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WM0501504_Permit (Issuance)_20220824
ROY COOPER Governor ELIZABETH S. BISER secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 24, 2022 Robert Smart (Petitioner for DSCA Site DC320028) NCDEQ, DWM, DSCA (Attn Jay King- jay.king@ncdenr.gov) 1646 MSC Raleigh, NC 27699-1646 Subject: Monitoring Well Construction Permit # WM0501504 Model Cleaners & Laundry 1910 Chapel Hill Road Durham, NC -Durham County To Whom It May Concern: In accordance with the application received on August 10, 2022, we are forwarding herewith Monitoring Well Construction Permit No. WM0501504 dated August 24, 2022, issued for the construction of a monitor well system at the subject properties (1910, 1920, 2000 Chapel Hill Road & 1801 Burke St.). Please be aware that some counties have well construction programs, and you may be required to obtain a well construction permit before installation. This Permit will be effective from the date of its issuance and shall be subject to the conditions and limitations as specified therein. Please note the addition of stipulation #3 to the permit enclosed. If you have any questions about this permit, please contact Eric Rice at (919) 791-4242. Sincerely, ,-DocuSigned by: S u A S6IA, �BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure cc: RRO Files/Laserfiche Durham County Health Department Email: ashkv.winklernan@oneatlas.com oneatlas.com ATC, 2725 E. Millbrook Road, Raleigh, NC North Carolina Department of Environmental Quality j Division of Water Resources 512 North Salisbury Street f :611 Mail Service Center 1 Raleigh, North Carolina 27699-1611 919 707 9000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT FOR THE CONSTRUCTION OF A MONITORING WELL In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws, Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Robert Smart (Petitioner for DSCA Site DC320028) FOR THE CONSTRUCTION OF A MONITOR WELL SYSTEM (Model Cleaners & Laundry) consisting of five monitoring wells owned by Robert Smart (Petitioner for DSCA Site DC320028) at 1646 MSC Raleigh, NC. The wells will be located on the property owned by RAD Durham Owner I, LLC at 1801 Burke St. & Weasy 111, LLC, 1920 Provision, LLC & Triple B #26, LLC at 1910, 1920 & 2000 Chapel Hill Road respectively in Durham, NC- Durham County. This Permit is issued in accordance with the application received on August 10, 2022, in conformity with specifications and supporting data, all of which are filed with the Department of Environmental Quality and are considered integral parts of this Permit. This Permit is for well construction only and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable, you have a right to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this Permit is final and binding. This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions, limitations, or exceptions as follows: 1. Issuance of this Permit does not obligate reimbursement from State trust funds, if these wells are being installed as part of an investigation for contamination from an underground storage tank or dry cleaner incident. 2. Issuance of this Permit does not supersede any other agreement, permit, or requirement issued by another agency. 3. The well(s) shall be located and constructed as shown on the attachments submitted as part of the Permit application. 4. Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(o). 5. Well construction records (GW-1) for each well shall be submitted to the Division of Water Quality's Information Processing Unit within 30 days of the well completion. 6. When the well is discontinued or abandoned, it shall be abandoned in accordance with 15A NCAC 02C .0113 and a well abandonment record (GW-30) shall be submitted to the Division of Water Quality's Information Processing Unit within 30 days of the well abandonment. 7. If the well penetrates any water -bearing zone that contains contaminated waters, the upper three feet of the well shall be grouted within one day after the casing is set or the well abandoned. Permit issued the 24"' of August 2022 DocuSigned by: FOR THE NORTH CAROLINA F4NVIRO,NIV,�ENTAL MANAGEMENT COMMISSION Scott on fte : inal Supervisor DivisionB t2MA69Pes By Authority of the Environmental Management Commission Permit No. WM0501504 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mad Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT 8 NATURAL RESOURCES DIVISION OF WATER RESOURCES — AQUIFER PROTECTION SECTION 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: 8/1/22 County: Durham FOR�►OFFICE,USE ONLY ��\ PERMIT NO. W 3. Wr" ISSUED DATE _ Whattype of well areyou applying for? (monitoringor recovery):Monitoring Applicant: Robert Smart (DSCA Petitioner for DSCA site # DC320028) Telephone: 919 - 383 -8883 Applicant's Mailing Address: DSCA Program, Mail Service Center 1646, Raleigh, NC 27699-1646 Applicant's Email Address (if available): ]ay. king4ncdenr.goy 5. Contact Person (if different than Applicant): Ashley Winkelman, ATC Telephone: 919-573-1206 Contact Person's Mailing Address: 2725 E. Millbrook Road, Suite 121, Raleigh, NC 27604 Contact Person's Email Address (if available): ashley.winkelman@oneatlas.com 6. Property Owner (if different than Applicant): Weasy i11, LLC Telephone: 919 -286 - 7421 Property Owner's Mailing Address: 904 Ninth St, Durham, NC 27705 Property Owner's Email Address (if available): Not Ava ]. ], ab 1 e 7. Property Physical Address (including zip code) and PIN Number 1910 Chapel Hill Rd, Durham, NC 27707 PIN 0821-14-98-1688 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 Dry-cleaner (ex: non -discharge facility, waste disposal site, landfill, UST, etc.) 10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s). DSCA # DC320028 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, four Existing Monitoring or Recovery Well Construction Permit No(s).: WM0501212 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 15 feet 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yes„give distance(s): N/A 15. Well Contractor: Innovative Environmental Technologies, Inc. Certification No.: Well Contractor Address: 4400B,r .t, 30 Grant Park PI #7864, Piedmont, SC 29673 o PROPOSED WELL CONSTRUCTION INFORMATION `fob 1. As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing ,followin i�1 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 this ?Q , Grout horizons o��o Well head completion details d� 0 cc Continued on Reverse PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2. Number of wells to be constructed in unt,on .olidated material- 1 3. Number of wells to be constructed in bedrock 0 5 How will the well(s) be secured? Locking well cap, flush -mount steel protective casing 6- Estimated beginning construction date: 9/12/22 4. Total Number of wells to be constructed 1 7. Estimated construction completion date: 9/14/22 (add answers from 2 and 3) 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 contaminafon (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 Agent for DSCA site DC320028(will include Power Signature of Applicant or *Agent Ashley Winkelman Title of Applicant or *Agent of Attorney upon request' * If signing as Agent, attach authorization agreement stating Printed name of Applicant or *Agent that you have the authority to act as the Agent. If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C). See attached access agreement Signature of Property Owner (if different than Applicant) See attached access agreement Printed name of Property Owner (if different than Applicant) DIRECTIONS Please send the completed application to the appropriate Division of Water Resources's Aquifer Protection Section Regional Offio 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 585 Waughtown Street Winston-Salem, NC 2710r, Phone: (336) 771-5000 Fax: (336) 771-4630 hfo 15 .4, hero• ,J 'CC ngton GW-22MR (Rev, &I13) APPENDIX A 0,, ACCESS AGREEMENT q� '0 (Petitioner is NOT the Property Owner) . �,1 Model Cleaners and Laundry °,o `��c 1910 Chapel Hill RD 4k0 Lakewood Shopping Center Shopping Center c Durham Durham County DSCA Site ID No. DC320028 Name of Property Owner typed or printed: Weasv III, LLC WHEREAS, Weasv III, LLC (name of Property Owner, hereinafter: Property Owner) is the owner of a parcel of property located at 1910 Chapel Hill RD, Durham in Durham County, North Carolina (Property); and WHEREAS, Botek, Inc. (name of Petitioner) is petitioning to the North Carolina Department of Environmental Quality, Division of Waste Management (Division) for certification of the Property into the Dry -Cleaning Solvent Cleanup Act Program (Program) pursuant to the Dry -Cleaning Solvent Cleanup Act of 1997 as amended, Part 6, Article 21A, Chapter 143, N.C.G.S. § 143-215.104A et seq. (DSCA); and WHEREAS, the Petitioner intends to enter into an Agreement for Assessment and Remediation (ARA) with the Division concerning the Dry -Cleaning Solvent contamination on the Property; and WHEREAS, the implementation of the ARA will require that the Division and its independent contractors (contractors) have free and unencumbered access to the Property for the purposes of investigating, assessing and remediating Dry -Cleaning Solvent contamination on and around the Property; and WHEREAS, the parties to this Access Agreement are the Division and Property Owner; NOW THEREFORE, in consideration of the terms and conditions contained in this Access Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant of License and Permission. Property Owner hereby grants (a) to the Division a license to access the Property to monitor and enforce the ARA and (b) to the Division's contractor(s) a license to access the Property to undertake all work to be performed at the Property, including, but not limited to, the following purposes: a. Inspecting, sketching and photographing the Property; b. Taking such soil, water and air samples as may be necessary; DSCA Petition October 2007 Pap L. 7 c. Taking other actions related to the investigation of surface or subsurface conditions, such as installation of monitoring wells or excavation of impacted soil; d. Transportation of equipment onto and around the Property as necessary to accomplish the investigation; e. Taking response actions necessary to mitigate any threat to human health and the environment; f. Remediating dry-cleaning solvent contamination at the Property as needed; and g. Undertaking such other activities as necessary to complete the work to be performed as required or permitted under the ARA. 2. Conditions Precedent. The licenses created in Paragraph 1 shall take effect upon the certification of the Property into the Program and shall remain in effect, unless otherwise terminated pursuant to Paragraph 12 below so long as the Property remains certified under the Program. 3. Observation. Upon the Property Owner's reasonable notice and request, the Property Owner and its consultants shall have the right to observe any activities performed by or on behalf of the Division at the Property. Upon the Property Owner's reasonable notice and request, the Division or its contractors shall allow the Property Owner to split samples of any environmental samples obtained on behalf of the Division. All costs associated with obtaining and analyzing the split samples shall be borne solely by the Property Owner. 4. Interference. The Division and its contractors shall endeavor to perform any activities authorized hereunder at the Property in a manner that minimizes interference with the use of the Property. The Division and its contractors will make reasonable attempts to notify the Property Owner at least 48 hours prior to entering the Property for the purposes stated in Paragraph 1. 5. Insurance. The Division's contractors have agreed to maintain the insurances as defined in their agreement with the Division, provided however, that the Division shall have no liability for its contractor's failure to maintain such insurance. 6. Site Repair. The Division or its contractors shall remove and shall have the right to remove from the Property all equipment and other materials belonging to the Division or its contractors within a reasonable period of time after the completion of the activities at the Property authorized hereunder. To the extent practicable, the Division's contractors shall restore the Property to the original condition it was in prior to any activities authorized hereunder at the Property, and except as otherwise DSCA Petition October 2007 Pagc S agreed to by the parties, shall properly abandon any monitoring wells in accordance with any applicable laws and regulations. 7. Protection of Wells and Equipment. The Property Owner shall not damage, remove, pave over or cover any monitoring or remediation wells on the property. The Property Owner also shall not tamper with or affect the operation of assessment or remediation equipment installed on the property by the Division's contractors. 8. Notice. Any notices, reports, or other communications required or permitted under this Access Agreement shall be addressed to the representative for each party as set forth below: To Property Owner: Weasy III, LLC 904 Ninth Street Durham, NC 27705 To the Division: North Carolina Division of Waste Management -DSCA Program Attn: Jay King 1646 Mail Service Center Raleigh, North Carolina 27699-1646 9. Limitations. All obligations of the Division pursuant to this Access Agreement shall be contingent upon the availability of moneys in the North Carolina Dry -Cleaning Solvent Act Fund. 10.Governinq Law. This Access Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference to choice of law principles. 11.Integration Clause. This Access Agreement represents the entire understanding and agreement between the parties hereto and supersedes any and all prior agreements, whether written or oral, that may exist between the parties regarding same. No amendment or modification to this Access Agreement or any waiver of any provisions hereof shall be effective unless in writing and signed by both parties. 12. Termination. The licenses created in Paragraph 1 may be terminated upon delivery of reasonable written notice to the Division, which termination shall be effective upon receipt of such notice. However, such termination will also terminate the ARA and cause the forfeiture of liability protection under the DSCA. If no such notice is served and subject to provisions of Paragraph 2 above, the licenses created herein shall remain in effect until such time as all work or activities under the Program have DSCA Petition October 2007 Page 9 been completed at the Property. The right and obligation set out in the first sentence of Paragraph 6 shall survive the termination of this license. 13. Modification. This Access Agreement may not be amended except in writing by the parties to this Access Agreement. The parties each represent and warrant that this Access Agreement is executed by their duly authorized representatives as of the date accepted and agreed upon below. Accepted and agreed, this 1(D -- day of NQj be4—• , 20 / ro . (Signature of P •.eiyy er) — r re fo • e Divisio DSCA Petition October 2007 Page 10 C Dept of F.nL:rc;a:ri..7-•:21 Quality Raleigh RegionalOacc NC Dept of Environmental Quality AUG 10 2022 Raleigh Regional Ofico Well finished at surface with locking well cap and 8" diameter flush - mounted manhole cover with 2' by 2' concrete pad. Cement Grout Extending From Ground Surface To Top of Bentonite Seal -- -40 Feet of 2" Diameter Schedule 40 PVC Casing Extending From Ground Surface to Top of Screen 2 Foot Bentonite Seal Groundwater Table #2 Filter Sand Pack Extending 2 Feet Above Screen 5 Feet of 2" Schedule 40 Well Screen (0.010" Slot) ENVIRONMENTAL • GEOTECNMICAL BUILDING SCIENCES • MATERIALS TESTING 2725 E. Millbrook Road, Suite 121 Raleigh, NC 27604 (919) 871-0999 PROJECT NO: DC3228SL02 DATE: 8/3/2022 REVIEWED BY: AW WELL CONSTRUCTION DETAIL — 1910 CHAPEL HILL ROAD Model Cleaners 1910 Chapel Hill Road Durham, Durham County, NC 27707 DSCA ID: DC320028 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF WATER RESOURCES —AQUIFER PROTECTION SECTION 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: 8/3/22 2. County: Durham FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): Monitoring 4. Applicant: Robert Smart (DSCA Petitioner for DSCA site ID DC320028) Telephone: 919 -3 83 -8883 Applicant's Mailing Address: DSCA Program, Mail Service Center 1646, Raleigh, NC 27699-1646 Applicant's Email Address (if available): J ay . king@ncdenr.gov 5. Contact Person (if different than Applicant): Ashley Winkelman, ATC Telephone: 919-573-1206 Contact Person's Mailing Address: 2725 E. Millbrook Road, Suite 121, Raleigh, NC 27604 Contact Person's Email Address (if available): ashley.winkelman@oneatlas.com 6. Property Owner (if different than Applicant): RAD Durham Owner I LLC Telephone: 919 - 6 82 - 2 7 51 Property Owner's Mailing Address: 2050 Chapel Hill Road, Durham, NC 27707 Property Owner's Email Address (if available): Director@scrapexchange . org 1801 Burke Street, Durham, NC 27707 7. Property Physical Address (including zip code) and PIN Number PIN 0821-15-61-1730 B. 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 Dry-cleaner (ex: non -discharge facility, waste disposal site, landfill, UST, etc.) 10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s). DSCA Site ID DC320028 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, four Existing Monitoring or Recovery Well Construction Permit No(s).: WM0501212 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 400 Feet 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yesugive distance(s): N/A 15. Well Contractor Innovative Environmental Technologies, Inc. Certification No.: 44006 Well Contractor Address: 30 Grant Park PI #7864. Piedmont, SC 29673 PROPOSED WELL CONSTRUCTION INFORMATION 1. As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing th4 fl Fgi f Environmental Quality a. Borehole and well diameter b. Estimated well depth c. Screen intervals d. Sand/gravel pack intervals e. Type of casing material and thickness f. Grout horizons g. Well head completion details {1G 10 2022 Continued on Reverse Raleigh Regional Ofsico PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2. Number of wells to be constructed in unconsolidated material: 2 5. How will the well(s) be secured? Locking well cap, flush -mount steel protective casing 3. Number of wells to be constructed in bedrock: _. p.__ 6. Estimated beginning construction date: 9f12/22 4. Total Number of wells to be constructed: 2 7. Estimated construction completion date: 9L14/22 (add answers from 2 and 3) 1. ADDITIONAL INFORMATION As required by 15A NCAC 02C .0105(t)(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, intersect:ons, streams, or lakes within 500 feet of the proposed well or well system. b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system. c. The proposed well or well system. d. Any test borings within 500 feet of proposed well or well system. e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas) within 500 feet of the proposed well or well system. SIGNATURES The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C) and accepts full responsibility for compliance with these rules Agent for DSCA site DC320028(will include Power Signature of Applicant or *Agent Ashley Winkelman Printed name of Applicant or 'Agent Title of Applicant or *Agent of Attorney upon request} * If signing as Agent, attach authorization agreement stating that you have the authority to act as the Agent. If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant 10 construct wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C). See attached access agreement See attached access agreement Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant) DIRECTIONS Please send the completed applicat on to the appropriate D.vision of Water Resources's Aquifer Protection Section Regional Office: Asheville Regional Office 2090 U.S. H'ghway 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 585 Waughtown Street Winston-Salem, NC wQ7 Phone: (336) 771-500 Ilp Fax: (336) 771-4630 Al ol�hV�l GW-22MR {Rev. 8113) ROY COOPER Governor ELIZABETH S. B1SER Secrrtwry MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality PROPERTY ACCESS CONSENT This document may not be modified without the Program's approval. If you have questions on how to fill out this form or about the activities at this site, please call the Dry -Cleaning Solvent Cleanup Act (DSCA) Programs' contractor for this project, Ashley Winkehnan with ATC Associates of North Carolina, P.C. (ATC) at ashlev.winkelman@atcgs.com or (919)871-0999. If you still have questions contacting Ms. Winkelman with ATC, please contact the DSCA project man Jay W. King at Jay. King@ncdenr.goN or (919)707-8367. Ip�� O1t'0 For DSCA Use Only DSCA ID No. DC320028 Please Print �AD 'Ouenl O n. O1/4c rw, ' ,� , LLB, after, ager, (Name of Property Owner or Tenant in Residence) 1801 Burke Street (Street Number and Street Name of Property) Durham / Durham / 27707 (City or Town in Which Property Is Located) / (County in Which Property is Located) 1 (Zip Code) I voluntarily consent to the Division of Waste Management (Division) and its independent contractors (contractors) entering and having continued access to my property for the following purposes: (1) taking such soil, groundwater andlor air samples as may be necessary; (2) taking other actions related to the investigation of surface or subsurface conditions; (3) taking response actions necessary to mitigate any threat to human health or the environment. Other conditions: (1) The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. (2) On conclusion of all activities, the Division and its contractors shall, to the extent practicable, restore the Property to the original condition it was in prior to any activities conducted by the Division or its contractors. All monitoring wells will be properly abandoned in accordance North Carolina Department of Environmental Quality Division of Waste Management 217 West Jones Street ' 1646 Mall Ser v:re Center I Raleigh. North Carolina 27699.1646 919.707.8200 with applicable laws and regulations, unless other arrangements are agreed to by the Property Owner. (3) The Division or its contractors will make reasonable attempts to notify the Property Owner at least 48 hours prior to entering the Property for any purpose. In situations that the Division determines to be of an emergency nature, the Division or its contractors shall have immediate access to the property. (4) Property Owner shall not willingly destroy, damage, remove, pave over or cover any monitoring wells at the site without prior consent of the Division. By signing this consent document, I acknowledge that I am the legal property owner or tenant in residence that has the authority to allow this work on the property and have contacted all tenants (if there are tenants) occupying the property and all tenants agree to the conditions of this "Property Access Consent". A�4Az, a�IE Ro la. (Signa re of Property er or Tenant in Residence) (Date) t°O log , a /51 (Telephone Number for Property Owner or Tenant in Residence for scheduling work/notification) 6.% re..c ftor es Cr cup fACC—inOt nv z, (Email Address for Property Owner or Tenant in Residence if you prefer to be contacted via email) Please return form to: Ashley Winkelman ATC Associates of North Carolina, P.C. 2725 E. Millbrook Road, Suite 121 Raleigh, NC 27604 Or via email to: ashley.winkelman@atcgs.com .D_EQ1 r a r t.w.�r ere North Carolina Department of Environmental Quality i Division of Waste Nfanagenter 1 217 West Jones Street lath Mil Service Center Raleigh, North Carolina 27e99 ibdG 919.707.8200 NC Dept of Environmental Quality r 1 t N Proposed Groundwater Monitoring Well SOURCE: DURHAM COUNTY GIS AUG 10 2022 Former Model Cleaners 1910 Chapel Hill Road = Proposed Monitoring Well 2725 E. Millbrook Road, Suite 121 W Raleigh, NC 27604 ENYIRONMENTAt • SEOTECNRICAL (919) 871-0999 BUItOIRS SCIENCES • HAIENIALS TESTINS %At SCALE: NTS DATE: 211712022 FIGURE 1 Proposed Monitoring Well Location MODEL CLEANERS 1910 CHAPEL HILL ROAD DURHAM, NC DSCA SITE ID DC320028 Deeper Well WELL CASING MATERIAL DIAMETER JOINT TYPE TYPE II MONITORING WELL CONSTRUCTION DETAILS - NESTED FLUSH GRADE MANHOLE CROSS SECTIONAL VIEW (NOT TO SCALE) LOCKABLE WELL CAPS sch 40 PVC 1 inch flush threaded LENGTH 40 feet SEAL TYPE OF SEAL bentonite THICKNESS DEPTH FILTER PACK TYPE OF FILTER 3 feet 35-38 feet #2 silica sand DISTANCE ABOVE SCREEN 2 feet FILTER PACK LENGTH 7 feet WELL SCREEN SCREEN MATERIAL sch 40 PVC DIAMETER 1 inch LENGTH SLOT SIZE 5 feet 0.010 inches DEPTH TO BOTTOM OF MONITORING WELL 45 feet * - Length is from top of deeper bentonite layer to the bottom of the shallower bentonite layer Shallow Well and General Well Specifics PROTECTIVE CASING AND CONCRETE PAD CASING MATERIAL CASING DIAMETER CASING LENGTH PAD DIMENSIONS HEIGHT ABOVE GROUND WELL CASING MATERIAL DIAMETER JOINT TYPE LENGTH BACKFILL AROUND CASINGS MATERIAL THICKNESS Steel 8 inches 12 Inches 2 feet x 2 feet flush mounted sch 40 PVC 1 Inch flush threaded 10 feet cement -sand grout 5 feet SEAL TYPE OF SEAL bentonite THICKNESS 3 foot DEPTH 5-8 feet FILTER PACK TYPE OF FILTER #2 silica sand DISTANCE ABOVE SCREEN 2 feet FILTER PACK LENGTH 27 feet* WELL SCREEN SCREEN MATERIAL sch 40 PVC DIAMETER 1 inch LENGTH 10 feet SLOT SIZE 0.010 inches DEPTH TO BOTTOM OF MONITORING WELL 20 feet DEPTH TO BOTTOM OF BOREHOLE 45.0 feet DIAMETER OF BOREHOLE 8 inches TITLE Nested Monitoring Well Model Cleaners - 1801 Burke Street 1910 Chapel Hill Road Durham, Durham County, North Carolina 2726 East Millbrook Road, Suite 121 Raleigh, North Carolina 27804 FILE PREP. BY AW DATE 8/112022 PROJECT NO. DC320028 NC Dept of Environmental Quality AUG 10 2022 Raleigh Regional Office NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF WATER RESOURCES --AQUIFER PROTECTION SECTION 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: 8/3/22 2. 3. 4. County: Durham FOR OFFICE USE ONLY PERMIT NO. _ ISSUED DATE _. What type of well are you applying for? (monitoring or recovery): Monitoring Applicant: Robert Smart (DSCA Petitioner for DSCA site ID DC320028) Telephone: 919 - 3 83 - 8883 Applicant's Mailing Address: DSCA Program, Mail Service Center 1646, Raleigh, NC 27699-1646 Applicant's Email Address (if available): ] ay. king@ncdenr . gov 5. Contact Person (if different than Applicant): Ashley Winkelman, ATC Telephone: 919-573-1206 Contact Person's Mailing Address: 2725 E. Millbrook Road, Suite 121, Raleigh, NC 27604 Contact Person's Email Address (if available): ashley.winkelman@oneatlas.com 6. Property Owner (if different than Applicant): 1920 Provision LLC Telephone: 919-748-4687 Property Owners Mailing Address: PO Box 52357, Durham, NC 27717 Property Owner's Email Address (if available): Andrewhonevsuckleco.com 1920 Chapel Hill Road, Durham, NC 27707 7. Property Physical Address (including zip code) and PIN Number PIN 0821-14-74-9695 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 Dry-cleaner (ex: non -discharge facility, waste disposal site, landfill, UST, etc.) 10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s). DSCA Site ID DC320028 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, four Existing Monitoring or Recovery Well Construction Permit No(s).: WM0501212 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 375 Feet 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yesygive distance(s): N/A 15. Well Contractor: Innovative Environmental Technologies, Inc. Certification No.: 44008 Well Contractor Address: 30 Grant Park PI 07864, Piedmont, SC 29673 1. As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing the following: tj 10 a. Borehole and well diameter e. Type of casing material and tliiness?�f b. Estimated well depth f. Grout horizonsc. '$f d. Screen n Intervals el pack intervals g• Well head completion details �kb'roa2/C� �co Continued on Reverse Ac iv 'ter PROPOSED WELL CONSTRUCTION INFORMATION11ro,7�0,2 121 PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2. Number of wells to be constructed in urronsol dated material: 1 3. Number of wells to be constructed in bedrock: 4. Tota' Number of wells to be constructed: (add answers from 2 and 3) 1. 0 1 5. How will the well(s) be secured? Locking well cap, flush -mount steel protective casing 6. Estimated beginning construction date: 9172122 7. Estimated construction completion date: 9/14/22 ADDITIONAL INFORMATION As required by 15A NCAC 02C .0105(0(5), attach a scaled map of the site showing the locations of the following: a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads, intersections, streams, or lakes within 500 feet of the proposed well or well system. b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system. c. The proposed well or well system. d. Any test borings within 500 feet of proposed well or well system. e. 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. 143-215.108(5), landfills, or other waste disposal areas) within 500 feet of the proposed well or well system. SIGNATURES The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C) and accepts full responsibility for compliance with these rules Signature of Applicant or *Agent Ashley Winkelman Agent for DSCA site DC320028(wi11 include Power Title of Applicant or `Agent of Attorney upon request) * if signing as Agent, attach authorization agreement stating Printed name of Applicant or *Agent that you have the authority to act as the Agent. If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C). See attached access agreement See attached access agreement Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant) DIRECTIONS Please send the completed appliv.at on to the appropriate Division of Water Resources's Aquifer Protection Section 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 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5000 Fax: (336) 771-4630 0/4C GW-22MR (Rev. 8l13) ROY COOPER Governor ELIZABETH S. BISER Secretory MICHAEL SCOTT Meteor NORTH CAROLINA Environmental Quality PROPERTY ACCESS CONSENT This document lump not be modified without the Pr•ogra m rc approval. Ifyou have questions on how milli out this form or about the activities at this site, please call the ay -Cleaning Solvent Cleanup Act (DSCA) Program's contractor for this project, Ashley Winkehnan with ATC Associates of North Carolina, P.C. (ATC) al you still have questions rresliars arflcr ashicy.winkchnan(tt:atcgs.com or (919)830-3576. If} contacting Ms. Winkelman with ATC, please contact the DSCA project manager, Jay W. King at Jay.King©ncdcnr.gov or (919)707-8367. NC Dept of Linvironrnental QuLlity AUG le 2022 Raleigh Regional C ice for DSCA Use Only DSCA 11) No, DC320028 Please Print 'llcifetoo Pkarri-- PJ1+- (Naiof Property Owner or Tenant in Residence) 1920 Chapel Hill Road (Strccl Number and Slrcct Name of Property) Durham / Durham 127707 (City or Town in Which Properly Is Located) / (County in Which Properly is Located) / (Zip Code) i volunlarily consent to the Division of Waste Management (Division) and its independent contractors (contractors) entering and having continued access to my property for the following purposes: (I) taking such soil, groundwater and/or air samples as may be necessary; (2) taking other actions related to the investigation of surface or subsurface conditions; (3) taking response actions necessary to mitigate any threat to human health or the environment. Other conditions: ( I ) The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. (2) On conclusion of all activities, the Division and its contractors shall, to the extent practicable, restore the Property to the original condition it was in prior to any activities conducted by the Division or its contractors_ All monitoring wells will be properly abandoned in accordance Nur th Corollna Department 01 Envlronmcntal Quality I Division of Wa%te Management 217 Weal Ones St reel 1 1101. Mali Service Center 1 Raleigh, North Carolina 271'I') t ,.11, 9I9.707.8200 with applicable laws and regulations, unless other arrangements are agreed to by the Property Owner. (3) The Division or its contractors will make reasonable attempts to notify the Property Owner at least 48 hours prior to entering the Properly for any purpose. In situations that the Division determines to be of an emergency nature, the Division or its contractors shall have immediate access to the property. (4) Property Owner shall not willingly destroy, damage, remove, pave over or cover any monitoring wells al the site without prior consent of the Division. By signing this consent document, I acknowledge that 1 am the legal property owner or tenant in residence that has the authority to allow this work on the property and have contacted all tenants (if there are tenants) occupying the property and nil tenants agree to the conditions of this "Property Access Consent". 3/3f ! Ja-- (Signature of Property Owner or Tenant in Residence) (Date) icQ 7 b(f -- GIG (Tclepho Nt ber for Property Owner or Tenant in Residence for scheduling work/notification) 40 .key&ickJe co .cod'• (Email Address for Property Owner or Tenant in Residence if you prefer to be contacted via email) Please return form to: Ashley Winkelman ATC Associates of North Carolina, P.C. 2725 E. Millbrook Road, Suite 121 Raleigh, NC 27604 Or via email to: ashley.wlnkelman@atcgs.cam North Carolina Department of tinvzrmimental Quality 1 Division of waste Management 217 West fonts Street 1111.16 Mali Service Center 1 Raleigh, North Carolina 2709 16•Ib 919.7071120D Well finished at surface with locking well cap and 8" diameter flush - mounted manhole cover with 2' by 2' concrete pad. Cement Grout Extending From Ground Surface To Top of Bentonite Seal 10 Feet of 2" Diameter Schedule 40 PVC Casing Extending From Ground Surface to Top of Screen 2-Foot Bentonite Seal 10 Feet of 2" Schedule 40 Well Screen (0.010" Slot) Groundwater Table ##2 Filter Sand Pack Extending 2 Feet Above Screen ATC ENVIRONMENTAL • GEOTECHNICAL BUILDING SCIENCES • MATERIALS TESTING 2725 E. Millbrook Road, Suite 121 Raleigh, NC 27604 (919) 871-0999 PROJECT NO: DC3228SL02 DATE: 8/3/2022 REVIEWED BY: AW WELL CONSTRUCTION DETAIL- 1920 CHAPEL HILL ROAD Model Cleaners 1910 Chapel Hill Road Durham, Durham County, NC 27707 DSCA ID: DC320028 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF WATER RESOURCES — AQUIFER PROTECTION SECTION 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 mori Loring or recovery wells. 1. Date: 8/3/22 2. County: Durham FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE .. 3. What type of well are you applying for? (monitoring or recovery): Monitoring 4. Applicant: Robert Smart (DSCA Petitioner for DSCA site ID DC320028) Telephone: 919- 3 8 3-8 883 ApplicantsMailingAddress: DSCA Program, Mail Service Center 1646, Raleigh, NC 27699-1646 Applicant's Email Address (if available): 7 ay . king@ncdenr . gov 5. Contact Person (if different than Applicant): Ashley Winkelman, ATC Telephone: 919-573-1206 Contact Person's Mailing Address: 2725 E. Millbrook Road, Suite 121, Raleigh, NC 27604 Contact Person's Email Address (if available): ashley.winkelman@oneatlas.com 6. Property Owner (if different than Applicant): Triple B #26, LLC Telephone: 252-353-2141 Property Owner's Mailing Address: 530 SE Greenville Blvd., Ste 200, Greenville, NC 27858 Property Owner's Email Address (if available): josexton(abrodyco.com 2000 Chapel Hill Road, Durham, NC 27707 7. Property Physical Address (including zip code) and PIN Number PIN 0821-14-44-2126 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 Dry-cleaner (ex: non -discharge facility, waste disposal site, landfill, UST, etc.) 10. Are there any current water qualdy permits or incidents associated with this facility or site? If so, list permit and/or incident no(s). DSCA Site ID DC320028 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, four Existing Monitoring or Recovery Well Construction Permit No(s).: WM0501212 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 300 Feet 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yes„give distance(s): NA 15. Well Contractor: Innovative Environmental Technologies, Inc. Certification No.: Well Contractor Address: 30 Grant Park PI #7864,,Piedmont, SC 29673 4400E PROPOSED WELL CONSTRUCTION INFORMATION — T 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 Contrued on Reverse PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2. Number of wells to be constructed in unconsolidated 5. How will the well(s) be secured? Locking well cap, 1 material: flush -mount steel protective casing 3. Number of wells to be constructed in bedrock: 0 6. Estimated beginning construction date: 9/12/22 4. Total Number of wells to be constructed: (add answers from 2 and 3) 1. 1 7. Estimated construction completion date: 9/14/22 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) wilt 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 Agent for DSCA site DC320028(wi11 include Power Signature of Applicant or *Agent Ashley Winkelman Title of Applicant or *Agent of Attorney upon request) * tf signing as Agent, attach authorization agreement stating Printed name of Applicant or *Agent that you have the authority to act as the Agent. If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C). See attached access agreement See attached access agreement Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant) DIRECTIONS Please send the completed application to the appropriate Division of Water Resources's Aquifer Protection Section 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 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5000 Fax: (336) 771-4630 GW-22MR (Rev. 8/13) STATE OF NORTH CAROLINA COUNTY OF DURI-HAM PROPERTY ACCESS AGREEMENT THIS PROPERTY ACCESS AGREEMENT ("Agreement") is made as of this the .019 clay of , 2022, by and between, TRIPLE fi #26, LLC ("Grantor"), and ATC A SOCIATES OF NORTH CAROLINA, PC ("Grantee"). ItI;CITALS WHEREAS, Grantor owns certain real property located at 2000 Chapel Hill Road, Durham, North Carolina 27707 (the "Property"), in Durham County, North Carolina; WHEREAS, an investigation of subsurface soil, air, and groundwater conditions related to the Model Cleaners facility located at 1910 Chapel Hill Road, Durham, North Carolina 27707 ("DSCA Site DC320028"), is being conducted under the direction of the North Carolina Department of Environmental Quality ("NCDI3Q"), Division of Waste Management Dry -Cleaning Solvent Cleanup Program ("DSCA Program") to determine the extent of dry cleaning solvent and petroleum contaminants that may have entered the soil, air, and groundwater beyond DSCA Site DC320028 and at the Property; WHEREAS, Grantee, on behalf of the DSCA Program, has agreed to enter the Property for the limited purpose of investigation through taking surface and subsurface soil, air, and water samples on and around the Property as described in the DSCA Program's Property Access Consent form attached as Exhibit A; and, WHEREAS, this Agreement is entered into by the Parties to provide Grantee access to the Property to enable Grantee to investigate the environmental condition of the Property as required by the DSCA Program under stale law. NOW, THEREFORE, in consideration of the premises and the mutual promises set forth below, none of which shall constitute an admission of liability or fault or an admission against interest by either Party, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant of Right of Access. Grantor, to the extent required by law, grants to Grantee, its representatives, contractors, subcontractors, agents, and such other persons lawfully performing on behalf of Grantee, a limited right of access to and entry on the Property to investigate the soil, air, and groundwater conditions, and subsequent monitoring sampling if' needed, of the Property in accordance with the DSCA Program investigation of DSCA Site DC320028 as described in Exhibit A. 2. Requirements. a. In connection with its entry on the Property or any act or omission concerning an investigation of the Property, Grantee, its representatives, contractors, subcontractors, ngents and all other persons performing the investigation on the Properly, proceed at their own risk and expense, and shall comply with such rules and procedures as may apply to installation and sampling of monitoring wells, and shall exercise reasonable care not to impair the integrity ot'any structures on the Property, b, Cirnnlce shall indemnify and hold harmless Grantor and any other owner of the Property, their respective heirs, successors or nssigns, front and against any and all, liabilities, losses, costs and expenses (including reasonable attorneys' fees and costs of defense), but excluding consequential losses including but limited to Toss of profits, or incurred by, an indemnified party to the extent caused by or resulting from the negligence or willful misconduct of'Grantee, its representatives, contractors, agents or any other person performing the environmental invcstigntion of the Property on Grantee's behalf or under Grantee's oversight, except to the extent such losses result from negligence or willful misconduct by the Grantor, any other owner of the Property, their respective heirs, successors or nssigns. c. In performing the environmental investigation of, including the installation of any monitoring wells on, the Property, Grantee, its representatives, contractors, subcontractors, agents, or any other person acting on its behalf, shall perform such activities during daylight hours and do all things necessary so as not to unduly disturb the normal use of the Property. d. To the extent allowable by NCDEQ Grantee agrees to provide to Grantor a copy of any and all test data and results from the investigation and assessment of the Property upon completion of report(s) required under the DSCA program. c. Grantee agrees to cause any monitoring wells installed during the site investigation to be located in a mutually agreeable location and returned to its original condition upon wells being properly abandoned (i.e. closed) as required by NCDEQ under applicable rules and regulations once the wells arc no longer needed. 3. Term. The term of this Agreement shall commence on the date of execution of this Agreement and shall run for a period of twelve (12) months. If not then extended in writing by either Party at the conclusion of the initial Term, this Agreement shall automatically terminate except upon thirty (30) days prior written notice by Grantee to Grantor of an intention to extend the tern of the Agreement for an additional term of twelve (12) months. 4. No Liability Admitted. The Parties acknowledge and agree that by entering into this Agreement, no Party has admitted any liability of any sort for the possible environmental contamination referred to in this Agreement, No Party has waived any right of any kind in connection with asserting a claim against the other in connection with the possible cnviromnenlal contamination referred to in this Agreement. S. Notice, Any notice required or permitted under this Agreement shall be deemed fully given if sent in writing personally or by certified or registered mail with return receipt requested, addressed as follows: Grantor I lyman J. 13roc1y Triple B 0126, LLC 530 SE Greenville Boulevard, Suite 200 Greenville, NC 27858 Amy P. Wang, issq. Ward and Smith, P.A. Post Office Box 867 New Bern, North Carolina 28563-0867 Grantee Gabriel Arnos ATC Associates of North Carolina, P.C. 2725 E. Millbrook Road, Suite 121 Raleigh, NC 27604 A Party may, by Iikc written notice, at any time designate a different address to which notices shall be subsequently sent. 6. Miscellaneous Provisions, Any amendment to this Agreement, and any waiver of any condition or provision contained herein, shall not be valid unless in writing and signed by the affected Party. The invalidity of any portion of this Agrccment shall have no effect on the balance hereof. This Agreement, and the rights and obligations of each Party shall be construed under the laws of the State of North Carolina. This Agreement shall be binding upon and inure to the benefit of Parties and their respective successors or assigns. This Agreement shall not be assigned by either Party in whole or in part or rights otherwise transferred without the prior written consent of the other, and any such assignment without prior written consent shall be null and void and of no legal effect. Consent to assignment shall not be unreasonably withheld. This Agreement is entered into solely to benefit the Parties hereto and no other third person or entity shall be entitled to the benefits hereof except as above provided. This Agreement shall supersede any previously executed property access agreement for investigation of this Property by or on behalf of the Parties. Nothing in this Agreement shall be deemed to create between the Parties a joint venture or agency. This Agreement may not be recorded. The headings arc used for convenience only. The singular shall include the plural and the masculine, feminine or neuter, includes the other. This Agreement shall be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one document. 'Ile Parties hereto affirm that the individuals signing this Agreement have been granted the authority to do so. The Parties further affirm they wi11 comply with all the terms and conditions of this Agreement. Triple H 026, LLC ATC Associates ofNorth Cnrolinn, P.C. 13y: By: � ���---- Hyman J. Brody, Man ! er Gabriel Antos Date: jvti ' ti . Date: t N Former Model Cleaners 1910 Chapel Hill Road Proposed Groundwater Monitoring Well SOURCE: DURHAM COUNTY GIS Proposed Monitoring Well II1111SOl1IilISL • illlrtlt1ICLL UI1SIII KIWIS • 1Ii117111i TIST110 2725 E. Mlllbroak Road, Sella 121 Raleigh, NC 27004 (910) 571-0990 SCALE: NTS DATE: 2/1712022 FIGURE 1 Proposed Monitoring Well Location MODEL CLEANERS 1910 CHAPEL HILL ROAD DURHAM, NC DSCA SITE ID DC320028 i44 k } 1 • Well finished at surface with locking well cap and 8" diameter flush - mounted manhole cover with 2' by 2' concrete pad. -Cement Grout Extending From Ground Surface To Top of Bentonite Seal 10 Feet of 2" Diameter Schedule 40 PVC Casing Extending From Ground Surface to Top of Screen — 2-Foot Bentonite Seal 10 Feet of 2" Schedule 40 Well Screen (0.010" Slot) 4— „ Groundwater Table #2 Filter Sand Pack Extending 2 Feet Above Screen ATC ENVIRONMENTAL• GEOTECNNICAL BUILDING SCIENCES • MATERIALS TESTING 2725 E. Millbrook Road, Suite 121 Raleigh, NC 27604 (919) 871-0999 PROJECT NO: DC3228SL02 DATE: 8/3/2022 REVIEWED BY: AW WELL CONSTRUCTION DETAIL- 2000 CHAPEL HILL ROAD Model Cleaners 1910 Chapel Hill Road Durham, Durham County, NC 27707 DSCA ID: DC320028 1801 Burke Street - PIN 0821-15-61-1730 000 Chapel Hill Road - PIN 0821-14-44-2126 Already Existing Well Proposed Well 1910 Chapel Hill Road - PIN '0821-14-98-1688 1920 Chapel Hill Road - PIN 0821-14-74-9695 O ▪ 0500 0289 MW-3 r LEGEND: MW-1 MONITORING WELL wet Alen00oetion — DURHAM COUNTY PARCELS PCE ISOCONCENTRATION GDNTOUR (DASHED WHERE INFERR 3) (mgiL) NOTE ALL LOCATIONS ARE APPROXIMAT \tIV-2 1 o-21- - -- Co.ultsteot mg/L ttn, hbweth. kn., J 0005n14 VUVichlnnde 00724 \I\F'-1 I _ Caprd mgL len. met$ 0305 ..uphIFutter 0.00930.1.E 1ne!ik: .•et6y'Jeie 0.0351 VD; SUPPLY WELL RTY LINE ARE APPROXIMATE NE4 r ,411/4 >M." • 17111 pl. v....4g ilrf- r adapv A 11115 7-'2"F411., jingo,