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HomeMy WebLinkAboutWM0501512_Final Permit_20221011DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality October 11, 2022 Circle K Stores, Inc. c/o Maureen A. Jackson 1100 Situs Court, Suite 100 Raleigh, NC 27606 Subj ect: Monitoring Well Construction Permit # WM0501512 Circle K Store #2724660 1523 E. 11 Street Siler City, NC 27344 — Chatham County Ms. Jackson: In accordance with the application received on August 29, 2022, we are forwarding herewith Monitoring Well Construction Permit No. WM0501512 dated October 11, 2022, issued for the construction of a monitor well system (installation of three wells). 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 Tyler Clark at (919) 791-4234. Enclosure cc: RRO Files/Laserfiche NORTH CAROLINA Department M Environmental Quality Sincerely, DocuSigned by: LI oft uit,setn, BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 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 Circle K Stores, Inc. FOR THE CONSTRUCTION OF A MONITOR WELL SYSTEM (Circle K Store #2724660) consisting of three monitoring wells owned by Circle K Stores, Inc. at mailing address 1100 Situs Court, Suite 100 Raleigh, NC 27606. The wells will be located on the properties owned by Incommercial Net Lease DST 4, 117 N. Jefferson Street, Suite 303, Chicago, IL 60661 . This Permit is issued in accordance with the application received on August 29, 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 11th of October 2022 FOR THE NORTH CAROLINA EAR®bNiFaT1 4L MANAGEMENT COMMISSION SitoScott VinNun, e_iona spervisor Divisio`nEif liet2N16kiiRs. By Authority of the Environmental Management Commission Permit No. WM0501512 D_E NORTH CAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 ATC ASSOCIATES OF NORTH CAROLINA, P.C. 2725 E. Millbrook Road, Suite 121 Raleigh, North Carolina 27604 Tel: 919-871-0999 Fax: 737-207-8261 www.oneatlas.com N.C. Engineering License No. C-1598 August 29, 2022 Mr. Scott Vinson North Carolina Depai tiuent of Environmental Quality Raleigh Regional Office Division of Water Quality, Aquifer Protection Section 3800 Barrett Drive Raleigh, North Carolina 27609 RE: Application for Permit to Construct a Monitoring Well System Former Circle K Store #2724660 1513 E. 11th Street Siler City, Chatham County, North Carolina NCDEQ Incident No. 47762 Dear Mr. Vinson: On behalf of Circle K Stores, Inc., ATC Associates of North Carolina, P.C. (ATC) has obtained a Right of Entry permission for the installation of three groundwater monitoring wells on property located at 1523 E. 1 1th Street Siler City, North Carolina. I have attached the well construction permit application to this cover letter. Drilling will be scheduled upon receipt of the approved permit to construct a monitoring well system. We greatly appreciate your assistance in this matter. If you have any questions or concerns, please feel free to contact me at (919) 561-3893 or via email at maureen.jackson@oneatlas.com. Sincerely, TC ASSOCIAT OF NORTH CAROLINA, P.C. aureen iacxson, . Senior Project Manager DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM PLEASE TYPE OR PRINT CLEARLY In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto, application is hereby made for a permit to construct monitoring or recovery wells 1 Date: August 29, 2022 2 County: Chatham 3. 4 Applicant: Circle K Stores, Inc. FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE What type of well are you applying for? (monitoring or recovery): Monitoring Telephone: (919) 774-6700 Applicant's Mailing Address: 1 100 Situs Court, Suite 100 Raleigh, North Carolina 27606 Applicant's Email Address (if available): acubberley@circlek.com Contact Person (if different than Applicant): Maureen Jackson Telephone: (919) 561-3893 Contact Person's Mailing Address: 2725 E. Millbrook Road, Suite 121 Raleigh, North Carolina 27604 Contact Person's Email Address (if available): maureen.jackson@oneatlas.com 6 Property Owner (if different than Applicant): Incommercial Net Lease DST 4 Telephone: Property Owner's Mailing Address: 117 N. Jefferson St, Suite 303 Chicago, IL 60661-2300 Property Owner's Email Address (if available): 7 Property Physical Address (Including PIN Number) 1523 E. I lth St (PIN #8762-20-82-8288) City Siler City County Chatham Zip Code 27344 Reason for Well(s): petroleum release assessment for Circle K Store #2724660 (UST incident #47762) (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 UST (ex: non -discharge facility, waste disposal site, landfill, UST, etc ) 10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s) UST incident #47762 11 Type of contaminants being monitored or recovered: petroleum (ex: organics, nutrients, heavy metals, etc.) 12 Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes - 16 Existing Monitoring or Recovery Well Construction Permit No(s).: N/A 13 Distance from proposed well(s) to nearest known waste or pollution source (in feet): Approx. 300 to 400 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: Geologic Exploration Certification No.: 1 176 Well Contractor Address: 176 Commerce Blvd. Statesville, North Carolina 28625 PROPOSED WELL CONSTRUCTION INFORMATION 1 As required by 15A NCAC 02C 0105(f)(7), attach a well construction diagram of each well showing the following a. Borehole and well diameter 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 Continued on Reverse DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2 Number of wells to be constructed in unconsolidated 5. How will the well(s) be secured? material: 3 Steel traffic bearing cover. sealing and locking cap 3 Number of wells to be constructed in bedrock: 0 Estimated beginning construction date: Sept/Oct 2022 4 Total Number of wells to be constructed: (add answers from 2 and 3) 1. 7 Estimated construction completion date: Sept/Oct 2022 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. b c. d e. 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. All existing wells, identified by type of use, within 500 feet of the proposed well or well system. The proposed well or well system. Any test borings within 500 feet of proposed well or well system 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 Signature of Applicant or *Agent Maureen A. Jackson, PG on behalf of Circle K Stores, Inc. Printed name of Applicant or *Agent Senior Project Manager ATC Associates of NC Title of Applicant or *Agent * If signing as Agent, attach authorization agreement stating that you have the authority to act as the Agent. If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C) Fxeciitecl and signed ROE attached Signature of Property Owner (if different than Applicant) Incommercial Net Lease DST 4 Printed name of Property Owner (if different than Applicant) DIRECTIONS Please send the completed application to the appropriate Division of Water Resources' Regional Office Asheville Regional Office 2090 U S Highway 70 Swannanoa, NC 28778 Phone: (828) 296-4500 Fax: (828) 299-7043 Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, NC 28301-5094 Phone: (910) 433-3300 Fax: (910) 486-0707 Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704) 663-6040 Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Phone: (919) 791-4200 Fax: (919) 571-4718 Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Fax: (252) 975-3716 Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7215 Fax: (910) 350-2004 Winston-Salem Regional Office 450 W Hanes Mill Road Suite 300 Winston-Salem, NC 27105 Phone: (336) 776-9800 Fax: (336) 776-9797 GW-22MR Rev. 3-1-2016 DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 From: Cubberley, Alan Sent: Wednesday, February 17, 2021 8:11 AM To: Maureen Jackson Subject: [EXTERNAL] RE: Permits ]External Email] This email originated ti•om outside of the Atlas mail system. Please use caution when opening attachments. I give Maureen Jackson permission to sign permits on behalf of Circle K (NPDES, well permits for off -site wells, UST (DEQ) forms). Alan Cubberley Senior Manager — Risk Control Fuel and Environmental — North America e:acubberleyCcdcirclek.com t: (330) 634-2101 m: (330) 814-4032 Circle K Stores Inc. 1100 Situs Court, Suite 100 Raleigh, NC 27606 http://corpo.couche-tard.com/en/business-units/ Part of Alimentation Couche-Tard CONFIDENTIALITY NOTE: This e-mail message, including any attachment(s), contains information that may be confidential, protected by the attorney -client or other legal privileges, and/or proprietary non-public information. if you are not an intended recipient of this message or an authorized assistant to an intended recipient, please notify the sender by replying to this message so that we can correct our records to avoid the mistake in the future and then delete it from your system. Use, dissemination, distribution, or reproduction of this message and/or any of its attachments (if any) by unintended recipients is not authorized and may be unlawful. Your cooperation with this request is appreciated. From: Maureen Jackson <maureen.jackson@atcgs.com> Sent: Wednesday, February 17, 2021 7:47 AM To: Cubberley, Alan <acubberley@Circlek.com> Subject: [EXTERNAL] Permits Importance: High onouSignEnvelope ID: 0o8uA4FC-540o-40oE-8rs0-C9Asuo80ozo4 | PROPOSED MONITORING WELL CONSTRUCTION DETAILS FLUSH GRADE MANHOLE CROSS SECTIONAL VIEW (NOT TC)SCALE) LOCKABLE WELL CAP PROTECTIVE CASING AND CONCRETE PAD CASING MATERIAL steel 8 inches L4\ / i L2 B u = o FT, m~ 10 ft rr m~ 15 ft rr 1-4~ 25 ft pr CASING DIAMETER CASING LENGTH PAD DIMENSIONS HEIGHT ABOVE GROUND Flush 12\noheo 2x2feet WELL CASING MATERIAL DIAMETER JOINT TYPE LENGTH — ----BACKF|LLAROUNDCAS\NG MATERIAL THICKNESS SEAL TYPE OFSEAL THICKNESS FILTER PACK TYPE 0FFILTER DISTANCE ABOVE SCREEN — WELL SCREEN SCREEN MATERIAL DIAMETER LENGTH SLOT SIZE __--DEPTH TOBOTTOM OF MONITORING WELL *-- -- DEPTH TO BOTTOM OF BOREHOLE DIAMETER OF BOREHOLE 2inobey flush threaded cement -sand grout bentonite 2fpet. #2 silica sand 2inchns 15 feet 0.010innhes 125feet _ '25feet 6 inches _ TITLE FIGURE Proposed Monitoring Well Circle KStore #272460O 1513E. 11UlSt. Siler City, NC � / | 2725 E.KoU|bronkRoad, Suite 121 Raleigh, North Carolina 27604 FILE PREP BY MAJ REV. BY PROJECT NO. DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 SITE ACCESS AGREEMENT THIS SITE ACCESS AGREEMENT ("Agreement") is entered into by and between CIRCLE K STORES INC., a Texas Corporation ("Circle K"), and Incommercial Net Lease DST 4 (hereinafter referred to in the singular as "Owner"). RECITALS The foregoing recitals are hereby incorporated by reference. A. Owner holds record title to certain real property located at 1523 E. 11th Street (PIN #8762-20-82-8288) in the City of Siler City, Chatham County, State of North Carolina, as depicted in Exhibit "A" attached hereto and incorporated herein (the "Property"); B. Circle K has assumed responsibility for the management and performance of Work (as defined in Paragraph 1 [Rights Granted]) on the Property; C. Circle K and its agents seek Owner's authorization to access the Property to conduct the Work (as defined in Paragraph 1 [Rights Granted]); D. Owner is willing to grant Circle K access to the Property for the above -described purposes. TERMS 'AND CONDITIONS NOW, THERETOFORE, in consideration of the mutual covenants and promises herein, the parties herby agree as follows: 1. RIGHTS GRANTED Owner hereby grants to Circle K, its employees, agents, representatives, consultants and contractors (collectively, for purposes of this Agreement, "Circle K Parties"), a license over, under and across the Property for the purpose of performing certain work under government agency oversight or direction, relating to release [NCDEQ Incident No. 47762] or otherwise required to meet the obligations of applicable laws (the "Work"). The NCDEQ is requesting Circle K to install three groundwater monitoring wells on the Property. Owner agrees to fully cooperate with Circle K, including the execution of additional documents, if necessary, in order to obtain permits or other documents from a government agency required to install, abandon or remove Circle K's equipment used in connection with the Work. 2. PERFORMANCE OF THE WORK Circle K agrees, at its sole cost and expense, to conduct and perform the Work in a prompt, safe, efficient and workmanlike manner and in compliance with all applicable federal, state or local laws, regulations or ordinances. 14390031 2/010609.0074 DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 3. TERM This Agreement shall terminate upon completion of the Work. Completion of the Work typically involves issuance of a "no further action" or similar closure letter by the government agency with oversight authority regarding environmental matters. 4. RESTORATION If entry onto the Property by Circle K, or the exercise by Circle K of any of its rights or obligations under this Agreement, result in any material physical damage to the Property, Circle K shall promptly repair and restore as ,needed the portions of the Property damaged to substantially the same condition as existed prior to the damage or exercise of such right or obligation. Circle K shall also be responsible for the repair of (and reimburse Owner or any third party for) any out-of-pocket expenses arising from damage to personal property or person resulting directly from the Work. 5. INDEMNITY Circle K agrees to indemnify, defend and hold Owner, its agents, successors, and assigns, harmless from and against any claims, causes of action, or lawsuits brought by a third party arising directly from the performance of the Work. Circle K shall perform all Work conducted under this Agreement at its sole cost and expense. 6. INSURANCE Circle K shall maintain, or cause its "consultants or contractors who perform the Work under this Agreement to maintain industry -standard insurance for the type of Work being performed at the Property and for the entire time the Work is being performed. 7. LIENS Circle K shall discharge any bond or otherwise secure against all liens and attachments that are filed in connection with the Work, and shall indemnify and save Owner and the Property harmless from and against any and all loss, damage, injury, liability and claims made by any third party resulting directly from such liens and attachments. 8. NOTICES Any notices required to be made under this Agreement shall be made in writing to the address of the appropriate party as set forth below. All such notices shall be deemed to have been duly given and received upon mailing, delivery by courier, personal delivery service, or electronic mail. Parties may alter or modify their notice address by delivery of written notice pursuant to the terms of this Agreement. To Owner(s): 14390031.2/010609.0074 DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 To Circle K: 9. REPORTS Circle K Stores Inc. 1100 Situs Court, Suite 100 Raleigh, NC 27606 Attn: Alan Cubberley Phone: (330) 814-4032 x1823 Email: acubberley@circlek.com Upon request, Circle K shall provide Owner with copies of all final reports upon written request, laboratory test results, and other communications submitted to a government agency regarding the Work performed on the Property. In the event Owner performs any environmental investigations at the Property during the time the Work is being performed, Owner shall provide Circle K with a copy of any final report(s) and laboratory results created as a result of such work. 10. APPLICABLE LAW This Agreement shall be interpreted, and any dispute arising hereunder shall be resolved, in accordance with the substantive laws of the State of Arizona, without reference to choice of law rules. 11. ALTERNATIVE DISPUTE RESOLUTION (ADR) If a dispute arises between the parties relating to this Agreement, the parties agree to use the following procedure prior to pursuing other legal remedies: (a) A meeting among the parties shall promptly be held in , attended by individuals with decision -making authority regarding the dispute, who will attempt in good faith to negotiate a resolution of the dispute. (b) If within fifteen (15) days after the meeting, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation using a mediator who is mutually acceptable, and to bear equally the costs of the mediation. (c) The parties agree to participate in good faith in the mediation process related to their dispute for a period of thirty (30) days from the commencement of the mediation. If the parties are not successful in resolving the dispute through mediation, then: (1) If both parties agree, they may submit the matter to a binding arbitration or a private adjudicator which has been mutually agreed upon; or (2) Either party may initiate litigation upon ten (10) days advance written notice to the other party. 14390031.2/010609 0074 DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 12. COUNTERPARTS This Agreement may be executed in counterparts, all of which together shall constitute one and the same Agreement. 13. INTEGRATION This document represents the entire Agreement between the parties. The parties acknowledge that this Agreement supersedes and replaces any and all prior agreements between the parties regarding the subject matter herein. No modification of the terms hereof shall be effective unless in writing and duly executed by the authorized representatives of the respective parties. 14. NO ADMISSION OF LIABILITY The parties acknowledge and agree that neither this Agreement, the act of entering into it, nor an actor or omission pursuant hereto shall be construed as an admission of any nature. 15. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. The Owner shall promptly notify Circle K within five (5) days of any transfer of its interest in the Property and shall provide a copy of this Agreement to any and all transferees. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective as of the last date set forth below, ■ Yr! ro`w► 014 IriorceAt r leAS.a DST 4 By: Name: eictlr— Covve44,0 Name: Date: - d4 ao?-i} CIRCLE K STORES INC., a Texas Corporation By: Name: Name: Date: 14390031.2/010609.0074 DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 1523 E. 11th Street Siler City, NC Proposed Monitoring Well Location DocuSign Envelope ID: 6D82A4FC-546B-40DE-8FB6-C9AE2D86B2B4 500-Foot Radius Map NC DWM Site Locator Tool • Proposed Monitoring Well Location (approx) 8/29/2022, 10:00:41 AM J UST Incidents Land Use Restriction and/or Notices County Boundary 1:2,257 0 0.01 0.03 0.06 mi 1 ti 1 II I I 0 0.03 0.05 0.1 km NCDOT GIS Unit, Esri Community Maps Contributors, Town of Cary, State of North Carolina DOT, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, Notice and Restriction NC Division of Waste Management Esri Community Maps Contributors, Town of Cary, State of North Carolina DOT, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA I Copyright:© 2013 National Geographic