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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. ey OAKS LONE 'VWICK '01(i, PAV_E_RS LONE OR__ P I .-_ _ _ ��ARRi �(,p0 L 440, S i Z u3o 4�'�' -- i%N --- 7 CrESr I / LEES o / CORKC��0N/ A' N ReLibgional ( 1OR ��:GEYl-r_-NGC JJJJJJO y',,>A Y. )) LN_ O _ o V I RTHYlAY ' Y \ �INo Site Location SA WMILL_RDI_---- r -"I J 7P 410 i,,glRb DX� p - pK OB ENO M _ - 350 � — OR' - -ck l ��� �- o�•-LJ II 4 - , E CT VAI ELN 13 = 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 This Message Is From an External Sender This message came from outside your organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. F Report Suspicious L J 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 Delivering a better world Linkedln I Twitter I Facebook I Instagram