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HomeMy WebLinkAboutWM0401487_Monitoring well permit application_20231026AECOM May 10, 2023 Department of Transportation 1505 Mail Service Center Raleigh, North Carolina 27699 RE: Temporary Access to Install Monitor Well(s) 566 Old Hollow Road Winston-Salem, North Carolina 27105 Dear Sir or Madam: AECOM 6000 Fairview Road, Suite 200 Charlotte, NC 28210 aecom.com AECOM Project # 60690075 AECOM has been retained by Speedway, LLC (Speedway) to perform an environmental assessment of the soil and groundwater at the referenced site. In order to complete the assessment, the installation of a groundwater monitor well (MW) on the property located at 566 Old Hollow Road in Winston-Salem, NC is necessary. Enclosed is a Temporary Access Agreement (TAA) for installation of a monitor well on the subject property. The monitoring well will be installed at the edge of the pavement in the DOT ROW near the former canopy. Also, enclosed you will find Attachment A illustrating the adjoining Speedway property and the approximate location of the proposed monitor well, Attachment B showing the appearance of a typical monitor well, and Attachment C describing the protocol for drilling, maintaining, and removing off -site monitor wells. Every effort will be made to schedule drilling at a time convenient to you. Please review and, if acceptable, please sign the Temporary Access Agreement and return all to AECOM within ten (10) business days via email. Once executed by Speedway, the original will be returned to you. AECOM appreciates your cooperation in this matter. If you have any questions or require additional information, please contact Nicole Long at (704) 649-6586. Thank you very much. Sincerely,704 AECOM Nicole Long Project Manager Nicole.Lon. (a)aecom.com Marie Treiber Regional Senior Project Manager marie.treiber(a)aecom.com A=COM Department of Transportation 1505 Mail Service Center Raleigh, North Carolina 27699 Date: May 10 , 2023 Property Owner: Speedway LLC (Speedway), as owner of the real property located at 566 Old Hollow Road in Winston-Salem, NC 27105, has been directed by the regulations and/or environmental agency of the State of North Carolina ("State") to investigate possible contamination in the vicinity of your property located at 566 Old Hollow Road in Winston-Salem, NC 27105 ("Property"). In connection with such investigation, Speedway may be required to install, operate, and maintain wells on your Property. Such investigation will be undertaken by Speedway at Speedway's sole cost and expense and will be commenced and completed in a workmanlike manner. Subject to any requirements of the State, Speedway will use reasonable efforts to minimize interference with current operations on your Property. Upon completion of the above investigation, Speedway will, at its cost and expense, restore the portion of your Property utilized by Speedway to a condition substantially equal to its condition immediately prior to the commencement of such investigation. Speedway may be entitled to receive reimbursement under the State reimbursement/insurance program for any expenses incurred by it in connection with the above investigation. If such is the case, Speedway will retain any reimbursement funds it receives. If the foregoing is acceptable, please execute the enclosed copy of this letter and return the same in the enclosed self-addressed stamped envelope to: AECOM Nicole Long 6000 Fairview Road, Suite 200 Charlotte, NC 28210 (704) 649-6586 Nicole. Long(aDaecom.com Very truly yours, Speedway, LLC By: Samuel Kramer Title: Manager Environmental Services By execution hereof, I, NCDOT , owner of the Property, hereby acknowledge the foregoing and agree to grant Speedway and its employees and contractors' access to such Property for such period of time as reasonably necessary to complete the investigation described above. In addition, I agree that, if requested by, Speedway I will cooperate with it in connection with any applications for reimbursements that it may make with the State. By: See Approval Attached (Print Name) Date: A=COM ATTACHMENT A Proposed Monitor Well Location Map ,5 � �� ••=ti '+F• ' f:._Y iS." .} + '��,� :.f�+=�`•. �}�rL !.` 1�' •II Ir � �'�f� . I 5� ` r`��ri:" j���+ � f4 .S .�, �'�I. �4' I ��f'. �•�}.1 +�,.�= f y— I�r . . 1•�• +�'t .s: ..�iv �I i v'� •• .. •-L : � ! I 5.•.' •: I I'ti •rf r• �S` -:x: _.� "r.• !2,"++ nth+`� •.r�H + �l! �'k � y� f� +i 7' :I . �1y two-.' •iy .� - ' �.+ S.} ., .•r.. . 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Figure 1 Site Location Speedway #6934 •- I -i} '��]•!!,`••={Ylt�� h •' 566 Old Hollow Road Winston- 0 500 M 2000 FT Salem Forsyth County, NC Incident No. 45185 GRI Project No. 4341 I Date: 01/08/2020 Location: 36.194573° N 80.255148° W I °0 C 3 LL} ro w F _O d 0 o M Z a Q O U c u� n co U cLi c Zc°'o�t}p?v0 mom m y r o i%ikOow0Z oON 5 3 0 3 Way°aZ� xLU a in- z n n— a N N N E NW WWO N W J of of of W J Q p y m U d a (L 0 U a Z 5 a° a° y ¢ a c m m. co Z (� O LU LL z_ LU w J X N QO K H O O LL' O O N 3 BOO° `� om Y e • �. g• w � 0a°'aifim -wee ❑ 3 ae ; � `,� OGBURN ,..� . 3 ., LJ 3 � ep3 `w 3 wl 3 G H N O LL q� O H 0 0 y LL o H(TrOAUNIM o H O O LL Z �Q O N m N a rn w c � a a � U' m n a LL ni5c O a p a rn d n a d @ o o a E a` a` ms a E E E Q LL U- m W O z W i i ® I I 4 J JI J W L c F � o 7 a L s U 3 \ 5 c m a> E 0 W W c c U of o O ' 3 ------- LL tY c L6 > o o �Q pE 3�=in E o aa) m _v o L LL el a v O d � N LL \ a �I I D� Cl 0) QUO"�O \. ` o p �sU00 o m O o Uoi41 �apU `. 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Pd u0 ft6ok Client: Speedway #6934 WELL ID: Project Number: AEC0M Site Location: 566 Old Hollow Road, Winston-Salem, NC Date Installed: Well Location: Coords: Inspector: Method: Auger 1 Contractor: WELL CONSTRUCTION DETAIL Depth from G.S. (feet) Elevation (feet) Datum Top of Riser Pipe Ground Surface (G.S.) Riser Pipe: Length Diameter (ID) Type of Material Thickness Grout: Type Thickness Top of Bentonite Bentonite Seal Thickness Top of Sand Top of Screen Bottom of Screen Bottom of Tail Pipe: Bottom of Borehole Borehole Diameter Describe Measuring Point: 20' 2" PVC Sch 40 Neat Cement 16' 2' Stabilized Water Level Screen: Length 20' Diameter (ID) 2" Slot Size 10 slot Type of Material PVC Thickness Sch 40 Type/Size of Sand #3 Sand Pack Thickness 22' 0.0 0.0 20' 18' 20' 40' 40' 40' Signature Date A=COM ATTACHMENT B Color Photograph of Typical Monitor Well uI z jwl ice!_ Iy I • V , `r t�. kv 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. Date: 5/10/2023 2. County: Forsyth 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 FOR OFFICE USE ONLY PERMIT NO. _ ISSUED DATE What type of well are you applying for? (monitoring or recovery): Monitoring Applicant: Speedway, LLC. Telephone: 937-864-3000 Applicant's Mailing Address: 500 Speedway Drive, Enon, Ohio 45323 Applicant's Email Address (if available): Samuel. Kramer(@7-11.Com Contact Person (if different than Applicant): Nicole Long Telephone: 704-649-6586 Contact Person's Mailing Address: AECOM, 6000 Fairview Road, Suite 200, Charlotte, NC 28210 Contact Person's Email Address (if available): Nicole. LongCcDAECOM.com Property Owner (if different than Applicant): Department of Transportation Telephone Unknown Property Owner's Mailing Address: 1505 Mail Service Center, Raleigh, NC 27699 Property Owner's Email Address (if available): Unknown Property Physical Address (Including PIN Number) 566 Old Hollow Road, PIN: 6829-92-5043 City Winston-Salem County Forsyth Zip Code 27105 Reason for Well(s): Assessment Assessment (ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.) Type of facility or site for which the well(s) is(are) needed: 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). 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? No Existing Monitoring or Recovery Well Construction Permit No(s).: N/A Distance from proposed well(s) to nearest known waste or pollution source (in feet): Unknown Are there any water supply wells located less than 500 feet from the proposed well(s)? WSW-2, WSW-3, WSW-4, WSW-7, WSW-16 & WSW-1 7. All water supply wells are non -potable. If yes, give distance(s): All 6 wells within 500 feet (see Site Vicinity Map for exact locations) 15. Well Contractor: Geological Resources, Inc. Certification No.: 3270 Well Contractor Address: 2301 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 Continued on Reverse PROPOSED WELL CONSTRUCTION INFORMATION (Continued) 2. Number of wells to be constructed in unconsolidated 5. How will the well(s) be secured? Grout material: 1 3. Number of wells to be constructed in bedrock: N/A 6. Estimated beginning construction date: May 2023 4. Total Number of wells to be constructed: 1 7. Estimated construction completion date: June 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. C. The proposed well or well system. d. Any test borings within 500 feet of proposed well or well system. e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas) within 500 feet of the proposed well or well system. SIGNATURES The Applicant 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 Project Manager -as limited field agent for Speedway Title of Applicant or *Agent Nicole Long * If signing as Agent, attach authorization agreement stating Printed name of Applicant or *Agent that you have the authority to act as the Agent. If the property is owned by someone other than the Applicant, the property owner hereby consents to allow the Applicant to construct 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 Right of Way Encroachment Contract Signature of Property Owner (if different than Applicant) NCDOT Printed name of Property Owner (if different than Applicant) DIRECTIONS Please send the completed application to the appropriate Division of Water Resources' Regional Office: Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone: (828) 296-4500 Fax: (828) 299-7043 Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, NC 28301-5094 Phone: (910) 433-3300 Fax: (910) 486-0707 Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704) 663-6040 Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Phone: (919) 791-4200 Fax: (919) 571-4718 Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Fax: (252) 975-3716 Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7215 Fax: (910) 350-2004 Winston-Salem Regional Office 450 W. Hanes Mill Road Suite 300 Winston-Salem, NC 27105 Mo ATTACHMENT C PROTOCOL FOR DRILLING, MAINTAINING, AND REMOVING OFF -SITE WELLS The proposed monitor well(s) will be installed to an appropriate depth below ground level. It will be drilled with a mobile drilling rig, direct push equipment, or a "hand -auger," depending on overhead and available space restrictions. The monitor well(s) will be constructed with threaded, PVC pipe and installed properly to meet all appropriate local/state water well rules and regulations. The top of the monitor well(s) will be completed to be at, or slightly below, ground level and will be encased in a "water -tight" steel manhole box and secured in order to protect it and not interfere with typical, everyday use of the land around it. The length of time required for installation is approximately four (4) to six (6) hours (actual time may vary). The area around the proposed monitor well(s) will be cleaned up after installation is completed. Groundwater will be checked with an electronic probe and samples collected from the monitor well(s) once per quarter, or as directed by the appropriate regulatory agency. These activities will typically be completed by one (1) person. The length of time required for this activity is approximately one and one- half (1 '/z) hours per quarter. When the monitor well(s) is no longer needed or required by the regulatory agency for groundwater monitoring, to the extent permitted to do so, the monitor well(s) will be plugged according to appropriate State Water Well Rules and Regulations. After the monitor well(s) is plugged, the area around it will be restored as stated in the temporary access agreement. AW Shoulder Work (2'-15' From the Edge of Pavement) a LI Notes: F 3 f Speed Limit 35 45 55 Shoulder Taper (#t) 70 150 185 Shoulder Taper 1 500' V SHOULDER WORK For operations of 60 minutes or less, all signs and channelizing devices may be eliminated if a vehicle with an activated rotating or strobe light is used. For low -speed (35 MPH or less) conditions, a 200- foot sign spacing may be used. For speeds of 40 to 50 MPH a 350-foot sign spacing may be used. "Utility Work Ahead", "Road Work Ahead", or Worker symbol signs may be used instead of the "Shoulder Work" sign. For work performed on a paved shoulder at least 8 feet wide, an additional general warning sign (e_g. "Road Work Ahead") should be used in advance of the "Shoulder Work" sign. 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OF TRANSPORTATION DIVISION OF HIGHWAYS RALEIGH, N.C. r. J STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY August 29, 2023 Forsyth County: NC 8 (Germanton Road) Subject: Right of Way Encroachment Contract — R/W 16.1A — Job Number — E092-034-23- 00429 — Installation of Groundwater Monitoring Well Mr. Samuel J. Kramer, Manager, Environmental Services Speedway, LLC Dear Mr. Kramer: Attached, for your file, is a copy of the above referenced Right of Way Encroachment Contract, properly executed. This contract covers the following: Installation of a Groundwater Monitoring Well on Germanton Road near Old Hollow Road, as shown on the attached plans. APPROVED SUBJECT TO: Attached Special Provisions ENVIRONMENTAL ISSUES AGREEMENT The encroaching party shall comply with all applicable state and federal environmental regulations, and shall obtain all necessary state, federal and local environmental permits, including but not limited to, those related to sediment control, stormwater, wetlands, streams, endangered species, and historical sites. Sincerely, DocuSigned by: E CO{f �bvxs 707888B5D87F4AC... Scott A. Jones, P.E. DISTRICT ENGINEER SARREO cc: Kevin Neal, P.E. • Forsyth County Maintenance Engineer Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION NINE / DISTRICT TWO SILAS CREEK PARKWAY WINSTON-SALEM, NC 27127 Telephone: (336) 747-7900 Fax: (336) 761-2004 Customer Service: 1-877-368-4968 Website: ncdot.gov Location: 375 SILAS CREEK PARKWAY WINSTON-SALEM, NC 27127 SPECIAL PROVISIONS — Page 1 R/W 16.1A — Speedway E092-034-23-00429 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 (336) 747-7800 to the Division 9 Traffic Engineer. 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 party 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 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. 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 party 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. 9. 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. 10. Traffic control shall be coordinated with the Forsyth County Maintenance Office at telephone (336) 896-2350, prior to construction. 11. WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING PROGRAM SPECIAL PROVISIONS — Page 2 R/W 16.1A — Speedway E092-034-23-00429 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 htips:Hconnect.ncdot.gov/projects/WZTC/Pages/Training_asox or call the NCDOT Work Zone Traffic Control Section (919) 814-5000. 12. 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. 13. If the Traffic Control Supervisor determines that portable concrete barrier (PCB) is required to shield a hazard within the clear zone, then PCB shall be designed and sealed by a licensed North Carolina Professional Engineer. PCB plans and design calculations shall be submitted to the District Engineer for review and approval prior to installation. 14. 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. 15. 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 County Maintenance Engineer. Any violation of these hours will result in ceasing any further construction by the Encroaching Party or their contractor. SPECIAL PROVISIONS — Page 3 R/W 16.1A — Speedway E092-034-23-00429 16. 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. 17. Two-way traffic shall be maintained at all times unless designated by the County Maintenance Engineer. Traffic shall not be rerouted or detoured without the prior written approval from the County Maintenance 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 County Maintenance 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. 18. Work requiring lane or shoulder closures shall not be performed on both sides of the road simultaneously within the same area. 19. 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. 20. At the discretion of the District Engineer, a traffic control plan shall be developed and submitted under the seal and signature of a Licensed North Carolina Professional Engineer prior to construction. The plan shall be specific to the site and adequately detailed. Issues such as the close proximity to intersections shall be addressed. 21. Any pavement markings that are damaged or obliterated shall be restored by the encroaching party at no expense to NCDOT. 22. 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. 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 htips://www.youtube.com/watch?v--AOuYa5lW3dg&feature=youtu.be 23. 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 336-896-2380. 24. 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 SPECIAL PROVISIONS — Page 4 R/W 16.1A — Speedway E092-034-23-00429 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. 25. The contractor shall not begin the construction until after the traffic control and erosion control devices have been installed to the satisfaction of the County Maintenance Engineer or their agent. 26. 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. 27. 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. 28. 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. 29. The encroaching party shall notify the County Maintenance 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. 30. 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. 31. Right of Way monuments disturbed during construction shall be referenced by a registered Land Surveyor and reset after construction. 32. All Traffic signs moved during construction shall be reinstalled as soon as possible to the satisfaction of the Division Traffic Engineer or their representative. 33. All driveways disturbed during construction shall be returned to a state comparable with the condition of the driveways prior to construction. 34. 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. 35. 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. 36. Excavation material shall not be placed on pavement. SPECIAL PROVISIONS — Page 5 R/W 16.1A — Speedway E092-034-23-00429 37. 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. 38. 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. 39. The Encroaching party shall notify the Division Traffic Engineer's office within 2 business days after construction is complete. The County Maintenance 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. 40. 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. STATE OF NORTH CAROLINA ROUTE -NC-e4r NC 8 PROJECT 60690075 COUNTY OF Forsyth DEPARTMENT OF TRANSPORTATION -AND- Speedway, LLC RIGHT OF WAY ENCROACHMENT AGREEMENT FOR NON -UTILITY ENCROACHMENTS ON PRIMARY AND SECONDARY HIGHWAYS THIS AGREEMENT, made and entered into this the 1 day of May , 20 23 by and between the Department of Transportation, party of the first part; and Speedway, LLC 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) NC66 / 566 Old Hollow Road, Winston-Salem, NC 27105located at the corner of Old Hollow Road and Germanton Road. with the construction and/or erection of: _ groundwater 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 parry 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 parry 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) 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 WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above written. ATTEST OR WITNESS:: DEPljjMghT,OF TRANSPORTATIONY. CAM04pGINEER (R ,�6w_s DISTRICT,, I NGINEER e� Y 1; Speedway LLC Il t ' Samuel J. Kramer, Manager, Environmental Services Second Party INSTRUCTIONS 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. EXHIBIT D-2 LIMITED AUTHORIZATION KNOW ALL MEN BY THESE PRESENTS: That Speedway LLC, Western Refining Retail, LLC; TRMC Retail LLC, Tesoro Sierra Properties, LLC; Giant Stop-N-Go of New Mexico, LLC; Giant Four Corners, LLC; Tesoro South Coast Company, LLC, Northern Tier Retail, LLC, 2Go Tesoro, LLC, Tesoro West Coast Company, LLC, and Tesoro Northstore, LLC (collectively "Affiliated Entities") limited liability companies and subsidiaries of 7-Eleven, Inc., a Texas corporation, acting by and through Kristen W. Cook, do hereby nominate, constitute and appoint AECOM Technical Services, Inc., a California corporation, as Limited Agent ("Agent") of Affiliated Entities, for purposes of executing and delivering instruments and documents as more particularly described below, and does hereby grant, delegate and invest said Agent with power and authority to execute and deliver for, in the name of, and on behalf of Affiliated Entities, and in connection with that certain Second Amended and Restated Agreement by and between Affiliated Entities and Agent dated as of January 1, 2014, as amended (as heretofore or hereafter amended, the "Agreement"), the instruments and documents listed in Attachment I hereto. Agent may exercise the power and authority herein granted, delegated and invested, in any particular and appropriate transaction or matter, as an agent of Affiliated Entities. Any instruments and documents executed and delivered by Agent under this Limited Authorization shall be acts of the Affiliated Entity and may be relied upon by third parties dealing with the Affiliated Entities, such acts being hereby ratified and confirmed by virtue hereof. Agent shall deliver all instruments and documents executed and delivered by Agent under this Limited Authorization to Affiliated Entities promptly following such execution and delivery. Any and all acts of Agent hereunder shall comply with all applicable federal, state and local laws, regulations, rules and ordinances and with all applicable orders of any courts of competent jurisdiction. This Limited Authorization shall expire December 31, 2024 or upon earlier termination of the Agreement, or may be terminated at any time for any reason by Affiliated Entities. [SIGNATURES BEGIN ON THE FOLLOWING PAGE. REMAINDER OF THIS PAGE INTENTIONALLY BLANK.] EXHIBIT D-2 — LIMITED AUTHORIZATION — Page I of 3 F7668\B94417\264978368.v I APPROVED AND EXECUTED this 1�day of , 2022, to be effective as of April 1, 2022. SPEEDWAY LLC WESTERN REFINING RETAIL, LLC TRMC RETAIL LLC TESORO SIERRA PROPERTIES, LLC GIANT STOP-N-GO OF NEW MEXICO, LLC GIANT FOUR CORNERS, LLC TESORO SOUTH COAST COMPANY, LLC NORTHERN TIER RETAIL LLC TESORO NORTHSTORE, LLC 2GO TESORO, LLC TESORO WEST COAST COMPANY, LLC By:' 60k.., Kris en W. Cook Vice President STATE OF TEXAS § COUNTY OF DQ 1� BEFORE ME, the undersigned, a Notary Public in and for the County and State aforesaid, on this day personally appeared Kristen W. Cook, Vice President of the Affiliated Entities, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said company and that they executed the same as the act of such company for the purposes and consideration therein expressed and in the capacities therein stated. �y GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1hay of M CA, 20 I, NOTARY PUBLIC My Commission Expires: �,.....,�. .Ay HALL * *= Whry Pub1k, StRW of TL • My Cortun Expires 12.8.24 Notary ID 130920l11 EXHIBIT D-2 — LIMITED AUTHORIZATION — Page 2 of 3 F7668\B94417\264978368.v 1 ATTACHMENT I AFFILIATED ENTITIES MAY REVISE THIS ATTACHMENT I IN ITS SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, TO ADD OR DELETE DOCUMENTATION SUBJECT TO THIS LIMITED AUTHORIZATION. Such permits, reports, applications and other documentation issued by any federal, state or local governmental authority and such other standard form documentation provided by Affiliated Entities or third parties to be completed in connection with Agent's performance of environmental consulting services pursuant to the Agreement, including, without limitation, the following: a. Waste Manifests; b. Waste Characterization Forms; c. Bills of Lading; d. Waste Disposal Agreements; e. Registration and Notification Forms for underground storage tanks; f. Incident Reports; g. Discharge Notification Forms; h. Tank Closure Reports; i. Permit Applications, Notices and other documents relating to the investigation, monitoring or remediation work performed under the Agreement; j. Reports to state environmental agencies regarding investigation, monitoring or remediation work performed under the Agreement; and k. Applications to any state underground storage tank insurance or reimbursement fund; Provided, however, that in each case, the foregoing authorization shall not extend to any permits, reports, applications or other documentation that contain: (i) any language, the effect of which is to require Affiliated Entities to indemnify, defend and/or hold harmless any third parry for any act or omission of any kind; or (ii) any statement of any kind, including, without limitation, any representation or warranty, which Agent does not personally know to be true and correct, including, without limitation, any representation concerning the legal existence or financial condition of Affiliated Entities. EXHIBIT D-2 — LIMITED AUTHORIZATION — Page 3 of 3 F7668\B94417\264978368.v 1