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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution authorizing the execution
of a License and Agreement with BNSF Railway
Dept: Development Services Company for an encroachment within that
certain north-south alley, located west of"J"
Date: November 9, 2009 Street, between West Rialto Avenue and West
2"d Street, for the installation and operation of a
groundwater monitoring well.
File No. 15.02C-09 MCC Date: December 7, 2009
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
Valerie C. Ross
Contact person: Laszlo "Les" Fogassy Phone: 5026
Staff Report, Map,
Supporting data attached: Res., Agreement. Ward: 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
1d- -710
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a License and Agreement with BNSF Railway Company
for an encroachment within that certain north-south alley, located west of "J" Street, between
West Rialto Avenue and West 2"d Street, for the installation and operation of a groundwater
monitoring well.
BACKGROUND:
On October 5, 2009, the department received a request from Environmental Resource
Management ("ERM") for a permanent encroachment permit on behalf of their client, BNSF
Railway Company. The proposed encroachment is to be within that certain north-south alley,
known as Walker Place, located west of"J" Street, between West Rialto Avenue and West 2"d
Street. The purpose of the encroachment is for the installation and operation of a groundwater
monitoring well.
In their letter, ERM states that the evaluation of groundwater quality in this area is being
required, and approved, by the California Regional Water Quality Control Board as a result of
BNSF's operation of a former diesel maintenance facility that was previously located northwest
of the intended drilling location (generally in the area of the Santa Fe Depot). ERM has obtained
a well permit from the San Bernardino County Department of Public Health, Environmental
Services, for the proposed construction of a monitoring well. ERM has advised staff that they
anticipate the monitoring operation will take from 2 to 5 years. They also advised staff that based
on the results of other monitoring wells in the area in the past, they do not anticipate any issues.
Upon termination of the project, ERM will remove and close the well in compliance with all
County Department of Public Health requirements and obtain all permits as required.
The monitoring facilities will be completely underground, with a 12" metal cover. The location
of the proposed monitoring well in the alley will not impede any traffic or public use of the alley
once construction is complete since the well and all appurtenance will be completely at or below
grade. The monitoring well is a static well and will not produce any audible noise.
As part of the review process, staff has requested the Water Department to review and comment
on the proposal and they have indicated that they will be working directly with the consultant to
obtain monitoring data and records.
Pursuant to San Bernardino City Municipal Code Chapter 12.03, ERM will also be required to
obtain a temporary encroachment permit from the Development Services Department to cover
the actual installation of the monitoring well.
Upon approval and execution of the License and Agreement, BNSF will pay an initial permit fee
of$625, and an annual renewal fee of$150 thereafter. As set forth in the Agreement, BNSF will
provide a certificate of self-insurance.
I
Staff Report- Continued
FINANCIAL IMPACT:
The City will receive revenue of$625 for the initial permit, and $150 per year thereafter.
RECOMMENDATION:
Adopt resolution.
Attachments:
• Vicinity Map
• Letter with supporting maps
• Resolution
• License and Agreement.
6
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See Detail "A" 10
LOCATION OF PROPOSED
MONITORING WELL
I �
2nd ST.
II N N
\ - x - I
Y 3 � /
VICINITY MAP RIALTO AVE.
DETAIL "A"
CITY OF SAN BERNARDINO Proposed License and Agreement for
DEVELOPMENT SERVICES DEPARTMENT Encroadhment within north—south alley
REAL PROPERTY SECTION (Walker Place) west of "J" Street,
between Rialto Avnnue and 2nd Street
® Indicates un—incorporated areas
within City's Sphere of Influence
Created by: �g5ZI0 rojo,5y Date: 11-o5-o�
Environmental
i
Resources
Management
2875 Michelle Drive
Suite 200
Irvine,CA 92606
05 October 2009 (949)623-4700
Via Electronic Mail (949)623-4711 (fax)
Mr. Les Fogassy
Engineer, Real Property Manager
City of San Bernardino - Development Services Department E RIVI
Public Works Division
300 North D Street,3rd Floor
San Bernardino, California 92418
Subject: Permit for Permanent Encroachment
Installation of Groundwater Monitoring Well
Walker Place (Alley) between W. Rialto Ave. and W. 2nd St.
San Bernardino, California
Dear Mr. Fogassy:
Thank you for the clarifications you provided during our telephone
conversation on 1 October 2009. ERM-West, Inc. (ERM), on behalf of
BNSF Railway Company (BNSF), is pleased to submit this letter
containing the information you requested during that conversation. The
information is intended to support the issuance of a permanent-
encroachment permit, by the City of San Bernardino, for the purpose of
installing a groundwater monitoring well in Walker Place (alley),
connecting West Rialto Avenue to the south with West 2nd Street to the
north. A map showing the approximate location for the proposed
monitoring well is attached as Figure 1.
The scope of work that is planned for this project is part of an evaluation
of groundwater quality associated with historic operations at BNSF's
former diesel maintenance facilities that were previously located
northwest of the intended drilling location. The work is required by, and
has been approved by, the California Regional Water Quality Control
Board, Santa Ana Region (RWQCB).
To assess the potential presence of groundwater quality impacts from the
former diesel shops, the RWQCB is requiring BNSF to install a
groundwater monitoring point in the alley at the approximate location
shown on Figure 1. The groundwater monitoring point will consist of
three nested monitoring wells constructed similarly to that depicted on
Figure 2, Typical Proposed Nested Well. ERM has secured a permit for
Mr.Fogassy
05 October 2009
Page 2
constructing the nested groundwater monitoring well from the County of
San Bernardino Department of Public Health, Environmental Health
Services (SBCDHS). A copy to the permit is attached as Appendix A
Based on our telephone conversation, it is my understanding that upon
receipt of this letter,your offices will develop a license agreement, as part
of the permit process,for BNSF's review and signing. On behalf of
BNSF, ERM thanks you in advance for your help by developing such
document in a timely manner so that the required presentation of the
permit request to the City council can be made during its scheduled
meeting on 16 November 2009. Please contact me at(949) 623-4700 if you
have any questions regarding the information contained herein.
Sincerely,
J.�
Stewart A. Emhof
Program Director
SAE/0100686
Attachments: Figures
Appendix A
cc: Matt Graham, BNSF
�i
Figures
G I I
West 2nd Street
Cft
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i
i f
N
Sidewalk""
J
West Rialto Avenue
O Approximate Location
Proposed Monitoring Well
0 100 Figure 1
immmmmmod
A pp rox. feet Site Location Map
Walker Place (alley)
San Bernardino, California
TRAFFIC-RATED (Flush-Mounted, 12-Inch Diameter
c$ (3ROlJ1ID STEEL VAULT Cover)
0
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s CONCRETE
0
126' CE SEAL
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0
0
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° 2'0 SCH.80 PVC
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130'
ANNULAR SEAL
14.5'' BENTONITE GROUT
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HYDRATED BENTONITE PELLETS
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_ SCREEN
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THREADED END CAP
NESTED MONITORING WELL
Figure 2
Typ1ca 1P1V,00SedNested Well
Off-Site G10W7GlwatW117veS ga&017
BNSFFaci/ily, San Be417ardI170, CM1011718
NOT TO SCALE ERM 0aw
i
Appendix A
Copy of SBCDHS
Well Construction Permit
ILL
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�p IN .1 DEPARTMENT OF PUGL1C HEALTH .— ZZ,..d
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T. CASING INSTALLED:
2. W81 DRILLER- fib- A'• O Steed PissAo O Other
&"d""Nam From-(ft) To ft. Dia. m. Well Gege
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Blurt Daft Coenpkdm bafe V 0 �z L Z
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S. INTENDED WELL USE(cheek): Fnom /"�' to ft.
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From Q Z7 11 r R
SWIMNMAP-DO NOtFRtIN 3cade;'f kxh_X,. & 14. LOCATION INFORMATION C-06 `f
(a) TOWNSHIP:
Tier r N&ange E&ection
(b) a aor's Parcel No. elrr }
PAW8Z. e,gf�01.3 /f—I -cower ends,
(c) Latitude and Longitude tx�x)
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(d) Solid or Liquid Disposal Site within TWO Mesas
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G'.. tt. PLOTPLAPt /7W - 7
Assessor's Parcel Mo.AIir/ ClsY Sr,� r) (e) In pe spectm to the wag site.sketch and habel the 7
If 1bl m-*9 tternc we9 lot pivper4r lines,olfier web Qndude
N aberdor+ed weft),sewage despood systems(hewers,
------ septictenks,leadit}fella,seepage pits,mwpoola)ti
lakes and ponds,watercourses and atdmelt or howl kept
(b) Indcate Ow distance,in f6sk of any of the IdkWno which
`�`• am Y409n 500 R of to well site:
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• r `` a Sewers 1
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/ saw tanks
Leaclhingfields
Seepage pies
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t ta` ♦a 1! / `/ i
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a �♦ t11 i r
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lfalnb Am (c) ❑ None of the above are wihn 600 feet of this
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Scala,'Nfthb 100 fleet
. 12, l have read this application and a�a to mrpply�ep la regulating the type of vwrk being performed � 1
C-57 Contractes.S nature --� 1L/� Date
County Regis"ftn No, Z34 California License No. 9 r.X53
DISPOSMON OF PERMIT
(For Department use only)
❑ 9ent to Water Agency for review.
D Water Agency conditions or recommendations attached.
0 Denied
E( Approved subject to the following* -
A.® Notify the Department Satre Drinking Water Program,(909)387-4668 twenty-four(24)hours In advance
to make an inspection of the following operations:
Vrlor to sealing of the annular specs or filling of the conductor casing,
fter installation of the surface protective slab
❑ During destruction of wells,prior to pouring the sealing material.
B_® Submit to the Departrnant,within thirty(30)days after completion of work,a copy of
® water well Drillees Report ❑ Bacterial Analysis ❑ Inorganic Chemical Analysis
Q Radiological Analysis ❑ General Mliieral ❑ Organlc Chemical analysis ❑ General Physical
Comments
550033 wet►ertNUNDD
MM:h 2004
�'`7 ?
ATTACHMENT "2"
DESCRIPTION OF ENCROACHMENT AREA
BNSF GROUNDWATER MONITORING WELL
A PORTION OF THAT CERTAIN NORTH-SOUTH, 18-FOOT ALLEY (KNOWN AS
WALKER PLACE), AS DELINEATED ON THE MAP OF CARTER'S SUB-DIVISION, AS
PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 79, RECORDS OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, LYING
BETWEEN WEST RIALTO AVENUE (SHOWN AS FIRST STREET ON THE MAP OF
SAID CARTER'S SUB-DIVISION) AND SECOND STREET, AND WESTERLY AND
ADJACENT TO LOTS 1 THROUGH 12, BLOCK 4, MORE SPECIFICALLY DESCRIBED
AS FOLLOWS:
A 3-FOOT DIAMETER, CIRCULAR PORTION OF SAID ALLEY, THE CENTER OF
WHICH IS APPROXIMATELY 210 FEET SOUTH OF THE CENTERLINE OF SECOND
STREET, HAVING A HALF-WIDTH OF 41.25 FEET, AND ADJACENT TO AND WEST OF
LOT 4 OF SAID BLOCK 4, THE SAID CENTER OF SAID CIRCULAR PORTION BEING
APPROXIMATELY 5 FEET WESTERLY FROM A POINT ON THE WEST LINE OF SAID
LOT 4, AS MEASURED AT RIGHT ANGLES, SAID POINT BEING A DISTANCE OF 25
FEET NORTHERLY THEREON FROM THE SOUTHWEST CORNER OF SAID LOT 4.
i
ATTACHMENT"Y'
DEPICTION OF ENCROACHMENT AREA
BNSF GROUNDWATER MONITORING WELL
Centerline Portion of Carter's Sub-Division, M.B. 3179
------------------ --------------------
------------------------------
West 2nd Street t
210'±
SPIN WON
I
i7 . _ m ,
LO
� 0138/311
I (D
co
14 13
N
Not to scale I
i '``Approximate location of
§
proposed monitoringwell
f (diameter of circular AP N 0138-311-12-0000 -
construction area is 3'±)
r �
7 51
l�
Modified Assessor's Map
t
i Book 0138, Page 31 Location of Proposed Monitoring Well
San Bernardino County
Walker Place
San Bernardino, California
RESOLUTION NO. C (OMDY
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
` 2 DIRECTING EXECUTION OF A LICENSE AND AGREEMENT WITH BNSF
3 RAILWAY COMPANY FOR ENCROACHMENT WITHIN THAT CERTAIN NORTH-
SOUTH ALLEY, KNOWN AS WALKER PLACE, WEST OF "J" STREET, BETWEEN
4 WEST RIALTO AVENUE AND WEST 2ND STREET IN THE CITY OF SAN
5 BERNARDINO, FOR INSTALLATION AND OPERATION OF A GROUNDWATER
MONITORING WELL.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
9 hereby approves a License and Agreement with BNSF Railway Company for an encroachment
10
within that certain north-south alley, known as Walker Place, located west of"J" Street, between
11
12 West Rialto Avenue and West 2nd Street in the City of San Bernardino.
13 SECTION 2. That the City Manager is hereby authorized and directed to execute on
14 behalf of the City said License and Agreement, a copy of which is attached hereto and
15 incorporated herein as Exhibit"A".
16
SECTION 3. The authorization to execute the above referenced license and agreement is
17
18 rescinded if the parties fail to execute it within ninety(90) days of the passage of this Resolution.
19
20
21
22
23
24
25
26
AN 27
28
AUgust 29.200; („�
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION
1 OF A LICENSE AND AGREEMENT WITH BNSF RAILWAY COMPANY FOR ENCROACHMENT
WITHIN THAT CERTAIN NORTH-SOUTH ALLEY, KNOWN AS WALKER PLACE, WEST OF "J"
2 STREET, BETWEEN WEST RIALTO AVENUE AND WEST 2"D STREET IN THE CITY OF SAN
BERNARDINO, FOR INSTALLATION AND OPERATION OF A GROUNDWATER MONITORING
WELL.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a meeting thereof
6
7 held on the day of 2009. by the following vote, to wit:
8
Council Members: AYES NAYES ABSTAIN ABSENT
9
10 ESTRADA
i 1 BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15
JOHNSON
16
17 MCCAMMACK
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of , 2009.
21
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN
26 City Atto ey
27 By:
i
28
10/06/2009 2
i
EXHIBIT "A"
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT is made and entered into this
day of 2009, by and between BNSF Railway
Company, A Delaware corporation, hereinafter referred to as "Licensee," and the CITY
OF SAN BERNARDINO,- a municipal corporation hereafter referred to as "City."
WITNESSETH:
For and in consideration of the mutual promises and covenants herein
contained, the parties hereto do hereby agree as follows:
1. City hereby gives permission, removable and terminable as hereinafter
provided, to Licensee for encroachment of a groundwater monitoring well to be located
in that certain north/south alley known as Walker Place. west of"J" Street, between West
Rialto Avenue and West Second Street in the City of San Bernardino indicated
schematically in Figure 1 of Attachment "I", attached hereto and made a part hereof, and
more specifically described in Attachment "T' and depicted on a plat as Attachment "3",
both attached hereto and made a part hereof, and in accordance with that letter dated
October 5. 2009, from Environmental Resources Management, a consultant for and on
behalf of Licensee, as set forth in said Attachment "1", and subject to any requirements
or conditions as may be imposed by the Director of Development Services of City.
?. Use of the encroachment area shall be for the right to construct. maintain,
inspect, operate, protect, repair, replace and retain in place a groundwater monitoring
well and appurtenances thereto, indicated schematically in Figure ? of said Attachment
1 of 7
EXHIBIT "A"
3. Licensee has obtained a Well Permit from the County of San Bernardino,
Department of Public Health. Environmental Health Services, a copy of which is shown
in Appendix "A" of said Attachment "1",.for the purpose of installing said groundwater
monitoring well. Licensee shall keep said permit in full force and effect during
installation of said groundwater monitoring well.
4. City reserves the right to improve, widen, vacate or relocate any highway,
street, alley or other public places, or portion thereof, over and within which this
Agreement is granted, including the widening, change of grade, construction or
reconstruction of such highway, street. alley or other public places or portion thereof, for
the purpose of any public improvements. If notice is given by City to Licensee that work
is to be done pursuant to the rights reserved herein, which notice shall specify the general
nature of the work in the area in which the same is to be performed, Licensee shall at its
expense, do all things reasonably necessary to protect, disconnect, relocate or remove its
property during the progress of such work at the required time in order to accommodate
such work. All such things to be done and work to be performed by Licensee shall be at
the sole cost and expense of the Licensee. In the event that City shall hereafter construct,
install, reconstruct or repair any bridge or artificial support in, on, over or underlying any
highway, street, alley or other public place or improvement in which the Licensee's
property is located pursuant to this Agreement, and in the event that the cost of such work
as may reasonably be required is increased in order to provide for the installation,
i
maintenance or operation of Licensee's property in. on, over or under the area covered by
i
such project, then Licensee shall pay to City the full amount of such increase of cost,
i
upon completion of such construction, installation or repair. Any damage done directly
t;
or indirectly to any public street, highway, alley or other public place or improvement by
i
2 of 7
EXHIBIT "A"
the Licensee, in exercising directly or indirectly any right, power or privilege under this
Agreement, or in performing any duty under or pursuant to the provisions of this
Agreement, shall be promptly repaired by Licensee at its sole cost and expense, to the
reasonable satisfaction of City.
5. Licensee shall. as and for the consideration for the granting of this
I
j License, pay to the City of San Bernardino, the sum of$625.00, due upon execution of
this License Agreement, and shall be subject to the payment of an annual license fee of
i
$150.00, which shall come due on the first day of January of each subsequent year.
6. Licensee hereby acknowledges the title and paramount interest of City to
i
the public right-of-way and agrees never to assail or resist said title or interest and to
observe present or future set-back requirements relating thereto while this Agreement is
in force and effect.
7. City and Licensee each reserves the right to terminate this License and
Agreement at any time for any reason by giving the other party at least thirty (30) days
written notice of such termination, except that City may, at its election, terminate said
permission forthwith at any time if Licensee shall fail to comply with any of the
provisions of this Agreement. Waiver by the City of any breach of any term or provision
herein shall not be deemed a waiver of any subsequent breach of the same or any other
term or provision of this Agreement.
8. Licensee agrees to install, use and maintain said encroachment as required
by this Agreement. Said encroachment shall be maintained at all times in a safe, neat,
sightly and good physical condition. City shall be the sole judge of the quality of
maintenance, and upon written notice by City, through its Director of Development
Services, stating in general terms how and in what manner the maintenance is required,
3 of 7
i
EXHIBIT "A"
Licensee shall be required to perform such required maintenance. If Licensee fails to do
so, then City shall have the right to perform this maintenance, the cost of which shall be
borne by Licensee, or alternatively, City may, at its election, terminate this Agreement.
Licensee further agrees to install, use and maintain said encroachment in conformity with
applicable Federal. State. and local laws. rules and regulations. Licensee shall, at its own
responsibility and expense, obtain and keep in effect all licenses. bonds and permits
necessary for the installation and existence of said encroachment.
9. Upon termination of this Agreement, Licensee agrees to immediately
remove said encroachment from the public right-of-way and to restore the public right-of-
way to the satisfaction of the Director of Development Services. Licensee shall obtain
and comply with any Federal, State and local permits required, prior to the removal and
closure of the groundwater monitoring well. If Licensee fails to exercise its duties under
this paragraph, City shall have the right to remove said encroachment and to restore the
premises at no cost or liability to the City. Licensee covenants and agrees to reimburse
City for such cost of removal and/or restoration, including permit fees.
10. City shall in no way be responsible for any loss or damage caused by said
encroachment or for any property belonging to or leased by Licensee, its officers,
servants, agents or employees, that may be stolen, destroyed or in any way damaged
during the installation, use or maintenance of said encroachment.
11. Licensee shall exercise its privileges under this license at its own risk.
Licensee shall indemnify, defend and hold harmless City, its elective and appointive
boards. commissions, officers, agents and employees from any costs, claims, damages,
injuries. and liability resulting from, arising out of, or in any way connected with, the
City's approval of this License and Agreement. or the construction, installation, use or
4of7
i
EXHIBIT "A"
maintenance of said encroachment. the occupation or use of the public areas of said
encroachment, both during and after the installation thereof. and including but not limited
to any costs, claims, damages, injuries. and liability resulting from the conduct of
Licensee or the employees, invitees, guests or agents of Licensee related to said
encroachment.
i
12. The City acknowledges that the Licensee is insured under Burlington
Northern Santa Fe Corporation's Excess Property and Liability Policies. The self-insured
retention is in keeping with its net worth and cash flows and is consistent with that of
other corporations of similar operations.and size. Adequate reserves are maintained for
claims within its retention. A letter of self insurance will be provided in lieu of a
certificate of insurance.
13. This license is personal to Licensee. It is nonassignable, except with the
prior written consent of the City, and any attempt to assign this license without such
consent will terminate the license privileges granted to Licensee under this Agreement.
The City shall not unreasonably withhold consent. A reorganization of the Licensee's
business entity form, or a transfer of less than one-half of the assets of Licensee, shall not
be deemed an assignment for the purposes of this license if the resulting or successor
entity shall as a matter of law be liable for Licensee's accrued and future obligations
under this Agreement. Licensee shall be entitled to transfer this license to a purchaser of
more than one-half of Licensee's interest provided that the purchaser shall be bound by
Licensee's accrued and future obligations under this License.
i
14. Licensee agrees that should any action, whether real or asserted, at law or
in equity, arise out of the terms of this Agreement, or by Licensee's operations on the
premises, venue forthat action shall lie in San Bernardino County, California.
of 7
EXHIBIT "A"
15. Licensee hereby certifies that it will not discriminate against any employee
or applicant for employment because of race, color. religion, sex. marital status. national
origin, disability, or any other category prohibited by law. Licensee's hiring practices and
employee policies shall comply with all applicable Federal, State and local laws. Such
action shall include, but not be limited to, the following: recruitment and recruitment
advertising, employment, upgrading and promotion.
16. The prevailing party in any legal action to enforce or interpret any
provision(s) of this Agreement shall be- entitled to recover from the losing party all
attorney's fees, court costs and necessary disbursements in connection with that action.
The costs, salary and expenses of the City Attorney and members of his office in
connection with that action, shall be considered as attorney's fees for the purposes of this
Agreement.
AOMN
///
0
6 of 7
1'
EXHIBIT A
LICENSE AND AGREEMENT for encroachment of a groundwater monitoring
well within Walker Place in the Citv of San Bernardino. CA .
17. All official notices relative to this Agreement shall be in writing and
addressed to the following representatives of Licensee and City:
Licensee Citv
BNSF Railway Company Ms. Valerie C. Ross. Director
Mr. Matt Graham, Manager Development Services Department
Environmental Remediation City of San Bernardino
740 East Carnegie Drive 300 North"D++ Street
San Bernardino, CA 92408-3571 San Bernardino, CA 92418
Ph: (909) 386-4081 Ph: (909) 384-5357
Fax: (909) 384-5155
IN WITNESS, the parties have executed this Agreement on date first written above.
CITY OF SAN BERNARDINO BNSF RAILWAY COMPANY
CHARLES E. MCNEELY, City Manager (Print name)`
Approved as to form:
JAMES F. PENMAN, City Attorney
7of7
Environmental
Resources
ATTACHMENT "1" ;Management
2875 Michelle Drive
Suite 200
Irvine,CA 92606
05 October 2009 (949)623-4700
Via Electronic Mail (949)623-4711 (fax)
Mr. Les Fogassy
Engineer, Real Property Manager --
City of San Bernardino- Development Services Department
Public Works Division ERM
300 North D Street, 3rd Floor
San Bernardino,California 92418
Subject: Permit for Permanent Encroachment
Installation of Groundwater Monitoring Well
Walker Place (Alley) between W. Rialto Ave. and W. 2nd St.
San Bernardino, California
4
i
i
Dear Mr. Fogassy:
Thank you for the clarifications you provided during our telephone
conversation on 1 October 2009. ERM-West, Inc. (ERM), on behalf of
BNSF Railway Company (BNSF), is pleased to submit this letter
containing the information you requested during that conversation. The
information is intended to support the issuance of a permanent-
encroachment permit, by the City of San Bernardino, for the purpose of
installing a groundwater monitoring well in Walker Place (alley),
connecting West Rialto Avenue to the south with West 2nd Street to the
north. A map showing the approximate location for the proposed
monitoring well is attached as Figure 1.
The scope of work that is planned for this project is part of an evaluation
of groundwater quality associated with historic operations at BNSF's
former diesel maintenance facilities that were previously located
northwest of the intended drilling location. The work is required by, and
has been approved by, the California Regional Water Quality Control
Board,Santa Ana Region (RWQCB). J
To assess the potential presence of groundwater quality impacts from the
former diesel shops, the RWQCB is requiring BNSF to install a
groundwater monitoring point in the alley at the approximate location
shown on Figure 1. The groundwater monitoring point will consist of
three nested monitoring wells constructed similarly to that depicted on
Figure 2, Typicrd Proposed Nested 6 Fell. ERA I has secured a permit for
Environmental
Resources
Nlanagement
2875 Michelle Drive
Suite 200
Irvine,CA 92606
05 October 2009 (949)623-4700
Via Electronic Mail (949)623-4711 (fax)
Mr. Les Fogassy
Engineer, Real Property Manager
City of San Bernardino- Development Services Department C n �r
Public Works Division G R 1
300 North D Street, 3rd Floor
San Bernardino, California 92418
Subject: Permit for Permanent Encroachment
Installation of Groundwater Monitoring Well
Walker Place (Alley) between W. Rialto Ave. and W. 2nd St.
San Bernardino, California
Dear Mr. Fogassy:
Thank you for the clarifications you provided during our telephone
conversation on 1 October 2009. ERM-West, Inc. (ERM), on behalf of
BNSF Railway Company (BNSF), is pleased to submit this letter
containing the information you requested during that conversation. The
information is intended to support the issuance of a permanent-
encroachment permit, by the City of San Bernardino, for the purpose of
installing a groundwater monitoring well in Walker Place (alley),
connecting West Rialto Avenue to the south with West 2nd Street to the
north. A map showing the approximate location for the proposed
monitoring well is attached as Figure 1.
The scope of work that is planned for this project is part of an evaluation
of groundwater quality associated with historic operations at BNSF's
former diesel maintenance facilities that were previously located
northwest of the intended drilling location. The work is required by, and
has been approved by, the California Regional Water Quality Control
Board, Santa \na Region (RWQCB).
To assess the potential presence of groundwater quality impacts from the
former diesel shops, the RWQCB is requiring BNSF to install a
groundwater monitoring point in the alley at the approximate location
shown on Figure 1. The groundwater monitoring point will consist of
three nested monitoring wells constructed similarly to that depicted on
Figure 2, Typical Proposed 'Vested (��ell. ER.'vt has secured a permit for
Mr.Fogassy
05 October 2009
Page 2
constructing the nested groundwater monitoring well from the County of
San Bernardino Department of Public Health, Environmental Health
Services (SBCDHS). A copy to the permit is attached as Appendix A
Based on our telephone conversation, it is my understanding that upon
receipt of this letter,your offices will develop a license agreement, as part
of the permit process, for BNSF's review and signing. On behalf of
BNSF, ERM thanks you in advance for your help by developing such
document in a timely manner so that the required presentation of the
permit request to the City council can be made during its scheduled
meeting on 16 November 2009. Please contact me at(949) 623-4700 if you
have any questions regarding the information contained herein.
Sincerely,
3
1
r
r
Stewart A. Emhof
Program Director
SAE/0100686
Attachments: Figures
Appendix A
cc: Matt Graham, BNSF
Figures
West 2"1 Street
i
N
j
N
Sidewalk '
West Rialto Avenue
O Approximate Location
Proposed Monitoring Well
10 100 Figure 1
Approx. feet Site Location Map
Walker Place (alley)
San Bernardino, California
e 8 �TED (Flush-Mounted, 12-Inch Diameter
0 GROUND&MACE Cover)
A
C
1
CCN�E
0 124r comwTVA
a
e BLANK WELL CASING
ra Sal so PV4
13c•
ANN"SEAL
14a' BENTONTE dour
BErrraurE BEaL
v HYDRATED NwrowrE pa LEI&
o -
F"L M PPACK
to - A SIUG SAND
J
C1 - SCRIM
CW SCH.so PVC
0Ar SLOT1
-O
BOREHOLE
+' or I _
aLArec WELL raBl►w
7'0 MR ID PVC
ANNULAR SAIL
BENTOWE GROUT
BeffCNrTE SEAL
HYDRATED BHfrDPaTc PHLETB
_ FILTH!PACK
SCR w PVC
0At&Lois
.r.
M BLANK WELL CAM
2'0 SM.eD PVC
ANNULAR WA
BENTO 1EGra I
BENTOWTE SEAL
_ HYDRATED BEiRDNRE PELLETS
FILTER PACK
n SILICA WV
- - SCREW
SCH.w PVC
0 or SLOT1
THReACED Loo crw
NESTED MIDWORINQ WELL
Figure 2
TAP IC-91PrnposedNested Well
Off`- Site G1VU170i*ater117M&g8&0n
BNSFFaCl,its; Sam B6177NU 170 OW&1771,9
NOT TO SCALE
L:xAC aaaLr
Appendix A
Copy of SBCDHS
Well Construction Permit
10/02/2009 14:06 5628639534 CASCADE DRILLING INC PAGE 82/07
3 7e 7-D ge=Cau ft d San SarrmWm
Do NOT Flu N DEPARTME n OF PUG=HEAM DO MOT Pu M
poll Nurrow 200107007 EMVI MMENTAL HhiAT.rM SaIii cue Tats O 4 Z2--
Recoil ID W P G O d"O 3W KAnv.lt.ad Ave.2nd river Arnaslt 1 LSZ'i "'
'a9� a '�`.'« ass it d �a
FF Recsot Number rP 7 O
A► WELL PERMIT mare bra
sM lbw� Calr Cady _ S
1. Name >$S1SI� �lilW less 6 b nsw' fr �wis
Saar ,�0cr6 ALAIi— ,�v rAAW ANNLAAR SEAL: Saar - IL
to
SlbaAdds..-.; F •F�.�� • �r75w-tiiiy ii Fund.I.sdby D Owner .
Ck a�bld Zip ❑ Driven Comductor Diu i.Wail(Gap)
sealeg MaterMryo ThIcimen in.
Mai Address 7Y0 G. 4foe4file Aq C DEPTH k' Ov p plimpcies Cllr ! �S&gftd/m zip 9zw -,� �C'z?°'° Mdo*V
Telephone Number DIAMETER OF BORE(in.x l0
T. CASING INSTALLEETx
2 WEL L ORILLER: r:: G& A hfg belLl iF Sir. ❑ Steil jr Ptaslo O Ofher
er.b.o MrfM
From(fL) I Tb(tt Die. Wall(Gage)
l it— 04 .
cawi boo — s •, z goof ar
G G Psdc 18 Yea Q No
3. INTENDED WELL USE(dieckr Froth JK R
0 Agricultural O Horizontal ❑ Tee
❑ Caftdic Mcnitoftl0bsarvaticn 0 Dairy P6FiFARAf�AhtB(Mapp1� j SCR�6tJ-ZxrpL"'Rff4L4
O Ind/Domee4ia ❑Comrnunity/PWMty O Oti — From JJrr to ft
Purnpm) �e 11/i4
4. TYPE OF WORK(elteeltr 2 0 SEALE� NES(if ap
Now Reconstruction a Destruction :S From to R
_ G /Ar 61 i
51 7#OKAfAF-DONOTFitLAF sesM lkch xrMb 10. LOCATION INFORMATION TT Cod,' /9=f
(a) TOWNSHIP:
Tiar_t N&wW __41_ E(99ection
(b) es or's Parcel No. /Tr S
-394 i NW M i (c) Latihrde and Lon etude
Let
.3r Long:
(d) Solid or Liquid Disposal Site within Two Mlles
JAW*Anj , AV ❑Yes 111 No
1, Location
hN no wor FXL X
Sri seal
Sw u V It x COP
dtack valve
oa�ai�r
4y Tall
auW(ng b 9d*N AS
���- 7
18/02/2009 14:06 5628639534 CASCADE DRILLING INC PAGE 03/07
Aewssoes Patal Ih10. /.� Cffy 51X5FT� 11. PLOT PLMt 77
`T (a) In PWap-VtM Oft Wd 3161,akekh and WbW#W
N bkoft D name we!l0t Prvy.rtar b.oltnr web(inducts
abandoned weiiaL sawape d W=W"vWM(aeeVM
------ sepk M tq Isadrrp Askle,seaMpe pft ae3epocK
lake and PWWk*WM=nn and xtknd3 a,%M kept,
(b) Irlda3e dlefMho3,IN ftet of ery cf the Jallom o wtid,
aA.ae,r+600 R at*@ viM a+tc
`. other
` Sswws C
r � sepal:sanlra
h
r r t h �N
It SeapaQe
M ji/-77 t Gs3pook
r r r r h t
w
I i
; i sir
t,►r..ene ponds
ANnui or liwt kept
i
-v9 va (c) ❑ Hone of she abut ere
�, - ---- - - well sid, v►h�thin GOO fee!otthe
se".39 kWh■100 feat, s
12. I have reed this appfka,tlon enc ^B flu tYPe of work boi;�p Porfbrmed
C•57 Cdntacices.Slpneture oar_
County ReQimdon Ho. 234 California Li- .4e Na
. DtSP03MON OF PERMIT
(For DWwftw*uie OW
D 9erlt to WMWAAetscy for ravfewc
❑ Wartsr Agency oonditlons or reeommer><latiora attached.
❑ Denied
H Approvwd subject to the foilo*n¢
A.® Notify the Dapartme t Safe Drinking Water Program (909)3,37-Ang
to rnab eft Iris twenty-four(24)hours In advance
pactlort Ot the following oPeretlons:
❑3°rlor to swung of the annular spans or filling of ft ConducW eeslnp.
`I Attar matallatlon of the suftca,pro,wcm slab
17 Du*V deimictlon of walk,prior to pouring ttte seams material
B.® Submit b ttar Daparirrunt,wits*tHrty(30)days after completion of Wa t,a copy ct;
wale►Web IXWft Report ❑ Bactedel Analysts ❑ fnorganie CheMk4 Anaiyai!
D Radologjcal Anslys(w
Comments ❑ General r►u(,eral C3 Organic Chemical analysis ❑ General P"cw
-
S50M wee PertnlUr MD
M3tC1t 2004
m �'—71
ATTACHMENT 642"
DESCRIPTION OF ENCROACHMENT AREA
BNSF GROUNDWATER MONITORING WELL
A PORTION OF THAT CERTAIN NORTH-SOUTH, 18-FOOT ALLEY (KNOWN AS
WALKER PLACE), AS DELINEATED ON THE MAP OF CARTER'S SUB-DIVISION, AS
PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 79, RECORDS OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, LYING
BETWEEN WEST RIALTO AVENUE (SHOWN AS FIRST STREET ON THE MAP OF
SAID CARTER'S SUB-DIVISION) AND SECOND STREET, AND WESTERLY AND
ADJACENT TO LOTS 1 THROUGH 12, BLOCK 4, MORE SPECIFICALLY DESCRIBED
AS FOLLOWS:
A 3-FOOT DIAMETER, CIRCULAR PORTION OF SAID ALLEY. THE CENTER OF
WHICH IS APPROXIMATELY 210 FEET SOUTH OF THE CENTERLINE OF SECOND
STREET, IlA , NG A HALF-WIDTH OF 41.25 FEET, AND ADJACENT TO AND WEST OF
LOT 4 OF SAID BLOCK 4, THE SAID CENTER OF SAID CIRCULAR PORTION BEING
APPROXIMATELY 5 FEET WESTERLY FROM A POINT ON THE WEST LINE OF SAID
LOT 4, AS MEASURED AT RIGHT ANGLES, SAID POINT BEING A DISTANCE OF 25
FEET NORTHERLY THEREON FROM THE SOUTHWEST CORNER OF SAID LOT 4.
i
i
1
ATTACHMENT "3"
OD DEPICTION OF ENCROACHMENT AREA
BNSF GROUNDWATER MONITORING WELL
I
Portion of Carter's Sub-Division, M-B. 3/79
------- -- -----------------------------
West 2 11 Street
I
I
iD
iLD
0138/311
m
14 13
I
I
N
Not to scale
I .
Approximate lor3tion of
j proposed monitoring wel!
(diameter of circular
construction area is 3'±; I APN 0138-311-12-0000
4
Modified Assessor's Map
Book Page Location of Proposed Monitoring Well
San Bernardino County
Walker Place
San Bernardino, California
LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT is made and entered into this
day of 2009, by and between BNSF Railway
Company, A Delaware corporation, hereinafter referred to as "Licensee," and the CITY
OF SAN BERNARDINO.- a municipal corporation hereafter referred to as "City."
WITNESSETH:
For and in consideration of the mutual promises and covenants herein
contained, the parties hereto do hereby agree as follows:
1. City hereby gives permission, removable and terminable as hereinafter
pm�-�dod, to Licensee for encroachment of a groundwatci monitoring well to be located
in that certain north/south alley known as Walker Plac:, west of"J" Street, between West
Ar- Rialto Avenue and West Second Street in the City of San Bernardino indicated
schematically in Figure 1 of Attachment "I", attached hereto and made a part hereof, and
more specifically described in Attachment "2"and depicted on a plat as Attachment "3
both attached hereto and made a part hereof, and in accordance with that letter dated
October 5, 2009, from Environmental Resources Management, a consultant for and on
behalf of Licensee, as set forth in said Attaclunent "I". and subject to any requirements
or conditions as may be imposed by the Director of Development Services of City.
2. Use of the encroachment area shall be for the right to construct, maintain,
inspect, operate, protect, repair, replace and retain in place a groundwater monitoring
well and appurtenances thereto, indicated schematically in Figure 2 of said Attachment
of 7
IY/MY111ld1YMfAlA4Ml _.___....._
3. Licensee has obtained a Well Permit from the County of San Bernardino.
I'
Department of Public Health. Environmental Health Services. a cope of which is shown
in Appendix "A" of said Attachment "1", for the purpose of installing said groundwater
monitoring well. Licensee shall keep said permit in frill force and effect during
installation of said groundwater monitoring well.
4. City reserves the right to improve. widen, vacate or relocate any highway,
street, alley or other public places, or portion thereof. over and within which this
Agreement is granted, including the widening, change of Lrade, construction or
reconstruction of such highway, street, alley or other public places or portion thereof, for
the purpose of any public improvements. If notice is given by City to Licensee that work
is to be done pursuant to the rights reserved herein, which notice shall specify the general
nature of the work in the area in which the same is to be performed, Licensee shall at its
expense, do all things reasonably necessary to protect, disconnect, relocate or remove its
property during the progress of such work at the required time in order to accommodate
such work. All such things to be done and work to be performed by Licensee shall be at
the sole cost and expense of the Licensee. In the event that City shall hereafter construct,
install, reconstruct or repair any bridge or artificial support in, on, over or underlying any
highway, street, alley or other public place or improvement in which the Licensee's
property is located pursuant to this Agreement, and in the event that the cost of such work
as may reasonably be required is increased in order to provide for the installation,
maintenance or operation of Licensee's property in, on, over or under the area covered by
such project, then Licensee shall pay to City the full amount of such increase of cost,
upon completion of such construction. installation or repair. Any damage done directly
N
or indirectly to any public street, highway. alley or other public place or improvement by
? ot7
the Licensee, in exercising directly or indirectly ,iny right, power or privilege under this
Agreement, or in performing any duty under or pursuant to the provisions of this
Agreement, shall be promptly repaired by Licensee at its sole cost and expense, to the
reasonable satisfaction of City.
5. Licensee shall, as and for the consideration for the granting of this
License. pay to the City of San Bernardino, the sum of$62 .00, due upon execution of
this License Agreement, and shall be subject to the payment of an annual license fee of
$150.00, which shall come due on the first day of January of each subsequent year.
6. Licensee hereby acknowledges the title and paramount interest of City to
the public right-of-way and agrees never to assail or resist said title or interest and to
observe present or future set-back requirements relating thereto while this Agreement is
in force and effect.
7. City and Licensee each reserves the right to terminate this License and
Agreement at any time for any reason by giving the other party at least thirty (30) days
written notice of such termination, except that City may, at its election, terminate said
permission forthwith at any time if Licensee shall fail to comply with any of the
provisions of this Agreement. Waiver by the City of any breach of any term or provision
herein shall not be deemed a waiver of any subsequent breach of the same or any other
term or provision of this Agreement.
8. Licensee agrees to install, use and maintain said encroachment as required
by this Agreement. Said encroachment shall be maintained at all times in a safe. neat.
sightly and good physical condition. City shall K: the sole judge of the quality of
maintenance, and upon written notice by City, through its Director of Development
Services, stating in general terms how and in what manner the maintenance is required,
3 of 7
I
Licensee shall be required to perform such required maintenance. If Licensee fails to do
so, then City shall have the right to perform this maintenance, the cost of which shall be
borne by Licensee, or alternatively, City may. at its election, terminate this Agreement.
Licensee further agrees to install, use and maintain said encroachment in conformity with
applicable Federal. State, and local laws, rules and regulations. Licensee shall. at its own
responsibility and expense, obtain and keep in effect all licenses, bonds and permits
necessary for the installation and existence of said encroachment.
9. Upon termination of this Agreement. Licensee agrees to immediately
remove said encroachment from the public right-of-way and to restore the public right-of-
way to the satisfaction of the Director of Development Services. Licensee shall obtain
and comply with any Federal. State and local permits required, prior to the removal and
closure of the groundwater monitoring well. If Licensee fails to exercise its duties under
l this paragraph, City shall have the right to remove said encroaclunent and to restore the
premises at no cost or liability to the City. Licensee covenants and agrees to reimburse
City for such cost of removal and/or restoration, including permit fees.
10. City shall in no way be responsible for any loss or damage caused by said
encroachment or for any property belonging to or leased by Licensee, its officers.
servants, agents or employees, that may be stolen, destroyed or in any way damaged
during the installation. use or maintenance of said encroachment.
11. Licensee shall exercise its privileges under this license at its own risk.
Licensee shall indemnify, defend and hold harmless City. its elective and appointive
boards, commissions, officers. agents and employees from any costs, claims, damages,
injuries. and liability resulting from. arising out of, or in any way connected with, the
City's approval of this License and Agreement, or the construction, installation, use or
4 of 7
maintenance of said encroachment, the occupation or use of the public areas of said
encroachment. both during and after the installation thereof; and including but not limited
to anv costs, claims, damages, injuries, and liability resulting from the conduct of
Licensee or the employees, invitees, guests or agents of Licensee related to said
encroachment.
12. The City acknowledges that the Licensee is insured under Burlington
Northern Santa Fe Corporation's Excess Property and Liability Policies. The self-insured
retention is in keeping with its net worth and cash flows and is consistent with that of
other corporations of similar operations and size. Adequate reserves are maintained for
claims within its retention. A letter of self insurance will be provided in lieu of a
certificate of insurance.
13. This license is personal to Licensee. It is nonassignable, except with the
prior written consent of the City, and any attempt to assign this license without such
consent will terminate the license privileges granted to Licensee under this Agreement.
The City shall not unreasonably withhold consent. A reorganization of the Licensee's
business entity form, or a transfer of less than one-half of the assets of Licensee, shall not
be deemed an assignment for the purposes of this license if the resulting or successor
entity shall as a matter of law be liable for Licensee's accrued and future obligations
under this Agreement. Licensee shall be entitled to transfer this license to a purchaser of
more than one-half of Licensee's interest provided that the purchaser shall be bound by
Licensee's accrued and future obligations under this License.
14. Licensee agrees that should any action. whether real or asserted. at law or
in equity, arise out of the terms of this Agreement. or by Licensee's operations on the
L premises, venue for that action shall lie in San Bernardino Countv. California.
of 7
15. Licensee hereby certifies that it will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, marital status, national
origin, disability, or any other category prohibited by law. Licensee's hiring practices and
employee policies shall comply with all applicable Federal, State and local laws. Such
action shall include, but not be limited to, the following: recruitment and recruitment
advertising, employment, upgrading and promotion.
16. The prevailing party in any legal action to enforce or interpret any
provision(s) of this Agreement shall be entitled to recover from the losing party all
attorney's fees, court costs and necessary disbursements in connection with that action.
The costs, salary and expenses of the City Attorney and members of his office in
connection with that action, shall be considered as attorney's fees for the purposes of this
Agreement.
///
6of7
LICENSE AND AGREEMENT for encroaclunent of a Groundwater monitoring
well within Walker Place in the City of San Bernardino. CA .
17. All official notices relative to this Agreement shall be in writing and
addressed to the following representatives of Licensee and City:
Licensee Cite
BNSF Railway Company Ms. Valerie C. Ross, Director
Mr. Matt Graham, Manager Development Services Department
Environmental Remediation City of San Bernardino
740 East Carnegie Drive 300 North "D" Street
San Bernardino, CA 92408-3571 San Bernardino, CA 92418
Ph: (909) 386-4081 Ph: (909) 384-5357
Fax: (909) 384-5155
IN WITNESS, the parties have executed this Agreement on date first written above.
CITY OF SAN BERNARDINO BNSF RAILWAY COMPANY
CHARLES E. MCNEELY, City Manager (Print name):
Approved a to form:
JAM PENMAN, City Attorney
7of7
Environmental
Resources
ATTACHMENT"1" :Management
2875 Michelle Drive
Suite 200
Irvine,CA 92606
05 October 2009 (949)6234700
Via Electronic Mail (949) 6234711 (fax)
Mr. Les Fogassy
Engineer, Real Property Manager
City of San Bernardino - Development Services Department
Public Works Division ERM
300 North D Street, 3rd Floor
San Bernardino, California 92418
Subject: Permit for Permanent Encroachment
Installation of Groundwater Monitoring Well
Walker Place (Alley) between W. Rialto Ave. and W. 2nd St.
Sant Bernardino,California
Dear Mr. Fogassy:
Thank you for the clarifications you provided during our telephone
conversation on 1 October 2009. ERM-West, Inc. (ERM), on behalf of
BNSF Railway Company (BNSF), is pleased to submit this letter
containing the information you requested during that conversation. The
information is intended to support the issuance of a permanent-
encroachment permit, by the City of San Bernardino, for the purpose of
installing a groundwater monitoring well in Walker Place (alley),
connecting West Rialto Avenue to the south with West 2nd Street to the
north. A map showing the approximate location for the proposed
monitoring well is attached as Figure 1.
The scope of work that is planned for this project is part of an evaluation
of groundwater quality associated with historic operations at BNSF's
former diesel maintenance facilities that were previously located
northwest of the intended drilling location. The work is required by, and
has been approved by, the California Regional Water Quality Control
Board, Santa Ana Region (RWQCB).
To assess the potential presence of groundwater quality impacts from the
former diesel shops, the RWQCB is requiring BNSF to install a
groundwater monitoring point in the alley at the approximate location
shown on Figure 1. The groundwater monitoring point will consist of
three nested monitoring wells constructed similarly to that depicted on
Figure 2, Typical Proposed Nested GVell. ERNI has secured a permit for
Environmental
Resources
Management
2875 Michelle Drive
Suite 200
Irvine,CA 92606
05 October 2009 (949)623-4700
Via Electronic Mail (949)6234711 (fax)
Mr. Les Fogassy
Engineer, Real Property Manager � ;-
City of San Bernardino- Development Services Department
Public Works Division ERM
300 North D Street,3rd Floor
San Bernardino, California 92418
Subject: Permit for Permanent Encroachment
Installation of Groundwater Monitoring Well
Walker Place (Alley) between W. Rialto Ave. and W. 2nd St.
San Bernardino, Califc_^.zia
Dear Mr. Fogassy:
Thank you for the clarifications you provided during our telephone
conversation on 1 October 2009. ERM-West, Inc. (ERM), on behalf of
BNSF Railway Company (BNSF), is pleased to submit this letter
containing the information you requested during that conversation. The
information is intended to support the issuance of a permanent-
encroachment permit, by the City of San Bernardino, for the purpose of
installing a groundwater monitoring well in Walker Place (alley),
connecting West Rialto Avenue to the south with West 2nd Street to the
north. A map showing the approximate location for the proposed
monitoring well is attached as Figure 1.
The scope of work that is planned for this project is part of an evaluation
of groundwater quality associated with historic operations at BNSF's
former diesel maintenance facilities that were previously located
northwest of the intended drilling location. The work is required by, and
has been approved by, the California Regional Water Quality Control
Board, Santa .kna Region (RWQCB).
To assess the potential presence of groundwater quality impacts from the
former diesel shops, the RWQCB is requiring BNSF to install a
groundwater monitoring point in the alley at the approximate location
shown on Figure 1. The groundwater monitoring point will consist of
three nested monitoring wells constructed similarly to that depicted on
figure ? T PIcal Proposed ,%ested G%M. ERM has secured a permit for
Mr.Fogassy
05 October 2009
Page 2
constructing the nested groundwater monitoring well from the County of
San Bernardino Department of Public Health, Environmental Health
Services (SBCDHS). A copy to the permit is attached as Appendix A
Based on our telephone conversation, it is my understanding that upon
receipt of this letter,your offices will develop a license agreement, as part
of the permit process,for BNSF's review and signing. On behalf of
BNSF, ERM thanks you in advance for your help by developing such
document in a timely manner so that the required presentation of the
permit request to the City council can be made during its scheduled
meeting on 16 November 2009. Please contact me at(949) 623-4700 if you
have any questions regarding the information contained herein.
Sincerely,
Stewart A. Emhof
Program Director
SAE/0100686
Attachments: Figures
Appendix A
cc: Matt Graham, BNSF
r
1
i
z
s
Figures
f
r
3
i
i
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a
i
1
{
,
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i
.___. __..... .._.._.. .,.._e_.--. ------rrWwYinr rMrow�-rotiwrr.®..waa�ru►"'�rw.�r�r"Yn "' "-. -..-_. -. ___.
West 2nd Street
i
I
---- cD
1
N I
Sidewalk
West Rialto Avenue
0 Approximate Location -
Proposed Monitoring Well
,0 100 Figure 1
Approx. feet Site Location Map
Walker Place (alley)
San Bernardino, California
TRAFFIC-RATED (Flush-Mounted, 112-Inch Diameter
PS GROW 9lJAFAt 8TEEIVALLT Cover)
m
2' . :;r v_ a C 101
r;
(ENE
0
12Nr co�rr aeAl
_o
a
125'
e BV MK WELL CASM
ze aCN.ao PC
i J0'
ANN"UAL
14 1 a' BENTC WTE GROUT
BENTONRE SEAL
HYDRATED BEN OWTE PELLET{
ex -
W FlLTEtPACK
I I A aUCA SAND
cD
O - SC H.A PVC
_ OW OLD"
W 200' -
8 - -
O 8ORE6IE
L=
BLANK WELL CASNO
2'0 SC71.ND PVC
A.-a AR SEAL
BENTDIfTE GFKW
BENTONTTE SEAL
HYDRATED BENTC WTE PELLETS
FILTER PACT(
A SUC A BARD
_ SCREEN
9CH.a0 PVC
OAS SLM
«i BLANK WHL CAM
' M sm.aD PVC
ANNUM SM
aENTONITE SEAL
HYORIITIA I£IfTONITE PELLETS
FXTER PACK
Of 94LICA SAND
_ -
SCREEN
SCH.w PC
O.OT SLOU
THREADED 13M0 CAP
NESTED MOWORING WELL
Figure 2
ryvica/Prnpased NaSted Well
OIf,SIA9 LGMt1n0W8ter 117veSbga&017
BNSFFaci/it), San Bema1ino, CNM0177ia
NOT TO SCALE
cRM 0"9M
Appendix A
Copy of SBCDHS
Well Construction Permit
10/82/2809 14:06 5628639534 CASCADE DRILLING INC PAGE 02/07
DO NOT"U AV _
of Sm SwrwWm DO MOT PU/�
�Nurnbw �O0�0'DG/7 cr:rrvi MT L RMTH SERVIC1311 eta, O 4 Z2_—
a ao,d ID 3U K Anwhead Ave.2nd Flo.. �.
Amount s
3w ernwdlna•CAlshsat0 •t-S�i
E�I�se>ot D 3— 2 rfl (9011)p+• ch ok s
FP Number O
R% WELL PERMIT Pate by_afey, —
SN ('lies"P" Car colt— 5
Iviel—77
1. OWNft Nern._ > s�' — Cot„IymxlY am �+•� fhr ,Waft 5, ANM1LNt SFJ1L Seat
SRe Address-lA S1..Zw • Fumished br. O Owns►
CRY 5AV zip 9�?!/l 0 ❑ Driven Comductor D& K.well(Gave)
9 Seelkv Matww_80! Thl m*n in.
MaWg Address a. DEPTH Z D L
CIV RgamseblAT3 zip 5646%;
Telephone Number(fol) ?W —Vd& DIAMETER OF BORE(Kr JD
t. CASING INSTALLED:
2 WH L DRILLER: f.,�L.4 t //�it •✓. o steel Plaslo ❑ 0&w
From fL To Dina. Wdl(Gage)
/M!—/+V— —11—O rF I to
aa,r Oar C-* Y ap 7 z %4f ar
('
GMZPOCIL ji?Y" O No
3. INTENDED WELL USE(clutek): From Z.v, to f
❑Agricultural ❑Horizontal ❑ Test
❑ Cathodic MonitorktglObservation Q Dairy a PfgF9
(Mapp1 S
Cze�-zxl?z Pjj4L4
to �C3 Ind/Domestie 13 Commmity/Pw9C O Otte From� R
Pump m)
.11/
4. TYPE OF WORK(dwc*Y 9 SEALE9 NES(If e
V New E3 Reconsbuctiart ❑Dswucdon From _ .fm
fL
5EClVXAlAP-D0NOTF;ELAI x rmb 10. LOCATION INFORMATION
(a) TOWNSHIP:
Tiwr_L N&errga _ EfpSecWn
(b) a sor's Parcel Ho. e�Tr 5;M*7
ir't-re vlag !!—
NW X91 NE `a (c) Latitude and Longitude do
Let •. ���, %7
3r Long: M7 Ar._•, ZZ V
(d) Sotld or Liquid Disposal Sft witMn Two Mori
drew 4A "A ❑Yes )N No
bp Location
M DO NOT FXL IN
sw u d It x Cap
Chad valve
P3ec4ivIs
Sim
guWng b Sdety N 6
10/02/2009 14:06 5628639534 CASCADE DRILLING !NC PAGE 03/87
A,naassor's Pamal No. //.L/ l/!y �/XfFT� 11. PLOT PINt �(� ' 77
(a) In POWO tha 10 tits wW sits,skdai ward MW to
Itc
b
N ftmk ft wd lot pragarV tries,ostler h(Inducts
&Wnd-W wrist,sm,"s a W=w sy"ms(u.IM
------------------ Sao&MM%&l weft Awe*S"pa"pk 0!95P=K
lakas aid ponds,Iwtar+miass and ankaah or faM kWL
(b) G+Qc>rta Via dfstarlos,in tat of WT of I*kkWfV MftMdl
,- N �_�-- `♦� am ad* 500 IL alto wd sftc
%---- •♦ Othm
r /, ; �. ♦, \\ ; i Learning Raids
/
1
r
mw-77 1
c.:.pook
Wd , ; ► �
t t 1 1 L"one ponds
i 1 1\ ♦ v / i I Anknd or fov�t laps
\ \ ♦ I I
=
'o, I.
V .ifalrttD /F'm— (c) ❑ None of ft above are Watin 6W red of to
-- well da,
seater 3s rirJr■1 Qtr tbst s
12. 1 have read this appAcation and to ply a la regtieting tha typo of WWk blimp pertbrmed
G87 Contractoh Signer m s � Data R11L. 10-i
1
Courtly Repisdaoort No. 23 4 Califomis License Nm g 7,
DMP03MON OF PERMIT
(Far papwftent Un OnW
D 8*int to Water,4geticy for ravl@w
D Wl .Wtdr Agency oondidons or recommendstkWa aetar3ied.
❑ DevAed
E� Approved subject to to foVowng•
4Ea No*ttte DepeftmeK Safe Drinkfnp Water Program (909)387-466 twenty-four(24)hours in advance
to maim an inspvctim of the folbwing opvstfonr
V❑0 -oft b$"O g of the annular spans or fillMg of om conductor easlnp.
G7 Aftar instal1lation of ft surface protscitva slab
❑ Durtnp deabtrctbn of walk,prior to pourkg the se&ft matarisi.
9.0 Subrnk loo ilia Deparbrwrl,within tHtty(30)days after o mpivrfion of warn,a copy of
r� Wster WON DrCWV Rapod ❑8actdfal Anetysit D fnorgartie Chemkat Artatyse
E] Radblogicaf Anafyefa ❑ General&QhenW ❑ Organic Chemical analysis ❑ Garierai P
Cammemk - hysicw
780 U wed ROMAINDO
M IM 21104
m �'71
ATTACHMENT "2"
DESCRIPTION OF ENCROACHMENT AREA
BNSF GROUNDWATER MONITORING WELL
A PORTION OF THAT CERTAIN NORTH-SOUTH, 18-FOOT ALLEY (KNOWN AS
WALKER PLACE), AS DELINEATED ON THE MAP OF CARTER'S SUB-DIVISION, AS
PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 79, RECORDS OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, LYING
BETWEEN WEST RIALTO AVENUE (SHOWN AS FIRST STREET ON THE MAP OF
SAID CARTER'S SUB-DIVISION) AND SECOND STREET, AND WESTERLY AND
ADJACENT TO LOTS 1 THROUGH 12, BLOCK 4, MORE SPECIFICALLY DESCRIBED
AS FOLLOWS:
A 3-FOOT DIAMETER, CIRCULAR PORTION OF SAID ALLEY, THE CENTER OF
WHICH IS APPROXIMATELY 210 FEET SOUTH OF THE CENTERLINE OF SECOND
STREET, Hu;"V'I*tiG A HALF-WIDTH OF 41.25 FEET, AND ADJACENT TO AND WEST OF
LOT 4 OF SAID BLOCK 4, THE SAID CENTER OF SAID CIRCULAR PORTION BEING
APPROXIMATELY 5 FEET WESTERLY FROM A POINT ON THE WEST LINE OF SAID
LOT 4, AS MEASURED AT RIGHT ANGLES, SAID POINT BEING A DISTANCE OF 25
"" FEET NORTHERLY THEREON FROM THE SOUTHWEST CORNER OF SAID LOT 4.
ATTACHMENT "Y'
DEPICTION OF ENCROACHMENT AREA
BNSF GROUNDWATER MONITORING WELL
e'nte�ine— Portion of Carters Sub-Division, M.B. 3/79
----- =- - ----------------- ----------------
West 2 11 Street -_i--------------
i
m
0138/311
CD
14 13
i
N
i
Not to scale 1 3
1 Approximate location of
proposed monitoring well
(diameter of circular
construction area is\3'+
AP N 0138-311-12-0000
Modified Assessor's Map
Book Page Location of Proposed Monitoring Well
San Bernardino county
Walker Place
San Bernardino, California
.�*. CITY OF SAN BERNARDINO - REQUEST FOR COUNC A N
From: Valerie C. Ross, Director Subject: Resolution authorizing the execution
of a License and Agreement with BNSF Railway
Dept: Development Services Company for an encroachment within that
certain north-south alley, located west of"J"
Date: November 9, 2009 Street, between West Rialto Avenue and West
2"d Street, for the installation and operation of a
groundwater monitoring well.
File No. 15.02C-09 MCC Date: December 7, 2009
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
r
Valerie C. Ross
Contact person: Laszlo "Les" Fogassy Phone: 5026
Staff Report, Map,
Supporting data attached: Res., Agreement. Ward: 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
�a
-710
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
!I Staff Report
SUBJECT:
Resolution authorizing the execution of a License and Agreement with BNSF Railway Company
for an encroachment within that certain north-south alley, located west of `'J" Street, between
West Rialto Avenue and West 2nd Street, for the installation and operation of a groundwater
monitoring well.
BACKGROUND:
On October 5, 2009, the department received a request from Environmental Resource
Management ("ERM") for a permanent encroaclunent permit on behalf of their client, BNSF
Railway Company. The proposed encroachment is to be within that certain north-south alley,
known as Walker Place, located west of"J" Street, between West Rialto Avenue and West 2nd
Street. The purpose of the encroachment is for the installation and operation of a groundwater
monitoring well.
In their letter, ERM states that the evaluation of groundwater quality in this area is being
required, and approved, by the California Regional Water Quality Control Board as a result of
BNSF's operation of a former diesel maintenance facility that was previously located northwest
of the intended drilling location (generally in the area of the Santa Fe Depot). ERM has obtained
a well permit from the San Bernardino County Department of Public Health, Environmental
Services, for the proposed construction of a monitoring well. ERM has advised staff that they
anticipate the monitoring operation will take from 2 to 5 years. They also advised staff that based
on the results of other monitoring wells in the area in the past, they do not anticipate any issues.
Upon termination of the project, ERM will remove and close the well in compliance with all
County Department of Public Health requirements and obtain all permits as required.
The monitoring facilities will be completely underground, with a 12" metal cover. The location
of the proposed monitoring well in the alley will not impede any traffic or public use of the alley
once construction is complete since the well and all appurtenance will be completely at or below
grade. The monitoring well is a static well and will not produce any audible noise.
As part of the review process, staff has requested the Water Department to review and comment
on the proposal and they have indicated that the)' will be working directly with the consultant to
obtain monitoring data and records.
Pursuant to San Bernardino City Municipal Code Chapter 12.03, ERM will also be required to
obtain a temporary encroachment permit from the Development Services Department to cover
the actual installation of the monitoring well.
Upon approval and execution of the License and Agreement, BNSF will pay an initial permit fee
of$625, and an annual renewal fee of$150 thereafter. As set forth in the Agreement, BNSF will
provide a certificate of self-insurance.
I
Staff Report- Continued
FINANCIAL IMPACT:
The City will receive revenue of$625 for the initial permit, and $150 per year thereafter.
RECOMMENDATION:
Adopt resolution.
Attachments:
• Vicinity Map
• Letter with supporting maps
• Resolution
• License and Agreement.
0
otio
Aye
FP eeiin°°i
c iry q�e9�e
°g�On
q e CAL-STATE
UNIVERSITY 18
15 NnMV.MINd No Scale
40th St. 330
Q
v
o
Marshall Blvd.
0
210 0
3
Highland Ave. 259 Q
_ v .
N O E
� N
Base Line St. w �, 3
9th St Q
5th St.
• St-
Rialto
Ave. ; --
Mill St. 15 0)0
0
U 210
U
a T Orange Show Rd.
See Detail "A"
o
LOCATION OF PROPOSED
/ MONITORING WELL
/ 1
1 1
2nd ST.
I U)
Y
1
VICINITY MAP RIALTO AVE.
DETAIL 'A'
CITY OF SAN BERNARDINO Proposed License and Agreement for
DEVELOPMENT SERVICES DEPARTMENT Encroadhment within north—south alley
REAL PROPERTY SECTION (Walker Place) west of "J" Street,
between Rialto Avnnue and 2nd Street
® indicates un—incorporated areas
within City's Sphere of Influence
Created by: Lg5ZI0 FO,105, Date: »-o5>-09
i
E Environmental
Resources
Management
2875 Michelle Drive
Suite 200
Irvine,CA 92606
05 October 2009 (949)623-4700
Via Electronic Mail
(949)6234711 (fax)
Mr. Les Fogassy
Engineer, Real Property Manager
City of San Bernardino - Development Services Department ERM
Public Works Division
300 North D Street,3rd Floor
San Bernardino, California 92418
Subject: Permit for Permanent Encroachment
Installation of Groundwater Monitoring Well
Walker Place (Alley) between W. Rialto Ave. and W. 2nd St.
San Bernardino, California
Dear Mr. Fogassy:
Thank you for the clarifications you provided during our telephone
conversation on 1 October 2009. ERM-West, Inc. (ERM), on behalf of
BNSF Railway Company (BNSF), is pleased to submit this letter
containing the information you requested during that conversation. The
information is intended to support the issuance of a permanent-
encroachment permit, by the City of San Bernardino, for the purpose of
installing a groundwater monitoring well in Walker Place (alley),
connecting West Rialto Avenue to the south with West 2nd Street to the
north. A map showing the approximate location for the proposed
monitoring well is attached as Figure 1.
The scope of work that is planned for this project is part of an evaluation
of groundwater quality associated with historic operations at BNSF's
former diesel maintenance facilities that were previously located
northwest of the intended drilling location. The work is required by, and
has been approved by, the California Regional Water Quality Control
Board, Santa Ana Region (RWQCB).
To assess the potential presence of groundwater quality impacts from the
former diesel shops, the RWQCB is requiring BNSF to install a
groundwater monitoring point in the alley at the approximate location
'...m: shown on Figure 1. The groundwater monitoring point will consist of
three nested monitoring wells constructed similarly to that depicted on
Figure 2, Typical Proposed Nested LUell. ERM has secured a permit for
Mr.Fogassy
05 October 2009
Page 2
constructing the nested groundwater monitoring well from the County of
San Bernardino Department of Public Health, Environmental Health
Services (SBCDHS). A copy to the permit is attached as Appendix A
Based on our telephone conversation, it is my understanding that upon
receipt of this letter, your offices will develop a license agreement, as part
of the permit process, for BNSF's review and signing. On behalf of
BNSF, ERM thanks you in advance for your help by developing such
document in a timely manner so that the required presentation of the
permit request to the City council can be made during its scheduled
meeting on 16 November 2009. Please contact me at(949) 623-4700 if you
have any questions regarding the information contained herein.
Sincerely,
Stewart A. Emhof
Program Director
SAE/0100686
Attachments: Figures
Appendix A
cc: Matt Graham, BNSF
Figures
ID
L�
West 2"d Street
i
I
C-
at
--�
c�
N
i
Sidewalks I
West Rialto Avenue
0 Approximate Location -
Proposed Monitoring Well
to 100 Figure 1
Approx. feet Site Location Map
Walker Place (alley)
San Bernardino, California
C
i
,g TRAFFE-RATED (Flush-Mounted, 12-Inch Diameter
o GROUND SURFACE 8TEE7 VAULT Cover)
of •.= +,,;
A
COIICHETE
0
126• CEMENT SEAL
a
12E' BLANK WELL CASING
U 2'0 SCH.ND PVC
130'
ANNULAR SEAL
145' BENTO I TE GROUT
BENTOINTESE&
v
HYDRATED ATE PELLETS
O _ _
to 1��
FILTER PAC(
ca - b SILICA SAND
o O - SCREEN
W BCH.W PVC
0
00 1� OW SLOTS
tO _
-
I Q BOREHOLE
BLANK WELL CASINO
2'0 SCE.e0 PVC
ANNULAR SEAL
BENTONITE GROUT
BENTONTTE SEAL
HYDRATED BE NTONNTE PELLETS
FILTER PACK
03 SILICA SAND
SCREEN
sm.00 PVC
OA2'SLOTS
BLANK WELL CASING
2'm SCH.SD PVC
ANNULAR SEAL
BENTOWTE GROUT
SENTOWTE SEAL
- HYDRATED 60MI TE PELLETS
FILTER PAC(
- NS SILICA SAND
SCREEN
_ - - SCR.9D PVC
O.OT SLOTS
THREADED END CAP
NESTED MONITORING WELL
Figure 2
Typica/PrnoasedNeSted Well
Off-% r G1VZ1fl0 vatW117VWbga&on
NOT TO SCALE BNSFFaciR, San Bernardino, Caidonmia
ERM Cam
Appendix A
Copy of SBCDHS
Well Construction Permit
10/02/2809 14:86 5628639534 CASCADE DRILLING INC PAGE 02/07
3 7e"
DO NOT FXX M county of Sm Bernardino DO NOT AU IN
DEPAt MEW OF DUGLIC HEALTH
Pal Nwnber 2_OgHL2aG/7 EIAIIRONNEMTAL HEALTH sEIMCbt Date G
ID tyP G o S•O 395 ILLAnowheadAre..2ndFloor 4
sa■iElmi rdlno,cA1snW$0
E�cr.uon 3— Z S�--Ia (m)1164."m Chad# // ?xd
FF Roo0A Nwnber O
FA WELL PERMIT Paid bra=
SN 01w"P" CRY Code.7S
lViel-77
,. OVVNft Name asp' Corr�PiXr�' 6 ,.a-PSI Waft
S'an (', — 5. ANNULAR SEAL: Seal DWK4 / - R
Site Address!.21tD ,S •FL�..Z • '�Y75'N•f!lJR r,ndaload W. 0 own.. •, CP
city ! R/�/}IPIY.�i1? zip 9 y/ 0 ❑ Driven Comducter Da. Well(Gage)
Seeling MaterlaiA��Thidmew in.
MawgAd*m. 7{(D 0 __ /e 6& S. DEPTH y
kr �p E
Cy zo �7 � � L
EXJS&V
Teiephone Number(?of) DIAMETER OF BORE(in.x /D
7. CASING INSTALLED-
2 WELL DRILLER: gf&-'Ab& belLizAlk .✓. CI Steal P"a ❑ odd
&Q�rmw mom
1®`/f_o _ From R) To D7 Wail Oe
D 3
arr a» ca�+ram +. o i 7 Z
G Gravel Psck ja Yes Q No
3 INTENDED WELL USE(diecky From "'.V- to iL
13 Agricultural ❑Horizontal 0 Test
❑ Cathodic MonitorktglObsarva#ion 0 Dairy 8 PGRF8Fb*T4G tS(N app/g&): awake x)-27U9JG7P.U�4f s
* Ind/Domeatfa 0 Comm mity/PWSlCIty� ❑ oft g From to 55/�� _tL
L Pump (gPm} Za�J
4. TYPE OF WORK(che&
New 13 Reconstruction 9 SEALEg NES(lf ap Reconstruction O Destruction to R
SECTIQNAIAP-DONOTF1LLAM
Scala-1 k+v►_X 14. LOCATION INFORMATION M GO
(8) TOWNSHIP:
Tier_ N&vnge _' E46etion
(b) �s s oev Parc No. ��Tr�i��
NW NE (c) Latitude a�nd�Longitude ,
Lt:sr Long: '. -- —'• zZ '"
(d) Solid or LkWW Disposal Site vrithin Two AA�s
dA►Ae , /p/. 0 Yes ,® No
Location
nH W NOT Fil IN
i � sea
u M��
It x cep
ILI d+adc valve
Slab
summa 8 Safely Ne,Ma0
77
18/02/2009 14:06 5628639534 CASCADE DRILLING INC PAGE 03/07
.�//_ _�/•r/ C1TJ� �, 11. PLOT PWt
Assessor's Penal[M0. (a) In psrVw tvG 10 the Ws1$Ro.sketch and rebel to
r Am"1*1 wd lot plvgerty Anse,olrw waft Qndude
N abandoned%aftL sewape deposal syslams(aarars,
_ _ ---------- - sop&ftni m leaching ifdds,seepage p4s,cewpoola)v
lakes and ponds.walaneo nas and ar*nah or f*M kept
(b) indicate the dfatsncs,h link d or It+t io6alwlrtp elver
are%ftn soo>i of the well sne:
N.
Othw
IL
0 2oeSol�3Z-` `.
Sawsts
' _��
If If BOW W"
Leeching 5eWs
t r ► f �" �� t t i { Seep6Bs Prts
t t lY►W-7 ,
1
It ceswools
1 I 1 I
I 1
i I 1 1 I
1Wt � 1 I
I r I , f f i E L■k"am ponds
1 1 t t • , , , , , ►n�sr+courses
MMW or fowl kept
f
%`
f
- .R/f CT1D /➢V� ��) D Note or the above are wMjn 600 feet of the
- well site.
st�ra-�r,dl■fay ttaf
12, 1 have read this appacetlan ro py a to 2MYJNfflng the type of work being performed
C-57 Contractes ftneture Date_ ` (o 101
County Regbvalbn No. 23 y California License No.
DISPOSMON OF PERMIT
(For Depw tw#use Only)
D Sent to WaterAgen y for ravlaw.
D water Agency oondttlons or reoommendationss adad+ed.
❑ Dented
Approved subject to the foifowirV
A.® No*the Department, Safe Drinbdng Water Program (909)387.4688 twenty-four(24)hours In advance
W make an inspection of the following opamilordr
❑ 9ft to seeffng of the annular spew or filling of ft conductor cashtq,
Alter in tNation of the Surface prolslctive slab
❑ During deMcdlon of wells,prior to pourk9 the sealing materlal.
8_0 Subrnit to the Deparhymnt,within thirty(30)days after completion of worts,a copy of
® Water Well Drabs Report ❑ Bact dsl Anatysde ❑ inorganic Chemical Analysis
Q Radiology Analysis ❑ general Whetat ❑ Organlc Chemica+wmysis ❑ Ganwml Physicei
Cartxnertfs
ssaoao war PeffrA NDD
March 2004
i
ATTACHMENT "2"
DESCRIPTION OF ENCROACHMENT AREA
BNSF GROUNDWATER MONITORING WELL
A PORTION OF THAT CERTAIN NORTH-SOUTH. 18-FOOT ALLEY (KNOWN AS
WALKER PLACE), AS DELINEATED ON THE MAP OF CARTER'S SUB-DIVISION, AS
PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE 79, RECORDS OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, LYING
BETWEEN WEST RIALTO AVENUE (SHOWN AS FIRST STREET ON THE MAP OF
SAID CARTER'S SUB-DIVISION) AND SECOND STREET, AND WESTERLY AND
ADJACENT TO LOTS 1 THROUGH 12, BLOCK 4, MORE SPECIFICALLY DESCRIBED
AS FOLLOWS:
A 3-FOOT DIAMETER, CIRCULAR PORTION OF SAID ALLEY, THE CENTER OF
WHICH IS APPROXIMATELY 210 FEET SOUTH OF THE CENTERLINE OF SECOND
STREET, HAVING A HALF-WIDTH OF 41.25 FEET, AND ADJACENT TO AND WEST OF
LOT 4 OF SAID BLOCK 4, THE SAID CENTER OF SAID CIRCULAR PORTION BEING
APPROXIMATELY 5 FEET WESTERLY FROM A POINT ON THE WEST LINE OF SAID
LOT 4, AS MEASURED AT RIGHT ANGLES, SAID POINT BEING A DISTANCE OF 25
FEET NORTHERLY THEREON FROM THE SOUTHWEST CORNER OF SAID LOT 4.
ATTACHMENT"3"
DEPICTION OF ENCROACHMENT AREA
BNSF GROUNDWATER MONITORING WELL
__________________Centerline_______
Portion of Carter's Sub-Division, M.B. 3179
------------ -------------
----------------
West 2111 Street I
I
210'±
co
0138/311 °' ! LO
cD
14 13
1
1
N
Not to scale 1
I
1 Approximate location of
( proposed monitoring well
(diameter of circular
1 construction area is3'±) APN 0138-311-12-0000
(
( _ 5'+ T
5
Modified Assessor's map.
l
Book 0138, Page 31 Location of Proposed Monitoring Well
San Bernardino County
Walker Place
San Bernardino, California