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HomeMy WebLinkAboutWQ0029894_Final Permit_20230119 (3)DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E ROY COOPER Governor ELIZABETH S. BISERr,z.� a2 Secretary RICHAM E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality January 19, 2023 Stallings Oil Company 300 S. Weslyan Blvd, Suite 200 Rocky Mount, NC 27804 Subject: Monitoring Well Construction Permit # WM0501533 Former Zip Mart #15 NC DOT center median of Sunset Ave. Rocky Mount, NC 27804 — Nash County Mr. Discoll: In accordance with the application received on January 17, 2023, we are forwarding herewith Monitoring Well Construction Permit No. WM0501533 effective January 19, 2022, issued for the construction of a monitor well system (installation of two wells). Please be aware that some counties have well construction programs, and you may be required to obtain a well construction permit 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. Sincerely, ocu Signed by: E�D ale t.SS0, f, 2916E6AB32144F... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure cc: RRO Files/Laserfiche D E Q ,fJ North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA (J1(�.'�O'�.(�OQO Department of Emlmnmenfal Duali� DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E 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 Stallings Oil Company FOR THE CONSTRUCTION OF A MONITOR WELL SYSTEM consisting of two monitoring wells owned by Stallings Oil Company, 300 S. Weslyan Blvd, Suite 200, Rocky Mount, NC 27804. The wells will be located in the center median of Sunset Avenue, Rocky Mount, NC 27804, on property owned by the NC Department of Transportation. This Permit is issued in accordance with the application received on January 17, 2023, 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 19th of January 2023 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: LPt9Q1APRARR91 ain t,SS& f. At.ain ut t) 6r dd1 Scott Vinson, Regional Supervisor Division of Water Resources By Authority of the Environmental Management Commission Permit No. WM0501533 D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 Depanmem of Envlmnmenml Dual DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E 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: 1/16/2023 2. County: Nash FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): Monitoring__ 4. Applicant: Stallings Oil Company Telephone: 252-4540-8225 Applicant's Mailing Address: 300 S. Wesl an Blvd Suite 200 Rocky Mount NC 27804 Applicant's Email Address (if available): btolman(a)bmtco.net 5. Contact Person (if different than Applicant): Scott Driscoll Telephone: 704-698-1227 x2627 Contact Person's Mailing Address: Geological Resources, Inc., 113 W. Firetower Rd., Suite G, Winterville, NC 28590 Contact Person's Email Address (if available): sdriscoll@(Ieologicalresourcesinc.com 6. Property Owner (if different than Applicant): NC Department of Transportation Telephone: 252-237-6164 Property Owner's Mailing Address: 1501 Mail Service Center, Raleigh, NC 27669-1501 Property Owner's Email Address (if available): 7. Property Physical Address (Including PIN Number) State of North Carolina — 2400-2500 Block in Center Median of Sunset Ave City Rocky Mount County Nash Zip Code 27804 8. Reason for Well(s): IAssessment . (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 UST (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). NCDEQ Incident No, 15091 Type of contaminants being monitored or recovered: Petroleum (ex: organics, nutrients, heavy metals, etc.) Are there any existing wells associated with the proposed well(s)? If yes, how many? 20 Existing Monitoring or Recovery Well Construction Permit No(s).: Distance from proposed well(s) to nearest known waste or pollution source (in feet): Are there any water supply wells located less than 500 feet from the proposed well(s)? If yes, give distance(s): No 15, Well Contractor: Justin Radford Certification No.: 3270 Well Contractor Address: 3502 Haves Road Monroe NC 28110 PROPOSED WELL CONSTRUCTION INFORMATION As required by 15A NCAC 02C .0105(f)(7), attach a welt 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 DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E Cl. 5anaigravei pack intervals Continued on Reverse PROPOSED WELL CONSTRUCTION INFORMATION (Continued) Number of wells to be constructed in unconsolidated material: 2 Number of wells to be constructed in bedrock: 0 Total Number of wells to be constructed: 2 (add answers from 2 and 3) How will the well(s) be secured? Locking/Manhole Estimated beginning construction date: Jan 2023 Estimated construction completion date: Jan 2023 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. 143-215.1013(5), landfills, or other waste disposal areas) within 500 feet of the proposed well or well system. SIGNATURES The Applicant assumes total responsibility for ensuring that the well(s) will be located, constructed, maintained, and abandoned in accordance with 15A NCAC 02C. Signature of Applicant or *Agent s Printed name of Applicant or Agent f1 t e (- w 02 1:- 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 well(s) as outlined in this Well Construction Permit application and acknowledges that it shall be the responsibility of the Applicant to ensure that the well(s) will be located, constructed, maintained, and abandoned in accordance with 15A NCAC 02C. RTE Attached 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) t' -w 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 '105 0 DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E STATE OF NORTH CAROLINA ROUTE US64 PROJECT Zipmart #15 COUNTY OF Nash DEPARTMENT OF TRANSPORTATION -AND- ical Resources Inc 3502 Hayes Rd Monroe, NC 28110 THIS AGREEMENT, made and entered into this the RIGHT OF WAY ENCROACHMENT AGREEMENT FOR NON -UTILITY ENCROACHMENTS ON PRIMARY AND SECONDARY HIGHWAYS day of 120 , by and between the Department of Transportation, party of the first part; and Geological Resources Inc party of the second part, WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) US64 (center median) , located 2412 Sunset Ave., Rocky Mount, Nash County, NC with the construction and/or erection of: Two Type II monitoring wells. Wells are being constructed to dertermine the extent of ground water contamination. WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and maintenance operations. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the second part from the party of the first part. FORM R/W 16.1A (Revised February 2021) DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E R/W (161A) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R/W (161A) incorporating all revisions to date. IN WITNESS WHERE -OF, each of the parties to this agreement has caused the same to be executed the day and year first above writte i. DEPARTMENT OF TRANSPORTATION 0 1) L cis : BY: . x 4 `y a: DIVISION ENGINEER ATTEST ORWITTNESS°`��-: Geological Resouces, Inc. Secretary INSTRUCTIONS Geological Resouces, Inc. Vice President, Account Management Second Party When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of the State Utilities Manager. In the space provided in this agreement for execution, the name of the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this agreement and the names of all persons signing the agreement should be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and ramps. 2. Right of way lines and where applicable, the control of access lines. 3. Location of the proposed encroachment. 4. Length and type of encroachment. 5. Location by highway survey station number. If station number cannot be obtained, location should be shown by distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the Raleigh office.) 6. Drainage structures or bridges if affected by encroachment. 7. Typical section indicating the pavement design and width, and the slopes, widths and details for either a curb and gutter or a shoulder and ditch section, whichever is applicable. 8. Horizontal alignment indicating general curve data, where applicable. 9. Vertical alignment indicated by percent grade, P.I. station and vertical curve length, where applicable. 10. Amount of material to be removed and/or placed on NCDOT right of way, if applicable. 11. Cross -sections of all grading operations, indicating slope ratio and reference by station where applicable. 12. All pertinent drainage structures proposed. Include all hydraulic data, pipe sizes, structure details and other related information. 13. Erosion and sediment control. 14. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that such information cannot be shown on plans or drawings. 15. The Department's Division Engineer should be given notice by the applicant prior to actual starting of installation included in this agreement. 16. Method of handling traffic during construction where applicable. 17. Scale of plans, north arrow, etc. DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E STATE OF NORTH CAROUNA DEPARTMENT OF TRANSPORTATION Roy Cooper Governor October 19, 2022 Geological Resources Inc. 3502 Hayes Rd Monroe,NC 28110 SUBJECT: Encroachment Contract - Geological Resources Inc. Route(s): US 64 ( Sunset Ave ) Encroachment Number: E042-064-22-00222 Nash County Dear Sir: J. Eric Boyette Secretary Attached for your files is a copy of right-of-way encroachment agreement R/W 16.1A that has been properly executed. This contract covers the following: Two (2) Type II monitoring wells. Wells are being constructed to determine the extent of ground water contamination. The Encroacher shall notes the District Engineer's Office (252) 462-2550 prior to beginning work. The Encroacher shall provide 24 hours notification for inspections. This encroachment is approved subject to the standard and special provisions that are attached to and made part of the encroachment contract. KGB/BLL/rim Attachments cc: Mr. B. L. Liverman, PE- District Engineer Nash County Maintenance Engineer Respectfully yours, UocoSigned �y For K. Bowen L�'ABt=A31782784EF... Bobby Liverman, PE District Engineer PO Box 3165 - Wilson, NC 27895-3165 Nash County Encroachment Letter PH: (252) 237-6164 FAX: (252) 234-6174 DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E Standard Provisions 1. Approval may be rescinded upon failure to follow any of the provisions in this permit and may be considered a violation of the encroachment agreement. 2. The Encroaching party or their contractor shall provide the following notices prior to construction activity within the NCDOT Right of Way: a.Three (3) business days advance phone call at telephone (252) 462-2553 or email to rlgross@ncdot.gov to the District Engineer's office b.If the construction falls within the limits of an NCDOT managed construction project, five (5) business days advance phone call to the Resident Engineer, Ms. Kim Moore at (252) 462-2582 or email to kdmoorel@ncdot.gov. Failure to provide these notifications prior to beginning construction is subject to the Division Engineer's discretion to cease construction activity for this encroachment. NCDOT reserves the right to cease any construction or maintenance work associated with this installation by the encroaching parry until the construction or maintenance meets the satisfaction of the Division Engineer or their representative. 3. Prior to beginning work, it is the requirement of the Encroaching Party to contact the appropriate Utility Companies involved and make arrangements to adjust or relocate any utilities that conflict with the proposed work. 4. It shall be the responsibility of the encroaching parry to determine the location of utilities within the encroachment area. NCGS § 87-115 through § 87-130 of the Underground Utility Safety and Damage Prevention Act requires underground utilities to be located by calling 811 prior to construction. The encroaching parry shall be responsible for notifying other utility owners and providing protection and safeguards to prevent damage or interruption to existing facilities and maintain access to them. 5. The encroaching party shall notify the appropriate municipal office prior to beginning any work within the municipality's limits of jurisdiction. 6. This approval and associated plans and supporting documents shall not be interpreted to allow any design change or change in the intent of the design by the Owner, Design Engineer, or any of their representatives. Any revisions or changes to these approved plans or intent for construction must be obtained in writing from the Division Engineer's office or their representative prior to construction or during construction, if an issue arises during construction to warrant changes. 7. NCDOT does not guarantee the right of way on this road, nor will it be responsible for any claim for damages brought about by any property owner by reason of this installation. It is the responsibility of the encroaching parry to verify the right of way. 8. Encroaching party shall be responsible for obtaining all necessary permanent and/or temporary construction, drainage, utility and/or sight distance easements. Nash County Encroachment Letter DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E 9. WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING PROGRAM All personnel performing any activity inside the highway right of way are required to be familiar with the NCDOT Maintenance / Utility Traffic Control Guidelines (MUTCG). No specific training course or test is required for qualification in the Maintenance /Utility Traffic Control Guidelines (MUTCG). All flagging, spotting, or operating Automated Flagger Assist Devices (AFAD) inside the highway right of way requires qualified and trained Work Zone Flaggers. Training for this certification is provided by NCDOT approved training resources and by private entities that have been pre -approved to train themselves. All personnel involved with the installation of Work Zone Traffic Control devices inside the highway right of way are required to be qualified and trained Work Zone Installers. Training for this certification is provided by NCDOT approved training resources and by private entities that have been pre -approved to train themselves. All personnel in charge of overseeing work zone Temporary Traffic Control operations and installations inside the highway right of way are required to be qualified and trained Work Zone Supervisors. Training for this certification is provided by NCDOT approved training resources and by private entities that have been pre -approved to train themselves. For questions and/or additional information regarding this training program please refer to https:Hconnect.ncdot.gov/projects/WZTC/Pages/Training.aspx or call the NCDOT Work Zone Traffic Control Section (919) 814-5000. 10. The party of the second part shall employ traffic control measures that are in accordance with the prevailing federal, state, local, and NCDOT policies, standards, and procedures. These policies, standards, and procedures include, but are not limited to the following: a.Manual on Uniform Traffic Control Devices (MUTCD) — North Carolina has adopted the MUTCD to provide basic principles and guidelines for traffic control device design, application, installation, and maintenance. North Carolina uses the MUTCD as a minimum requirement where higher supplemental standards specific to North Carolina are not established. Use fundamental principles and best practices of MUTCD (Part 6, Temporary Traffic Control). b.NCDOT Maintenance / Utility Traffic Control Guidelines — This document enhances the fundamental principles and best practices established in MUTCD Part 6, Temporary Traffic Control, incorporating NCDOT-specific standards and details. It also covers important safety knowledge for a wide range of work zone job responsibilities. 11. Nighttime and weekend operations will NOT be allowed unless written approval is received from the District Engineer. If nighttime or weekend work is allowed or required, all signs must be retro-reflective, and a work zone lighting plan must be submitted for approval prior to construction. Nash County Encroachment Letter DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E 12. Two-way traffic shall be maintained at all times unless designated by the District Engineer. Traffic shall not be rerouted or detoured without the prior written approval from the District Engineer. No utility work will be allowed on state holidays from 7:00 PM the night before through 9:00 AM the day prior to, following or during local events without prior approval from the District Engineer. If the construction is within 1000 feet of a school location or on a designated bus route, the construction shall be coordinated with the school start and end times to avoid traffic delays. 13. Work requiring lane or shoulder closures shall not be performed on both sides of the road simultaneously within the same area. 14. Any work requiring equipment or personnel within 5 feet of the edge of any travel lane of an undivided facility and within 10 feet of the edge of any travel lane of a divided facility shall require a lane closure with appropriate tapers per current NCDOT Roadway Standard Drawings or MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. 15. Any pavement markings that are damaged or obliterated shall be restored by the encroaching party at no expense to NCDOT. 16. The encroaching party shall comply with all applicable Federal, State and local environmental regulations and shall obtain all necessary Federal, State and local environmental permits, including but not limited to, those related to sediment control, stormwater, wetland, streams, endangered species and historical sites. Additional information can be obtained by contacting the NCDOT Roadside Environmental Engineer regarding the North Carolina Natural Heritage Program or the United States Fish and Wildlife Services. Contact the Division Roadside Environmental Engineer's Office at 252- 640-6427. 17. When surface area in excess of one acre will be disturbed, the Encroacher shall submit a Sediment and Erosion Control Plan which has been approved by the appropriate regulatory agency or authority prior to beginning any work on the Right of Way. Failure to provide this information shall be grounds for suspension of operations. Proper temporary and permanent measures shall be used to control erosion and sedimentation in accordance with the approved sediment and erosion control plan. 18. The Verification of Compliance with Environmental Regulations (VCER-1) form is required for all non -utility encroachment agreements or any utility encroachments when land disturbance within NCDOT right of way exceeds I acre. The VCER-I form must be PE sealed by a NC registered professional engineer who has verified that all appropriate environmental permits (if applicable) have been obtained and all applicable environmental regulations have been followed. Nash County Encroachment Letter DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E 19. All erosion control devices and measures shall be constructed, installed, maintained, and removed by the Encroacher in accordance with all applicable Federal, State, and Local laws, regulations, ordinances, and policies. Permanent vegetation shall be established on all disturbed areas in accordance with the recommendations of the Division Roadside Environmental Engineer. All areas disturbed (shoulders, ditches, removed accesses, etc.) shall be graded and seeded in accordance with the latest NCDOT Standards Specifications for Roads and Structures and within 15 calendar days with an approved NCDOT seed mixture (all lawn type areas shall be maintained and reseeded as such). Seeding rates per acre shall be applied according to the Division Roadside Environmental Engineer. Any plant or vegetation in the NCDOT planted sites that is destroyed or damaged as a result of this encroachment shall be replaced with plants of like kind or similar shape. 20. The contractor shall not begin the construction until after the traffic control and erosion control devices have been installed to the satisfaction of the Division Engineer or their 21. An executed copy of the encroachment agreement, provisions and approved plans shall be present at the construction site at all times. If safety or traffic conditions warrant such an action, NCDOT reserves the right to further limit, restrict or suspend operations within the right of way. 22. The Encroaching Parry and/or their Contractor shall comply with all OSHA requirements. If OSHA visits the work area associated with this encroachment, the District Office shall be notified by the encroaching parry immediately if any violations are cited. 23. All disturbed areas are to be fully restored to current NCDOT minimum roadway standards or as directed by the Division Engineer or their representative. Disturbed areas within NCDOT Right -of -Way include, but not limited to, any excavation areas, pavement removal, drainage or other features. 24. The encroaching party shall notify the Division Engineer or their representative immediately in the event any drainage structure is blocked, disturbed or damaged. All drainage structures disturbed, damaged or blocked shall be restored to its original condition as directed by the Division Engineer or their representative. 25. Unless specified otherwise, during non -working hours, equipment shall be located away from the job site or parked as close to the right of way line as possible and be properly barricaded in order not to have any equipment obstruction within the Clear Recovery Area. Also, during non -working hours, no parking or material storage shall be allowed along the shoulders of any state -maintained roadway. 26. Right of Way monuments disturbed during construction shall be referenced by a registered Land Surveyor and reset after construction. 27. If the approved method of construction is unsuccessful and other means are required, prior approval must be obtained through the District Engineer before construction may continue. Nash County Encroachment Letter DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E 28. All traffic control, asphalt mixes, structures, construction, workmanship and construction methods, and materials shall be in compliance with the most -recent versions of the following resources: ASTM Standards, Manual on Uniform Traffic Control Devices, NCDOT Utilities Accommodations Manual, NCDOT Standard Specifications for Roads and Structures, NCDOT Roadway Standard Drawings, NCDOT Asphalt Quality Management System manual, and the approved plans. 29. It is the responsibility of the encroaching parry or their contractor to prevent any mud/dirt from tracking onto the roadway. Any dirt which may collect on the roadway pavement from equipment and/or truck traffic on site shall be immediately removed to avoid any unsafe traffic conditions. 30. The Encroaching party shall notify the District Engineer's office within 2 business days after construction is complete. The District Engineer may perform a construction inspection. Any deficiencies may be noted and reported to the encroaching party to make immediate repairs or resolve any issues to restore the right-of-way to a similar condition prior to construction, including pavement, signage, traffic signals, pavement markings, drainage, structures/pipes, or other highway design features. Special Provisions 1. Excavation within 1000 feet of a signalized intersection will require notification by the encroaching party to the Division Traffic Engineer at telephone number (252) 640-6505 no less than one week prior to beginning work. All traffic signal or detection cables must be located prior to excavation. Cost to replace or repair NCDOT signs, signals, pavement markings or associated equipment and facilities shall be the responsibility of the encroaching party. 2. Traffic control shall be coordinated with the District Engineer at telephone (252) 462- 2550, prior to construction. 3. Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special attention shall be paid to police, EMS and fire stations, fire hydrants, secondary schools, and hospitals. 4. Traffic shall be maintained at all times. All lanes of traffic are to be open during the hours of 7:00 A.M. to 9:00 A.M. and from 4:00 P.M. to 6:00 P.M. Monday through Friday, during any time of inclement weather, or as directed by the District Engineer. Any violation of these hours will result in ceasing any further construction by the Encroaching Party or their contractor. 5. No trees within NCDOT ROW shall be cut without authorization from the Division Roadside Environmental Engineer. Mitigation is required and will be determined by the Division Roadside Environmental Engineer's Office. 6. Prior to installation, the Encroaching Party shall contact the District Engineer to discuss any environmental issues associated with the installation to address concerns related to the root system of trees impacted by boring or non -utility construction of sidewalk, roadway widening, etc. Nash County Encroachment Letter DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E 7. The applicant is responsible for identifying project impacts to waters of the United States (wetlands, intermittent streams, perennial streams and ponds) located within the NCDOT right-of-way. The discharge of dredged or fill material into waters of the United States requires authorization from the United States Army Corps of Engineers (USACE) and certification from the North Carolina Division of Water Quality (NCDWQ). The applicant is required to obtain pertinent permits or certification from these regulatory agencies if construction of the project impacts waters of the United States within the NCDOT right-of- way. The applicant is responsible for complying with any river or stream Riparian Buffer Rule as regulated by the NCDWQ. The Rule regulates activity within a 50-foot buffer along perennial streams, intermittent streams and ponds. Additional information can be obtained by contacting the NCDWQ or the USACE. 8. The contractor shall perform all monitoring and record keeping and any required maintenance of erosion and sediment control measures to maintain compliance with stormwater regulations. 9. Excavation material shall not be placed on pavement. 10. Any pavement damaged because of settlement of the pavement or damaged by equipment used to perform encroachment work, shall be re -surfaced to the satisfaction of the District Engineer. This may include the removal of pavement and a 50' mechanical overlay. All pavement work and pavement markings (temporary and final) are the responsibility of the Encroaching Parry. Nash County Encroachment Letter DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E STATE OF NORTH CAROLINA ROUTE US64 PROJECT Zipmart #15 COUNTY OF Nash DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT FOR NON -UTILITY ENCROACHMENTS ON -AND- PRIMARY AND SECONDARY HIGHWAYS Geological Resources Inc 3502 Hayes Rd Monroe, NC 28110 THIS AGREEMENT, made and entered into this the 19 th day of octobel-20 22 , by and between the Department of Transportation, party of the first part; and Geological Resources Inc party of the second part, WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) US64 (center median) , located 2412 Sunset Ave., Rocky Mount, Nash County, NC with the construction and/or erection of: Two Type II monitoring wells. Wells are being constructed to dertermine the extent of ground water contamination. WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Hicihways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and maintenance operations. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all wnrk iinlass avirinnnn of annrnval can hP shnwn_ DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E R/W (161A) : Party of the Second Part certifies that this agreement is true and accurate copy of the form R1W (161A) incorporating all revisions to date. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above writte) - =' DEPARTMENT OF TRANSPORTATION DocmSignedby! .. 0 - .: _Q BY: Ba y., For K . Bowen LZ 18FlNGINEER ATTEST OR'WITNESS. Geological Resouces, Inc. Secretary INSTRUCTIONS Geological Resouces, Inc. Vice President. Account Management Second Party When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of the State Utilities Manager. In the space provided in this agreement for execution, the name of the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this agreement and the names of all persons signing the agreement should be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and ramps. 2. Right of way lines and where applicable, the control of access lines. 3. Location of the proposed encroachment. 4. Length and type of encroachment. 5. Location by highway survey station number. if station number cannot be obtained, location should be shown by distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the Raleigh office.) 6. Drainage structures or bridges if affected by encroachment. 7. Typical section indicating the pavement design and width, and the slopes, widths and details for either a curb and gutter or a shoulder and ditch section, whichever is applicable. 8. Horizontal alignment indicating general curve data, where applicable. 9. Vertical alignment indicated by percent grade, P.I. station and vertical curve length, where applicable. 10. Amount of material to be removed and/or placed on NCDOT right of way, if applicable. 11, Cross -sections of all grading operations, indicating slope ratio and reference by station where applicable. 12. All pertinent drainage structures proposed. Include all hydraulic data, pipe sizes, structure details and other related information. 13. Erosion and sediment control. 14. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by the Department must be shown on a separate sheet attached to encroachment agreement provided that such information cannot be shown on plans or drawings. DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E TYPE II MONITORING WELL TYPICAL CONSTRUCTION DETAILS CONCRETE PA GROUND SURFACE 0'- GROUT CEMENT BEN TONI TE SEA SAND FIL TER PACK PROPOSED WELL DEPTH 15' BGS 6R Geological Resources, Inc. MANHOLE COVER Traffic bearing; flush mounted; domestic steel BLOCKING WELL CAP .441 2 INCH DIAMETER SCHEDULE 40 PVC CASING a ° (PROPOSED CASING LENGTH a OF 2 FEET) a TOP OF BENTONITE 2' BGS TOP OF SAND PACK X BGS 0.010 INCH SLOTTED 2 INCH DIAMETER SCHEDULE 40 PVC SCREEN (PROPOSED SCREEN LENGTH OF 10 FEET) END CAP Note: 1. This diagram is not to scale. DocuSign Envelope ID: 74CBD4B0-99A7-4527-A320-CCEB5C3A639E LEGEND 0 TYPE // MONITORING WELL TYPE N MONITORING WELL (4) RECOVERY WELL — — PROPERTY LINE 1 1 STREAM BED 1 MW-14R MW--B 0 1 MW-2 1 MW-14 (40 MW--10 0 ZIP MART #15 0 MW-13 0 1 � I I W-2 I FORMER I MW--21 MW-22 I STALLINGS I a UST SYSTEM I I I BP STA T/ON 1 PROPERTY 1 I TA TTOO ' SHOP MW-3 MW0-25 0 DW-1 1 MW-20 1 0 MW015 *RW--3 I @)RW--S MWO 7 MW-18 MW--17 O 1 MW--9 0 1 0 RW-1 n MW 2 RW-4 MW-23---, L"Wn --190 MW-16R RW-6 LL J-L J J Proposed Well Location J W-16 M o4 GRASS & SIDEWALK 0 FORMER CANOPY w/ FORMER DISPENSER ISLANDS MW-5 O GRASS & SIDEWALK SUNSET % VENUE - Proposed Well Location MW-12 was destroyed 120' M o'2 MEDIAN a rwI 1 SITE MAP 0 15 30 so Zip Mort #15 2412 Sunset Avenue 6R ( IN FEET ) Rocky Mount, Nosh County, NC Incident # 15091 Geological Resources, Inc. 1 inch = 30 ft Date: 0JI18114 Drawn by. ECH I Figure: 2