HomeMy WebLinkAboutWM0501592_Final Permit_20231113DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 13, 2023
Mr. Jay King
Six Forks-FCA, LLC (Sherril's Dry Cleaners DC90020)
North Carolina Department of Environmental Quality
Division of Waste Management
1949 Mail Service Center
Raleigh, NC 27699
Sent Via Email
Subject: Monitoring Well Construction
Permit # WM0501592
Sherril's Dry Cleaners (DC920020)
7463 Six Forks Road
Raleigh, NC 27615 — Wake County
Mr. King:
In accordance with the application received on November 3, 2023, we are forwarding herewith
Monitoring Well Construction Permit No. WM0501592 dated November 13, 2023, issued for the
construction of a monitoring well system (installation of two wells). Please be aware that some counties
have well construction programs, and you may be required to obtain a well construction permit 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:
Ua ,t,SSa le. ha"VUL
B2916E6AB32144F...
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure
-Permit
cc: 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: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
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
Six Forks-FCA, LLC (Sherril's Dry Cleaners DC90020)
FOR THE CONSTRUCTION OF A MONITORING WELL owned by Six Forks-FCA, LLC (Sherril's Dry Cleaners
DC90020) at mailing address 1949 Mail Service Center, Raleigh, NC 27699. The well will be located on the
property owned by the City of Raleigh, on the right of way at 7200, 7201, 7204, and 7205 Karen Court,
Raleigh, NC 27615. This Permit is issued in accordance with the application received on July 20, 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, �l4 ut,(,2916E6AB32144F...
Vanessa E. Manuel, Assistant Regional Supervisor
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number: WM0501592
Permit Issued: November 13, 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: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
IM%JICI rI Vr►RVLIINM I./CrP%FXI IVICIV I yr cimvi iAMENTAL QUALITY - DIVISION OF WATER RESOURCES
APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM
PLEASE TYPE OR PRINT CLEARLY
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
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: November 3, 2023
County: Wake
FOR OFFICE USE ONLY
PERMIT NO. ISSUED DATE
What type of well are you applying for? (monitoring or recovery): Monitoring Wells
Applicant: Six Forks-FCA, LLC - Petitioner for DSCA Site ID DC920020 (Sherrill's Cleaners) Telephone: 919-707-8367
Applicant's Mailing Address: NCDEQ DWM, DSCA Program, Jay King 1949 Mail Service Center, Raleigh, NC 27699
Applicant's Email Address (if available): a ay.king(aDncdenr.gov
Contact Person (if different than Applicant): Nick Shore (AECOM) Telephone: 919-461-1485
Contact Person's Mailing Address: 5438 Wade Park Boulevard, Suite 200, Raleigh, NC 27607
Contact Person's Email Address (if available): nick.shore(@aecom.com
Property Owner (if different than Applicant): City of Raleigh (Lenny Wallace) Telephone: 919-996-2493
Property Owner's Mailing Address: PO Box 590, Raleigh, NC 27602
Property Owner's Email Address (if available): linwood.wallace(a)raleighnc.gov
Property Physical Address (Including PIN Number) City Right of Way at 7200, 7201, 7204, 7205 Karen Court
City Raleigh County Wake Zip Code 27615
Reason for Well(s): environmental 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:
(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).
none
11. Type of contaminants being monitored or recovered: chlorinated solvents and metals
(ex: organics, nutrients, heavy metals, etc.)
12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes, 15
Existing Monitoring or Recovery Well Construction Permit No(s).: WM0501568
13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): approximately 2,560 feet
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: Geologic Exploration Certification No.: 2580A
Well Contractor Address: 176 Commerce Blvd., Statesville, NC 28626
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
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
PROPOSED WELL CONSTRUCTION INFORMATION (Continued)
2. Number of wells to be constructed in unconsolidated 5. How will the well(s) be secured? Locking well cap
material: 1
3. Number of wells to be constructed in bedrock: 0 6. Estimated beginning construction date: 11-30-23
4. Total Number of wells to be constructed: 1 7. Estimated construction completion date: 11-30-23
(add answers from 2 and 3)
ADDITIONAL INFORMATION
As required by 15A NCAC 02C .0105(f)(5), attach a scaled map of the site showing the locations of the following
a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads,
intersections, streams, or lakes within 500 feet of the proposed well or well system.
b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system.
C. The proposed well or well system.
d. Any test borings within 500 feet of proposed well or well system.
e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel
storage areas, animal feedlots as defined in G.S. 143-215.106(5), landfills, or other waste disposal areas) within 500 feet
of the proposed well or well system.
SIGNATURES
The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of
this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code,
Subchapter 2C) and accepts full responsibility for compliance with these rules
Env. Project Manager
Signature of Applicant or *Agent Title of Applicant or *Agent
Nick Shore on behalf of DSCA Petitioner for DSCA Site ID 920020
* If signing as Agent, attach authorization agreement stating Printed name of Applicant or *Agent
that you have the authority to act as the Agent.
If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct
wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the
well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C).
See Attached Access Agreement
Signature of Property Owner (if different than Applicant) 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 Cen
Mooresville, Is
Phone: (704)
Fax: (704) 6E
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Phone: (919) 791-4200
Fax: (919) 571-4718
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 946-6481
Fax: (252) 975-3716
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: (910) 796-7215
Fax: (910) 350-2004
Winston-Salem Regional Office
450 W. Hanes Mill Road
Suite 300
Winston-Salem, NC 27105
Phone: (336) 776-9800
Iax: (336) 776-9797
GW-22MR Rev. 3-1-2016
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
LEGEND
MW-4 (2/24/2010) 00Monitoring Well Location
y BDL - '� Abandoned Monitoring Well Location
TOPto Peachtree Market
Eye Care Restaurant Shopping Center
Center Pore/Surface Water Sample Location
- MW-1 (11/30/2016) 001 �JEXPO�URE UNIT#1 BBRT MW-3 (10/29/2014) 00
3 Chloroform - 12.8 ug/1 Sher ' ' Ba k Exposure Unit Boundary
caning PCE - 1.1 ug/1
:VIW-11 (2/22/2010) DD _ � � � 1 p Chloroform - 0.84 J ug/1 - Potentiometric Surface Contour (ft/msl)
I � Inferred Groundwater Flow Direction
BDL
i - I MW-7S (2/22/2010) Surficial Drainage Feature
MW-2 (11/29/2007) N Chloroform- 3.6 J ug/l Unnamed Tributary to Mine Creek
Naphthalene - 0.5 J ug/l -
', PCE - 470 ug/1 EXPOSURE UNIT #2 � lebration at._ � Naphthalene - 0.84 J ug/1 � Approximate Location of Stormwater Pipe
SMW-7D (2/22/2010) 00
TCE - 0.5 J ug/1 ix atiou f Chloroform- 3.4 J ug /1 ■ Approximate Location of Dry -Cleaning
Chloroform - 0.39 J ug/1 Sh pine C'cnter Grand Machine
Asia Buffet 1�'
BDL Below Laboratory Detection Limits
MW-5S (10/29/2014) }{ 4 J Estimate Value
DRY / ' � � 1 - _ _ MW-8S (2/24/20101 �
D (10/29/2014) N MBDL ug/1 micrograms per liter
MW-S1 # McDonald's W-8D (2/24/2010)
PCE - ug/ N -1
Restaurant J
{/ i Chloroform- 0.66 J ug/l l J Area of PCE 2L Standard Exceedance
MTBE - 1.1 ug/1
' Chloroform- 3.3 J ug/l I _ Naphthalene - 0.77 J ug/l
_ Red highlighted text indicates samples exhibiting greatest
MW-10 (1/11/2018) 00 VI risk in each exposure unit.
BDL i 3�
�' _ � PCE - Tetrachloroethene
- I MTBE - Methyl tert-butyl ether
MW-6 (7/3/20131 N L 3� Groundwater analytical results do not exceed
f' PCE - 5.3 ug/l "II 00 calculated vapor intrusion risk for residential
Chloroform- 1.2 J ug/l MW-9S (1/11/2018) 00 or non-residential exposure - DSCA Indoor
Naphthalene - 0.49 J ug/l PCE - 8.68 ug/l Air Risk Calculator, Version 8, March 2021.
MW-9D (1/11/2018) 00 Groundwater analytical results exceed
r s,. PCE - 8.06 ug/l
N calculated vapor intrusion risk for residential
and non-residential exposure - DSCA Indoor
* MW-12 (1/11/2018) 00 / Air Risk Calculator, Version 8, March 2021.
BDL
Note: Two surface water samples are labeled
SW-106. Location SW-106* was sampled in 2021
NM-13 (10/29/2014) N -
MW-14 (11/30/2016) 00 i L.. PCE - 0.49 ug/1 f. {
PCE - 8.1 ug/l f - Chloroform - 0.81 J ug/l ; ;r
/ MTBE - 0.63 J ug/1
r ,
PW-101 (12/17/2018)
SW-106 (3/13/2019) BDL
r � • x BDL ,
PW-106 (3113/2019) N oe SW-101 (12/17/2018)
BDL BDL
1 PW-106 (8/24/2021)
BDL
SW-106* (8/24/2021)
MW-15S (11/30/2016) 00 BDL
PCE - 9.53 ug/1
MW-15D (10/29/2014, 00 '
PW'-102 (12/17/20181
PCE - 12 ug/l Toluene - 4.07 ug/l � �
Acetone - 1,800 ug/l F .;,
Chloroform- 0.92 J ug/1 PW-103 (12/17/2018)
PCE - 1.60 ug/l
PW-107 (8/24/2021) SW-103 (12/17/2018) C
r BDL `
Acetone - 15.1 J ug/1 f Y'
p-isopropyl toluene - 151 ug/1 x
2-Butanone - 5.94 ug/l PW-104 (3/13/2019)
Toluene - 7.67 ug/l ' \ PCE - 1.06 ug,
SW-108 (8/24/2021) l f SW-104 (3/14/2019) rr
BDL Proposed MW-16 BDL y
SW-107 (8/24/2021)
PW-105 (3/13/2019)
PW-108 (8/24/2021) BDL '
Carbon Disulfide - 0.375 J ug/l
w - SW-105 (3/14/2019)
' •.' "' PW-109 (8/24/20211 ' BDL
• BDL
PW-110 (8/24/2021) t 00 ` 01,
Carbon Disulfide - 0.364 J ug/l
. p-isopropyltoluene - 7.0 ug/l
SW-109 (8/24/2021) a
BDL 41� _ 4
�S fdb
�
_ s * 0 320
*�
APPROX. SCALE, f(.
r
DRAWN BY Groundwater Quality Summary Map
11 y SDH - 03/22/2019 AECOM TECHNICAL SERVICES OF
�D_E � _cOm NORTH CAROLINA,INC sherr111'S Dry Cleaners
CHECKED Ev: }j 5925 CARNEGIE BLVD. SUITE 370
FNS - 03/22/2019 ® CHARLOTTE, NC 28209 7463 Six Forks Road
mm,�,.�a,�a��
� TEL (704) 522-0330 Raleigh NC
PROJECT NO.: 60591126 FAX: (704) 522.0063 '
DSCA Site # DC920020
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
No water supply wells have been
Identified In the vicinity of the site.
Additionally, a WSW survey mailing as
completed in November 2022, and no
WSWs were identified via the mailing.
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= USGS The`National Map: National Boundaries Dataset, National Elevation
Dataset, Geographic Names Information System, National Hydrography
1,000 500 0 1,000 Dataset, National Land Cover Database, National Structures Dataset, and
Scale in Feet National Transportation, Dataset; U.S. Census Bureau - TIGER/Line; HERE
��� Road Data
Site Location Map
_ AECOM T a
���� 5438 Wade Park Boulevard, Suite 200No
Sherrill's Dry CleanersRaleigh, NC 276077463 Six Forks Road b
Phone: (919) 461-1100 ra U
Fax: (919) 461-1415 Raleigh, NC SHEET:
www.aecom.com IDSCA Site ID: DC920020
Figure 2
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
ullem: Onerrne s uleaners (DC920020)
WELL ID: Proposed Type II Well
_ Project Number: 60695852
A:COM Site Location: 7200, 7201, 7204, 7205 Karen Ct, Raleigh, NC Date Installed: 30-Nov-23
Well Location: Coords: Inspector:
Method: 4.25"ID HSA Contractor: Geologic Exploration
PROPOSED MONITORING WELL CONSTRUCTION DETAIL
Depth from G.S. (feet) Elevation (feet)
Datum
8-inch diameter flush -mount steel vault to be set in 2'x2'x0.5' concrete pad
Top of Riser Pipe 0.0
Ground Surface (G.S.) 0.0
(Describe Measuring Point:
Note: Depths are
Riser P
ipe:
Length
Diameter (ID)
Type of Material
Thickness
Grout:
Type
Thickness
Top of Bentonite
35
2"
PVC
Sch 40
neat cement
30'
Benton ite Seal Thickness
3'
Top of Sand
Top of Screen
Screen:
Len gth
10
Dia meter (ID)
2"
Slot Size
10 slot
Type of Material
PVC
Thickness
Sch 40
Type/Size of Sand
#2
Sand Pack Thickness
12
Bottom of Screen
Bottom of Tail Pipe:
Bottom of Borehole
Borehole Diameter 4.25" ID HSA
Signature
and will be adjusted based on field conditions. Not to scale.
30
33
35
45
45
45
Date
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
STATE OF NORTH CAROLINA
COUNTY OF WAKE
RIGHT-OF-WAY ENCROACHMENT AGREEMENT
THIS AGREEMENT ("Agreement") is entered into by and between THE CITY OF
RALEIGH, a municipal corporation existing under the laws of the State of North Carolina
(the "City"), AECOM Technical Services of North Carolina, Inc. and, hereinafter
known as the "Applicant."
Staff
CITY OF RALEIGH INTERNAL USE ONLY
Reviewer
Initials
Ds
1. This encroachment was authorized on May 2, 2023 (date) by the Raleigh City
Council, subject to permitting, execution of an encroachment agreement, and compliance
with applicable rules, policies, ordinances, and laws.
2. This encroachment for Collocation of Small Cell/Wireless Facilities was recommended
for approval by City staff on (date), in accordance with State law and local
ordinances, and does not require City Council authorization.
3. This encroachment was recommended for approval by City staff on
(date) and does not require City Council authorization, in accordance with the following
agreement and/or authority: City Code Section 12-1022 (a), as amended
WITNESSETH:
WHEREAS, the City owns the public street right-of-way located at
and known as:
7601 Stuart Dr.
WHEREAS, the Applicant desires, for its sole interest and convenience, to
encroach within the above -referenced City -owned public street right-of-way to construct,
erect, install, put into place, maintain, and/or repair (such activities within the public street
right-of-way hereinafter individually and collectively referred to herein as "Work") the
following improvements and/or infrastructure:
The NCDEO DSCA Program has tasked AECOM with the installation of two monitoring_ wells
within the City of Raleigh right-of-way in the vicinity of 7512 Stuart Drive and 7601 Stuart Dr.
WHEREAS, the City under the terms and conditions herein set forth, is willing to
allow the above -described Work to be performed, and allow the Applicant to encroach
upon the above -referenced City -owned right-of-way as provided herein.
NOW, THEREFORE, in consideration of the premises, and payment of any and
all required fees, in hand paid receipt of which is hereby acknowledged and other
consideration, the Applicant hereby covenants and agrees that:
1) The above -stated recitals are intended to be integral to this Agreement and
1
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
are incorporated herein by reference as though fully set forth herein;
2) For purposes of this Agreement, the term "encroachment" refers to (i) said
Work, (ii) the improvements and/or infrastructure permitted to be located within the
City's right-of-way referenced herein, and (iii) the use of said encroaching
improvements and/or infrastructure;
3) The Applicant is responsible for any and all expenditure of labor and
materials required for any said Work and encroachment;
4) The Applicant is responsible for any and all labor and expenses which
result from any and all future maintenance, repair, removal or dismantling of said
encroachment as required by the City in its sole discretion;
5) The Applicant is fully responsible for any and all property damage or
injury to or death of any person which results from any and all negligence,
omission, defect in design, maintenance or workmanship created by the Applicant,
its agents, employees, contractors or subcontractors, and any cause of action arising
out of the aforesaid Work, any encroachment, and the location of any such
encroachment within the City right-of-way referenced herein;;
6) The Applicant agrees to hold the City, its officers, councilors and
employees harmless from any and all liability arising out of such negligence,
omission, defect, or other cause of action; that it will defend the City, its officers,
councilors and employees and pay all attorney's fees in any and all actions brought
as a result of such; and that it will indemnify the City, its officers, councilors and
employees against any and all loss sustained by reason of such negligence,
omission, defect, or other cause of action arising out of the aforesaid Work,
any encroachment, and the location of any such encroachment within the City right-
of-way referenced herein;
7) The Applicant, during the life of this Agreement, agrees to procure or cause
to be procured from a responsible insurance carrier or carriers, authorized under the
laws of the State of North Carolina, insurance in the amount of one million dollars
($1,000,000.00) combined single limit per occurrence for bodily injury (including
death) and property damage caused by the performance of any Work, the
encroachment, and/or the use of any said encroachment, with the City of Raleigh
being included as additional insured as its interest may appear under this
Agreement. Applicant shall furnish the City without demand each July a certificate
of insurance evidencing that such insurance is in full force and effect. In the event
the general liability insurance policy is modified such that it no longer meets the
insurance coverage requirements of this Section7, including limits of liability and
the City to be named additional insured under such policy, then Applicant upon
receipt of prior notice from its insurer(s) of such planned modification(s) to, or
cancellation of, insurance coverage (the date when the modification or cancellation
of the general liability insurance policy becomes effective such that Applicant no
longer meets the insurance coverage requirements of this Section 7 is hereinafter
referred to as a "Modification Date") shall give the City at least thirty (30) days'
2
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
prior written notice before the Modification Date or, if the Applicant receives less
than thirty (30) days -notice of any such modification to, or cancellation of, the
insurance coverage, shall give the City written notice of the same within twenty-
four hours of Applicant being notified of the modification(s) to, or cancellation of,
the insurance. Notwithstanding anything to the contrary contained herein, prior to
the Modification Date, Applicant shall be responsible at its sole cost for (i)
obtaining replacement insurance coverage that meets the insurance requirements
hereof and (ii) providing City with a certificate of insurance evidencing that such
replacement insurance coverage is in full force and effect. Should Applicant fail
to pay premiums upon said insurance, or should Applicant fail to obtain said
insurance, or to perform any of the agreements, terms, or conditions herein
contained, then the City at its option, by written notice may declare this Agreement
canceled and terminated and all rights acquired hereunder by Applicant shall
thereupon terminate, except Applicant shall still be responsible for removing the
encroachment from the right-of-way;
8) The Applicant, upon constructing, erecting, installing, or putting into place
the encroachment, shall submit to the City as -built drawings of the encroachment
showing the precise location of the same, and in the case of encroachments for
transmission devices, the drawing shall show all the locations of other utilities in
the right-of-way described herein;
9) The Applicant agrees to abide by all applicable regulations, statutes, laws, and
ordinances;
10) This Agreement shall not divest the City of any rights or interest in said
right-of-way;
11) This Agreement shall be revocable at will by the Raleigh City Council. In the
event that the City or its contractor need to perform work within the public street
right-of-way referenced herein and the encroaching improvement(s) are in conflict
with such work, the City shall deliver written notice to Applicant describing the nature
of the conflict, and Applicant shall, within fifteen (15) days of receipt of the notice,
meet with representatives of the City to determine a plan of action to remove or alter
its encroaching improvement(s). Work in accordance with the relocation and/or
removal plan addressing the conflict shall be completed within a commercially
reasonable time as determined by the City, and all work will be done at the
Applicant's own cost unless applicable law provides otherwise;
12) This encroachment is approved under the conditions as outlined in
Resolution 1996-153 adopted June 4, 1996;
13) The Applicant shall obtain all required permits from the City and any other
governmental authorities prior to performing any said Work;
14) If applicable, Applicant shall contact "NC 811" forty-eight (48) hours
k
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
prior to excavation and shall ensure that the encroachment remains ten feet (10')
from existing utilities;
15) To the extent applicable, the performance of any Work and/or the use of any
said encroachment shall comply with the City's Right -of -Way Provisions, Manual
on Uniform Traffic Control Devices (MUTCD), the North Carolina Building Code,
as amended, and the North Carolina Underground Utility Safety and Damage
Prevention Act (N.C.G.S. § 87, Art. 8a) as amended;
16) The Applicant shall obtain a "Tree Impact Permit" as may be required by the
City;
17) This Agreement shall be binding upon and inure to the benefit of all the
parties hereto, their heirs, personal representatives, grantees, successors, and
assigns;
18) All matters relating to this Agreement shall be governed by the laws of the
State of North Carolina, without regard to its choice of law provisions, and venue
for any action related to the Agreement shall be Wake County Superior Court or
the United States District Court for the Eastern District of North Carolina, Western
Division;
19) To the extent permitted by law, the parties hereto for themselves, their
agents, officials, employees and servants agree not to discriminate in any manner
on the basis of race, color, creed, national origin, sex, age, handicap, or sexual
orientation with reference to the subject matter of this Agreement. The parties
further agree, to the extent permitted by law, to conform with the provisions and
intent to City of Raleigh Ordinance 1969-889, as amended. This provision is
hereby incorporated into this Agreement for the benefit of the City and its
residents, and may be enforced by action for specific performance, injunctive
relief, or other remedy as provided by law. This provision shall be binding on the
successors and assigns of the parties with reference to the subject matter of this
Agreement;
20) Site Specific requirements: The Applicant shall comply with the following
special requirements of the City:
N/A
4
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
All notices required herein shall be deemed given by depositing such in the
United States Mail, first class, and addressed as follows:
If toCAT.
City of Raleigh Right -of -Way Services
P.O. Box 590, Raleigh, North Carolina, 27602-0590
If to Applicant:
AECOM Technical Services of North Carolina, Inc.
5834 Wade Park Boulevard, Suite 200
Raleigh, NC 27607
[Signatures to Follow]
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by
digital signature, under seal, on the respective dates below, and this Agreement shall be
effective upon the date of the City's signature.
APPLICANT
AECOM Technical Services of North Carolina, Inc.
CuDocuSigned by:
@obe.ii wy 1k (SEAL)
140E CA43E3A42B...
igna e
Bob Wyrick
Name
Vice President/Senior Operations Manager
Title
July 10, 2023
Date of Signature
TDbduSTg eid by:
Signature
Conan Fitzgerald
Name
July 10, 2023
Date of Signature
CITY
CITY OF RALEIGH, a North Carolina
Municipal Corporation
Doc/IuSigned by:
(,IA,Ad ItiL mt.
Signature
Michael Moore
Name
Director
Title
Transportation
Department
July 12, 2023
Date of Signature
(AlDb by:
F^"Uv�
�Ity er or designee)
Seal:
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
Shore, Nick
From: Wallace, Linwood "Lenny" <Linwood.Wallace@raleighnc.gov>
Sent: Monday, October 23, 2023 8:01 AM
To: Shore, Nick
Subject: RE: Sherrill's Cleaners / DC920020 well installation
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Hi Nick,
We wouldn't be able to revise the agreement, but I'm comfortable with letting it stand as is. The wording that was used
when this was presented to Council was "in the vicinity of Stuart Dr. Karen Ct. fits that description. I'm comfortable
with you moving forward with this work, which will still fall under the existing agreement.
Let me know if you have any questions.
Thank you,
Lenny
Lenny Wallace
Right of Way Reviewer
City of Raleigh
Transportation Department
(919) 996-2493
Raleighnc.gov
From: Shore, Nick <Nick.Shore@aecom.com>
Sent: Friday, October 20, 2023 10:26 AM
To: Wallace, Linwood "Lenny" <Linwood.Wallace@raleighnc.gov>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the
attachment and content are safe. If you believe this email is suspicious, please click the Thish Alert' link in the banner to report this
message.
Good Morning Lenny,
I wanted to follow up on my email from the 3rd. Please let me know if we can amend our existing agreement or if we
need to start the process again for the new location.
Thanks,
1
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
Nick
Nick Shore, PG (FL, NC, SC)
Geologist IV, Geosciences
D +1-919-461-1485
M +1-804-690-9212
nick.shoreCa�aecom. corn
From: Shore, Nick
Sent: Tuesday, October 3, 2023 8:44 AM
To: Wallace, Linwood "Lenny" <Linwood.Wallace@raleighnc.gov>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
Good Morning Lenny,
Hope you are doing well. We have finally decided where we need to place our second well at the Sherrill's Cleaners
(DC920020) site in Raleigh. The DSCA Program has asked us to install the well in the cul-de-sac of Karen court. Since
utilities were the issue previously, could we get approval for the ROW of 7200, 7201, 7204, and 7205. We should be
able to find a location with the least amount of utilities so that we can install the well.
961rrPP rj _- .
r
r
Do we need to restart the ROW process again, or can we update our previously approved agreement?
Please advise.
Thanks,
Nick
Nick Shore, P.G. (FL, NC, SC)
2
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
Geologist IV
Geosciences
T 919.461.1485
C 804.690.9212
Nick.Shore@aecom.com
From: Wallace, Linwood "Lenny" <Linwood.Wallace@raleighnc.gov>
Sent: Thursday, August 17, 2023 1:59 PM
To: Shore, Nick <Nick.Shore@aecom.com>; Friedman, Michelle <Michelle.Friedman@aecom.com>
Cc: Donovan, Bethany <Bethany.Donovan@aecom.com>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
Okay, I appreciate the heads up. Just keep me posted, and obviously I'll do what I can to help on our side of things.
Thank you,
Lenny
Lenny Wallace
Right of Way Reviewer
City of Raleigh
Transportation Department
(919) 996-2493
Raleighnc.gov
From: Shore, Nick <Nick.Shore@aecom.com>
Sent: Thursday, August 17, 2023 8:07 AM
To: Wallace, Linwood "Lenny" <Linwood.Wallace@raleighnc.gov>; Friedman, Michelle
<Michelle.Friedman@aecom.com>
Cc: Donovan, Bethany <Bethany.Donovan@aecom.com>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the
attachment and content are safe. If you believe this email is suspicious, please click the 'Phish Alert' link in the banner to report this
message
Thanks Lenny.
I think our immediate plan is to wait on the results from the well that we were able to install, then have a conversation
with DSCA and determine the best plan of action to proceed. Be it approaching the property owner, air knifing that
location to confirm no utilities are present, moving the location altogether, or just not installing the second well. We
should have our data back late next week, so I will let you know how we plan to proceed.
Thanks again for all of your help.
Nick
Nick Shore, P.G. (FL, NC, SC)
Geologist IV
Geosciences
T 919.461.1485
C 804.690.9212
Nick.Shore(@aecom.com
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
From: Wallace, Linwood "Lenny" <Linwood.Wallace@raleighnc.gov>
Sent: Wednesday, August 16, 2023 9:26 AM
To: Shore, Nick <Nick.Shore@aecom.com>; Friedman, Michelle <Michelle.Friedman@aecom.com>
Cc: Donovan, Bethany <Bethany.Donovan@aecom.com>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
Hi Nick,
Wanted to share feedback I got from our street maintenance staff regarding placing the well in the roadway. Please see
below, and let me know your thoughts. Thank you. - Lenny
Hey Lenny,
I agree with Eric on not placing the monitoring well in the street if possible. My biggest question is does the monitoring
well have to be in the right of way? It seems like this could be placed on private property if there are utility conflicts in
the right of way.
Jason
From: Battle, Eric <Eric.Battle@raleighnc.gov>
Sent: Tuesday, August 15, 2023 4:19 PM
To: Wallace, Linwood "Lenny"<Linwood.Wallace@raleighnc.gov>, Holmes, Jason <Jason.Holmes@raleighnc.gov>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
Lenny,
From an infrastructure maintenance standpoint, 1 would not approve a monitoring well in the roadway. It could
present problems during resurfacing or maintenance efforts, as we may not have the ability to adjust/repair it, with little
recourse should it settle / break and become a hazard.
Eric Battle
Engineering Infrastructure Inspections Manager
City of Raleigh
Transportation Department
(0) 919-996-2680
(M) 919-337-7379
Raleighnc.gov/transportation
Twitter / Instagram
Lenny Wallace
Right of Way Reviewer
City of Raleigh
Transportation Department
(919) 996-2493
Raleighnc.gov
From: Shore, Nick <Nick.Shore@aecom.com>
Sent: Tuesday, August 15, 2023 8:18 AM
To: Friedman, Michelle <Michelle.Friedman@aecom.com>; Wallace, Linwood "Lenny"
<Linwood.Wallace@raleighnc.gov>
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
Cc: Donovan, Bethany <Bethany.Donovan@aecom.com>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the
attachment and content are safe. If you believe this email is suspicious, please click the 'Phish Alert' link in the banner to report this
message.
Good Morning Lenny,
I'm just getting back into the swing of things after being out last week. Is there any chance that we will be able to get
the well drilled on Thursday, or do we need to defer back to October (our next availability with the driller)?
Thanks,
Nick
Nick Shore, P.G. (FL, NC, SC)
Geologist IV
Geosciences
T 919.461.1485
C 804.690.9212
Nick.Shore@aecom.com
From: Friedman, Michelle <Michelle.Friedman@aecom.com>
Sent: Friday, August 11, 2023 9:08 AM
To: Wallace, Linwood "Lenny" <Linwood.Wallace@raleighnc.gov>
Cc: Shore, Nick <Nick.Shore@aecom.com>; Donovan, Bethany <Bethany.Donovan@aecom.com>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
Lenny —
FYI there's a chance that the drillers can get back out there on Thursday next week. Please let me / Beth / Nick know if
you think that might be doable on your end; we still haven't scheduled a utility locator so I know that could be the
second hangup
Thanks!
Michelle Friedman, P.G. (NC, TN, VA)
Project Geologist, Environment
D +1-919-461-1422
M +1-919-619-8470
michelle.friedman@aecom.com
From: Friedman, Michelle
Sent: Thursday, August 10, 2023 10:50 AM
To: Wallace, Linwood "Lenny" <Linwood.Wallace@raleighnc.gov>
Cc: Shore, Nick <Nick.Shore@aecom.com>; Donovan, Bethany <Bethany.Donovan@aecom.com>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
Lenny —
Per our conversation, due to utilities and particularly fiber optic, we are unable to install the monitoring well in front
7512 Stuart. We are interested in installing it in the residential road in front of this property, or shifting it slightly if
needed due to utilities.
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
A private utility locate would be completed prior to conducting work, as well as notifying NC811.
The plan would be to install the monitoring within S feet of the curb . During installation, the drill rig and the support
trucks would be parallel to the road, which would allow 1 lane to remain open.
The surface completion of the monitoring well would include an 8-inch diameter metal access point within a roughly 2x2
ft pad. I have attached a photograph of a representative surface completion for the monitoring well.
The screenshot below is from Maps and shows the approximate planned location for the monitoring well
Please let me know if I forgot to give you any other information, and what the next steps would be!
6
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
Thank you,
Michelle Friedman, P.G. (NC, TN, VA)
Project Geologist, Environment
D +1-919-461-1422
M +1-919-619-8470
michelle.friedman@aecom.com
From: Wallace, Linwood "Lenny" <Linwood.WaIlace@raleighnc.gov>
Sent: Tuesday, August 8, 2023 10:42 AM
To: Friedman, Michelle <Michelle.Friedman@aecom.com>
Cc: Shore, Nick <Nick.Shore@aecom.com>
Subject: RE: Sherrill's Cleaners / DC920020 well installation
Hi Michelle,
Just left you a voicemail but wanted to follow up here as well. I've attached a couple of screenshots from iMaps
showing the approximate location of the right of way at this location. This is typically reliable up to a couple of feet or
so. It is safe to say in this location that the right of way line goes just past the back side of the sidewalk. However,
obtaining a survey is the only way to get an exact location of the property line/right of way if there is any question.
Based on our phone conversation just now, ideally this well would be placed in the grass strip between the sidewalk and
back of curb. If it ends up needing to be in the sidewalk, just let me know. Also as we discussed, I did request that Nick
be sure to reach out to the homeowners to let them know that work would be occurring in front of the residence. It
sounds like that outreach was already done.
Hope this helps. If you have further questions, just let me know.
Thanks,
Lenny
Lenny Wallace
Right of Way Reviewer
City of Raleigh
Transportation Department
(919) 996-2493
Raleighnc.gov
From: Friedman, Michelle <Michelle.Friedman@aecom.com>
Sent: Tuesday, August 8, 2023 7:58 AM
To: Wallace, Linwood "Lenny" <Linwood.Wallace@raleighnc.gov>
Cc: Shore, Nick <Nick.Shore@aecom.com>
Subject: Sherrill's Cleaners / DC920020 well installation
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the
attachment and content are safe. If you believe this email is suspicious, please click the 'Phish Alert' link in the banner to report this
message
DocuSign Envelope ID: 0916FAAE-9BB7-470B-A47E-BB6C7B37BC8A
Hi Lenny,
I'm helping Nick (he's on PTO ) with the well installation for the Sherrill's Cleaners sites. He forwarded me your name
since he worked with you on the encroachment agreement.
Yesterday, we had the utility markouts completed and the 7512 Stuart Drive . Can we discuss where the right of way is at
this location and what our options are? The well installation is planned to begin Thursday
Thanks,
Michelle Friedman PG
she/her
Geologist IV, Environment
D +1 919-461-1422
M +1 919-619-8470
michelle.friedman(o)aecom.com
AECOM
5438 Wade Park Boulevard
Suite 200
Raleigh, NC 27607, United States
T +1 919-461-1100
aecom.com
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