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Contract 36287
OCT 232007 STATE OF TEXAS § § KNOW .A SE PRESENT COUNTY OF TARRANT § SECRETARYo�0 1 RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING G P Cr ies Cow aA, This Agreement is entered into by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City", acting herein through Libby Watson, it's duly authorized Assistant City Manager, and , . ., acting herein through Clear Fork Consulting Services, it's duly authorized hereinafter referred to as "User", pursuant to the requirements of Chapter 12.5, Division 4, of the City Code of the City of Fort Worth. NOW THEREFORE, it is agreed as follows: 1. GRANT OF USE A. City agrees to permit User to install and maintain a monitoring well on a City right-of- way, as shown on the map attached hereto as Exhibit "A" which is incorporated into and made a part of this Agreement as if set forth fully herein, for the express purposes of conducting environmental sampling: One (1) monitoring well, designated as "MW-12", to be located within the right of way at the Southwest corner of Northeast 21" Street and North Commerce Street near and approximately at 2030 North Main, legal description being Ellis, MG Addition, Block 184, Lot 15R, Fort Worth, Tarrant County, Texas. B. User shall submit to the City's Traffic Engineer a Traffic Control Plan for written approval prior to the commencement of any work under this Agreement and shall provide a copy of such approved Traffic Control Plan to the Environmental Manager. C. User shall have no property rights to any City property or right-of-way in which the well is installed and environmental sampling is conducted, and access to the property shall be nonexclusive at the City's discretion. V`1Ffl 4 A WON R. 7B 0-11ETAF � W I EKE Right of Way Use Agreement for Environmental Monitoring Page 1 of 13 Diamond Shamrock 2. REGULATION OF CONSTRUCTION A. User shall conduct environmental sampling in accordance with federal, state and local laws and regulations. B. The construction of the well shall comply with the scope and details of construction of the well that is included in�ser's Informal Request for Sub-surface Environmental Sampling, dated January , 007 and User's Formal Request, dated March 6, 2007 and which are hereby attached as Exhibits "B" and "C", both of which are incorporated into this Agreement by reference. The top of the manhole box for the well shall be completed to be at, or slightly above ground level and will be encased in an 8-inch diameter, water-tight steel manhole box along with a minimum 24-inch by 24-inch concrete slab that is sloped back to ground level, in order to protect it and not interfere with everyday use of the land around it. C. User shall ensure that the person who performs the drilling and installation of the monitoring well in conjunction with the environmental sampling, or other party with appropriate oversight of the drilling project, is properly licensed and bonded in accordance with V.T.C.A. Texas Water Code, Chapter 32, to perform work on City's property or public right-of-way. Verification of such licensure shall be made available upon demand by the City. D. User agrees that it shall require any Contractor that performs any aspect of the construction, operation, or maintenance of the Monitoring Well to possess all federal, state, and local licenses to perform all work contracted for, prior to initiation of such work. E. User agrees to use the equipment that it has listed in Exhibits "B" and "C", in the construction, operation, and maintenance of the well. F. User has indicated in Exhibit C that it will utilize the services of Groundwater Monitoring, Inc., which is a state-licensed environmental drilling firm, to install the monitoring well. If User determines that it will be necessary to contract with another company, User agrees to obtain written acceptance by the City prior to initiation of any drilling or installation. G. User shall maintain and operate the monitoring well. In the event that User determines the need to contract the maintenance and operation of the well with a third party, User shall notify the City of same in writing prior to doing so, and shall obtain written acceptance by the City of such a contract. H. User shall install, maintain, and monitor the well: Right of Way Use Agreement for Environmental Monitoring Page 2 of 13 Diamond Shamrock a. In accordance with the City of Fort Worth's Standard Specification for Street and Storm Drain Construction, which is hereby incorporated into and made a part of this Agreement as if fully set forth herein; b. So that there is minimal disturbance to traffic and to the peace of the surrounding neighborhoods; c. So that no discharges are made to either the City's municipal separate storm sewer system or to the sanitary sewer system; and d. So that the openings to the monitoring wells are protected at all times with properly functioning locking caps. I. When User performs or causes the performance of any work in the right-of-way or other public property, or so closely adjacent to such places as to create hazards for the public, User, its employees, or contractor shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public, equipment, and workmen. The application of such traffic control devices shall be consistent with the standards and provisions of the latest addition to the Texas Manual on Uniform Traffic Control devices. Appropriate warning lights shall be used at all construction, maintenance, and monitoring/sampling areas where one or more traffic lanes are being obstructed during nighttime conditions. J. User shall require its contractor to contact the City's Department of Engineering and the City's Traffic Engineer at least forty-eight (48) hours before drilling commences, and further requires its contractor to comply with all requirements of the City's inspectors. No work under this Right-of-Way Use Agreement shall begin until authorized in writing by the City's Street Management Division of Transportation and Public Works Department. K. User shall ensure that it has received written clearance from all City-franchised utility companies, and any non-franchised utility companies so affected, prior to the commencement of drilling, and that the City has been provided with a copy of said clearances. 3. INSPECTIONS The City's Traffic Engineer, and the City's Environmental Manager, or their designated representatives, are authorized to inspect User's operations at all reasonable times and to halt User's operations when necessary to protect the environment or the traveling public. User shall ensure that its contractor complies with all orders to halt operations given pursuant to this paragraph. Right of Way Use Agreement for Environmental Monitoring Page 3 of 13 Diamond Shamrock 4. REPORTING REQUIREMENTS AND MITIGATION OF CONTAMINATION A. User agrees to provide City with appropriate documentation indicating the completion date of monitoring/sampling, geological conditions, certification of proper completion, any findings regarding the presence or non-presence of contamination, test results generated as a result of said monitoring wells, and any other information submitted to the Texas Commission on Environmental Quality, upon request of the City or otherwise, shall be provided to the City at the same time that such information is submitted to Texas Commission on Environmental Quality. B. If environmental monitoring confirms contamination of soil or groundwater within the City's right-of-way or other property, User shall notify the City's Department of Environmental Management of same in writing within ten (10) days after receiving confirmation of contamination. User shall cooperate with the City in mitigating the contamination as necessary. User agrees that in the event contamination is attributable to and resulting from User's activities, such remediation shall be undertaken at User's sole cost and expense in accordance with the procedures and standards set forth by the Texas Commission on Environmental Quality and/or the United States Environmental Protection Agency. 5. RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY A. User shall repair, clean up, and restore all rights-of-way and other City property disturbed during the installation, maintenance, and sampling of wells, and shall warrant the repairs and restoration of such rights-of-way and other property for a period of two (2) years from the date of completion of same. Such repairs, clean up, and restoration shall return the rights-of-way and other disturbed property to substantially the same condition they were in before User's operations began. The determination that the rights-of-way, other City property, and their surfaces have been returned to substantially the same condition shall be made by the City's Director of Transportation and Public Works, or his designee. B. City shall have the right at any time to order and require User to remove or abate any spill, discharge, well equipment, or other facility that is dangerous to life or property. In the event User fails or refuses to comply with the City's order, or if an emergency exists which precludes the City from giving notice to User prior to responding, City shall have the right to remove or abate same at the expense of User, all without compensation or liability for damages to User. Right of Way Use Agreement for Environmental Monitoring Page 4 of 13 Diamond Shamrock C. Within thirty (30) days of the expiration or earlier termination of this Agreement, User shall remove the well and restore the City's right-of-way and other property in accordance with part A of this paragraph. User's plan to remove the well and restore property is subject to the City's approval, and shall be submitted to City prior to the removal. D. If, within fifteen (15) days' written notice from the City, User fails to remove the well and restore property as required, City may cause the well to be removed and the rights- of-way and any other affected property to be restored without notice to User. User shall pay City for all costs incurred by City in said removal and restoration. 6. RELOCATION OF MONITORING WELLS A. User, at its sole cost and expense, and upon the City's request (without claim for reimbursement or damages against the City), shall relocate any and all wells so identified by this Agreement, where necessary due to street construction or reconstruction by or on behalf of the City, or due to the construction or relocation of City utility lines, including, but not limited to, water, sanitary sewer, storm drains, street lights and traffic signal conduits, or due to any other work by or on behalf of the City or general public in or under the City rights-of-way. B. If City requires User to relocate its wells pursuant to Fart A of this paragraph, User shall relocate or remove its wells upon receiving a written directive from City to do so, within seven (7) days of receipt of said notice, unless otherwise stated in the directive. In the event User fails to comply with the directive, the City shall have the right to relocate or remove or cause the relocation or removal of the wells, and User shall reimburse City for all its costs. C. City reserves the right to permit to be laid and repaired, sewer, gas, water, and other pipelines, cable, conduits, and other similar facilities in, along, over, or under any rights-of-way and other City property occupied by User pursuant to this Agreement. City further reserves the right to require User to remove or relocate its wells to enable use of the rights-of-way or other property by City's franchisees, licensees, and invitees. City, its officers, and employees, shall not be liable to User for any damages, loss or expenses arising out of the performance of such work or the relocation or removal of User's wells; however, nothing herein shall relieve any other person or corporation from liability for damage to User's wells, equipment, and other facilities. 7. TERM The term of this Agreement shall be for a period of two (2) years from the date of its execution by both parties, if no contamination is confirmed through the well, and upon satisfaction of the Texas Commission on Environmental Quality, and the City, whichever Right of Way Use Agreement for Environmental Monitoring Page 5 of 13 Diamond Shamrock occurs first. In the event contamination is confirmed through use of the well within two years following the execution of the Agreement, the term of the Agreement shall become a period of five (5) years from the date of its execution, upon written request for amendment made by User to the City. The amendment request shall state that additional environmental sampling will be necessary, and shall include all pertinent data relevant to, and justifying, extension of this Agreement. Right of Way Use Agreement for Environmental Monitoring Page 6 of 13 Diamond Shamrock 8. INDEMNIFICATION A. Definitions. In this paragraph, the following works and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation of environmental requirements pertaining to the wells, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: Right of Way Use Agreement for Environmental Monitoring Page 7 of 13 Diamond Shamrock a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. General Indemnification. USER DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE USER'S OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. Environmental Indemnification. USER DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM USER'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the User under this paragraph shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. Right of Way Use Agreement for Environmental Monitoring Page 8 of 13 Diamond Shamrock E. Upon learning of a claim, lawsuit, or other liability which User is required hereunder to indemnify, City shall provide user with reasonable timely notice of same. F. The obligations of the user under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. 9. INSURANCE A. During the term of this Agreement, User shall maintain the following insurance coverage and the respective policies thereof shall cover all risks related to the use and occupancy of the right-of-way and other City property and all other risks associated with this use Agreement: 1. Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. $2,000,000.00 aggregate. 2. Environmental Impairment Liability/Pollution Liability: $1,000,000.00 minimum per occurrence 3. Automobile Liability Insurance: a. $1,000,000.00 each accident b. Coverage shall be on "any auto", including leased, hired, owned, non-owned and borrowed vehicles. B. User shall require its contractors to maintain the following insurance coverage: 1. Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage 2. Automobile Liability Insurance: a. $1,000,000.00 each accident; or $250,000 Property Damage and $500,000 Bodily Injury per person per occurrence. Right of Way Use Agreement for Environmental Monitoring ag �afF �(.�Il'� NA. Diamond Shamrock b. Coverage shall be on "any auto", including leased, hired, owned, non-owned and borrowed vehicles. 3. Workers' Compensation Insurance a. Statutory limits for Workers' Compensation; and b. Employer's Liability: $100,000.00 each accident/occurrence; $100,000.00; and disease-each employee; $500,000.00 disease-policy limit. C. All policies shall contain the following endorsements: 1. City shall be named as an additional insured on all policies in respect to the monitoring wells, environmental sampling, and the operations under this Agreement; 2. City shall be notified not less than thirty (30) days prior to the cancellation, or non-renewal of, or material changes to, said policies; and 3. All policies shall be endorsed with waivers of subrogation in favor of the City. D. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Risk Manager. E. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of the Risk Manager. F. Programs of self-insurance in lieu of commercial insurance policies shall be assessed, and as appropriate, approved by the Risk Manager; and, as applicable, pre-approved by the Texas Department of Insurance. All such approvals must be completed and/or received by City prior to execution of this Agreement. G. The deductibles or self insured retention (SIR) affecting the insurance coverage required shall be acceptable to the Risk Manager, and in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. Right of Way Use Agreement for Environmental Monitoring v - J age 10 of 13 Diamond Shamrock H. User shall provide City with certificates of insurance documenting User's and User's contractor's coverage as outlined above prior to commencing any operations under this Agreement. Certificates shall be submitted to the Director of Environmental Management. I. Any failure on the part of the City to request documentation of insurance required herein shall not be construed as a waiver of the requirement for same. J. The City may revise insurance requirements specified herein, at its sole discretion, to protect its interest, giving ample prior notice to User. 10. CONSIDERATION In consideration for the use herein granted, User agrees to pay City a fee in the amount of $250.00 (two hundred, fifty dollars, and no cents), which is due and payable upon User's acceptance of this Agreement. Such fees shall be used by the City to offset the cost of regulating and monitoring the use agreement activities specified herein. 11. NOTICE Any notice or communication required in the administration of this Agreement shall be sent as follows: If to City: If to User: Mr. Brian Boerner, Director !Yl Dept. of Environmental Mgt. C_P6s, Le City of Fort Worth yam, N 1000 Throckmorton St. Fort Worth, TX 76102-6311 12. TERMINATION A. In the event User defaults in the performance of any of its obligations under this Agreement or misrepresents to the City a material fact, the City shall have a right to terminate this Agreement upon giving the User written notice describing the breach or omission in reasonable detail. The User shall have a ten (10) day period commencing upon the date of notice of default in which to affect a cure. If the User fails to affect a cure within the aforesaid ten (10) day period, the City may terminate this Agreement by written notice to User. Right of Way Use Agreement for Environmental Monitoring Page 11 of 13 t)immnnd.Shnmrnrk B. Upon termination, the User shall be released from all contractual obligations to the City, except that all of User's duties, obligations, and liabilities set forth in Paragraphs 4, 5, and 8 shall remain in effect as indicated herein. The requirements imposed under Paragraph 4, "REPORTING REQUIREMENTS AND MITIGATION OF CONTAMINATION", shall survive for a period of two (2) years after the termination of the Agreement, or until such time that any contamination which may have occurred has been mitigated to the satisfaction of the City, and the Texas Commission on Environmental Quality, whichever period is longer. The requirements imposed under Paragraph 5, "RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY", shall survive for two (2) years after the termination of this Agreement, or until such time that the property affected is restored to its original condition and such restoration fully complies with Paragraph 5 of this Agreement, whichever period is longer. The duties, obligations, and liabilities set forth in Paragraph 8, "INDEMNIFICATION", shall survive the expiration or termination of this Agreement. 13. GOVERNING LAWS It is mutually agreed and understood that this Agreement is made and entered into by the City and User with reference to the existing Charter and Ordinances of City and the laws of the State of Texas, and of the United States, which govern all matters affecting this Agreement, and User agrees to comply fully with all the provisions of same. 14. ENTIRETY This Agreement constitutes the entire agreement by the parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. This Agreement may be amended or changed only by the written agreement of both parties. 15. SEVERABILITY In case any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 16. VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. Right of Way Use Agreement for Environmental Monitoring Page 12 of 13 T)immnnd Shamrock 17. AUTHORIZATION The undersigned officer and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate originals in Tarrant County, Texas. )\/RG ProPf r-h-es Cor.PaAy CITY OF FORT WORTH BY: NAME: Libby on TITLE: /p 05C Assistant City Manager Date Signed: �'I �� Date Signed: /a ,o p fi OQ�RTIES C CORPORATE SEAL: c�V y APPROVED AS TO FORM SEAL 2007 Oh, �u OFLAW PPS Assistant &ity Attorney wiTrrEss: ATTEST: ,�" (Signature) Marty Hend , City Secretary Print Name: I-J OC=!+/'� No M&C required cr104.25.07v1 CITrf c� ^ Right of Way Use Agreement for Environmental Monitoring ° N �bf IG�° >7-nd Shnmrnrk LEGEND EXHIBIT "A" -500'Radius Lram Sh ® -Site -Proposed Monitor Well Locations Restaurant Restaurant A Vacant — c Parking J \ � e . Pan American Used Car Golf Association v v i Auto Body Dealership o Shop / Used Car Parking / Dealership Office \ / Office Building Murco / Building I Night Ciub \` 21st STREET i LU LU I I-- 'Parking 1 I K Clinic to Z �--''' W Murco 1 Q w t rn t r— to 1 a U v J a D O Used Car i a e Inc. Dealer W tL w e 0 V ca `m m / F— to Restaurant v _J \ / LU Family Dollar Former UST \ Site Ix 20th STREET Diamond Shamrock#205 2030 N. Main Street Fort Worth, Texas N Proposed Monitor Well Locations 0 D' 50' 100' 2DD' f � CLEAR FoRK EXHIBIT"B" CONSULTING SERVICES p E C E � W r D FEB 1 3 2007 January 18, 2007 City of Fort Worth Environmental Division Attn: Janay Tieken 1000 Throckmorton Fort Worth, TX 76102 Re: Informal Request for Monitor Well Installation Southwest corner of NE 21"and N. Commerce Fort Worth, Texas Ms. Tieken: Clear Fork Consulting Services is the Registered Corrective Action Specialist (RCAS) for Diamond Shamrock Refining and Marketing, Inc. (DS). As such, under directives provided by the Texas Commission on Environmental Quality (TCEQ), the installation of one (1) groundwater monitoring well is required at your property location. Diamond Shamrock Refining and Marketing removed four (4) gasoline underground storage tanks, three (3) dispenser islands and associated piping on December 2, 2004. Upon completion of removal activities, representative soil samples were collected throughout the entire excavation and two (2) monitor wells were installed for the purpose of collecting representative groundwater samples. Laboratory results indicated that soil and groundwater samples collected exhibited BTEX and MTBE concentrations above the current TCEQ action levels. Therefore an LPST number was assigned (LPST ID 116471) and the TCEQ issued correspondence stating that the subject site is subject to TRRP and an APAR be submitted once the site has been delineated to the applicable protective concentration limits (PCLs). To date, eight (8) monitor wells have been installed on-site and three (3) wells (MW-9, 10 and 11)have been installed within the TxDOT right-of-way. Off-site access was requested at the parking lot located at 108 NE 21 St Street owned by Vernon Rudd. Furthermore, off-site access was also requested at the parking lot located at 113 NE 21St Street owned by Murco Wall Products, Inc. However, both of these parties have verbally denied access to these properties. Therefore, this monitor well is proposed within the City of Fort Worth's right-of-way to further delineate the contaminant plume. CFCS, LP 42€ 0 N. MAIN 5TPEET SUITE 250 FORT Wop-rH, TX 761 06 FHoNE: 817-625-2596 FAx 1-317-525-21E58 The proposed monitor well will allow for the periodic collection of groundwater samples to monitor aquifer quality. The proposed monitor well is required due to the fact that the most down-gradient monitor well (MW-3) has exhibited a benzene and MTBE concentration above the protective concentration limit (PCL). The installation of this well can be completed in less than one (1) day and all site activities will be conducted to either minimize or eliminate potential inconveniences. The installed monitor well will be sampled periodically as directed by the TCEQ. The required installation and monitoring of this well is associated with the former Diamond Shamrock #205 located at 2030 N Main Street (Business 287) in Fort Worth, Texas. This proposed well is located down-gradient of the current monitor well network as shown on the attached site plan and area maps. The proposed well is 2.0" in diameter set in a 12.0" manway (flush with the ground). This well can be installed within the grassy right-of-way between NE 21 sc Street and the sidewalk. Upon completion of monitoring activities required by the state, the well will be properly plugged and abandoned and the area restored to its former condition. As requested, the TCEQ correspondence letter, site plan, site vicinity map and analytical data for MW-9, MW-10 and MW-II have been attached detailing our investigation and assessment efforts associated with LPST ID 116471. A map of the proposed monitor well location has also been attached showing the proposed well location and utilities within the city's right-of-way. Any site activities will be coordinated with you prior to commencement. If you have any questions, please contact me at (817) 625-2596 or the TCEQ Case Coordinator (Isiah Glover) at(512) 239-2200. Sincerely, CFCS, LP ,<L_ Cr John C. Hanley Hydrogeologist LEGEND -Monitor Well Locations NE 21 ST STREET Groundwater Gradient Contour Interval @ 0.50' (a2.22') -Grondwater Elevation Relative to 100.00'Benchmark I -Direction of Groundwater FI c1.s°' II106 (st48•) MW-2 'Gauged On 06108105. (NlW ® I 82.00' �� I ( (80.76') UST, MW-3 Field \ I \ (e1.ea) i — MW-5 1 ® (8 W-4 ------------------j ® \ I 81.00' I 1 ( 1 I I W LU I `\ 1 I Z 1 I Station g (82.22') ui I Building _ NW-1 lz \, z L— —J (92.02') \ MW$ ® 82.00' MW-7 (a2.2o') Diamond Shamrock#205 2030 N. Main Street Fort Worth, Texas N Groundwater Gradient Map 0.0' 7.5' 15' 30' CONSULTING SERVICES SEA CONSULTING SERVICES D E CE YE ; D January 18, 2007 JAN 1 9 2007 City of Fort Worth Environmental Division Attn: Chris Breitling 1000 Throckmorton Fort Worth, TX 76102 Re: Informal Request for Monitor Well Installation Southwest corner of NE 21S`and N. Commerce Fort Worth,Texas Mr. Breitling: Clear Fork Consulting Services is the Registered Corrective Action Specialist (RCAS) for Diamond Shamrock Refining and Marketing, Inc. (DS). As such, under directives provided by the Texas Commission on Environmental Quality (TCEQ), the installation of one (1) groundwater monitoring well is required at your property location. Private party access was denied from 108 NE 21" Street, owned by Vernon Rudd, and 2032 N. Commerce Street occupied by Murco Wall Products, Inc. The proposed monitor well will allow for the periodic collection of groundwater samples to monitor aquifer quality. The installation of this well can be completed in less than one (1) day and all site activities will be conducted to either minimize or eliminate potential inconveniences. The installed monitor well will be sampled periodically as directed by the TCEQ. The required installation and monitoring of this well is associated with the former Diamond Shamrock #205 located at 2030 N Main Street(Business 287) in Fort Worth, Texas. The proposed well is 2.0" in diameter set in a 12.0" manway (flush with the ground). This well can be installed within the paved (concrete/asphalt) right-of-way. Upon completion of monitoring activities required by the state, the well will be properly plugged and abandoned and the area restored to its former condition. The TCEQ correspondence letter, site plan and site vicinity map have been attached detailing our investigation and assessment efforts associated with LPST ID 116471. A map of the proposed monitor well location has also been attached showing the proposed well location and utilities within the city's right-of-way. CFCS, LP 4200 N. MAIN STPEET SUITE 250 FORT 5,/VORT€-t, TX 761 06 eP-Hot-€E 117-625-7-596 FAX E317-625m259S Any site activities will be coordinated with you prior to commencement. If you have any questions, please contact me at (817) 625-2596 or the TCEQ Case Coordinator (Isiah Glover) at(512) 239-2200. Sincerely, CFCS, LP John C. Hanley Project Manager "` r. 01, CLEAR F O R K EXHIBIT "C" CONSULTING SERVICES March 6, 2007 City of Fort Worth Environmental Division Attn: Janay Tieken 1000 Throckmorton Fort Worth, TX 76102 Re: Formal Request for Monitor Well Installation Southwest corner of NE 21"and N. Commerce Fort Worth, Texas Clear Fork Consulting Services is the Registered Corrective Action Specialist (RCAS) for Diamond Shamrock Refining and Marketing, Inc. (DS). As such, under directives provided by the Texas Commission on Environmental Quality (TCEQ), the installation of one (1) groundwater monitoring well is required at your property location. Diamond Shamrock Refining and Marketing removed four (4) gasoline underground storage tanks, three (3) dispenser islands and associated piping on December 2, 2004 from former Diamond Shamrock #205 located at 2030 N Main Street (Business 287) in Fort Worth, Texas. The responsible party is Diamond Shamrock Refining and Marketing, Inc. located at 4840 Dacoma in Houston, TX 77092. Michael D. Amerson is the Lead Environmental Specialist for Diamond Shamrock and his phone number is (713) 812-3051. Upon completion of removal activities, representative soil samples were collected throughout the entire excavation and two (2) monitor wells were installed for the purpose of collecting representative groundwater samples. Laboratory results indicated that soil and groundwater samples collected exhibited BTEX and MTBE concentrations above the current TCEQ action levels. Therefore an LPST number was assigned (LPST ID 116471) and the TCEQ issued correspondence stating that the subject site is subject to TRRP and an APAR be submitted once the site has been delineated to the applicable protective concentration limits (PCLs). To date, eight (8) monitor wells have been installed on-site and three (3) wells (MW-9, 10 and 11) have been installed within the TxDOT right-of-way. Documented contact and access agreements with Texas Department of Transportation are included as "Attachment 1" and site maps showing all monitor wells and sampling locations are located within "Attachment 2". CFCS, LP ' -Mn N. MAIN STREET SUITE 250 FORT WORTH, TX 761 06 -ox S 1 7-625-2598 Off-site access was requested at the parking lot located at 108 NE 21" Street owned by Mr. Vernon Rudd. Furthermore, off-site access was also requested at the parking lot located at 113 NE 21" Street owned by Murco Wall Products, Inc. However, after numerous attempts to negotiate access both of these parties have verbally denied access to their properties. Therefore, this monitor well is proposed within the City of Fort Worth's right-of-way to further delineate the contaminant plume. The Offsite Access Agreements submitted to the off-site landowners are located within "Attachment 3"of this correspondence. The proposed monitor well will allow for the periodic collection of groundwater samples to monitor aquifer quality. The proposed monitor well is required due to the fact that the most down-gradient monitor well (MW-3) has exhibited a benzene and MTBE concentration above the protective concentration limit (PCL). The installation of this well can be completed in less than one (1) day and all site activities will be conducted to eliminate potential inconveniences to the right-of-way. Representative groundwater samples will be collected periodically (quarterly) as directed by the TCEQ until case closure has been granted. Texas ONE CALL along with Haros Brothers, a private utility locating service, were notified to locate all utilities within 100 feet of the proposed well location. All utilities within the required radius are located on the attached site maps. Texas ONE CALL confirmation has been attached as "Attachment 4" indicating all utilities notified within the area of the proposed monitor well. The proposed well is 2.0" diameter set in a 12.0" manway (flush with the ground). This well can be installed within the grassy right-of-way between NE 21" Street and the sidewalk. Site maps indicating the location of the proposed well and a monitor well completion diagram detailing the size and construction along with the location coordinates are located within "Attachment 5". Upon completion of monitoring activities required by the state, the well will be properly plugged and abandoned by a licensed water well driller and the area restored to its former condition. The proposed monitor well will be installed by Groundwater Monitoring, Inc. under the supervision of a Clear Fork professional. A 2003 ATV Drilling Rig will be utilized for the installation of this well. A portable organic vapor meter (OVM) will be used in the field to screen selected soil samples for testing. Three (3) discrete soil samples will be collected from the boring/well: one (1) from the area exhibiting the highest concentrations of volatile organic compounds as determined by OVM evidence 2) from the capillary fringe if groundwater is encountered and 3) from the bottom of the boring. Once the well has been properly developed, representative groundwater samples will be collected on a quarterly basis. Soil and groundwater samples will be transported to Trace Analysis, Inc. laboratory located in Lubbock, Texas, for analyses of total petroleum hydrocarbons (TPH; Method TX1005) and benzene, toluene, ethylbenzene, xylenes and methyl-tertiary butyl ether (BTEX/MTBE; Method 8021B). Additional analyses for poly-nuclear aromatic hydrocarbons (PAH; Method 8270) may be conducted on both soil and groundwater samples exhibiting TPH greater than the C 12 range. The contact names, addresses, phone numbers and qualifications of all businesses associated with the installation, sampling and maintenance of this well are located within"Attachment 6" of this correspondence. John Hanley with Clear Fork Consulting Services will be the project manager overseeing the installation and sampling of the proposed monitor well. Additional information for Clear Fork is included within"Attachment 6". Any site activities will be coordinated with you prior to commencement, If you have any questions, please contact me at (817) 625-2596 or the TCEQ Case Coordinator (Isiah Glover) at (512) 239-2200. Sincerely, CFCS, LP John C. Hanley Project Manager ATTACHMENTS CFCS, LP ATTACHMENT I Texas Department o,f'Transportation Access Agreement CFCS, LP Texas Department of Transportation P.O. BOX 6868• FORT WORTH, TEXAS 76115-0868• (817) 370-6500 November 14, 2005 John C. Hanley Clear Fork Consulting Services 4200 N. Main Street Fort Worth, Texas 76106 RE: Site Access Request, Business 287 (N. Main Street) Fort Worth, Texas Dear Mr. Hanley : The Fort Worth District Texas Department of Transportation is in receipt of your request for access to the right-of-away at the above-mentioned location. Your request has been accepted and a completed agreement is attached. Please note that all insurance must be kept in force for the duration of the activity and in accordance to Article 1 of the agreement, you shall notify TxDOT at the completion of all activities. If you have any questions regarding the review or this letter, please contact Stephanie Johnson of my staff at 817/370-6709. Sincerely, Mari el P. haV@Z, P.E. District Engineer MPC/slj Attachment: Access Agreement ^-� . ,itv Employer E Fc� D 1 November 7, 2005 Stephanie Johnson TX DOT P.O. Box 6868 Fort Worth, Texas 76115 Re: Site Access Request Business 287 (N Main Street) Various Locations Fort Worth,Texas Dear Ms. Johnson: Clear Fork Consulting Services is the Registered Corrective Action Specialist (RCAS) for Diamond Shamrock Refining and Marketing, Inc. (DS). As such, under directives provided by the Texas Commission on Envirorunental Quality (TCEQ), the installation of three (3) groundwater monitoring wells are required at your property location. A Private Party Agreement is attached to this correspondence, which requires your review and authorization prior to commencement of site activities. The proposed monitor wells will allow for the periodic collection of groundwater samples to monitor aquifer quality. The installation of these wells can be completed in less than one (1) day and all site activities will be conducted to either minimize or eliminate potential inconveniences. The installed monitor wells will be sampled periodically as directed by the TCEQ. The required monitoring of these wells is associated with the former DS service station located at 2030 N Main Street (Business 287) in Fort Worth, Texas. The proposed wells are 2.0" in diameter set in a 12.0" manway (flush with the ground). These wells can be installed within the paved (concrete) right-of-way. Upon completion of monitoring activities required by the state, the wells will be properly plugged and abandoned and the area restored to its former condition. Any site activities will be coordinated with you prior to commencement. If you have any questions, please contact me at (817) 625-2596 or the TCEQ Case Coordinator (Maria Lebron) at (512) 239-2200. Sincerely, CFCS, LP John C. Hanley Project Manager PRIVATE PARTY AGREEMENT FOR ACCESS TO TEXAS DEPARTMENT OF TRANSPORTATION RIGHT OF WAY DURING PETROLEUM OR HAZARDOUS SUBSTANCE INVESTIGATION AND/OR REMEDIATION STATE OF TEXAS § COUNTY OF Tarrant § This Agreement is made by and between the Texas Department of Transportation hereinafter referred to as "TxDOT," and f R-1- LP , hereinafter referred to as "Contractor," and Diamond Shamrock Refining & Marketing . hereinafter referred to as "Owner." WITNESSETH WHEREAS,Chapter 203 of the Texas Transportation Code empowers the Texas Transportation Commission and TxDOT to lay out, construct, maintain, and operate the State highway system;and • Investigation (check only one box which is applicable) WHEREAS, Contractor and Owner desires to the presence. extent or absence of hazardous substances in soils and/or ground water in connection with the Owner's property. . ith a Texas Commission on Environmental Quality(TCEQ) L.P.S.T. No.(if applicable) 116471 ; or 0 Remediation (check only one box which is applicable) WHEREAS, Contractor and Omer desires to remediate petroleum or hazardous substance in soils and/or ground water. WHEREAS, Contractor and Owner have requested permission from TxDOT to use Business 87(N Main Street) right of way a. a' roximat y 2039. 2100 and 2101 N Main Street in the City of Fort Worth and the County of Tarrant , for the purpose of constructing, maintaining, operating, and removing monitor wells , hereinafter referred to as the "Activity,"as shown on Exhibit"A" and hereby made a part of this Agreement; and WHEREAS, TCEQ has given TxDOT written concurrence that the Contractor and/or Owner may access and temporarily use said TxDOT highway right of way for purpose of groundwater monitoring hereinafter referred to as the "Activity,"as shown and hereby made a part of this Agreement; and, 1 WHEREAS,the Contractor and Owner may conduct the work agreed to in this document; WHEREAS, TCEQ has given TxDOT written concurrence that the Contract and/or Owner should access and temporarily use said TxDOT highway right-of-way and said written concurrence is hereby attached as Exhibit "B"and made a part of this agreement, NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is hereby agreed as follows: AGREEMENT Article 1. Site Investigation and/or Remediation A. The Activity shall conform to a plan of action approved by TxDOT and TCEQ at least 30 days in advance. B. The Activity shall be conducted in compliance with all governing laws and State regulations and policies. C. The Contractor and Owner shall perform the Activity in such a manner as to avoid safety hazards and inconveniences to or interference with highway traffic. Anv traffic control plan and traffic control devices required by said Activity shall be approved by TxDOT and installed by the Contractor or Owner in accordance with the Texas ".Manual on Uniform Traffic Control Devices for Streets and Highways. D. Pursuant to §203.031 of the Transportation Code, entry onto the right of way of any controlled access facility shall be allowed only from the outer edge of the right of way by way of frontage roads, nearby or adjacent public roads or streets, or trails along or near the highway right of way that connect to an intersecting road. Article 2. Concluding the Investigation and/or Remediation A. Contractor of Owner shall notify TxDOT when the Activity has been completed. B. Prior to termination of this Agreement, the Contractor and Owner will remove the Activity and all of its facilities, equipment. and material from the highway right of way and restore the right of way to its original condition, free of any damage, including ruts or any other injury to the environment. C. Owner shall be liable for and obligated to clean up and remediate any contamination of hazardous substances in the right of way found to originate from the Owner's property. All liability and obligation shall be borne by the Owner until such time as a letter from TCEQ is received by TxDOT stating that the said site investigation and/or remediation is complete. D. Owner will reimburse TxDOT for any costs incurred by TxDOT for repairs of the highway facilities for removal of the Activity, or for any other necessary restoration or remediation work performed by TxDOT. 2 Article 3. General Terms and Conditions A. The Contractor or Owner has provided TxDOT with a Certificate of insurance on TxDOT Standard Form 1560, as currently revised. The limits of the policy shall remain in effect for the duration of the Activity. TxDOT shall be named as an Additional Insured with a Waiver of Subrogation in favor of TxDOT. Such Certificate of insurance is attached as Exhibit "C" and is hereby made a part of this Agreement. The Contractor or Owner shall not enter onto the right of way unless the above-referenced insurance is in effect. B. TxDOT's authorization to allow Contractor and Owner to enter onto the right of way does not in any way impair or relinquish TxDOT's right to use such land for right of way purposes when it is required for construction or reconstruction of the traffic facility for which it was acquired, nor shall use of the land for other than highway purposes under this Agreement ever be construed as abandonment of the land by TxDOT. Furthermore, approval of this Agreement by TxDOT does not constitute agreement by any other Texas State agency. C. The Contractor and Owner agree to indemnify and save harmless TxDOT. its aeents and employees, from all suits, actions, or claims and from all liability and damages for any and all injuries sustained by any person or property as a consequence of any neglect in the performance of the Activity and related action by the Contractor or Owner and from any claims or losses arising or recovered under the Workers Compensation Laws of Texas. the Texas Tort Claims Act. or anv other laws. D. The Contractor and Ov.,ner understand that utility installations o\Nned by others exist in the right of way. The Contractor or Owner shall provide adequate notice of the Activity to all utility companies potentially impacted by the investigation. E. The Contractor and Owner shall further indemnify Tx DOT and accept responsibility for all damages or injury to property of any character, including utilities, occurring during the prosecution of the Activity resulting from any act, omission neglect or misconduct on the part of the Contractor or Owner in the manner or method of executing the Activity. Article 4. Termination A. It is mutually agreed and understood that this Agreement shall terminate after a period of not more than one (1)year from the date of the final execution of the Agreement. B. TxDOT reserves the right to terminate this agreement at any time after notifying the other party in writing at least thirty (30) days in advance of the intended termination and establishing the conditions of termination. C. TxDOT may, in its discretion, extend the period of this Agreement upon receipt of a written request from the Owner, provided that such request is received at least thirty (30)days prior to the scheduled termination of the Agreement. TxDOT shall review the Owner's request for time extension and, if acceptable, shall execute an amendment to this Agreement. Said amendment to this Agreement shall be executed by the Owner and its contractor, and must include all supporting documentation from the Owner addressing all proposed revisions to the Activity's limits and period of work. Said amendments shall be attached hereto and shall be made a part of this Agreement. 3 IN WITNESS WHEREOF, TxDOT, Contractor, and Owner have executed triplicate counterparts to effectuate this Agreement. THE TEXAS DEPARTMENT OF TRANSPORTATION Executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. By ! 4/ ���<,� � ' Date District Engineer Headquarters Address P.O. Box 6868, Fort Worth, Texas 76115 CONTRACTOR By CFCS, LP Date 11/07/05 Name John C. Hanlev Si.anature Title Manager Address 4200 N. Main Street, Ste. 250, Fort Worth, Texas 76106 OWNER By Diamond Shamrock Refining&&y4arketing Date /'/' o� Name C. Shay Wideman Signature"� Title Manager, Mar e inogF_nvirnninPntal Address P.O. Box 696000 San Antonio Texas 78269 List of Exhibits: A. Site Layout and Proposed Activity B. TCEQ Letter of Concurrence C. Certificate of Insurance (TxDOT Form 1560) D. Traffic Control Plan 4 t ATTACHMENT 1: SITE LA YOUT CFCS, LP Clear Fork Consulting Services LEGEND 500'Radius from Site ® -site O -Proposed Monitor Well Locations Restaurant Restaurant m Vacant — c \ Parking a 10 R Pan American y Used Car Golf Association a i Auto Body Dealership Shop Used Car Parking / Dealership Office / Office Building Murco � Building Night Club r 21 st STREET ul ul It K Clinic Parking N i Z W Murco a + N 7 ix W v J&D O Used Car w Inc. Z Dealer w ! W c9 0 / W A O � U co Restaurant 4 [/� \ at / -j FamilyILI c Dollar Former / UST d Site / o: 20th STREET Diamond Shamrock#205 2030 N. Main Street Fort Worth, Texas NProposed Monitor Well Locations C p C 0.0' 50' 100' 200' _ ATTACHMENT 2: TCEQ LETTER OF CONCURRENCE CFCS, LP Clear Fork Consulting Services Kathleen Hartnett White,Chairman R.B."Ralph"Marquez,Commissioner =:��;'i•.:1.- �,,,yi Larry R.Soward,Commissioner - Glenn Shankle,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution May 9, 2005 MT. C. Shay Wideman CERTIFIED MATT, Valero 47003 3110 0003 0833 7986 PO Box 696000 RETURN RECEIPT REQUESTED San Antoruo, 'i X 78269-6000 Re: Leaking Petroleum Storage Tank (LPST) ID Number Assignment and Comments to the Release Determination Report for f0*mer Diamond Shamrock No. 205, 2030 N. Main St., Fort Worth (Tarrant County),Texas (LPST ID No. 116471; Facility ID No. 40251; RDR ID 14313); R-4 Dear Mr. Wideman: The Texas Commission on Environmental Quality(TCEQ)has become aware that a release has occurred from a storage tank system at the above-referenced facility. Owners and/or operators of storage tank systems are required to immediately abate any release of a regulated substance,conduct an investigation for soil and groundwater cleanup as necessary, and notify all parties affected by the contamination. The LPST ID number 116471 has been assigned to this case and should be included on all correspondence. The Petroleum Storage Tank(PST) Responsible Party Remediation (RPR) Section will be responsible for the regulatory coordination of this facility unless you are advised otherwise in writing. We request that you contact an environmental consulting firm registered with the TCEQ as a Corrective Action Specialist (RCAS), to perform an affected property assessment. Please submit a completed Affected Property Assessment Report (AFAR)form (TCEQ-10325) to this office within 180 days of the date of this letter. Be aware that all assessment and corrective action activities must be performed in accordance with all applicable rules, regulations, and guidance material. You may obtain information on completing an AFAR form and on the Texas Risk Reduction Program (TRRP) rules on the Web at the addresses shown on the attached TRRP-Related Guidance Documents and Forms list, or you may call 512/239-2200 to request information. As the responsible party,you are responsible to pursue whatever actions are necessary to abate and minimize any impacts or threats to human health and safety and to stabilize any adverse conditions caused by this release. This includes the removal of any non-aqueous phase liquid(NAPL)or product,if present,from the tankhold, piping chases, monitor wells, etc., to the maximum extent practicable. If NAPL is present, or if any emergency abatement actions become necessary as a result of this release incident, you must notify the local TCEQ Regional Office immediately. Please note that you will be responsible for undertaking all necessary corrective actions to address the release,and you may also be held liable for any third-party losses which may result. P.O. Box 13087 0 Austin,Texas 78711-3087 0 512/239-1000 9 Internet address:www.tceq.state.tx.us Mr. C. Shay Wideman May 9, 2005 Page 2 LPST ID No.116471 Pursuant to 30 TAC§334.82 and§350.55,if you determine that contamination from the release has rnigrated off-site,or if you are required by the TCEQ to conduct further assessment or other corrective actions off-site, then you must notify the affected landowner(s)within 60 days of documenting the impact. Please note that "landowner" may include the owner of the land on which the tanks are located,as well as any state or local owners of rights-of-way. For the purpose of this requirement,notice shall be through any means described in §334.82. Please provide documentation to this Office that all affected landowner(s) has/have been properly notified as necessary, within 30 days of notification (i.e., within 90 days of off-site impact, documentation). Please note that failure to notify affected parties as required herein is grounds for formal enforcement proceedings. Please note that all correspondence, clearly labeled with both the LPST and Facility ID Numbers, should be submitted to both the local TCEQ Regional Field Office and to the Central Office in Austin. Should you have any questions, please contact Michael L'Heureux of Darcy Environmental (PST Privatization Contractor) at 512/342-8585 ext. 23, and reference the assigned LPST ID number. We appreciate your cooperation. Sincerely, Maria Lebron or Prasanthi Bollineni Texas Commission On Environmental Quality Privatization Contract Manager PST -Responsible Party Remediation Section Remediation Division MCL/PVB/ml2 LPST ID No. 116471.lad.wpd 143 l 3.lad.db2.wpd Enclosure: List of Comments and Deficiencies TRRP-Related Guidance Documents and Forms for PST Sites Mr. C. Shay Wideman May 9 , 2005 Page 3 LPST ID No.116471 List of Comments/Deficiencies 1. Benzene, toluene, ethylbenzene, xylene and MTBE concentrations exceeded soil action levels and benzene,toluene,ethylbenzene,and MTBE exceed groundwater action levels. 2. Please submit a completed Affected Property Assessment Report(APAR)form(TCEQ-10325)to this office within 180 days of the date of thss correspondence. Please enst:re that delineation is cornplctcd to all appropriate assessment levels for the chemicals of concern(COCs)for all media before the APAR is submitted. As part of the affected property assessment,clean up levels,i.e.protective concentration levels (PCLs),must be established for all COCs as appropriate. Please see TRRP rule and guidance document entitled, "Affected Property Assessment Requirements"(RG-366/7RRP 12). 3. Sites subject to TRRP may choose to self-implement response actions under remedy standard A(only). If self-implementation is chosen,the AP a does not have to be submitted within 180 days.Note that remedy standard Acan be chosen without self-implementation.If self-implementation is chosen,a Self- Implementation Notice (SIN) form(TCEQ 10323/SIN) must be submitted at least 10 days prior to conducting any response action. See the SIN form instructions and TRRP rule for more information. If self-implementation is not chosen, the Response Action Plan (RAP) must be submitted with the APAR for TCEQ approval. Please see TRRP rule and guidance document entitled, "Application of Remedy Standard A and B"(RG-366r RRP 28). 4. The Tier I Ecological Exclusion Checklist is mandatory for all sites which (a) first provide release determination information to the TCEQ on or after September 1, 2003, (b) have detections of any chemicals of concern(COCs)other than total petroleum hydrocarbons(TPH), and(c)desire to not be subject to the Texas Risk Reduction Program (TRRP) rule. A cop), of the Checklist is available at www.tnrce.state.tx.uslpermittinQIforms.'eco.pd f. ATTACHMENT 3: CER TIFICA TE OF INS URA NCE CFCS, LP Clear Fork Consulting Services It �a ACORDM CERTIFICATE OF LIABILITY INSURANCE osiziz0o PRODUCER (972)233-9761 FAX (972)233-9769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Glenn-Madden & Associates Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13601 Preston Rd. # 106 E HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75240 INSURERS AFFORDING COVERAGE NAIC# INSURED C.F.C.S. , LP INSURERA: Westchester Surplus Lines Ins. WSL 4200 N. Main Street, #250 INSURERS: Unitrin Business Insurance Fort Worth, TX 76106 INSURERc: Associated International INSURERD: Texas Mutual Insurance Co. 0014 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY DATE(Mminnmy) G22077296 U8/3012007 08/30/2008 EACH OCCURRENCE $ 5,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $PRFMIRF 50,000 A [jrCLAIMS MADE �OCCUR MED EXP(Any one person) $ 5,000 B anket Addl Insd PERSONAL&ADV INJURY $ 5,000,000 anket Waiver GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 5,000,000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY CAP2 501346 08/30/2007 08/30/2008 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ B X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY CUBW2194607 10/17/2007 10/17/2008 EACH OCCURRENCE $ 2,000,000 _jcl OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TSF0001152081 12/24/2006 12/24/2067 1 we STATU- orH- EMPLOYERS'LIABILITY BLANKET WAIVER OF E.L.EACH ACCIDENT $ 1,000,000 D ANY ECUTIVE OFFICERIMEM ER EXCLUDED? SUBROGATION E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 10000,000 OTHER DESCRIP IPN OF OPE NS/LQCATIONS/V HICLES/ FUSIONS DED BY ENDO SEMENT f SPEC,IAL P OVISIONS ertiricate Holder is name(I as AddTtTonai Insured as required by written contract. mbrella Policy is over the Commercial Auto and Workers Compensation policies only. aiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Fort Worth 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Attn• Janay Ti eken BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000.Th rockmorton OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Rickie Glenn/PD ACORD 25(2001/08) FAX: (817)392-6359 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) ATTACHMENT 4: TRAFFIC CONTROL PLAN CFCS, LP Clear Fork Consulting Services - Flashing arrow dieplays More channelizing devices at closer spacing - Temporary raised pavement markers - High-level warning devices - Portable changeable message signs - Portable traffic signals Portable barriers Impact attenuators Screens Rumble strips o Upgrading of devices A full complerner,t cf standard paveirient markin-s in a r e a s mot regJte o hiph degree of driver Oti entlon Brighter and/or wider pavement markings Larger signs Higher type channelizing devices Barriers in place cf channelizing devices o Improved geornetrics at detours or crossovers , giving particular attention to the provisions :et forth in section bB o Increased distances - Longer advance warning area - Longer tapers c Lichtinv Temporary roadway lighting Steady-burn lights used kith channelizing devices Flashing t>eocons for isolated work activity ereas Illuminated signs Floodlights When conditions are not as difficult as those depicted in the typical applications , fewer devices may suffice. However, uniformity cf devices and their application is alwa)-s extremely important . Traf fic control depends primarily cn devices such as dvance warning signs , flashing vehicle lights , and flags. An advEnce warning sign should be used when any of the following conditions Occur : TX 6G-6 Mv.tdo. 6) o work will be performed im.ediately adjacent to the shoulder at certain stages of the activity. o Equipment may be moved along or across the highway. O Motorists may be distracted by the work activity. A typical sign for this situation may be ROAD WORK Mr-7-.D. If -he equipment travels on or crosses the roadway, it should be 'Quipped with appropriate flags , flashing lights , and/or a SLOW MOVING VEHICLE E mbol . A typical layout for stationary work outside of the shoulder is shown in f igure T):-1 . Special signing for a blasting zone is sho,.-n in figure Tx-2 . A typical layout for short- duration, motile and moving work outside of the shoulder and on the shoulder is shourn in f igure TA-4 . 6G-4 . WORK 014 THE SHOULDER This section descrites typical Epplications that cover shoulder work. It is divided into shoulder work that does and ices r.ot interf ere with traffic. a . 13o Encroachment on Traveled way There is no direct interference with traffic . When the shoulder is occuEied or closed, the drivers should 1~e advised enl the workers should be protected . In some instances , this may require the use cf portable Carriers if work is directly adjacent to the travel line. Usually, the single warning sign, SHOULDEF w4RK , is adecroate when an iinprcved shoulder is cicr-ed on a speed roadway, it should to treated as a cloEing of a portion cc the road System tecause drivers expect to be able to use it in emergencies . WteriEts should be given ample advance warning t!..at shoulders are closed to use as refuge areas throughout a Epeci;ie3 length of the approaching temporary traffic control zone. The signs should read SHOULDER CLOSED with distances indicated. Tt.e work space on V` a shoulder should be closed off by a taper of channelizing devices with a length of 1/3 L, using the formulas in section 6C-3 . Flashing arrow displays shall be used only in ti.e caution mode . b . Minor Encroachment on Traveled hay When work is on the shoulder or takes up part of a lane, tra€f is volume.,, vehicle mix (buses , truckE , and car--) , speed, End capacity Ehould be analyzed to determine whether the affected '.are should be closed. The lane encroachment Ehould permit a remaining lane width of meters ( 10 feet) or the lane should be closed. However , 2.7 meters (9 feet) is acceptable for Ehort- term use on low- Tx bG-7 (Rev. No 0 11`L�1i`-, BUD, �, i , TEX. Work Beyond the Shoulder 1 . The signs illustrated in this figure are not required if the work space is behind a barrier, more than 0.6 meters (2 feet) behind the curb, or 4.5 meters (15 feet) or more from the edge o: any roadway. 2 . The RO),D WORK ANEI,D sign may be replaced with other appropriate signs , such as the SHOULDER WORK _sign . The SHOULDER WORM, sign may be used for work adjacent to the shoulder, 3 . If the work space: is in the median of a divided hiahway, an advance -arning sign should alEo be placed on the left side c the directional roadway. 4 . For short- term, shert-duration, cr mobile operation, all sicns and channelizing devices may be eliminated if a vehicle with an activated flashing or revolving light is used. TX 6414 (Rev.No. 6) k i foptionslt Pcstcc+ 'x• Sipn 'x• 51pn Speed Spoc ingt SpM l,.g. (► Hf Weier6) (Fret) 30 or .a 1e« Q0 35 50 160 ,0 15 240 5 1 a0 320 cp 120 400 55 ISO 500 60 Ib0 600 65 210 )00 70 2.0 eoo Apure TA-1- Wvr* 6sYond the thouldor. 1X 6H-15 (Rev.►4o.6) ATTACHMENT 2 Site Maps and Sample Location Maps CFCS, LP LEGEND ♦ -Soil Sample Locations NE 21 ST STREET ® -Monitor Well Locations C-77) MW-2 Transport i U$=-7 U�T 6j Pipe I Trench UzST-4 UST_5; UST-9 U�-0 j UST j Field♦ ♦ ! UST31♦ UST-11 UST-1� r------- I ! T-4 I I UST-2 UST-1 I I I ! f�II I !D-31♦L I LJ I� I I I I 1 W LT-21 I LU � I i Z Q D-21♦L j Station i Building = MW-1 I at ® ! Z �T-1 i7 I D-1 ♦ J I I Canopy Dispenser Island Diamond Shamrock#205 2030 N. Main Street Fort Worth, Texas NUST Removal Report DEAR FORK 0.0' 7.5' 15' 30, r—ONSULTING SERVtCES LEGEND ® -Monitor Well Locations NE 21 ST STREET G Gas Line e �Overhead Electric Lines __.uT— Underground Tele7MW-6 - - - - - ---oE- - - - --OE- — _ — — — UT —— — — UT— € MW-2 \ ® of G Transport ------- ® Pipe I Trench , I I I , UST j MW-3 Field MW�S r-------J I J11 __— MW-4 II 'bE 9E' I LU I � I I z Station j Building = MW-1 I O z II I ( L__.— MW-8 Canopy Dispenser ® Island MW-7 JE G I ( Diamond Shamrock#205 2030 N. Main Street Fort Worth, Texas NSite Plan/Sample Location Plan Off7.5' 15' 30' CLEAR F®RK Cf3hFSULTitiG SERVlCES LEGEND ® -Monitor Well Locations NE 21ST STREET Groundwater Gradient Contour Interval @ 0.50' (82.22') -Grondwater Elevation Relative to 100.00'Benchmark i Direction of Groundwater Flo 81,50, 311k.001 MW-2 Note: ` Gauged On 06108106. MVY-88 r————— -� -- i (80.76') t �S—� I MW-3 \\ i Field j MW-6 — --------------' I MW-4 i -------------------J (� II� ti I tll t 2?.50' W � I i I i � I I Z Station (az.zz) �—+i t Lluilding = MW-1 I j t � � I 0 II Z i I f - J (82.02') MW-8 ® 82.00' MW-7 (82.20') Diamond Shamrock#205 2030 N. Main Street Fort Worth, Texas NGroundwater Gradient Map CLEAR F O R K 0.0' 7.5' 15' 30' CONSULTING SERvieES ATTACHMENTS 3 4ffsite Access Agreements CFCS, LP TEXAS NATURAL RESOURCE CONSERVATION COMMISSION PETROLEUM STORAGE TANK DIVISION - CORRESPONDENCE IDENTIFICATION SHEET .1 Date: 1118/05 LPST ID No.: 116471 Site Name: Diamond Shamrock No.205 Facility ID No.:40251 Site Address: 2030 North Main Street Fort Worth.TX This checklist must accompany all correspondence submitted to the RPR Section and should be affixed to the front of your submittal as a cover page. Please check the appropriate box for the type of correspondence which you have submitted to the RPR Section. Check all boxes that apply if you are submitting more than one type of correspondence. If you cannot find an appropriate category, please complete the'other'section. 1� 17 Initial Abatement(1) D Tank Removal(2) ❑ Excavation(3) ['j "Alaste Treatment(4) ❑ Site Assessment(5) D Aquifer Testing(6) ❑ VES/Sparge Testing(7) D Qtrly. GW Monitoring(9) D CAP Prep.(9) D GW Extrac./Treatment(10) ❑ Soil Vapor Extrac. (11) D Operation&Main. (12) Site Closure (13) ❑ Plan A Risk Ass.(l4) D Plan B Risk Ass. (15) ❑ Semi-annual GW Mon. (16)* ❑ Annual GW Mon.(1S) ❑ Product Recovery(19) Other proposal E v Assessment Report Fomi(TNRCC-0562) LPST Case Questionnaire i Product Recovery Report Form(TNRCC-0016) E, Release Report Form(TNRCC-06=1) E, Site Closure RequestForrn(TNRCC-0028) D Monitoring Event Surnmarn and Status Report(TNRCC-0013) Final Site Closure Report Form (TNRCC-003S) D Priorit\ 4 LPST Case Closure Request Form(TNRCC-0461) J Other form €R:: D Tank Closure/Removal D Plan A Risk Assessment D Annual Groundwater Monitoring D O&M/Performance Mon. D Plan B Risk Assessment Cl CAP Installation/Modification ❑ Property Divestiture/Phase 1 ESA D Corrective Action Plan(CAP) D Aquifer/Pilot Test Results Q. 5 ' 0 Off-site access assistance D Deadline Extension Request ❑ Tank tightness testing results D Request for State-Lead D Request for LPST Waste Code D Class V Reinjection Request ❑ Notice to Owner/Operator for CAS Services D Petroleum-Substance Waste Manifest ❑ Notice of Continuation of Groundwater Monitoring D Underground Storage Tank Registration Form ❑ Notice of Continuation of Operation and Maintenance ❑ Aboveground Storage Tank Re;istration Form ❑ Other(anything that does not fit into one of the categories above) ' The proposal for semi-annual monitoring and annual report(Proposal Activity 17)has been discontinued. For semi-annual monitoring,use Proposal Activity 16. I attest that all work has been conducted in accordance with accepted industry standards/practices and adhered to TNRCC guidance and rules. I certify that I am aware that misrepresentation of any of the above claims is a violation of 30 TAC 33.4453(b)(1)(E)and that this vioaltion may result in the disciplinary actions set forth in 30 TAC 334A53 and or 334.463 and 334,465. If a proposal is attached for preapproval, has the proposed work, in part or in whole, already been performed or in progress? O Yes ❑No If yes,what work? CFCS.LP CS0000032 09/29/06 (Registered Corrective Action Specialist) (RCAS Reg.No.) (Expiration Date) . . • f 0-) 1 ` / S /S (Signature (Date) (817)625-2596 (817)625-2598 (Telephone 9) (Fax k) Scott A. Williams CAPMOI 191 no expiration (Protect Manager) tC.SPM Reg No.) Expiration Datc) (Sienatie w (Date) (817) 625-2596 (817)625-2598 (Telephone 9) ;Fax } By signature belo-v. I certify'that i have reviexved this reporl for compieteness. Shz} Wideman Diamond Sham-ock Refining h F.1zke:i (Name ofRcpsonsihlc Pan Contect) (Compaml c (Sicnaturey' (Date) (210) 5924663 (210)370-4663 (Telephone N) (Fax 9) November 8, 2005 TCEQ PST Division P.O. Box 13087 Austin, Texas 78711-3087 Attn: Susan Williams Re: Site Access Assistance Request LPST No. 116471 Former Diamond Shamrock #t205 2030 N.Main Street Fort Worth, Texas � r. L Heureux, Pursuant to the TCEQ letter issuing LPST 116471 dated May 9. 2004, an additional delineatory morvtor ivell is required east of the subject site. A request for site access was submitted to the landowner representative on August 30. 2005 (see attached). The property contact has not granted our access request and therefore wur assist-ance in obtaining access is requested. The requested assistance letter should be sent to the tellowir?g address. Vernon C. Rudd 2100 N. Main Street, Suite 211 Fort Worth, TX 76106 If you have any questions please contact me at (817) 625-2596. Sincerely, CFCS, LP John C. Hanley Hydrogeologist 4200 N.Main Street Suite 250 ' Fort Worth,TX 76106 817.625.2596 phone 0mrFork ConsuNng •' 817.625.2598 fax Fax To: Vemon Rudd c/o Melissa Laurel From: John Hanley Fax: 817-625-8524 Pages: 5 Phone: 817-740•1955 Date: 8l30/05 Re: Off-site access request(parking lot) CC: 0 Urgent P For Review ^Please Comment ❑ Please Reply n Please Recycle • Comments: Ms. Laurel, Please forward this document to Mr. R'jdu when, ile returns tc Jv'Jr cf5,.�e. Tnank for your time today. Mr. Rudd, I have attached the off-site access agreement as discussed on 6/30/05. The access request is for the parking area located at 108 NE 21" Street in Fort Worth (across from the Vinnedge Building). If you have any additional questions, please feel free to give me a call and we can discuss. I thank you both! John A August )0.2005 Property Os,"ner Vernon C.Rudd I100 N. Main Street. Suite 211 Fort Wonh, TX 76106 (phone) 817-740-1955 Re: Site Access Request Vinnedge Building Parking Lot 109 NE 21" Street Fort Worth. Texas Redd: CFCS. LP is the ReListered Corrective Action Specialist (RCAS) for Diamond Shamrock Refining and Marketing. As such. under directives provided by the Texas Commission on Environmental Quality (TCEQ). the installation of one (1) croundwater monitoring well is required-at your property location to investigate the potential A' petroleum hydrocarhons that may have mi_trated from the Farmer Diamond Sl.amrock facility No. 205 located at -'0-0 N' Main in Fo-t Worth. TX. An ^ ^c.-cC .garee:nent is attached to this co-respondence. ki'hich reaulres %our re\ae« and authorization prior to commencement of ;ite acti•a cs. 1'laae rnd ale "Oe plan shoeing the proposed monitor ,vell location. The proposed monitor well «•ill allow- for the collection of soil samples and periodic groundwater samples to monitor aquifer quality. The installation of this well can be completed in less than one (1) day and all site activities will be conducted to either minimize or eliminate potential inconveniences to site visitors. The installed monitor \yell \will be sampled periodically as directed by the TCEQ. If 3-ou have any questions please contact me at (817) 625-2596 or the TCEQ Case Coordinator Olaria Lebron) at (512) 2;9-2200. Sincerely. CFCS, LP John C. Hanley. Project Manager CFCS, LP Clear Fork Co►rsuhing Services August 30, 2005 Re: Access Agreement Vinnedge Building Parking Lot 108 NE 21"' Street Fort Worth,Texas Diamond Shamrock Refining and Marketing ("DS") has sought permission, to enter upon property owned and/or controlled by Vernon Rudd to conduct a subsurface investigation for the presence of hydrocarbon liquids or vapors and recovery if required. This would be accomplished by conducting soil borings and installing monitoring yells, in accordance with regulations promulgated by the Texas Commission on Environmental Quality (TCEQ). These investigatory activities will be referred to in this agreement as "Operations". This teller confirms such discussion and the agreement of the Parties regarding the Operations. :'ou and Diamond Shamrock Refining and Marketing (DS) auree as follows: 1. You Nvarmnt that you are the 0-mer, or an authorized representative of the Owner or Lessee, of the property located at: (the "Propem-"). and have the authority to grant permission for the Operations to be conducted pursuant to this agreement. You will permit DS. its employees. representatives, or agents to enter upon the Property and install, operate, rnaintzin, inspect, and remme eouipment, materials and facilities thereinafter collectively referred to as "Eauiomem") to be used in connection with the Operations. This a_reement terminates v hen Operations are completed' to TCEQ and DS' satisfaction. DS acknowledges that this agreement is on.iv a temporary license to enter and conduct the Operations on the Properh and is not a grant of easement or Other interest in the Propem. 2. The Operations to be conducted will be limited to the extent reasonably necessary for the Operations and the installation, operation, maintenance, inspection, and removal of the Equipment. DS, its employees, representatives, or agents will make reasonable efforts to notify you before entering upon the Property to conduct any of the Operations, but any failure or inability to so notify you will not preclude any such Operations being conducted. 3. You agree not to cause or permit others (including any lessees. licensees, or agents) to prohibit, interfere xyith, or obstruct Operations on the Property. DS \N ill use its best efforts not to interfere \i ith your ongoing business on the Property. 4. DS will provide you with one copy of any fatal lab or test results conducted on the soil or groundwater in, on, or under the Property in connection with the Operations and 30 TAC 350.55 and 350.31 (i). CFCS, LP r CFCS, LP Clear Fork Consulting Services 5. When the Operations are complete, DS will cause all Equipment to be removed and the Property to be restored to as near its original condition as reasonably practicable. 6. DS will indemnify, defend, and hold you harmless for any claims made asainst you for injury or damage resulting from the Operations. In conducting the Operations, however, DS in no way admits or acknowledges liability for the presence, if any,of such hydrocarbons. 7. If ordered to further investigate, monitor, or remediate for or due to the presence of hydrocarbon liquids or %apors by the TCEO the parties shall enter into an appropriately negotiated license agreement permitting DS to act in accordance with applicable_TCEO regulations and recommendations. This agreement is effective as of the date of your signature below. if this letter accurately sets out your understanding of our agreement, please sign the original and enclosed copy of this letter in the space provided. Please return the signed original to me. You rnzy keep the copy for your records. We appreciate your cooperation in this matter. Dian-;ond Sha,,,ri+.k- Ref_ln?ng and Ma-ketlrp— B v: C. Shay N{anager, Marketing Emironmental 1 have read, understood, and agreed to this agreement. Vernon C Rudd (Property Owner: Parking Lot— 108 NE ?151. Fort Worth, TX) By: Title: Date: L:\JB\Vd3168.JB O:\WORD\FORMSIDSIACCESS-L.DOC CFCS, LP November 8,2005 TCEQ PST Division P.O. Box 13087 Austin, Tetras 78711-3087 Attn: Susan Williams Re: Site Access Assistance Request LPST No. 116471 Former Diamond Shamrock 4205 2030 N. Main Street Fort Worth, Texas Pursuant to the TCEQ letter issuing LPST 116471 dated ?Flay 9, 2004, an addltional delineatory monitor well is required northeast of the subject site. A request for site access was submitted to the landowner representative on August 30, 2005 (see attached). The property contact has not granted our access i-equest and therefore your assistance i„ obtaining access is requested. The requested assistance letter shora_d he sent to the +ollo%vina address: Terry Benton 2032 N. Commerce Street Fort Worth, TX 76106 If you have any questions please contact me at (817)625-2596. Sincerely, CFCS, LP John C. Hanley Hydrogeologist John Hanley From: QuantumView [QuantumViewNotify@ups.com] Sent: Tuesday,September 06, 2005 12:34 PM To: jhanley@clear-fork.com Subject: UPS Delivery Notification, Tracking Number 1ZR56CE10391379077 ***Do not reply to this e-mail. UPS and Clear Fork v\-ill not receWe N-our reply. At the request of Clear Fork, this notice is to confirm that the following, shipment has been deli,%,ered. Important Delicery Information Delivery Date / Time: 06-September-2005 ! 1]:34 AM Deliver%= Location Left At: RECEIVER Signed by: PRITCPRRD Shipment Detail Ship To: Terry Benton �0=2 N. Commerce St. FORT W'ORTH TV i � 76'A I")6R5'S LS UPS Ser-ice: GROUND '','eight: 1.0 LBS Tracking Number- l ZR560E]0391379077 This e-mail contains proprietary information and may be confidential. If you are not the intended recipient of this a-mail,you are hereby notified that an, dissemination,distribution or copyir.L,of this message is strictly prohibited. If you received this message in error. please delete it immediately. This e-mail w-as automatically generated by UPS e-mail sen ices at the shipper's request. Any reply to this e-mail\+ill not be received by UPS or the shipper. Please contact the shipper directly if you have questions regarding the referenced shipment or you wish to discontinue this notification service. --��r:�ii:.2_�%'u.?KHrnl=Scltt(ll)(t113C's7113DK�l;m}<c1%7mz----- 9/6/?005 UPS Internet Shipping: View/Print Label 1. Print the label(s): Select the Print button on the print dialog box that appears. Mote: if your browser does not support this function select Print from the File menu to print the label. 2. Fold the printed label at the dotted line. Place the label in a UPS Shipping Pouch. If you do not have a pouch, affix the folded label using clear plastic shipping tape over the entire label. 3. GETTING YOUR SHIPMENT TO UPS Customers without a Daily Pickup Schedule a same day or future day Pickup to have a UPS driver pickup all of your Internet Shipping packages. Hand the package to any UPS driver in your area. Take your package to The UPS Storer"', Customer Center or Authorized Shipping Outlet. D!-oDp off vrn_it L,ir Ghipmentc inrliirimri fnririvoirlP r—e rGcc CM --t nnr of nifr locations. Customers with a Daily Pickup Your driver will pickup your shipment(s) as usual. FOLD HERE I — i LO V l co .�� r-4 n s ,-, x p t A � Z [F;-.�` MdY LO Cr z LE v. hltps://NN'NN-»•.ups.com'uis-create?ActioiiOri��inPair=printiPrinterPaE!efiPOPL'P-LE\'EL=... a Aucust 30. 2005 Property Owner Tem' Benton 20 32 N Commerce Street Fort Worth. TX 76106 (phone) 817-626-1987 Re: Site Access Request Parking Lot (adjacent to and east of the WIC buildinc) NE 21�1 Street Tort 'Worth. Texas Mr. Benton- CFCS. LP is the Registered Correcti\e .action Specialist (RCAS) for Diamond Shamrock Refining and Marketing. As such. under direciP,es Provided by the Teas Commission on Environmental Quality JCEQ). the installation of one (1) groundwater monitoring well is required at our propeny location to in\esiigate ;he po-,entice petro eum , ' �--rnons .1. t .. ay -ra\ : migr-=ted { •he F cr• 1 c,f 1 1t\urn�- ; �a M4 �rnm � c�rl,� Diamnn(i �hnmrnrk facility No 245 lnraiP� at (1:(1 'IQ. A lain in Fnr( `1�_'nrni, TY 4n -=icce(ss AL,reenient Is anacneb io in15 corresponJenc-1. rcouires \Our re"le\ 4L i prii)r `!}/'t ltl0 •I!i`��t 0'1 C't`' th e n nmtn V o } n Slzo �\.•1;)£ !,.:e pro;• -sed to .r f1. . t •. . The proposed monitor well \rill allow for the collection of soil samples and periodic groundwater samples to monitor aquifer quality. The installation of this well can be completed in less than one (1) day and all site activities will he conducted to either minimize or eliminate potential inconveniences to site \•isitors. The installed monitor well will be sampled periodicafy as directed by the TCEQ. If you have any questions please contact me at (817) 625-2596 or the TCEQ Case Coordinator(Riaria Lebron) at (512) ?39-2200. Sincerel\-. CFCS, LP John C. Hanley. Project Manager C:FC S, LY Clear Fork Consulting Services August 30, 2005 Re: Access Agreement Parking Lot(adjacent to and east of the 'WIC building) NE 21°' Street Fort Worth, Texas Diamond Shamrock Refining and i`larketing ("DS") has sought permission, to enter upon property ovvned andior controlled by Terry Benton to conduct a subsurface in:estiFaticn for the presence of hydrocarbon liquids or vapors and recover if required. This would be accomplished by conducting soil borings and installing monitoring \+ells, in accordance v Ith regulations promulgated by the Texas Commission on Environmental Quallry (TCEQ). These investiraton activities vyill be referred to in this agreement as "Operations". This letter confirms such discussion and the agreement of the Parties regarding the Operations. You and Diamond Shamrock Refining and ^9arketine (DS) agree as follov-s: 1. You \\arrant that you are the Owner. or an authorized rrpresentati\e (If the Oviner or Lessee, of the propcm located at: (the "Property"). and ha\e the authority to grant permission for the Operations tit be conducted pursuant to this agreement. You \yiit permit DS. its employees. representatives. or a!tenu to enter upon the Prope,rry and install. operate. maintain. inspect, and remn\e equipment, materials and faciiities herei^after ccilect1%e!y referred ro as . _ .•l L.. .� ' .... '� .,1, tr+e I�ncr�i�nnr T{�tf 7nrPonP17 Ct}wpnittlt ) to UC used ill conn_ti n --t C.p _. ierm'nates \,hen Operal{cros are compieted tit i L EQ and LJJ Scl:�:aC11UI?. J l.cl,rlca,!e�`es hat this 2I.-ret^ient is on!\ a ten poT_ary r 311i con duct the Operations on flie Flroner N and 1C not a ` ait of casement or oi!icr interest in the Property. 2. The Operations to be conducted will be limited to the extent reasonably necessary for the Operations and the installation, operation, maintenance, inspection, and removal of the Equipment. DS, its employees, representatives. or agents will make reasonable efforts to notify you before entering upon the Property to conduct any of the Operations, but am' failure or inability to so notify you will not preclude any such Operations being conducted. 3. You agree not to cause or permit others (including any lessees, licensees. or agents) to prohibit, interfere vyith, or obstruct Operations on the Propem,. DS vyill use its best efforts not to interfere \N ith your ongoing business on the Proper.. 4. DS will provide you xyith one cope of any final lab or test results conducted on the soil or ground«ater in, on. or under the Proper1\1 in connection v\ith the Operations and 30 TAC 350.55 and 350.31 (i). CFCS, LP CFCS, LP Clear Fork Consrdliirg Services S. When the Operations are complete, DS will cause all Equipment to be removed and the Property to be restored to as near its original condition as reasonably practicable. 6. DS vw•ill indemniN, defend, and hold you harmless for an), claims made against you for injury or damage resulting from the Operations. In conductine the Operations, however, DS in no %vay admits or acknowledges liability for the presence, if any,of such hydrocarbons. 7. 1f ordered to further i:ri'estigate. moniior. or remediate for or due to the nrr sense of hydrocarbon liquids or \apors by the _TCE _the parties shall enter into an appropriately negotiated license agreement permitting DS to act in accordance ,. ith applicable _TCE _ repulaimns and recoinrnendattons. This agreement is effective as of the date of your signature belo•v. If this lever accurately sets out your understanding of our agreement. please sign the originel and enclosed copy of this lener in the space provided. Please relurn the signed original to me. You may keep the copy for your records. We npp recite your cooperation in this inatler. Diamond Shan?rock Refinine and MarkrtinQ Manager. Marketing En\ironmental 1 have read, understood, and agreed to this agreement. Terry Benton (Property O\vner: Parking Lot—adjacent to and east of the NVIC building— NE:I" Street. Fort Worth,TX) By Title: Date: LAJB\\\3168.JB OANk'ORD`,FORMS\DS\ACCESS-L.DOC CFCS,LP LEGEND -Sp0'Radius from Site ® -Sit& -Proposed Monitor Well Locations Restaurant Restaurant i Vacant Parking t � w c Used Car Pan American t i Auto B Gott Association � � Dealership � aK a S hop \� Used Car Parking / Dealership Office Office Building Murco / Building \ Hight Club ` r 21st STREET J W 1 � , Parking K Clinic N u t Z Murco I I v v :Ito O used car ! I L . Inc. z Dealer u ►� � � :.mot i U.1LLI • to Restaurant N � e :3 \ Cr l j Famty Dollar Former v UST • She � oC 20th STREET Diamond Shamrock#205 2030 N. Main Street NFort Worth, Texas Proposed Monitor Well Locations 0 0' 50' 100' 200' - - ATTACHMENT 4 Texas "One Call" Confirmation CFCS, L_P To: XXX (B9981 From: ONE CALL-TESS FAX - C - 12-11-2006 4:25pm P. I of I SEQUENCE NUMBER 0044 CDC = XXX Texas Excavation Safety System * ROUTINE * MESSAGES Sent to OFfice(s ) as follows TXU-ELEC-STS ATMOS-MIDTX-STS CHARTER COMM SM&P-F LONE STAR XCHG Locate Request No. 063458494 Prepared By LINDA HEIL On 11-DEC-06 At 1358 MapRef : Grid: 324630097203A Footprint: 001 Location: County: TARRANT Town: FORT WORTH Address: 0 21ST ST Beginning Work Date 12/13/06 Time of Day: 02: 15 pm Duration: 01 DAY Fax-A-Locate Date at Excavation Type : SOIL BORINGS Nature of Work : SOIL BORINGS Blasting ? NO 48 Hr Notice ? YES White Line 7 NO Oigging Deeper Than 16 Inches ? YES Person Calling : JOHN HANLEY Company Name : CFCS LP Work by CFCS LP For DIAMOND SHAMROCK Person to Contact : JOHN HANLEY Phone No. ( 817 )625-2596 / ( ) ( Hours: 08:00 am/05:00 pm ) Fax No. ( B17 )625-2598 Email. JHANLEY@CLEAR-FORK. COM Remarks : MARK ALL UNDERGROUND FACILITIES AS NECESSARY Near Intersection: N COMMERCE ST MARK ENTIRE INTER TO INCLUDE ALL ROWS. ATTN LONE STAR FAX COPY. FAX #: 817-625-2598 JHANLEY@CLEAR-FORK.COM Map Cross Reference : MAPSCO 62,K FaxBack Requested ? YES Lone Star Xref: 063458494 to 918176252598 at 15:47: 21 on MON, 12/11/06 For XXX 40044 ATTACHMENT S Proposed Well Location And Monitor Well Completion Diagram CFCS, LP LEGEND / -500'Radius from Site ® -Site Restaurant Restaurant Vacant c \ Parking /6 Pan American Used Car Golf Association o i Auto Body Dealership / Shop / Used Car \ / Dealership Office \ Office Building Murco \Night Club Building 21 st STREET I W W It Parking K Clinic F" y � Z W Murco I Q LU I 0 i I 0 Cn F— W > v J&D O Used Car a` a Inc. Z Dealer w W 3 W N m O U F \m U F- � U) Restaurant rn \ / W Family Dollar Former / a UST Site / 20th STREET Diamond Shamrock#205 2030 N. Main Street Fort Worth, Texas N 500' Receptor Map C L_EAP, FORK 0.0' 50' 100' 200' CC3NSlJL.TE14L, SERVICES LEGEND " -500'Radius from Site ® -Site ® -Monitor Well Locations Proposed Monitor Well Locations Restaurant Restaurant m Vacant — c \ Parking v `0 `Q Pan American ao Used Car Golf Association v / Auto Body Dealership \ / Shop ®MW-11 Parking Used Car Dealership Office Access \ / Office Building Denied Murco MW-10® Building Q Night Club 21st STREET !g=SLt I LU LU w Parking K Clinic I-- © I ® Z Access Denied i j Murco I MW-9 LU I 00 1 I ` in }_- N W v J&D O Used Car a y Inc. Z Dealer LLI / 2 W w N R O v It \m � U V) Restaurant U) \ / M tL Family Dollar Former / v UST Site / 20th STREET Diamond Shamrock#205 2030 N. Main Street Fort Worth, Texas N Site Vicinity Map CLEAR FORK 0.0' 50, 100, 200' CONSULTING SERVICES LEGEND -Proposed Monitor Well Locations City Right-of-Way Boundary -Gas Line /-Water Line Sanitary Sewer Line l -Overhead Electric Lines Vernon C.Rudd , Terry Benton Murco Wall Products The Vinnage Bldg Terry Benton ly ! 201 NE 21st Street 2100 N Main Street LL Parking Lot 113 NE 21st Street W W 1 U - Grass I W O � Sidewalk U / / NE 21ST STREET ( )— ---- — - / J / ! Storm Sewer / Manhole Grass I Sidewalk Terry Benton Murco Wall Products Vernon C.Rudd 2032 N Commerce Street Parking Lot 108 NE 21st Street N Y � 3 � � y 1 Diamond Shamrock#205 2030 N. Main Street Fort Worth, Texas NInset/Proposed Monitor Well Locations CLEAR Fo R K 0.0' 15' 30' CONSULTING SERVICES Concrete Flush Mount Well Cap Well Pad Well Vault With Lock (2.5' X 2.5") Grass Ceme - Grass a ° a d o 2" dia. Sch 40 PVC Casing Bentonite 20/40 Silica Sand Screen Interval 5.0'-25.0' 2" dia. Sch 40 well screen PVC, 0.010 slot End cap T.D. = 25.0' 6.25" Boring Diameter Former Diamond Shamrock#205 City of Fort Woth NE 21st Street& Commerce Proposed Monitor Well Fort Worth, Texas Lat: 32°46' 57.61" N MONITOR WELL COMPLETION DIAGRAM Long: 97°20' 53.34"W CLEAR FoRK C0NSUL-T-1 dG SERVICES r" ATTACHMENT 6 Business Contacts and Qualifications CFCS, LP dbCLEAR FORK CONSULTING SERVICES 4200 N. MAIN STREET, SUITE 2513 FORT WORTH, TX 761 06 817-625-2596 PHONE 81 7-625-2598 FAX 1j7 . I �` t _ F Phase I Assessments Subsurface Investigations RemediatioNOperation & Maintenance Groundwater Resource Productivity Evaluation Fate & Transport Modeling Mobile Dual-Phase Extraction Technology Complete Storm Water Pollution Prevention Plans/Inspections Scott A. Williams, CAPM, P.G. Senior Project Manager As a LPST Project Manager, individual is responsible for timely response to TCEQ requests for scopes of work, review of deliverables for quality, completeness and compliance with contract requirements and ability to sign reports as a CAPM. Current Firm: Clear Fork Consulting Services 4200 N. Main, Suite 250 Ft. Worth, TX 76106 RELEVANT EXPERIENCE: 10104—Present Clear Fork Consulting Services PARTNER/SENIOR PROJECT MANAGER Partner and co-founder of Clear Fork Consulting Services. Senior Project Manager for corrective action activities at LPST sites throughout Texas and New Mexico. Management of large, multi-disciplinary projects both locally and remotely located. 12100—10104 Handex of Texas, Inc. formerly Epact Services) SENIOR PROJECT MANAGER Project Manger for corrective action activities at over 100 LPST sites throughout Texas. Manage a staff of four geologists/scientists. Successfully developed finance program which averaged 98.6% reimbursement from PST Fund. Strong ability to manage large, multi-disciplinary projects both locally and remotely located. Conduct investigations including the collection of soil, groundwater, and air samples. 8197—12100 Epact Services,Inc. SENIOR HYDROGEOLOGIST Provided oversight and coordination of operations pertaining to subsurface investigations, underground storage tank removals, remedial system implementations, regulatory compliance, and emergency response. Additional responsibilities included: subsurface investigation program development, assessments, site permitting, and remedial treatment system design, implementation, and optimization. 6194—8197 EE&G, Inc. STAFF HYDROGEOLOGIST Provided oversight and coordination of operations pertaining to subsurface investigations and underground storage tank removals. Routinely performed aquifer pilot tests, air sparging pilot tests, soil vapor extraction tests, computer aided modeling and risk assessment. EDUCATION: B.A. APPLIED GEOGRAPHY University of North Texas, 1994 MAJOR: Earth Science Currently working on M.S. degree in Water Resource Management at UNT (27 hours of coursework completed including: Environmental Modeling, Water Resources Seminar, GIS, Environmental Geology and Quantitative Methods in Geography). CERTIFICATIONS: TCEQ Corrective Action Project Manager#1191 (acquired 1997) NMED Certified Scientist#203 (acquired 1996) P.G. (Professional Geoscientist-Texas)#147 (acquired 2003) OSHA Health and Safety Training for Hazardous Waste Operations(29CFR1910.120) TECHNICAL SPECIALTY: Mr. Williams has 12 years of experience in performing aquifer pilot tests, air sparging pilot tests, soil vapor extraction tests, computer aided modeling and risk assessment. Additional responsibilities include: LPST project management (12 years experience), and remedial treatment system design, implementation, and optimization. Mr. Williams has extensive knowledge in the fields of Environmental Geology, Hydrogeology, and Geographic Information Systems with specialization in computer aided Contaminant Fate and Transport Modeling. His abilities include Aquifer Pilot Testing, Groundwater Modeling, Remedial System Design and Implementation and Risk Assessment Characterizations. RELEVANT EXPERIENCE: • Groundwater Remediation System Installation: El Paso,Dallas,Victoria,Beeville,Texarkana,TX • Aquifer Pilot Test: El Paso, TX. • Soil Vapor Extraction Pilot Test: Snyder,Rankin,El Paso,Carrollton,TX. • Remedial System Treatment Optimization: El Paso,Dallas,Victoria,Arlington,Texarkana, TX. • Soil&Groundwater Remedial System Design: Victoria,TX. John C. Hanley, CAPM Project Manager As a LPST Project Manager, individual is responsible for timely response to TCEQ requests for scopes of work, review of deliverables for quality, completeness and compliance with contract requirements and ability to sign reports as a CAPM. Current Firm: Clear Fork Consulting Services 4200 N. Main, Suite 250 Ft. Worth, TX 76106 RELEVANT EXPERIENCE: 09104—Present Clear Fork Consulting Services MANAGING PARTNER/PROJECT MANAGER Partner and co-founder of Clear Fork Consulting Services. Project Manager for corrective action activities at LPST sites throughout Texas. Management and field operations of many multi-disciplinary projects. 09101 — 09104 Handex of Texas, Inc. STAFF HYDROGEOLOGIST Conduct investigations including the collection of soil, groundwater, and air samples. Provided oversight and coordination of operations pertaining to subsurface investigations, underground storage tank removals, remedial system implementations, regulatory compliance, and emergency response. Additional responsibilities included: subsurface investigation due diligence assessments, site permitting, obtaining off-site access and remedial treatment system design and implementation. EDUCATION: B.B.A. Interdisciplinary Business Tarleton State University,2001 MAJOR: Small Business Management CERTIFICATIONS: TCEQ Corrective Action Project Manager#290 (acquired 2007) OSHA Health and Safety Training for Hazardous Waste Operations (29CFR1910.120) TECHNICAL SPECIALTY: Mr. Hanley has 5 years of experience to include the collection of soil, groundwater and air samples and remedial system implementation, operation and maintenance. Additional specialties include: LPST project management and due diligence site assessments. RELEVANT EXPERIENCE: • Groundwater Remediation System Installation:Victoria,Benbrook,Hooks,TX. • Remedial System Treatment Optimization:Benbrook,Hooks,TX. • Soil&Groundwater Remedial System Design: Benbrook,TX. iround Water Monitoring, Inc. -Home Page 1 of 1 OUR REQUIEST �"p , ► `' Environmental and Geological Drilling Services Groundwater Monitoring , Inc. is a drilling company specializing in Environmental and Geotechnical drillings located in Dallas (Grand Prairie), TX. GWM was established in October of 1992 by Roddy Qualls (B.Sc. Geology & Licensed Driller since 1986). The company focused on Environmental and Geotechnical Drilling. In a span of 4 year the company grew from one rig owner operated and to owner managed and several drill rigs. In the summer of 1997, Ivan Banat (B.Sc. Chemical Engineering & MBA) acquired the company. The Company is licensed to drill in several States. Licenses Texas, Oklahoma, Arkansas, Louisiana, New Mexico and Kansas Insurance GWM carries standard Automobile, General Liability and Workmen's Compensation coverage with A7 rated insurance carriers. Bonding Proven Bonding capabilities for Municipal (Various), Performance and Bid bonds. Capabilities Safety 40 hour basic and 8 hour annual refresher training and certification (CFR 1910.120) Annual health monitoring certifications Long term safety program guided by Worksafe Inc. Safety Training Program audited and certified under NCMS For all comments and questions,please contact us at support@gwmi.com !round Water Monitoring, Inc. -Home Page 1 of 4'%46 � - Contact Us 3322 W. Gilbert Rd. Grand Prairie, Tx. 75050 Phone: 972-986-7003 1-800-900-7510 Fax: 972-313-1390 support@gwmi.com For all comments and questions, please contact us at support@gwmi.com ]round Water Monitoring, Inc. -Hm000 Page l of Our Equipment ' 1996C&HE -75 Fully equipped for Hollow Stem Auger(H.S��)Continuous Flight Auoer (CFA). and Mud and/or Air Rotary Drilling. Sampling capabilities include 8ho|bvhubao. Sp/it Spoon 5' Split Barrel Sampler and Rock ~ Coring. The CK8E Automatic Hammer can be utilized with either a14O#/3O" or17O#/24^ drop. 1994CyNE -75 Fully equippedfor Hollow Stem Auger(H.S.Aj. Continuous Flight Auger (CFA). and Mud and/or Air Rotary Drilling, Sampling capabilities include - Shelby tubes, Split Spoons(2" &3''). 5' Split Barrel Sampler and Rock Coring. The CKAE Automatic Hammer can bm utilized with either a140#/3O" or17O#/24''drop. Equipped to perform angle drilling upto5O degrees from vertical 1996Slrmso-200 � Fully equipped Direct Push unit capable of soil sampling via Geo probe Micro Sampler and water sampling via peristaltic pump. In addition H.S.A. and/or CFA capabilities to7" iO. borings. Le 20O3ATV Rig Fully equipped for H.S.A. and CFA drilling. Sampling capabilities i c{ d Shelby tubes, Split Spoons. (2^ & 3^). |n addition equipped with Direct Push ' unit capable of soil sampling via Goo Probe Micro Sampler. This unit can access rough or muddy terrain and will fit inanBO"wide entrance and will perform inm11'vertical clearance. Possesses great maneuverability. 8 Excellent for use in restricted access areas. :!round Water Monitoring, Inc. - Home Page 1 o: 0. Drilling Capabilities Up to 200' of 4.25" ID Hollow Stem Drilling Up to 100' of 10.25" ID _ Up to 100' of 12.25" ID Continuous Flight Up to 250' of 4" ID Drilling Air Rotary Drilling Up to 300; of 5" ID Up to 100 of 12 ID Mud Rotary Drilling Up to 350; of 5" ID Up to 150 of 12 ID Rock Coring (NX) Up to 500' of Air Rotary Diamond or Carbide Up to 750' of Mud Rotary Angle Drilling Range Vertical to 30 degrees from Horizontal Low Clearance (10') capability with high torque ATV Rig ATV Rig for rough or muddy terrain Access to limited space(60"width)with high torque ATV Rig Auto SPT hammer on all Rigs Multiple string cased wells Permeability Test(Packer Test) HRC/ORC and other Injection Capabilities Our Drillers GWM's four drillers enjoy a cumulative drilling experience in excess of 46 years. All are highly experienced and versatile in various formations (Clay, shale, gray shale, Limestone, Sandstone, Chert and highly flowing sands) and drilling techniques. These drillers are customer oriented, safety conscientious, proud in their efficient performance. These attributes come across"loud and clear"at the drilling site. For all comments and questions,please contact us at support@gwmi.com