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HomeMy WebLinkAbout20100099 Ver 4_FINAL Half-Miile Branch BPDP for PN_20150515Bank Parcel Development Plan Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Pursuant to: Restoration Systems Umbrella Mitigation Banking Instrument for Riparian Buffer and Nutrient Offset Mitigation Credits - Neuse River Basin May 2015 Prepared By: Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, NC 27604 Phone: 919-755-9490 Fax: 919-755-9492 Half -Mile Branch Bank Parcel Development Plan Restoration Systems' Neuse River Riparian Buffer & Nutrient Umbrella Mitigation Bank Restoration Systems (Sponsor) is pleased to provide this Bank Parcel Development Plan (BPDP) for the Half -Mile Branch Bank Parcel (Parcel), proposed as part of the Restoration Systems' Neuse River Basin Riparian Buffer & Nutrient Umbrella Mitigation Banking Instrument (Banking Instrument), signed March 17, 2008 between Restoration Systems and the North Carolina Division of Water Resources (DWR). This Parcel is designed to provide mitigation credits for unavoidable impacts due to development within the Neuse River Basin. Neuse River Riparian Buffer mitigation credits provided by this Parcel are available in the Neuse River Basin, according to 15A NCAC 02B .0295 (Compensatory Buffer Mitigation Rule)Mitigation credits for Nutrient Offset are made available within the Neuse River Basin USGS 8- digit HUC 03020201 excluding the Falls Lake Drainage Basin. Supporting figures are located in Appendix A. An onsite determination for applicability to the Neuse River Riparian Buffer Rules (15A NCAC 2B .0233) as well as site suitability for mitigation were conducted by DWR representatives Katie Merritt and Anthony Scarborough on February 9, 2015 (Appendix B). A Conservation Easement was placed over the Parcel May 1", 2015 and will remain in perpetuity (Appendix Q. Half -Mile Branch Bank Parcel Development Plan pg. i Table of Contents 1.0 Introduction ....................................................................................................... ............................... 1 — Parcel Location 1.1 Parcel Location ...................................................................................... ............................... l Figure 3 1.2 Parcel Overview ..................................................................................... ..............................1 2.0 Project Area — Existing Conditions ................................................................... ............................... 2 Site Photographs 2.1 Physiography ......................................................................................... ............................... 2 2.2 Soils ....................................................................................................... ............................... 2 2.3 Vegetation ............................................................................................. ............................... 3 2.4 Threatened and Endangered Species ..................................................... ............................... 4 2.5 Environmental & Cultural Constraints .................................................. ............................... 4 3.0 Restoration Plan ................................................................................................ ............................... 5 3.1 Construction activities (Figure 5) ........................................................... ..............................5 3.1.1 Permitting ........................................................................................... ..............................6 3.2 Riparian Area Restoration Activities ..................................................... ............................... 7 3.3 Riparian Buffer Preservation Activities ................................................ ............................... 7 3.4 Parcel Protection .................................................................................... ............................... 7 4.0 Monitoring and Maintenance Plan .................................................................... ............................... 8 4.1 Monitoring Protocol .............................................................................. ............................... 8 4.2 Parcel Maintenance ............................................................................... ............................... 8 4.3 Long Term Management Plan ............................................................... ............................... 8 5.0 Financial Assurance .......................................................................................... ............................... 8 6.0 Mitigation Potential .......................................................................................... ............................... 9 7.0 References ......................................................................................................... .............................10 Appendix Appendix A: Supporting Materials Figure 1 — Parcel Location Figure 2 — Service Area Figure 3 — NRCS Wayne County Soil Survey Figure 4 — Pre - Construction Parcel Conditions Figure 5 — Restoration Plan / Credit Determination Site Photographs Appendix B: NC DWR Stream Determination & DWR Site Suitability Letter Appendix C: Conservation Easement Appendix D: Surface Conveyance B — Centerline Profile Survey Appendix E: Correspondence with the State Historic Preservation Office Appendix F: Environmental Data Resources Inc. — Environmental Records Report Appendix G: Section 3. 1.1 Permitting — Supporting Materials Appendix H: FEMA Flood Insurance Rate Map of NC, Panel 2568 J Half -Mile Branch Bank Parcel Development Plan pg. ii 1.0 Introduction Restoration Systems (Sponsor) is pleased to provide this Bank Parcel Development Plan for the Half -Mile Branch Bank Parcel (Parcel), proposed as part of the Restoration Systems' Neuse River Basin Riparian Buffer & Nutrient Umbrella Mitigation Banking Instrument (Banking Instrument), signed March 17, 2008 between Restoration Systems and the North Carolina Division of Water Resources (DWR). This Parcel is designed to provide mitigation credits for unavoidable impacts due to development within the Neuse River Basin. Neuse River riparian buffer mitigation credits provided by this Parcel are available in the Neuse River Basin, according to 15A NCAC 02B .0295 (Compensatory Buffer Mitigation Rule). Mitigation credits for Nutrient Offset are made available within the Neuse River Basin USGS 8 -digit HUC 03020201 excluding the Falls Lake Drainage Basin according to 15A NCAC 02B .0240. Supporting figures are located in Appendix A. An onsite determination for applicability to the Neuse River Riparian Buffer Rules (15A NCAC 2B .0233) as well as a site suitability assessment for mitigation was conducted on February 9, 2015 (Appendix B) by DWR staff. A Conservation Easement was placed over the Parcel on May 1st, 2015 and recorded at the Wayne County Register of Deeds in Goldsboro, NC. Book No. 3153, Page No. 191 and attached as Appendix C. 1.1 Parcel Location The Half -Mile Branch Bank Parcel is located approximately 7 miles west of Goldsboro in western Wayne County; west of U.S. Highway 117 near the intersection of Old Smithfield Road and Ferry Bridge Road (Figure 1, Appendix A). The Parcel is located within the Neuse River Basin in the 14 -digit United States Geological Survey (USGS) Cataloging Unit 03020201200030 of the South Atlantic /Gulf Region (North Carolina Division of Water Quality [NCDWQ] Subbasin Number 03- 04 -12) (Figure 3, Appendix A) Directions to Parcel: • From the City of Raleigh, travel east on U.S. Highway 70 • Travel approximately 23 miles on U.S. Highway 70 and turn right onto Creechs Mill Rd • Turn right at Martin Livestock Road (3.2 miles) • Turn left onto Brogden Road (4 miles) • Continue from Brogden Road onto Old Smithfield Road (7.7 mile) • Continue on Old Smithfield Road and the Parcel is located on the left at the intersection of Old Smithfield Road and Ferry Bridge Road (3.0 miles) - Latitude: 35.38554° , Longitude: - 78.1072° 1.2 Parcel Overview The Parcel encompasses 30.46 acres of land located along Half -Mile Branch and its Unnamed Tributary. According to the Final Neuse River Basinwide Water Quality Plan (NCDWQ 2009), the lack of buffer and heavy agricultural practices along Half -Mile Branch make the watershed an ideal target for land acquisition to protect the nutrient sensitive Neuse River watershed. The restored riparian area will result in improved water quality within the Parcel and downstream of the Half -Mile Branch watershed. The Parcel is located in a region of the state dominated by agriculture and livestock; therefore, restoration of the riparian area is expected to result in immediate water quality benefits in the vicinity of the Parcel. Of the 30.46 acre Parcel, it is anticipated 25.02 acres of riparian area will be restored and 2.9 acres will be preserved (existing hardwood forest) through the establishment and permanent protection of native hardwood vegetation. Half -Mile Branch Bank Parcel Development Plan pg. 1 The Parcel encompasses agricultural land utilized for row crop production and forest. Agricultural areas were routinely harvested for soybean and winter wheat, resulting in local disturbances to stream banks and wetland soil surfaces. Additional land use practices included the maintenance and removal of riparian vegetation and ditching through buffers and fields to reduce wet areas for crop production. Figure 4 in Appendix A graphically displays pre - construction conditions. Staff from the Division of Water Resources (DWR) visited the Site on February 9, 2015 and determined the Site to be viable for Neuse River riparian buffer and nutrient offset mitigation (Appendix B). Adjacent land use is currently characterized by row crop production and single family dwelling units. 2.0 Project Area — Existing Conditions 2.1 Physiography The Parcel is located in the Southeastern Floodplains and Low Terraces ecoregion on the border of the Rolling Coastal Plain ecoregion within the Southeastern Plains of North Carolina; USGS HUC 03020201 (NCDWQ Subbasin Number 03- 04 -12) of the Neuse River Basin. Regional physiography is characterized by broad interstream divides with gentle to steep side slopes dissected by numerous small, low to moderate gradient sandy bottomed streams and major river floodplains, associated terraces, and low gradient streams with sandy and silty substrates (Griffith et al. 2002a). Onsite elevations range from a high of 82 feet National Geodetic Vertical Datum (NGVD) on slopes to a low of approximately 73 feet NGVD at the lowest point of the Parcel. The Parcel provides water quality functions to a nearly 2.44- square mile watershed at the outfall of Half - Mile Branch. The watershed is dominated by agricultural land, forest, and wetlands. Impervious surfaces account for less than 0.5 percent of the upstream watershed land surface. Surrounding area land use is primarily agricultural, with some low- density residential housing. Onsite land use is characterized by hardwood forest and agricultural land (row crop production). 2.2 Soils Based on Wayne County soil survey mapping (USDA 1974), the Parcel contains seven soil series: Bibb sandy loam (Typic Fluvaquent), Norfolk loamy sand (Typic Kandiudults), Lumbee sandy loam (Typic Endoaquults), Lynchburg sandy loam (Aerie Paleaquults), and Wickham loamy sand (Typic Hapludults). Parcel soils are described in Table 1 below. Table 1: Parcel Soils Map Unit Symbol Map Unit Name Hydric Status Description The Bibb series consists of very deep, poorly drained, moderately permeable soils that formed Bibb sandy Hydric in stratified loamy and sandy alluvium. These soils are on floodplains of streams in the coastal Bb loam plain. They are commonly flooded and water runs off the surface very slowly. Slopes range from 0 to 2 percent. The water table is within 8 inches of the surface from 6 to 11 months each year. The Norfolk series consists of well drained, moderately permeable soils that formed in marine Norfolk Non- and fluvial sediments. These soils are on uplands or marine terraces in the lower, middle, and NoB loamy sand hydric upper coastal plain that never or rarely flood for very brief periods of time. Slopes are generally between 2 and 6 percent. Depth to seasonal high water table is 40 to 72 inches from January to March. Half -Mile Branch Bank Parcel Development Plan pg. 2 Table 1: Parcel Soils Cont. Map Unit Map Unit Hydric Description Symbol Name Status Pecan (Ca rya illinoinensis) Ironwood (Car inns caroliniana) Lumbee Coastal swee e erbush Clethra alni olia) The Lumbee series consists of poorly drained and moderately permeable soils. These soils are Lv sandy loam Hydric on backswamps on stream terraces. Slopes range from 0 to 2 percent. Depth to seasonal high American holly (Ilex o aca) Black gum (Nyssa biflora) Virginia sweetspire (Itea virginica water table ranges from 0 -12 inches. Sweetgum (Liquidambar styraciflua) Lynchburg Non- The Lumbee series consists of somewhat poorly drained and moderately permeable soils. Ly sandy loam hydric These soils are on the flats on marine terraces and broad interstream divides on marine terraces. Hi hbush blueberry (Vaccinium co mbosum American elm (Ulmus americana) Slopes range from 0 to 2 percent. Depth to seasonal high water table ranges from 6 -18 inches. The Wickham series consists of very deep, well drained, moderately permeable soils on stream WhB Wickham Non- terraces in the Piedmont and Coastal Plain and marine terraces in the Lower Coastal Plain loamy sand hydric terraces. The soil formed in fluvial and marine sediments. Slopes range from 2 to 6 percent. Depth to the water table is > 80 inches. 2.3 Ve etg ation The Parcel is characterized primarily by agricultural land with disturbed, mature hardwood forests. Agricultural land was dispersed throughout the Parcel except for the existing buffers that are currently ranging up to 100' from the top of banks of Half -Mile Branch and its unnamed tributary. Agricultural land dominated the majority of the Parcel. Disturbed hardwood forest are characterized by coastal plain bottomland hardwood and floodplain species adjacent to stream channels, such as river birch (Betula nigra), eastern red cedar (Juniperus virginiana), willow oak (Quercus phellos), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), black willow (Salix nigra), tulip tree (Liriodendron tulipifera), and American sycamore (Platanus occidentalis) (Table 2). Table 2: Reference Forest Ecosystem On Site Observations - Coastal Plain Bottomland Hardwoods Canopy Species Understory Species Red maple (Acer rubrum) Red maple (Acer rubrum) River birch Betula nigra) River birch (Betula nigra) Pecan (Ca rya illinoinensis) Ironwood (Car inns caroliniana) American beech (Fa us randi olia) Coastal swee e erbush Clethra alni olia) American holly Ilex o aca) Dogwood (Cornus orida) Sweet m (Liquidambar styraciflua) Sourwood (Diospyros vir iniana Tulip poplar (Liriodendrum tuli i era) American holly (Ilex o aca) Black gum (Nyssa biflora) Virginia sweetspire (Itea virginica Water oak (Quercus nigra) Sweetgum (Liquidambar styraciflua) Swamp chestnut oak (Quercus michauxii) Tulip poplar (Liriodendrum tuli i era) Cherrybark oak (Quercus pagoda) Common sweetleaf S m locos tinctoria) Willow oak (Quercus hellos) Winged elm Ulmus alata Winged elm Ulmus alata Hi hbush blueberry (Vaccinium co mbosum American elm (Ulmus americana) Green ash (Fraxinus erns lvanica Half -Mile Branch Bank Parcel Development Plan pg. 3 2.4 Threatened and Endangered pecies Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.0 1531 et seq.). One species is federally listed for Wayne County by the United States Fish and Wildlife Service (USFWS) (USFWS 2008): red- cockaded woodpecker (Picoides borealis). Additionally, the bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act. Habitats for red - cockaded woodpecker and bald eagle are not present within the Parcel. In addition to the bald eagle and E, T, and P species, the USFWS list includes a category of species designated as "Federal Species of Concern" (FSC). A species with this designation is one that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). The FSC designation provides no federal protection under the ESA for the species listed. The nine FSC species listed on the current USFWS list are presented in Table 3 below. Table 3: USFWS FSC Species List Common Name Scientific Name American elm Anguilla rostrata Carolina madtom Noturus uriosus Pinewoods shiner L thrurus matutinus Rafines ues big-eared bat Corynorhinus ra ines uii Southern ho nose snake Heterodon simus Atlantic pigtoe Fusconaia masoni Yellow lance Elli do lanceolata Cuthbert turtlehead Chelone cuthbertii Ponds ice Litsea aestivalis Proposed mitigation activities will result in positive benefits for these species through improved habitat and water quality. 2.5 Environmental & Cultural Constraints Conditions and characteristics that had the potential to hinder restoration activities on the Parcel were evaluated by RS personnel. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare /threatened/endangered species or critical habitats, cultural resources, and the potential for hydrologic trespass. In a letter with the State Historic Preservation Office (SHPO) RS concluded there were no dwellings that fell under the `National Register of Historic Place,' nor were there any documented archaeological sites found within the Parcel. Correspondence between RS to the SHPO requesting concurrence is provided in Appendix E. Environmental Data Resources Inc. preformed an Environmental Records Report which located no evidence of environmental risk was associated with the Parcel (Appendix F). Existing information regarding constraints was acquired and reviewed. Any parcel conditions that had the potential to restrict design and implementation were documented during the field investigation. Existing conditions of concern were and discussed with DWR and outlined in a DWR Site Viability letter dated February 25th, 2015 (Appendix B) and are incorporated into the Restoration Plan. Specifically, a Half -Mile Branch Bank Parcel Development Plan pg. 4 centerline profile survey was conducted over the entire length Surface Conveyance B to insure the surface water runoff was conveyed through the ditch to Half -Mile Branch (Appendix D). 3.0 Restoration Plan The primary goals associated with the restoration of riparian areas focus on improving water quality, enhancing flood attenuation, and restoring wildlife habitat through the creation of a forested riparian buffer adjacent to stream channels and a forested riparian area along agricultural ditches, and will be accomplished by the following; 1. Removing nonpoint sources of pollution associated with agricultural production, including a) ceasing the broadcast application of fertilizer, pesticides, and other agricultural materials into and adjacent to Site surface water conveyances, and b) providing a restored buffer to filter runoff from adjacent lands. 2. Reducing sedimentation within onsite and downstream receiving waters by reducing bank erosion, vegetation maintenance, and agricultural land disturbances. 3. Promoting floodwater attenuation by increasing frictional resistance of floodwaters crossing Site floodplains. 4. Improving aquatic habitat by enhancing stream bed shading and natural detritus input. 5. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural production. 6. Restoring and re- establishing natural community structure, habitat diversity, and functional continuity. 7. Protecting the Site's riparian buffer functions and values in perpetuity. Primary components of the restoration plan include: 1) Minor construction activities to insure successful restoration 2) Riparian area restoration or Preservation from 0 -200 feet back from surface waters and ditches and 3) Parcel protection. 3.1 Construction activities (Figure 5) A total of four culverts will be removal to insure flow of Half -Mile Branch and Site conveyances is not obstructed; preventing the chance of hydrologic trespass of adjacent properties. One culvert will be removed along Half -Mile Branch (Site Photo 4) and the other three along surface conveyance A (2 culverts, Site Photo 8) & E (1 culvert). Once removed, disturbed areas will be stabilized with native seed mix. Multiple manmade conveyances /furrows were previously dug through the Neuse Riparian Buffer perpendicular to the stream channels (Site Photo 5 and 6). These conveyances /furrows will be filled to historic elevations and stabilized with a native seed mix so diffused flow is restored and maintained through the riparian buffer. Impacts to Waters of US and existing Neuse River Riparian Buffer as a result of construction activities are summarized in Table 4 below. Half -Mile Branch Bank Parcel Development Plan pg. 5 Table 4: Summary of Impacts Activity Location Impacts Reasoning Removal of 25 1. ft. to Half -Mile Culvert is dilapidated and no longer Existing Culvert Half -Mile Branch Branch (Waters of the US) needed. Removal will insure it does & 501. ft. of Stream Bank not impede flow Filling of Throughout the Parcel, *Less than 1,000 1. ft. of Restore diffused flow throughout the Conveyances / within existing Neuse existing Neuse River riparian buffer (Appendix B, DWR Furrows River Riparian Buffer Riparian Buffer (.022 Ac) Site Viability Letter) *Disturbed acreage will not be included in the buffer credit determinations. Crop land areas will be ripped and scarified prior to vegetation planting activities. In greater detail, 25 acres will be ripped with linear bands perpendicular to the direction of surface water flows. The established microtopography on leveled surfaces will promote diffuse flow and surface water storage throughout the floodplain. In addition, subsurface hardpans will be eliminated to promote vegetation growth/survival and to increase groundwater recharge rates. No other evidence of natural and/or man -made conditions were identified which had the potential to impede proposed restoration activities. 3.1.1 Permitting Activities outlined above in Table 4 will not require a permit or written notification to any regulatory agencies, i.e. US Army Corps of Engineers, Wayne County FEMA, & NC DWR. Reasoning for each is summarized below: USACE — Under no applicable USACE Permit do the construction activities summarized in Table 4 warrant a USACE permit or consultation. Construction activities to Waters of the US will be far less than thresholds which require consultation, 300 1. ft. to stream beds and 500 1. ft. to stream banks. Attached in Appendix G for reference are USACE Nationwide Permits 13, Bank Stabilization, and 40, Agricultural Activities. NC DWR — In written communication with Anthony Scarborough, Appendix G, all activities summarized in Table 4 are deemed acceptable without further consultation. FF.1V1A — The Parcel is located within a Special Flood Hazard Area (SFHA) as a result of its proximity to the Neuse River, Flood Insurance Rate Map (FIRM) of NC, Panel 2568 J (Appendix H). A SFHA is defined as any area with a 1% annual chance of flooding (100 -year flood), all mapped areas are broken down into individual zones. The Parcel is completely located within Zone AE, where baseline flood elevations have been determined. It is most important to note, the Parcel is located completely outside of the Floodway Area. FEMA coordination /review is conducted at the county level. Regulated activities within mapped FEMA areas are discussed under Wayne County Ordinance Chapter 38 — Flood Prevention (https: / /www.municode.com /library /nc /wayne_county /codes /code_of ordinances ?nodeld= COOR_CH38 FLPR). Specifically Section 38 -62, which discusses provisions required within a SFHA where base flood elevations data has been provided. Under this section, there is no restriction of fill material in Zone AE if baseline flood elevations have been determined. Half -Mile Branch Bank Parcel Development Plan pg. 6 In summary, the Parcel is located in FEMA Special Flood Hazard Area Zone AE and baseline flood elevations have been made available. Wayne County, NC does not prohibit fill material to be placed in such an area and therefor, FEMA coordination is not needed. 3.2 Riparian Area Restoration Activities Restoration of the riparian area will allow for recolonization and expansion of characteristic species across the landscape. Vegetative species composition will mimic reference forest data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990) Coastal Plain Bottomland Hardwood (NCWAM Bottomland Hardwood Forest and Headwater Forest). Coastal Plain Bottomland Hardwoods include species with high value for sediment stabilization, rapid growth rate, the ability to withstand hydraulic forces associated with flood events, and are well suited for wetland soil types. Deep- rooted, riparian vegetation will be restored over 25.02 acres of the Parcel. Bare -root seedlings of tree species within the Coastal Plain Bottomland Hardwoods will be planted at a density of approximately 500 stems per acre on 10 -foot centers. Table 5 summarizes the proposed planting plan. Table 5: Proposed Planting Plan by Species Vegetation Association: Coastal Plain Bottomland Hardwoods Area (Acres) Total = 25.02 acres Vegetation Association: Coastal Plain Bottomland Hardwoods Species Number Planted % of Total Total River birch (Betula nigra) 2,000 16.67% 2,000 Ironwood (Carpinus caroliniana) 1000 8.33% 1,000 Green ash (Fraxinus pennsylvanica) 3000 25.00% 3,000 Black gum (Nyssa sylvatica) 1000 8.33% 1,000 Water oak (Quercus nigra) 4400 36.67% 4,400 Willow oak (Quercus phellos) 600 5.00% 600 Total 12,000 100% 12,000 3.3 Riparian Buffer Preservation Activities Riparian buffer preservation will take place within approximately 2.89 acres on the site. It will include permanently protecting existing riparian buffer from cutting, clearing, filling, grading and any similar activities that would affect the functionality of the riparian buffer. Areas specified for Preservation, as defined in 15A NCAC 02B .0295, are show in Figure 5 and will only generate buffer mitigation. These areas are primarily described as disturbed mixed hardwoods, with the number of high value species above 200 per acre. Buffer credits sought in the preservation area will only be allowed to use toward buffer mitigation and cannot be transferred into nutrient offset credits. The Preservation area is not anticipated to be beyond 100 feet. 3.4 Parcel Protection A Conservation Easement was placed over the Parcel on May 1st, 2015 and recorded at the Wayne County Register of Deeds in Goldsboro, NC. Book No. 3153, Page No. 191 and attached as Appendix C. Parcel boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent Half -Mile Branch Bank Parcel Development Plan pg. 7 properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree - blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and reported to NC DWR. 4.0 Monitoring and Maintenance Plan 4.1 Monitoring Protocol Restoration monitoring procedures for vegetation will monitor plant survival and species diversity. Quantitative sampling of vegetation will be performed through twenty five (25) 10 x 10 meter plots as outlined in the CVS Level 1 -2 Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006) and will occur in October of each year, with the Is' monitoring data to be collected in the fall of 2015 and not within five months from the original planting date. Monitoring of the restoration efforts will be performed for five years or until success criteria are fulfilled. Restoration Systems shall submit to NCDWR an annual monitoring report, no later than December 31st of each year. Detailed qualitative and quantitative monitoring is proposed for vegetated riparian areas, which will also include photographic record of the Parcels assets. Success criteria within the buffer and nutrient offset restoration areas will be based on the survival of planted species at a density of 320 stems per acre after five years of monitoring. 4.2 Parcel Maintenance A remedial action plan will be developed and implemented with the approval of NCDWR in the event that the Site or a specific component of the Site fails to achieve success criteria as outlined above. Other vegetation maintenance and repair activities may include pruning, mulching, and fertilizing. In the event that exotic invasive plant species require treatment, such species will be controlled by mechanical (physical removal with the use of a chainsaw) and /or chemical methods (aquatic approved herbicide) in accordance with North Carolina Department of Agriculture (NCDA) rules and regulations. 4.3 Long Term Management Plan The Sponsor will obtain a Conservation Easement in perpetuity over the Parcel upon DWR approval of the BPDP. The Conservation Easement will preserve all areas, and prohibit all use of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity. The North Carolina Wildlife Habitat Foundation is expected to be the long -term holder of the Conservation Easement and will be responsible for long -term stewardship of the Parcel site. The Sponsor will provide a financial sum appropriate for the long -term holder of the Conservation Easement to carry out its responsibilities. 5.0 Financial Assurance As stated in the Restoration Systems Neuse River Basin Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument, dated March 17th 2008: "Following approval of the BPDP, Restoration Systems, LLC shall provide a Performance Bond from a surety that is rated no less than an `A' as rated by A.M. Best Company. The Performance Bond amount shall be two times the estimated cost for implementation for the restoration plan included in the BPDP, but no less than $150,000.00 in amount. After completion of construction, a Monitoring Bond will be substituted for the Performance Bond. The Penal Sum of said Monitoring Bond shall be for two times the estimated cost to implement the monitoring and maintenance plan, but no less than $150,000.00 in amount. The Monitoring Bond shall be in effect for a period of five years." Half -Mile Branch Bank Parcel Development Plan pg. 8 6.0 Mitigation Potential The DWR has determined the nitrogen nutrient abatement of restored riparian area to be 2,273.02 lbs. per acre. Riparian buffer credits will be measured by the hundredth of an acre and converted into square feet. It is anticipated, the Parcel will restore 25.02 acres of riparian area and preserve 2.89 acres. 17.56 acres will be used specifically for nutrient offset credit, generating 39,914.22 lbs. of nitrogen offset credit. 10.35 acres will generate 337,546.4 sq. ft. of Neuse River riparian buffer credits. Riparian buffer credits derived from preservation cannot generate nutrient offset mitigation. Though, riparian buffer mitigation generated by restoring riparian areas can be used for either Neuse River riparian buffer credits or nutrient offset credits, but not both. RS must request and receive approval from DWR to transfer any mitigation credits between riparian buffer and nutrient offset. All mitigation credit assets shall be shown on the credit ledgers. RS will provide a separate credit ledger for the Buffer Preservation credits. Table 6 summarizes the Parcel's components and mitigation credit potential. Table 6: Project Components and Mitigation Credits Mitigation Credits Buffer Zone Credit Mitigation Total Credit Credit per Total Credits Type Type Acreage Ratio Acre Zone A (top of bank to Riparian Restoration 2.74 1:1 43,560 sq. 119,354.4 sq. ft. 50') Buffer ft. /acre Zone A (top of bank to Riparian Preservation 2.77 10:1 43,560 sq. 12 066.1 sq. ft. 50') Buffer ft. /acre Zone B (5 P - 100) Riparian Restoration 4.72 1:1 43,560 sq. 205,603.2 sq. ft. Buffer ft. /acre Zone B (51' - 100') Riparian Preservation 0.12 10:1 43,560 sq. 522.7 sq. ft. Buffer ft. /acre Total Riparian 337,546.4 sq. ft. Buffer Zone C (101' - 200) Nitrogen Restoration 8.19 n/a 2'273'02 lbs. /acre 18,616.03 lbs. Surface Water Nitrogen Restoration 9.37 n/a 2'273.02 21 298.19 lbs. Conveyances 0' - 200' lbs. /acre Total Nitrogen 39,914.22 lbs. Half -Mile Branch Bank Parcel Development Plan pg. 9 7.0 References Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Neuse River Nutrient Sensitive Waters Management Strategy 15A NCAC 2B .0233, 15A NCAC 02B .0240, and 15A NCAC 02B .0295 NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. Guidelines for Riparian Buffer Restoration. October 2004 Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. United States Fish and Wildlife Service (USFWS). 2013. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Alamance County, North Carolina Available: http: / /www.fws.gov /raleigh /species /cntylist /wayne.html [March, 20131. United States Fish and Wildlife Service. USDA, Soil Conservation Service, 1974. Soil Survey of Wayne County Half -Mile Branch Bank Parcel Development Plan pg. 10 Appendix A: Supporting Materials Figure 1 — Parcel Location Figure 2 — Service Area Figure 3 — NRCS Wayne County Soil Survey Figure 4 — Pre- Construction Parcel Conditions Figure 5 — Restoration Plan / Credit Determination Site Photographs Half -Mile Branch Bank Parcel Development Plan Appendices a ,A r i .w Una Tee Golf C.u�.b II T d" H ¢} E r�lrr mIc.- PROJECT LOCATION 4'a; 4��` a w k<, y - Goldsboro z F ` mar-M., SPeyenx Rfiu11 R x z oy.0 z Legend y Half -Mile Bank Parcel 0 0.75 1.5 3 HALF -MILE BRANCH BANK Miles PROJECT LOCATION PREPARED BY: DATE: FIGURE 1 WAYNE COUNTY, NC E MARCH —�- 2015 41 d.1 u� dree chore r d 1., 48 flirh j _ -. fff qIJ eTE y./ X16 CIF 561 ck OW IJec'k .'ennF7l�Eeru - �r 45 083 i \ C�II IpP j _ &&IT '6y Ir +� 1 Phedp . 3 _ Raleigh 1 [/ t4ke Nsw L ake -\ UJ L LC a k PROJECT LOCATION 2. & F­1 RNg t �'r o, F.a ttVil� Legend Half -Mile Bank Parcel !irl Riparian Buffer Mitigation Credits r�ae rr,l'.A1L�e Neuse Ri p 9 +ra a113c <'� �7•i ai Arv�+ 5Ya6�n"" � 1'I t' Em..i 3i M.1 apt, o to 20 40 HALF -MILE BRANCH BANK Miles SERVICE AREA PREPARED BY: DATE: FIGURE 2A WAYNE COUNTY, NC ��'' E P R 2015H av drrh C I, 0. 7 @4 a - — - F.d,n Ngcn r~-'r� Roll., P.J,rdg h58�. Laaee i^ ' h 58 U1ur irc.cru 4 - 15.1 _ v -. j.lurdan i1.1 �I Srl h58 f � r f1" - - ,. Pith h.3,te � 561 rl' ro8md �e N'mc s;dle F}J he ' vckvy � @8'inAl _ teerJtYae� ranl Union 1 tirrlinglun I1 �6 n� ���• � ✓ Hlr1Hr "Call•], 54 -. +. uUliT / 4 I �. E}ll�'17 �fl'1 -. � � � p� 1 Randl�nAn � iy r✓ ` i - + r 1� Liz - , 062-, �4v Fuqua r � iini,"EEMt] LC T in P. all- It j PROJECT LOCATION �1 1 2 1 ben nl[ -:.. r Eririn°� Lr� Inge .`- Pineli1, Fort 9ar3- �' r131i�:;�nf *"� rlliante q Pali!bluli,, fM Via. - `�Y(JJ( //i Fayette �dY 151 rf t 1tar;�r+ 41 Legend � �.:f, f:�ilJr ,- Ben, ari „� 8; � lin,elrck Half -Mile Bank Parcel F L� j na Nutrient Offset Mitigation Credits / 242 KSCAT; LLF f � 1,i�feh d..,Il:,c., I•., '44$''r. Fi,, `_,lal.cn -_. 1. _ + 0 10 20 40 HALF -MILE BRANCH BANK Miles SERVICE AREA PREPARED BY: DATE: FIGURE 2B WAYNE COUNTY, NC E P R MARCH I' 11: 11,1 a�' � �1r ,�►• � ''�� /,.r�..Sr,: 1 t, sip. ,i. '� \� Ct Z;- Existing culverts (2) to be removed 7. ,y Half -Mlle Branch gyp+ pya ► SC: C ` �T Existing culvert to be removed SIC 30- Easement Break for Farm Path f �s ! Half -Mile Branch a ; r i y .eC tj { I `�. ✓ ti{ a r - � _ 1w g ,' � . Ya.. 'S v a $r� 6 • � I � � , rx - - ' moo AL Nq $T, (Noncredit generating) ti A %?, i �J _ l »s' ..► 'y #' - y.^'.Y - i F +A ;< "+ culvert to be removed g cul, Legend Conservation Easement: +/- 30.46 Acres Location of Furrows - To be filled f t Surface Water Conveyance -- - - - Ir +4 .t zT'i 7, ,y�,� ,4 'per, `�-: �'•: �f'fy NRCS Blue Line Streams LIT - Half -Mile Branch Existing Hardwood Forest - Within the Parcel Boundaries RESTORATION SYSTEMS, LLC SCALE: 1 in = 208 ft - 1101 HAYNES ST, SUITE 211 DATE: 5 - 2015 Figure 4 f - RALEIGH, INC 27604 Pre - Construction Parcel Conditions PHONE : 919.755.9490 Half -Mile Branch + FAX 919 755 9492 This map a II d n atl u� ­pt .d as a wm no wan Restnrarnn s — Aerial Imagery: (c) NAIP pp - anty ys[ems expressy t +•'+ asela� pbTyr �tl g r ertyr y la ns mat may arse nntame nee nr msnse ams map. It's Coordinate System: NAD 1983 NC FT the sd, respons b'I ty d the user to determ ne if the data en m s map's compat ble With the users needs. Th. map s not created as survey data nor should R be used as such. Its the users ­p­,bility to ebt a n proper survey Feet tlata preparetl by a censetl surveyor where requ retl by law 0 62.5 125 250 375 500 FA •s � !Q�:� 4*i,•.X � �; � � „ � '� �,. - 3''''' °+ fir:. �r ;'�� "-• '-v Existing culverts (2) to be removed Legend ..� ?� .• — ' �� \ � SC: A �• Buffer Zone A: TOB - 50' Half -Mile Branch ` _ — \ * Q r Buffer Zone B: 51' - 100' \ � Buffer Zone C: 101' - 200' SC: C Conservation Easement: +/- 30.46 Acres Existing lvert to be removed' ' g '� � �► � � Surface Water Conveyance a y " �. }pP � ` + 't NRCS Blue Line Streams h f `5� ,, d, \ " 4. : - O Location of Furrows - To be filled Existing Hardwood Forest - Within the Parcel Boundaries 30' Easement Break for Farm Path \ — ► SC: D•' Credit Type & Restoration vs Preservation Areas \ \ -� 1 `• - - r Zone A: TOB - 50' Riparian Buffer Credit - Restoration Zone B: 51' - 100' Riparian Buffer Credit - Restoration Zone C: 101' - 200' Nutrient Offset Credit - Restoration / Zone A & B: TOB - 100' Riparian Buffer Credit - Preservation f �� Half -Mile Branch [ ­J Surface Conveyances: TOB - 200' - Nutrient Offset Credit ' Mitigation Credits 'IN .� \ Credit Mitigation Total Credit y Buffer Zone Credit per Acre Total Credits ,ir / ``• Type Type Acreage Ratio Zone A (top of bank to Riparian 50') Buffer Restoration 2.74 1:01 43,560 sq. ft. /acre 119,354.4 sq. ft. Zone A (top of bank to Riparian 50') Buffer Preservation 2.77 10:01 43,560 sq. ft. /acre 12,066.1 sq. ft. �^ _ ,�� • �, . _ / /'/ ,/` � SC: E \ ., Rip arian _ (Noncredit generating) Zone B (51'- 100') Restoration 4.72 1:01 43,560 sq. ft. /acre 205,603.2 sq. ft. Buffer Existing culvert to be removed i Zone B (51'- 100') Rguffern Preservation 0.12 10:01 43,560 sq. ft. /acre 522.7 sq. ft. Riparian -� ,'•`i 1 Total 337,546.4 sq. ft. Buffer Zone C (1101'- 200') Nitrogen Restoration 8.19 n/a 2,273.02 lbs. /acre 18,616.03 lbs. - - - � l' Surface Water I 'i4 Conveyances Water 0') Nitrogen Restoration 9.37 n/a 2,273.02 lbs. /acre 21,298.19 lbs. UT - Half -Mile Branch Total Nitrogen 39,914.22 Ibs. y' I RESTORATION SYSTEMS, LLC SCALE: 1 in = 20S ft 4 Figure 5 Sys r'q{y �f 1101 HAYNES ST, SUITE 211 g ,�„ � '"• ��, RALEIGH, NC 27604 DATE: 5 - 2015 Restoration Plan / Credit Determination r i►': PHONE : 919 755 9490 Half Mile Branch FAX: 919 755 9492 7 °g Aerial Ima e c NAIP a� A� , mis map a all aata oon a nea w,th n are auppl'ea m s wim no wananry. Reemraron systeme ��c expreeery Imagery: � ) ;_ aanla:ne p stitryr «aamagea «taelM1y frnm any da«s mat may arae«name",aeor menae or me map. ¢ia Coordinate System: NAD 1983 NC FT the sde respons GINy of the user to delerm ne f the tlata on th s map's <ompat ble with the users neetls Th's map was - oreatetl as survey data nor should it be usetl as such. Its the users responsib Iity to d t a n proper survey Feet 1 " 1 r - J! - a� d... prepare by a cen survayw, where requ,e by laa y..t .'f {' n,} �__••:. ���I - •,} 0 62.5 125 250 375 500 TAU Half -Mile Branch BPDP Image 1: Surface Conveyance C — looking SW from Old Smithfield Rd. Half -Mile Branch BPDP Image 2: Surface Conveyance D — looking SW from Old Smithfield Rd. Half -Mile Branch BPDP Image 3: Surface Conveyance B — looking east from ditch origin. (Appendix C — Profile Survey) Half -Mile Branch BPDP Image 4: Half -Mile Branch existing culvert crossing — to be removed Half -Mile Branch BPDP Image 5: Field furrow, buffer to be restored (typical throughout site) Half -Mile Branch BPDP Image 6: Field furrow, buffer to be restored (typical throughout site) Half -Mile Branch BPDP Image 7: Surface Conveyance A — looking SW Half -Mile Branch BPDP Image 8: Existing culvert crossing along Surface Conveyance A — to be removed Appendix B: NC DWR Stream Determination & DWR Site Suitability Letter Half -Mile Branch Bank Parcel Development Plan Appendices �g=LT RA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 23, 2015 Mr. Danny Howell 313 Lassiter Road Princeton, NC 27569 Subject: Surface Water Determination Letter Donald R. van der Vaart Secretary DWR# 2015 -0028 Wayne County Determination 'Type: Buffer Call Isolated or EIP Call ED Meuse (15A. NCAC 2B .0233) Starteg ® Tar - Pamlico (I 5A NCAC 2B .41259) Ephemeral /Intermittent /Perennial Determination USGS 0 Isolated Wetland Determination EJ Jordan (I 5A NCAC 2B .0267) Project Name: Half Mile kli t ation Site Location/Directions: 2175 Old Smithfield Road, Goldsboro, NC Subject Stream: Half Mile Branca & UT to Half Mile Branch Determination Date: February 9, 2015 Staff•. Katie Merritt & Anthony Scarbraugh Stream EJIIP* Not Subject Subject Starteg Stop c' sail USGS _ Survey Topo S1 I X Property throughout x X boundary S2 I X Property throughout X x boundary *EfI/P = Ephemeral / lennittentlPerennial Explanation: Katie Merritt and Anthony Scarbraugh with Division of Water Resources {DWR), visited the subject site on February }, 2015, at the request of Raymond Holz with Restoration Systems, LLC. The features listed above have been located on the Sail Survey of Wayne County, North Carolina and the most recent copy of the USGS Topographic map at a 1:24,040 scale, and are labeled on the attached maps initialed by Ms. Merritt on February 23, 2015. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR ), Division of Water Resources - 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, !North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone. 919- 807-63001 FAX: 918 - 847 -6494 Internet: www.ncwaterquality.org 2175 Old Smithfield 'Road Wayne County 2123115 Page 2 of 2 This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request trust be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR 441 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner /future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919) - 8177 -6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) - 554 -4884. If you have questions regarding this determination, please feel free to contact Katie Merritt at (919) 807- 6371. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Unit KAH/km Attachments: Initialed Soil Survey and Aerial Map cc: WaRO DWR File Copy Raymond Holz — Restoration Systems, LLC (via electronic mail) RMENR North Carolina Department of Environment and Natural Resources Pat McCrory Governer February 25, 2015 Mr. Raymond Holz Restoration Systems, LLC (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset -- Half Mile Branch 2175 Old Smithfield Rd, Goldsboro, NC Wayne County Dear Raymond, Donald R. van der Vaart Secretary On January 8, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a request from Restoration Systems, LLC (RS) for a site visit to the above - referenced site to detennine the site's potential for nutrient offset and Neuse riparian buffer mitigation. On February 9, 2015, Ms. Merritt, along with Anthony Scarbraugh of DWR, performed a site assessment of the subject site. Existing conditions onsite were determined to be active row crop agriculture. Ms. Merritt assessed each feature, as proposed on the attached map by RS, to determine its ability to deliver nutrients to downstream waters. If approved, mitigating this site could provide both riparian buffer credits and nutrient offset credits within the 8 -digit Hydrologic Unit Code (HUQ 03020201 of the Neuse Diver Basin, excluding the Falls Watershed for nutrient offset. Overall, the site appeared to be a good candidate for buffer mitigation and nutrient offset. Details of the site assessment for determining its viability for mitigation are provided below: • Both streams onsite were determined to be at least intermittent and are suitable for riparian buffer restoration outside of the forest fringes. A supporting stream determination letter is required. • Multiple perpendicular conveyances had been recently dug by the landowner through the buffers, thus creating an outlet to the streams for drainage. These conveyances must be filled and stabilized to allow diffuse flow of stormwater through the buffer. • Ditches A, C and D are suitable for riparian restoration to generate nutrient offsets. Existing trees and fringes must be calculated out of the total proposed mitigation area. • Ditch. D was not determined to be suitable for riparian restoration onsite due to the inability of staff to observe the direction of flow of stormwater within the ditch. The layout of the land, along with a lidar map provided by Mr. Scarbraugh, indicated that stormwater draining to this ditch may not be conveyed to the stream downstream of the ditch. However, if RS wants to propose Ditch D in the mitigation plan, RS must provide documentation that the ditch conveys stormwater runoff to the stream onsite. Division of Water Resources - 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807- 63003 FAX: 919- 807-6494 Internet: www.ncwaterquality . org An Equal Opportunity � Athrmalwe Action Employer — Male in part by recycled paper • The presence of a culvert along the northern part of Ditch A needs to be cleaned out or removed in order to not impede flow and affect the connectivity of this section to the rest of the system. • Plants chosen for this site need to be well adapted to wet, poorly drained soils. A map showing the project site and the different features is provided and signed by Ms. Merritt on February 23, 2015. Please contact Katie Merritt at (419) -807 -5371 if you have any questions regarding this correspondence. Sincerely, 1 Karen Higgins, Supervisor 401 and Buffer Permitting Unit KAH/k7n Attachments: Site Aerial Map cc:File Copy (Katie Merritt) s'" Half File Brar: h e� Sc 1 _ SC:_ A � : C SC: B �\ Easement Crossing: 30 ft. All SC: D !i UT to Half Mile Branch 1 P, f •�a �''FJ�Y .,W'° w� OR�'� raw r•=Rd K �' Y / ' '. ♦ it J , Legend - � .�. ` - �`t a• ~����r ,� . R Blue Line Streams Surface Conveyance (SC) Howell Parcel Boundary t Bank Parcel Boundary SCALE 1 in = 375 It a RESTORATION SYSTEMS, LLC A +' Half Mile Bank Parcel 1101 HAYNES ST, SUITE 211 DATE: 1 _2015 RALEIGH. ND 27504 Figure 3. Aerial Overview PHONE: 919.755.9490 NEUSE 91 FAX: 91 9.765.9492 Yln map !� n1 GK1 ayN�YE wEUn een q Y WE. ro rarHy Reelwnwn 5��� .LLC exP +akY dle[W+w mPaReAMy P lmeiu ee4My hyn ertr dkmee� rwr aM d m. u! bom.iry damn Nei mry Wee W ylh a ee Mwue. [Plrremep. [ N theatre nfpvn�ElRy of iM YNe [ Ckerm.e Nihe 9CJ m RYe mep N [ampH'q wW IM wd' McOe. i-1W reep Nri nk uekq eY 6ata. nq kaJ9 4 W [weA ea a W. h b1M wen r.ePwwi�la aM�n year ewer CYe yepuklW ak kl werer, wIw regy'M h, ten 0 57.5 175 Feel Aerial imagery: fcl NAB P 354 525 Tr}p 'DOOrdin @I@ sys? @R1'. NAD 1983 NC FT 3 r' 7 Haff,'MAIe Branch Ms*. , Easement Crossing: 30 ft. F. I� GC ti S;yp 174 wry \* . 1> •n` S SC: A SC: B v r is , I, UT to Half Mile Branch ` 0 IF jII . .� y :rte •*, Y� Y `� - 't I Fig . ► b, t �. Legend .r �'�k -` -� t�: P� Blue Line Streams Surface Conveyance {SC} "' Howell Parcel f3aundary Bank Parcel Boundary :I*u Oi '-Y �� [_� ', r,. +W.a � ` 1t_+A RESTORATION SYSTEMS, LLC SCALE 1 in =3758 111) 1 HAYNES ST, S U ITE 2 11 DATE: 1 -2015 Half Mile Bank Parcel PAL EIGH, NC 27604 Figure 3: Aerial Overview PHONE : 919.755.9490 NEUSE 01 FAX: 919.755.9492 TM _, eer r - edivrrC — e„ r4gp41C M w — m ,nerrerN RMUYI Spirnr, LLC eeperWY raernw r[nparaYY ! drmpa as YWrY aun anY [MHer pql nr'Y ulr a! d tlr we a nnuee fiwn rcY demr wa mrY we ou[ [[ h +.. a .e d R,la enw. c r eM ear [rrpenue9rY r w u.a i. are,.elne a n» d.e. Fe e1 Aenal Imagery: (c) NAi P !dr etq N [emprlAlr tiw vet neeA. TAie mrr xrr M1M uMH ,y Cate, m haW A m u.M a e�h. M Mlhe urel,r..armer,'�e aeueveva per are ►hr+[.a h +k b,.wxo..xMrr eequeee 1)Y W.. D g75 17i 350 526 70R Coordinate 5'ySIBll11: NAp 1983 INC FT 0 N JL' a a sv U -- a I a Re 1,. .L I LA + Jn I wh 6 Jn �� Kell wh R:1A Kr � WhA a �f` � Ch h Jo Ayq � Na h Pe - Me $ Ra {y s Ch t OB .1[a - Moe - xt, +u 4 waA Lv Ke wea RESTORATION SYSTEMS, LLC SCALE 1 in= 2 D0Dft 1101 HAYNES ST. SUITE 211 DATE 1-2014 RALEIGK NG 27804 PHONE 919.755.9490 NEUSE 01 FAX. 919.755.9492 TAn — — MOM wWro6 .tl 04 x w wrnr[y Rna M•m 5>•kams. LLG a P'nWr lwLma r..0waeah t O oee w McAiy h e4enw VW na'F'.a. aN d t� wi horn .m Lkws thoi rrmY uwe pt d u of nHp.. ; the wM rcapny�y el Vn d u mrrw O kM d u.m irr4 01k0 k eemp1Obk [ti srt iM ^+aF ww wwr b.t n0r � h N wN •icrt. k•uw,a:rs k.ywrtemr q xe.� aronr.w�rar., o.n...e W. kvww �wne.. �. rw.itva nr w. 4.ikNr i ihmaf 7A; WAYNE COUNTY, NOPTH Ra NOR NOR Bb" wa Go 4 L '4� 7r 1 ., .r 84f y who �r °,,. r �• f N �TrA • TO'. u . war, —I Half Mile Bank Parcel ` Figure 1: Wayne County MRCS Map 18 Appendix C: Conservation Easement Half -Mile Branch Bank Parcel Development Plan Appendices Page 1 BOOK 315 3 PAGE 191 Indexed Doc Oi/a581700 10 Tvpe: CRP rDea: 05 11 Fee Amt: $631r>.001 2oa s e at o:55:35 PM P 6 RevenuCe Tnx: $x10.00 WAYNE CDUHTY N LOI S S MCORIka AC EGI STER OF DEEDS 14153 P4 V 1'La0 Prepared by and Return to:Sarnuel T. Oliver, Jr. Manning, Fulton & Skinner, P.A. P. O. Box 20389 Raleigh, NC 27619 -0389 STATE OF NORTH CAROLINA COUNTY OF WAYNE Excise Tax $610.00 PERMANENT CONSERVATION EASEMENT P1'i] THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement ") made as of this I" day of May, 2115 by and between Danny Howell and wife, Peggy A, Howell (Grantor ") and RESTORATION SYSTEMS, LLC, a North Carolina limited liability company ( "Grantee "). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, tying and being in Wayne County, North Carolina, more particularly described as the Conservation Easement Area in Exhibit A attached hereto and incorporated herein ( "Property "); and WHEREAS, Grantor and Grantee desire to facilitate the establishment of an environmental mitigation bank on the Property as more particularly described herein; and WHEREAS, Grantee agrees that it shall cause the appropriate environmental mitigation and restoration to be accomplished on the Property as more particularly set forth herein and, upon completion of such restoration and mitigation, Grantee will assign this Conservation 923361.5 -1- 0.26275- T27032 1 Book: 3153 Page: 191 Seq: 1 Page 2 of # SO 315 3 PARE 19 2 Easement to a non - profit corporation or trust whose purpose is the conservation of property and which is qualified to be the grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121- 34 et. ss and Internal Revenue Code § l 70(h); and WHEREAS, the Half-Mile Branch Bank Parcel is identified on Exhibit A attached hereto and incorporated herein by reference and on that plat recorded in Plat Cabinet 0, Slide 241 Wayne County; and WHEREAS, the preservation of the Half-Mile Branch Bank Parcel is required and governed by Grantee's Neuse River Basin Riparian. Buffer and Nutrient Mitigation Umbrella Banking Instrument ( "Nutrient Mitigation Banking Instrument ") on file with the North Carolina Division of Water Quality ( "D WQ "); NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable considerations, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT "ibis Conservation Easement shall be perpetual. 'this conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE I1. PROHIBITED AND RESTRICTED ACTIVMES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted ixom any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the follm4ing activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non - native plants and/or animal species is prohibited. B. Construction. There shall be no coast acting or placing of any building, mobile home, asphalt or concrete pavensent, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above tlse Property. 82336 1.5TO 26275.727032 2 Book: 3153 Page: 191 Seq: 2 Page 3 o� 10 ORK3153 ME 193 C. Industrial, Commercial and Residential Use. industrial, residential and.'or commercial activities, including any right of passage .for such purposes are prohibited. D. Agricultural, Cirazing_and Horticultural Use. Agricultural, giwing, animal husbandry, and horticultural use of the Property are prohibited. E. Vein. There shall be no removal, burning, destruction, banning, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Property; nor enlargement or modification to existing roads, trails or walkways. G. Siign�tLc. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identi #ying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. 1. Excavation. Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage pattems. J. Water Quality and Drains e Pattern. 'there shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluthig or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. the operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all- terrain vehicles, cars and trucks is prohibited. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III 823 3 6 1 - ST0. 26275 M 7032 3 Book: 3153 Page: 191 Seq:3 page 4 of 10 aft 3 153 pw 194 GRANTOR'S RESERVED RIGHTS The Grantor expressly reserves for itself, and its successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and. hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and sha(i specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the right to construct Riparian buffer and nutrient offset mitigation on the Property, in accordance with the detailed mitigation plan approved in accordance with the Bank Parcel Development Package as defined in Article VI, ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the North Carolina Division of Water Resources ( "NCDWR ") shall Have the right to enter the Property at all reasonable times for the purpose of inspecting the Property to determine if the Grantor, or its successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement, The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational obsen�ations and studies, and taking samples. The easement rights granted herein. do not include public access rights. ARTICLE V ENFORCEMENT AND REX EDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 34 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief: Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation. Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee woLdd be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to. and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee. 823361.370.26275: x27{732 4 Book: 3153 Page: 191 Seq:4 Page 5 of 10 BOOK 315 3 PAGE 19 5 B. No failure on the part of the, Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default C. Nothing contained in this Conservation Easement shall be construed to entifle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in goad faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warr_ ante. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation. Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Fasement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The Grantor agrees to provide written notice of such transfer at least sixty (50) days prior to the date of the transfer. The Grantor and Grantee agree that the tertns of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the NCDWR. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest: gill be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire A •eement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement, If any provision is found to be void or unenforceable by a court of'competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor, provided that Grantor shall be entitled to place 823361. sT0.26275.7'27032 Book: 3153 Page: 191 Seq:5 Page 6 of 10 BNB 315 3 PAGE 196 deeds of trust upon the Property which are subordinate to this Conservation Easement. In exercising its tights under this Conservation Easement, Grantee shall comply with all applicable federal, state and local laws, regulations and permits, and Grantee shall not take any action or allow any condition upon the Property that unreasonably interferes with Grantor's use and enjoyment of its other property which adjoins the Property. Grantee shall not be responsible for any costs or Iiability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal,, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. NLlaeruever all or pail of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the tatting, and all incidental and direct damages dire to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of she Property (without deductions for the value of this Conservation Easement) at the time of this granrt. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Cade (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. 1. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified avail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Danny and Peggy A. Howell 313 Lassiter Road Princeton, NC 27569 -7147 To Grantee: Restoration Systems, LLC 1 101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 923 36 1 -STO - 262 7 5 - T2 7032 6 Book: 3153 Page: 191 Seq: 6 Page 7 of 10 BOOK 3 15 3 PACE 19 7 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction, K. Amendment. "Phis Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification. of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in the Half -Mile Branch Bank Parcel Development Package dated May, 2015, prepared by Grantor and acluiowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. it will be used by the parties to assure that any future changes in the use of the Property will he consistent with the terms of this Conservation Easement. However, this report is -rot intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights grid easements perpetually unto Grantee for the aforesaid purposes. 823361.5TO.26275:.27032 [signatures continued on the following page3 7 Book: 3153 Page: 191 Seq:7 P 'Age 8 of 10 803 15 3 PAR 198 IN TESTIMONY WHI✓REOF, the Grantor has hereunto set his hand and scat., the day and year first above written. GRANTOR: y (SEAL) Danny Howell IL12..i 4�lk (SEAL) Peg dwell NORTH CAROLINA COUNTY OF Wayne I, Leigh L. Stroud , a Notary Public in and for the County and State aforesaid, do hereby certify that Danny Howell and wife, Peggy A. Howell, collectively, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my land and Notary Seal this the 30 day of April-, 201 S. 8'. +� Notary MDT OGD A My commission expires: May 31, 2015 A. Q'Z CoU�a 323361.STO,26275.T27032 8 Book: 3153 Page: 191 Seq:8 Page s of 10 BOOK 315 3 PUT 199 IN TESTIMONY Vv'HEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. GRANTEE: Restoration C Restoration L l By: VI; ��1�' Its. U-_'v NORTH CAROLINA COUNTY OF a Notary Public of said County and State, certify that -- personally came before me this day and acknowledged that (s)he is - (��, �_ of RESTORATION SYSTEMS, LLC, a North Carolina limited liability company, and that he as (� _ a , being authorized to do so, executed the foregoing on behalf of Restoration Systems, LLC. WITNESS my Band and official seal, this _3C�-day of Pe -'1t_ , 2015. (Notary Seal) No ry btic My Commission Expires: NO [P 'gg Ca August 07 - 2016 % 7drij y v6�'�• 823361.5TO.26275.T27032 0 Book: 3153 Page: 191 Seq:9 Page 10 of 10 BOOK 3153 PAIE 2 0 0 EXHIBIT A Being all of Section A containing 23.47 acres and all of Section B containing 7.39 acres as shown on that plat entitled: "Conservation Easement Survey for Restoration Systems, LLC of the Half -Mile Branch Bank Parcel (On a Portion of The Howell Property)" dated 4/22/2015, prepared by K2 .Design Group, P.A. and recorded in Fiat Cabinet 0, Slide 24 I, Wayne County Registry. Together with and including a permanent, non - exclusive, perpetual easement for the purposes of pedestrian and vehicular ingress, egress, and regress between Tract A atzd Tract B over and across that certain fifteen (15') foot wide strip shown as "Access Easement" and containing approximately 0.01 acres as shown on the above referenced plat. 82336I .S rO.26275_n7032 14 Book: 3153 Page: 191 Seq: 10 DbQY.RfO[NC� M'«CAraa7rlPP Dr a4I.Ip,[Pn gyylMAfD «Da T1 ro Nd M WLM �I.YR gavfi3APa OFblle MAI qs} NaDAPDPM10r Two rRAYa.PIV rr[CfYIrpCO«eD J >A IB DI M'wNrrE CAPA,IY IIC[AYA7:P O nC[T6 CWRENr a!1YNO nN«r +aMLTSAAND sWT PT A rKA'AI.s 1TP n n a.�a rt e. CAI YIDm f' y 3Kw TO .L TI M M l 4eQY6H@ O aA/ruTYDP.SD0C1AENrT""" rYa'M A1AY EJIRT DMP —. E — Imam LAW MTa Di Yff[dOlraliW rEt9 MAaR'YEQ llel[tCl .PD ernr elAS2 KT Fu r aTr SIT, d w IYN APAST lELItTv %tPpD aA,A[ i fl. T GLp «SDPaED VA1Tr •C.OIISEPSlA.r1DM EAfif4LN1" EN .. 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' sat6Tf1W� r A� ., aae•aaA6AN 6YSwasrw � • a2r6Tlrw aw'aTaI6 I 6ae'11'aeT '•,e a.�• .. , . ail'fi91 "[ °A" KA'16'J6YI yAx wx . , cmmsw aam - r . , , .• �H ai• _ m'1af1lN Ail if •. m'nrww _ v L61 k' 1p Lu s - _ NlaferaT 6fM MK'snraA rna ssrTna'w Nlr'eaea'N ' rYarweaw Ao- YFw•aaln " j OMY'lI :V-A � Warwol-A I YaWMw71 me'atlr•e • aAe'11a6•E St[l•.Lk [iI UPfMbNMM, W_aK!SaWI a MAfNisla�Mtf IP6raar m.l In. a+ner of P TY .Iwwn oc. A«.nn .nlrn Ipgbq MDw Wba I naaFAU 0 WrM LMY E. —. P111 .Id aAl Y a« Aar «kM Ts w.,wrvRYan .a+emamE wn m,y bva aMl9n! u noW an tln aLM W -z7 -�S �_ 0« DY f,OWYPYAr W W f Aa[IEWT 9UPVEY RESTORATION SYSTEMS, LLC ( IYg HALF -MILE BRANCH BANS( PARCEL fi (ON A PORTION OF THE HOWELL PROPERTY) rcu+a TrAY/1swsR wArae [DLaNn HOHTN crY+ouNA }� A _ A u,,. A.Y zYmr Ti Appendix D: Surface Conveyance B — Centerline Profile Survey Half -Mile Branch Bank Parcel Development Plan Appendices W 74 J C7 U 1= M 7 73 PROFILE A FLO T� Y r 0+00 4 +50 1 +00 1 +50 2 +00 2 +50 3+00 3 +50 4 +00 4 +50 HORIZONTAL SCALE: 1'= 106' F: oil 74 73 LEGEND: PROPOSED CONSERVATION EASEMENT SURFACE WATER CONVEYANCE 1 DITCH CENTERLINE PRO` rt 1 I 11,f .,••'C' CA,, p GENERAL NOTES: M a✓ ' ELEVATION REFERENCED TO NAVD 1988- 6' Q�. , a PROFILE DATA GATHERED FROM FIELD SURVEY BY K2 SEAL o i _ DESIGN GROUP, P.A. DURING FEBRUARY 2015. C—*. L -41 94 THIS FIGURE DOES NOT MEET GS47 -30 AS AMENDED. r • �� rrr . •a.. G� � {��a 5688 U -S. Hwy. 70 East RESTORAnON SYSTEMS, INC f Goldsboro, NC 27534 1101 Haynes St., Suite 211 HALF -MILE BRANCH BANK PARCEL TeL: (918) 751 -0075 Raleigh, NC 27534 800 400 0 800 ,K Corporation C -2111 Phone: 919.755.9490 DESIGN GROUP, P.A. k2design @suddenlink.net IN Fax: 919155.9492 w;,;, G17APNIC SCALE 17 = 800' Appendix E: Correspondence with the State Historic Preservation Office Half -Mile Branch Bank Parcel Development Plan Appendices tv. STA7E North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz March 10, 2015 Raymond Holz Restoration Systems 1101 Haynes Street, Suite 211 Raleigh, NC 27604 Office of Archives and History Deputy Secretary Kevin Cherry Re: Half Mile Branch Bank Wetland Restoration, 2175 Old Smithfield Road, Goldsboro, Wayne County, ER 15 -0318 Dear Mr. Holz: Thank you for your letter of February 11, 2015, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or environmental.reviewnncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �3vRamona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699 -4617 Telephone /Fax: (919) 807 - 6570/807 -6599 February 11, 2015 Ms. Renee Gledhill- Earley, Environmental Review Coordinator State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 29699 -4617 Subject: Request for Letter of Concurrence on Half -mile Branch Bank Parcel in Wayne County, NC Dear Ms. Gledhill - Earley: Restoration Systems (RS) is in the process of permitting a riparian buffer and nutrient offset mitigation bank parcel through the Division of Water Resources. As part of this process we must contact the State Historic Preservation Office with a description of the Parcel, the proposed restoration activities and detail if any National Register of Historic Places or buildings older than 50 years will be affected. Please find a detailed description of the property, restoration activities and our conclusion below. The proposed Parcel is 30 acres in size and located approximately 6.5 miles west of Goldsboro, NC in Wayne County near the intersection of Old Smithfield (SR 1007) and Ferry Bridge Rd. The physical address is 2175 Old Smithfield Rd. Goldsboro, NC 27530. A project area map and USGS topographic map of the project area are attached. The proposed Parcel encompasses agricultural land utilized for row crop production with marginal forested areas located in isolated pockets and along stream corridors. Ditches and streams are routinely cleared and mowed, resulting in local disturbances to stream banks and minimal diffused flow of storm water runoff. Goals of this mitigation project focus on improving water quality, enhancing storm water attenuation, and restoring riparian habitat within the Half -mile Branch watershed. The restoration plan includes restoration, enhancement, and preservation of riparian forests through the reestablishment of native hardwood vegetation throughout the conservation easement. The removal of one culvert crossing and installation of a new culvert crossing are the only scheduled ground - disturbing activities and will not equal more than 0.25 acres. There are no structures on or adjacent to the Parcel. RS staff examined the HPOWEB Map Service records on February 10, 2015 and determined that there are no listed historic properties on or within 1.0 mile of the Parcel. It is our conclusion that the restoration activities associated with the proposed Parcel will not affect any listed or potential National Register of Historic Places. I would appreciate a letter of concurrence for this project at your earliest convenience. Sincerely, Raymond Holz Attachments: Site Location Map, USGS Map & Photographs of the Site 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492 Parcel Address: 2175 Old Smithfield Rd. Goldsboro, NC 27530 .04 r p sb # x ? sta If V Half Mile Branch Existing culvert �'� crossing to be removed " �„ ,.✓'°. '� 30 ft. Easement Break w/ 1 crossing over UT to Half Mile Branch. �i l i yr ��..` WgIv UT to Half Mile Branch r a71 ' `I Legend NRCS Streams Howell Parcel Boundary Conservation Easement Boundary: +/- 30.2 Acres SCALE: 1 in = 417 ft N RESTORATION SYSTEMS, LLC 1101 HAYNES ST, SUITE 211 Half -mile Branch Bank Parcel RALEIGH, INC 27604 PHONE: 919.755.9490 DATE: 2 - 2015 Figure 1: Parcel Overview FAX : 919.755, 492 . This map and all data contained within are supplied as is with no warranty. Restoration Systems, LLC expressly dlsdaims responsibility for damages or liability from any claims that may arse out of the use or misuse of this map. It is the sole responsibility of the user to determine if the data on this map is compatible with the users needs. This map was not created as survey data, nor should it be used as such. It is the users responsibility to obtain proper survey d ata, prepared by a licensed surveyor, where required bylaw. 0 100 Feet Aerial Imagery: (c) NAIP 2014 200 400 600 800 Coordinate System: NAD 1983 INC FT I I P _moo 1i nor .T t Pllai L"11 • �lllll t' _ �1�•rM ZCep, as- 1 _ -sue N n � u CTS A 9M5 s ° in �f i Legend ED Howell Parcel Boundary Bank Parcel Boundary f ♦4 �r r �i RESTORATION SYSTEMS, LLC SCALE: 1 in= 2,000f< N 1101 HA ST, SUITE 211 DATE: 1 -2014 Figure 2: USGS 24:000 RALEIGH, H, NC Half Mile Bank Parcel NC 27604 PHONE: 919.755.9490 NEUSE 01 FAX: 91 9.755.9492 This map .and all beta contained within are supplied as is with no warranty. Restoration Systems, LLC expressly disclaims responsibility for damages or liability from any daims that may arise out tithe use or misuse from any claims that may arise but d the use or misuse d this map. It is the sole responsibility d the user to determine if the d,I on Feet Aerial Imagery: (c) USGS this map is compatible with the user's nmd,. This map was not created as survey bet., nor should Il be used as such. It is the users responsibility to obtain proper survey data, prepared by a licensed surveyor, where requI bylaw. 0 480 960 1,920 2,880 3,840 Coordinate System: NAD 1983 NC FT IM � AIN f ♦4 �r r �i RESTORATION SYSTEMS, LLC SCALE: 1 in= 2,000f< N 1101 HA ST, SUITE 211 DATE: 1 -2014 Figure 2: USGS 24:000 RALEIGH, H, NC Half Mile Bank Parcel NC 27604 PHONE: 919.755.9490 NEUSE 01 FAX: 91 9.755.9492 This map .and all beta contained within are supplied as is with no warranty. Restoration Systems, LLC expressly disclaims responsibility for damages or liability from any daims that may arise out tithe use or misuse from any claims that may arise but d the use or misuse d this map. It is the sole responsibility d the user to determine if the d,I on Feet Aerial Imagery: (c) USGS this map is compatible with the user's nmd,. This map was not created as survey bet., nor should Il be used as such. It is the users responsibility to obtain proper survey data, prepared by a licensed surveyor, where requI bylaw. 0 480 960 1,920 2,880 3,840 Coordinate System: NAD 1983 NC FT Half-mile Branch Bank Parcel: Site Photos Wayne County, NC Appendix F: Environmental Data Resources Inc. — Environmental Records Report Half -Mile Branch Bank Parcel Development Plan Appendices Half -Mile Branch Bank Parcel 2175 Old Smithfield Rd. Goldsboro, NC 27530 Inquiry Number: 4204251.2s February 10, 2015 6 Armstrong Road, 4th floor www.edrnet.comt.com Shelton, CT 06484 (rEDR'5 E nvironmental Data Resources Inc Toll Free: 2.0050 FORM- PBA -CCA TABLE OF CONTENTS SECTION PAGE Executive Summary ES1 Overview Map----------------------------------------------------- - - - - -- 2 DetailMap-------------------------------------------------------- - - - - -- 3 Map Findings Summary 4 MapFindings------------------------------------------------------ - - - - -- 8 Orphan Summary 9 Government Records Searched /Data Currency Tracking- - - - - - - - - - - - - - - - - - - - - - - - - - GR -1 GEOCHECK ADDENDUM Physical Setting Source Addendum A -1 Physical Setting Source Summary A -2 Physical Setting Source Map------------------------------------------ - - - - -- A -7 Physical Setting Source Map Findings---------------------------------- - - - - -- A -8 Physical Setting Source Records Searched PSGR -1 Thank you for your business. Please contact EDR at 1- 800 - 352 -0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS ". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2015 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC4204251.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527 -13) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 2175 OLD SMITHFIELD RD. WAYNE County, NC 27530 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 35.3853000 - 35° 23'7.08" 78.1112000 - 78° 6'40.32" Zone 17 762409.2 3919406.5 74 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Most Recent Revision South Map: Most Recent Revision West Map: Most Recent Revision: AERIAL PHOTOGRAPHY IN THIS REPORT 35078 -D1 NORTHWEST GOLDSBORO, NC 2001 35078 -C1 SOUTHWEST GOLDSBORO, NC 2001 35078 -D2 PRINCETON, NC 1974 Portions of Photo from: 20120510 Source: USDA TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. TC4204251.2s EXECUTIVE SUMMARY 1 EXECUTIVE SUMMARY DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ( "reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL_____ _______ ______ __ ___ ___ National Priority List Proposed NPL Proposed National Priority List Sites NPL LIENS Federal Superfund Liens Federal Delisted NPL site list Delisted NPL__ ___ ____ __ __ ____ National Priority List Deletions Federal CERCLIS list CERCLIS Comprehensive Environmental Response, Compensation, and Liability Information System FEDERAL FACILITY Federal Facility Site Information listing Federal CERCLIS NFRAP site List CERC- NFRAP--- -- ---- - --- - -. CERCLIS No Further Remedial Action Planned Federal RCRA CORRACTS facilities list CORRACTS Corrective Action Report Federal RCRA non - CORRACTS TSD facilities list RCRA -TSDF RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA- LQG--- --- --- --- - - -- - -. RCRA - Large Quantity Generators RCRA -SQG RCRA - Small Quantity Generators RCRA -CESQG RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls /engineering controls registries US ENG CONTROLS --------- Engineering Controls Sites List US INST CONTROL Sites with Institutional Controls LUCIS Land Use Control Information System Federal ERNS list ERNS_ __ ___ ___ ____ __ ___ __ ____ Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site TC4204251.2s EXECUTIVE SUMMARY 2 EXECUTIVE SUMMARY State- and tribal - equivalent CERCLIS SHWS------------------ - - - - -. Inactive Hazardous Sites Inventory State and tribal landfill and /or solid waste disposal site lists SWF /LF List of Solid Waste Facilities OLI Old Landfill Inventory State and tribal leaking storage tank lists LUST------------------- - - - - -. Regional UST Database LUST TRUST State Trust Fund Database LAST Leaking Aboveground Storage Tanks INDIAN LUST---------- - - - - -- Leaking Underground Storage Tanks on Indian Land State and tribal registered storage tank lists UST Petroleum Underground Storage Tank Database AST AST Database INDIAN UST---- -------- - - - --. Underground Storage Tanks on Indian Land FEMA UST Underground Storage Tank Listing State and tribal institutional control/ engineering control registries INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites INDIAN VCP------------ - - - - -. Voluntary Cleanup Priority Listing VCP Responsible Party Voluntary Action Sites State and tribal Brownfields sites BROWNFIELDS Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS---- - - - - -- A Listing of Brownfields Sites Local Lists of Landfill/ Solid Waste Disposal Sites ODI Open Dump Inventory DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations HIST LF---------------- - - - - -- Solid Waste Facility Listing SWRCY Recycling Center Listing INDIAN ODI Report on the Status of Open Dumps on Indian Lands Local Lists of Hazardous waste/ Contaminated Sites US CDL------- --------- - - -- -- Clandestine Drug Labs TC4204251.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US HIST CDL---------- - - - - -- National Clandestine Laboratory Register Local Land Records LIENS 2 CERCLA Lien Information Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System IMD-------------------- - - - - -- Incident Management Database SPILLS Spills Incident Listing SPILLS 90 SPILLS 90 data from FirstSearch SPILLS 80-------------- - - - - -. SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR RCRA - Non Generators / No Longer Regulated DOT OPS Incident and Accident Data DOD------------------- - - - - -- Department of Defense Sites FUDS Formerly Used Defense Sites CONSENT Superfund ( CERCLA) Consent Decrees ROD------------------- - - - - -- Records Of Decision UMTRA Uranium Mill Tailings Sites US MINES Mines Master Index File TRIS------------------- - - - - -- Toxic Chemical Release Inventory System TSCA ------------------------ Toxic Substances Control Act FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act) /TSCA (Toxic Substances Control Act) HIST FTTS FIFRA /TSCA Tracking System Administrative Case Listing SSTS Section 7 Tracking Systems ICIS-------- ------------ - - - - -- Integrated Compliance Information System PADS PCB Activity Database System MLTS Material Licensing Tracking System RADINFO-------------- - - - - -- Radiation Information Database FINDS Facility Index System /Facility Registry System RAATS RCRA Administrative Action Tracking System RMP------- --- ------ --- - - - - -- Risk Management Plans UIC Underground Injection Wells Listing DRYCLEANERS Drycleaning Sites NPDES----------------- - - - - -. NPDES Facility Location Listing INDIAN RESERV Indian Reservations SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing COAL ASH EPA- ------- - - - - -- Coal Combustion Residues Surface Impoundments List Financial Assurance Financial Assurance Information Listing LEAD SMELTERS Lead Smelter Sites COAL ASH- ------------ -- - - -- Coal Ash Disposal Sites EPA WATCH LIST EPA WATCH LIST US FIN ASSUR Financial Assurance Information US AIRS--------------- - - - - -- Aerometric Information Retrieval System Facility Subsystem COAL ASH DOE Steam - Electric Plant Operation Data PCB TRANSFORMER PCB Transformer Registration Database 2020 COR ACTION----- - - - - -. 2020 Corrective Action Program List PRP Potentially Responsible Parties EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants TC4204251.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY EDR US Hist Auto Stat ------- EDR Exclusive Historic Gas Stations EDR US Hist Cleaners EDR Exclusive Historic Dry Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA LUST Recovered Government Archive Leaking Underground Storage Tank RGA HWS-------------------- Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC4204251.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC4204251.2s EXECUTIVE SUMMARY 6 OVERVIEW MAP - 4204251.2S r r 1 � F �f r •1 r 1 ,P ry 4 1. r* 14. 1 W 71 <. rt Y I P o � r / OKI. No- '< 0 114 1/2 1 Miles 0 Indian Reservations BIA Hazardous Substance Oil & Gas pipelines from USGS Disposal Sites 0 100 -year flood zone 0 500 -year flood zone 0 National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and /or hide map information. The legend includes only those icons for the default map view. SITE NAME: Half -Mile Branch Bank Parcel Target Property A Sites at elevations higher than or equal to the target property Goldsboro NC 27530 Sites at elevations lower than INQUIRY #: 4204251.2s the target property A Manufactured Gas Plants E] National Priority List Sites Copyright ro 2015 EDR, Inc Ic 2010 Tale Atlas Rel. 07/2009. Dept. Defense Sites OVERVIEW MAP - 4204251.2S r r 1 � F �f r •1 r 1 ,P ry 4 1. r* 14. 1 W 71 <. rt Y I P o � r / OKI. No- '< 0 114 1/2 1 Miles 0 Indian Reservations BIA Hazardous Substance Oil & Gas pipelines from USGS Disposal Sites 0 100 -year flood zone 0 500 -year flood zone 0 National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and /or hide map information. The legend includes only those icons for the default map view. SITE NAME: Half -Mile Branch Bank Parcel CLIENT: Restoration Systems, LLC ADDRESS: 2175 Old Smithfield Rd. CONTACT: Raymond Holz Goldsboro NC 27530 INQUIRY #: 4204251.2s LAT /LONG: 35.3853 / 78.1112 DATE: February 10, 2015 3:15 pm Copyright ro 2015 EDR, Inc Ic 2010 Tale Atlas Rel. 07/2009. DETAIL MAP - 4204251.2S E f • P s' r T , I K i F a� 0 1/16 1/9 1/4 Miles 0 Indian Reservations BIA Hazardous Substance Oil & Gas pipelines from USGS Disposal Sites 0 100 -year flood zone 0 500 -year flood zone National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and /or hide map information. The legend includes only those icons for the default map view. SITE NAME: Half -Mile Branch Bank Parcel Target Property A Sites at elevations higher than or equal to the target property Goldsboro NC 27530 Sites at elevations lower than INQUIRY #: 4204251.2s the target property A Manufactured Gas Plants r Sensitive Receptors Copyright ro 2015 EDR, Inc (c 2010 Tale Atlas Rel. 07/2009. National Priority List Sites Dept. Defense Sites DETAIL MAP - 4204251.2S E f • P s' r T , I K i F a� 0 1/16 1/9 1/4 Miles 0 Indian Reservations BIA Hazardous Substance Oil & Gas pipelines from USGS Disposal Sites 0 100 -year flood zone 0 500 -year flood zone National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and /or hide map information. The legend includes only those icons for the default map view. SITE NAME: Half -Mile Branch Bank Parcel CLIENT: Restoration Systems, LLC ADDRESS: 2175 Old Smithfield Rd. CONTACT: Raymond Holz Goldsboro NC 27530 INQUIRY #: 4204251.2s LAT /LONG: 35.3853 / 78.1112 DATE: February 10, 2015 3:19 pm Copyright ro 2015 EDR, Inc (c 2010 Tale Atlas Rel. 07/2009. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list CERCLIS 0.500 0 0 0 NR NR 0 FEDERAL FACILITY 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site List CERC -NFRAP 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non - CORRACTS TSD facilities list RCRA -TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA -LQG 0.250 0 0 NR NR NR 0 RCRA -SQG 0.250 0 0 NR NR NR 0 RCRA -CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 LUCIS 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and /or solid waste disposal site lists SWF /LF 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LUST 0.500 0 0 0 NR NR 0 TC4204251.2s Page 4 Database MAP FINDINGS SUMMARY Search Distance Target Total (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted LUST TRUST 0.500 0 0 0 NR NR 0 LAST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists US HIST CDL TP Local Land Records 0 LIENS 2 TP UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 FEMA UST 0.250 0 0 NR NR NR 0 State and tribal institutional control/ engineering control registries INST CONTROL 0.500 State and tribal voluntary cleanup sites INDIAN VCP 0.500 VCP 0.500 State and tribal Brownfields sites BROWNFIELDS 0.500 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 US BROWNFIELDS 0.500 Local Lists of Landfill/ Solid Waste Disposal Sites NR O D I 0.500 DEBRIS REGION 9 0.500 HIST LF 0.500 S W RCY 0.500 INDIAN ODI 0.500 Local Lists of Hazardous waste / Contaminated Sites NR 0 US CDL TP US HIST CDL TP Local Land Records 0 LIENS 2 TP Records of Emergency Release Reports HMIRS TP IMD 0.500 SPILLS TP SPILLS 90 TP SPILLS 80 TP Other Ascertainable Records NR RCRA NonGen / NLR 0.250 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 NR NR NR 0 TC4204251.2s Page 5 MAP FINDINGS SUMMARY EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 EDR US Hist Auto Stat 0.250 0 0 NR NR NR 0 EDR US Hist Cleaners 0.250 0 0 NR NR NR 0 :I777X4ii0:174NX0iP/4 1►ILT,14kq ir1 IA :IkvMi Exclusive Recovered Govt. Archives RGA LUST TP NR NR NR NR NR 0 RGA HWS TP NR NR NR NR NR 0 RGA LF TP NR NR NR NR NR 0 TC4204251.2s Page 6 Search Distance Target Total Database (Miles) Property < 1/8 1/8 - 1/4 1/4-1/2 1/2 - 1 > 1 Plotted DOT OPS TP NR NR NR NR NR 0 DOD 1.000 0 0 0 0 NR 0 FUDS 1.000 0 0 0 0 NR 0 CONSENT 1.000 0 0 0 0 NR 0 ROD 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 US MINES 0.250 0 0 NR NR NR 0 TRIS TP NR NR NR NR NR 0 TSCA TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 FINDS TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 RMP TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 NPDES TP NR NR NR NR NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 Financial Assurance TP NR NR NR NR NR 0 LEAD SMELTERS TP NR NR NR NR NR 0 COAL ASH 0.500 0 0 0 NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0 US FIN ASSUR TP NR NR NR NR NR 0 US AIRS TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 2020 COR ACTION 0.250 0 0 NR NR NR 0 PRP TP NR NR NR NR NR 0 EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 EDR US Hist Auto Stat 0.250 0 0 NR NR NR 0 EDR US Hist Cleaners 0.250 0 0 NR NR NR 0 :I777X4ii0:174NX0iP/4 1►ILT,14kq ir1 IA :IkvMi Exclusive Recovered Govt. Archives RGA LUST TP NR NR NR NR NR 0 RGA HWS TP NR NR NR NR NR 0 RGA LF TP NR NR NR NR NR 0 TC4204251.2s Page 6 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC4204251.2s Page 7 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number NO SITES FOUND TC4204251.2s Page 8 Count: 0 records. ORPHAN SUMMARY City EDR ID Site Name Site Address Zip Database(s) NO SITES FOUND TC4204251.2s Page 9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Number of Days to Update: Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public. STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 12/16/2014 Date Data Arrived at EDR: 01/08/2015 Date Made Active in Reports: 02/09/2015 Number of Days to Update: 32 NPL Site Boundaries Source: EPA Telephone: N/A Last EDR Contact: 01/08/2015 Next Scheduled EDR Contact: 04/20/2015 Data Release Frequency: Quarterly Sources: EPA's Environmental Photographic Interpretation Center (EPIC) Telephone: 202 - 564 -7333 EPA Region 1 Telephone 617 - 918 -1143 EPA Region 3 Telephone 215 - 814 -5418 EPA Region 4 Telephone 404 - 562 -8033 EPA Region 5 Telephone 312 - 886 -6686 EPA Region 10 Telephone 206 - 553 -8665 EPA Region 6 Telephone: 214- 655 -6659 EPA Region 7 Telephone: 913- 551 -7247 EPA Region 8 Telephone: 303 - 312 -6774 EPA Region 9 Telephone: 415- 947 -4246 Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 12/16/2014 Date Data Arrived at EDR: 01/08/2015 Date Made Active in Reports: 02/09/2015 Number of Days to Update: 32 Source: EPA Telephone: N/A Last EDR Contact: 01/08/2015 Next Scheduled EDR Contact: 04/20/2015 Data Release Frequency: Quarterly NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. Date of Government Version: 10/15/1991 Date Data Arrived at EDR: 02/02/1994 Date Made Active in Reports: 03/30/1994 Number of Days to Update: 56 Source: EPA Telephone: 202 - 564 -4267 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned TC4204251.2s Page GR -1 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Federal Delisted NPL site list DELISTED NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 12/16/2014 Date Data Arrived at EDR: 01/08/2015 Date Made Active in Reports: 02/09/2015 Number of Days to Update: 32 Federal CERCLIS list Source: EPA Telephone: N/A Last EDR Contact: 01/08/2015 Next Scheduled EDR Contact: 04/20/2015 Data Release Frequency: Quarterly CERCLIS: Comprehensive Environmental Response, Compensation, and Liability Information System CERCLIS contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLIS contains sites which are either proposed to or on the National Priorities List (NPL) and sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 10/25/2013 Date Data Arrived at EDR: 11/11/2013 Date Made Active in Reports: 02/13/2014 Number of Days to Update: 94 Source: EPA Telephone: 703 - 412 -9810 Last EDR Contact: 01/09/2015 Next Scheduled EDR Contact: 03/09/2015 Data Release Frequency: Quarterly FEDERAL FACILITY: Federal Facility Site Information listing A listing of National Priority List (NPL) and Base Realignment and Closure (BRAC) sites found in the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) Database where EPA Federal Facilities Restoration and Reuse Office is involved in cleanup activities. Date of Government Version: 07/21/2014 Date Data Arrived at EDR: 10/07/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 13 Federal CERCLIS NFRAP site List Source: Environmental Protection Agency Telephone: 703 - 603 -8704 Last EDR Contact: 01/09/2015 Next Scheduled EDR Contact: 04/20/2015 Data Release Frequency: Varies CERCLIS- NFRAP: CERCLIS No Further Remedial Action Planned Archived sites are sites that have been removed and archived from the inventory of CERCLIS sites. Archived status indicates that, to the best of EPA's knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list this site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. This decision does not necessarily mean that there is no hazard associated with a given site; it only means that, based upon available information, the location is not judged to be a potential NPL site. Date of Government Version: 10/25/2013 Date Data Arrived at EDR: 11/11/2013 Date Made Active in Reports: 02/13/2014 Number of Days to Update: 94 Federal RCRA CORRACTS facilities list Source: EPA Telephone: 703 - 412 -9810 Last EDR Contact: 01/09/2015 Next Scheduled EDR Contact: 03/09/2015 Data Release Frequency: Quarterly CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. TC4204251.2s Page GR -2 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 12/09/2014 Date Data Arrived at EDR: 12/29/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 31 Federal RCRA non - CORRACTS TSD facilities list Source: EPA Telephone: 800 - 424 -9346 Last EDR Contact: 12/29/2014 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Quarterly RCRA -TSDF: RCRA - Treatment, Storage and Disposal RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and /or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. Date of Government Version: 12/09/2014 Date Data Arrived at EDR: 12/29/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 31 Federal RCRA generators list Source: Environmental Protection Agency Telephone: (404) 562 -8651 Last EDR Contact: 12/29/2014 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Quarterly RCRA -LQG: RCRA - Large Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and /or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 12/09/2014 Date Data Arrived at EDR: 12/29/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 31 Source: Environmental Protection Agency Telephone: (404) 562 -8651 Last EDR Contact: 12/29/2014 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Quarterly RCRA -SQG: RCRA - Small Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and /or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. Date of Government Version: 12/09/2014 Date Data Arrived at EDR: 12/29/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 31 Source: Environmental Protection Agency Telephone: (404) 562 -8651 Last EDR Contact: 12/29/2014 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Quarterly RCRA- CESQG: RCRA - Conditionally Exempt Small Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and /or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Conditionally exempt small quantity generators (CESQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Date of Government Version: 12/09/2014 Date Data Arrived at EDR: 12/29/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 31 Source: Environmental Protection Agency Telephone: (404) 562 -8651 Last EDR Contact: 12/29/2014 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Varies TC4204251.2s Page GR -3 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Federal institutional controls /engineering controls registries US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version: 09/18/2014 Date Data Arrived at EDR: 09/19/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 31 Source: Environmental Protection Agency Telephone: 703 - 603 -0695 Last EDR Contact: 12/03/2014 Next Scheduled EDR Contact: 03/16/2015 Data Release Frequency: Varies US INST CONTROL: Sites with Institutional Controls A listing of sites with institutional controls in place. Institutional controls include administrative measures, such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally required as part of the institutional controls. Date of Government Version: 09/18/2014 Date Data Arrived at EDR: 09/19/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 31 Source: Environmental Protection Agency Telephone: 703 - 603 -0695 Last EDR Contact: 12/03/2014 Next Scheduled EDR Contact: 03/16/2015 Data Release Frequency: Varies LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version: 12/03/2014 Date Data Arrived at EDR: 12/12/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 48 Federal ERNS list Source: Department of the Navy Telephone: 843 - 820 -7326 Last EDR Contact: 11/17/2014 Next Scheduled EDR Contact: 03/02/2015 Data Release Frequency: Varies ERNS: Emergency Response Notification System Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 09/29/2014 Source: National Response Center, United States Coast Guard Date Data Arrived at EDR: 09/30/2014 Telephone: 202 - 267 -2180 Date Made Active in Reports: 11/06/2014 Last EDR Contact: 12/29/2014 Number of Days to Update: 37 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Annually State- and tribal - equivalent NPL HSDS: Hazardous Substance Disposal Site Locations of uncontrolled and unregulated hazardous waste sites. The file includes sites on the National Priority List as well as those on the state priority list. Date of Government Version: 08/09/2011 Date Data Arrived at EDR: 11/08/2011 Date Made Active in Reports: 12/05/2011 Number of Days to Update: 27 State- and tribal - equivalent CERCLIS Source: North Carolina Center for Geographic Information and Analysis Telephone: 919 - 754 -6580 Last EDR Contact: 02/02/2015 Next Scheduled EDR Contact: 05/18/2015 Data Release Frequency: Biennially TC4204251.2s Page GR -4 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING SHWS: Inactive Hazardous Sites Inventory State Hazardous Waste Sites. State hazardous waste site records are the states' equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. Available information varies by state. Date of Government Version: 11/19/2014 Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 12/17/2014 Telephone: 919 - 508 -8400 Date Made Active in Reports: 01/21/2015 Last EDR Contact: 12/17/2014 Number of Days to Update: 35 Next Scheduled EDR Contact: 03/30/2015 Data Release Frequency: Quarterly State and tribal landfill and /or solid waste disposal site lists SWF /LF: List of Solid Waste Facilities Solid Waste Facilities /Landfill Sites. SWF /LF type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 12/29/2014 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/30/2014 Telephone: 919 - 733 -0692 Date Made Active in Reports: 01/21/2015 Last EDR Contact: 12/30/2014 Number of Days to Update: 22 Next Scheduled EDR Contact: 04/1312015 Data Release Frequency: Semi - Annually OLI: Old Landfill Inventory Old landfill inventory location information. sites). Date of Government Version: 10/10/2014 Date Data Arrived at EDR: 10/22/2014 Date Made Active in Reports: 12/02/2014 Number of Days to Update: 41 State and tribal leaking storage tank lists (Does not include no further action sites and other agency lead Source: Department of Environment & Natural Resources Telephone: 919- 733 -4996 Last EDR Contact: 01/12/2015 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: Varies LUST: Regional UST Database This database contains information obtained from the Regional Offices. It provides a more detailed explanation of current and historic activity for individual sites, as well as what was previously found in the Incident Management Database. Sites in this database with Incident Numbers are considered LUSTS. Date of Government Version: 11/07/2014 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 11/12/2014 Telephone: 919 - 733 -1308 Date Made Active in Reports: 12/05/2014 Last EDR Contact: 11/12/2014 Number of Days to Update: 23 Next Scheduled EDR Contact: 02/23/2015 Data Release Frequency: Quarterly LUST TRUST: State Trust Fund Database This database contains information about incurred while remediating Leaking USTs Date of Government Version: 10/03/2014 Date Data Arrived at EDR: 10/17/2014 Date Made Active in Reports: 12/05/2014 Number of Days to Update: 49 claims against the State Trust Funds for reimbursements for expenses Source: Department of Environment and Natural Resources Telephone: 919- 733 -1315 Last EDR Contact: 01/13/2015 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: Semi - Annually TC4204251.2s Page GR -5 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING LAST: Leaking Aboveground Storage Tanks A listing of leaking aboveground storage tank site locations. Date of Government Version: 11/07/2014 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 11/11/2014 Telephone: 877 - 623 -6748 Date Made Active in Reports: 12/05/2014 Last EDR Contact: 11/11/2014 Number of Days to Update: 24 Next Scheduled EDR Contact: 02/23/2015 Data Release Frequency: Quarterly INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. Date of Government Version: 11/04/2014 Date Data Arrived at EDR: 11/07/2014 Date Made Active in Reports: 11/17/2014 Number of Days to Update: 10 Source: EPA Region 8 Telephone: 303 - 312 -6271 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Quarterly INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Iowa, Kansas, and Nebraska Date of Government Version: 09/23/2014 Date Data Arrived at EDR: 11/25/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 65 Source: EPA Region 7 Telephone: 913 - 551 -7003 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version: 02/01/2013 Date Data Arrived at EDR: 05/01/2013 Date Made Active in Reports: 11/01/2013 Number of Days to Update: 184 Source: EPA Region 1 Telephone: 617- 918 -1313 Last EDR Contact: 01/30/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 07/30/2014 Date Data Arrived at EDR: 08/12/2014 Date Made Active in Reports: 08/22/2014 Number of Days to Update: 10 Source: EPA Region 4 Telephone: 404 - 562 -8677 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Semi - Annually INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Arizona, California, New Mexico and Nevada Date of Government Version: 01/08/2015 Date Data Arrived at EDR: 01/08/2015 Date Made Active in Reports: 02/09/2015 Number of Days to Update: 32 Source: Environmental Protection Agency Telephone: 415- 972 -3372 Last EDR Contact: 01/08/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Quarterly INDIAN LUST R5: Leaking Underground Storage Tanks on Indian Land Leaking underground storage tanks located on Indian Land in Michigan, Minnesota and Wisconsin. Date of Government Version: 11/03/2014 Date Data Arrived at EDR: 11/05/2014 Date Made Active in Reports: 11/17/2014 Number of Days to Update: 12 Source: EPA, Region 5 Telephone: 312- 886 -7439 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies TC4204251.2s Page GR -6 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in New Mexico and Oklahoma. Date of Government Version: 10/06/2014 Date Data Arrived at EDR: 10/29/2014 Date Made Active in Reports: 11/17/2014 Number of Days to Update: 19 Source: EPA Region 6 Telephone: 214-665-6597 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTS on Indian land in Alaska, Idaho, Oregon and Washington. Date of Government Version: 11/10/2014 Date Data Arrived at EDR: 11/14/2014 Date Made Active in Reports: 02/09/2015 Number of Days to Update: 87 State and tribal registered storage tank lists Source: EPA Region 10 Telephone: 206 - 553 -2857 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Quarterly UST: Petroleum Underground Storage Tank Database Registered Underground Storage Tanks. UST's are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) and must be registered with the state department responsible for administering the UST program. Available information varies by state program. Date of Government Version: 11/07/2014 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 11/12/2014 Telephone: 919 - 733 -1308 Date Made Active in Reports: 12/05/2014 Last EDR Contact: 11/12/2014 Number of Days to Update: 23 Next Scheduled EDR Contact: 02/23/2015 Data Release Frequency: Quarterly AST: AST Database Facilities with aboveground storage tanks that have a capacity greater than 21,000 gallons. Date of Government Version: 12/18/2014 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/22/2014 Telephone: 919 - 715 -6183 Date Made Active in Reports: 01/20/2015 Last EDR Contact: 12/18/2014 Number of Days to Update: 29 Next Scheduled EDR Contact: 04/06/2015 Data Release Frequency: Semi - Annually INDIAN UST R1: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and ten Tribal Nations). Date of Government Version: 02/01/2013 Date Data Arrived at EDR: 05/01/2013 Date Made Active in Reports: 01/27/2014 Number of Days to Update: 271 Source: EPA, Region 1 Telephone: 617- 918 -1313 Last EDR Contact: 01/30/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies INDIAN UST R4: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Tribal Nations) Date of Government Version: 07/30/2014 Date Data Arrived at EDR: 08/12/2014 Date Made Active in Reports: 08/22/2014 Number of Days to Update: 10 Source: EPA Region 4 Telephone: 404 - 562 -9424 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Semi - Annually TC4204251.2s Page GR -7 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN UST R5: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 5 (Michigan, Minnesota and Wisconsin and Tribal Nations). Date of Government Version: 11/03/2014 Date Data Arrived at EDR: 11/05/2014 Date Made Active in Reports: 11/17/2014 Number of Days to Update: 12 Source: EPA Region 5 Telephone: 312- 886 -6136 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies INDIAN UST R6: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 6 (Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes). Date of Government Version: 10/06/2014 Date Data Arrived at EDR: 10/29/2014 Date Made Active in Reports: 11/06/2014 Number of Days to Update: 8 Source: EPA Region 6 Telephone: 214 - 665 -7591 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Semi - Annually INDIAN UST R8: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations). Date of Government Version: 11/04/2014 Date Data Arrived at EDR: 11/07/2014 Date Made Active in Reports: 11/17/2014 Number of Days to Update: 10 Source: EPA Region 8 Telephone: 303 - 312 -6137 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Quarterly INDIAN UST R9: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 9 (Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations). Date of Government Version: 11/13/2014 Date Data Arrived at EDR: 11/18/2014 Date Made Active in Reports: 02/09/2015 Number of Days to Update: 83 Source: EPA Region 9 Telephone: 415- 972 -3368 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Quarterly INDIAN UST R10: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 10 (Alaska, Idaho, Oregon, Washington, and Tribal Nations). Date of Government Version: 11/10/2014 Date Data Arrived at EDR: 11/14/2014 Date Made Active in Reports: 02/09/2015 Number of Days to Update: 87 Source: EPA Region 10 Telephone: 206 - 553 -2857 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Quarterly INDIAN UST R7: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 7 (Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations). Date of Government Version: 09/23/2014 Date Data Arrived at EDR: 11/25/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 65 Source: EPA Region 7 Telephone: 913 - 551 -7003 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies TC4204251.2s Page GR -8 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING FEMA UST: Underground Storage Tank Listing A listing of all FEMA owned underground storage tanks. Date of Government Version: 01/01/2010 Date Data Arrived at EDR: 02/16/2010 Date Made Active in Reports: 04/12/2010 Number of Days to Update: 55 Source: FEMA Telephone: 202 - 646 -5797 Last EDR Contact: 01/12/2015 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: Varies State and tribal institutional control /engineering control registries INST CONTROL: No Further Action Sites With Land Use Restrictions Monitoring A land use restricted site is a property where there are limits or requirements on future use of the property due to varying levels of cleanup possible, practical, or necessary at the site. Date of Government Version: 11/19/2014 Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 12/17/2014 Telephone: 919 - 508 -8400 Date Made Active in Reports: 01/21/2015 Last EDR Contact: 12/17/2014 Number of Days to Update: 35 Next Scheduled EDR Contact: 03/30/2015 Data Release Frequency: Quarterly State and tribal voluntary cleanup sites VCP: Responsible Party Voluntary Action Sites Responsible Party Voluntary Action site locations. Date of Government Version: 11/19/2014 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/17/2014 Telephone: 919 - 508 -8400 Date Made Active in Reports: 01/21/2015 Last EDR Contact: 12/17/2014 Number of Days to Update: 35 Next Scheduled EDR Contact: 03/30/2015 Data Release Frequency: Semi - Annually INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 09/29/2014 Date Data Arrived at EDR: 10/01/2014 Date Made Active in Reports: 11/06/2014 Number of Days to Update: 36 Source: EPA, Region 1 Telephone: 617- 918 -1102 Last EDR Contact: 12/31/2014 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Varies INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located in Region 7. Date of Government Version: 03/20/2008 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/19/2008 Number of Days to Update: 27 State and tribal Brownfields sites Source: EPA, Region 7 Telephone: 913 - 551 -7365 Last EDR Contact: 04/20/2009 Next Scheduled EDR Contact: 07/20/2009 Data Release Frequency: Varies BROWNFIELD& Brownfields Projects Inventory A brownfield site is an abandoned, idled, or underused property where the threat of environmental contamination has hindered its redevelopment. All of the sites in the inventory are working toward a brownfield agreement for cleanup and liabitliy control. Date of Government Version: 12/01/2014 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 01/08/2015 Telephone: 919 - 733 -4996 Date Made Active in Reports: 01/21/2015 Last EDR Contact: 01/08/2015 Number of Days to Update: 13 Next Scheduled EDR Contact: 04/20/2015 Data Release Frequency: Varies TC4204251.2s Page GR -9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS: A Listing of Brownfields Sites Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment. Assessment, Cleanup and Redevelopment Exchange System (ACRES) stores information reported by EPA Brownfields grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on Targeted Brownfields Assessments performed by EPA Regions. A listing of ACRES Brownfield sites is obtained from Cleanups in My Community. Cleanups in My Community provides information on Brownfields properties for which information is reported back to EPA, as well as areas served by Brownfields grant programs. Date of Government Version: 12/22/2014 Date Data Arrived at EDR: 12/22/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 38 Source: Environmental Protection Agency Telephone: 202 - 566 -2777 Last EDR Contact: 12/22/2014 Next Scheduled EDR Contact: 04/06/2015 Data Release Frequency: Semi - Annually Local Lists of Landfill/ Solid Waste Disposal Sites DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County, California. Date of Government Version: 01/12/2009 Date Data Arrived at EDR: 05/07/2009 Date Made Active in Reports: 09/21/2009 Number of Days to Update: 137 Source: EPA, Region 9 Telephone: 415- 947 -4219 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: No Update Planned ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Date of Government Version: 06/30/1985 Date Data Arrived at EDR: 08/09/2004 Date Made Active in Reports: 09/17/2004 Number of Days to Update: 39 HIST LF: Solid Waste Facility Listing A listing of solid waste facilities. Date of Government Version: 11/06/2006 Date Data Arrived at EDR: 02/13/2007 Date Made Active in Reports: 03/02/2007 Number of Days to Update: 17 SWRCY: Recycling Center Listing A listing of recycling center locations. Date of Government Version: 11/11/2014 Date Data Arrived at EDR: 11/14/2014 Date Made Active in Reports: 12/08/2014 Number of Days to Update: 24 Source: Environmental Protection Agency Telephone: 800 - 424 -9346 Last EDR Contact: 06/09/2004 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned Source: Department of Environment & Natural Resources Telephone: 919-733-0692 Last EDR Contact: 01/19/2009 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Quarterly Source: Department of Environment & Natural Resources Telephone: 919 -707 -8137 Last EDR Contact: 02/02/2015 Next Scheduled EDR Contact: 05/18/2015 Data Release Frequency: Varies TC4204251.2s Page GR -10 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN ODI: Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. Date of Government Version: 12/31/1998 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 52 Source: Environmental Protection Agency Telephone: 703-308-8245 Last EDR Contact: 02/02/2015 Next Scheduled EDR Contact: 05/18/2015 Data Release Frequency: Varies Local Lists of Hazardous waste/ Contaminated Sites US CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ( "the Department ") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 11/10/2014 Date Data Arrived at EDR: 12/01/2014 Date Made Active in Reports: 02/09/2015 Number of Days to Update: 70 Source: Drug Enforcement Administration Telephone: 202 - 307 -1000 Last EDR Contact: 11/25/2014 Next Scheduled EDR Contact: 03/16/2015 Data Release Frequency: Quarterly US HIST CDL: National Clandestine Laboratory Register A listing of clandestine drug lab locations. The U.S. Department of Justice ( "the Department ") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 11/10/2014 Date Data Arrived at EDR: 12/01/2014 Date Made Active in Reports: 02/09/2015 Number of Days to Update: 70 Local Land Records Source: Drug Enforcement Administration Telephone: 202 - 307 -1000 Last EDR Contact: 11/25/2014 Next Scheduled EDR Contact: 03/16/2015 Data Release Frequency: No Update Planned LIENS 2: CERCLA Lien Information A Federal CERCLA (' Superfund') lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. Date of Government Version: 02/18/2014 Date Data Arrived at EDR: 03/18/2014 Date Made Active in Reports: 04/24/2014 Number of Days to Update: 37 Records of Emergency Release Reports Source: Environmental Protection Agency Telephone: 202 - 564 -6023 Last EDR Contact: 01/30/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 09/30/2014 Date Data Arrived at EDR: 10/01/2014 Date Made Active in Reports: 11/06/2014 Number of Days to Update: 36 Source: U.S. Department of Transportation Telephone: 202-366-4555 Last EDR Contact: 12/30/2014 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Annually TC4204251.2s Page GR -11 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING IMD: Incident Management Database Groundwater and /or soil contamination incidents Date of Government Version: 07/21/2006 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 08/01/2006 Telephone: 919 - 733 -3221 Date Made Active in Reports: 08/23/2006 Last EDR Contact: 07/01/2011 Number of Days to Update: 22 Next Scheduled EDR Contact: 10/17/2011 Data Release Frequency: No Update Planned SPILLS: Spills Incident Listing A listing spills, hazardous material releases, sanitary sewer overnows, wastewater treatment plant bypasses and upsets, citizen complaints, and any other environmental emergency calls reported to the agency. Date of Government Version: 12/17/2014 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/19/2014 Telephone: 919 - 807 -6308 Date Made Active in Reports: 01/21/2015 Last EDR Contact: 12/12/2014 Number of Days to Update: 33 Next Scheduled EDR Contact: 03/30/2015 Data Release Frequency: Varies SPILLS 90: SPILLS90 data from FirstSearch Spills 90 includes those spill and release records available exclusively from FirstSearch databases. Typically, they may include chemical, oil and /or hazardous substance spills recorded after 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 90. Date of Government Version: 09/27/2012 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned SPILLS 80: SPILLS80 data from FirstSearch Spills 80 includes those spill and release records available from FirstSearch databases prior to 1990. Typically, they may include chemical, oil and /or hazardous substance spills recorded before 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 80. Date of Government Version: 06/14/2001 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Other Ascertainable Records Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned RCRA NonGen / NLR: RCRA - Non Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and /or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non - Generators do not presently generate hazardous waste. Date of Government Version: 12/09/2014 Date Data Arrived at EDR: 12/29/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 31 Source: Environmental Protection Agency Telephone: (404) 562 -8651 Last EDR Contact: 12/29/2014 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Varies DOT OPS: Incident and Accident Data Department of Transporation, Office of Pipeline Safety Incident and Accident data. TC4204251.2s Page GR -12 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 07/31/2012 Source: Department of Transporation, Office of Pipeline Safety Date Data Arrived at EDR: 08/07/2012 Telephone: 202 - 366 -4595 Date Made Active in Reports: 09/18/2012 Last EDR Contact: 02/03/2015 Number of Days to Update: 42 Next Scheduled EDR Contact: 05/18/2015 Data Release Frequency: Varies DOD: Department of Defense Sites This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 11/10/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 62 Source: USGS Telephone: 888 - 275 -8747 Last EDR Contact: 01/15/2015 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: Semi - Annually FUDS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version: 06/06/2014 Date Data Arrived at EDR: 09/10/2014 Date Made Active in Reports: 09/18/2014 Number of Days to Update: 8 Source: U.S. Army Corps of Engineers Telephone: 202 - 528 -4285 Last EDR Contact: 12/12/2014 Next Scheduled EDR Contact: 03/2312015 Data Release Frequency: Varies CONSENT: Superfund (CERCLA) Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version: 12/31/2013 Source: Department of Justice, Consent Decree Library Date Data Arrived at EDR: 01/24/2014 Telephone: Varies Date Made Active in Reports: 02/24/2014 Last EDR Contact: 12/24/2014 Number of Days to Update: 31 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Varies ROD: Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 11/25/2013 Date Data Arrived at EDR: 12/12/2013 Date Made Active in Reports: 02/24/2014 Number of Days to Update: 74 Source: EPA Telephone: 703 - 416 -0223 Last EDR Contact: 12/12/2014 Next Scheduled EDR Contact: 03/23/2015 Data Release Frequency: Annually UMTRA: Uranium Mill Tailings Sites Uranium ore was mined by private companies for federal government use in national defense programs. When the mills shut down, large piles of the sand -like material (mill tailings) remain after uranium has been extracted from the ore. Levels of human exposure to radioactive materials from the piles are low; however, in some cases tailings were used as construction materials before the potential health hazards of the tailings were recognized. Date of Government Version: 09/14/2010 Date Data Arrived at EDR: 10/07/2011 Date Made Active in Reports: 03/01/2012 Number of Days to Update: 146 Source: Department of Energy Telephone: 505 - 845 -0011 Last EDR Contact: 11/26/2014 Next Scheduled EDR Contact: 03/09/2015 Data Release Frequency: Varies US MINES: Mines Master Index File Contains all mine identification numbers issued for mines active or opened since 1971. The data also includes violation information. TC4204251.2s Page GR -13 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 12/30/2014 Source: Department of Labor, Mine Safety and Health Administration Date Data Arrived at EDR: 12/31/2014 Telephone: 303 - 231 -5959 Date Made Active in Reports: 01/29/2015 Last EDR Contact: 12/30/2014 Number of Days to Update: 29 Next Scheduled EDR Contact: 03/16/2015 Data Release Frequency: Semi - Annually TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12/31/2011 Date Data Arrived at EDR: 07/31/2013 Date Made Active in Reports: 09/13/2013 Number of Days to Update: 44 Source: EPA Telephone: 202 - 566 -0250 Last EDR Contact: 01/29/2015 Next Scheduled EDR Contact: 03/09/2015 Data Release Frequency: Annually TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2012 Date Data Arrived at EDR: 01/15/2015 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 14 Source: EPA Telephone: 202 - 260 -5521 Last EDR Contact: 12/22/2014 Next Scheduled EDR Contact: 04/06/2015 Data Release Frequency: Every 4 Years FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act) /TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right -to -Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/09/2009 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Date Data Arrived at EDR: 04/16/2009 Telephone: 202 - 566 -1667 Date Made Active in Reports: 05/11/2009 Last EDR Contact: 11/19/2014 Number of Days to Update: 25 Next Scheduled EDR Contact: 03/09/2015 Data Release Frequency: Quarterly FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act) /TSCA (Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements. Date of Government Version: 04/09/2009 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA Telephone: 202 - 566 -1667 Last EDR Contact: 11/19/2014 Next Scheduled EDR Contact: 03/09/2015 Data Release Frequency: Quarterly HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing A complete administrative case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202 - 564 -2501 Last EDR Contact: 12/17/2007 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned TC4204251.2s Page GR -14 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection & Enforcement Case Listing A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202 - 564 -2501 Last EDR Contact: 12/17/2008 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide - producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 12/31/2009 Date Data Arrived at EDR: 12/10/2010 Date Made Active in Reports: 02/25/2011 Number of Days to Update: 77 Source: EPA Telephone: 202 - 564 -4203 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Annually [CIS: Integrated Compliance Information System The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES) program. Date of Government Version: 07/31/2014 Date Data Arrived at EDR: 10/29/2014 Date Made Active in Reports: 11/06/2014 Number of Days to Update: 8 Source: Environmental Protection Agency Telephone: 202 - 564 -5088 Last EDR Contact: 01/09/2015 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: Quarterly PADS: PCB Activity Database System PCB Activity Database. PADS Identifies generators, transporters, commercial storers and /or brokers and disposers of PCB's who are required to notify the EPA of such activities. Date of Government Version: 07/01/2014 Date Data Arrived at EDR: 10/15/2014 Date Made Active in Reports: 11/17/2014 Number of Days to Update: 33 Source: EPA Telephone: 202 - 566 -0500 Last EDR Contact: 01/16/2015 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: Annually MLTS: Material Licensing Tracking System MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 12/29/2014 Date Data Arrived at EDR: 01/08/2015 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 21 Source: Nuclear Regulatory Commission Telephone: 301 - 415 -7169 Last EDR Contact: 12/04/2014 Next Scheduled EDR Contact: 03/23/2015 Data Release Frequency: Quarterly RADINFO: Radiation Information Database The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S. Environmental Protection Agency (EPA) regulations for radiation and radioactivity. TC4204251.2s Page GR -15 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/07/2014 Date Data Arrived at EDR: 10/08/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 12 Source: Environmental Protection Agency Telephone: 202-343-9775 Last EDR Contact: 01/08/2015 Next Scheduled EDR Contact: 04/20/2015 Data Release Frequency: Quarterly FINDS: Facility Index System /Facility Registry System Facility Index System. FINDS contains both facility information and 'pointers' to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C- DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 08/16/2014 Date Data Arrived at EDR: 09/10/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 40 Source: EPA Telephone: (404) 562 -9900 Last EDR Contact: 12/09/2014 Next Scheduled EDR Contact: 03/23/2015 Data Release Frequency: Quarterly RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/1995 Date Data Arrived at EDR: 07/03/1995 Date Made Active in Reports: 08/07/1995 Number of Days to Update: 35 Source: EPA Telephone: 202 - 564 -4104 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned RMP: Risk Management Plans When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst -case and alternative accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g the fire department) should an accident occur. Date of Government Version: 08/01/2014 Date Data Arrived at EDR: 08/12/2014 Date Made Active in Reports: 11/06/2014 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: 202 - 564 -8600 Last EDR Contact: 01/26/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies BRS: Biennial Reporting System The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/2011 Date Data Arrived at EDR: 02/26/2013 Date Made Active in Reports: 04/19/2013 Number of Days to Update: 52 Source: EPA/NTIS Telephone: 800 - 424 -9346 Last EDR Contact: 11/26/2014 Next Scheduled EDR Contact: 03/09/2015 Data Release Frequency: Biennially TC4204251.2s Page GR -16 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING UIC: Underground Injection Wells Listing A listing of uncerground injection wells locations. Date of Government Version: 11/12/2014 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 11/14/2014 Telephone: 919 - 807 -6412 Date Made Active in Reports: 12/08/2014 Last EDR Contact: 02/09/2015 Number of Days to Update: 24 Next Scheduled EDR Contact: 05/25/2015 Data Release Frequency: Varies DRYCLEANERS: Drycleaning Sites Potential and known drycleaning sites, active and abandoned, that the Drycleaning Solvent Cleanup Program has knowledge of and entered into this database. Date of Government Version: 11/17/2014 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/23/2014 Telephone: 919 - 508 -8400 Date Made Active in Reports: 01/21/2015 Last EDR Contact: 12/23/2014 Number of Days to Update: 29 Next Scheduled EDR Contact: 04/06/2015 Data Release Frequency: Varies NPDES: NPDES Facility Location Listing General information regarding NPDES(National Pollutant Discharge Elimination System) permits. Date of Government Version: 11/05/2014 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 11/07/2014 Telephone: 919 - 733 -7015 Date Made Active in Reports: 12/15/2014 Last EDR Contact: 02/02/2015 Number of Days to Update: 38 Next Scheduled EDR Contact: 05/18/2015 Data Release Frequency: Varies INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 12/08/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 34 Source: USGS Telephone: 202 - 208 -3710 Last EDR Contact: 01/15/2015 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: Semi - Annually SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas, Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin. Date of Government Version: 03/07/2011 Date Data Arrived at EDR: 03/09/2011 Date Made Active in Reports: 05/02/2011 Number of Days to Update: 54 Source: Environmental Protection Agency Telephone: 615- 532 -8599 Last EDR Contact: 11/18/2014 Next Scheduled EDR Contact: 02/02/2015 Data Release Frequency: Varies PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version: 10/25/2013 Date Data Arrived at EDR: 10/17/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 3 Source: EPA Telephone: 202 - 564 -6023 Last EDR Contact: 12/29/2015 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Quarterly TC4204251.2s Page GR -17 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING LEAD SMELTER 2: Lead Smelter Sites A list of several hundred sites in the U.S. where secondary lead smelting was done from 1931 and 1964. These sites may pose a threat to public health through ingestion or inhalation of contaminated soil or dust Date of Government Version: 04/05/2001 Date Data Arrived at EDR: 10/27/2010 Date Made Active in Reports: 12/02/2010 Number of Days to Update: 36 Source: American Journal of Public Health Telephone: 703 - 305 -6451 Last EDR Contact: 12/02/2009 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned 2020 COR ACTION: 2020 Corrective Action Program List The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action Universe. This RCRA cleanup baseline includes facilities expected to need corrective action. The 2020 universe contains a wide variety of sites. Some properties are heavily contaminated while others were contaminated but have since been cleaned up. Still others have not been fully investigated yet, and may require little or no remediation. Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations. Date of Government Version: 11/11/2011 Date Data Arrived at EDR: 05/18/2012 Date Made Active in Reports: 05/25/2012 Number of Days to Update: 7 LEAD SMELTER 1: Lead Smelter Sites A listing of former lead smelter site locations. Date of Government Version: 11/25/2014 Date Data Arrived at EDR: 11/26/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 64 Source: Environmental Protection Agency Telephone: 703 - 308 -4044 Last EDR Contact: 11/14/2014 Next Scheduled EDR Contact: 02/23/2015 Data Release Frequency: Varies Source: Environmental Protection Agency Telephone: 703 - 603 -8787 Last EDR Contact: 01/05/2015 Next Scheduled EDR Contact: 04/20/2015 Data Release Frequency: Varies EPA WATCH LIST: EPA WATCH LIST EPA maintains a "Watch List' to facilitate dialogue between EPA, state and local environmental agencies on enforcement matters relating to facilities with alleged violations identified as either significant or high priority. Being on the Watch List does not mean that the facility has actually violated the law only that an investigation by EPA or a state or local environmental agency has led those organizations to allege that an unproven violation has in fact occurred. Being on the Watch List does not represent a higher level of concern regarding the alleged violations that were detected, but instead indicates cases requiring additional dialogue between EPA, state and local agencies - primarily because of the length of time the alleged violation has gone unaddressed or unresolved. Date of Government Version: 08/30/2013 Date Data Arrived at EDR: 03/21/2014 Date Made Active in Reports: 06/17/2014 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 617- 520 -3000 Last EDR Contact: 02/09/2015 Next Scheduled EDR Contact: 05/25/2015 Data Release Frequency: Quarterly US FIN ASSUR: Financial Assurance Information All owners and operators of facilities that treat, store, or dispose of hazardous waste are required to provide proof that they will have sufficient funds to pay for the clean up, closure, and post - closure care of their facilities. Date of Government Version: 11/19/2014 Date Data Arrived at EDR: 11/21/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 69 Source: Environmental Protection Agency Telephone: 202 - 566 -1917 Last EDR Contact: 11/11/2014 Next Scheduled EDR Contact: 03/02/2015 Data Release Frequency: Quarterly Financial Assurance 2: Financial Assurance Information Listing Information for solid waste facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post - closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. TC4204251.2s Page GR -18 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/02/2012 Source: Department of Environmental & Natural Resources Date Data Arrived at EDR: 10/03/2012 Telephone: 919 - 508 -8496 Date Made Active in Reports: 10/26/2012 Last EDR Contact: 01/16/2015 Number of Days to Update: 23 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Varies Financial Assurance 3: Financial Assurance Information Hazardous waste financial assurance information. Date of Government Version: 09/19/2014 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 09/19/2014 Telephone: 919 - 707 -8222 Date Made Active in Reports: 10/14/2014 Last EDR Contact: 12/12/2014 Number of Days to Update: 25 Next Scheduled EDR Contact: 03/30/2015 Data Release Frequency: Varies FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land, Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management, Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 02/06/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 339 Source: U.S. Geological Survey Telephone: 888-275-8747 Last EDR Contact: 01/15/2015 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: N/A US AIRS (AFS): Aerometric Information Retrieval System Facility Subsystem (AFS) The database is a sub - system of Aerometric Information Retrieval System (AIRS). AFS contains compliance data on air pollution point sources regulated by the U.S. EPA and /or state and local air regulatory agencies. This information comes from source reports by various stationary sources of air pollution, such as electric power plants, steel mills, factories, and universities, and provides information about the air pollutants they produce. Action, air program, air program pollutant, and general level plant data. It is used to track emissions and compliance data from industrial plants. Date of Government Version: 10/16/2014 Date Data Arrived at EDR: 10/31/2014 Date Made Active in Reports: 11/17/2014 Number of Days to Update: 17 US AIRS MINOR: Air Facility System Data A listing of minor source facilities. Date of Government Version: 10/16/2014 Date Data Arrived at EDR: 10/31/2014 Date Made Active in Reports: 11/17/2014 Number of Days to Update: 17 Source: EPA Telephone: 202 - 564 -2496 Last EDR Contact: 02/06/2015 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Annually Source: EPA Telephone: 202 - 564 -2496 Last EDR Contact: 02/06/2015 Next Scheduled EDR Contact: 04/13/2015 Data Release Frequency: Annually Financial Assurance 1: Financial Assurance Information Listing A listing of financial assurance information for underground storage tank facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post - closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 12/23/2014 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/24/2014 Telephone: 919 - 733 -1322 Date Made Active in Reports: 01/21/2015 Last EDR Contact: 02/09/2015 Number of Days to Update: 28 Next Scheduled EDR Contact: 05/25/2015 Data Release Frequency: Quarterly TC4204251.2s Page GR -19 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING PCB TRANSFORMER: PCB Transformer Registration Database The database of PCB transformer registrations that includes all PCB registration submittals. Date of Government Version: 02/01/2011 Date Data Arrived at EDR: 10/19/2011 Date Made Active in Reports: 01/10/2012 Number of Days to Update: 83 Source: Environmental Protection Agency Telephone: 202-566-0517 Last EDR Contact: 01/30/2015 Next Scheduled EDR Contact: 05/11/2015 Data Release Frequency: Varies COAL ASH EPA: Coal Combustion Residues Surface Impoundments List A listing of coal combustion residues surface impoundments with high hazard potential ratings. Date of Government Version: 07/01/2014 Date Data Arrived at EDR: 09/10/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: N/A Last EDR Contact: 12/12/2014 Next Scheduled EDR Contact: 03/23/2015 Data Release Frequency: Varies COAL ASH: Coal Ash Disposal Sites A listing of coal combustion products distribution permits issued by the Division for the treatment, storage, transportation, use and disposal of coal combustion products. Date of Government Version: 12/31/2007 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 08/04/2009 Telephone: 919 - 807 -6359 Date Made Active in Reports: 08/17/2009 Last EDR Contact: 02/02/2015 Number of Days to Update: 13 Next Scheduled EDR Contact: 05/18/2015 Data Release Frequency: Varies COAL ASH DOE: Sleam- Electric Plan Operation Data A listing of power plants that store ash in surface ponds. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 08/07/2009 Date Made Active in Reports: 10/22/2009 Number of Days to Update: 76 EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records Source: Department of Energy Telephone: 202 - 586 -8719 Last EDR Contact: 01/15/2015 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: Varies EDR MGP: EDR Proprietary Manufactured Gas Plants The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants (manufactured gas plants) compiled by EDR's researchers. Manufactured gas sites were used in the United States from the 1800's to 1950's to produce a gas that could be distributed and used as fuel. These plants used whale oil, rosin, coal, or a mixture of coal, oil, and water that also produced a significant amount of waste. Many of the byproducts of the gas production, such as coal tar (oily waste containing volatile and non - volatile chemicals), sludges, oils and other compounds are potentially hazardous to human health and the environment. The byproduct from this process was frequently disposed of directly at the plant site and can remain or spread slowly, serving as a continuous source of soil and groundwater contamination. Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned EDR US Hist Auto Stat: EDR Exclusive Historic Gas Stations EDR has searched selected national collections of business directories and has collected listings of potential gas station /filling station /service station sites that were available to EDR researchers. EDR's review was limited to those categories of sources that might, in EDR's opinion, include gas station /filling station /service station establishments. The categories reviewed included, but were not limited to gas, gas station, gasoline station, filling station, auto, automobile repair, auto service station, service station, etc. This database falls within a category of information EDR classifies as "High Risk Historical Records ", or HRHR. EDR's HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. TC4204251.2s Page GR -20 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR US Hist Cleaners: EDR Exclusive Historic Dry Cleaners EDR has searched selected national collections of business directories and has collected listings of potential dry cleaner sites that were available to EDR researchers. EDR's review was limited to those categories of sources that might, in EDR's opinion, include dry cleaning establishments. The categories reviewed included, but were not limited to dry cleaners, cleaners, laundry, laundromat, cleaning /laundry, wash & dry etc. This database falls within a category of information EDR classifies as "High Risk Historical Records ", or HRHR. EDR's HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LUST: Recovered Government Archive Leaking Underground Storage Tank The EDR Recovered Government Archive Leaking Underground Storage Tank database provides a list of LUST incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 12/20/2013 Last EDR Contact: 06/01/2012 Number of Days to Update: 172 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA HWS: Recovered Government Archive State Hazardous Waste Facilities List The EDR Recovered Government Archive State Hazardous Waste database provides a list of SHWS incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 12/24/2013 Last EDR Contact: 06/01/2012 Number of Days to Update: 176 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LF: Recovered Government Archive Solid Waste Facilities List The EDR Recovered Government Archive Landfill database provides a list of landfills derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 01/13/2014 Last EDR Contact: 06/01/2012 Number of Days to Update: 196 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies TC4204251.2s Page GR -21 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING OTHER DATABASE(S) Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. CT MANIFEST: Hazardous Waste Manifest Data Facility and manifest data. Manifest is a doci transporters to a tsd facility. Date of Government Version: 07/30/2013 Date Data Arrived at EDR: 08/19/2013 Date Made Active in Reports: 10/03/2013 Number of Days to Update: 45 NJ MANIFEST: Manifest Information Hazardous waste manifest information. iment that lists and tracks hazardous waste from the generator through Source: Department of Energy & Environmental Protection Telephone: 860 - 424 -3375 Last EDR Contact: 11/17/2014 Next Scheduled EDR Contact: 03/02/2015 Data Release Frequency: No Update Planned Date of Government Version: 12/31/2011 Source: Department of Environmental Protection Date Data Arrived at EDR: 07/19/2012 Telephone: N/A Date Made Active in Reports: 08/28/2012 Last EDR Contact: 01/12/2015 Number of Days to Update: 40 Next Scheduled EDR Contact: 04/27/2015 Data Release Frequency: Annually NY MANIFEST: Facility and Manifest Data Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD facility. Date of Government Version: 11/01/2014 Source: Department of Environmental Conservation Date Data Arrived at EDR: 11/05/2014 Telephone: 518 - 402 -8651 Date Made Active in Reports: 11/24/2014 Last EDR Contact: 02/04/2015 Number of Days to Update: 19 Next Scheduled EDR Contact: 05/18/2015 Data Release Frequency: Annually PA MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2013 Source: Department of Environmental Protection Date Data Arrived at EDR: 07/21/2014 Telephone: 717 - 783 -8990 Date Made Active in Reports: 08/25/2014 Last EDR Contact: 01/19/2015 Number of Days to Update: 35 Next Scheduled EDR Contact: 05/04/2015 Data Release Frequency: Annually RI MANIFEST: Manifest information Hazardous waste manifest information Date of Government Version: 12/31/2013 Source: Department of Environmental Management Date Data Arrived at EDR: 07/15/2014 Telephone: 401- 222 -2797 Date Made Active in Reports: 08/13/2014 Last EDR Contact: 11/26/2014 Number of Days to Update: 29 Next Scheduled EDR Contact: 03/09/2015 Data Release Frequency: Annually WI MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2013 Date Data Arrived at EDR: 06/20/2014 Date Made Active in Reports: 08/07/2014 Number of Days to Update: 48 Source: Department of Natural Resources Telephone: N/A Last EDR Contact: 12/12/2014 Next Scheduled EDR Contact: 03/30/2015 Data Release Frequency: Annually TC4204251.2s Page GR -22 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Oil /Gas Pipelines: This data was obtained by EDR from the USGS in 1994. It is referred to by USGS as GeoData Digital Line Graphs from 1:100,000 -Scale Maps. It was extracted from the transportation category including some oil, but primarily gas pipelines. Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located. AHA Hospitals: Source: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association's annual survey of hospitals. Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410- 786 -3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services, a federal agency within the U.S. Department of Health and Human Services. Nursing Homes Source: National Institutes of Health Telephone: 301 - 594 -6248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. Private Schools Source: National Center for Education Statistics Telephone: 202 - 502 -7300 The National Center for Education Statistics' primary database on private school locations in the United States. Daycare Centers: Child Care Facility List Source: Department of Health & Human Services Telephone: 919- 662 -4499 Flood Zone Data: This data, available in select counties across the country, was obtained by EDR in 2003 & 2011 from the Federal Emergency Management Agency (FEMA). Data depicts 100 -year and 500 -year flood zones as defined by FEMA. NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service. State Wetlands Data: Wetlands Inventory Source: Department of Environment & Natural Resources Telephone: 919- 733 -2090 Scanned Digital USGS 7.5' Topographic Map (DRG) Source: United States Geologic Survey A digital raster graphic (DRG) is a scanned image of a U.S. Geological Survey topographic map. The map images are made by scanning published paper maps on high - resolution scanners. The raster image is georeferenced and fit to the Universal Transverse Mercator (UTM) projection. TC4204251.2s Page GR -23 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING STREET AND ADDRESS INFORMATION © 2010 Tele Atlas North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC4204251.2s Page GR -24 GEOCHECK ® - PHYSICAL SETTING SOURCE ADDENDUM TARGET PROPERTY ADDRESS HALF -MILE BRANCH BANK PARCEL 2175 OLD SMITHFIELD RD. GOLDSBORO, NC 27530 TARGET PROPERTY COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: USGS TOPOGRAPHIC MAP Target Property Map: Most Recent Revision: South Map: Most Recent Revision West Map: Most Recent Revision: 35.3853 - 35° 23' 7.08" 78.1112 - 78° 6'40.32" Zone 17 762409.2 3919406.5 74 ft. above sea level 35078 -D1 NORTHWEST GOLDSBORO, NC 2001 35078 -C1 SOUTHWEST GOLDSBORO, NC 2001 35078 -D2 PRINCETON, NC 1974 EDR's GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in forming an opinion about the impact of potential contaminant migration. Assessment of the impact of contaminant migration generally has two principal investigative components: 1. Groundwater flow direction, and 2. Groundwater flow velocity. Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the geologic strata. TC4204251.2s Page A -1 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER FLOW DIRECTION INFORMATION Groundwater flow direction for a particular site is best determined by a qualified environmental professional using site - specific well data. If such data is not reasonably ascertainable, it may be necessary to rely on other sources of information, such as surface topographic information, hydrologic information, hydrogeologic data collected on nearby properties, and regional groundwater flow information (from deep aquifers). TOPOGRAPHIC INFORMATION Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. TARGET PROPERTY TOPOGRAPHY General Topographic Gradient: General SSW SURROUNDING TOPOGRAPHY: ELEVATION PROFILES c 0 W - -� A N A N N W Of T J North I South TIP C 0 W ��- West TIP Target Property Elevation: 74 ft. East 1/2 1 Miles Source: Topography has been determined from the USGS 7.5' Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. TC4204251.2s Page A -2 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY HYDROLOGIC INFORMATION Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways and bodies of water). FEMA FLOOD ZONE Target Property County WAYNE, NC Flood Plain Panel at Target Property: Additional Panels in search area: NATIONAL WETLAND INVENTORY NWI Quad at Target Property NORTHWEST GOLDSBORO HYDROGEOLOGIC INFORMATION FEMA Flood Electronic Data YES - refer to the Overview Map and Detail Map 37191C - FEMA DFIRM Flood data Not Reported NWI Electronic Data Coverage YES - refer to the Overview Map and Detail Map Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. AQUIFLOW® Search Radius: 1.000 Mile. EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory authorities at select sites and has extracted the date of the report, groundwater flow direction as determined hydrogeologically, and the depth to water table. LOCATION GENERAL DIRECTION MAP ID FROM TP GROUNDWATER FLOW Not Reported TC4204251.2s Page A -3 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER FLOW VELOCITY INFORMATION Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes move more quickly through sandy - gravelly types of soils than silty - clayey types of soils. GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY Geologic information can be used by the environmental professional in forming an opinion about the relative speed at which contaminant migration may be occurring. ROCK STRATIGRAPHIC UNIT GEOLOGIC AGE IDENTIFICATION Era: Paleozoic Category: Eugeosynclinal Deposits System: Cambrian Series: Cambrian Code: Ce (decoded above as Era, System & Series) Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - a digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994). DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY The U.S. Department of Agriculture's (USDA) Soil Conservation Service (SCS) leads the National Cooperative Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps. The following information is based on Soil Conservation Service STATSGO data. Soil Component Name: NORFOLK Soil Surface Texture: loamy sand Hydrologic Group: Class B - Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately coarse textures. Soil Drainage Class: Well drained. Soils have intermediate water holding capacity. Depth to water table is more than 6 feet. Hydric Status: Soil does not meet the requirements for a hydric soil. Corrosion Potential - Uncoated Steel: MODERATE Depth to Bedrock Min: > 60 inches Depth to Bedrock Max: > 60 inches TC4204251.2s Page A -4 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY Soil Layer Information Boundary Classification Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Permeability Soil Reaction Rate (in /hr) (pH) 1 0 inches 14 inches loamy sand Granular COARSE - GRAINED Max: 20.00 Max: 6.00 materials (35 SOILS, Sands, Min: 6.00 Min: 3.60 pct. or less Sands with fines, passing No. Silty Sand. 200), Silty, or Clayey Gravel and Sand. 2 14 inches 38 inches sandy loam Granular COARSE - GRAINED Max: 2.00 Max: 5.50 materials (35 SOILS, Sands, Min: 0.60 Min: 3.60 pct. or less Sands with fines, passing No. Clayey sand. 200), Silty, or Clayey Gravel and Sand. 3 38 inches 70 inches sandy clay loam Silt -Clay COARSE - GRAINED Max: 2.00 Max: 5.50 Materials (more SOILS, Sands, Min: 0.60 Min: 3.60 than 35 pct. Sands with fines, passing No. Clayey sand. 200), Silty Soils. 4 70 inches 99 inches variable Not reported Not reported Max: 0.00 Max: 0.00 Min: 0.00 Min: 0.00 OTHER SOIL TYPES IN AREA Based on Soil Conservation Service STATSGO data, the following additional subordinant soil types may appear within the general area of target property. Soil Surface Textures: sandy loam loam mucky - loam Surficial Soil Types: sandy loam loam mucky - loam Shallow Soil Types: fine sandy loam sandy clay loam clay loam Deeper Soil Types: sandy clay loam stratified sandy clay TC4204251.2s Page A -5 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY LOCAL / REGIONAL WATER AGENCY RECORDS EDR Local /Regional Water Agency records provide water well information to assist the environmental professional in assessing sources that may impact ground water flow direction, and in forming an opinion about the impact of contaminant migration on nearby drinking water wells. WELL SEARCH DISTANCE INFORMATION DATABASE SEARCH DISTANCE (miles) Federal USGS 1.000 Federal FRDS PWS Nearest PWS within 1 mile State Database 1.000 FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION MAP ID WELL ID FROM TP No PWS System Found Note: PWS System location is not always the same as well location. STATE DATABASE WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found OTHER STATE DATABASE INFORMATION NORTH CAROLINA NATURAL HERITAGE ELEMENT OCCURRENCES ID Class NC50004874 Animal TC4204251.2s Page A -6 PHYSICAL SETTING SOURCE MAP - 4204251.2s o o o v _ q e / % o C 09 N County Boundary /V Major Roads / / Contour Lines Earthquake epicenter, Richter 5 or greater ® Water Wells © Public Water Supply Wells ® Cluster of Multiple Icons 0 1/4 1/2 1 Miles Groundwater Flow Direction Wildlife Areas CG Indeterminate Groundwater Flow at Location Natural Areas CG v Groundwater Flow Varies at Location o Rare & Endangered Species SITE NAME: Half -Mile Branch Bank Parcel CLIENT: Restoration Systems, LLC ADDRESS: 2175 Old Smithfield Rd. CONTACT: Raymond Holz Goldsboro NC 27530 INQUIRY #: 4204251.2s LAT /LONG: 35.3853 / 78.1112 DATE: February 10, 2015 3:20 pm Copyright ro 2015 EDR, Inc (c 2010 Tale Atlas Rel. 07/2009. GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS Map ID Direction Distance Database EDR ID Number NC_NHEO NC50004874 GISID: 532136 Classification by Type: Animal Occurrence Status: Historic, no evidence of destruction TC4204251.2s Page A -8 GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS RADON AREA RADON INFORMATION Federal EPA Radon Zone for WAYNE County: 3 Note: Zone 1 indoor average level > 4 pCi /L. Zone 2 indoor average level — 2 pCi /L and — 4 pCi /L. Zone 3 indoor average level < 2 pCi /L. Federal Area Radon Information for Zip Code: 27530 Number of sites tested: 1 Area Average Activity % <4 pCi /L % 4 -20 pCi /L % >20 pCi /L Living Area - 1 st Floor 0.600 pCi /L 100% 0% 0% Living Area - 2nd Floor Not Reported Not Reported Not Reported Not Reported Basement Not Reported Not Reported Not Reported Not Reported TC4204251.2s Page A -9 PHYSICAL SETTING SOURCE RECORDS SEARCHED TOPOGRAPHIC INFORMATION USGS 7.5' Digital Elevation Model (DEM) Source: United States Geologic Survey EDR acquired the USGS 7.5' Digital Elevation Model in 2002 and updated it in 2006. The 7.5 minute DEM corresponds to the USGS 1:24,000- and 1:25,000 -scale topographic quadrangle maps. The DEM provides elevation data with consistent elevation units and projection. Scanned Digital USGS 7.5' Topographic Map (DRG) Source: United States Geologic Survey A digital raster graphic (DRG) is a scanned image of a U.S. Geological Survey topographic map. The map images are made by scanning published paper maps on high - resolution scanners. The raster image is georeferenced and fit to the Universal Transverse Mercator (UTM) projection. HYDROLOGIC INFORMATION Flood Zone Data: This data, available in select counties across the country, was obtained by EDR in 2003 & 2011 from the Federal Emergency Management Agency (FEMA). Data depicts 100 -year and 500 -year flood zones as defined by FEMA. NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service. State Wetlands Data: Wetlands Inventory Source: Department of Environment & Natural Resources Telephone: 919- 733 -2090 HYDROGEOLOGIC INFORMATION AQUIFLOWR Information System Source: EDR proprietary database of groundwater flow information EDR has developed the AQUIFLOW Information System (AIS) to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted to regulatory authorities at select sites and has extracted the date of the report, hydrogeologically determined groundwater flow direction and depth to water table information. GEOLOGIC INFORMATION Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - A digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994). STATSGO: State Soil Geographic Database Source: Department of Agriculture, Natural Resources Conservation Services The U.S. Department of Agriculture's (USDA) Natural Resources Conservation Service (NRCS) leads the national Conservation Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed ( SSURGO) soil survey maps. SSURGO: Soil Survey Geographic Database Source: Department of Agriculture, Natural Resources Conservation Services (NRCS) Telephone: 800 - 672 -5559 SSURGO is the most detailed level of mapping done by the Natural Resources Conservation Services, mapping scales generally range from 1:12,000 to 1:63,360. Field mapping methods using national standards are used to construct the soil maps in the Soil Survey Geographic ( SSURGO) database. SSURGO digitizing duplicates the original soil survey maps. This level of mapping is designed for use by landowners, townships and county natural resource planning and management. TC4204251.2s Page PSGR -1 PHYSICAL SETTING SOURCE RECORDS SEARCHED LOCAL / REGIONAL WATER AGENCY RECORDS FEDERAL WATER WELLS PWS: Public Water Systems Source: EPA/Office of Drinking Water Telephone: 202 - 564 -3750 Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at least 25 people for at least 60 days annually. PWSs provide water from wells, rivers and other sources. PWS ENF: Public Water Systems Violation and Enforcement Data Source: EPA/Office of Drinking Water Telephone: 202 - 564 -3750 Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System (SDWIS) after August 1995. Prior to August 1995, the data came from the Federal Reporting Data System (FRDS). USGS Water Wells: USGS National Water Inventory System (NWIS) This database contains descriptive information on sites where the USGS collects or has collected data on surface water and /or groundwater. The groundwater data includes information on wells, springs, and other sources of groundwater. OTHER STATE DATABASE INFORMATION RADON State Database: NC Radon Source: Department of Environment & Natural Resources Telephone: 919- 733 -4984 Radon Statistical and Non Statiscal Data Area Radon Information Source: USGS Telephone: 703 - 356 -4020 The National Radon Database has been developed by the U.S. Environmental Protection Agency (USEPA) and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey. The study covers the years 1986 - 1992. Where necessary data has been supplemented by information collected at private sources such as universities and research institutions. EPA Radon Zones Source: EPA Telephone: 703 - 356 -4020 Sections 307 & 309 of IRAA directed EPA to list and identify areas of U.S. with the potential for elevated indoor radon levels. OTHER Airport Landing Facilities: Private and public use landing facilities Source: Federal Aviation Administration, 800 - 457 -6656 Epicenters: World earthquake epicenters, Richter 5 or greater Source: Department of Commerce, National Oceanic and Atmospheric Administration Earthquake Fault Lines: The fault lines displayed on EDR's Topographic map are digitized quaternary faultlines, prepared in 1975 by the United State Geological Survey TC4204251.2s Page PSGR -2 PHYSICAL SETTING SOURCE RECORDS SEARCHED STREET AND ADDRESS INFORMATION © 2010 Tele Atlas North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC4204251.2s Page PSGR -3 Appendix G: Section 3.1.1 Permitting — Supporting Materials Half -Mile Branch Bank Parcel Development Plan Appendices NATIONWIDE PERMIT 13 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Bank Stabilization. Bank stabilization activities necessary for erosion prevention, provided the activity meets all of the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (c) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States; (f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, (g) The activity is not a stream channelization activity. This NWP also authorizes temporary structures, fills, and work necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre - construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Invasive plant species shall not be used for bioengineering or vegetative bank stabilization. Notification: The permittee must submit a pre - construction notification to the district engineer prior to commencing the activity if the bank stabilization activity: (1) involves discharges into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will involve the discharge of greater than an average of one cubic yard per running foot along the bank below the plane of the ordinary high water mark or the high tide line. (See general condition 31.) (Sections 10 and 404) NATIONWIDE PERMIT 40 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Agricultural Activities. Discharges of dredged or fill material into non -tidal waters of the United States for agricultural activities, including the construction of building pads for farm buildings. Authorized activities include the installation, placement, or construction of drainage tiles, ditches, or levees; mechanized land clearing; land leveling; the relocation of existing serviceable drainage ditches constructed in waters of the United States; and similar activities. This NWP also authorizes the construction of farm ponds in non -tidal waters of the United States, excluding perennial streams, provided the farm pond is used solely for agricultural purposes. This NWP does not authorize the construction of aquaculture ponds. This NWP also authorizes discharges of dredged or fill material into non -tidal waters of the United States to relocate existing serviceable drainage ditches constructed in non -tidal streams. The discharge must not cause the loss of greater than 1/2 -acre of non -tidal waters of the United States, including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in minimal adverse effects. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters. Notification: The permittee must submit a pre - construction notification to the district engineer prior to commencing the activity. (See general condition 31.) (Section 404) Note: Some discharges for agricultural activities may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). This NWP authorizes the construction of farm ponds that do not qualify for the Clean Water Act Section 404(f)(1)(C) exemption because of the recapture provision at Section 404(f)(2). Raymond Holz From: Scarbraugh, Anthony <anthony.scarbraugh @ncdenr.gov> Sent: Friday, April 17, 2015 9:25 AM To: Raymond Holz Subject: RE: Riparian Buffer & Nutrient Offset Mitigation Bank in Wayne County Mr. Holz, After further discussion, the crossing is for agricultural purposes and is less than 40 linear feet and is perpendicular crossing of the subject features, therefore no written concurrence will be required. If you need any further assistance, please feel free to contact me. Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Washington Regional Office North Carolina Department of Environment and Natural Resources Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252) 948 -3924 ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statue or other regulation. ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** From: Raymond Holz [ mailto :rholz@restorationsystems.com] Sent: Thursday, April 16, 2015 12:34 PM To: Scarbraugh, Anthony Subject: Riparian Buffer & Nutrient Offset Mitigation Bank in Wayne County Anthony — As you are aware, Restoration Systems is currently in the process of permitting a riparian buffer and nutrient offset mitigation bank parcel in Wayne County, NC. This is the same parcel you and Katie Merritt visited February 9t", 2015 for a buffer and nutrient mitigation applicability request (both the RS request and DWR response letters are attached). As part of our bank approval process, we must provide written correspondence and concurrence between RS and the NC DWR that a permit is not necessary for impacts to parcel streams and existing riparian buffers as a result of our restoration activities. I have provided a Site overview figure for your reference detailing location of impacts which are detailed below. There will be NO impacts to wetlands. Impacts described in our restoration plan; StrPamc 1. Removing a dilapidated crossing (see attached photo) and, 2. Constructing a new crossing for the landowner using 2 x 25' long 36" wide HDPE pipes. There will be to be no more than 50 I. ft. of impacts below the high water line to Waters of the US; 25' would be temporary, removal of the old culvert, and 25' permanent, installation of the new crossing. Existing Riparian Buffer 1. Establishment of a 30' farm path coming to and from the new culvert crossing - Existing buffers have been marginalized by current land use practices (row crop production). We identified a location within the buffer where the embellishment of a farm path would have the least amount of impact. Impacts will only occur in Zone 1, and will total no more than 350 sq. ft. 2. Filling of multiple manmade conveyances /furrows dug through the buffer perpendicular to the stream channels. These conveyances /furrows in the existing buffer will be graded, filled and stabilized with a native seed mix, so that diffuse flows are dispersed through the restored buffer. - This will be done using a mini excavator and using spoil from when the furrows were original dug. Credit will not be generated in these areas. An in the field estimate totaled the area of these impacts and their restoration will total 1,000 sq. ft. Our understanding is that project impacts to streams are allowable without the need of a permit as the total I. footage is below the threshold requiring mitigation (150 I. ft.). Furthermore, impacts to the existing riparian buffer are referenced as 'allowable' under the Table of Uses in State Statute 15A NCAC 02B .0233 (Neuse River Basin: Nutrient Sensitive Water Management Strategy: Protection and Maintenance of Existing Riparian Buffers). If you agree with our findings, please provide written concurrence. If you have any further questions about the project please do not hesitate to contact me directly at 919.604.9314. Thank you for your time, Raymond Holz Project Manager Attachments: - RS — DWR Applicability Request: January 8th, 2015 - DWR — Site Viability Letter: February 25th, 2015 - Project Figure - Photo of dilapidated crossing Raymond J. Holz I Asst. Vice President — Rocky Mountain Division I Restoration Systems LLC 1101 Haynes St. Suite 211 1 Raleigh, NC 27604 tel: 919.334.9122 1 cell: 919.604.9314 1 fax: 919.755.9492 email: rholz @restorationsystems.com Appendix H: FEMA Flood Insurance Rate Map of NC, Panel 2568 J Half -Mile Branch Bank Parcel Development Plan Appendices STATE OF NORTH CAROLINA FIRMA PANEL LOCATOR DIAGRAM * 751,550 3 NA WIlSON 054 35,547 NA 3 FALLING CREEK 780,0 097 9,7301 NA 85.5 102 10,200 r'3' 90.2 NEUSE RIVER I 34,500 8006 3 A��'J - rt 0 34,500 - ---- -- ---513 Base Flood Elevation line and value; elevation in feet* (EL 98.7) Base Flood Elevation value where uniform within zone; elevation in feet* � *Referenced to the (North American Vertical Datum of 1988 asz Cross section line 23 - - - - - - 8 Transect line 3918 0� v 47' 07 30„ 32 °22 3D„ Geographic coordinates referenced to the !North American Datum of 1983 (NAD 83) -to 4276OcO M 1000 -meter Universal Transverse Mercator grid ticks, zone 17 1 473 500 FEET 7500 -foot grid values: North Carolina State Plane coordinate m rn system (FIPSZONE 3200, State Plane NAD 83 feet) BM5510 !North Carolina Geodetic Survey bench mark (see explanation JOHNSTON X in the Datum information section of this FiRM panel). BM5510 National Geodetic Survey bench marls (see explanation in 5'22'00" (2) the Datum Information section of this FIRM panel). • M1.5 River Mile rU' �� � : • �,.: tip, < 4 2 � .I � / /`-�+� •/-l)7 �q ,_ _ i _ : -- - ^. SAMPSON a � DuPUN L DATUM INFORMATION The projection used in the preparation of this map was the North Carolina State Plane (FIPSZONE 3200). The horizontal datum was the North American Datum of 1983, GRS80 ellipsoid. Differences in datum, ellipsoid, projection, or Universal Transverse Mercator zones used In the production of FIRMS for adjacent jurisdictions may result in slight positional differences in map features across jurisdictional boundaries. These differences do not affect the accuracy of this FIRM. All coordinates on this map are in U.S. Survey Feet, where 1 U.S. Survey Foot = 1200/3937 Meters. Flood elevations on this map are referenced to the North American Vertical Datum of 1988 (NAVD 88). These flood elevations must be compared to structure and ground elevations referenced to the same vertical datum. An average offset between NAVD 88 and the National Geodetic Vertical Datum of 1929 (NGVD 29) has been computed for each North Carolina county. This offset was then applied to the NGVD 29 flood elevations that were not revised during the creation of this statewide format FIRM. The offsets for each county shown on this FIRM panel are shown in the vertical datum offset table below. Where a county boundary and a flooding source with unrevised NGVD 29 flood elevations are coincident, an individual offset has been calculated and applied during the creation of this statewide format FIRM. See Section 6.1 of the accompanying Flood Insurance Study report to obtain further information on the conversion of elevations between NAVD 88 and NGVD 29. To obtain current elevation, description, and /or location information for bench marks shown on this map, please contact the North Carolina Geodetic Survey at the address shown below. You may also contact the Information Services Branch of the National Geodetic Survey at (301) 713 -3242, or visit its website at www.ngs.noaa.gov. North Carolina Geodetic Survey County Average Vertical Datum Offset Table 121 West Jones Street County Vertical Datum Offset (ft) Raleigh, NC 27601 Wayne - 1.02 (919) 733 -3836 www.ncgs.state.nc.us Example: NAVD 88 = NGVD 29 + ( -1.02) All streams listed in the Flood Hazard Data Table below were studied by detailed methods using field survey. Other flood hazard data shown on this map may have been derived using either a coastal analysis or limited detailed riverine analysis. More information on the flooding sources studied by these analyses is contained in the Flood Insurance Study report. F Icodway width (feet) FLOOD HAZARD DATA TABLE LetVAight Distance From 1 %Annual Chance the Center of stream to Cross Stream Flood Discharge 1100 -year) Encroachm ant Boundary Section Station' (cfsl Water- Surface Elevation (Looking Downstream) or (feet NAVD 88) Total Floodway Width BEAVERDAM CREEK 013 1,290 K NA 025 NA 82.42 82.42 82.42 82.4 441 751,550 3 NA 7598 054 35,547 NA 3 FALLING CREEK 780,0 097 9,7301 NA 85.5 102 10,200 NA 90.2 NEUSE RIVER 3 7516 751,550 3 35,547 7598 3 35,547 7779 3 35,547 780,0 3 35,547 7859 3 35,547 7899 3 35,547 799, 3 34,500 8006 3 34,500 8043 0 34,500 75.2 75.8 79.7 80.2 81.3 82.4 B33 83.4 83.5 eet above mouth ' Elevation includes backwater effects from Neuse R vor Feet above Atlantic ocean 210 450 190 140 130 200 1 1 3,415 1,500 1,750 4.400 �. V �6 �i., tt r•. iT Q I ,� . „•,�; I-th4P,',- ;I:VU{'tFtyl 1:6 1tGHP11GAL ?AH 1FItH This digital Flood Insurance Rate. Map (FIRM) was produced through a unique cooperative partnership between the State of North Carolina and the Federal Emergency Management Agency (FEMA). The State of North Carolina has implemented a long term approach of floodplain management to decrease the costs associated with flooding. This is demonstrated by the State's com- mitment to map floodplain areas at the local level. As a part of this effort, the State of North Carolina has joined in a Cooperating Technical State agreement with FEMA to roduce and maintain this di ital FIRM. P 9 www.ncfloodmaps.com 2 2Fn non rrrr 600 000 FE ZONE ZONE if 3920 { ZONE X 35'23' 3918 m 35, 22' 585 000 FE 3916 >rxa { 35 °2i' 580 000 FI 7 7 78' 07' 00” 78* 06' 00 " JOINS PANEL 2660 78'05' 00" 78' 04' 00 " 78 °07' DO" JOINS PANEL 2567 78 °06' 00" 78"05'0011 •JVIIVJ rruvcc c ar r 78`04' 00" This map is for use in administering the National Flood Insurance Program. It does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size. The community map repository should be consulted for possible updated or additional flood hazard information. To obtain more detailed information in areas where Base Flood Elevations BFEs and /or floodways have been determined, users are encouraged to consult the Flood Profiles, Floodway Data and /or Summary of Stillwater Elevations tables contained within the Flood Insurance Study (FIS) report that accompanies this FIRM. Users should be aware that BFEs shown on the FIRM represent rounded whole -foot elevations. These BFEs are intended for flood insurance rating purposes only and should not be used as the sole source of flood elevation information. Accordingly, flood elevation data presented in the AS report should be utilized in conjunction with the FIRM for purposes of construction and /or floodplain management. Boundaries of the floodways were computed at cross sections and interpolated between cross sections. The floodwa s were based on hydraulic considerations with regard to Y Y g requirements of the National Flood Insurance Program. Floodway widths and other q 9 Y pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions. re M�� Certain areas not in Special Flood Hazard Areas may be protected by flood control structures. Refer to Section 4.4 "Flood Protection Measures" of the Flood Insurance Study report for information on flood control structures in the jurisdictions.. Base map information and geospatial data used to develop this FIRM were ob t ained from various organizations, including the participating local community(ies), state and federal agencies, and /or other sources, The primary base for this FIRM is aerial imagery acquired as part of the National Digital Orthophoto Program. The time period of collection for the imagery is 2000. Information and geospatial data supplied by the local community(ies) that met FEMA base map specifications were considered the preferred source for development of the base map. See geospatial metadata for the associated digital FIRM for additional information about base map preparation. Base map features shown on this map, such as corporate limits, are based on the most up-to -date data available at the time of publication. Changes in the corporate limits may have occurred since this map was published. Map users should co n su I t t h e a pp r o p ri ate community o r w ebs i to to verify cu rr e n t conditions of jurisdictional boundaries and base map features. This map reflects more detailed and up-to-date stream channel configurations than those shown on the previous FIRM for this jurisdiction. The floodplains and floodways that were transferred from the previous FIRM may have been adjusted to conform to these new stream channel configurations. As a result, the Flood Profiles and Floodway Data tables in the Flood Insurance Study report (which contains authoritative hydraulic data may reflect stream channel distances that differ from what is shown on this map. } Y P Please refer to the separately printed Map Index for an overview map of the county showing the layout of map panels, community map repository addresses, and a Listing of Communities table containing National Flood Insurance Program dates for each community as well as a listing of the panels on which each is located. If you have questions about this map, or questions concerning the National Flood Insurance Program in general, please call 1- 877 -FEMA MAP (1-877-336-2627) or visit the FEMA website at www.fema.g-ov. A n accompanying Flood Insurance Study report, L ett e r f M a p Revision ( L MR ) o r L ett e r of Map Amendment (LOMA) revising portions of this panel, and digital versions of this FIRM may be available. Visit the 'North Carolina Floodplain Mapping Program website at vvww.ncflood maps. com, or contact the FEMA Map Service Center at 1- 800- 358,9616 for information on all related products associated with this FIRM. The FEMA Map Service Center may also be reached by Fax at 1- 800 -358 -9620 and their website at www.fema.gov /msc. FEET JD 000 FEET 3920 wo M 5'23' O0° LEGEND j SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD The 1 % annual chance flood (100 -year flood), also known as the base flood, is the flood that has a 1 % chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base Flood Elevation is the water - surface elevation of the 1% annual chance flood. ZONE A No Base Flood Elevations determined. ZONE AE Base Flood Elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood Elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined. ZONE AR Special Flood Hazard Area formerly protected from the 1% annual chance flood by a flood control system that was subsequently decertified. Zone AR indicates that the former flood control system is being restored to provide protection from the 10/ annual chance or greater flood. M ZONE A99 Area to lee protected from 1 g'o annual chance lived by a Federal flood protection system under construction; no Base Flood Elevations determined. ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined. FL©CIDWAY AREAS IN ZONE AE The Floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without substantial increases in flood heights. OTHER FLOOD AREAS ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1 % annual chance flood. 35 000 FEET OTHER AREAS ZONE X Areas determined to be outside the 0.2% annual chance floodplain. PANEL 2568) ZONE D Areas in which flood hazards are undetermined, but possible. COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS l OTHERWISE PROTECTED AREAS (OPAs) FIRM FLOOD INSURANCE RATE MAP NORTH CAROLINA PANEL 25168 (SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM PANEL LAYOUT) CONTAINS: COMMUNITY CID No. PANEL SUFFIX WAYNE COUNTY 370254 2588 s Notice to User: The Map Number shown below should be used when placing map orders; the Community Number shown above should be used on insurance applications for the subject community. EFFECTIVE DATE MAP NUMBER DECEMBER 2, 2005 37202568001 V. 5 r Y� x +� ro I' R 3 s � � 'fin• � '� •�w�a � AND 5`G� State of North Carolina Federal Emergency Management Agency CBRS areas and OPAs are normally located within or adjacent to Special Flood Hazard Areas N 1% annual chance floodplain boundary 0.2% annual chance floodplain boundary — — — — - Floodway boundary O - - Zone D Boundary ••• * ■s•• =••••••••••+ CBR5 and OPA boundary R - Boundary dividing Special Flood Hazard Areas of different CiD - J Base Flood Elevations, flood depths or flood velocities. - ---- -- ---513 Base Flood Elevation line and value; elevation in feet* (EL 98.7) Base Flood Elevation value where uniform within zone; elevation in feet* � *Referenced to the (North American Vertical Datum of 1988 asz Cross section line 23 - - - - - - 8 Transect line 3918 0� v 47' 07 30„ 32 °22 3D„ Geographic coordinates referenced to the !North American Datum of 1983 (NAD 83) 4276OcO M 1000 -meter Universal Transverse Mercator grid ticks, zone 17 1 473 500 FEET 7500 -foot grid values: North Carolina State Plane coordinate system (FIPSZONE 3200, State Plane NAD 83 feet) BM5510 !North Carolina Geodetic Survey bench mark (see explanation X in the Datum information section of this FiRM panel). BM5510 National Geodetic Survey bench marls (see explanation in 5'22'00" (2) the Datum Information section of this FIRM panel). • M1.5 River Mile a a J J L 0 3 3915 wu en € °21' OD" 30 000 FEET FFFT MAP REPOSITORY Refer to listing of Map Repositories can Map index or visit wwvw.ncfloodmaps.corn. EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL DECEMBER 2, 2005 EFFECTIVE DATES) OF REVISION {S) TO THIS PANEL o i For community revision history riot t statewide ma n refer to the Community Ma �'' P ry P PP P>R ty R History table located in the Flood Insurance Study report for this jurisdiction. i i n e To determine f flood insurance is available in this community, contact our insurance a ent th- 'y, y g , North Carolina Division of Emergency Management or the National Flood Insurance Program at the following phone numbers or websites: NC Division of Emergency Management National Flood Insurance Program ( 919) 715 - --8000 www.nccrimecontrol.org /nfip 1-- 8013 -638 -6620 www.fema.goynfip GRID 'NORTH MAP SCALE 1" = 1000' (1 12,000) 500 O 1000 2000 FEET METERS 300 0 300 600 PANEL 2568) l FIRM FLOOD INSURANCE RATE MAP NORTH CAROLINA PANEL 25168 (SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM PANEL LAYOUT) CONTAINS: COMMUNITY CID No. PANEL SUFFIX WAYNE COUNTY 370254 2588 s Notice to User: The Map Number shown below should be used when placing map orders; the Community Number shown above should be used on insurance applications for the subject community. EFFECTIVE DATE MAP NUMBER DECEMBER 2, 2005 37202568001 V. 5 r Y� x +� ro I' R 3 s � � 'fin• � '� •�w�a � AND 5`G� State of North Carolina Federal Emergency Management Agency N CID a. O CiD CD � 15A NCAC 02B.0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS (a) PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to applicants listed in Subparagraphs (1) and (2) of this Paragraph and to set forth requirements for buffer mitigation providers. Buffer mitigation is required when one of the following applies: (1) The applicant has received an authorization certificate for impacts that cannot be avoided or practicably minimized pursuant to Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter; or (2) The applicant has received a variance pursuant to Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter and is required to perform mitigation as a condition of a variance approval. (b) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows: (1) "Authority" means either the Division or a local government that has been delegated or designated pursuant to Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter to implement the riparian buffer program. (2) "Division" means the Division of Water Resources of the North Carolina Department of Environment and Natural Resources. (3) "Enhancement Site" means a riparian zone site characterized by conditions between that of a restoration site and a preservation site such that the establishment of woody stems (i.e., tree or shrub species) will maximize nutrient removal and other buffer functions. (4) "Hydrologic Area" means the Watershed Boundary Dataset (WBD), located at http: // data. nconemap. com /geoportal /catalog/ search /resource /details.page ?uuid = f 16A42F31 -6DC7- 4EC3- 88A9- 03E6B7D55653} using the eight -digit Hydrologic Unit Code (HUC) prepared by the United States Geological Survey. (5) "Locational Ratio" means the mitigation ratio applied to the mitigation requirements based on the location of the mitigation site relative to the impact site as set forth in Paragraph (f). (6) "Monitoring period" means the length of time specified in the approved mitigation plan during which monitoring of vegetation success and other anticipated benefits to the adjacent water as listed in the authorization certification is done. (7) "Non- wasting endowment" means a fund that generates enough interest to cover the cost of the long term monitoring and maintenance. (8) "Outer Coastal Plain" means the portion of the state shown as the Middle Atlantic Coastal Plain (63) on Griffith, et al. (2002) " Ecoregions of North and South Carolina." Reston, VA, United States Geological Survey available at no cost at http: / /www.epa.gov /wed /pages /ecoregions /ncsc_eco.htm. (9) "Preservation Site" means riparian zone sites that are characterized by a natural forest consisting of the forest strata and diversity of species appropriate for the Omernik Level III ecoregion. (10) "Restoration Site" means riparian zone sites that are characterized by an absence of trees and by a lack of dense growth of smaller woody stems (i.e., shrubs or saplings) or sites that are characterized by scattered individual trees such that the tree canopy is less than 25 percent of the cover and by a lack of dense growth of smaller woody stems (i.e., shrubs or saplings). (11) "Riparian buffer mitigation unit" means a unit representing a credit of riparian buffer mitigation that offsets one square foot of riparian buffer impact. (12) "Riparian wetland" means a wetland that is found in one or more of the following landscape positions: (A) in a geomorphic floodplain; (B) in a natural topographic crenulation; (C) contiguous with an open water equal to or greater than 20 acres in size; or (D) subject to tidal flow regimes excluding saltibrackish marsh wetlands. (13) "Urban" means an area that is designated as an urbanized area under the most recent federal decennial census available at no cost at http: / /www.census.gov/ or within the corporate limits of a municipality. (14) "Zonal Ratio' means the mitigation ratio applied to impact amounts in the respective zones of the riparian buffer as set forth in Paragraph (e) of this Rule. (c) APPLICATION REQUIREMENTS, MITIGATION SITE REQUIREMENTS AND MITIGATION OPTIONS. Any applicant who seeks approval to impact riparian buffers covered under this Rule who is required by Paragraph (a) shall submit to the Division a written mitigation proposal that calculates the required area of mitigation and describes the area and location of each type of proposed mitigation. The applicant shall not impact buffers until the Division approves the mitigation plan and issues written authorization. For all options except payment of a fee under Paragraphs 0) or (k) of this Rule, the proposal shall include a commitment to provide: (1) a perpetual conservation easement or similar legal protection mechanism to ensure perpetual stewardship that protects the mitigation site's nutrient removal and other water quality functions; (2) a commitment to provide a non - wasting endowment or other financial mechanism for perpetual stewardship and protection; and (3) a commitment to provide a completion bond that is payable to the Division sufficient to ensure that land or easement purchase, construction, monitoring, and maintenance are completed. For each mitigation site, the Division shall identify functional criteria to measure the anticipated benefits of the mitigation to the adjacent water. The Division shall issue a mitigation determination that specifies the area, type, and location of mitigation and the water quality benefits to be provided by the mitigation site. The mitigation determination issued according to this Rule shall be included as an attachment to the authorization certification. The applicant may propose any of the following types of mitigation and shall provide a written demonstration of practicality that takes into account the relative cost and availability of potential options, as well as information addressing all requirements associated with the option proposed: (1) Applicant - provided riparian buffer restoration or enhancement pursuant to Paragraph (i) of this Rule; (2) Payment of a compensatory mitigation fee to a mitigation bank if buffer credits are available pursuant to Paragraph 0) of this Rule or payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to Paragraph (k) of this Rule. Payment shall conform to the requirements of G.S. 143- 214.20; (3) Donation of real property or of an interest in real property pursuant to Paragraph (1) of this Rule; or (4) Alternative buffer mitigation options pursuant to Paragraph (m) of this Rule. (d) AREA OF IMPACT. The authority shall determine the area of impact in square feet to each zone of the proposed riparian buffer impact by adding the following: (1) The area of the footprint of the use impacting the riparian buffer; (2) The area of the boundary of any clearing and grading activities within the riparian buffer necessary to accommodate the use; and (3) The area of any ongoing maintenance corridors within the riparian buffer associated with the use. The authority shall deduct from this total the area of any wetlands that are subj ect to and compliant with riparian wetland mitigation requirements under 15A NCAC 02H.0506 and are located within the proposed riparian buffer impact area. (e) AREA OF MITIGATION REQUIRED ON ZONAL MITIGATION RATIOS. The authority shall determine the required area of mitigation for each zone by applying each of the following ratios to the area of impact calculated under Paragraph (d) of this Rule: Basin/Watershed Zone 1 Ratio Zone 2 Ratio Neuse River Basin (15A NCAC 02B .0233) 3:1 1.5:1 Catawba River Basin (15A NCAC 02B .0243) 2:1 1.5:1 Randleman Lake Watershed (15A NCAC 02B .0250) 3:1 1.5:1 Tar - Pamlico River Basin (15A NCAC 02B .0259) 3:1 1.5:1 Jordan Lake Watershed (15A NCAC 02B .0267) 3:1 1.5:1 Goose Creek Watershed (15A NCAC 02B .0607) 3:1A A The Goose Creek Watershed does not have a Zone 1 and Zone 2. The mitigation ratio in the Goose Creek Watershed is 3:1 for the entire buffer. (f) AREA OF MITIGATION REQUIRED ON LOCATIONAL MITIGATION RATIOS. The applicant shall use the following locational ratios as applicable based on location of the proposed mitigation site relative to that ofthe proposed impact site. Locational ratios shall be as follows: Location Ratio Within the 12 -digit HUCA 0.75:1 Within the eight -digit HUCB 1:1 In the adjacent eight -digit HUCB'C 2:1 A Except within the Randleman Lake Watershed. Within the Randleman Lake Watershed the ratio is 1:1. Except as provided in Paragraph (g) of this Rule. c To use mitigation in the adjacent eight -digit HUC, the applicant shall describe why buffer mitigation within the eight -digit HUC is not practical for the project. (g) GEOGRAPHIC RESTRICTIONS ON LOCATION OF MITIGATION. Mitigation shall be performed in the same river basin where the impact is located with the following additional specifications: (1) In the following cases, mitigation shall be performed in the same watershed in which the impact is located: (A) Falls Lake Watershed, as defined in Rule .0275 of this Section; (B) Goose Creek Watershed, as defined in Rule .0601 of this Subchapter; (C) Randleman Lake Water Supply Watershed, as defined in Rule .0248 of this Section; (D) Each subwatershed of the Jordan Lake watershed, as defined in Rule .0262 of this Section; and (E) Other watersheds as specified in riparian buffer protection rules adopted by the Commission. (2) Buffer mitigation for impacts within watersheds with riparian buffer rules that also have federally listed threatened or endangered aquatic species may be done within other watersheds with the same federally listed threatened or endangered aquatic species as long as the impacts are in the same river basin and same Omernik Level III ecoregion available at no cost at http: / /www.epa.gov /wed /pages /ecoregions /level — iii — iv.htm as the mitigation site. (h) RIPARIAN BUFFER MITIGATION UNITS. Mitigation activities shall generate riparian buffer mitigation units as follows: Mitigation Activity Square Feet of Mitigation Buffer Riparian Buffer Mitigation Units Generated Restoration 1 1 Enhancement 2 1 Preservation on Non - Subject Urban Streams 3 1 Preservation on Subject Urban Streams 3 1 Preservation on Non - Subject Rural Streams 5 1 Preservation on Subject Rural Streams 10 1 (i) RIPARIAN BUFFER RESTORATION OR ENHANCEMENT. Division staff shall make an on -site determination as to whether a potential mitigation site qualifies as a restoration or enhancement site as defined in Paragraph (b) of this Rule. Riparian buffer restoration or enhancement sites shall meet the following requirements: (1) Buffer restoration or enhancement may be proposed as follows: Urban Areas Buffer width (ft) Proposed Percentage of Full Credit Less than 20 0% 20 -29 75% 30 -100 100% 101 -200 A 50 %A Non -Urban Areas Buffer width (ft) Proposed Percentage of Full Credit Less than 20 0% 20 -29 0% 30 -100 100 % 101 -200 A 50 %A A The area of the mitigation site beyond 100 linear feet from the top of bank shall comprise no more than 10 percent of the total area of mitigation. (2) The location of the restoration or enhancement shall comply with the requirements of Paragraphs (e), (f), and (g) of this Rule. In the Catawba watershed, buffer mitigation may be done along the lake shoreline as well as along intermittent and perennial stream channels throughout the watershed. (3) Diffuse flow of runoff shall be maintained in the riparian buffer. Any existing impervious cover or stormwater conveyances such as ditches, pipes, or drain tiles shall be eliminated and the flow converted to diffuse flow. If elimination of existing stormwater conveyances is not feasible, then the applicant or mitigation provider shall provide a delineation of the watershed draining to the stormwater outfall and the percentage of the total drainage treated by the riparian buffer for Division approval; the Division may reduce credit proportionally. (4) The applicant or mitigation provider shall submit to the Authority a restoration or enhancement plan for written approval by the Division. The restoration or enhancement plan shall demonstrate compliance with the requirements of Subparagraphs (1) through (3) of this Paragraph and shall contain the following in addition to the elements required in Paragraph (c) of this Rule: (A) A map of the proposed restoration or enhancement site; (B) A vegetation plan that shall include a minimum of four native hardwood tree species or four native hardwood tree and native shrub species, where no one species is greater than 50 percent of established stems, established at a density sufficient to provide 260 stems per acre at the completion of monitoring. Native volunteer species may be included to meet performance standards. The Division may approve alternative vegetation plans upon consideration of factors, including site wetness and plant availability to meet the requirements of this Part; (C) A grading plan (if applicable). The site shall be graded in a manner to ensure diffuse flow through the entire riparian buffer; (D) A schedule for implementation, including a fertilization and herbicide plan if applicable; and (E) A monitoring plan, including monitoring of vegetative success and other anticipated benefits to the adjacent water as listed in the authorization certification. (5) Within one year after the Division has approved the restoration or enhancement plan, the applicant or mitigation provider shall present documentation to the Division that the riparian buffer has been restored or enhanced unless the Division agrees in writing to a longer time period due to the necessity for a longer construction period. (6) The mitigation area shall be placed under a perpetual conservation easement or similar legal protection mechanism to provide for protection of the property's nutrient removal and other water quality functions. (7) The applicant or mitigation provider shall submit written annual reports for a period of five years after the restoration or enhancement has been conducted showing that the trees or tree and shrub species planted are meeting success criteria and that diffuse flow through the riparian buffer has been maintained. The applicant or mitigation provider shall replace trees or shrubs and restore diffuse flow if needed during that five -year period. Additional years of monitoring may be required if the objectives under Paragraph (i) have not been achieved at the end of the five -year monitoring period. (8) The mitigation provider shall provide a site specific credit/debit ledger to the Division at regular intervals once credits are established and until they are exhausted. (9) The mitigation provider shall provide a completion bond that is payable to the Division sufficient to ensure that land purchase, construction, monitoring, and maintenance are completed. A non - wasting endowment or other financial mechanism for perpetual maintenance and protection shall be provided. 0) PURCHASE OF BUFFER MITIGATION CREDITS FROM A PRIVATE OR PUBLIC MITIGATION BANK. Applicants who choose to satisfy some or all of their mitigation by purchasing mitigation credits from a private or public mitigation bank shall meet the following requirements: (1) The mitigation bank from which credits are purchased is listed on the Division's webpage ( http: / /portal.ncdenr.org /web /wq /swp /ws /401) and has available riparian buffer credits; (2) The mitigation bank from which credits are purchased shall be located as described in Paragraphs (e), (f), and (g) of this Rule; and (3) After receiving a mitigation acceptance letter from the mitigation provider, proof of payment for the credits shall be provided to the Division prior to any activity that results in the removal or degradation of the protected riparian buffer. (k) PAYMENT TO THE RIPARIAN BUFFER RESTORATION FUND. Applicants who choose to satisfy some or all of their mitigation determination by paying a compensatory mitigation fee to the Riparian Buffer Restoration Fund shall meet the requirements of Rule .0269 of this Section. Payment made to the NC Ecosystem Enhancement Program (the Program) shall be contingent upon acceptance of the payment by the Program. The Program shall consider their financial, temporal, and technical ability to satisfy the mitigation request to determine whether they shall accept or deny the request. (1) DONATION OF PROPERTY. Applicants who choose to satisfy their mitigation determination by donating real property or an interest in real property to fully or partially offset an approved payment into the Riparian Buffer Restoration Fund pursuant to Paragraph (k) of this Rule shall meet the following requirements: (1) The value of the property interest shall be determined by an appraisal performed in accordance with Part (1)(4)(D) of this Rule. The donation shall satisfy the mitigation determination if the appraised value of the donated property interest is equal to or greater than the required fee. If the appraised value of the donated property interest is less than the required fee calculated pursuant to Rule .0269 of this Section, the applicant shall pay the remaining balance due. (2) The donation of real property interests shall be granted in perpetuity. (3) Donation of real property interests to satisfy the full or partial payments under Paragraph (k) shall be accepted only if such property meets the following requirements: (A) The property shall be suitable for restoration or enhancement to successfully produce viable riparian buffer compensatory mitigation credits in accordance with Paragraph (i) of this Rule or the property shall be suitable for preservation to successfully produce viable riparian buffer compensatory mitigation credits in accordance with Part (m)(2)(C) of this Rule; (B) The property shall be located in an area where the Program may reasonably utilize the credits, based on historical or projected use, to offset compensatory mitigation requirements; (C) The estimated cost of restoring or enhancing and maintaining the property shall not exceed the projected mitigation credit value of the property minus land acquisition costs, except where the applicant supplies additional funds acceptable to the Program for restoration or enhancement and maintenance of the buffer; (D) The property shall not contain any building, structure, object, site, or district that is listed in the National Register of Historic Places established pursuant to Public Law 89 -665, 16 U.S.C. 470 as amended; (E) The property shall not contain any hazardous substance or solid waste such that water quality may be adversely impacted, unless the hazardous substance or solid waste can be properly remediated before the interest is transferred; (F) The property shall not contain structures or materials that present health or safety concerns to the general public. If wells, septic, water, or sewer connections exist, they shall be filled, remediated or closed at owner's expense in accordance with state and local health and safety regulations before the interest is transferred. Sewer connections in Zone 2 maybe allowed for projects in accordance with Part (m)(2)(E) of this Rule; (G) The property and adjacent properties shall not have prior, current, or known future land use that may jeopardize the functions of the compensatory mitigation; (H) The property shall not have any encumbrances or conditions that are inconsistent with the requirements of this Rule or purposes of Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter; (I) Fee simple title to the property or a perpetual conservation easement on the property shall be donated to the State of North Carolina, a local government, or a qualified holder under N.C. General Statute 121 -34 et seq. and 26 USC 170(h) of the Internal Revenue Code as approved by the Department and the donee; and (J) The donation shall be accompanied by a non - wasting endowment or other financial mechanism for perpetual maintenance and protection sufficient to ensure perpetual long -term monitoring and maintenance. However, when a local government has donated a perpetual conservation easement and entered into a binding intergovernmental agreement with the Program to manage and protect the property consistent with the terms of the perpetual conservation easement, that local government shall not be required to provide a non - wasting endowment. (4) At the expense of the applicant or donor, the following information shall be submitted to the Program with any proposal for donations or dedications of interest in real property: (A) Documentation that the property meets the requirements of Subparagraph (1)(3) of this Rule; (B) A US Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map, USDA Natural Resource Conservation Service County Soil Survey Map, and county road map showing the location of the property to be donated, along with information on existing site conditions, vegetation types, presence of existing structures, and easements; (C) A current property survey performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the State Board of Registration for Professional Engineers and Land Surveyors as set forth in 21 NCAC 56 .1600. (D) A current appraisal of the value of the property performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the Appraisal Board as set forth in 21 NCAC 57A.0501; and (E) A complete attorney's report on title with a title commitment for policy in the name of the State of North Carolina in the dollar amount of the appraised value. (m) ALTERNATIVE BUFFER MITIGATION OPTIONS. Some or all of a buffer mitigation requirement may be met through any of the alternative mitigation options described in this Paragraph. Any proposal for alternative mitigation shall meet the requirements of Paragraphs (c), (e), (f), and (g) of this Rule, the requirements set out in the named Subparagraph addressing that option, and the following requirements: (1) Any proposal for alternative mitigation shall be provided in writing to the Division and shall meet the following content and procedural requirements for approval by the Division: (A) Projects that have been constructed and are within the required monitoring period on the effective date of this Rule are eligible for use as alternative buffer mitigation. Projects that have completed monitoring and released by the Division on or before the effective date of this Rule are eligible for use as alternative buffer mitigation for a period of 10 years from the effective date of this Rule; (B) The mitigation area shall be placed under a perpetual conservation easement or similar legal protection mechanism to provide for protection of the property's nutrient removal and other water quality functions; and (C) A completion bond payable to the Division sufficient to ensure that land purchase, construction, monitoring, and maintenance are completed. (D) A non - wasting endowment or other financial mechanism for perpetual maintenance and protection shall be provided. (2) ALTERNATIVE BUFFER MITIGATION — NON - STRUCTURAL, VEGETATIVE OPTIONS (A) Coastal Headwater Stream Mitigation. Wooded buffers planted along Outer Coastal Plain headwater stream mitigation sites may be approved as riparian buffer mitigation as long as the site meets all applicable requirements of Paragraph (i) of this Rule. In addition, all success criteria including woody species, stem density, diffuse flow, and stream success criteria specified by the Division in any required written approval of the site shall be met. The area of the buffer shall be measured perpendicular to the length of the valley being restored. The area within the proposed buffer mitigation shall not also be used as wetland mitigation. The mitigation provider shall monitor the site for at least five years from the date of planting by providing annual reports for written Division approval. (B) Buffer Restoration and Enhancement on Non - Subject Streams. Restoration or enhancement of buffers may be conducted on intermittent or perennial streams that are not subject to riparian buffer rules. These streams shall be confirmed as intermittent or perennial streams by Division staff using the Division publication, Methodology for Identification of Intermittent and Perennial Streams and Their Origins (v.4.11, 20 10) available at no cost at http:// portal.ncdenr.org/web /wq /swp /ws/ 401 /waterresources /streamdeterminations. The proposal shall meet all applicable requirements of Paragraph (i) of this Rule. (C) Preservation of Buffer on Non - subject streams. Preservation of buffers on intermittent or perennial streams that are not subject to riparian buffer rules may be proposed in order to permanently protect the buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer. These streams shall be confirmed as intermittent or perennial streams by Division staff using the Division publication, Methodology for Identification of Intermittent and Perennial Streams and Their Origins (v.4.11,2010). The preservation site shall meet the requirements of Subparagraphs (i)(1), (i)(3), (i)(6) and Parts (1)(3)(D), (E), (F), (H) and (J) of this Rule. Preservation shall be proposed only when restoration or enhancement with an area at least equal to the footprint of the buffer impact has been proposed. (D) Preservation of Buffers on Subject Streams. Buffer preservation maybe proposed in order to permanently protect the buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer beyond the protection afforded by the existing buffer rules on sites that meet the definition of a preservation site along streams, estuaries, or ponds that are subject to buffer rules. The preservation site shall meet the requirements of Subparagraphs (i)(1), (i)(3), (i)(6) and Parts (1)(3)(D), (E), (F), (H) and (J) of this Rule. Preservation shall be proposed only when restoration or enhancement of an area at least equal to the footprint of the buffer impact has been proposed. (E) Sewer easement within the buffer. If the proposed mitigation site contains a sewer easement in Zone 1, that portion of the sewer easement within Zone 1 is not suitable for buffer mitigation. If the proposed mitigation site contains a sewer easement in Zone 2, the portion of the sewer easement in Zone 2 may be suitable for buffer mitigation i£ (i) the applicant or mitigation provider restores or enhances the forested buffer in Zone 1 adjacent to the sewer easement; (ii) the sewer easement is at least 30 feet wide; (iii) the sewer easement is required to be maintained in a condition that meets the vegetative requirements of the collection system permit; and (iv) diffuse flow is provided across the entire buffer width. The proposal shall meet all applicable requirements of Paragraph (i) of this Rule for restoration or enhancement. The proposal shall meet all applicable requirements of Part (m)(2)(C) of this Rule for preservation. (F) Enhancement of grazing areas adjacent to streams. Buffer credit at a 2:1 ratio shall be available for an applicant or mitigation provider who proposes permanent exclusion of grazing livestock that otherwise degrade the stream and riparian zone through trampling, grazing, or waste deposition by fencing the livestock out of the stream and its adjacent buffer. The applicant or mitigation provider shall provide an enhancement plan as set forth in Paragraph (i). The applicant or mitigation provider shall demonstrate that grazing was the predominant land use since the effective date of the applicable buffer rule. (G) Mitigation on ephemeral channels. For purposes of riparian buffer mitigation as described in this Part, an "ephemeral channel" is defined as a natural channel exhibiting discernible banks within a topographic crenulation (V- shaped contour lines) indicative of natural drainage on the 1:24,000 scale (7.5 minute) quadrangle topographic map prepared by the U.S. Geologic Survey, or as seen on digital elevation models with contours developed from the most recent available LiDAR data. Ephemeral channels only flow for a short period of time after precipitation in the immediate area and do not have periods of base flow sustained by groundwater discharge. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ephemeral channel. The entire area proposed for mitigation shall be within the contributing drainage area to the ephemeral channel. The ephemeral channel shall be directly connected to an intermittent or perennial stream and contiguous with the rest of the mitigation site protected under a perpetual conservation easement. The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent ofthe total area of mitigation. The proposal shall meet all applicable requirements of Paragraph (i) of this Rule for restoration or enhancement. The proposal shall meet all applicable requirements of Part (m)(2)(C) of this Rule for preservation. (H) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as described in this Part, a "ditch" is defined as a man -made channel other than a modified natural stream that was constructed for drainage purposes. To be used for mitigation, a ditch shall meet all of the following criteria: (i) be directly connected with and draining towards an intermittent or perennial stream; (ii) be contiguous with the rest of the mitigation site protected under a perpetual conservation easement; (iii) stormwater runoff from overland flow shall drain towards the ditch; (iv) be between one and three feet in depth; and (v) the entire length of the ditch shall have been in place prior to the effective date of the applicable buffer rule. The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50 feet for crediting purposes. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ditch. The watershed draining to the ditch shall be at least four times larger than the restored or enhanced area along the ditch. The perpetual conservation easement shall include the ditch and the confluence of the ditch with the intermittent or perennial stream, and provide language that prohibits future maintenance of the ditch. The proposal shall meet all applicable requirements of Paragraph (i) of this Rule for restoration or enhancement. (3) ALTERNATIVE BUFFER STORMWATER TREATMENT OPTIONS. (A) For all structural options: Riparian buffer restoration or enhancement is required with an area at least equal to the footprint of the buffer impact, and the remaining mitigation resulting from the multipliers may be met through structural options; (B) Structural measures already required by other local, state or federal rule or permit cannot be used as alternative buffer mitigation, except to the extent such measure(s) exceed the requirements of such rule or permit. Stormwater Best Management Practices (BMPs), including bioretention facilities, constructed wetlands, infiltration devices and sand filter are all potentially approvable (BMPs) for alternative buffer mitigation. Other BMPs may be approved only if they meet the nutrient removal levels outlined in Part (3)(C) of this Subparagraph. Existing or planned BMPs for a local, state, or federal rule or permit may be retrofitted or expanded to improve their nutrient removal if this level of treatment would not be required by other local, state, or federal rules. In this case, the predicted increase in nutrient removal may be counted toward alternative buffer mitigation; (C) Minimum treatment levels: Any structural BMP shall provide at least 30 percent total nitrogen and 35 percent total phosphorus removal as demonstrated by a scientific and engineering literature review as approved by the Division. The mitigation proposal shall demonstrate that the proposed alternative removes an equal or greater annual mass load of nutrients to surface waters as the buffer impact authorized in the authorization certificate or variance, following the calculation of impact and mitigation areas pursuant to Paragraphs (d), (e), and (f) of this Rule. To estimate the rate of nutrient removal of the impacted buffer, the applicant or mitigation provider shall use a method previously approved by the Division. The applicant or mitigation provider may propose an alternative method of estimating the rate of nutrient removal for consideration and review by the Division; (D) All proposed structural BMPs shall follow the Division's 2009 Stormwater Best Management Practice Design Manual available at no cost at http: // portal .ncdenr.org /web /Ir/bmp- manual. If a specific proposed structural BMP is not addressed in this Manual, the applicant or mitigation provider shall follow Chapter 20 in this Manual for approval; (E) All structural options are required to have Division approved operation and maintenance plans; (F) All structural options are required to have continuous and perpetual maintenance and shall follow the Division's 2009 Stormwater Best Management Practice Design Manual; (G) Upon completion of construction, the designer for the type ofBMP installed shall certify that the system was inspected during construction and that the BMP was constructed in substantial conformity with plans and specifications approved by the Division; (H) Removal and replacement of structural options: If a structural option is proposed to be removed and cannot be replaced on -site, then a structural or non - structural measure of equal or better nutrient removal capacity in a location as specified by Paragraph (f) and (g) of this Rule shall be constructed as a replacement; (1) Renovation or repair of structural options: If a structural option must be renovated or repaired, it shall be renovated to provide equal or better nutrient removal capacity than as originally designed; (J) Structural options as well as their operation and maintenance are the responsibility of the landowner or easement holder unless the Division gives written approval for another responsible party to operate and maintain them. Structural options shall be located in recorded drainage easements for the purposes of operation and maintenance and shall have recorded access easements to the nearest public right -of -way. These easements shall be granted in favor of the party responsible for operating and maintaining the structure, with a note that operation and maintenance is the responsibility of the landowner, easement holder or other responsible party; and (K) Bonding and endowment. A completion bond payable to the Division sufficient to ensure that land purchase, construction, monitoring, and maintenance are completed and a non- wasting endowment or other financial mechanism for perpetual maintenance and protection shall be provided. (4) OTHER ALTERNATIVE BUFFER MITIGATION OPTIONS. Other riparian buffer mitigation options may be considered by the Division on a case -by -case basis after 30 -day public notice through the Division's Water Quality Certification Mailing List in accordance with 15A NCAC 02H.0503 as long as the options otherwise meet the requirements of this Rule. Division staff shall present recommendations to the Environmental Management Commission for a final decision with respect to any proposal for alternative buffer mitigation options not specified in this Rule. (n) ACCOUNTING FOR BUFFER CREDIT, NUTRIENT OFFSET CREDIT AND STREAM MITIGATION CREDIT. Buffer mitigation credit, nutrient offset credit, wetland mitigation credit, and stream mitigation credit shall be accounted for in accordance with the following: (1) Buffer mitigation used for buffer mitigation credit shall not be used for nutrient offset credits; (2) Buffer mitigation or nutrient offset credit shall not be generated within wetlands that provide wetland mitigation credit required by 15A NCAC 02H .0506; and (3) Either buffer mitigation or nutrient offset credit may be generated on stream mitigation sites as long as the width of the restored or enhanced riparian buffer meets the requirements of Subparagraph (i)(1). History Note: Authority 143- 214.1; 143 - 214.5; 143 - 214.7; 143 - 214.20; 143- 215.3(a)(1); 143- 215.6A; 143- 215.6B; 143- 215.6C; 143- 215.8A; 143- 215.8B; 143- 282(c); 143B- 282(d); S.L. 1998 -221; S.L. 1999 -329, s. 7.1; S.L. 2001 -418, s. 4.(a); S.L. 2003 -340, s. 5; S.L. 2005 -190; S.L. 2006 -259; S.L. 2009 -337; S.L. 2009 -486; S.L. 2014 -95; Temporary Adoption Eff. October 24, 2014.