—A=
l F 23 a4=
2005 Q:
1'0.°y v`W
(PI' �4►0189 l Here]
'�rpan„ittV
r1 a : n< the pnwrnmentat units jtrxtrnaVr!
The foregoing Certificate(s) o� .• is/are certified to be
correct. This instrument and thi certificate are duly registered at the date and time and in the
Book and Page non the first page hereof. Q ' _ ' / i f
Public
commission expires:
Public
commission expires:
5
Book: 2169 Page: 675 Seq: 5
Page 6 of 16
CERTIFICATE
Boob 2169 Page 680
No 9999_N143798 6 of 16 pages
I, Gabriel N. Steinberg, Certifying Attorney, General Services
Administration, Region 4, Atlanta, Georgia, do hereby certify that authority for
conducting the business of General Services Administration (GSA) has been delegated
to the Regional Administrator by the Administrator of General Services pursuant to the
authority vested in said Administrator by the Federal Property and Administrative
Services Act of 1949, 63 Stat. 377, as amended (formerly codified at 40 U.S.C. 484,
now codified at 40 U.S.C. §§ 541 et seq.), and other applicable laws and regulations
promulgated thereunder, and re -delegated to the Director, Property Disposal Division,
GSA, Region 4, and has been further re -delegated to James Brandon, Contracting
Officer, Property Disposal Division, GSA, Atlanta, Georgia
Dated at Atlanta, Georgia, this Z y744 day of
/U6i. Ci? k,' , 2004.
6
GABRIEL N. STEINBE
Special Counsel for Real Estate
General Services Administration
Atlanta, Georgia
Book: 2169 Page: 675 Seq: 6
Page 7 of 16
B0ok 2169 °`0e 681
No 9999-00143708 7 of 16 p19e5
Acknowledged, agreed and accepted by Hopedale Investment, LLC, by its duly
authorized officials and representatives acting under authority granted by the said
Board.
Witnesses: HOPEDALE INVESTMENT, LLC
Witnesses:
[SEAL]
NORTH CAROLINA, toRAt4
By: Burlington Holdings, LLC
Member/Manager
By:
ill Britt, Manager
COUNTY
I, a Notary Public of the County and State aforesaid, certify that Bill Britt and Peggy Britt
personally appeared before me this day and acknowledged that they are Managers of
Hopedale Inv- tment, LLC and, being authorized to do so, executed the foregoing
instru t o ehalf pf t c• .any.
se,.. (Place Notary Seal Here)
My1co- mission a sires' 4,iV6P' ;CA
71: fat
V '
OOUN1�.
8
Book: 2169 Page: 675 Seq: 7
Page 8 of 16
gook 2169 Peg. 682
No 9999-09143708 8 of 18 pages
Exhibit A
To Quitclaim Deed from the United States of America to Hopedale Investment, LLC
"Plant Tract"
All that certain lot or parcel of land situated in Alamance County, North Carolina
and more particularly described as follows:
STARTING at a point which is located by starting at NCGS "Plymouth"
(Northing: 854237.4798 feet, Easting: 1872394.282 feet), thence North
81° 6' 43" East 3,467,64 feet to NCGS 'Kirk" (Northing: 854773.1885 feet,
Easting: 1875819.926 feet); thence South 81° 5' 32" East 3,213.92 feet to
a disk (Northing: 854275.5349 feet, Easting: 1878995.0872 feet) the point
and place of BEGINNING; thence North 2° 39' 31" West 920,56 feet to an
iron pin; thence North 89° 41' 39" East 1,069.48 feet to a disk in the right
of way of North Graham -Hopedale Road; thence South 3° 23' 52" West
922.47 feel to an iron pin; thence South 89° 41' 37" West 493.49 feet to a
point; thence South 17° 11' 36" West 15.90 feet; thence South 89° 43' 21"
West 235.95 feet to a point; thence North 17° 11' 36" East 15.77 feet to
an iron pin; thence South 89° 41' 37" West 279.18 feet to the point and
place of BEGINNING and being 22.04 acres according to the survey
entitled "Plat for Hopedale Investment, LLC" prepared by Boswell
Surveyors, Inc., dated September 24, 2004.
xi1lBIT:
R.. ---
Pab,
Book: 2169 Page: 675 Seq: 8
Page 9of16___
Book 2169 Page 683
No 4990-00143708 9 of 10 pages
r
DATE: 29
aAL DEbC1nwrxON
12100 ACRES DISPOSAL AREA
TIMIBEL ORDNANCE PLANT
t
All that traot of land, 10b feet in width and 5,240 feet i
Government AcqutOition Traet "", of the Tarhee]. Ordnance
in thw City of $urlington,, Alcmene(' Co±nty, North Carolina
the north by the south right -of -.way line of U.B. Highway N
the land of the City of Bt;rl3n gton and by land of T. E. St
the north right -of. -way line Of the Southern Railroad end
T. Z. Steed, by :.arid of R. H. Southerland and by land of t
ton, the centerline or which is more particularly describe
Beginning at a paint in the teeter of In existing railroad
at its interaeotion with 0?;e south right-of-way line of U.
said point being approxitabtely 554 feet southeast from the
of the east r:gnt-of--way ]ins of Orahaa-Hopedale Road and
of -way line of U. S. No. 0;;'thence from the point of begi
southerly direction along -the centerline of the existing 1
right-of-way through the land of the City of Burlington, a
Steed, crossing Midway Avanue, and to the north right -of -
Southern Railway slain line, the total length of the herein
of land being approximately 5,240 feet and containing 12.0
or lesl. f
uee 1976
length, bein(}
ant, situate
being bound en
. 70, east by
ed, south, by
e t by land of
e City of Burling -
as follows:
right-of-way •
8. No. TO,
intersection
he south right-
ning: in e. general
O foot railroad
d lend of T. E.
y line of the
described strip
acres, more
ENE
:PACE 1�j
EXHIBIT "E"
G'9F�0 39P e•; Se13i4sit9N'3 de07 ,:war S{l 9y:si %.et,GI/ak
l :
Book: 2169 Page: 675 Seq: 9
Page 10 of 16
Book 2169 page 684
No 9999-00143708 18 of 18 pages
gXHIBIT "C"
NOTICE OF THE PRESENCE OF ASBESTOS WARNING
Asbestos has been determined present in the property to be sold. The Grantee is
warned that the property offered for sale contains asbestos -containing materials.
Unprotected or unregulated exposure to asbestos in produce manufacturing, shipyard,
and building construction workplace have been associated with asbestos -related
disease. Both the Occupational Safety and Health Administration (OSHA) and the
Environmental protection Agency (EPA) regulate asbestos because of the potential
hazards associated with exposure to airborne asbestos fibers. Both OSHA and EPA
have determined that such exposure increases the risk of asbestos -related diseases,
which include certain cancers and which can result in disability or death.
The Grantee was invited, urged and cautioned to inspect the property to be sold prior to
submitting a bid (offer). More particularly, the Grantee was invited, urged and cautioned
to inspect the property as to its asbestos content and condition and any hazardous or
environmental conditions relating thereto. The disposal agency will assist bidders
(offerors) in obtaining any authorization(s) which may be required in order to carry out
any such inspection(s). The Grantee shall be deemed to have relied solely on its own
judgment in assessing the overall condition or all or any portion of the property
including, without limitation, any asbestos hazards or concerns.
No warranties either express or implied are given with regard to the condition of the
property including, without limitation, whether the property does or does not contain
asbestos or is or is not safe for a particular purpose. This failure of the Grantee to
inspect, or to be fully informed as to the condition of all or any portion of the property
offered, will not constitute grounds for any claim or demand for adjustment after this
transfer.
The description of the property set forth herein and any other information provided
therein with respect to said property is based on the best information available to the
Government and is believed to be correct, but an error or omission, including but not
limited to the omission of any information available to the agency having custody over
the property and/or any other Federal agency shall not constitute grounds or reason for
nonperformance of the transfer, or any claim by the Grantee against the Government
including, without limitation, any claim for allowance, reformation, or other relief at law or
in equity.
The Government assumes no liability for damages for personal injury, illness, disability
or death, to the Grantee, or to the Grantee's successors, assigns, employees, invitees,
or any other person subject to Grantee's control or direction, or to any other person,
including members of the general public, arising from or incident to the purchase,
transportation, removal, handling, use, disposition, or other activity causing or leading to
contact of any kind whatsoever with asbestos on the property which is the subject of this
sale, whether the Grantee, its successors or assigns have or have properly warned or
failed properly to warn the individual(s) injured.
The Grantee further agrees that in its use and occupancy of the property it will comply
with all Federal and local laws relating to asbestos.
EXHIBIT "C"
Page 1 of 2
Book: 2169 Page: 675 Seq: 10
Page 11 of 16
eo k 2169 P°°' 685
No 9999-00143708 It of .18 pages
SUMMARY ESTIMATES FOR ASBESTOS
CONTAINING MATERIALS
Type Material
Estimated Total Quality
Pipe Linear Feet
20,200 lin.R.
tt of Pipe Fittings
1.675
Trowelled Surfacing
36,697 square feet
Floor Title & Mastic
295,915 square feet
Roll Floor Covering (ASB. Back) ,
46,768 square feet
15,000 square feet
Roll lnsul. (ASB. Paper Backing) ,
Friable ACM Ceiling Titles
1,500 square feet
Roof Shingles
=16,800 square feet
NonSkid Painted Surfaces {
165 square feet
Caulking (Windows Etc.) I
5,650 lin. feet
Roof Felts/Flashing
4,300 lin. feet
HVAC "Flex Joint"
425 lin. feet
Transite Pipe I
2801in, feet
Asbestos Gaskets/Wiring [
55 lin. Feet
Textured Exterior Silver Paint i
+110,750 square feet
FXPJB!T `�
Table I.
Book: 2169 Page: 675 Seq: 11
Page 12 of 16
°°k 2169 Page 686
No 9999-00143708 12 of 16 pages
ENCLOSURE 3
ENVIRONMENTAL PROTECTION DEED PROVISIONS
1. CERCLA Provisions
Introduction
A. Notice
Pursuant to Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (CERCLA) (42 U.S.C. §9620(h)(3)(A)(i),
and North Carolina General Statutes (N.C.G.S.) 130A-3 1 0.3(f), and based upon a complete
search of Army files, the Grantor hereby imposes the land use restrictions set forth below and
provides notice of: (1) the type and quantity of hazardous substances that were known to have
been released or disposed of or stored for one year or more on the property: (2) the time such
storage, release or disposal took place; and, (3) a description of remedial action taken, if any.
The property is an inactive hazardous substance or waste disposal site as defined by North
Carolina's Inactive Hazardous Sites Response Act, which consists of Section 130A-310 through
Section 130A-310.19 of the North Carolina General Statutes (N.C.G.S.). This Declaration is part
of a Remedial Action Plan for the property that has been approved by the Secretary of the North
Carolina. Department of Environment and Natural Resources (or its successor in function), or
his/her delegate, as authorized by N.C.G.S. Section 130A-310.3(f).
B. Covenant
Pursuant to Section 120(h)(3)(A)(ii)(II) of CERCLA, Grantor covenants that it shall take any
additional response action found to be necessary after the date of this conveyance regarding
hazardous substances located on the property on the date of this conveyance.
() This covenant shall not apply with respect to any portion of the Property as to which
Grantee, its successor(s) or assign(s), or any successor in interest is a Potentially
Responsible Party (PRP) immediately prior to the date of this conveyance.
(2) In the event Grantee, its successor(s) or assign(s), seeks to have Grantor conduct or
pay for any additional response action, and, as a condition precedent to Grantor incurring
any additional cleanup obligation or related expenses, the Grantee, its successor(s) or
assign(s), shall provide Grantor written notice of such a claim and provide credible
evidence that the associated contamination existed prior to the date of this conveyance.
Grantor shall have 43 days within which to respond to the notice of such claim.
C. Access
Pursuant to Section 120(h)(3)(A)(ii)(III) of CERCLA. Grantor reserves a right of access for itself
and Lucent Technologies, Inc. (Lucent) to all portions of the property for environmental
investigation. remediation or other corrective action. This reservation includes the right of
access to and use of available utilities at reasonable cost to Grantor. These rights shall be
exercisable in any case in which an environmental investigation, remedial action, response action
_1
Book: 2169 Page: 675 Seq: 12
Page 13 of 16
Book 2169Pa"687
9899-88r43788 13 t 18 p t
or corrective action is founho be necessary after me date oriftts conveyance, or in which access
is necessary to carry out a remedial action, response action, or corrective action on adjoining
property. Pursuant to this reservation, Grantor and Lucent and their respective officers, agents,
employees, contractors and subcontractors shall have the right (upon reasonable notice to the
record title owner) to enter upon the property and conduct investigations and surveys, to include
drilling, test -pitting, borings, data and records compilation and other activities related to
environmental investigation, and to carry out remedial or removal actions as required or
necessary, including but not limited to the installation and operation of monitoring wells,
pumping wells, and treatment facilities. Any such entry, including such activities, responses or
remedial actions, shall be coordinated with the record title owner and shall be performed in a
manner which minimizes interruption with activities of authorized occupants. Grantor will
provide the record title owner reasonable advance notice of such activities, responses, or
remedial actions.
D. Non -Interference
Grantee covenants and agrees for itself, its successors and assigns and every successor in
interest to the Property, or part thereof, that it or any party occupying the Property shall
not disrupt or prevent the Army or Lucent, or their officers, employees, agents,
contractors and subcontractors, or any other authorized party or entity from conducting
required remedial investigations, response actions or oversight activities or from the
proper and necessary construction, upgrading, operating, maintaining and monitoring of
any treatment facilities or environmental monitoring network on the Property.
E. CERCLA Warranty
The Grantor warrants that when all response actions to protect human health and the
environment with, respect to any substance remaining on the property on the date of transfer has
been taken, the Grantor shall execute and deliver to the Grantee an appropriate document
containing a warranty that all such response actions have been taken. The making of the
warranty shall be considered to satisfy the requirements of CERCLA 120(h)(3)(a)(ii)(I).
2. Land Use Restrictions
A. Non -Residential Use Restriction
Grantee, for itself and its successors and assigns, covenants and agrees, pursuant to
N.C.G.S. 130A-310.3(f), that, without the approval of the North Carolina Department of
Environment and Natural Resources (NCDENR) or its successor in function, the use of
the property shall be limited to commercial and industrial purposes and not residential
purposes, the Property having been remediated only for commercial and industrial uses.
Commercial and industrial uses include, but may not be limited to, administrative/office
space, manufacturing, warehousing, restaurants, hotels/motels, and retail activities.
Residential uses include, but may not be limited to. housing, day care facilities, schools.
and other child -related uses. In connection with these land use restrictions, NCDENR
may be contacted as follows:
Nile Testerman
Superfund Section
17
Book: 2169 Page: 675 Seq: 13
Page 14 of 16
401 Oberlin Road, Suite 150
Raleigh, NC 27605
B. Ground Disturbance Restriction
gook 2169 pa9a 688
No 9999-001437138 14 of 16 pages
Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its
successor(s) or assign(s), shall not conduct any excavation, digging, drilling or other
disturbance of the subsurface of the Property without the written approval of NCDENR,
unless:
(i) the disturbance occurs outside of a ten (10) foot radius surrounding the former
Underground Storage Tank and Waste Accumulation Pad areas, as indicated on the plat
and
(ii) the total depth of the disturbance is at least five feet above the permanent high
water table.
A map illustrating these areas is provided on the survey plat map (Attachments ).
C. Groundwater Use Restriction
Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its
successors or assign(s), shall not construct or permit to be constructed any well, and shall
not extract, utilize, consume or permit to be extracted, any water from any aquifer below
the surfaces of the ground for the purpose of human consumption, or other use, unless
such has been expressly approved, in writing, by the NCDENR.
D. Remediation Equipment Disturbance Restriction
Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its
successors or assign(s), shall not disturb environmental remediation equipment without the
written approval of the NCDENR.
E. Modification of Use Restrictions
(1) In the event Grantee, its successors or assigns, desires to use the property for
any use other than non-residential use or remove the ground disturbance or groundwater
use restrictions, then Grantee, its successors or assigns, shall perform all additional
environmental remediation required by law and NCDENR for such other uses.
(2) Any such additional remediation beyond non-residential use, or requests to
remove the ground disturbance or groundwater use restrictions, by Grantee, its successors
or assigns shall also be subject to the review and advance approval of the applicable
federal or state authorities. Alt costs associated with any such additional environmental
remediation necessary shall be the sole responsibility of Grantee, its successors or
assigns.
(3) Upon written request by Grantee. its successors or assigns, and without any payment
of funds by Grantor. Grantor agrees. upon completion of any additional remedial action
18
EEIF D
47777777
Book: 2169 Page: 675 Seq: 14
Page 15 of 16
°k 2169 Pegf 689
No 9999-00143708 15 of 16 pages
performed by Grantee, its successors or assigns, under this paragraph, to cooperate with Grantee.
its successors or assigns, in any application, permit, order, or effort to obtain approval from
appropriate regulators for other than non-residential use or to remove ground disturbance or
uroundwater use restrictions and the removal or revision of the restriction.
19
EXIIIIIITy(.
rwer�r�
PA-S-t `P 0-Y cif
Book: 2169 Page: 675 Seq: 15
Page 16 of 16
Co
2169Pig° 690
_ _+_,� _ a of m� .
kk2
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] \ \ / k ; 0)
. ; ��si &}.
DISPOSAL SENIOR ACOUISITION :
Book: 2169 Page: 675 Seq: 16
Gonsiewski, James J
From: Malone, Don R <Don.Malone@terracon.com>
Sent: Thursday, April 28, 2022 10:21 AM
To: Gonsiewski, James J
Cc: Thompson, Dena B CIV USARMY CESAS (USA); Dinwiddie, Ethan C; Sirianni, Matt; Kelly,
Samantha D CIV USARMY CESAS (USA); Danielle Hughes; Jeff Ballsieper
Subject: [External] RE: TAMP -Mob 1 Contact Info for On -Site [TAMP] Property and David Tsui's
other Property at 198 Cobb Avenue.
Attachments: GSA QuitClaim to Hopedale.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi James,
The email below summarizes information to/from the property owner (David Tsui) and his Property
Coordinator (Jeff Ballsieper) regarding assess to both the On -Site (TAMP) Property and Mr. Tsui's other
property at 198 Cobb Avenue. All parties are treating access to the 198 Cobb Avenue similarly to accessing
the TAMP property, which is governed by right of access provisions in Enclosure 3 - Environmental Protection
Deed Provisions in the GSA QuitClaim Deed (attached). Granted this arrangement is not as formal as other
right of entry agreements, but per our discussions, shows the property owner's recognition, intent, and
approval to access the Cobb Ave property. We prefer to not set up a new right of entry agreement for this
temporary access to the 198 Cobb Avenue, if possible. Please let us know ASAP if this is not workable.
Thanks.
Donald R. Malone, PE (NC, SC, VA, TX)
Sr. Engineering Consultant I Environmental Service Line
IFerracon
2401 Brentwood Road, Suite 107 I Raleigh, North Carolina 27604
D (919) 436-2968 I F (919) 873-9555 I M (919) 523-9358
don. malone@terracon.com I Terracon.com
Learn more about how we can help by visiting our video channel
Please consider the environment before printing this email ;'
eSTAGE 1
Confidentiality Notice: The information and all attachments contained in this electronic communication are privileged and confidential information, and intended only for the
use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution, or copying
of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately of the error by return e-mail and please
permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you.
From: Jeff Ballsieper <jballsieper@progressenv.com>
Sent: Wednesday, April 27, 2022 7:16 PM
To: Malone, Don R <Don.Malone@terracon.com>
Cc: Jeff Ballsieper <jballsieper@progressenv.com>; Thompson, Dena B CIV USARMY CESAS (USA)
<Dena.B.Thompson@usace.army.mil>; Derek Rhodes <derek@northwindeng.com>; Dinwiddie, Ethan C
1
<Ethan.Dinwiddie@terracon.com>; Sirianni, Matt <Matt.Sirianni@terracon.com>; Haverland, Zsolt E CIV USARMY CESAS
(USA)<Zsolt.E.Haverland@usace.army.mil>; Kelly, Samantha D CIV USARMY CESAS (USA)
<Samantha.D.Kelly@usace.army.mil>; Danielle Hughes <dhughes@northwindeng.com>; Davld;Tsot
<avakonmed@grima l com?
Subject: Re: TAMP -Mob 1 Contact Info
Thanks for the email Don.
As for water for deconing the site is not provided water at this point.
I have attached your Figure 3 with a building highlighted that I would recommend using for IDW drum storage. The
doors should be functional to at least secure the waste pending lab results.
I arrt checking on look codes for both the TAMP site S WBII as fhb off. slte'buildOig qn Cobb Aver uer
I am attaching two figures I found regarding structure footprints and some underground utilities. The third will be sent
within another email.
Let me know if you have any questions.
On Wed, Apr 27, 2022 at 4:07 PM Malone, Don R <Don.Malone@terracon.com> wrote:
Hi Jeff, it was good talking to you today. As we discussed, and as a follow-up to your prior conversations
with Ethan Dinwiddie, we will be doing some additional investigation work on the TAMP property next week,
and on the David Tsui's other property to the west (198 Cobb Avenue). The following is a summary of our
work, as currently planned.
• Friday (4/29), Matt Sirianni (Terracon Geophysicist) will be on the TAMP site and 198 Cobb Avenue to
clear utilities prior to our proposed drilling activities next week.
• Monday through Wednesday (5/2-5/4), Ethan Dinwiddie and others with Terracon and Northwind
Engineering will be on the TAMP property collecting soil and groundwater samples near the former
Waste Accumulation pad, and the surrounding "industrial area" including known and/or suspected
source areas.
• Thursday and Friday (5/5-5/6), Ethan Dinwiddie and others with Terracon will be installing temporary
wells at several locations, including about three temp wells on the 198 Cobb Avenue.
• Thursday (5/5), Visitors from the Army Corps, and others may be on site to check the status of the
work.
Tentative locations are shown in the attached, but are subject to change based on (1) the results of the Matt
Sirrianni's geophysics investigation, and (2) Ethan's field decisions based on the results of successive sample
locations.
Ask we discussed, can you please look into the following:
2
• Confirm the Gate Code,... if it changed from the number you already provided to Ethan and I.
• Provide utility maps of the area. As we discussed, we believe you already provided them to Ethan,...
so just double checking that we have everything.
• Work with Ethan next week to identify an area for waste storage of a few drums of IDW.
• Provide input for where we can obtain water for deconning the rig.
Please let us know if you can think of anything wells or if you have any questions.
Thanks in advance for your time and for your support!
Donald R. Malone, PE (INC, SC, VA, TX)
Sr. Engineering Consultant I Environmental Service Line
Irerracon
2401 Brentwood Road, Suite 107 I Raleigh, North Carolina 27604
D (919) 436-2968 I F (919) 873-9555 I M (919) 523-9358
don.malone@terracon.com I Terracon.com
Learn more about how we can help by visiting our video channel
;. Please consider the environment before printing this email "P
CS TAGE
1
Confidentiality Notice: The information and all attachments contained in this electronic communication are privileged and confidential information, and intended only for the
use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination, distribution, or
copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately of the error by return e-mail and please
permanently remove any copies of this message from your system and do not retain any copies, whether in electronic or physical form or otherwise. Thank you.
3
Jeff Ballsieper, L.G.
Progress Environmental Group, Inc.
PO Box 5884
Winston-Salem, North Carolina 27113
www.progressenvironmental.com
p. 336.722.9999
f. 336.722.9998
m. 336.782.9725
Terracon provides environmental, facilities, geotechnical, and materials consulting engineering services delivered with
responsiveness, resourcefulness, and reliability.
Private and confidential as detailed here (www.terracon.com/disclaimer). If you cannot access the hyperlink, please e-mail
sender.
4