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HomeMy WebLinkAboutWM0501590_Final Permit_20231019DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Mr. Dari Amad Moore's Citgo 106 Brockton Ridge Drive Garner, NC 27529 Sent Via Email NORTH CAROLINA Environmental Quality October 19, 2023 Subject: Monitoring Well Construction Permit # WM0501590 Moore's Citgo 305 South Church Street Kenly, NC 27542—Johnston County Mr. Amed: In accordance with the application received on October 19, 2023, we are forwarding herewith Monitoring Well Construction Permit No. WM0501590 dated October 19, 2023, issued for the construction of a monitoring well. Please be aware that some counties have well construction programs, and you may be reauired to obtain a well construction aermit 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 Michael Hall at (919) 791-4237 or via email at michael.hall@deg.nc.gov. Sincerely, DocuSigned by: UAVU,SSu. -e, 82916E6AB32144F... Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosure -Permit -Application Package Ec: Rae Trajano Brown, Geological Resources, Inc. 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: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 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 Moore's Citgo FOR THE CONSTRUCTION OF A MONITORING WELL owned by Moore's Citgo at mailing address 106 Brockton Ridge Drive, Garner, NC 27529. The wells will be located on the property owned by the North Carolina Department of Transportation at 405 A South Church Street, Kenly, NC 27542. This Permit is issued in accordance with the application received on October 19, 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. ocuSigned by: E�D & f, �l.atn.ttit,(,2916E6AB32144F... Vanessa E. Manuel, Assistant Regional Supervisor Division of Water Resources By Authority of the Environmental Management Commission Permit Number: WM0501590 Permit Issued: October 19, 2023 D E Q �J 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 NORrH CAROLINA �/ 919.707.9000 oepanmem or environmental auaii DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 IYVRI rl IiNRVLII9N I.JCrNRI Mr- IY I yr CIYvIRVIJMENTAL 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. Date: 10/19/23 2. County: FOR OFFICE USE ONLY PERMIT NO. ISSUED DATE 3. What type of well are you applying for? (monitoring or recovery): Monitoring 4. Applicant: Dari Amad Telephone: 252-452-1848 Applicant's Mailing Address: 106 Brockton Ridge Drive, Garner NC 27529 Applicant's Email Address (if available): dar ddari(a'�man.com 5. Contact Person (if different than Applicant): Rae Brown Telephone: 252-227-3005 Contact Person's Mailing Address: 113 West Firetower Road, Suite G, Winterville NC 28590 Contact Person's Email Address (if available): rtbCa�geologicalresourcesinc.com 6. Property Owner (if different than Applicant): NC DOT Telephone: 919-739-5300 Property Owner's Mailing Address: 67 Jr Rd Suite 700, Selma, NC 27576 Property Owner's Email Address (if available): jtwilkins2 a(�ncdot.gov 7. Property Physical Address (Including PIN Number) 405 A South Church Street (NC Pin 265720-92-0292) City Kenly County Johnston Zip Code 27542 8. Reason for Well(s): Suspected 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: 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). Incident 7709 / 47395 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? 8 Existing Monitoring or Recovery Well Construction Permit No(s).: WM0501567 13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): 40' 14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No If yes, give distance(s): 15. Well Contractor: Justin Radford Certification No.: 3270A Well Contractor Address: 3502 Haves Road, Monroe NC 28110 PROPOSED WELL CONSTRUCTION INFORMATION 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 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29U sued 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 material: 1 Expansive well cap 3. Number of wells to be constructed in bedrock: 0 6. Estimated beginning construction date: Nov 2023 4. Total Number of wells to be constructed: 1 7. Estimated construction completion date: Nov 2023 (add answers from 2 and 3) ADDITIONAL INFORMATION 1. 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. G. 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 assumes total responsibility for ensuring that the well(s) will be located, constructed, maintained, and abandoned in nrrnr&;nra With 16A N( A( n7r. kW JAwalu Signature of Applicant or *Agent Rae Troiano Brown Printed name of Applicant or *Agent Project Manager 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. See attached DOT agreement NC DOT 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 Raleigh Regional Office Swannanoa, NC 28778 3800 Barrett Drive Wilmington Regional Office Phone: (828) 296-4500 Raleigh, NC 27609 127 Cardinal Drive Extension Fax: (828) 299-7043 Phone: (919) 791-4200 Wilmington, NC 28405 Fax: (919) 571-4718 Phone: (910) 796-7215 Fayetteville Regional Office Fax: (910) 350-2004 225 Green Street, Suite 714 Washington Regional Office Fayetteville, NC 28301-5094 943 Washington Square Mall Winston-Salem Regional Office Phone: (910) 433-3300 Washington, NC 27889 450 W. Hanes Mill Road Fax: (910) 486-0707 Phone: (252) 946-6481 Suite 300 Fax: (252) 975-3716 Winston-Salem, NC 27105 Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704) 663-6040 GW-22M/R (Rev. 5-26-2022) DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 PROFESSIONAL SERVICES AGREEMENT In Reference to Proposal # 23-536 I. SERVICES. Geological Resources, Inc. ("GRI") proposes to perform the services for the undersigned client ("CLIENT") at the fees and costs set forth in the scope of services and cost proposal attached hereto and incorporated herein by reference (the "Services"). GRI represents and warrants that the Services will be performed in a manner consistent with customary industry standards. No other representation, warranty, or guaranty, expressed or implied, is intended. II. FEES. GRI reserves the right to revise its fee schedule subject to thirty (30) days written notice. In the event GRI revises its fee schedule, CLIENT shall have fifteen (15) days from receipt of notice of the revision to determine whether to terminate this Agreement. Any revision to the Services shall be pursuant to a written change order agreed to in advance by CLIENT and made a part of this Agreement. III. CONFIDENTIALITY. The Services are solely for the benefit of CLIENT. This Agreement shall not be construed as creating any contractual relationship of any kind between GRI and any third party. The information and materials provided by GRI to CLIENT in connection with the Services shall be utilized by CLIENT only for the purposes contemplated by this Agreement, and shall not be provided by CLIENT to third parties without the prior written consent of GRI, except that GRI agrees that information and materials provided by GRI to CLIENT may, if required, be provided to and used by governmental regulatory agencies, CLIENT's attorneys, and pursuant to any valid court order. GRI agrees that all reports and other documents prepared for CLIENT pursuant to this Agreement are the property of CLIENT. GRI also agrees that it will not disclose to any third party any documents, reports, laboratory data or other information generated, created or produced for CLIENT pursuant to this Agreement unless required by law, pursuant to a valid court order, or upon written instruction of CLIENT. IV. CLIENT DISCLOSURES. CLIENT shall notify GRI of any known or suspected hazardous substances or conditions on the property upon which the Services are to be performed which in anyway relate to or affect the Services and GRI shall have the right to rely on the accuracy of such CLIENT -furnished information. Thereafter, GRI shall take all reasonably necessary and appropriate measures to protect its employees, agents and subcontractors against such possible hazards and to prevent adverse impacts to the environment. The cost of such measures shall constitute a revision to the Services and shall be managed in accordance with Section II of this Agreement. V. RIGHT OF ENTRY. GRI is to have free access to the applicable properties at the times and on the dates Services are scheduled. Delays to GRI are subject to waiting time charges to the extent such delays are caused by CLIENT or its employees, contractors or agents. GRI shall take reasonable and customary precautions to prevent damage to CLIENT's property. CLIENT understands that the discovery of certain hazardous substances and conditions and/or the taking of preventive measures relative to these substances and conditions may result in a reduction of the value of the property upon which the substance or condition is found to exist or on which the preventative measures are taken. Accordingly, CLIENT waives any claim against GRI and its subcontractors and agrees to defend, indemnify and hold GRI and its subcontractors harmless from any claim based upon the diminished value of real property allegedly arising from the discovery of a hazardous substance or condition or the taking of a preventive measure, unless such claim is based upon GRI's gross negligence. 1of2 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 VI. INDEMNIFICATION. GRI will defend, indemnify and hold harmless CLIENT and its representatives, agents, employees and successors and assigns from and against any and all claims, suits, actions, losses, penalties, fines and damages of any nature whatsoever, including reasonable attorney's fees, expert witness fees, consultant fees and court costs (collectively "Legal Claims and Costs") arising or resulting from (1) GRI's breach of this Agreement; and/or (2) GRI's negligence or intentional misconduct. In addition to the specific provisions set forth above, CLIENT will defend, indemnify and hold harmless GRI and its representatives, agents, employees and successors and assigns from and against any and all Legal Claims and Costs arising or resulting from (1) CLIENT's breach of this Agreement; and/or (2) CLIENT's negligence or intentional misconduct, and (3) the existence of any hazardous substance or condition at any site(s) where Services are performed, unless the negligent conduct of GRI exacerbates and causes the spread of such hazardous substance(s) or the development of such hazardous condition. VII. PAYMENT TERMS CLIENT agrees to be responsible for all charges as set forth in the GRI Proposal # 23-536. The work outlined will be payable by the CLIENT in the following manner: A. For NCDEQ Trust Fund Non -Reimbursable Costs (as outlined in Proposal # 23-536), CLIENT is responsible to pay those items in full thirty days from the date of invoice. B. For NCDEQ Trust Fund Reimbursable Costs, GRI will submit a co -pay reimbursement package for those costs to the North Carolina State Trust Fund Program. GRI will wait for payment from CLIENT until the North Carolina State Trust Fund Program has reimbursed CLIENT these costs. Therefore, upon receipt of the Trust Fund reimbursement check, CLIENT will endorse the check and send it to GRI within 1 (one) business day of receiving the reimbursement. ** If the payment has not been received within 90 days of the claim submittal, CLIENT must submit payment to GRI immediately. Additionally, as GRI completes the reimbursement package for NCDENR's payment, CLIENT is required to sign the appropriate documents as requested. Vill. COMPLETE AGREEMENT. This Agreement, along with its attachments, including the GRI Proposal # 23-536 incorporates all of the provisions and contemporaneous discussions, representations, understandings, and agreements between the parties with respect to the subject matter of this Agreement. The terms and conditions expressed in this Agreement shall not be altered except in writing, signed by both parties. IX. APPLICABLE LAW. This Agreement is governed by, and will be construed in accordance with the laws of the state where such property is located. Executed as of the latest date set forth below. GEOLOGICAL RESOURCES, INC. By: Date: 08 22 2023 Dari Amed (Moore's Ci y C) f By: Date: _1 2of2 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here. y Result 1 id: 03003005 Tag: 03003005 NCPin: 265720-82-6363 3�5 Mapsheet No: 265720 Owner Name 1: SHRI GANESHA INC Owner Name 2: Mail Address 1: 403 S CHURCH ST Q40 Mail Address 2. S� Mail Address 3: KENLY, NC 27542-0000 rt'� Site Address 1: 405 A S CHURCH ST Site Address 2: KENLY, NC 27542- G Book: 03853 4 a 7 Page: 0039 G, " 4 Market Value: 430690 SSW Assessed Acreage: 1.700 Calc. Acreage: 1.670 Sales Price: 407500 1 ti _ ,•' Sale Date: 2010-06-02 4L '\ 3 Proposed well location \ 5 306-113 306-C \ 4. �\ 306-113 Scale: 1:629 - 1 in. = 52.4 feet Johnston County GIS (The scale is only accurate when printed landscape on a 8 1/2 x 11 size sheet with no page scaling.) October 5, 2023 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 1-o'- o� o� S GNURCH 51 1'.500-FOOT RADIUS • 265720-82-9003 LEGEND ---- Ditch Street Centerlines — — — Hydrology Adjacent Parcels Johnston County NC parcels_2020 F0 150 300 L Fe l I I I _1 inch = 300 feet N COLLEGE AVE FIGURE 3: SITE VICINITY MAP MOORE'S CITGO j o2 305 SOUTH CHURCH STREET KENLY, JOHNSTON COUNTY NORTH CAROLINA INCIDENT NO. 7709 / 47395 GRI NO. 5285 PREPARED BY: GEOLOGICAL RESOURCES, INC. SEPTEMBER 1 2022 0 500-FOOT RADIUS o �\1,000-FOOT RADIUS Geological Resources. Inc_ DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 TYPE 11 MONITORING WELL TYPICAL CONSTRUCTION DETAILS CONCRETE P GROUND SURFACE 0,— GROUT CEMENT Sf N TONI Tf - SEAL L MANHOLE CO Vf R Traffic bearing; flush mounted; domestic steel ,,—LOCKING WELL CAP 01 2 INCH DIAMETER SCHEDULE 40 PVC CASING (PROPOSED CASING LENGTH OF 2 FEET a. 7L� TOP Of SEN TONI TE 2'865- 0.010 INCH SLOTTED 2 INCH DIAMETER SCREEN SCHEDULE 40 PVC SCR (PROPOSED SCREEN LENGTH OF 10 fff-T SAND f -1L TER PACK PROPOSED WELL DEPTH 15'BGS END CAP Moore's Citgo Kenly NC Note: 1. This diagram is not to scale. GRI 5285 Geological Resources, Inc. DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 s,w- STATE,y�v PJ rya Mv�'� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER ERIC BOYETTE GOVERNOR October 12, 2023 SECRETARY Rae Brown Geological Resources, Inc. 3502 Hayes Rd Monroe, NC 28110 SUBJECT: Encroachment Contract - Geological Resources, Inc. W Goldsboro St Monitoring Well Route(s): SR 2167 Encroachment Number: E043-051-23-00431 Johnston County Dear Mr. Brown: Attached for your files is a copy of the right-of-way encroachment agreement R/W 16.1 that has been properly executed. This contract covers the following: Installation of I monitoring well. This encroachment is approved subject to the standard and special provisions that are attached to and made part of the encroachment contract. Sincerely, Jeffrey Wilkins, Assistant District Engineer FOR Keith Eason, PE, Division Engineer DKE/jtw Attachments ecc: Jennifer K. Collins - District Engineer 67 Jr Rd Suite 700 Selma, NC 27576 PH: (919)739-5300 Website: www.ncdot.gov DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 Special Provisions 1. The Encroaching party or their contractor shall provide a three (3) business days advance notices prior to construction activity within the NCDOT Right of Way to the District Engineer's Office by phone call at telephone (919) 739-5300. The Encroaching party or their contractor shall also have a copy of this Approval Package (cover letter and provisions) on site at all times during construction. Failure to provide Approval Package when asked or these notifications prior to beginning construction is subject to the Division Engineer's discretion to cease construction activity for this encroachment. NCDOT reserves the right to cease any construction or maintenance work associated with this installation by the encroaching party until the construction or maintenance meets the satisfaction of the Division Engineer or their representative. 2. Excavation within 1000 feet of a signalized intersection will require notification by the encroaching party to the Division Traffic Engineer at telephone number (252) 640-6500 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. 3. All maintenance associated with the utility and/or sidewalk will be the responsibility of the 2nd or 3rd party (If applicable) and not NCDOT. 4. Backfill material placed around utility lines, curb and gutter, manholes and/or drainage structures in NCDOT R/W outside travel lanes shall be placed at a maximum of 6 inch loose layers and each layer thoroughly compacted, obtaining a minimum of 98% density in Accordance with AASHTO T99 as modified by NCDOT. If this installation involves construction within any roadway travel area the final subgrade layer shall obtain 100% density. for sll material to a depth of 8 inches below the finished surface of the subgrade. NCDOT reserves the right to require density testing on backfill placed around any structure or utility with in NCDOT Right of Way. Approval, or recommendations for compliance, will be provided upon receipt and review of the report. The subgrade shall be compacted at a moisture content which is approximately that required to produce the maximum density indicated by the above test method. The contractor shall dry or add moisture to the subgrade when required to provide a uniformly compacted and acceptable subgrade. The option to backfill any trenches with dirt or either #57 stone or #78 stone with consolidation with a plate tamp and without a conventional density test may be pursued with the written consent of the District Engineer. 5. Excavated areas adjacent to pavement having more than a 2 inch drop shall be made safe with a 6:1 or flatter slope and shall be designated by appropriate delineation during periods of construction inactivity including, but not limited to, night and weekend hours. 67 Jr Rd Suite 700 Selma, NC 27576 PH: (919)739-5300 Special Provisions Website: www.ncdot.gov Page 2 of 4 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 6. A minimum of Three (3) feet clearance is required for trenched utility installations beneath or near drainage pipes, headwalls, and a minimum of two (2) foot clearance below the flowline of streams. All lines shall be placed around the end or under all existing storm drains. There SHALL be no lines placed over the top of any existing storm drains. 7. At points where the utility is placed under existing storm drainage, the trench will be backfilled with excavatable flowable fill up to the outside diameter of the existing pipe. 8. In no circumstance should any installed utility have less than minimum depth of 2 feet below the roadway ditch grade, 3 feet below roadway travel surface, or 3 feet below natural ground in a fill section. At no time should all utilities be installed that conflict with any roadway ditch. All utitlies should be installed within 5 feet of the ROW line, and at least 5 feet from the edge of pavement. All utility crossings under any NCDOT road including service taps/lines shall be installed by a boring method. 9. All utility access points, such as manholes, vaults, handholes, splice boxes and junction boxes shall be located as close to the right of way line as possible and shall not be placed in the ditch line, side slopes of the ditches or in the pavement. All manholes, handholes, splice boxes, junction boxes and vaults and covers shall be flush with the ground when located within the vehicle clear zone. Slack loops for telecommunications in industry standard housing units shall be buried a minimum of 18 inches when buried or meet minimum NCDOT vertical and horizontal clearances when installed aerially. 10. Precast concrete manholes or structures of any type shall be preapproved by NCDOT for use within highway Rights of Way and shall be installed flush with natural ground. Manhole rings and covers, valves, and storm drainage grates and frames shall be traffic bearing types approved by NCDOT for use within highway Rights of Way. 11. Detection tape, where required by NCGS § 87-115 through § 87-130 of the Underground Utility Safety and Damage Prevention Act, shall be buried in the trench approximately 1 foot above the installed facility. Where conduit is installed in the right of way and is not of ferrous material, locating tape or detection wire shall be installed with the conduit. After installation is complete, markers should be placed noting the line to prevent risk of accidental damage for all fiber installations. 12. Hot box (aka ASSE 1060) or Safe-T-Cover type enclosures covering utility main pipe joints, backflow preventers, valves, vent pipes, cross connections, pumps, grinders, irrigation assemblies, transformers, generators, and other similar large appurtenances shall be located outside sight distance triangles and off of the NCDOT Right -of -Way. 13. Open cuts will not be allowed for any utility installation, repair, or service tap without written approval from District Engineer. Transverse open cuts will only be considered on select secondary roads with an ADT of less than 1,000 VPD. 67 Jr Rd Suite 700 Selma, NC 27576 PH: (919)739-5300 Special Provisions Website: www.ncdot.gov Page 3 of 4 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 14. Any pavement damaged because of settlement of the pavement or damaged by equipment used to perform encroachment work, shall be re -surfaced to the satisfaction of the District Engineer. This may include the removal of pavement and a 50' mechanical overlay. All pavement work and pavement markings (temporary and final) are the responsibility of the Encroaching Party. 15. A copy (in PDF format) of the completed ground water analysis shall be given to the District Engineer, including detailed drawings of the "as -built" wells showing location, depth and water level in well. Well cap shall be flush mounted with the ground/pavement surface in areas within the clear recovery area and the routine mowing boundaries, with the frame and cover designed for HS 20 loading. Any contaminated soils encountered in construction as spoil from the well installation shall be removed from the Right of Way prior to completion of the wells. After the monitoring well has served its intended purpose, the encroaching party shall fill the well(s) in a manner approved by the Division of Environmental Management. Any above ground obstructions shall also be removed from the Right of Way. 67 Jr Rd Suite 700 Selma, NC 27576 PH: (919)739-5300 Special Provisions Website: www.ncdot.gov Page 4 of 4 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 Standard Provisions Pre -Construction Contact Offices & Outside Agency issues/contacts/info 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 a three (3) business days advance notices prior to construction activity within the NCDOT Right of Way: a. For all work inside Johnston County contact the Johnston County Maintenance Department by phone call at telephone (919) 209-1110. b. For all work inside Wayne County contact the Wayne County Maintenance Department by phone call at telephone (919) 739-5330. Failure to provide these notifications prior to beginning construction is subject to the District Engineer's discretion to cease construction activity for this encroachment. NCDOT reserves the right to cease any construction or maintenance work associated with this installation by the encroaching party until the construction or maintenance meets the satisfaction of the District Engineer or their representative. 3. NCDOT reserves the right to further limit, restrict, or suspend operations within the Right of Way if, in the opinion of NCDOT, safety or traffic conditions warrant such action. 4. 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. 5. It shall be the responsibility of the encroaching party to determine the location of utilities within the encroachment area. NCGS § 87-115 through § 87-130 of the Underground Utility Safety and Damage Prevention Act requires underground utilities to be located by calling 811 prior to construction. The encroaching party shall be responsible for notifying other utility owners and providing protection and safeguards to prevent damage or interruption to existing facilities and maintain access to them. 6. The encroaching party shall notify the appropriate municipal office prior to beginning any work within the municipality's limits of jurisdiction. 7. NCDOT approval of this Encroachment Agreement covers only the area with in NCDOT R/W and does not grant permission to work in any RAILROAD RIGHT OF WAYS, Wet Land, Sensitive Environmental Areas, Private Property Etc. Permits and permission must be obtained from the appropriate authorities. 8. At the discretion of the District Engineer, the encroaching party (not the utility contractor) shall make arrangements to have a qualified inspector, under the supervision of a Professional Engineer registered in North Carolina, on site at all times during construction. The registered Professional Engineer shall be required to submit a signed and PE sealed certification that the utility was installed in accordance with the encroachment agreement. DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 9. The encroacher shall furnish verification signed by a Professional Engineer certifying this utility was installed as shown on the final approved construction plan. A Contractor Certification Memo is attached to the encroaching parry's contract and shall be signed, sealed, and returned to the District Engineer's office upon completion. 10. The encroaching parry SHALL contact the Division's Bridge Maintenance Department at (252) 640-6400 before excavating around any bridge, culvert, or cross line. Legal & Right -of -Way Issues 11. All COST, LIABILITY and MAINTENANCE of the installation SHALL be the responsibility of the encroaching party. 12. 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 District Engineer's office or their representative prior to construction or during construction, if an issue arises during construction to warrant changes. 13. NCDOT does not guarantee the right of way on this road, nor will it be responsible for any claim for damages brought about by any property owner by reason of this installation. It is the responsibility of the encroaching party to verify the right of way. 14. Prior to the approval of any privately maintained facility within NCDOT right of way which the State of North Carolina is not the fee simple owner, written permission that each and every property owner affected by the installation shall be provided to NCDOT by the encroaching party. (See corresponding attachment.) 15. Encroaching party shall be responsible for obtaining all necessary permanent and/or temporary construction, drainage, utility and/or sight distance easements. 16. All Right of Way and easements necessary for construction and maintenance shall be dedicated to NCDOT with proof of dedication furnished to the District Engineer prior to beginning work. 17. No commercial advertising shall be allowed within NCDOT Right of Way. 18. The encroaching party shall obtain proper approval from all affected pole owners prior to attachment to any pole. Page 12 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 Work Zone Traffic 19. Traffic control shall be coordinated with the District Engineer or the Division Traffic Engineer at telephone (252) 640-6500, prior to construction. 20. 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. 21. 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. Page 13 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 22. The traveling public shall be warned of construction 48 hours before start and during any work within the NCDOT ROW with complete and proper signing and traffic control devices in accordance with the current NCDOT Standard Specifications of Roads and Structures and NCDOT Roadway Standard Drawings. No work shall be performed in the Right of Way unless this requirement is satisfied. NCDOT reserves the right to require a written traffic control plan for encroachment operations. 23. 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. 24. Traffic shall be maintained at all times in both directions. 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. 25. 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. 26. If this installation requires traffic stoppage written approval must be received from the District Engineer before work should take place. Appropriate law enforcement shall be available on site to direct traffic. 27. 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. 28. Work requiring lane or shoulder closures shall not be performed on both sides of the road simultaneously within the same area. Any traffic control including lane closure or detour shall be the responsibility of the encroaching party notifying the DOT of closure or detour one week prior to closure. 29. 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. Work inside the median of a divided highway will require lane closures on both sides of the roadway. 30. Any pavement markings or reflector that are damaged or obliterated shall be restored by the encroaching party at no expense to NCDOT. The encroaching party SHALL repaint all existing lines through the construction area if damage occurs. Page 14 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 31. Sidewalk closures shall be installed as necessary. Pedestrian traffic shall be detoured around these closures and shall be signed appropriately and in accordance with The American with Disabilities Act Accessibility Guidelines, if it cannot be maintained safely and up to standards within the Utility Work Zone. The encroaching party must adhere to the guidelines for accommodating pedestrians in encroachment work zones as described in the NCDOT Pedestrian Work Zone Accommodations Training found at hqps://www.youtube.com/watch?v=AOuYa5lW3dg&feature=youtu.be Roadside Environmental 32. 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) 640-6400. 33. 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. 34. The Verification of Compliance with Environmental Regulations (VCER-1) form is required for all non -utility encroachment agreements or any utility encroachments when land disturbance within NCDOT right of way exceeds 1 acre. The VCER-1 form must be PE sealed by a NC registered professional engineer who has verified that all appropriate environmental permits (if applicable) have been obtained and all applicable environmental regulations have been followed. 35. 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 attached seeding instruction. 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. 36. No trees within NCDOT shall be cut without authorization from the Division Roadside Environmental Engineer. An inventory of trees measuring greater than 4 caliper inches (measured 6" above the ground) is required when trees within C/A right of way will be impacted by the encroachment installation. Mitigation is required and will be determined by the Division Roadside Environmental Engineer's Office. Page 15 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 37. Prior to installation, the Encroaching Party shall contact the County Maintenance Engineer's office 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. 38. 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. 39. The contractor shall not begin the construction until after the traffic control and erosion control devices have been installed to the satisfaction of the District Engineer or their agent. 40. 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. Upcoming Projects 41. Should the installation of the entirety or any portion of the utility be deemed, by the Department or delegated authority for project representation thereof, be in conflict with future project construction or future utility relocations in the area, FOR ANY REASON, the Encroacher/Utility Owner will need to perform necessary relocations within a period not to exceed 30 calendar days and entirely at the expense of the Encroacher/Utility Owner. Construction General 42. All materials and construction shall be in accordance with NCDOT standards and specifications, including but not limited to, the current NCDOT Standard Specifications of Roads and Structures, NCDOT Roadway Standard Drawings, and NCDOT Policies, & Procedures for Accommodating Utilities on Highway Rights of Way. 43. An executed copy of the encroachment agreement, provisions and approved plans shall be present at the construction site at all times. NCDOT reserves the right to stop all work unless evidence of approval can be shown. 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. Page 16 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 44. All drainage pipe shall be installed on a straight uniform grade. All pipe protruding inside drainage structures shall be cut off and properly grouted, leaving box with a smooth inside finish. 45. The Encroaching Party and/or their Contractor shall comply with all OSHA requirements. If OSHA visits the work area associated with this encroachment, the District Office shall be notified by the encroaching party immediately if any violations are cited. 46. All disturbed or damaged areas are to be fully restored to current NCDOT minimum roadway standards or as directed by the District Engineer or their representative. Disturbed areas within NCDOT Right -of -Way include, but not limited to, any excavation areas, pavement removal, drainage, curb/gutter or other features. 47. The encroaching party shall notify the District 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 District Engineer or their representative. 48. 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. 49. Guardrail removed or damaged during construction shall be replaced or repaired to its original condition, meeting current NCDOT standards or as directed by the District Engineer or their representative. 50. Right of Way monuments disturbed during construction shall be referenced by a registered Land Surveyor and reset after construction. 51. All Traffic signs moved during construction shall be reinstalled as soon as possible to the satisfaction of the Division Traffic Engineer or their representative. 52. All driveways disturbed during construction shall be returned to a state comparable with the condition of the driveways prior to construction. 53. Conformance with driveway permit review should be required in conjunction with this encroachment agreement. In the event there is a conflict between the driveway permit and the encroachment agreement, the District Engineer should resolve the conflict and notify the parties involved. 54. 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. Page 17 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 Engineering 55. 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: ASTMStandards, 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. 56. Prior approval for any blasting must be obtained from the District Engineer or their representative. 57. All wiring and related electrical work shall conform to the latest edition of the National Electrical Safety Code. 58. Curb cuts and ramps for handicapped persons shall be constructed in accordance with the current NCDOT "Standard for Wheelchair Ramp Curb Cuts" and the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities. Excavation 59. Excavation material shall not be placed on pavement at any time. 60. It is the responsibility of the encroaching party or their contractor to prevent any mud/dirt from tracking onto the roadway. Any dirt which may collect on the roadway pavement from equipment and/or truck traffic on site shall be immediately removed to avoid any unsafe traffic conditions. 61. All utilities shall be installed within 5 feet of the right of way line and outside the 5-foot minimum from travel lane plus theoretical 2:1 slope from the edge of pavement to the bottom of the nearest excavation wall for temporary shoring should. If the 2:1 slope plus 5 feet requirement above is met for traffic, then temporary shoring is typically only necessary to protect roadways from damage when a theoretical 1:1 slope from the edge of pavement intersects the nearest excavation wall. This rule of thumb should be used with caution and does not apply to all subsurface conditions, surcharge loadings and excavation geometries. Situations where this 1:1 slope is not recommended include groundwater depth is above bottom of excavation or excavation is deeper than 10 feet or in Type B or C soils as defined by OSHA Technical Manual. Temporary shoring may be avoided by locating trenches, bore pits, and other excavations far enough away from the open travel lane, edge of pavement and any existing structure, support, utility, property, etc. to be protected. Temporary shoring is required when a theoretical 2:1 slope from the bottom of excavation will intersect the existing ground line less than 5 feet from the outside edge of an open travel lane as shown in the figure below or when a theoretical 2:1 slope from the bottom of excavation will intersect any existing structure, support, utility, property, etc. to be protected. Page 18 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 Open Travel Lane 5 ft Existing Groun min Line Theoretical Edge of 2:1 (H:V) V Pavement Bottom of Slope H _Excavation Temporary shoring shall be designed and constructed in accordance with current NCDOT Standard Temporary Shoring provisions (refer to https:Hconnect.ncdot. gov/resources/Specifications/Pages/2018-Specifications-and- Special-Provisions.aspx and see SPI I R002). a. Temporary excavation shoring, such as sheet piling, shall be installed. The design of the shoring shall include the effects of traffic loads. The shoring system shall be designed and sealed by a licensed North Carolina Professional Engineer. Shoring plans and design calculations shall be submitted to the District Engineer for review and approval prior to construction. (See NCDOT Utilities Accommodations Manual for more information on requirements for shoring plans and design calculations.) Trench boxes shall not be accepted as temporary shoring and will not be approved for use in instances where shoring is required to protect the highway, drainage structure, and/or supporting pavement or structure foundation. b. All trench excavation inside the limits of the theoretical one-to-one slope, as defined by the policy, shall be completely backfilled and compacted at the end of each construction day. No portion of the trench shall be left open overnight. Any excavation that is not backfilled by the end of the workday must address any safety and traveling public concerns including accommodations for bicycles, pedestrians and persons with disabilities. c. The trench backfill material shall meet the Statewide Borrow Criteria. The trench shall be backfilled in accordance with Section 300-7 of the latest NCDOT Standard Specifications for Roads and Structures, which basically requires the backfill material to be placed in layers not to exceed 6 inches loose and compacted to at least 95% of the density obtained by compacting a sample in accordance with AASHTO T99 as modified by DOT. d. At the discretion of the District Engineer, a qualified NCDOT inspector shall be on the site at all times during construction. The encroaching party shall reimburse NCDOT for the cost of providing the inspector. If NCDOT cannot supply an inspector, the encroaching party (not the utility contractor) should make arrangements to have a qualified inspector, under the supervision of a licensed North Carolina Professional Engineer, on the site at all times. The Professional Registered Engineer shall certify that the utility was installed in accordance with the encroachment agreement and that the backfill material meets the Statewide Borrow Criteria. e. The length of parallel excavation shall be limited to the length necessary to install and backfill one joint of pipe at a time, not to exceed twenty-five (25) feet. 62. Excavated areas adjacent to pavement having more than a 2 inch drop shall be made safe with a 6:1 or flatter slope and shall be designated by appropriate delineation during periods of construction inactivity including, but not limited to, night and weekend hours. Page 19 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 63. In no circumstance should any installed utility have less than minimum depth of 2 feet below the roadway ditch grade, 3 feet below roadway travel surface, or 3 feet below natural ground in a fill section. At no time should all utilities be installed that conflict with any roadway ditch. All utilities should be installed within 5 feet of the ROW line. Pavement Detail and Repair 64. All utility crossings under any NCDOT road including service taps/lines shall be installed by a boring method. Open cuts will not be allowed for any utility installation, repair, or service tap without written approval from District Engineer. 65. Any pavement damaged because of settlement of the pavement or damaged by equipment used to perform encroachment work, shall be re -surfaced to the satisfaction of the District Engineer. This may include the removal of pavement and a 50' mechanical overlay. All pavement work and pavement markings (temporary and final) are the responsibility of the Encroaching Party. Post Construction 66. The Encroaching party shall notify the District Engineer's office in writing 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, curb/gutter, or other highway design features. 67. At the discretion of the District Engineer, a final inspection report may be provided to the encroaching party upon satisfactory completion of the work. 68. A written acknowledgement of the completed work by the District Engineer's office begins the one-year warranty period associated with any required performance bond. 69. If the actual construction differs from the approved plans associated with this encroachment, a copy of "as -built" plans shall be submitted to the District Engineer's office in a PDF format and in a current ESRI GIS format within 4 weeks of construction. Page 110 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 North Carolina Department of Transportation Subdivision Road Construct, Driveway Access, and Encroachment Installation Contractor Certification Memo (Date) (District Engineer Name & Address) RE: CONSTRUCTION CERTIFICATION County: Driveway Permit #: and/or Subdivision I.D. #: and/or Encroachment #: Recording Information (if applicable) Route(s) and/or Street(s): Project Name/Phase/Description: I, , have reviewed the construction withinthe right-of-way and/or easements required under subject project(s) for the above development and in accordance with the design drawings approved by the North Carolina Department of Transportation (NCDOT) on the following dates: Driveway Permit #: and/or Subdivision I.D. #: and/or Encroachment #: Date: Date: Date: Construction reviewed includes the items listed on the reverse side of this page. My inspection and attached testing report(s) and/or supporting documentation indicate the construction within the right-of-way and/or easements have been constructed in accordance with the standards established by current NCDOT Standard Specifications for Roads and Structures, and with the approved plans. Name: NCPE#: Signature: EAL Received by NCDOT: Rev. Div. 4 - Dist. 3 DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 North Carolina Department of Transportation Subdivision Road Construct, Driveway Access, and Encroachment Installation Contractor Certification Memo DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 STABILIZATION REQUIREMENTS: Stabilization for this project shall comply with the time frame guidelines as specified by the NCG-010000 general construction permit effective August 3, 2011 issued by the North Carolina Department of Environment and Natural Resources Division of Water Quality. Temporary or permanent ground cover stabilization shall occur within 7 calendar days from the last land - disturbing activity, with the following exceptions in which temporary or permanent ground cover shall be provided in 14 calendar days from the last land -disturbing activity: • Slopes between 2:1 and 3:1, with a slope length of 10 ft. or less • Slopes 3:1 or flatter, with a slope of length of 50 ft. or less • Slopes 4:1 or flatter The stabilization timeframe for High Quality Water (HQW) Zones shall be 7 calendar days with no exceptions for slope grades or lengths. High Quality Water Zones (HQW) Zones are defined by North Carolina Administrative Code 15A NCAC 04A.0105 (25). Temporary and permanent ground cover stabilization shall be achieved in accordance with the provisions in this contract and as directed. SEEDING AND MULCHING: (East) The kinds of seed and fertilizer, and the rates of application of seed, fertilizer, and limestone, shall be as stated below. During periods of overlapping dates, the kind of seed to be used shall be determined. All rates are in pounds per acre. All Roadway Areas March 1 - August 31 50# Tall Fescue 10# Centipede 25# Bermudagrass (hulled) 500# Fertilizer 4000# Limestone March 1— August 31 September 1- February 28 50# Tall Fescue 10# Centipede 35# Bermudagrass (unhulled) 500# Fertilizer 4000# Limestone Waste and Borrow Locations 75# Tall Fescue 25# Bermudagrass (hulled) 500# Fertilizer 4000# Limestone September 1 - February 28 75# Tall Fescue 35# Bermudagrass (unhulled) 500# Fertilizer 4000# Limestone Note: 50# of Bahiagrass may be substituted for either Centipede or Bennudagrass only upon Engineer's request. Approved Tall Fescue Cultivars DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 06 Dust 2nd Millennium 3rd Millennium Apache III Avenger Barlexas Barlexas II Bar Fa Barrera Barrington Barrobusto Barvado Biltmore Bingo Bizem Blackwatch Blade Runner II Bonsai Braveheart Bravo Bullseye Cannavaro Catalyst Cayenne Cessane Rz Chipper Cochise IV Constitution Corgi Corona Coyote Darlington Davinci Desire Dominion Dynamic Dynasty Endeavor Escalade Essential Evergreen 2 Falcon IV Falcon NG Falcon V Faith Fat Cat Festnova Fidelity Finelawn Elite Finelawn Xpress Finesse II Firebird Firecracker LS Firenza Five Point Focus Forte Garrison Gazelle II Gold Medallion Grande 3 Greenbrooks Greenkeeper Gremlin Greystone Guardian 21 Guardian 41 Hemi Honky Tonk Hot Rod Hunter Inferno Innovator Integrity Jaguar 3 Jamboree Justice Kalahari Kentucky 31 Kitty Hawk 2000 Legitimate Lexington LSD Magellan Matador Millennium SRP Monet Mustang 4 Ninj a 2 Ol' Glory Olympic Gold Padre Patagonia Pedigree Picasso Piedmont Plantation Proseeds 5301 Prospect Pure Gold Quest Raptor II Rebel Exeda Rebel Sentry Rebel IV Regiment II Regenerate Rendition Rhambler 2 SRP Rembrandt Reunion Riverside RNP Rocket Scorpion Serengeti Shelby Sheridan Signia Silver Hawk Sliverstar Shenandoah Elite Sidewinder Skyline Solara Southern Choice II Speedway Spyder LS Sunset Gold Taccoa Tanzania Trio Tahoe II Talladega Tarheel Terrano Titan ltd Titanium LS Tracer Traverse SRP Tulsa Time Turbo Turbo RZ Tuxedo RZ Ultimate Venture Umbrella Van Gogh Watchdog Wolfpack II Xtremegreen *Note: Kentucky 31 will no longer be an approved NCDOT Tall Fescue Cultivar after December 31, 2015. On cut and fill slopes 2:1 or steeper Centipede shall be applied at the rate of 5 pounds per acre and add 20# of Sericea Lespedeza from January I - December 31. DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 Fertilizer shall be 10-20-20 analysis. A different analysis of fertilizer may be used provided the 1-2-2 ratio is maintained and the rate of application adjusted to provide the same amount of plant food as a 10-20-20 analysis and as directed. TEMPORARY SEEDING: Fertilizer shall be the same analysis as specified for Seeding and Mulching and applied at the rate of 400 pounds and seeded at the rate of 50 pounds per acre. Sweet Sudan Grass, German Millet or Browntop Millet shall be used in summer months and Rye Grain during the remainder of the year. The Engineer will determine the exact dates for using each kind of seed. FERTILIZER TOPDRESSING: Fertilizer used for topdressing on all roadway areas except slopes 2:1 and steeper shall be 10-20- 20 grade and shall be applied at the rate of 500 pounds per acre. A different analysis of fertilizer may be used provided the 1-2-2 ratio is maintained and the rate of application adjusted to provide the same amount of plant food as 10-20-20 analysis and as directed. Fertilizer used for topdressing on slopes 2:1 and steeper and waste and borrow areas shall be 16- 8-8 grade and shall be applied at the rate of 500 pounds per acre. A different analysis of fertilizer may be used provided the 2-1-1 ratio is maintained and the rate of application adjusted to provide the same amount of plant food as 16-8-8 analysis and as directed. SUPPLEMENTAL SEEDING: The kinds of seed and proportions shall be the same as specified for Seeding and Mulching, with the exception that no centipede seed will be used in the seed mix for supplemental seeding. The rate of application for supplemental seeding may vary from 25# to 75# per acre. The actual rate per acre will be determined prior to the time of topdressing and the Contractor will be notified in writing of the rate per acre, total quantity needed, and areas on which to apply the supplemental seed. Minimum tillage equipment, consisting of a sod seeder shall be used for incorporating seed into the soil as to prevent disturbance of existing vegetation. A clodbuster (ball and chain) may be used where degree of slope prevents the use of a sod seeder. MOWING: The minimum mowing height on this project shall be 4 inches. DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 ATTACHMENT FORM NOTIFICATION FOR UTILITY / NON -UTILITY ENCROACHMENT WITHIN NCDOT R/W Instructions for use: This form must be completed in its entirety and submitted directly to the designated personnel in the District Engineer's office via email, fax or hand delivery a minimum of one week prior to construction for the encroachment. If the designated NCDOT personnel names are unknown by the person completing this form, please contact the District Engineer's office to determine that contact info. Date: Submitted by Name: To: District Personnel Name: District Personnel Email: District Fax No.: This notification is to inform you that we (encroaching party or their contractor) will begin construction work on the following project in a minimum of one week. Encroachment number (assigned by NCDOT) for the project: Construction start date: Approximate ending date: Contact NCDOT inspector a minimum of 72 hrs. in advance to set-up Preconstruction meeting in the District Engineer's office or other location as directed by the District Engineer Preconstruction meeting date & time: Preconstruction meeting address: Type of project: [Examples: power, telecommunication, water, sewer, gas, petroleum, other (describe)] Contact Info for this project: Contractor Company Name: Contractor Contact Name: Contractor Phone Number: Contractor Email: NCDOT Utility Inspector Name: NCDOT Utility Inspector Phone: NCDOT Utility Inspector Email: NCDOT Utility Project Manager Name: NCDOT Utility Project Manager Phone: NCDOT Utility Project Manager Email: DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 NCDOT Hold Harmless Declaration for Private Facility FORM Private Facility Encroachment Hold Harmless Declaration Encroachment Agreement Second Party: Encroachment Number: County: The party of the second part of the above -referenced encroachment agreement agrees to indemnify and save harmless the North Carolina Department of Transportation from all claims of liability for the overburdening of right of way easements caused by the installation of private facilities owned by the party of the second part and installed under the approval of the above -referenced encroachment agreement. Second Party: Attest or Witness: Date: Published by NCDOT Utilities Unit 7/17/2017 Separate Form to be signed by each property owner affected by the installation. DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 Attachment for Clear Zone Guidelines from AASHTO TABLE 3.1 JCant'd) [U.S. C1lslornary Units 11 FGRESLOPES BAC SLOPES DESIGN DEMCIN SPEED ADT IV:6H IV:51-1'1`0 IV314 1V:311 lV:5HTO IV:611 or User 1VAH TVAH or Flatter 40mph uNi) R-i5o 7-10 7-10 '* 7-10 7-10 7-10 or 750- 1500 10 - 12 12 - 14 10 - 12 10 -- 17 10 - 12 less 1500 - 600C l 2 - 14 14 - 16 t* 12- 14 12 -14 12- 14 OVER 6000 14- 16 16-18 P* 14-16 14-16 i4- 16 45-50 UNDER 750 10-•12 12-14 ** 8-10 8-10 10-12 tnph 750- 1500 14- 15 16 - 2t} ** 10 -12 12-14 14-16 1500-60W lb - Is. 20-26 f* 12--14 14--ib 16-1$ OVER 6000 2V 22 24 - 28 rt* 14-16 18 2a 20 -22 55 mph UNDER 750 T 2 - 14 14 -18 ** 8 - 10 10 - 12 10 - 12 750- 1500 t6- 18 20-24 •* 10- 12 14--15 16- is 1500--60DO 20-22 24-30 " 14-16 16-19 20-22 OVER OM 22 - 24 26 - 32 # ;* 16- 18 20- 22 '22 - 24 $Orrtph UNDER 750 16-18 20-24 ** 10-12 12-14 14-16 750--1500 20-24 26-32* as 12-14 16-19 20-22 1500-6000 26 -- 30 32 - 40 * ," 14 -18 13 - 2 2 24 -- 26 OVRRB{M 30-32* 36-44* ** 20-22 24-26 25-28 65-70 UNDER 750 18-20 20-26 ** 10-12 14-16 14_16 rrph 750 -1500 24-26 M-36+ d* 12-16 16-20 20-22 1 �1 00 6000 28 - 32 * 34 - 42 # ' * 16 - 20 22 - 24 26 - 28 OVI✓R6000 30-34' 38--461 *• 22-24 1 26-30 1 28-30 Where a site specific investigation indicates a high pmhahility of continuing craslres, er such occurrences are indicated by crash history, the designer may provide clear -zone distances greater than the clear-zvnc shown in Tahle 3.1. Clear zones may be limited to 3U ft COT practiealily and bD provide 4 consistcnr roadway template if previous experitnes with similar projects or designs indicates satisfactory performance. -Since O&OVery is less likely an the unshielded, iraversilble I V:311 slopes, fixed objects should npt be present in the vie!Mity cr the toe of these sk*es. Recovery of high-speed-,rhicles that encroach beyond tfre edge of the shoulder may be expected to occur beyond the toe Of slope. DeWrminaiion of 1ho width of the recovery area at the toe of slope should take into coasideratiun right-of-way availability, enviranmenlal Concerns, wowmic Factors, Safety rui 4 and crash hisuydEs. Also, the cUslancc belween ilie edge of the through traveled lane and the beginning of [he 1V:3H shape should influence the remveryam provided at the toe of slope. While the application may bc limited by several factors, the fumslope parameters w1dch may enter into dtbunainiug a nwximum desirable recovery area are illusirated in Figure 3.2. DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 TRENCHING METHOD 5.00' MIN. NOTE: A minimum of five (5) feet clearance is I required for trenched utility installations I beneath or near drainage pipes,headwalls, and a minimum of two (2) foot clearance 5.00' EXISTING PIPEt below the flow line of streams. All lines shall MIN. - - — — — — — be placed around the end or under all existing storm drains. There SHALL be no J I lines placed over the top of any existing storm drains. 17.At points where the utility is placed under existing storm drainage, the 5. 0 0' MIN. I trench will be backfilled with excavatable I flowable fill up to the outside diameter of the — � — � — 2,00' MIN, 5. C), VlN. � \— — — — — — — — — — — — — — — — — — — — — — \ - - - - - - EXISTING PIPE DocuSign Envelope ID: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 ROUTE PROJECT STATE OF NORTH CAROLINA COUNTY OF DEPARTMENT OF TRANSPORTATION -AND- Geological Resources, Inc. 3502 Hayes Road Monroe, NC 28110 RIGHT OF WAY ENCROACHMENT AGREEMENT FOR NON -UTILITY ENCROACHMENTS ON PRIMARY AND SECONDARY HIGHWAYS THIS AGREEMENT, made and entered into this the 12 day of Oct 120 23 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) SR2167 (West Goldsboro Street) , located Intersection of South Church St & Goldsboro St. Johnston County with the construction and/or erection of: one monitoring well WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and maintenance operations. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated 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: CA7693BF-79CC-4CD8-9FF4-2468EBF76B29 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 %4 fry ' -� BY: Lt/� b.'. i ... FOR: COVIMN ENGINEER ATTEST OR 1/1/l TTNESS° 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.