HomeMy WebLinkAboutWI0501147_Notification of Intent (NOI) – GW Remediation_20241120 NC Department of Environmental Quality (DEQ) —Division of Water Resources (DWR)
NOTIFICATION OF INTENT (NOI) TO CONSTRUCT OR OPERATE INJECTION WELLS
The following are `permitted by rule"and do not require an application to be submitted and an individual permit
be issued when constructed in accordance with the rules of 15A NCAC 02C.0200(NOTE: This form must be
received at least 14 DAYS prior to infection)
GROUNDWATER(GW)REMEDIATION INJECTION PERMIT TYPES:
(1)IN-SITU GW REMEDIATION PERMIT TYPE(15A NCAC 02C.0225)
• In-Situ Passive Injection Systems-In-well delivery systems to diffuse injectants into the subsurface. Examples include
ORC socks,iSOC systems,and other gas infusion methods(Note:Injection Event Records(IER)do not need to be
submitted for replacement of each sock used in ORC systems).
• In-Situ Small-Scale Injection Operations—Injection wells located within a land surface area not to exceed 10,000
square feet(SF)for the purpose of soil or groundwater remediation or tracer tests.If area to be treated exceeds 10,000
SF do not use this NOI;an injection Permit application shall be submitted,and a Permit issued per 15A NCAC
02C.0225(f).
• In-Situ Pilot Tests-Preliminary studies conducted for the purpose of evaluating the technical feasibility of a
remediation strategy to develop a full-scale remediation plan for future implementation,and where the surface area of
the injection zone wells is located within an area that does not exceed five percent of the land surface above the known
extent of groundwater contamination. Also,if pilot test is going to be conducted on separate groundwater
contaminant plumes do not use this NOI;a Permit application shall be submitted,and a Permit issued as per
15A NCAC 02C.0225(f).
• In-Situ Thermal(IST)—IST wells`heat'contaminated groundwater in-situ to enhance remediation.
(2)AIR INJECTION PERMIT TYPE(15A NCAC 02C.02251
These permit types are used to inject ambient air to enhance treatment of soil or groundwater.
(3)TRACER WELL PERMIT TYPE(15A NCAC 02C.0229)
These permit types are used to inject substances for determining hydrogeologic properties of aquifers.
(4)AQUIFER TEST PERMIT TYPE(15A NCAC 02C.0220)
These permit types are used to inject uncontaminated fluid into an aquifer to determine aquifer hydraulic characteristics.
DATE: 11/20 ,2024 NOI TRACKING NO. W 10501147 (To be filled in by DWR)
DIRECTIONS- Submit this NOI only for(1)New deemed`permitted by rule' injection project or(2)If there is going
to be a different permit type(listed above)used for a previously issued NOI.
NOTE-After this NOI is processed and acknowledged,any supplemental or additional injections still meeting the
criteria referenced in Section G below shall be reported using Injection Event Records(IERs)and using the NOI
tracking number provided by DWR.
A. WELL TYPE TO BE CONSTRUCTED OR OPERATED
(1) Air Injection Well.......................................Complete sections B through F,J,M
(2) Aquifer Test Well.......................................Complete sections B through F,J,M
(3) Passive Injection System............................... Complete sections B through F,H-M
(4) X Small-Scale Injection Operation...................... Complete sections B through M
(5) Pilot Test................................................. Complete sections B through M
(6) Tracer Injection Well................................... Complete sections B through M
(7) In-Situ Thermal(IST)Well........................... Complete sections B through M
Deemed Permitted GW Remediation NOI Rev.3-1-2023 Page 1
B. STATUS OF WELL OWNER: Business/Organization
C. WELL OWNER(S) — State name of Business/Agency, and Name and Title of person delegated authority to
sign on behalf of the business or agency:
Name(s): Hashpot and Indian Tree Joint Revocable Trust U/A 10/17/2023,c/o Reid Culp,Culp Elliott&
Carpenter,PLLC attn: Nicholas Lowie lowie—nicholas@)yahoo.com
Mailing Address: 6801 Carnegie Blvd. Ste. 400
City: Charlotte State: NC_Zip Code: 28211 County:
Day Tele No.: Cell No.:
EMAIL Address: nicholas&yahoo.com Fax No.:
D. PROPERTY OWNER(S)(if different than well owner/applicant)
Name and Title: BRIGGS PAUL G&PAIGE B
Company Name
Mailing Address: 208 LORD BERKLEY RD
City: Raleigh State: NC Zip Code:27610 County:
Day Tele No.: Paul Briggs—919-637-0931 Paige Briggs—919-906-7695
Cell No.: EMAIL Address: PaulBriggsAleacorp.com
Fax No.:
E. PROJECT CONTACT(Typically Environmental Consulting/Engineering Firm)
Name and Title: Ryan Kerins,Project Manager
Company Name Terraquest Environmental Consultants,P.C.
Mailing Address: 100 E Ruffin St
City: Mebane State: NC_Zip Code: 27302 County:
Day Tele No.: 919-563-9091 Cell No.:
EMAIL Address: rdkerins(cr�,terraquestpc.com Fax No.:
F. PHYSICAL LOCATION OF WELL SITE
(1) Facility Name&Address: Little River Corp
117 N Ash St
City: Spring Hope County: Nash Zip Code:
(2) Geographic Coordinates: Latitude": ° "or 35_0. 944141
Longitude": 0 "or-78 0. 113172
Reference Datum: WGS 1984 Accuracy: <2cm
Method of Collection: internet
"FOR AIR INJECTION AND AQUIFER TEST WELLS ONLY: A FACILITY SITE MAP WITH PROPERTY
BOUNDARIES MAY BE SUBMITTED IN LIEU OF GEOGRAPHIC COORDINATES.
G. TREATMENT AREA
Land surface area of contaminant plume: 11,300 square feet
Land surface area of inj.well network: 1,350 square feet(< 10,000 ft2 for small-scale injections)
Percent of contaminant plume area to be treated: 12% (must be<5%of plume for pilot test injections)
Deemed Permitted GW Remediation NOI Rev.3-1-2023 Page 2
H. INJECTION ZONE MAPS—Attach the following to the notification.
(1) Contaminant plume map(s) with isoconcentration lines that show the horizontal extent of the
contaminant plume in soil and groundwater, existing and proposed monitoring wells, and existing and
proposed injection wells;and
(2) Cross-section(s)to the known or projected depth of contamination that show the horizontal and vertical
extent of the contaminant plume in soil and groundwater, changes in lithology, existing and proposed
monitoring wells,and existing and proposed injection wells.
(3) Potentiometric surface map(s)indicating the rate and direction of groundwater movement,plus existing
and proposed wells.
I. DESCRIPTION OF PROPOSED INJECTION ACTIVITIES AT THE SITE —Provide a brief narrative
regarding the cause of the contamination,and purpose, scope,goals of the proposed injection activity:
Terraquest is investigating the effectiveness of injecting Oxygen Biochem into the subsurface to treat
petroleum contamination from a prior underground storage tank release incident. The work is part of a
Corrective Action Plan Feasibility Study requested by the NCDWM-UST.
J. WELL CONSTRUCTION DATA
(1) No.of injection wells: 18 Proposed Existing(provide NC Well
Construction Record(GW-1)for each well)
(2) Appx. injection depths(BLS): 18 x 25'borings. Inject 24-25 feet BGL
(3) For Proposed wells or Existing wells not having GW-1s,provide well construction details for each
injection well in a diagram or table format. A single diagram or line in a table can be used for
multiple wells with the same construction details. Well construction details shall include the
following(indicate if construction is proposed or as-built):
(a) Well type as permanent,Geoprobe/DPT,or subsurface distribution infiltration gallery
(b) Depth below land surface of casing,each grout type and depth, screen,and sand pack
(c) Well contractor name and certification number
K. INJECTION SUMMARY
NOTE: Only injectants approved b the he epidemiology section of the NC Division ofPublic Health.Department
of Health and Human Services can be injected. Approved injectants can be found online at
hiip:Hdeq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/ground-water-
protection/ground-water-approved-injectants. All other substances must be reviewed by the DHHS prior to use.
Contact the UIC Pro ream for more info i1you wish to approval for a different additive. However,please
note it may take 3 months or longer. If no injectants are to be used use N/A.
Injectant: Oxygen Biochem(OBC Total Amt.to be injected(gal)/event: 148 x 500=9,000
Total Amt.to be injected(gal/event): 18,000
No.of separate injection events: 2 Total Amt.to be injected(gal): 36,000
Deemed Permitted GW Remediation NOI Rev.3-1-2023 Page 3
Source of Water(if applicable): munici al water
L. MONITORING PLAN—Describe below or in separate attachment a monitoring plan to be used to determine
if violations of groundwater quality standards specified in Subchapter 02L result from the injection activity.
This site is regulated by the NCDEO DWM-UST who has requested a Corrective Action Plan Feasibility
Study. Semi annual groundwater sampling for contaminants as volatile organic compounds is in place.
NI. SIGNATURE OF APPLICANT AND PROPERTY OWNER
Well Owner/Applicant: '7 hereby certify, under penalty of law, that I am familiar with the information
submitted in this document and all attachments thereto and that, based on my inquiry of those individuals
immediately responsible for obtaining said information, 1 believe that the information is true, accurate and
complete. I am aware that there are significant penalties, including the possibility of fines and imprisonment,
_for submitting false information. I agree to construct,operate,maintain,repair,and if applicable;abandon the
injection well and all related appurtenances in accordance with the 1 SA NCAC 02C 0200 Rules.
Ryan D.Kerins,Project Manager-Terraquest(see attached
signature authorization a,rrPPn,ePrL
Print or T}pe Full lame and Title
Signature of Applicant
Property Owner(if the property is not owned by the Well Owner/Applicant):
"As owner of the property on which the injection well(s)are to be constructed and operated,I herebti-consent to
allow the applicant to construct each injection well as outlined in this application and agree that it shall be the
responsibility of the applicant to ensure that the injection well(s)conform to the Well Construction Standards
(I SA NCAC 02C.02001."
"Owner"means any person who holds the fee or other property rights in the well being constructed.A well
is real property and its construction on land shall be deemed to vest ownership in the land owner, in the
absence of contrary agreement in writing.
Print or Type Full Name and Title
Signature*of Property Owner(if different from applicant)
'An access agreement between the applicant and property owner may,be submitted in lieu of a signature on this tornt
Please send 1 (one)hard color copy of this NOI along with a cope on an attached CD or Flash Drive at least
two(2)weeks prior to injection to:
DWR—UIC Program
1636 Mail Service Center
Raleigh,NC 27699-1636
Telephone:(919)707-9000
Ikcrnod Permtnod GW Rcmaluuon N01 Rev.3-1-2023
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SITE LOCATION MAP
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_ 117 N ASH ST
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mm_� HASHPOT, INC GASTONIA NC
ENVIRONMENTAL CONSULTANTS,P.C. PROJECT NO. 13019 DRAWN BY: RDK I DATE: 11/19/24
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uest LITTLE RIVER CORPORATION
117 N ASH ST
_ SPRING HOPE, NASH COUNTY, NC
HASHPOT INC. GASTONIA, NC
ENVIRONMENTAL CONSULTANTS, P.C. PROJECT NO. 13019 DRAWN BY: RDK I DATE: 11/19/24
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A �� `�i 6 r, �•
TYPICAL INJECTION POINT DETAIL
GENERAL INFORMATION
LAND SURFACE
Well Driller:
0' Terraquest Environmental Consultants, P.C. —
Wesley Sorrells #3577
2 4'
TEMPORARY BORING FOR INJECTION POINT
25' -
BOTTOM
uest
ENVIRONMENTAL CONSULTANTS, P.C.
REDOX TECH, LLC ►
"Providing Innovative In Situ Soil and Groundwater Treatment"
Material Safety Data Sheet—Oxygen BioChem
1. Identification
Product identifier Oxygen Biochem (OBC)TM
Other means of identification Not available.
Recommended use Oxygen Biochem (OBC)TM is used to promote chemical oxidation and aerobic bioremediation of
petroleum compounds in groundwater.
Recommended restrictions Use in accordance with supplier's recommendations.
Manufacturer/Importer/Supplier/Distributor information
Manufacturer/Supplier Redox Tech, LLC
Address 200 Quade Drive Cary
NC 2751
Telephone +1 919-6780140
E-mail haselow@redox-tech.com
Contact person Dr. John Haselowi
Emergency Telephone For Hazardous Materials[or Dangerous Goods] Incidents ONLY
(spill, leak,fire, exposure or accident), call CHEMTREC at
CHEMTREC@, USA: 001 (800)424-9300
CHEMTREC@, Mexico(Toll-Free-must be dialed from within country):
01-800-681-9531
CHEMTREC@, Other countries: 001 (703)527-3887
2. Hazard(s) identification
Physical hazards Oxidizing solids Category 3
Health hazards Acute toxicity, oral Category 4
Skin corrosion/irritation Category 2
Serious eye damage/eye irritation Category 2
Sensitization, respiratory Category 1
Sensitization, skin Category 1
Specific target organ toxicity, single exposure Category 3 respiratory tract irritation
OSHA defined hazards Not classified.
Label elements
< >< X >
• r
Signal word Danger
Hazard statement May intensify fire; oxidizer. Harmful if swallowed. Causes skin irritation. Causes serious eye
irritation. May cause allergy or asthma symptoms or breathing difficulties if inhaled. May cause an
allergic skin reaction. May cause respiratory irritation.
Precautionary statement
Prevention Keep away from heat. Keep/Store away from clothing and other combustible materials. Take any
precaution to avoid mixing with combustibles.Wear protective gloves/eye protection/face
protection. Wash thoroughly after handling. Do not eat, drink or smoke when using this product.
Avoid breathing dust/fume. In case of inadequate ventilation wear respiratory protection.
Contaminated work clothing must not be allowed out of the workplace. Use only outdoors or in a
well-ventilated area.
Response In case of fire: Use foam, carbon dioxide, dry powder or water fog for extinction. If swallowed: Call
a poison center/doctor if you feel unwell. Rinse mouth. If on skin:Wash with plenty of water. If
skin irritation or rash occurs: Get medical advice/attention. Take off contaminated clothing and
wash before reuse. If in eyes: Rinse cautiously with water for several minutes. Remove contact
lenses, if present and easy to do. Continue rinsing. If eye irritation persists: Get medical
advice/attention. If inhaled: If breathing is difficult, remove person to fresh air and keep
comfortable for breathing. If experiencing respiratory symptoms: Call a poison center/doctor.
Oxygen Biochem (OBC)TM SIDS US
920293 Version#:01 Revision date:- Issue date:09-May-2014 1 /7
Storage Store in a well-ventilated place. Keep container tightly closed. Store locked up.
Disposal Dispose of contents/container in accordance with local/regional/national/international regulations.
Hazard(s) not otherwise None known.
classified (HNOC)
3. Composition/information on ingredients
Mixtures
Chemical name CAS number %
Sodium persulfate 7775-27-1 70-90
Calcium peroxide 1305-79-9 10-20
Composition comments All concentrations are in percent by weight unless ingredient is a gas. Gas concentrations are in
percent by volume.
4. First-aid measures
Inhalation Move to fresh air. Do not use mouth-to-mouth method if victim inhaled the substance. For
breathing difficulties, oxygen may be necessary. Call a physician or poison control center
immediately.
Skin contact Remove and isolate contaminated clothing and shoes. For minor skin contact, avoid spreading
material on unaffected skin.Wash clothing separately before reuse. If skin irritation or an allergic
skin reaction develops, get medical attention.
Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if
present and easy to do. Continue rinsing. Get medical attention if irritation develops and persists.
Ingestion Rinse mouth. Do not induce vomiting without advice from poison control center. If vomiting occurs,
keep head low so that stomach content doesn't get into the lungs. Do not use mouth-to-mouth
method if victim ingested the substance. Induce artificial respiration with the aid of a pocket mask
equipped with a one-way valve or other proper respiratory medical device. Get medical attention if
any discomfort continues.
Most important May cause redness and pain. Symptoms may include coughing, difficulty breathing and shortness
symptoms/effects, acute and of breath.
delayed
Indication of immediate Provide general supportive measures and treat symptomatically.
medical attention and special
treatment needed
General information Ensure that medical personnel are aware of the material(s)involved, and take precautions to
protect themselves.
5. Fire-fighting measures
Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide(CO2).
Unsuitable extinguishing None known.
media
Specific hazards arising from Contact with combustible material may cause fire.
the chemical
Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire.
and precautions for firefighters
Fire-fighting In the event of fire, cool tanks with water spray.
equipment/instructions
General fire hazards May intensify fire; oxidizer.
6. Accidental release measures
Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Wear
protective equipment and appropriate protective equipment and clothing during clean-up. Do not touch damaged containers
emergency procedures or spilled material unless wearing appropriate protective clothing.Avoid skin contact and inhalation
of vapors during disposal of spills.Ventilate closed spaces before entering them. Local authorities
should be advised if significant spillages cannot be contained. For personal protection, see Section
8 of the SDS.
Methods and materials for Stop the flow of material, if this is without risk. Prevent entry into waterways, sewer, basements or
containment and cleaning up confined areas. Following product recovery,flush area with water. For waste disposal, see Section
13 of the SDS.
Environmental precautions Avoid discharge into drains,water courses or onto the ground.
Oxygen Biochem (OBC)TM SIDS US
920293 Version#:01 Revision date:- Issue date:09-May-2014 2/7
7. Handling and storage
Precautions for safe handling Avoid inhalation of vapors/dust and contact with skin and eyes.Wash thoroughly after handling.
Keep away from clothing and other combustible materials. Use only with adequate ventilation. Do
not taste or swallow.Wear appropriate personal protective equipment(See Section 8). Observe
good industrial hygiene practices.
Conditions for safe storage, Store in original tightly closed container. Store away from incompatible materials(See Section 10).
including any incompatibilities Keep locked up.
8. Exposure controls/personal protection
Occupational exposure limits
US.ACGIH Threshold Limit Values
Components Type Value
Sodium persulfate(CAS TWA 0.1 mg/m3
7775-27-1)
Biological limit values No biological exposure limits noted for the ingredient(s).
Appropriate engineering Observe occupational exposure limits and minimize the risk of exposure. Ensure adequate
controls ventilation, especially in confined areas.
Individual protection measures,such as personal protective equipment
Eye/face protection Wear safety glasses with side shields(or goggles).
Skin protection
Hand protection Wear protective gloves.
Other Neoprene or rubber gloves are recommended.Apron and long sleeves are recommended.
Respiratory protection In the case of respirable dust, use self-contained breathing apparatus. Wear positive pressure
self-contained breathing apparatus (SCBA).
Thermal hazards Wear appropriate thermal protective clothing, when necessary.
General hygiene Always observe good personal hygiene measures, such as washing after handling the material
considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective
equipment to remove contaminants.
9. Physical and chemical properties
Appearance Off-white, granular solid.
Physical state Solid.
Form Solid.
Color Off-white.
Odor Odorless.
Odor threshold Not available.
pH 11.7±0.4(1-40%solution, slurry)
Melting point/freezing point Not available.
Initial boiling point and boiling Not applicable.
range
Flash point Not available.
Evaporation rate Not available.
Flammability(solid, gas) Not available.
Upper/lower flammability or explosive limits
Flammability limit-lower Not available.
(%)
Flammability limit-upper Not available.
(%)
Explosive limit-lower(%) Not available.
Explosive limit-upper(%) Not available.
Vapor pressure Not applicable.
Vapor density Not applicable.
Relative density 2.76±0.16(25°C)
Oxygen Biochem (OBC)TM SIDS US
920293 Version#:01 Revision date:- Issue date:09-May-2014 3/7
Solubility(ies)
Solubility(water) Soluble in water.
Partition coefficient Not available.
(n-octanol/water)
Auto-ignition temperature Not available.
Decomposition temperature Not available.
Viscosity Not available.
Other information
Oxidizing properties Oxidizing.
10. Stability and reactivity
Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport.
Chemical stability Material is stable under normal conditions.
Possibility of hazardous No dangerous reaction known under conditions of normal use.
reactions
Conditions to avoid Contact with combustibles.
Incompatible materials Combustible material. Oxidizing material. Reducing agents.
Hazardous decomposition No hazardous decomposition products are known.
products
11. Toxicological information
Information on likely routes of exposure
Ingestion Harmful if swallowed.
Inhalation May cause irritation to the respiratory system.
Skin contact Causes skin irritation.
Eye contact Causes serious eye irritation.
Symptoms related to the May cause redness and pain. Exposed individuals may experience eye tearing, redness, and
physical, chemical and discomfort. Symptoms may include coughing, difficulty breathing and shortness of breath.
toxicological characteristics
Information on toxicological effects
Acute toxicity Harmful if swallowed.
Skin corrosion/irritation Causes skin irritation.
Serious eye damage/eye Causes serious eye irritation.
irritation
Respiratory or skin sensitization
Respiratory sensitization May cause allergy or asthma symptoms or breathing difficulties if inhaled.
Skin sensitization May cause an allergic skin reaction.
Germ cell mutagenicity No data available.
Carcinogenicity This product is not considered to be a carcinogen by IARC,ACGIH, NTP, or OSHA.
Reproductive toxicity No data available.
Specific target organ toxicity- May cause respiratory irritation.
single exposure
Specific target organ toxicity- No data available.
repeated exposure
Aspiration hazard Not applicable.
Chronic effects Prolonged exposure may cause chronic effects.
Further information No data available.
12. Ecological information
Ecotoxicity This product's components are not classified as environmentally hazardous. However,this does
not exclude the possibility that large or frequent spills can have a harmful or damaging effect on
the environment.
Persistence and degradability No data is available on the degradability of this product.
Bioaccumulative potential No data available for this product.
Oxygen Biochem (OBC)TM SIDS US
920293 Version#:01 Revision date:- Issue date:09-May-2014 4/7
Mobility in soil Not available.
Other adverse effects No data available.
13. Disposal considerations
Disposal instructions Consult authorities before disposal. Dispose in accordance with all applicable regulations.
Hazardous waste code The Waste code should be assigned in discussion between the user, the producer and the waste
disposal company.
Waste from residues/unused Dispose of in accordance with local regulations.
products
Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal.
14. Transport information
DOT
UN number UN1479
UN proper shipping name Oxidizing solid, n.o.s. (Sodium persulfate)
Transport hazard class(es)
Class 5.1
Subsidiary risk -
Packing group II
Environmental hazards
Marine pollutant No
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
Special provisions 62, I135, IP1
Packaging exceptions None
Packaging non bulk 211
Packaging bulk 242
IATA
UN number UN1479
UN proper shipping name Oxidizing solid, n.o.s. (Sodium persulfate, Calcium peroxide)
Transport hazard class(es)
Class 5.1
Subsidiary risk -
Label(s) 5.1
Packing group II
Environmental hazards No
ERG Code 5L
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
IMDG
UN number UN1479
UN proper shipping name OXIDIZING SOLID, N.O.S. (Sodium persulfate, Calcium peroxide)
Transport hazard class(es)
Class 5.1
Subsidiary risk -
Label(s) 5.1
Packing group II
Environmental hazards
Marine pollutant No
EmS F-A, S-Q
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
Transport in bulk according to This product is not intended to be transported in bulk.
Annex II of MARPOL 73/78 and
the IBC Code
15. Regulatory information
US federal regulations This product is a"Hazardous Chemical'as defined by the OSHA Hazard Communication
Standard, 29 CFR 1910.1200.
All components are on the U.S. EPA TSCA Inventory List.
TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D)
Not regulated.
Oxygen Biochem (OBC)TM SIDS US
920293 Version#:01 Revision date:- Issue date:09-May-2014 5/7
US. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050)
Not listed.
CERCLA Hazardous Substance List(40 CFR 302.4)
Not listed.
Superfund Amendments and Reauthorization Act of 1986(SARA)
Hazard categories Immediate Hazard-Yes
Delayed Hazard-Yes
Fire Hazard-Yes
Pressure Hazard-No
Reactivity Hazard- No
SARA 302 Extremely hazardous substance
Not listed.
SARA 311/312 Hazardous Yes
chemical
SARA 313(TRI reporting)
Not regulated.
Other federal regulations
Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPs) List
Not regulated.
Clean Air Act(CAA)Section 112(r)Accidental Release Prevention (40 CFR 68.130)
Not regulated.
Safe Drinking Water Act Not regulated.
(SDWA)
US state regulations This product does not contain a chemical known to the State of California to cause cancer, birth
defects or other reproductive harm.
US. Massachusetts RTK-Substance List
Not regulated.
US. New Jersey Worker and Community Right-to-Know Act
Calcium peroxide(CAS 1305-79-9)
Sodium persulfate(CAS 7775-27-1)
US. Pennsylvania Worker and Community Right-to-Know Law
Not listed.
US. Rhode Island RTK
Not regulated.
US.California Proposition 65
US-California Proposition 65-Carcinogens &Reproductive Toxicity(CRT): Listed substance
Not listed.
International Inventories
Country(s)or region Inventory name On inventory(yes/no)"
Australia Australian Inventory of Chemical Substances(AICS) Yes
Canada Domestic Substances List(DSL) Yes
Canada Non-Domestic Substances List(NDSL) No
China Inventory of Existing Chemical Substances in China (IECSC) Yes
Europe European Inventory of Existing Commercial Chemical Yes
Substances(EINECS)
Europe European List of Notified Chemical Substances(ELINCS) No
Japan Inventory of Existing and New Chemical Substances(ENCS) Yes
Korea Existing Chemicals List(ECL) Yes
New Zealand New Zealand Inventory Yes
Philippines Philippine Inventory of Chemicals and Chemical Substances Yes
(PICCS)
United States&Puerto Rico Toxic Substances Control Act(TSCA) Inventory Yes
*A"Yes"indicates this product complies with the inventory requirements administered by the governing country(s).
A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing
country(s).
Oxygen Biochem (OBC)TM SIDS US
920293 Version#:01 Revision date:- Issue date:09-May-2014 6/7
16. Other information, including date of preparation or last revision
Issue date 09-May-2014
Revision date -
Version# 01
Further information HMIS®is a registered trade and service mark of the NPCA.
NFPA Ratings
4 0
ox
List of abbreviations NFPA: National Fire Protection Association.
References Registry of Toxic Effects of Chemical Substances(RTECS)
HSDB®- Hazardous Substances Data Bank
Disclaimer The information contained herein is accurate to the best of our knowledge. However, data, safety
standards and government regulations are subject to change and,therefore, holders and users
should satisfy themselves that they are aware of all current data and regulations relevant to their
particular use of product. CARUS CORPORATION DISCLAIMS ALL LIABILITY FOR RELIANCE
ON THE COMPLETENESS OR ACCURACY OR THE INFORMATION INCLUDED HEREIN.
CARUS CORPORATION MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO,ANY WARRANTIES OF MERCHANTIABILITY OR FITNESS
FOR PARTICULAR USE OR PURPOSE OF THE PRODUCT DESCRIBED HEREIN.All conditions
relating to storage, handling, and use of the product are beyond the control of Carus Corporation,
and shall be the sole responsibility of the holder or user of the product.
(Carus and design)is a registered service mark of Carus Corporation.
Oxygen Biochem (OBC)TM SIDS US
920293 Version#:01 Revision date:- Issue date:09-May-2014 7/7
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AGREE
This Agreement is made and entered into this 1st day of November,2019, by and between
Terraquest Environmental Consultants, P.C. (hereinafter called "Terraquest"), and Hashpot,Inc.
F/K/A Little River Corporation (hereinafter called "CLIENT"), to provide for Terraquest to perform
the services described herein, in accordance with the terms and conditions set forth below and in
the attached Schedules A and B,which are incorporated and made a part hereof by reference,and
payment to Terraquest by CLIENT.
RECITALS
CLIENT hereby engages Terraquest to conduct environmental investigations("Services")at
"Little River Corporation — Spring Hope" located at 117 N. Ash Street, Spring Hope, NC (the
"Property").
In consideration of the matters described above, and of the mutual benefits and obligations set
forth in this Agreement, the CLIENT and Terraquest agree as follows:
1. Property Conditions: Upon execution of this Agreement, and as required throughout
the project, CLIENT shall provide Terraquest with all site information and any other such data in
the possession of CLIENT as applicable and necessary for Terraquest to provide Services for the
Property. Additionally, CLIENT represents that the Property is either owned or leased by CLIENT or
CLIENT has a written permit or authorization of the Property Owner to allow Terraquest to entry
upon and about the Property to perform its Services for the benefit of Client.
2. Environmental Documents:CLIENT hereby authorizes Terraquest to sign environmental e
documents, including but not limited to any regulatory or government documents, on CLIENT's
behalf, as CLIENT's agent for the purposes of this project and Services.
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3. Price and Payment:
A. The price for the Services defined in this Agreement have been determined by
Terraquest and quoted to CLIENT in a "Basis of Charges" attached Schedule A. Terraquest's
"Standard Rate Sheet" is attached as Schedule B and incorporated and a part hereof by reference
as the basis for any additional adjustments to the initial Price of Services for the Project. The
Parties acknowledge that the attached cost estimate for the Services may fluctuate depending on
the Property conditions and time constraints. In the event that additional charges will be billed to
CLIENT, all such charges shall be based on the units and rates contained in attached Schedules. [k
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B. It is mutually agreed by CLIENT and Terraquest that CLIENT shall timely make all
payments for Services performed by Terraquest at the Property under this Agreement. Payment
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of all invoices rendered pursuant to this Agreement shall be due and payable upon invoice
submission date from Terraquest. Any unpaid invoice balances 30 days past the invoice date shall
accrue interest at the rate of 1.5% per month (18% per annum) until paid in full. Any payments
received after the specified due date are subject to an additional late fee of $35 as an
administrative fee which shall be due and payable on the 31St day after the specified original
invoice due date. Terraquest reserves the right to withhold the disclosure or release of its
determined data or any summary report or opinion until full payment has been made by CLIENT.
Terraquest does not accept payment from real estate closings.
C. For CLIENTS seeking reimbursement with the NC Leaking Underground Storage Tank
Trust Fund it is further understood and agreed to by both parties that each party will make every
reasonable effort to enable CLIENT to obtain funds from the NC Trust Fund, but that Terraquest
makes no guarantee that such funds will be available to CLIENT for any of the costs associated with
this Agreement. Tank removal and associated costs presented in Schedule A are not considered
reimbursable by the NC Leaking Underground Storage Tank Trust Fund. Terraquest agrees to not
exceed $20,000 of presumed reimbursable costs during the UST closure.
4. GENERAL TERMS&CONDITIONS
A. Terraquest is an independent consultant and agrees to provide to CLIENT, for its sole
benefit and exclusive use,the consulting services set forth in this Agreement.This Agreement shall
not be assigned by CLIENT without the prior written consent of Terraquest: All reports,
information, analysis, and data submitted by Terraquest to CLIENT shall remain confidential and
shall not be disclosed to third parties without the prior written consent of Terraquest;
notwithstanding anything contrary herein, Terraquest reserves the right to report or disclose to
any governmental or regulatory authorities its findings if required by applicable regulation,code,
law or court order.
B. Either party may terminate this Agreement without cause upon three (3) days'written
notice to the other party. In the event that CLIENT requests termination prior to completion of
Services by Terraquest, CLIENT agrees to timely pay Terraquest for all incurred costs and services E
that Terraquest has rendered prior to such notice upon invoice delivery by Terraquest.
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C. Terraquest will perform its Services using the degree of skill and care that is ordinarily
exercised undersimilar conditions by comparably situated environmental consulting professionals.
NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED TO BE MADE BY THIS
AGREEMENT, EITHER BY ORAL OR WRITTEN STATEMENTS.CLIENT agrees that Terraquest's liability
to CLIENT or to any third party due to any negligent professional acts or omissions shall not exceed
and be limited to the amount of Terraquest's professional fees for the Services contemplated
under this Agreement.
D. The Parties agree to perform all acts as reasonable and necessary for Terraquest to
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provide the Services on the Property and for CLIENT to make timely payment to Terraquest
pursuant to this Agreement.
E. ARBITRATION; WAIVER OF JURY TRIAL. The Parties agree that any dispute or
controversy regarding the subject matter of this Agreement which cannot be amicably resolved
between the Parties shall be submitted to binding arbitration, pursuant to the NCRUAA(G.S. § 1-
569.1 et seq.), upon the written notice of either party delivered to the other of such party's
intention to arbitrate and shall otherwise conform to the requirements set forth below.
The alternative dispute resolution procedures which shall apply underthis Agreement are
as follows: If the parties cannot informally settle the dispute within ten (10) days after receipt of
the written notice of a dispute,then said dispute shall be settled by binding arbitration,conducted
on a confidential basis, pursuant to the NCRUAA (G.S. § 1-569.1 et seq.). All arbitration
proceedings shall be held in Alamance County, North Carolina.Judgment upon the award rendered
by the arbitrator may be entered in any court having jurisdiction, and the arbitrator may include
provisional remedies in their award. The arbitrator shall determine all questions of fact and law
relating to any controversy, claim or dispute hereunder, including but not limited to whether or
not any such controversy,claim or dispute is subject to the arbitration provisions contained herein.
Any party desiring arbitration shall serve notice of intent to arbitrate on the other party,in
accordance with the NCRUAA(G.S. § 1-569.2).The arbitrator shall be agreed upon by both parties;
if the parties fail to agree on an arbitrator,then the arbitrator shall be appointed pursuant to G.S.
§ 1-569.11. The parties shall bear their own attorney fees,costs and expenses associated with the
arbitration. The arbitrator's fees shall be split evenly between the parties. The arbitrator shall
make a determination within three (3) months after the dispute is submitted for arbitration.
Notwithstanding the existence of a dispute and until the arbitrator render a decision, each party
shall be obligated to fulfill its obligations and continue its performance in accordance with the
terms hereof.
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Notwithstanding anything herein to the contrary, each party retains the right to pursue in
Small Claims Court any dispute within that court's jurisdiction. Further,this Arbitration provision
shall apply only to disputes in which either party seeks to recover an amount of money(excluding
attorneys' fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.
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G. CLIENT shall indemnify Terraquest and hold it harmless from and against any loss,
damage,claim or injury which Terraquest or its subcontractor shall suffer or incur as a result of any
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breach of this Agreement by CLIENT or as a result of any incomplete or incorrect information or
data CLIENT provides to Terraquest including boundary surveys of the property provided by
CLIENT. CLIENT shall be responsible for and shall pay to Terraquest, its directors, officers, or
employees for all actual, general, and special consequential damages, including attorneys' fees,
costs of suits, costs of arbitration, costs of appeal, which may be awarded in any arbitration or
litigation instituted by or against CLIENT to recover any of the foregoing items indemnified or to
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obtain injunctive relief from CLIENT'S failure to perform as specified in this Agreement. In addition
to the foregoing and not in limitation thereof, CLIENT shall indemnify and hold harmless
Terraquest from any and all claims, liabilities, losses, damages and expenses, incurred or arising
from the performance of or resulting from acts of Terraquest performed in the course and within
the scope of its engagement herewith provided such are done in good faith;this indemnification
and release shall specifically include (but not be limited to) any acts of Terraquest that result in
damage to public or private utilities on the Property. This indemnification shall survive the
termination of employment and engagement of Terraquest.
I. Any notice provided for or concerning this Agreement shall be in writing and shall be
deemed sufficiently given when sent by certified mail or overnight delivery to the respective
address of each Party as set forth below.
J. The invalidity of any portion of this Agreement shall not be deemed to affect the validity
of any other provision.
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K. Terraquest may from time to time on behalf of CLIENT arrange for the services of
subcontractors and others. All costs to Terraquest for those services of subcontractors associated E
with providing services of this Agreement and/or contemplated for the Project shall be paid by
CLIENT upon rendering of invoice.
L. This Agreement shall be governed in all respects by the laws of the State of North
Carolina. All litigation, arbitration, or legal proceedings associated with this Agreement shall be
conducted in a forum within Alamance County,State of North Carolina, unless otherwise agreed in j
writing by the Parties.
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M. This Agreement and attached Schedules A and B (the "Attachments") constitutes the 1
entire agreement between the Parties and cannot be changed or modified except by a written
instrument signed by both Parties.
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N. Neutral Interpretation and Counterparts. The Parties shall be deemed to have
cooperated in the drafting and preparation of this Agreement. Hence,any construction to be
made of this Agreement shall not be construed against any Party. This Agreement may be
executed in counterparts and each executed counterpart shall be effective as the original. All
faxed,emailed,or electronic signatures affirming this Agreement constitute an original signature.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties have caused this Agreement with the incorporated
Attachments to be executed in duplicate originals by their duly authorized representatives on
the date first set forth above.
CLIENT: TERRAQUEST ENVIRONMENTAL CONSULTANTS, P.C.
HASHPOT, INC. F/K/A LITTLE RIVER CORPORATION
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Authorized Representative Authorized Representative
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Address for Notices: Address for Notices:
N.B. Lowie Terraquest Environmental Consultants, P.C.
Hashpot, Inc. 100 East Ruffin St.
P.O. Box 2188 Mebane, NC 27302
Gastonia, NC 28053
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