20120170 Ver 1_401 Application_20120212

Environmental Corp of America Phone [phone]
1340 Patton Avenue, Suite K .`� Fax No 828 505 0959
Asheville, NC 28806 Z
From Ben Salter AAIFR�C 2® 1 2 0 1 7 0
To Mr Ian McMillan Phone [phone]
NC Division of Water Quality
4011Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699 1650 C U` U RI E 1 3""Y
TRANSMITTAL COVER SHEET COPY
Date February 14, 2012
Subject Pre Construction Notification
American Towers, LLC — 273409 (Murraysville NC)
Mabee Way
Wilmington, New Hanover County, North Carolina
ECA Project # M 382
USACE # SAW 2011 01367
Notes Mr McMillan
D
FEB 1 5 2012
DENR WATER QUALITY
WE DSAND STQRMWATER BRANCH
Please find the attached courtesy copy of the Pre Construction Notification for your review
Documentation will be forwarded to you upon execution of the proposed mitigation
Please contact me if you have any questions or need additional information
Thank you
Sincerely
C'. 4-0—
Ben Salter
Environmental Corporation of America 1340 Patton Avenue Suite K Asheville NC 28806

1-
ENVIRONMENTAL CORPORATION OF AMERICA
February 14 2012
U S Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington North Carolina 28403
Attention Ms Christy Wicker
Subject Pre Construction Notification
American Towers, LLC — 273409 (Murraysvdle NC)
Mabee Way
Wilmington, New Hanover County, North Carolina
ECA Project # M 382
USACE # SAW 2011 01367
Dear Ms Wicker
2 6�`PIIRUWRY
FEB 1 5 2012
DENR WATER WETLANDS AND STORMWATER BRANCH
Environmental Corporation of America (ECA) is assisting our client American Towers LLC
with environmental due diligence for the proposed project American Towers LLC plans to
construct a 90 foot monopole telecommunications structure (overall height with appurtenances)
and a 50 foot by 50 foot fenced compound within a 100 foot by 100 foot lease area The area of
disturbance associated with the fenced compound will measure 57 feet by 57 feet and will
include mechanized clearing outside the proposed 50 foot by 50 foot equipment compound The
proposed compound would be accessed by a proposed approximate 2 534 foot by 25 foot
access /utility easement which is shown on the Site Plans in Appendix A and most of which is
occupied by an existing paved or gravel drive (Mabee Way) A new gravel covered access drive
would be constructed over approximately 879 feet of the easement from Mabee Way to the
proposed lease area The access drive would include a 12 foot wide running surface a total 18
foot wide area of fill to include side slopes and buried utilities and a 21 foot wide limit of
mechanized disturbance
Background
The portions of the project site which will require development are located within an area of
densely wooded land occupied by planted pines hardwoods and a dense woody understory
Wetlands were determined by ECA and USACE to be present within portions of the proposed
access /utility easement and lease area ECA met with USACE on September 29 2011 to review
wetland boundaries established by ECA USACE requested several edits to the information
submitted with the Jurisdictional Determination (JD) Request Revised information was
1375 Umon Hill Industrial Court State A Alpharetta Georgia 30004 [phone] fax [phone] www eca usa com

Page 2
submitted to USACE on September 30 2011 and February 1 2012 As of the date of this Pre
Construction Notification the Jurisdictional Determination is pending Documentation of
Jurisdictional Determination consultation is included in Appendix C
Proposed Impacts
Based on the proposed project design and the wetlands boundaries verbally confirmed by
USACE American Towers LLC plans to impact 6 622 square feet (0 15 acres) of the identified
Jurisdictional wetlands
Construction of the proposed equipment compound would result in 0 07 acres of forested
wetland impacts The proposed equipment compound would be 50 feet by 50 feet The proposed
limits of mechanized disturbance associated with the compound would be 57 feet by 57 feet
Any clearing required beyond the 57 foot by 57 foot area would be done by hand The 50 foot
by 50 foot compound would be constructed by compacting the sub grade and covering with
gravel over geotextile In addition a fence would be placed around the compound and concrete
foundations for the proposed tower and an equipment shelter would be placed within the
proposed compound
Construction of the access drive would result in 0 08 acres of forested wetland impacts The
proposed access drive would include a 12 foot running surface with an 18 foot total fill width (to
include 50% side slopes) Utilities would be buried beneath the access drive side slopes The
limits of mechanized clearing would measure 21 feet in width Any additional clearing outside
this corridor would be done by hand A 15 inch by 20 foot culvert would be placed beneath the
access drive within the wetland in order to maintain hydrologic connectivity between wetlands
remaining on either side of the access The access would be constructed by compacting the sub
grade and covering with gravel over geotextile
Site layout drawings including wetland boundaries areas of impact cross sections of easement
and compound areas and proposed volumes of fill /cut materials are provided in Appendix A
It appears that the proposed project would meet the criteria for authorization under Nationwide
Permit (NWP) 39 NWP 39 requires that a Pre Construction Notification be prepared Therefore
ECA has prepared this document along with attachments on behalf of American Towers LLC
(Applicant) A Pre Construction Notification form has been completed and is included in
Appendix B
Site Selection, Avoidance, and Minimization
The selection of wireless telecommunications facilities is based primarily on the established grid
within a specific service area Within the service area antenna structures have been previously
constructed at specific nodes As such there is limited flexibility when selecting the exact
F PROJECT /2011 Prof /Regulatory/Wetlands /M 382/M382_PCN Letter doc

Page 3
locations of new facilities to allow for factors such as acceptable coverage available sites and sites
which are environmentally sensitive
Factors considered in choosing the site location included RF coverage objectives existing land use
considerations environmentally sensitive sites and the willingness of individual land owners to
enter into a contract for sale or lease of a suitable parcel of real estate for construction of the subject
facility Based on these considerations the subject property was selected as the preferred
alternative
The primary carrier to be located on the proposed tower is AT &T The 90 foot monopole tower
is required by AT &T to improve weak coverage to motorists along Murrayville Road and to
residences in neighborhoods along and off of Murrayville Road As shown the selection of the
proposed site location is based in part on availability of required space and willingness of the
property owner to enter into a lease for the development of the land as a communications tower
site
Only two parcels large enough to meet tower height setback requirements were identified within
the specific coverage objective search area The original site was across Mabee Way from the
currently proposed site and on land owned by the New Hanover Department of Education This site
was not feasible due to disagreement between New Hanover County and the nearby elementary
school s PTA
The specific tower location on the parent tract was chosen based on the willing land owner s
wishes The property owner would only allow the facility to be placed in its currently proposed
location to minimize effects on future tract development The proposed facility would sit along the
southern most property boundary reserving the remainder of the tract to the north for potential
future development without such development being hampered by the physical presence or visual
intrusion of the proposed tower facility
In addition the proposed tower site cannot be moved closer to Mabee Way due to surrounding
Single Family Residential uses along the southern tract boundary and airspace issues associated
with the nearby Wilmington International Airport Current proposed tower height is 90 feet due to
the location within the primary and secondary approach zones for Runway 24 at the Wilmington
International Airport Moving the facility further to the north would require a taller tower to meet
the coverage objectives for residences and traffic along Murrayville Road A taller tower would not
be allowed due to airspace issues
American Towers LLC has limited the proposed equipment compound size to 50 feet by 50 feet
from the standard 100 feet by 100 feet The total area of wetland disturbance associated with the
compound will measure 57 feet by 57 feet A total of 7 605 square feet of wetlands are located
within the 100 foot by 100 foot lease area By reducing the area of disturbance associated with the
compound from 100 feet by 100 feet to 57 feet by 57 feet wetland impacts have been minimized
by 4 538 square feet
F PROJECT /2011 Proj/Regulatory/Wetlands /M 382/M382_PCN Letter doc

Page 4
The running surface of the access drive has been limited to 12 feet of the proposed 25 foot wide
access /utility easement The total width of fill would be approximately 18 feet due to needed side
slopes (50% or 2 1) The total width of mechanized disturbance would be 21 feet which is the
minimal amount necessary to ensure continued clearance for construction and facility maintenance
vehicles with minimal vegetation maintenance
American Towers LLC proposes to install silt fencing around the entire area of disturbance
(uplands and wetlands) to prevent indirect impacts to surrounding wetlands as a result of sediment
runoff After completion of construction activities American Towers LLC would remove the silt
fencing and any sediment deposits bring the area to grade and properly stablize the site per the
sediment and erosion control plan which will be reviewed by NCDENR as part of the Coastal
Stormwater Management Permit process
Based on the information provided above constraints associated with siting of the proposed facility
would result in unavoidable wetland impacts However American Towers LLC has demonstrated
both avoidance and minimization in the proposed project design to the extent possible
Mitigation
Based on the area of proposed impacts (0 15 acres of forested wetland) it appears that
compensatory mitigation would be required ECA assumes that a 2 1 mitigation ratio will be
applied Therefore a total of 0 30 acres of mitigation would be required
No mitigation banks with current approval are located within the project watershed (03030007 —
Northeast Cape Fear) Therefore American Towers LLC proposes to purchase 0 5 non riparian
freshwater wetland in lieu fee credits from the North Carolina Ecosystem Enhancement Program
(NC EEP) We understand that in lieu fee credits are sold in 0 25 acre /credit increments A credit
request statement submitted by ECA to NC EEP on behalf of American Towers LLC is included in
Appendix D A response from NC EEP will be forwarded upon receipt
Additional Information
The Pre Construction Notification Form has been completed and is included in Appendix B An
Agent Authorization Form is also included in Appendix B
The Lease Agreement between American Towers LLC and the parent parcel land owner is
included in Appendix E Per the lease agreement American Towers LLC has been granted the
authority to obtain the necessary permits in order to construct the project
A list of adjoining property owners and addresses are provided in Appendix H A survey
showing the locations of these adjacent parcels is also included in Appendix H
F PROJECT /2011 Proj/Regulatory/Wetlands/M 382/M382_PCN Letter doc

Page 5
The Raleigh Field Office of the US Fish and Wildlife Service has specifically requested that they
not be consulted for proposed telecommunications tower projects unless the applicant/consultant
has determined that suitable habitat for threatened or endangered species is present within the
project area This guidance is included in Appendix F
ECA has performed an Informal Biological Assessment at the project site to evaluate for
potential impact to federal and state protected species ECA found that no suitable habitat for
federal or state threatened or endangered species is present within the project impact area The
Informal Biological Assessment is provided in Appendix F
ECA evaluated the proposed project for effects on Historic Resources per the Federal
Communications Commission and North Carolina State Historic Preservation Office (NC SHPO)
guidelines Based on research performed and consultation with NC SHPO ECA has concluded
that the proposed project will have no effect on Historic Resources listed in or eligible for listing
in the National Register of Historic Places including archaeological resources The NC SHPO
finding with regard to impacts of the proposed project on Historic Resources is included in
Appendix G
Conclusions and Recommendations
Based on the information collected during this project the resources reviewed and our site
inspections ECA has determined that portions of the proposed equipment compound and access
drive are located within jurisdictional wetlands Construction of the facility would result in 6 622
square feet (0 15 acres) of impacts to wetlands Impacts would result from the placement of
gravel and soil fill material associated with access road turnaround and compound construction
and concrete associated with equipment and tower foundations A culvert would also be placed
within the wetland and beneath the access drive to maintain hydrologic connectivity ECA has
prepared the documentation contained in this report in order to receive US Army Corps of
Engineers authorization for these proposed wetland impacts
Based on the nature of the proposed project ECA believes that the project would meet the
criteria for authorization under Nationwide Permit 39 The proposed impacts would be less than
'/2 acre and are unavoidable due the willingness of the parent tract landowner and his/her
stipulations for project construction and constraints related to nearby residential setbacks and
airspace issues
In order to mitigate for the proposed wetland impacts American Towers LLC proposes to
purchase 0 5 non riparian wetland in lieu fee credits from the NC EEP A credit request has been
made and is included in Appendix D A response from NC EEP will be forwarded upon receipt
Regarding Section 401 Water Quality Certification projects that are authorized under
Nationwide Permit 39 do not require written certification from the North Carolina Division of
Water Quality (NCDWQ) assuming that the project meets the criteria of General Certification
3821 (See Appendix I) Based on the specifications of the proposed project no written Section
F PROJECT /2011 Proj/Regulatory /Wetlands/M 382/M382_PCN Letter doc

Page 6
401 Water Quality Certification would be required ECA will however provide a courtesy copy
of this PCN to NCDWQ and will provide documentation of completed mitigation once received
Closure
If you have any questions about the contents of this report please contact Ben Salter of ECA at
[phone]
Sincerely
Environmental Corporation of America
Itch Clark
Project Scientist
Attachments
Appendix A — Figures
Ben Salter REP
Principal Wetlands Scientist
Appendix B — Pre Construction Notification Form and Agent Authorization
Appendix C — Jurisdictional Determination
Appendix D — NC EEP In Lieu Fee Credit Request
Appendix E — Lease Agreement
Appendix F — Informal Biological Assessment
Appendix G — Historic Resource Consultation
Appendix H — Adjoining Property Owners
Appendix I — NC DWQ General Certification 3821
F PROJECT /2011 Proj/Regulatory/Wetlands/M 382/M382_PCN Letter doc

APPENDIX A
FIGURES

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Source: USGS Topographic Quadrangle Map, 7.5 Minute Series, Scotts Hill, NC (1970)
ATC - 273409 (Murraysville NC) �_G1ITALC���
it
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N Wilmington, New Hanover County, North Carolina
�A'AKER�P
Figure 1: Site Location
ECA Proj. #: M -382

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APPENDIX B
PRE CONSTRUCTION NOTIFICATION FORM
AND AGENT AUTHORIZATION

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION
LOT NO PLAN NO
STREET ADDRESS Mabee
Wilmington New Hanover County NC
Please print
Property Owner TF Holdings Limited Partnership
MVrraAsu 16 ` N(-
PARCEL ID R02700-001 -003 000
Property Owner. American Towers LLC (lessee has authority to obtain necessary permits per lease agreement)
The undersigned, registered property owners of the above noted property, do hereby authorize
Ben Salter , of Environmental Corp of America
(Contractor / Agent) (Name of consulting flrm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached
Property Owner's Address (if different than property above)
10 Presidential Way Woburn MAO 1801 (Lessee)
Telephone [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge
Signature Authorized Signature
vZ—i3 —)- - Date
RICHARD ROSSI
'Ice President ContractManagemerd

\O2ot W A TF9
- r
> 1
O .c
20120170
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification PCN Form
A Applicant Information
R
1
Processing
1 a
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
1b Specify Nationwide Permit (NWP) number 39 or General Permit (GP) number
1 c
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
® Yes ❑ No
For the record only for Corps Permit
❑ Yes ® No
1f
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
® Yes
❑ No
1 g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
N Yes
❑ No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
American Towers LLC 273409 (Murraysv lle NC)
2b
County
New Hanover
2c
Nearest municipality / town
Murraysvdle
2d
Subdivision name
2e
NCDOT only T I P or state
project no
U
\y g m
3
Owner Information FER
3a
Name(s) on Recorded Deed
TF Holdings Limited Partnership
pro
3b
Deed Book and Page No
1783/1251 6NE ps
ALITY
3c
Responsible Party (for LLC if
applicable)
3d
Street address
1202 Eastwood Road
3e
City state zip
Wilmington NC 28403
3f
Telephone no
910 799 8755
3g
Fax no
3h
Email address
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other specify Proposed Lessee
4b
Name
Elyssa Bailey
4c
Business name
(if applicable)
American Towers LLC
4d
Street address
10 Presidential Way
4e
City state zip
Woburn MA 01801
4f
Telephone no
781 9264916
4g
Fax no
781 9267011
4h
Email address
enviro services @amencantower com
5
Agent/Consultant Information (if applicable)
5a
Name
Ben Salter
5b
Business name
(if applicable)
Environmental Corporation of America
5c
Street address
1340 Patton Avenue Suite K
5d
City state zip
Asheville NC 28806
5e
Telephone no
828 505 0755
5f
Fax no
828 505 0959
5g
Email address
ben salter @eca usa com
Page 2 of 11
PCN Form — Version 1 3 December 10 2008 Version

B Project Information and Prior Project History
1 Property Identification
1a Property identification no (tax PIN or parcel ID)
R02700 001 003 000
Latitude 34 300745 Longitude
lb Site coordinates (in decimal degrees)
77 846557
(DD DDDDDD) ( DD DDDDDD)
1 c Property size
280 63 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc) to
Smith Creek
proposed project
2b Water Quality Classification of nearest receiving water
C Sw
2c River basin
03030007
3 Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Site is timberland Surrounding area is timberland residential development and an elementary school development
3b List the total estimated acreage of all existing wetlands on the property
Unknown on entire parent tract Proposed lease area and easements = 0 27 acres of wetlands
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
No streams on property
3d Explain the purpose of the proposed project
To provide wireless telecommunications service to surrounding residences elementary school and traffic along
Murraysville Road
3e Describe the overall project in detail including the type of equipment to be used
American Towers LLC would construct a 50 foot by 50 foot gravel covered fenced telecommunications equipment
compound within a 100 foot by 100 foot lease area The limits of mechanized disturbance associated with the compound
would measure 57 feet by 57 feet Any clearing required beyond the 57 foot by 57 foot area would be done by hand
The compound would be occupied by a 90 foot monopole tower and associated ground level equipment An 879 foot
portion of the proposed access /utility easement would be improved with a gravel covered access drive and buried
utilities The access drive would measure approximately 18 feet wide (including 50% side slopes) with a 21 foot wide area
of mechanized disturbance Utilities would be buried beneath the access drive Construction of the compound would
result in 0 07 acres of forested wetland impacts Construction of the access drive would result in 0 08 acres of forested
wetland impacts A culvert would be installed beneath the a/u easement and within the wetland to maintain hydrologic
connectivity between remaining wetlands Construction equipment to be used would be typical for such work and would
include dozers graders and trucks
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No El Unknown
project (including all prior phases) in the pasty
Comments Yes awaiting approved final JD
4b If the Corps made the jurisdictional determination what type
❑ Preliminary ® Final
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company ECA
Name (if known) Ben Salter ECA
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
USACE JD pending Chris Coburn of NCDWQ visited the site and determined that there were no state regulated streams
Page 3 of 11
PCN Form — Version 1 3 December 10 2008 Version

5 Project History
5a Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b If yes explain in detail according to help file instructions
6 Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes explain
Page 4 of 11
PCN Form — Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ❑ Streams tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non 404 other)
(acres)
Temporary
W1 ®P ❑ T
Permanent Fill
and clearing
forested
® Yes
❑ No
® Corps
[:1 DWQ
0 08
W2 ®P ❑ T
Permanent Fill
forested
® Yes
❑ No
® Corps
❑ DWQ
007
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
015
2h Comments W1 impacts would include an 18 foot wide access road (including side slopes) with buried utilities and clearing
on either side of the proposed road Total width of impact would be 21 feet W2 would result from construction of a gravel
covered fenced equipment compound and adjacent clearing The compound would be 50 feet by 50 feet and the limits of
clearing 57 feet by 57 feet Any additional clearing outside this area would be done by hand
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non 404
width
(linear
Temporary (T)
(INT)7
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
[:11 NT
❑ DWQ
3h Total stream and tributary impacts
31 Comments
Page 5 of 11
PCN Form —Version 1 3 December 10 2008 Version

4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
517 Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
51 Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
B1 ❑P ❑T
❑Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑ P ❑ T
El Yes
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 11
PCN Form — Version 1 3 December 10 2008 Version

D Impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The proposed equipment compound was reduced to 50 x50 from a standard 100 x100 to reduce impacts The proposed
access drive was designed with a minimal running surface of 12 feet to reduce impacts to wetlands A culvert is proposed
beneath and within W1 to maintain hydrologic conductivity between remaining wetlands
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
A coastal stormwater permit is being obtained and a sediment and erosion control plan prepared Stringent erosion and
sediment control measures will be implemented during and after construction to prevent impacts to adjacent wetlands from
sediment runoff Mechanized clearing will be limited only to the proposed impact areas Any additional clearing outside
proposed areas of disturbance will be conducted by hand
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
® Yes ❑ No
2b If yes mitigation is required by (check all that apply)
❑ DWQ ® Corps
2c If yes which mitigation option will be used for this
projects
❑ Mitigation bank
®Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
® Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non riparian wetland mitigation requested
0 5 acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments 2 1 mitigation ratio = 0 30 acres EEP only sells credits in 0 25 acre increments therefore 0 5 credits have
been requested
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Page 7 of 11
PCN Form — Version 1 3 December 10 2008 Version

6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
15
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 8 of 11
PCN Form — Version 1 3 December 10 2008 Version

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If no explain why
❑ Yes 0 N
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this protect?
1 1 %
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan explain why
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative
description of the plan
Based on impervious surface area no structural BMPs are required Silt fencing is proposed around entire area of
disturbance and immediate stabilization of soils will be implemented
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
New Hanover County
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4
DWQ Stormwater Program Review
® Coastal counties
❑ HQW
4a
Which of the following state implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10 2008 Version

F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter)
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after the fact permit application?
❑ Yes ® No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development which could impact nearby downstream water quality?
3b
If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
4
Sewage Disposal (DWQ Requirement)
4a
Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from
the proposed project or available capacity of the subject facility
Not applicable unmanned facility
Page 10 of 11
PCN Form — Version 1 3 December 10 2008 Version

5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
® Raleigh
5c If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Raleigh field office does not want to consult on communications tower projects where the consultant has determined that
there will be no effect on T &E species See attached letter from USFWS and Informal Biological Assessment
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Online Essential Fish Habitat Mapper
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
Consultation with NC SHPO See attached consultation
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
❑ Yes ® No
8b If yes explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? Online FEMA Flood Mapper
Ben Salter Agent
� h
i•
Applicant/Agent s Printed Name
Ap icant/Age t Signature
D e
(Agents signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11
PCN Form — Version 1 3 December 10 2008 Version

APPENDIX C
JURISDICTIONAL DETERMINATION

From Ben Salter
To Wicker. Christine W SAW
Subject RE American Tower Murraysvllle NC Telecommunications Site (UNCLASSIFIED)
Date Wednesday February 01 2012 2 0100 PM
Attachments JDform Wetland A.odf
JDform Wetland Bmclf
Murrawille FCD s Rev 2 G 0 2012 01 30 #4.odf
Murrayville Final Survey (Rey 5) C 4 2012 01 30.odf
HI Christy we finally have the needed Items for the Murraysvllle JD
I ve attached a JD form for each of the wetland areas Identified
I ve also attached the site survey and the grading plan (shows a little more detail) both with the
certification statement and signature blocks
I have hard copies of these If you need them
It looks like we would have about 35 linear feet (0 01 acre) of RPW ditch Impacts Would you suggest
that we Include this in our wetland mitigation proposal with general wetland credits from EEP?
Let me know of any questions or comments
Thanks'
Ben
Ben Salter REP
Environmental Corp of America (ECA)
1340 Patton Avenue Suite K
Asheville NC 28806
Office [phone]
Fax [phone]
Mobile [phone]
ben salter @eca usa com
www eca usa com
Alpharetta GA / Asheville NC / Chicago IL / Nashville TN / West Palm Beach FL
Original Message
From Wicker Christine W SAW [mallto. Christi ne .W.Wlcker(&usace.army.mlI]
Sent Monday October 17 20112 37 PM
To Ben Salter
Subject RE American Tower Murraysvllle NC Telecommunications Site (UNCLASSIFIED)
Ben
I was able to stop by on my way home last Thursday The line looked good and
you can go ahead and get it surveyed Once I receive the survey I will send
out the JD Also can you send me an electronic copy of the rapanos forms? I
looked through my email and couldn t find one if you already sent it to me
Thanks Christy
Christy Wicker
Regulatory Specialist
U S Army Corps of Engineers
69 Darlington Ave
Wilmington NC 28403
[phone] (Ph)
[phone] (Fax)

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403 1343
August 9 2011
Regulatory Division
Action ID No SAW 2011 01367
American Tower Inc
Attn American Tower Corporation
10 Presidents Way
Woburn Massachusetts 01810
Dear American Tower Corporation
This letter is in reference to the submitted verification of Junsdictional determination for the
project area American Cell Tower (273409) at the end of Mabee Way in Wilmington New
Hanover County North Carolina On July 20 2011 Mrs Christy Wicker of the U S Army
Corps of Engineers Wilmington Regulatory Field office made a site visit to verify the line
flagged by Ben Salter of Environmental Corporation of America and found some areas of
question On July 26 2011 Mrs Christy Wicker and Mrs Emily Hughes did a second site visit
specifically after a rainfall to look at the areas in questions and determined that the site needs to
be re delineated
The Corps recommend revisiting the site for delineation in late fall /early winter due to weak
hydrology indicators on data forms DP 4 and DP 5 The Corps recognizes that both site visits
both took place during times of drought but hydric soil indicators were not detected in some
areas Three (3) pink wetland delineation flags were hung in separate locations along the cutline
where hydric soils were identified Also the 25 foot easement and the 100 x 100 foot project
area needs to be clearly identified in order to properly verify the delineation
Should you have any questions please contact me at [phone]
Sincerely
IJ
Christine Wicker
Wilmington Regulatory Field Office

Copy Furmshed
Environmental Corporation of America
Attn Ben Salter
1340 Patton Avenue Suite K
Asheville North Carolina 28806

APPENDIX D
NC EEP IN LIEU FEE CREDIT REQUEST

Statement of Compliance with Session Law 2009 -337 An Act to Promote
the Use of Compensatory Mitigation Banks and SL 2011 -343
(link to SL 2009 337) (fink to SL 2011 343)
Prior to accessing the Ecosystem Enhancement Program (EEP) In Lieu Fee Mitigation Program all
applicants requesting wetlands, stream and /or riparian buffer mitigation are now required by law to
comply with Session Law 2009 337 An Act to Promote the Use of Compensatory Mitigation Banks as
well as Session Law 2011 343 which made changes to the operation of the NCEEP All new requests
submitted on or after June 27 2011 MUST include this form signed and dated by the permit applicant
or an authorized agent Please refer to DENR s Implementation Policy for more detailed guidance
Compliance Statement
I have read and understand SL 2009 337 and SL 2011 343 and have, to the best of my
knowledge, complied with their requirements I understand that participation in the
NCEEP is voluntary
Please check all that apply
Applicant is a Federal or State Government Entity or a unit of local government
meeting the requirements set forth in G S 143 214 11 (as amended by SL 2011
343) and is not required to purchase credits from a mitigation bank
X There are no known mitigation banks with the requested credit type located in
the hydrologic unit where this impact will take place (link to DWQ list) (see
approved mitigation bank link under Options for compensatory mitigation heading)
I have contacted the mitigation bank(s) in the hydrologic unit where the impacts
will occur and credits are not available
The DWQ or the Corps of Engineers did not approve of the use of a mitigation
bank for the required compensatory mitigation for this project
Note It is the applicant's responsibility to document any inquiries made to private
mitigation banks regarding credit availability
CA� I have read and understand EEP's refund policies (attached)
initial here
0�� C itt-ey **&As�t[6�A14A
Signature o App scant or Agent Printed Name
Its 6
Date
American Towers LLC 273409 (Murraysvdle NC)
Project Name
Wilmington New Hanover County NC
Location

NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN -LIEU FEE REQUEST FORM
Revised 8/11/2011
Print this form fill in requested Information sign and date and either mad to NCEEP 1652 Mad Service Center Raleigh NC
27699 1652 fax to 919 715 2219 or email to kelly williams ()ncdenr oov Attachments are acceptable for clarification purposes
(location map or lat long is required) Review meetings are held on Tuesday afternoons Information submitted is subject to INC
Public Records Law and may be requested by third parties
CONTACT INFORMATION APPLICANTS AGENT (optional) APPLICANT
1 Business or Individual Name Environmental Corp of America American Towers LLC
2 Street Address or P O Box 1340 Patton Ave Suite K 10 Presidential Way
3 City State Zip Asheville NC 28806 Woburn MA 01801
P 4 Contact Person I Ben Salter i Elyssa Bailey I
5 Telephone Number 828 505 0755 781 926 -4916
6 Fax Number 828 505 0959 781 9267011
7 E Mad Address (optional) ( ben salter @eca usa com enviro services @amencantower cpm
i PROJECT INFORMATION
I I
8 Project Name
9 Project Location (nearest town city)
ATTACH MAP SHOWING IMPACT LOCATI
10 Lat Long Coordinates (optional)
11 Project County
American Towers LLC 273409 (Murraysville NC)
Mabee Way Wilmington NC
34 300745 N 77 846557 W
New Hanover
12 River Basin & Cataloging Unit (8 digit)
(see Note 1) 03030007
' 13 Project Type * *specify owner type and E Government X Private
write in project type (e g school church retail
residential SD apartments road utilities
military etc ) I
14 Riparian Wetland Impact (ac) (e g 0 13)
15 Non Riparian Wetland Impact (ac) j0 15 acres of forested wetland impact (non riparian)
17 Stream Impact (ft ) (e g 1 234) �mm�Warm � Cool _ Cold
t II
18 Riparian Buffer Impact (sq ft ) Zone 1 Zone 2
_ (where applicable) _
19 Regulatory Agency Staff Contacts i i USACE Chris Wicker DWQ NA
(Indicate names if known) Christy I
20 Other Regulatory ID Information
(e g USACE Action ID If known)
IMPORTANT
Check (�) below If this request Is a
_ revision to a current acceptance or
_ re submission of an expired acceptance
—extension of unexpired acceptance
USACE SAW 2011 01367
By signing below the applicant is confirming they have
read and understand EEP s refund Ihorized icy posted at
I nceep net
s
Sig natu�Appli0n or A Agent
Z.
Note 1 For help in determining the Cataloging Unit visit www nceeo net or contact EEP
Direct questions to Kelly Williams at 919 716 1921 or kelly williamsCa7ncdear gov or to EEP s front desk at 919 715 0476

Refund Policy for Fees Paid to EEP s In Lieu Fee Programs (9/21/2009)
Purpose The purpose of this policy is to make clear the circumstances and process under which a
permttee can obtain a refund while simultaneously balancing customer service and responsible
business practices This policy applies to all refund requests made on or after the publication date of
this policy
1 All refund requests must be made in writing to EEP s In Lieu Fee Program Coordinator at
kelly williamsCa)_ncdenr gov
2 All refund requests are subject to fund availability EEP does not guarantee fund availability for
any request
3 The request must either come from the entity that made the payment or from an authorized agent
Third parties requesting refunds must provide written authorization from the entity that made the
payment specifying the name and address of the authorized refund recipient
4 Refund requests related to unintended overpayments typographical errors or incorrect invoices
should be brought the attention of the In Lieu Fee Program Coordinator as soon as possible Such
requests are typically approved without delay
5 Payments made under EEP s incremental payment procedure are not eligible for refunds
6 Refund requests made within nine months of payment to EEP will only be considered for requests
associated with projects that have been terminated or modified where the permttee s mitigation
requirements have been reduced Such requests must be accompanied by written verification from the
permitting agency that the project has been cancelled the permits have been rescinded or have been
modified or the mitigation requirements have been reduced
7 Refund requests made more than nine months from the payment date will only be considered for
permits that were terminated or modified to not require any mitigation Such requests must be
accompanied by written verification from the permitting agency that the project has been cancelled the
permits have been rescinded and /or mitigation is no longer required
8 Refund requests not meeting the criteria specified above are not eligible for a refund
9 Refund requests that meet the criteria above will be elevated to EEP Senior Management for
review The following considerations apply to all refund requests
a availability of funds after consideration of all existing project and regulatory obligations
b the date the payment was made
c the likelihood EEP can use the mitigation procured using the payment to meet other
mitigation requirements
10 Once a refund has been approved the refund recipient must provide a completed W 9 form to
EEP s In Lieu fee Program Coordinator within two weeks in order to process the refund though the
State Controllers Office
1 I All decisions shall be final

APPENDIX E
LEASE AGREEMENT

Site Name Murraysville
Site Number 273409
OPTION AND LEASE AGREEMENT
THIS OPTION AND LEASE AGREEMENT ( "Agreement") is made effective as of the
date of the latter signature hereof (the "Execution Date') and is by and between Optionee/Tenant and
Optionor/Landlord
RECITALS
A WHEREAS, Optionor is the owner of that certain parcel of land (the "Property ") located in the
County of New Hanover State of North Carolina as more particularly described on Exhibit A
and
B WHEREAS Optionor desires to giant to Optionee an option to lease from Optionor a portion of
the Property (the Premises) together with easements for ingress and egress and the installation
and maintenance of utilities (the Easement) both being approximately located as shown on
Exhibit B (the Premises and the Easement will collectively be referred to herein as the Site )
NOW THEREFORE in consideration of the sum of $10 00 the mutual covenants and
agreements herein contained, and other good and valuable consideration, the receipt adequacy and
sufficiency of all of which are hereby acknowledged the parties hereto hereby agree as follows
Business Terms For the purposes of this Agreement the following capitalized terms have the meanings
set forth in this paragraph 1
(a) Optionee/Tenant American Towers Inc a Delaware corporation
(b) Optionee s/Tenant's Notice Address American Towers Inc
c/o American Towei Corporation
10 President Way
Woburn MA 01810
Attn Land Management
with a copy to Amei scan Towers Inc
c/o American Tower Corporation
116 Huntington Ave
Boston MA 02116
Attn Law Department
(c) Optionor/Landlord TF Holdings Limited Partnership
(d) Optionor s/Landlord's Address 1202 Eastwood Road
Wilmington NC 28403
With a copy to each of the following
Raiford Trask III Brian Eckel David G Martin
1202 Eastwood Road 1051 Military Cutoff Road Smith Moore Leatherwood
Wilmington, NC 28409 Wilmington NC 28405 300 North Yd Stieet Suite 301
Wilmington, NC 28401

Site Name Munaysville
Site Number 273409
(e) Option Commencement Date The Execution Date
(f) Option Consideration (Initial Option Term) $1400 00
(g) Option Extension Consideration (Renewal Option Term) $1,400 00
(h) Initial Option Term Six (6) months
(i) Renewal Option Term(s) One (1) period of Six (6) months
0) Commencement Date The date specified in the written notice by Optionee to Optionor
exercising the Option constitutes the Commencement Date of the Lease
(k) Rent The monthly amount of $1400 00 increased as further provided for in paragraph
14(b) and 1(n) hereof
(1) Initial Base Rent Rent due to Landlord fi om Tenant first Lease Yeai
(m) Lease Year The fast Lease Year will be the period commencing on the Commencement
Date and ending on the date immediately preceding the one year anniversary of the Commencement Date
Each Lease Year thereafter will be a 12 successive calendar month period
(n) Rent Increase Rent will increase at the commencement of each Renewal Term by an
amount equal to 15% of Rent for the previous 5 year period as further described in paragraph 14 below
(o) Initial Term 5 years commencing on the Commencement Date (as defined in paragraph
10) hereof) and continuing until midnight of the day immediately prior to the 5'" anniversary of the
Commencement Date
(p) Renewal Terms Subject to paragraph 13(b) hereof, each of the five (5) successive periods of
five (5) years each with the first Renewal Term commencing upon the expiration of the Initial Term and each
subsequent Renewal Term commencing upon the expiration of the immediately preceding Renewal Term
I OPTION
2 Grant of Option Optionor hereby gives and grants unto Optionee and its assigns an exclusive
and irrevocable option to lease the Premises and use the Easement pursuant to the terms of this
Agreement (the Option ) Optionoi agrees and acknowledges that Optionee may at Optionee s sole cost
have a metes and bounds survey of the Site survey prepared and that the legal description of the Site as
shown on such survey will thereafter become the legal desci iption of the Site
3 Initial Option Term The Initial Option Term is as set forth in paragraph 1(h)
4 Extension of Option This Option will automatically be extended for each Renewal Option
Term unless Optionee provides Optionor written notice of its intent not to extend the Option Optionee
will pay Optionor the Option Extension Consideration within thirty (30) days of the commencement of
the Renewal Option Term
5 Consideration for Option Option Consideration is due and payable in full within thirty (30)
days of the Option Commencement Date Payment of the Option Consideration by Optionee to Optionor
will be credited in full to the first year s Rent due Optionor if this Option is exercised by Optionee

Site Name Murraysville
Site Number 273409
6 Optionor's Representations and Warranties As an inducement for Optionee to enter into and
be bound by the terms of this Option Optionor represents and warrants to Optionee and Optionee's
successor s and assigns that
(a) Optionor has good and marketable title to the Property free and clear of all liens
and encumbrances other than those of record in New Hanover County Optionee may at Optionee's sole
cost and expense procure an abstract of title or a commitment to issue a policy of title insurance
(collectively 7711e ) on the Property In the event that Optionee objects to any defect or cloud on Title
Optionee will notify Optionor in writing of the defect of cloud and Optionor will have 15 days to clear the
defect or cloud to Optionee s satisfaction If the title is not cleared to Optionee s satisfaction within such
15 day poi rod then Optionee may declare this Option to be void and of no further force or effect
whereupon this Option will terminate and there will be no further liability of the parties accruing
hereunder however if within the 15 day period Optionor is diligently pursuing a cure Optionor shall
have up to 34 days to cure the defect or cloud on Title
(b) Optionor has the authority to enter into and be bound by the terms of this Option
(c) To the best of Ophonor's knowledge there are no pending or threatened
administrative actions including bankruptcy or insolvency proceedings under state or fedetal law, suits
claims or causes of action against Optionor or which may otherwise affect the Property and
(d) The Property is not presently subject to an option lease or other contract which
may adversely affect Optionor s ability to fulfill its obligations under this Option and Optionor covenants
that it will not grant an option or enter into any contract which will affect the Property or the Site until
this Option expires or is terminated by Optionee
These repiesentations and warranties of Optionor survive the exercise of the Option and
the termination of expiration of the term of this Agreement
7 Taxes Optionor will pay any ad valorem taxes or othei special assessment taxes attributable to
the Property and the Easement during the Initial Option Term and any Renewal Option Term of this
Option
8 Liquidated Damages American Towei is not obligated to exercise this Option In the event the
Option is not exercised Optionor's sole compensation and damages will be fixed and liquidated to the
sums paid by Optionee to Optionor as consideration for this Option Furthermore, Optionor hereby
expressly waives any other remedies it may have for a breach of this Option by Optionee including
specific performance and damages for breach of contiact
9 Inspections and Investigations Ophonor hereby grants to Optionee its officers agents
employees and independent contractors the right and piivilege to entei upon the Property at any time after
the date of this Option to perform or cause to be performed test borings of the soil environmental audits
engineering studies and to conduct a survey of the Property and /or the Site (collectively the
`Environmental Tests') Optionor will provide Optionee with any necessary keys or access codes to the
Property if needed for ingress and egress, and Optionee will not unreasonably interfere with Optionot's
use of the Property in conducting these activities Optionee agrees to give Optionor 24 hours advance
notice before entering the Property during the Option Term In the event of any invasive testing
Optionor reserves the right to have a representative present during the testing Optionee agrees to keep
the results of the Environmental Tests confidential unless disclosure is legally required or required for
Optionee to be able to use the site for its Intended Use Notwithstanding the foregoing Optionee may
disclose the results of the Environmental Tests to potential or actual licensee(s) or sublessee(s)

Site Name Murraysville
Site Number 273409
10 Furthgr Acts Optionor will cooperate with Optionce in executing any documents necessary to
protect Optionee s rights under this Option or Optionee's use of the Site, including the execution and
delivery of a Memorandum of Option and Lease in a form acceptable to Optionee, and to take such action
as Optionee may reasonably require to effect the intent of this Option Optionor hereby irrevocably
appoints Optionee or Optionee s agent as Ophonor s agent to file applications on behalf of Optionor with
federal state and local governmental authoi ities which applications relate to Optionee s Intended Use (as
defined in paragraph 12 of this Agreement) of the Site including but not limited to land use and zoning
applications Any necessary applications or permits will be obtained at Optionee s sole cost and expense
11 Exercise of Option Upon the tender of written notice of Optionee s intent to exercise the
Option, the terms and conditions of the Agreement applying to the leasing of the Premises and use of the
Easement governs the relationship of the parties and this Agreement will thereaftei be referred to as the
Lease' Optionor will thereafter be referred to as Landlord' and Optionee will thereafter be referred to
as Tenant
H GROUND LEASE
12 Use
(a) Tenant shall be permitted to use the Site foi the purpose of constructing, maintaining,
securing and operating a communications facility including but not limited to the construction or
installation and maintenance of towers structural tower base(s) communications equipment one or more
buildings or equipment cabinets, radio transmitting and receiving antennas and ielated facilities on the
Premises (collectively, the "Tower Facilities') to facilitate the use of the Site as a site for the
tiansmission and ieceipt of wireless communication signals including but not limited to voice, data and
internet transmissions and foi any other uses which are incidental thereto (the "Intended Use') Tenant
may at its sole expense use any and all appropriate means of restricting access to the Premises or the
Tower Facilities including without limitation construction of a fence Tenant may at Tenant's sole
expense construct Tenant s Tower Facilities on the Site to meet Tenant's needs and Tenant shall maintain
the Premises in aacommercially reasonable condition throughout the Initial Term and any Renewal Terms
reasonable wear and tear and damage from casualty and condemnation excepted Landlord shall
reasonably cooperate with Tenant in executing any documents necessary to protect Tenant s rights undei
this Lease or facilitate Tenant s and Tenant s sublessee s and licensee s use of the Site and will take such
further reasonable action as Tenant may reasonably require to effect the intent of this Lease but all
without cost to Landlord It is understood however that Tenant will not pay Landlord s attorneys fees
(b) Tenants obligations heieunder are expressly conditioned upon Tenants ability to obtain
maintain renew and reinstate all of the certificates permits licenses zoning, variances and other
approvals which may be required from any federal state or local authority as well as any necessary
easements (collectively the "Approvals' Landlord shall cooperate with Tenant at no out of pocket
expense to Landlord in its efforts to obtain the Approvals, and Landlord shall take no action which would
adversely affect the status of the Site with respect to Tenants Intended Use thereof If (i) any application
by Tenant for any one of the Approvals is finally denied or rejected or is otherwise withdrawn or
terminated or (n) if any matters exist affecting Landlord's title to the Site which prevent Tenant from
using the Site for Tenant's Intended Use (unless such title item can be cured by Landlord to Tenant's
satisfaction within 15 days, or 30 days so long as Landlord is diligently pursuing a cure within the initial
15 day period), then Tenant shall have the right to terminate this Lease upon written notice to Landlord
and Landlord, within 30 days of such termination shall refund to Tenant any Rent paid by Tenant
applicable to the period subsequent to such termination

Site Name Murraysville
Site Number 273409
(c) Landlord agrees without cost to Landlord to execute within 15 days after receipt of a
written request from Tenant any and all documents necessary in Tenant's commercially reasonable
judgment to protect Tenant's rights or the rights of Tenant's sublessees or licensees under this Lease to
facilitate Tenant s use of the Site as contemplated under this Lease or to allow Tenant to obtain
maintain, renew or reinstate the Approvals Tenant will provide all documents for execution on Tenant s
standard forms or in the case of zoning applications or other situations regulated by governmental bodies,
on forms specified by such governmental body Documents provided for execution may include without
limitation affidavits relating to title curative measures non disturbance agreements memorandums of
lease memorandums of amendment and zoning applications and other related documents required to
obtain zoning approval Landlord further irrevocably appoints Tenant as attorney in fact coupled with an
interest to execute any document pertaining to the initial installation of the Towet Facilities which
Landlord fails to execute within 15 days after Landlord s receipt of a request for execution In addition
the parties agree that Tenant shall be entitled to liquidated damages for the revenue lost as documented by
Tenant as a result of any delay caused by Landlord s unwillingness to execute a document or to take any
other action deemed necessary by Tenant to protect Tenant s leasehold rights or to facilitate the Intended
Use As the actual amount of such lost revenue is difficult to determine the parties agree that Tenant may
deduct the amount of One Hundred and No /100 Dollars ($100 00) per day from future installments of
Rent for any delay to Tenant caused by Landlords failure to act, such amount being an estimate of
Tenant s lost revenue Tenant s right to collect such liquidated damages will in no way affect Tenant s
right to pursue any and all other legal and equitable rights and remedies permitted under applicable laws
13 Term
(a) Initial Term The Initial Term of this Lease is set forth in paragraph I (o)
(b) Renewal Terms Tenant shall have the right to extend this Lease for each of the Renewal
Terms Each Renewal Term will be on the same terms and conditions set forth in this Lease except that
Rent will escalate as provided in paragraph 14(b) This Lease will automatically be renewed for each
successive Renewal Term unless Tenant notifies Landlord in writing of Tenants intention not to renew
the Lease at any time prior to the expiration of the Initial Term or the Renewal Term which is then in
effect
(c) The Initial Term and Renewal Terms are collectively lefened to herein as the Term
14 Consideration
(a) Tenant shall pay its first installment of Rent within fifteen (15) business days of the
Commencement Date Thereafter Rent is due and payable in advance on the first day of each calendar
month to Landlord at Landlords Address Rent will be prorated foi any partial months including,
without limitation the month in which the Commencement Date occurs
(b) Rent will be increased at the commencement of each Renewal Term (the Increase
Date ) by an amount equal to 1 S% of Rent for the previous 5 year period At Tenant s electron Tenant
may confirm to Landlord in writing the amount of the Rent increase ( Increase Notice ) Unless
Landlord notifies Tenant in writing within 30 days of the date of the Increase Notice that it disagrees with
the amount of the Rent increase stated therein such amount will be conclusively presumed to be the
correct calculation of the Rent increase
(c) If this Lease is terminated at a time other than on the day immediately preceding the
anniversary of the Commencement Date Rent will be prorated as of the effective date of such termination
(the "Termination Date ") If this Lease is terminated for any reason provided herein other than

Site Name Murraysville
Site Number 273409
nonpayment of Rent all Rent paid in advance for the period after the Termination Date will be refunded
to Tenant by Landloid within 30 days of the Termination Date
(d) In the event Tenant makes an overpayment of Rent of any other fees or charges to
Landlord during the Term of this Lease, Tenant may but shall not be requited, to treat any such
overpayment amount as prepaid Rent and apply such amount as a credit against future Rent due to
Landlord
(e) In no event will Tenant be tequired to remit the payment of Rent to more than two
recipients at any given time
15 Landlord's Representations and Warranties Landlord represents and warrants that (1)
Tenants Intended Use of the Site is not prohibited by any covenants restrictions reciprocal easements
servitudes or subdivision rules or regulations (n) there are no easements licenses rights of use or other
encumbrances on the Site or the Property which will interfere with or constructively prohibit Tenants
Intended Use of the Site and (m) the execution of this Lease by Landlord will not cause a breach or an
event of default of any other agreement to which Landlord is a party If there are any restrictive title
items that Tenant believes may prohibit or inhibit Tenant's Intended Use then Landloid shall have 15
days after receipt of written notice from Tenant to cure any such title items to Tenant s satisfaction This
time period may be extended to 30 days so long as Tenant is diligently pursuing a cure within the 15 day
period
16 Conditions Subsequent If Tenant's Intended Use of the Site is actually or consttuctively
prohibited through no fault of Tenant then without limiting any othet remedy in law or equityJor
Landlords breach or negligent or intentional acts or omissions including any breach or negligent or
intentional acts or omissions caused by Landlord s employees contiactois or agents Tenant shall have
the option to terminate this Lease upon written notice to Landloid after any applicable default cure
periods have expired
17 Interference Landlord shall not use, not shall Landlord permit its tenants, licensees, invitees of
agents to use any portion of the Property in any way which interferes with Tenant s Intended Use of the
Site Such interference will be deemed a material breach of this Lease by Landlord and Landlord shall
have the responsibility to terminate said interference immediately upon written notice from Tenant
Anything to the contrary in this Lease notwithstanding the cure periods provided for in paragraph 19
hereof will not be applicable to failure by Landloid to fulfill its obligations under this paragraph 17 If
any such interference does not cease or is not rectified as soon as possible but in no event longer than 24
hours after Tenant s written notice to Landlord Landlord acknowledges that continuing interference will
cause irreparable injury to Tenant and Tenant shall have the right, in addition to any other rights that it
may have at law or in equity to bring action to enjoin such interference or to terminate this Lease
immediately upon notice to Landlord If within the above mentioned 24 hour cure period Landloid has
begun to diligently pursue a cure to any interference Landlord will be provided a reasonable period of
time to complete such cure
18 Improvements, Utilities, and Access
(a) Tenant shall have the right, at Tenant s sole cost and expense to erect and maintain on
the Site improvements personal property and facilities including without limitation the Tower Facilities
and other related facilities The Towei Facilities are the exclusive property of the Tenant throughout the
term as well as upon the expiration or termination of this Lease Tenant shall remove all of the above-
ground portions of the Tower Facilities within ninety (90) days following the expiration or termination of
this Lease Landlord grants Tenant the right to clear all trees undergrowth or other obstructions and to
trim cut and keep trimmed all tree limbs which may interfere with or fall upon the Tower Facilities or

Site Name Murraysville
Site Number 273409
the Site Landlord grants Tenant a non exclusive easement in over across and through the Property as
shown on the preliminary survey in Exhibit B attached hereto and incorporated by reference, and the
temporary use of the portion of the Property immediately adjacent to the Site as shown on Exhibit B as
may be reasonably required for construction and installation -of the Tower Facilities
(b) Tenant shall have the right to install utilities at Tenant's expense and to improve present
utilities on the Property and the Site Tenant shall have the right to permanently place utilities on (or to
bring utilities across or under) the Site to service the Site and the Tower Facilities Tenant and Tenant s
licensee(s) or sublessee(s) have the light to install backup generator(s) on the Site If utilities necessary to
serve the equipment of Tenant or the equipment of Tenant s licensee(s) of sublessee(s) cannot be located
within the Site Landlord agrees to cooperate with Tenant and to act reasonably in allowing the location of
utilities on the Property or other real pioperty owned by Landloid without requiring additional
compensation from Tenant of Tenant s licensee(s) or sublessee(s) Landlord shall, upon Tenant's request,
execute a separate recordable written easement or lease to the utility company providing such service
evidencing this right
(c) Landlord represents and warrants to Tenant that Tenant shall at all times during this
Lease enjoy ingress egress, and access fiom the Site 24 hours a day 7 days a week to an open and
improved public road which are adequate to service the Site and the Towel Facilities If no such public
road exists or ceases to exist in the future Landlord will grant an appropriate easement to Tenant
Tenant's licensee(s) sublessee(s) and assigns so that Tenant may at its own expense construct a suitable
private access drive to the Site and the Towel Facilities To the degree such access is across other
property owned by Landlord Landlord shall execute an easement evidencing this right without requiring
additional compensation from Tenant Landlord shall maintain access to such easement and the Easement
in a free and open condition so that no interference is caused to Tenant by other Tenants licensees
invitees or agents of Landlord which may utilize the easement To the extent damage (including wear and
tear caused by normal usage) to the Easement of any other route contemplated hereunder intended to
provide Tenant with access to the Site and the Tower Facilities is caused by Landlord or Landlord's
Tenants, licensees invites or agents Landloid shall repair same at its own expense In the event
Landlord its employees or agents impede or deny Tenant s access (excluding acts of God) of that of
Tenant s agent(s) licensee(s) or sublessee(s) to the Site Tenant shall without waiving any other rights
that it may have at law of in equity deduct fiom Rent due under this Lease an amount equal to Fifty and
No /100 Dollars ($50 00) per day for each day that such access is impeded or denied If Landlord desires
to re locate the Easement for access and/or utilities during the Term, Landlord will provide Tenant with
180 days prior written notice of the desired relocation Landloid and Tenant will then identify a mutually
agreeable alternate easement location each party acting reasonably Landlord will pay all costs and fees
associated with the Easement relocation and will ensure that at all times Tenant has 24 hour per day 7
day per week access to the Premises and that utility service is uninterrupted If the Easement relocation
includes a relocation of utilities serving the Towel Facilities, then Landlord will obtain all necessary
approvals from the applicable utility companies and will pay all costs and fees associated with relocating
the utilities If the alternate easement location is across pioperty owned by third parties Landloid will
obtain all necessary easements and will make use of the third party easements available to Tenant
(d) Landlord grants Tenant (including, without limitation, Tenant s sublessees and licensees)
a license to use such portions of the Landlord s property contiguous to the Site as shown on Exhibit B on
a temporary basis as are reasonably required from time to time during the Term of this Lease for the
construction installation and maintenance of the Towel Facilities including (i) access to the Site for
construction machinery and equipment (n) storage of construction materials and equipment during
construction of the Tower Facilities and (iii) use of a staging area for construction installation and
removal of equipment

Site Name Murraysville
Site Number 273409
(e) Tenant shall have the right to install and maintain during the Term of the Lease
identifying signs or other signs required by any governmental authority on or about the Site including
any access road to the Site
(f) Tenant will install a shared lock system on the existing gate to the access road and will
provide Landlord with any necessary keys or codes to open the gate Landlord will not be given access to
the Premises
19 Termination This Lease may be teimmated without any penalty or further liability upon
written notice as follows
(a) By either party upon a default of any covenant or term hereof by the other party which
default is not cured within 60 days (30 days if a monetary default but such monetary default shall not
occur more than twice in a Lease Year) of receipt of written notice of default (without however limiting
any other rights available to the parties in law or equity) provided that if the defaulting party commences
efforts to cure the default within such period and diligently pursues such cure the non defaulting party
shall no longer be entitled to declare a default
(b) Upon 30 days written notice by Tenant to Landlord if Tenant is unable to obtain
maintain renew or reinstate any agreement permit of other Approvals necessary to the construction and
operation of the Tower Facilities or to Tenant s Intended Use of
(c) Upon 30 days written notice from Tenant to Landlord if the Site is of becomes
unsuitable, in Tenant s sole, but reasonable judgment=foi use as a wireless communications facility by
Tenant or by Tenant s Iicensee(s) or sublessee(s)
20 Licenses, Subleases Tenant at its sole discretion shall have the right, without prior notice or the
consent of Landlord to license or sublease all or a portion of the Site or the Tower Facilities to other
parties Tenants licensee(s) and sublessee(s) shall be entitled to modify the Tower Facilities and to erect
additional improvements on the Site including but not limited to antennas dishes cabling, additional
storage buildings of equipment shelters as are reasonably required for the operation and maintenance of
the communications equipment to be installed on the Site by said licensee(s) and sublessee(s) Tenant s
licensee(s) and sublessee(s) shall be entitled to all rights of ingress and egress to the Site and the right to
install utilities on the Site as if said licensee(s) or sublessee(s) were Tenant under this Lease
21 Taxes Tenant shall pay when due any personal property taxes assessed on or attributable to the
Tower Facilities Landlord shall pay when due all teal property taxes and all other fees and assessments
attributable to the Property Premises and Easement provided that Tenant will be responsible for any
increases to the real property taxes due on the Property that are directly attributable to Tenant s use of the
Site (but not however taxes attributable to periods pnoi to the Commencement Date such as roll back or
greenbelt assessments) Tenant will issue payment for any increase amount within 15 business days of
receipt of a tax bill from Landlord provided that Tenant reserves the right to legally challenge any such
increase Landlord must submit all such tax bills to Tenant within three months of the assessment If
Landlord fails to pay when due any taxes affecting the Property or the Site Tenant shall have the right
but not the obligation to pay such taxes and (i) deduct the full amount of the taxes paid by Tenant on
Landlord s behalf from future installments of Rent or (u) collect such taxes by any lawful means
22 Damage or Destruction If the Premises the Easement or the Tower Facilities ate destroyed or
damaged so as to hinder the Intended Use of the Tower Facilities in Tenant's sole and reasonable
,judgment and using industry standards, Tenant may elect to terminate this Lease as of the date of the
damage or destruction by written notice to Landlord In such event all obligations of Tenant to Landlord
shall cease to accrue as of the date of the damage or destruction and Tenant shall be entitled to the

Site Name Murraysville
Site Number 273409
reimbursement of any Rent paid by Tenant applicable to the period subsequent to such damage or
destruction
23 Condemnation If a condemning authority takes all of the Site, or a portion sufficient in Tenant's
sole judgment, to render the Site unsuitable for Tenant's Intended Use in Tenant s reasonable discretion
this Lease will terminate as of the date the title vests in the condemning authority Landlord and Tenant
shall share in the condemnation proceeds in proportion to the values of their respective interests in the
Site (which for Tenant includes where applicable the value of the Tower Facilities, moving expenses
prepaid rent and business dislocation expenses)_but the award to Tenant shall not diminish the
condemnation proceeds payable to Landlord for the Property excluding the Premises If a condemning
authority takes less than all of the Site such that the Site remains suitable foi Tenant s Intended Use the
Rent payable under this Lease will be reduced automatically by such percentage as the aiea so condemned
beans to the Site as of the date the title vests in the condemning authority A sale of all or part of the Site
to a purchaser with the power of eminent domain in the face of the exercise of eminent domain power will
be treated as a taking by condemnation for the purposes of this paragraph
24 Insurance Tenant shall purchase and maintain in full force and effect throughout the Initial
Term and any Renewal Term such general liability and property damage policies as Tenant may deem
necessary Said policy of general liability insurance will at a minimum piovide a combined single limit of
$2 000 000
23 Environmental Compliance Landlord represents, warrants and covenants that to the best of
Landlords knowledge = without independent investigation (i) that neither Landlord nor to Landlord's
knowledge any third party has used, generated stored or disposed of or permitted the use generation,
storage or disposal of any contaminants oils asbestos, PCB's hazardous substances of wastes as defined
by federal, state or local environmental laws regulations or administrative orders or other materials the
removal of which is required or the maintenance of which is prohibited regulated or penalized by any
federal, state or local government authority having jurisdiction over the Property ( "Hazardous
Materials' on under about or within the Property in violation of any applicable law or regulation and
(ii) that Landlord will not and will not permit any third party to use generate store or dispose of any
Hazardous Materials on under about or within the Property in violation of any applicable laws
regulations or administrative orders Tenant agrees that it will not use generate store or dispose of any
Hazardous Material on under about or within the Site in violation of any applicable laws regulations or
administrative orders This Lease will at the option of Tenant terminate upon written notice by Tenant
to Landlord if Hazardous Materials are discovered to exist on the Property after Tenant takes possession
of the Premises and Tenant shall be entitled to a refund of all the consideration paid in advance to
Landlord under this Lease
25 Indemnification
(a) General Landlord its heirs grantees successors and assigns shall exonerate hold
harmless indemnify and defend Tenant fiom any claims obligations liabilities, costs demands
damages, expenses suits or causes of action including costs and reasonable attorney s fees which may
arise out of (i) any injury to or death of any person, of (ii) any damage to property, if such injury, death or
damage - arises out of or is attributable to or results from the negligent of intentional acts or omissions of
Landloid, or Landlord s principals employees, invitees agents or independent contractors Tenant its
grantees - successors and assigns shall exonerate hold harmless indemnify and defend Landlord from
any claims, obligations liabilities costs demands, damages expenses suits or causes of action including
costs and reasonable attorney s fees which may arise out of (i) any injury to or death of any person or
(ii) any damage to property if such injury death or damage arises out of or is attributable to or results

Site Name Murraysville
Site Number 273409
from the negligent or intentional acts or omissions of Tenant or Tenant s employees agents or
independent contractors
(b) Environmental Matters Landlord its heirs grantees, successors, and assigns shall
indemnify defend reimburse and hold harmless Tenant from and against any and all damages arising
from the presence of Hazardous Materials upon about or beneath the Property or migrating to and from
the Property or arising in any manner whatsoever out of the violation of any applicable laws regulations
or administrative orders pertaining to the Property and any activities thereon which conditions exist or
existed prior to or at the time of the execution of this Lease or which may occur at any time in the future
through no fault of Tenant Tenant, its grantees,— successors and assigns shall indemnify defend
reimburse and hold harmless Landlord from and against environmental damages caused by the presence
of Hazardous Materials on the Site in violation of any applicable laws regulations or administrative
orders and arising solely as the result of Tenant s activities after the execution of this Lease
Notwithstanding the obligation of Landlord to mdemnify Tenant pursuant to this Lease, Landlord shall
upon demand of Tenant and at Landlord s sole cost and expense promptly take all actions to remediate
the Property which are required by any federal, state or local governmental agency or political subdivision
or which are reasonably necessary to mitigate environmental damages or to allow full economic use of the
Site which remediation is necessitated fiom the presence upon about of beneath the Property of a
Hazardous Material Such actions include but not be limited to the investigation of the environmental
condition of the Property the preparation of any feasibility studies reports or remedial plans and the
performance of any cleanup remediation containment, operation maintenance, monitoring or actions
necessary to restore the Property to the condition existing prior to the introduction of such Hazardous
Material upon about or beneath the Property notwithstanding any lessee standard of remediation
allowable under applicable law or governmental policies
27 Sale of Premises During the Initial Term and any Renewal Terms of this Lease Landlord may
sell the Site or any real property of which the Site is a part to a third party as long as (i) such sale is made
subject to the terms of this Lease and (it) if such sale does not include the assignment of Landlord s full
interest in this Lease such purchaser covenants, without requiring compensation from Tenant or Tenant s
licensee(s) or sublessee(s) to be paid to such purchaser to perform any obligation of the Landlord under
this Lease, including Landlords obligation to cooperate with Tenant as provided hereunder which
obligation Landlord would no longer have the legal right or ability to perform following such conveyance
28 Notices All notices or demands by or fiom Tenant to Landlord or Landlord to Tenant, required
under this Lease will be in writing and sent (United States mail postage pre paid certified with return
receipt requested or by reputable national overnight carrier service transmit prepaid) to the other party at
the addresses set forth in paragraphs 1(b) and 1(d) hereof as applicable or to such other addresses as the
parties hereto may from time to time designate consistent with this paragraph 28 with such new notice
address being effective 30 days after receipt by the other party Notices will be deemed to have been
given upon either receipt or rejection —Landlord also requests that copies of Notices to Landlord be sent
to the following
Raiford Trask, III Brian Eckel
1202 Eastwood Road 1051 Military Cutoff Road
Wilmington NC 28409 Wilmington NC 28405
David G Martin
Smith Moore Leatherwood
300 North 3'd Street, Suite 301
Wilmington, NC 28401
29 Title and Quiet Enjoyment Landlord warrants and represents that (i) it has the full right
power and authority to execute this Lease and (it) it has good and marketable fee simple title to the Site

Site Name Murraysville
Site Number 273409
and any other real property across which Landlord may grant Tenant, its sublessees and /or licensees an
easement, free and clear of any liens and encumbrances or mortgages other than those of record in New
Hanover County Landlord covenants that Tenant shall have the quiet enjoyment of the Premises during
the term of this Lease Landlord shall indemnify Tenant from and against any loss cost expense or
damage including attorney s fees associated with a breach of the foregoing covenant of quiet enjoyment
as long as Tenant is not in default under this Agreement If Landlord fails to keep the Site free and clear
of any liens and encumbrances Tenant shall have the right, but not the obligation, to satisfy any such lien
or encumbrance and to deduct the full amount paid by Tenant on Landlord's behalf from future
installments of Rent If the Site is encumbered by a mortgage or deed of trust, within 30 days of receipt
of a written request from Tenant Landlord agrees to execute and obtain the execution by its lender of a
non disturbance and attornment agreement in a mutually agieeable form to the effect that Tenant and
Tenant s sublessees and licensees will not be disturbed in their occupancy and use of the Site by any
foreclosure Howevei so long as Landlord commences its efforts to obtain the non disturbance and
attomment agreement within said 30 day period and is diligently pursuing such efforts to completion
Landlord will be afforded a reasonable time to complete such efforts Should a subordination non
disturbance and attornment agreement be requested by Landlord or a lender working with Landlord on a
loan to be secured by the Property and entered into subsequent to the Execution Date Tenant will use
good faith efforts to piovide Landlord of Landlords lender with Tenants foim subordination non
disturbance and attornment agreement executed by Tenant within 30 days of such request
30 Assi ng ment Any sublease license or assignment of this Lease that is entered into by Landlord
or Tenant is subject to the provisions of this Lease Landlord may assign this Lease in its entirety to any
third party in conjunction with a sale of the Property in accordance with paragiaph 27 hereof Landlord
shall not otherwise assign less than Landlord s full interest in this Lease without the prior wiitten consent
of Tenant which consent shall not be unreasonably withheld conditioned or delayed Tenant may assign
this Lease without prior notice to or the consent of Landlord Additionally, Tenant may mortgage or
grant a security interest in this Lease and the Tower Facilities and may assign this Lease and the Tower
Facilities to any such mortgagees or holders of security interests including their successors and assigns
(hereinafter collectively referred to as "Secured Parties ") If requested by Tenant but without cost to
Landlord Landlord shall execute such consent to such financing as may reasonably be required by
Secured Parties In addition if requested by Tenant Landlord agrees to notify Tenant and Tenant's
Secured Parties simultaneously of any default by Tenant and to give Secured Parties the same right to
cure any default as Tenant If a termination disaffrrmance of rejection of the Lease by Tenant pursuant to
any laws (including any bankruptcy or insolvency laws) occurs, or if Landlord shall terminate this Lease
for any reason Landlord will give to Secured Parties prompt notice thereof and Secured Parties shall have
the right to enter upon the Premises during a 30 day period commencing upon Secured Parties receipt of
such notice for the purpose of removing any Tower Facilities Landlord acknowledges that Secured
Parties are third party beneficiaries of this Lease
31 Successors and Assigns This Lease runs with the Property and is binding upon and will mure to
the benefit of the parties, their respective heirs successors personal representatives and assigns
32 Waiver of Landlord's Lien Landlord hereby waives any and all lien rights it may have
statutory or otherwise, in and to the Tower Facilities or any portion thereof regardless of whether or not
same is deemed real or personal property under applicable laws
33 Waiver of Damages Neither Landlord nor Tenant shall be responsible or liable to the other
party for any loss or damage arising from any claim to the extent attributable to any acts of omissions of
other licensees or tower users occupying the Tower Facilities or vandalism or for any structural of power
failures or destruction or damage to the Tower Facilities except to the extent caused by the negligence or
willful misconduct of such party EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT

Site Name Murraysville
Site Number 273409
IN NO EVENT SHALL LANDLORD OR TENANT BE LIABLE TO THE OTHER FOR, AND
TENANT AND LANDLORD EACH HEREBY WAIVE THE RIGHT TO RECOVER INCIDENTAL,
CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOST PROFITS LOSS OF USE OR
LOSS OF BUSINESS OPPORTUNITY) PUNITIVE, EXEMPLARY AND SIMILAR DAMAGES
34 Abscellaneous The following provisions apply to the Option and providing Optionee exercises
such Option to the Lease
(a) The substantially prevailing party in any litigation arising hereunder is entitled to its
reasonable attorney's fees and court costs including appeals, if any
(b) Each party agrees to furnish to the othei within 30 days after request such estoppel
information as the other may reasonably request
(c) This Agreement constitutes the entire agreement and understanding of Landlord and
Tenant with respect to the subject matter of this Agieement and supersedes all offers negotiations and
other agreements There are no representations of understandings of any kind not set forth herein Any
amendments to said Agreement must be in writing and executed and delivered by Landlord and Tenant
(d) If either Landloid or Tenant is represented by a real estate broker in this transaction that
party is fully responsible for any fees due such broker and will hold the other party harmless from any
claims for commission by such broker
(e) Landlord agrees — without cost to Landlord to reasonably cooperate with Tenant in
executing any documents necessary to protect Tenant s rights under this Agreement of Tenant s Intended
Use of the Premises including but not limited to affidavits relating to title curative measures and non
disturbance agreements and to take any further action which Tenant may reasonably iequire to effect the
intent of the Agreement
(f) The Agreement will be construed in accordance with the laws of the state in which the
Site is situated
(g) If any term of the Agreement is found to be void or invalid, such invalidity will not affect
the remaining terms of the Agreement which will continue in full force and effect
(h) Upon request by Tenant Landlord shall execute and deliver to Tenant a Memorandum of
Option and Lease which Tenant may record in the county in which the Property is located If the
information included in the Memorandum of Option and Lease should change or if it becomes clear that
such information is incorrect or incomplete of if the Option or Lease is amended Landlord agrees to
execute and return to Tenant a recordable Amended Memorandum of Option and Lease in form supplied
by Tenant
(i) Tenant may obtain title insurance on its interest in the Site, and Landlord shall coopeiate
by executing any reasonable documentation required by the title insuiance company
0) Unless otherwise provided in this Agreement Landlord hereby irrevocably appoints
Tenant or Tenant s agent as Landlord s agent to file applications on behalf of Landlord with federal state
and local governmental authorities which applications relate to Tenant s Intended Use of the Site
including but not limited to land use and zoning applications

Site Name Murraysville
Site Number 273409
(k) This Agreement may be executed in two or more counterparts all of which are
considered one and the same agreement and become effective when one or more counterparts have been
signed by each of the parties, it being understood that all parties need not sign the same counterpart
(1) Landlord will not during the term of this Option and Lease together with any extensions
thereof enter into any other lease license or other agreement for a similar purpose as set forth herein, on
or adjacent to the Property
(m) Failure or delay on the part of either party to exercise any right power or privilege
hereunder will not operate as a waiver thereof and waiver of breach of any provision hereof under any
circumstances will not constitute a waives of any subsequent breach
(n) The parties agree that irreparable damage would occur if any of the provisions of this
Agreement were not performed in accordance with their specified terms or were otherwise breached
Therefore the parties agree the parties will be entitled to an injunction(s) in any court in the state in which
the Site is located to prevent breaches of the provisions of this Agreement and to enforce specifically the
terms and provisions of the Agreement this being in addition to any other remedy to which the parties at
entitled at law or in equity
(o) Each party executing this Agreement acknowledges that it has full power and authority to
do so and that the person executing on its behalf has the authority to bind the party
(p) This Agreement is valid and binding only upon Tenant s execution by its duly authorized
representative
(q) Tenant reserves the right to survey the Property and /or the Site and the suivey of the
Property Premises and/or Easement will then become Exhibit B I which will be attached hereto and
made a part hereof and will control in the event of discrepancies between Exhibit B 1 and Exhibit A
and/or Exhibit B Landlord agrees to execute an Amended Memorandum of Option and Lease in
iecordable form containing the new legal descriptions of the Premises and the Easement if so requested
by Tenant
(r) The parties agree that a scanned or electronically reproduced copy or image of this
Agreement will be deemed an original and may be introduced or submitted in any action or proceeding as
competent evidence of the execution terms and existence hereof notwithstanding the failure or inability
to produce or tender an original executed counterpart of this Agreement and without the requirement that
the unavailability of such original executed counterpart of this Agreement first be proven
(s) Tenant will not pay of reimburse any of Landlord s attorneys fees unless specifically
provided to the contrary herein
35 Confidentlality Landlord shall not disclose to any third party the Rent payable by Tenant under
this Lease and shall treat such information as confidential except that Landlord may disclose such
information to prospective buyers, prospective or existing lenders Landlord's affiliates and attorneys or
as may be required by law or as may be necessary for the enforcement of Landlord's rights under the
Lease Landlord acknowledges that the disclosure of such information to any other parties may cause
Tenant irreparable harm and in the event of such disclosure Tenant shall be entitled to pursue all
remedies in law or in equity for the violation including but not limited to, injunctive relief
[SIGNATURES APPEAR ON NEXT PAGE]

Site Name Murraysville
Site Number 273409
IN WITNESS WHEREOF Landlord and Tenant have each executed this Lease as of the
respective dates written below
LANDLORD
TF Holdings Limited Partnership
Print Name f%tr %ldf)--
Date 23Z/0 1°Za //
Title
row
Print Name R U S�r Tr
Date .3 z / -//
Title 4 Pin Px-a.I 1262r -t h Pa^
J�
Print Name Lo amt G�,
Date
Title 9 'Pm yv / ear} t ed-
ACKNOWLEDGEMENTS TO FOLLOW

Site Name Murraysville
Site Number 273409
STATE OF Not^4R 044021i'h a
COUNTY OF PPrLkoPer�
Before me & 162 2 -r/t the undersigned a Notary Public for the State
personally appeared 8 � who is the "era pie4— of TF
Holdings Limited Partnership a ML _ limited partners personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that _he executed the same in his/her authorized
capacity and that by his/her signature on the instrument the entity upon behalf of which the
person acted executed the instrument
,p `st�i� gtr %S� day of doy,y'C.k
�A,;;,��� �� � 1 �e,�r WITNESS my hand and official stamp or seal this � y
to
Ity
0 00
ivi, 1P ��� t�Yti, � &FIX NOTARY SEAL]
STATE OF IVoi^ A Cwrd rna
COUNTY OF 72."der
MoAry Public
My commission expires 7-'L6 / 2---
Before me rri t Ca the undersigned a Notary Public for the State
personally appeared . �'r . , who is the a of TF
Holdings Limited Partnership a _(C limited partners*,personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his/her authorized
capacity and that by his /her signature on the instrument the entity upon behalf of which the
person acted executed the instrument
WITNESS my hand and official stamp or seal this �-` _ day of MarCj ,
t
[AFFIX NOTARY SEAL]
t t 01 lie a�
N ary Public
My commission expires 7-2-6 - / 2—

Site Name Murraysville
Site Number 273409
STATE OF j , r* �1in a
COUNTY OF P!P�vqoiP!^
Before me, r J, c -a ir ep the undersigned a Notai Public for the State
personally appeared �e _, who is the iv of TF
Holdings Limited Partnership a ALC-1 limited partnersffio personal y known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that She executed the same in his/her authorized
capacity and that by his /her signature on the instrument the entity upon behalf of which the
person acted executed the instrument
WITNESS my hand and official stamp or seal
ON&
0"ry Public
My commission expires % - 24 '—/ 2-
JAfFIX NOTARY SEAL]
t
�7� t
AI 1 bS; n- �1 N r
0
this &LL day of Ara— ,

Site Name Murraysville
Site Number 273409
TENANT
American Towers, a Delaware corporation
Jason Hirsch
Vice President Corporate Development
11
Date US Tower
� `4 I o �
COMMONWEALTH OF MASSACHUSETTS)
) ss
COUNTY OF MIDDLESEX }
Then on the �- day of �k 20 personally appeared the
said ah&At 41M.14 of American Towers Inc as aforesaid signer and sealer of
the foregoing instrument and acknowledged the same to be his/hei free act and deed as
Vf C9 -r p ()e, v US To ivc r of American Towers Inc and the free act and deed
of said corporation, before me
Nr, mmission ~ Public
M
Expires
4q)iopi

Site Name Murraysville
Site Number 273409
The following exhibits are attached hereto and incorporated herein
Exhibit A Description or Depiction of Property
Exhibit B Description or Depiction of Site

Site Name Murraysville
Site Number 273409
EXHIBIT A
DESCRIPTION OR DEPICTION OF PROPERTY
The Property is described and /or depicted as follows
Located in New Hanover County NC
Being Parcel R02700 001 003 000 a 280 63 acre tract being a portion of the pioperty conveyed
in Deed Book 1783 Page 1251
With a non exclusive access and utility easement across the property located in New Hanover
County, NC and described as
R03506 005 001 000 being a portion of the property conveyed in Deed Book 1783 Page 1251

Site Name Murraysville
Site Number 273409
10:4.1101a1.1
DESCRIPTION OR DEPICTION OF SITE
Preliminary description of Siteg
LQAL IIEWIPTIOV OF LEAR AREA
d INNING AT 1W NORTHEA919INVOST RIGHT OF WAY OF FIVE AORE ROAD, UEINO A 1 OMEN TOP MON FOUND MI-11 A NORTNINO
M 9012x10902 AND AN EAVTINO M 2MIM 2069 PAID POINT BEING 1W INITIAL MINT OF bECINNINCI THFJ:ICE A 0MANGE OF
1042 60' NO7101 P7 W ALONO A TIE UNE TO A #6 REDAR FOUND THENCE A DISTANCE OF 64 08 ND71a 30 W 10 A POINT' 1HENCE
A 014TANCE OF 7111 410 NO? 1N 10 W TO A POINT THEME A DISTANCE OF 87901 N8104 488E 10 A POINT THENCE A OIRtANLE OF
25 OO 6011190 E TO A POINT (90 POINT DONO THE ME POINT OF MiNINO FOR THE LEASE OITE}1 THENCE A 01RANCE OF
100 00 N0141 G8"W TO A POINT THENCE A DISTANCE OF 100 00 NO2 48 02 E TO A POINT THENCE A OWANOE OF 100 00
S07 III 11W E TO A POINT THENCE A DiRTANCE OF 100 00 SOP 400W TO A POINT SAID PQNt REMO THE TRUE POINT OF
0EMNOM OF THE LEAR NIfE 50 TRACT COVTAININO 10,009 00 8 F /0 230 ACRES
LOCAL 1=9111TIO4 OF, 2b AIAINTEVANCL 1111LItY h ACCESS MEMENT "D
DONNING AT THE NORTH ASTERNMW NIGHT OF WAY OF IV[ AGILE ROA9, 00110 A I" OPEN TOP IRON FCUN) WIT-1 A NORMINO
(IF'' 20 2210962 AND AN EAqTMO 0 x3479[%7066 SAID POINT OEINO THE INITIAL POINT OF MMINNINO, THENCE A 611TANCE OF
1042 3C' N07DI 27V ALONG A TIE UNIE TO A $3 REDAN FOUND THENCE A DISTANCE OF M08 N0710 30V TO A POINT, (RAID
MINT OEIAO THE TRUE POINT OF UEONNINO OF THE A' MAINTENAN, E 11111-ITY k AI LL19 EA it MENTI, 1001! A 11 RANCE OF
2b 60 401 1636 "W TO A PINT THENCE A DISTANCE Or 810 D1 NM OWE TO A POINT, 100I A DSTANCE OF 26 30
0011169 E TO A POINT THING A DISTAKE OF 070 00 S83VI 48 -W 10 A POINT (SAID POIN MIND 1HE Mt POINT OF
REMNING OF 1HE 16 MAINTENANCE, UTLIV & A6CE63 EAMMENT) Wt) VAT CONTAIVIN4 91010 Or / 0 00 AG
Landlord grants Tenant the light to use Landlord s existing Access and Utility Easement to
Murrayville Road, such easement described as follows
LEGAL tlESCtO001 Or 75 MAINTENANCE, UTILITY & ALMS EAWMT _A
1190INNIND AT THE NONVEAlIMNMO;1T I11UHT OF WAY OF FIVE WE ROAD, IIEINO A 1" MN TOP IRI6N P00% WITH A N0141HINO
OF 2012216062 AND AN EAOTINO 0'I MOW 2060 LAID POINT HEING -HE INITIAL POINT OF IlEOINN1N01 THENCE A MAKE OF
3000' IV 309 "6 TO A POINT THMIDE A DISTANCE OF 26 Ulf' 98)4P7'W TO A POINT (SAID POINT 091NO TEE TIM POINT OE
HEOINNINJ OF THE 70 MAIAIMANPE UtIuTY k ACCEM EASEMENT) THEKE A O19TANU OF 1900 407117719 TO A POINT
THENCE A DISTANCE OF 616 46 90110'40'E TO A POINT THENCE A DISTANCE Or 20 16 NOW 40 E TO A POINT, THENCE A
DIUTANOIi OF OM 40' NO/46'40 W TO A POINT 6AID PONT IMNO THE TRUE POINT OF IIEOINNING OF THE 4 MAINTENANCE
UTILITY k ACCE09 EAREWNT SAID TRACT GONTAININO 14 4911 % / O 11 AC
1.0h 11E, M13114N OF 18 MAINTENANCE. 1111LITY & AME4,9 EASEMENT 13"
DEOINNINO AT THE NORTHEARERNM09T RIGHT OF WAY OF FIVE ACRE ROAD BEINO A 1 OPEN TOP IRCN FOUND WH A NORTHNd
OP 7011719907 AND AN EAIRNO 0- 71 A U AM SAID POINT A©NG -HE INITIAL POINT OF AEGINNING THENC E A MSTANI E OF
20 91 902 2322 % T9 A POINT, SAID POINT MINO THE TNVE P0141 OF OEOINNINO OF 1HI1 24 MAINTI3'IANCE, UTILITY & 401196
MEME" THENCE A OII ;TANGE OF A 00 661 IS AI"W TO A PONT THENCE A MOTANCIE OP 105 08 N0148 191 TO A POINT
THENCE A DISTANiE OF Wi O NO61O'38 "W T1 A POINT THENCE A DISTANCE OF 2800 N0741'16'E 10 A POINT THENCE A
Rum or 33141 SOO IC A E 10 A POINT, THENCE 4 DISTANCE OF 103 31) 007 9 30 E TO A POINT SAID POINT BEING THE
TRUE PONT OF IIEOINNINO OF THE 10 MAINTENANCE, UTILITY & AC1,t314 EA'IEMENT `SAID TRACT CONTAINING 46,010 3 F / 0 80
AG

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APPENDIX F
INFORMAL BIOLOGICAL ASSESSMENT

r United States Department of the Inte>i for
FISH AND WILDLIFE SERVICE
s Raleigh Field Office
Post Office Box 33726
4R 'gyp Raleigh North Carolina 27636 3726
June 21 2006
Susan Keller
Environmental Corporation of America
1375 Uinon Hill Industrial Court Suite A
Alphatetta, GA 30004
Dear Ms Keller
Due to numerous mqunies conceining the potential impact of communication tower projects on
federally listed threatened and endangered species, migratory birds and wildlife habitat the
Raleigh Field Office of the U S Fish and Wildlife Service (Service) is no longer able to review
and respond to each individual tower site proposed for construction within our area of
responsibility (see attached county list) Instead, we are providing information to assist the
action agency, or then designated representative (tower owner or their consultant), in meeting
their requirements under the Endangered §pecies Act, as amended (16 US C 1531 et seq , ESA)
and the Migratory Bird Treaty Act (16 U S C 103 et seq , MBTA) Thig information is intended
to aid the applicant in determir ng when communication tower projects would and would not
require concurrence from this office regarding potential impacts to federally listed species
Generally, projects which involve the following actions are not likely to affect any federally
listed threatened or endangered species, wetlands, or other resources undei .jurisdiction of the
U S Fish and Wildlife Service
• Projects that do not involve new construction activities,
• Construction of new toweis or placement of antennae assemblies which are co located
with an existing structure (tower, building, water tank, smokestack, etc )
• Construction of new towels in areas that are currently used for agricultural practices
(farms) of in areas previously disturbed by commercial development
• Routine maintenance of existing tower sites such as painting, antenna or panel
replacement, upgrading of existing equipment etc ,
• Repair or replacement of existing towels and/or equipment, provided such activities do
not significantly increase the existing tower mass and height require the addifion of gay
wnes or increase the siz6 or location of the existingpad site or equipment shelter, and/or
• Projects that receive a "no effect!' determination as described below
It is not necessary to contact the Raleigh Field Office about the actions hsted above For those
proposed projects that do not meet these criteria (e g new tower sites on undeveloped land), we

offer the following information with regards to threatened and endangered species migratory
birds and wetlands
Threatened and Endanger ed Species
Section 7 of the Endangered Species Act requires that all federal agencies (or their designated
non federal representative), in consultation with the Service insure that any action federally
authorized funded or carried out by such agencies is not likely to jeopardize the continued
existence of any federally listed endangered or threatened species A biological assessment or
evaluation may be prepared to fulfill that requirement and in determining whether additional
consultation with the Service is necessary
A county hstm.g of all federally protected endangered and threatened species with known
occurrences in North Carolina is now available on our web page at h / /nc
es fws gov /es /countyfr html In addition to the federally protected species list, information on
the species' life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at httn / /nc es fws gov /es /es htrni. Please check
the web site often for updated information or changes
If your project contains suitable habitat for any of the federally listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species As such, we recommend that a qualified biologist conduct
surveys to determine the species' presence or absence within the project area The use of North
Carolina Natural Heritage progiam data should not be substituted for actual field surveys Please
note that surveys for red cockaded woodpecker cavity trees should be conducted within a one
half mile radius of the proposed project site and that surveys for bald eagle nests should be
conducted within a one nule radius of the proposed project site Adjacent property owners
within the survey area should be contacted before surveys are performed Surveys for federally
listed plant species should be conducted during the appropriate survey window as identified on
our web site http / /nc es fws gov /plant/optinal survey windows for plants html
If you determine that the pr oposed action will have no effect (i e no beneficial or adverse dal ect
or andu ect effect) on feder ally lasted species then you are not required to contact our office for
concurrence However, you should maintain a complete record of the site assessment including
steps leading to your determination of effect, the qualifications of personnel conducting the
assessment, habitat conditions site photographs and any other related articles If you deter mane
that the proposed action may affect (i e likely to adversely affect or not likely to adversely
affect) a feder ally protected species you should note this office with your determination the
r esults of your surveys survey methodologies and an analysis of the effects of the action on
lasted species including consideration of du ect indirect and cumulative effects befor e
conducting any activities that might affect the species The Service will either concur that your
project is not likely to adversely affect federally protected species or recommend the initiation of
the formal consultation process
2

Mratory Birds
All native migratory birds (e g, waterfowl, shorebnds, passerines hawks owls vultures,
falcons) are afforded protection under the Migratory Bird Treaty Act (40 Stat 755, 16 U S C
703 712) Communication towers and antennas may pose a hazaid to migratory birds in flight
and may pose a threat to nesting birds attracted to the site, depending on tower height, physical
design, lighting, and site location The Service has adopted draft guidehnes for the siting
construction, and operation of communication towers that would minimise the potential for avian
collisions These draft guidelines are included with this letter and are also available on our web
site at htti) / /nc es fws goy/es/Tower guidelines udf We recorrunend that they be implemented
on all future communication tower projects
Wetlands and Wildlife Habitat
Wetlands and riparian corridors are high priority fish and wildlife habitat and a resource of
national concern They serve as unportant sources of food, cover, and habitat for numerous
species of resident and migratory fish and wildlife Waterfowl and other migratory birds use
wetlands and riparian corridors as stopover feeding, and nesting areas In addition sustaining
the integrity of wetland systems is an important mechanism for maintaining water quality
conditions for aquatic resources For these reasons we strongly recommend that the sites
selected for communications towers and other projects not impact wetlands and riparian areas
and be located as far as possible from these areas Migratory birds tend to concentrate in or near
wetlands and riparian areas and use these areas as migratory flyways and dispersal corridors,
which could exacerbate the documented problein of birds being killed by flying into and strAmg
the towers If you anticipate unavoidable impacts to wetlands, you should contact the
appropriate U S Army Corps of Engineers office to determine if a permit is required by that
agency prior to commencement of construction activities
Again due to our existing pioject workload the Raleigh Field Office is no longer able to respond
to each request for concurrence that we receive on communication tower projects If you do not
receive a response from our office within 35 days of your letter being mailed to our office, you
can assume that we concur with your findings We hope that the information provided in this
letter clarifies the consultation process while continuing to protect our trust resources If you
have any questions or comments, please contact Mr Dale Suiter of this office at (919) 856 -4520
extension 18
Enclosures
Sincerely,
ti
P Benjamin
Ecological Services Supervisor
3

List of Counties in the U S Fish and Wildlife Service's
Raleigh Field Office Area of Responsibility
Alamance
Lee
Beaufort
Lenoir
Berke
Martm
Braden
Montgomery
Brunswick
Moore
Camden
Nash
Carteret
New Hanover
Caswell
Northampton
Chatham
Onslow
Chowan
Oiange
Columbus
Pamlico
Craven
Pasquotank
Cumberland
Pender
Cuirituck
Peiqunmans
Dare
Person
Duplm
Pitt
Durham
Randolph
Edgecombe
Richmond
Franklin
Robeson
Gates
Rockingham
Granville
Sampson
Greene
Scotland
Guilford
Tyrrell
Halifax
Vance
Harnett
Wake
Hertford
Warren
Hoke
Washington
Hyde
Wayne
Johnston
Wilson
Jones
4

Service Interim Guidelines For Recommendations On
Communications Tower Siting, Construction, Operation, and Decommissioning
1 Any company /applicantlhcensee proposing to construct a new communications tower is
strongly encouraged to co locate the communications equipment on an existing communication
tower or other structure (e g billboard water tower, or building mount) Depending on tower
load factors from 6 to 10 providers may collocate on an existing tower
2 if collocation is not feasible and anew tower or towels are to be constructed communications
service providers are strongly encouraged to construct towers no more than 199 feet above ground
level (AGL) using construction techniques which do not require guy wires (e g use a lattice
structure monopole etc ) Such towers should be unlighted if Federal Aviation Administration
regulations permit.
3 If constructing multiple towers providers should consider the cumulative impacts of all of
those towers to migratory birds and threatened and endangered species as well as the impacts of
each individual tower
4 If at all possible new towers should be sited within existing 'antenna farms (clusters of
towers) Towers should not be sited in or near wetlands, other known bird concentration areas
(e g state or Federal refuges staging areas rookeries) in known migratory or daily movement
flyways or m habitat of threatened or endangered species Towers should not be sited in areas
with a high incidence of fog mist and low ceilings
5 If taller ( >199 feet AGL) towers requiring lights for aviation safety must be constructed, the
minimum amount of pilot warning and obstruction avoidance hghtrng required by the FAA should
be used Unless otherwise required by the FAA only white (preferable) or red strobe fights
should be used at right, and these should be the minimum number minimum intensity and
minimum number of flashes per minute (longest duration between flashes) allowable by the FAA
The use of solid red or pulsating red warning lights at night should be avoided Current research
indicates that solid or pulsating (beacon) red lights attract night migrating birds at a much higher
rate than white strobe lights Red strobe lights have not yet been studied
6 Tower designs using guy wines for support which are proposed to be located in known raptor
or waterbnrd concentration areas or daily movement routes, or in major diurnal migratory bird
movement routes or stopover sites, should have daytime visual markers on the wires to prevent
collisions by these diurnally moving species (For guidance on markers see Avian Powei Lane
Interaction Committee (APLIC) 1994 Mitigating Bird Collisions with Power Lanes The State
of the Art in 1994 Edison Electric Institute Washington, D C 78 pp, and Avian Power Line

Intet action Committee (APLIC) 1996 Suggested Practices for Raptor Protection on Power
Lines Edison Flectr ac IristitutelRaptor Research Foundation, Washington D C,128 pp Copies
can be obtained via the Internet at http / /www eel org/resources /pubcat/enviro/ or by calling 1
800/334 5453)
7 Towers and appendant facilities should be sited designed and constructed so as to avoid or
minimize habitat loss within and adjacent to the tower `footprint However, a larger tower
footprint is preferable to the use of gay wires in construction Road access and fencing should be
minimized to reduce or prevent habitat fragmentation and disturbance and to reduce above
ground obstacles to birds in flight
8 If significant numbers of breeding feeding or roosting birds are known to habitually use the
proposed tower construction area relocation to an alternate site is recommended If this is not an
option seasonal restrictions on construction may be advisable in order to avoid disturbance during
periods of high bird activity
9 In order to reduce the number of towers needed in the future, providers are encouraged to
design new towers structurally and electrically to accommodate the applicant/licensee s antennas
and comparable antennas for at least two additional users (minimum of three users for each tower
structure) unless this design would require the addition of lights or guy wires to an otherwise
unlighted and/or unguyed tower
10 Security hghtmg for on ground facilities and equipment should be down shielded to keep
fight within the boundaries of the site
11 If a tower is constructed or proposed for construction Service personnel or researchers from
the Communication Tower Working Group should be allowed access to the site to evaluate bird
use conduct dead bird searches to place net catchments below the towers but above the ground,
and to place radar Global Positioning System, infrared thermal imagery and acoustical
monitoring equipment as necessary to assess and verify bird movements and to gain information
on the impacts of various tower sizes, configurations and lighting systems
12 Towers no longer in use or determined to be obsolete should be removed within 12 months of
cessation of use

February 14 2012
Erik Carlson
American Tower Corporation
10 Presidential Way
Woburn MA 01801
Subject Murraysville NC
Mabee Way
Wilmington NC
Project No M 382 2
Environmental Corporation of America (ECA) is assisting American Tower Corporation with environmental
due diligence at the subject site In conjunction with the FCC NEPA Environmental Checklist the purpose of
this letter is to provide American Tower Corporation with documentation of our investigations and findings
relative to federally or state protected species and /or critical habitat migratory birds and wetlands indicators
at the subject site In accordance with 47 CFR 1 1307 (a) 3 ECA conducted an Informal Biological
Assessment (IBA) to identify whether any Federal or State listed species will be affected by the proposed
project
Project Description
The federal undertaking includes construction of a telecommunications facility including a fenced compound
within a 100 foot by 100 foot lease area and an 87 foot (90 foot overall height) monopole tower structure The
lease area will be accessed via an approximate 2 534 foot by 25 foot proposed access /utility easement
approximately 1 655 feet of which is existing As part of this review ECA also assessed approximately 30 feet
in all directions outside of the proposed lease area and evaluated the assessment area for federally and state
protected species
Project Location
The lease area additional assessment area and portions of the access /utility easement are occupied by
undeveloped wooded land The 2 534 foot by 25 foot proposed access /utility easement would
traverse Mabee Way an existing paved road in a northerly direction from Murrayville Road and then turn
eastward through an area of wooded land toward the lease area as shown on the Site Plan in Appendix D
Photographs of the project area are included in Appendix A Descriptions of the photographs are provided
underneath each photograph and photograph locations are graphically depicted on the Site Plan in Appendix
D
The address listed in this report and throughout the attachments is the best approximation of this projects
address at the time environmental services were ordered It should be noted that the address may change
once the E 911 address is established by the local municipality Regardless of any change of address that
may occur in the future the position location and description of the site assessed during this project are as
described herein
Wetland Discussion
According to the USDA New Hanover County Web Soil Survey soils found within the project area and
access /utility easement are Seagate fine sand and Murville fine sand Seagate soils are moderately well
drained soils typically found on flats on marine terraces Murville soils are very poorly drained soils typically
found on depressions and flats on marine terraces These soils are listed as hydric In New Hanover County
North Carolina
Environmental Corp of America Page 1

0:7121
ECA has conducted a formal wetland delineation of the proposed project area The findings of the delineation
indicate that portions of the lease area additional assessment area and access /utility easement are occupied
by apparent jurisdictional forested wetlands Further based on National Wetlands Inventory data the lease
area additional assessment area and non existing portion of the access /utility easement are mapped as a
wetland area ECA recommends that identified wetland boundaries be confirmed by the Wilmington District
U S Army Corp of Engineers and if impacts to Jurisdictional wetlands or waters are proposed that the proper
authorizations be obtained prior to commencement of any site development activities
Threatened and Endangered Species Discussion
ECA has reviewed the most current US Fish and Wildlife Service ( USFWS) Endangered or Threatened
Species by County List for New Hanover County North Carolina and the North Carolina Natural Heritage
Program Database Locations of Rare Species Element Occurrences by 7 5 Minute USGS Quadrangle ECA
has also reviewed information from various sources pertaining to the habitat requirements of the listed
species The USFWS has developed interim guidelines providing recommendations on location and
construction of communications towers in an effort to minimize impacts to migratory birds ECA has reviewed
these guidelines (included in Appendix E) Habitat at the site was evaluated during our February 16 2011 site
visit which was conducted by Ben Salter of ECA
Species with a state or federal threatened or endangered or proposed threatened or endangered status that
are recognized as inhabiting the Scotts Hill North Carolina 7 5 minute Quadrangle or New Hanover County
North Carolina are listed below as well as in Table 1 Descriptions of these species are provided in Appendix
E Because the proposed undertaking would not impact any open waters aquatic species are not a concern
for this undertaking
The American alligator (Alligator mississippfensis) is listed as a federally threatened species in New Hanover
County North Carolina This species is found primarily in freshwater swamps and marshes but also in rivers
lakes and smaller bodies of water Due to the lack of any significant bodies of water near the project area
ECA believes that no suitable habitat for the American alligator is present
The piping plover (Charadrius melodus) is listed as a federally threatened species in New Hanover County
North Carolina The piping plover generally nests along the sandy beaches of the Atlantic Coast and the
gravelly shorelines of lakes Piping plover breeding territories include feeding areas such as a dune pond or a
slough or near a lake shore or ocean edge No suitable habitat for the piping plover is present within the
project area Furthermore this species is not listed as being present within the Scotts Hill USGS 7 5 minute
Quadrangle Map
The red cockaded woodpecker (Pfcofdes borealis) is listed as a federally and state endangered species in
New Hanover County North Carolina and within the Scotts Hill USGS 7 5 minute Quadrangle Map The
red cockaded woodpecker generally nests in mature pine with low understory vegetation and forage in large
pine and pine hardwood stands greater than 30 years in age and preferably greater than 10 inches in
diameter No pine observed near the proposed project area were mature enough to provide a suitable habitat
for the red cockaded woodpecker and the understory in the project area is composed of dense shrubs and
hardwoods
Cooley s meadowrue (Thahctrum cooleyi) is listed as a federally and state endangered species in New
Hanover County North Carolina and within the Scotts Hill USGS 7 5 minute Quadrangle Map Cooley s
meadowrue occurs on circumneutral soils in grass sedge bogs and wet pine savannas It may also grow
along fire plow lines in roadside ditches and woodland clearings No suitable habitat for Cooley s
meadowrue is present within the project area
Golden sedge (Carex lutea) is listed as a federally endangered species in New Hanover County North
Carolina Golden sedge grows in sandy soils underlain by coquina limestone deposits where the soil is
calcareous Soils supporting the species are very wet to periodically shallowly inundated The species prefers
the ecotone (narrow transition zone between two diverse ecological communities) between the pine savanna
and adjacent wet hardwood or hardwood /conifer forest Most plants occur in the partially shaded
savanna /swamp where occasional to frequent fires favor an herbaceous ground layer and suppress shrub
dominance The wetland areas within the project impact area are vegetated with a thick woody shrub
understory Therefore no suitable habitat for golden sedge is present within the project area Furthermore
this species is not listed as being present within the Scotts Hill USGS 7 5 minute Quadrangle Map
Rough leaf loosestnfe (Lysfmachfa asperulifolia) is listed as a federally and state endangered species in New
Hanover County North Carolina and within the Scotts Hill USGS 7 5 minute Quadrangle Map Rough leaf
Environmental Corp of America Page 2

0:71A]
loosestrfe generally occurs In the ecotones or edges between open stands of mature longleaf pine /oak and
areas of dense shrub and vine growth usually on a wet peaty poorly drained soils The subject site consists
of a densely forested area with a dense woody understory No ecotones between this habitat and mature
longleaf pine /oak habitat were present In the project Impact area No suitable habitat for rough leaf loosestnfe
is present within the project area
Seabeach amaranth (Amaranthus pumdus) Is listed as a federally and state threatened species in New
Hanover County North Carolina and within the Scotts HIII USGS 7 5 minute Quadrangle Map Seabeach
amaranth occurs on barrier Island beaches where Its primary habitat consists of overwash flats at accreting
ends of Islands and lower foredunes and upper strands of non eroding beaches No suitable habitat for
seabeach amaranth is present within the project area
Big three awn grass (Anstida condensata) Is listed as a state threatened species within the Scotts HIII USGS
7 5 minute Quadrangle Map This species is generally found along Carolina bay rims and prefers areas of
xeric pine /oak scrub habitat The subject site is a dense forested wetland No suitable habitat for big
three awn grass is present within the project area
Snowy orchid (Plantanthera n►vea) is listed as a state threatened species within the Scotts HIII USGS
7 5 minute Quadrangle Map This species is generally found in moist open pinelands and wet prairies The
subject site consists of a densely forested area with a dense woody understory No suitable habitat for the
snowy orchid is present within the project area
Tracy s beaksedge (Rhynchospora tracyi) Is listed as a state threatened species within the Scotts HIII USGS
7 5 minute Quadrangle Map This species is generally found In clay based depressions In open coastal
marshland No suitable habitat for Tracy s beaksedge Is present within the project area
Drooping bulrush (Sc►rpus 1►neatus) is listed as a state threatened species within the Scotts HIII USGS
7 5 minute Quadrangle Map This species is generally found In open wetland prairies and open hardwood
forested wetlands The subject site Is a densely forested wetland with a generally dense shrub understory No
suitable habitat for drooping bulrush is present within the project area
The eastern diamondback rattlesnake (Crotalus adamanteus) is listed as a state endangered species within
the Scotts HIII USGS 7 5 minute Quadrangle Map This species generally inhabits dry sandy areas palmetto
or wiregrass flatwoods pinewoods coastal dune habitats or hardwood hammocks They generally avoid wet
areas No suitable habitat for the eastern diamondback rattlesnake Is present within the project area
The eastern woodrat (Neotoma flondana) is listed as a state threatened species within the Scotts Hill USGS
7 5 minute Quadrangle Map The eastern woodrat is a habitat generalist This species can be found in
habitats ranging from swamplands along the lower Mississippi River through forested uplands to the and
plains of eastern Colorado Therefore ECA does not believe that the proposed undertaking would reduce the
availability of eastern woodrat habitat In the area and would have no effect on this species
Migratory Bird Discussion
The 90 foot monopole telecommunications tower will be built on anew 100 foot by 100 foot lease area and
will Include a 2 534 foot by 25 foot access easement/utility easement The project area and tower structure
does appear to be located near a principal migration route of the Atlantic Flyway Upon our site Investigation
It was determined that the project area is not located in a mapped waterway wildlife refuge national
wilderness area native grassland or forest area ridge line mountain top coastline or area commonly known
to have high incidences of fog or low clouds where migratory birds may be found The nearest significant
body of water is Smith Creek located approximately 2 500 feet south of the subject site Although wetlands
are located within and surrounding the project area these areas would not act as migratory bird attractants
The proposed tower will be 90 feet (overall height) According to the current available studies such as the
Michigan State Police Tower Study towers above 500 appear to have more of an effect on migratory birds
than towers that are shorter than 500 While a more comprehensive and /or a long term study may provide
different results based on the efforts undertaken during this IBA as well as the current data made available
from studies being conducted we have concluded that there is minimal potential for the proposed project to
have a significant effect on migratory bird species Furthermore this tower will be constructed to accept future
collocations thus reducing the need to build additional towers within the Immediate project area In addition
as recommended in the USFWS Service Interim Guidelines for Recommendations on Communications Tower
Siting Construction Operation and Decommissioning the tower will be less than 200 feet tall no guy wires
will be used and the tower will not be lit minimizing the chance for migratory bird strikes
Environmental Corp of America Page 3

I
The findings In the above paragraphs suggest that measures for minimizing Impacts to migratory birds have
been Incorporated Into this proposed undertaking and suggest that there will be no overall Increased risk to
migratory birds based upon the specifications of this project
Conclusions
Based on the Information reviewed and our site Inspection ECA has found no evidence suggesting that state
or federally protected species Inhabit the site or the Immediate site area (Impact zone) It Is our opinion that
the proposed project will not Impact state or federally protected species or designated critical habitat Based
on the proposed tower design and location no adverse Impacts to migratory birds are anticipated We have
Included a Tower Site Evaluation Form in Appendix E
Based on a wetlands delineation conducted by ECA within the project area portions of the lease area
additional assessment area and access /utility easement are occupied by apparent jurisdictional forested
wetlands ECA recommends that identified wetland boundaries be confirmed by the Wilmington District U S
Army Corp of Engineers and if impacts to jurisdictional wetlands or waters are proposed that the proper
authorizations be obtained prior to commencement of any site development activities
Ben Salter of ECA conducted the site visit and area Inspection Mitch Clark collected the applicable
information and compiled this report Mr Salter reviewed this report Mr Salter Is a degreed Biologist His
resume is included In Appendix F
Site Assessor
O�Aa4
Mitch Clark
Project Scientist
Environmental Corp of America Page 4
Senior Reviewer
Ben Salter
Principal Scientist

Table 1 Species List
ATC Action Area Habitat
Species Assessment
Species Name
Federal Species
State Species
Species Habitat Requirement
Species
Rationale
Status
Status
Effect
American alligator
Federal Threatened
Freshwater swamps and marshes
1 No Effect
No suitable habitat present
(Alligator
but also in rivers lakes and smaller
mississippiensis)
bodies of water
Piping plover
Federal Threatened
Generally nests along the sandy
1 No Effect
No suitable habitat present
(Charadnus
beaches of the Atlantic Coast and
melodus)
the gravelly shorelines of lakes
Piping plover breeding territories
include feeding areas such as a
dune pond or a slough or near a
lake shore or ocean edge
Red cockaded
Federal Endangered
State Endangered
Nests in mature pine with low
1 No Effect
No suitable habitat present
woodpecker
understory vegetation and forage in
(Picoides borealis)
large pine and pine hardwood
stands greater than 30 years in age
and preferably greater than 10
inches in diameter
Cooley s meadowrue
Federal Endangered
State Endangered
Occurs on circumneutral sods in
1 No Effect
No suitable habitat present
(Thalictrum cooleyi)
grass sedge bogs and wet pine
savannas It may also grow along
fire plow lines in roadside ditches
and woodland clearings
Golden sedge
Federal Endangered
Sandy sods underlain by coquina
1 No Effect
No suitable habitat present
(Carex lutea)
limestone deposits where the sod
is calcareous Sods supporting the
species are very wet to periodically
shallowly inundated The species
prefers the ecotone (narrow
transition zone between two diverse
ecological communities) between
the pine savanna and adjacent wet
hardwood or hardwood /conifer
forest Most plants occur in the
partially shaded savanna/swamp
where occasional to frequent fires
favor an herbaceous ground layer
and suppress shrub dominance
Rough leaf
Federal Endangered
State Endangered
Occurs in the ecotones or edges
1 No Effect
No suitable habitat present
loosestnfe
between open stands of mature
(Lysimachia
longleaf pine /oak and areas of
asperulifolia)
dense shrub and vine growth
usually on a wet peaty poorly
drained sods
Seabeach amaranth
Federal Threatened
State Threatened
Occurs on barrier island beaches
1 No Effect
No suitable habitat present
(Amaranthus
where its primary habitat consists of
pumdus)
overwash flats at accreting ends of
islands and lower foredunes and
upper strands of non eroding
beaches
Big three awn grass
State Threatened
Carolina bay rims and prefers areas
1 No Effect
No suitable habitat present
(Anstida
of xenc pine /oak scrub habitat
condensata)
Snowy orchid
State Threatened
Moist open pmelands and wet
1 No Effect
No suitable habitat present
(Plantanthera nivea)
prairies
Environmental Corp of America Page 5

1 .
Species Name
Federal Species
State Species
Species Habitat Requirement
Species
Rationale
Status
Status
Effect
Tracy s beaksedge
State Threatened
Clay based depressions in open
1 No Effect
No suitable habitat present
(Rhynchospora
coastal marshland
tracyi)
Drooping bulrush
State Threatened
Open wetland prairies and open
1 No Effect
No suitable habitat present
(Scirpus (meatus)
hardwood forested wetlands
Eastern
State Endangered
Dry sandy areas palmetto or
1 No Effect
No suitable habitat present
diamondback
wiregrass flatwoods pinewoods
rattlesnake (Crotalus
coastal dune habitats or hardwood
adamanteus)
hammocks
Eastern woodrat
State Threatened
Swamplands along the lower
1 No Effect
Species is a habitat
(Neotoma flondana)
Mississippi River through forested
generalist undertaking
uplands to the and plains of
would not reduce habitat
eastern Colorado
availability No evidence of
species was observed
Environmental Corp of America Page 6

Appendix A:
Photos

A: Northerly View From Near the Center of Proposed Lease Area
B: Easterly View From Near the Center of Proposed Lease Area
Environmental Corp of America

C: Southerly View From Near the Center of Proposed Lease Area
D: Westerly View From Near the Center of Proposed Lease Area
Environmental Corp of America

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Appendix B:
NWI Maps

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Appendix C:
Site Location Map

Image Provided by Environmental Data Resources, Inc.
Source: USGS Scale: 1" = 909'
SITE LOCATION MAP
.1ri.co� Murraysville NC
ATC Site #: 273409
Mabee Way
Wilmington, NC
DATE: 02/24/2011
CONSULTANT PROJ. #: M -382 -2

Image Provided by Environmental Data Resources, Inc.
AERIAL PHOTOGRAPH
Murraysville NC
ATC Site #: 273409
Mabee Way
Wilmington, NC
DATE: 02/24/2011
CONSULTANT PROJ. #: M -382 -2

Imaae Provided by ESRI
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STREET MAP
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Wilmington, NC
°r: DATE: 02/24/2011
CONSULTANT PROJ. #: M -382 -2

Appendix D:
Site Plan

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Appendix E
Resources

New Hanover County Endangered Species, Threatened Species,Federal Sp Pagel of 4
Endangered Species, Threatened Species,Federal Species
of Concern, and Candidate Species,
New Hanover County, North Carolina
Updated 09 -22 -2010
Critical Habitat Designations
Piping plover - Charadrius melodus - See the Federal Register for a description of the
primary constituent elements essential for the conservation of wintering piping plovers
within the designated units This document also contains a map and a description of each
designated unit
Federal Register Reference July10, 2001, Federal Register, 66 36038936136
TR VALIGN =TOP>
Common Name
Vertebrate
American alli ag_tor
American eel
Carolina crawfish frog
Eastern painted bunting
Green sea turtle
Loggerhead sea turtle
Mimic glass lizard
Northern pine snake
Scientific name
Alligator mississippiensis
Anguilla rostrata
Rana capito capito
Passerina ciris ciris
Chelonia mydas
Caretta caretta
Ophisaurus mimicus
Pituophis melanoleucus
melanoleucus
Federal Record Status
Status
T (S /A)
Current
FSC
Current
FSC
Current
FSC
Current
T
Current
T
Current
FSC
Historic
FSC
Current
http / /www fws gov /nc- es /es /cntylist /new_hanover html 2/15/2011

New Hanover County Endangered Species, Threatened Species,Federal Sp Page 2 of 4
Piping plover
Charadrius melodus
T
Current
Rafinesque's big -eared bat
Corynorhinus rafinesquii
FSC
Current
Red - cockaded woodpecker
Picoides borealis
E
Current
Shortnose sturgeon
Acipenser brevirostrum
E
Current
Southeastern myotis
Myotns austroriparius
FSC
Current
Southern hognose snake
Heterodon simus
FSC
Current
West Indian manatee
Trichechus manatus
E
Current
Invertebrate
Buchholz's dart moth
Agrotis buchholzi
FSC
Current
Cape Fear threetooth
Triodopsis soelneri
FSC
Current
Eastern beard grass skipper
Atrytone arogos arogos
FSC
Obscure
Greenfield rams -horn
Helisoma eucosmium
FSC
Historic
Loammi skipper
Atrytonopsis loammi
FSC
Obscure
Magnificent rams -horn
Planorbella magnifica
FSC
Historic
Rare skipper
Problema bulenta
FSC
Current
Vascular Plant
Bog St John's -wort
Hypericum adpressum
FSC
Historic
Carolina bishopweed
Ptilamnium ahlesn
FSC
Current
Carolina lead -plant
Amorpha georgiana var
FSC
Historic
confusa
Coastal beaksedge
Rhynchospora pleiantha
FSC
Current
Coastal goldenrod
Solidago villosicarpa
FSC
Historic
Cooley's meadowrue
Thalictrum cooleyi
E
Current
Dune blue curls
Trichostema sp 1
FSC
Current
False coco
Pteroglossaspis ecristata
FSC
Historic
Golden sedge
Carex lutea
E
Probable /Potential
Grassleaf arrowhead
Sagittaria weatherbiana
FSC
Current
Pickering's dawnflower
Stylisma pickeringn var
FSC
Current
pickeringn
Pondspice
Litsea aestivalis
FSC
Current
Raven's boxseed
Ludwigia ravenn
FSC
Historic
Rough- leaved loosestrife
Lysimachia asperulaefoha
E
Current
Sandhills milk -vetch
Astragalus mcchauxra
FSC
Historic
Seabeach amaranth
Amaranthus pumilus
T
Current
Small- leaved meadow -rue
Thalictrum macrostylum
FSC
Current
Spring - flowering goldenrod Solidago verna
FSC
Current
Tough bumelia
Sideroxylon tenax
FSC
Historic
http / /www fws gov /nc- es /es /cntylist/new_hanover html 2/15/2011

New Hanover County Endangered Species, Threatened Species,Federal Sp Page 3 of 4
Venus' fly -trap
Nonvascular Plant
Lichen
Dionaea muscipula FSC Current
Definitions of Federal Status Codes
E = endangered A taxon "in danger of extinction throughout all or a significant portion
of its range "
T = threatened A taxon "likely to become endangered within the foreseeable future
throughout all or a significant portion of its range "
C = candidate A taxon under consideration for official listing for which there is
sufficient information to support listing (Formerly "C1" candidate species )
BGPA =Bald and Golden Eagle Protection Act See below
FSC = federal species of concern A species under consideration for listing, for which
there is insufficient information to support listing at this time These species may or may
not be listed in the future, and many of these species were formerly recognized as "C2"
candidate species
T(S /A) = threatened due to similarity of appearance A taxon that is threatened due to
similarity of appearance with another listed species and is listed for its protection Taxa
listed as T(S /A) are not biologically endangered or threatened and are not subject to
Section 7 consultation See below
EXP = experimental population A taxon listed as experimental (either essential or
nonessential) Experimental, nonessential populations of endangered species (e g , red
wolf) are treated as threatened species on public land, for consultation purposes, and as
species proposed for listing on private land
P = proposed Taxa proposed for official listing as endangered or threatened will be noted
as "PE" or "PT ", respectively
Bald and Golden Eagle Protection Act (BGPA)
In the July 9 2007 Federal Register( 72 37346 - 37372), the bald eagle was declared
recovered, and removed (de listed) from the Federal List of Threatened and Endangered
wildlife This delistmg took effect August 8,2007 After delistmg, the Bald and Golden
Eagle Protection Act (Eagle Act) (16 U S C 668 -668d) becomes the primary law
protecting bald eagles The Eagle Act prohibits take of bald and golden eagles and
provides a statutory definition of "take" that includes "disturb" The USFWS has
developed National Bald Eagle Management Guidelines to provide guidance to land
managers, landowners, and others as to how to avoid disturbing bald eagles For mor
information, visit http / /www fws ov /mi rg atorybirds/baldeagle htm
Threatened due to similari , of appearance(T(S /A))
In the November 4, 1997 Federal Register (55822 - 55825), the northern population of the
bog turtle (from New York south to Maryland) was listed as T (threatened), and the
http / /www fws gov /nc- es /es /cntylist/new_hanover html 2/15/2011

New Hanover County Endangered Species, Threatened Species,Federal Sp Page 4 of 4
southern population (from Virginia south to Georgia) was listed as T(S /A) (threatened
due to similarity of appearance) The T(S /A) designation bans the collection and
interstate and international commercial trade of bog turtles from the southern population
The T(S /A) designation has no effect on land management activities by private
landowners in North Carolina, part of the southern population of the species In addition
to its official status as T(S /A), the U S Fish and Wildlife Service considers the southern
population of the bog turtle as a Federal species of concern due to habitat loss
Definitions of Record Status
Current - the species has been observed in the county within the last 50 years
Historic - the species was last observed in the county more than 50 years ago
Obscure - the date and/or location of observation is uncertain
Incidental /migrant - the species was observed outside of its normal range or habitat
Probable /potential - the species is considered likely to occur in this county based on the
proximity of known records (in adjacent counties), the presence of potentially suitable
habitat, or both
http / /www fws gov /nc es /es /cntylist/new_hanover html 2/15/2011

Topo Map Record Search Results Pagel of 2
TOPOGRAPHIC MAP RECORD SEARCH RESULTS
Search Criteria [Topo Map Name is like Scotts Hill] [Any Scientific Name] [Any Common
Name] [Any State Rank] [Any Global Rank] [Any Name Category] [Any Protection Status]
Records Returned [Animal Assemblage 1] [Invertebrate Animal 2] [Natural Community
3] [Vascular Plant 16] [Vertebrate Animal 9] [Total 31]
Name
Scientific
State
Federal
State
Global
Topo
Topo
Category
Name (click for
Common Name
Status Status Rank
Rank
Map
Map
map]
Status
Animal
Gull Tern
Colonial
Scotts
Assemblage Skimmer
Waterbirds
S3
GNR
Hill Historical
Colony
Nesting Site
Invertebrate
Calephelis
Little Metalmark
SR
S2
G4
Scotts
Current
Animal
virginiensiS
Hill
Invertebrate
Elliptio
Cape Fear Spike
SC
S3
G3Q
Scotts Current
Animal
marsumobesa
Hill
Natural
pine savanna
S2S3
G3
Scotts Current
Community
Hill
Natural
Pond pine
S4
G4G5
Scotts Current
Community
woodland
Hill
Natural
Salt marsh
S5
G5
Scotts Current
Community
Hill
Vascular
Amaranthus
Seabeach
T
T
S2
G2
Scotts
Current
Plant
u
p milus
Amaranth
Hill
Vascular
Aristida
Big Three awn
T
S2
G4�
Scotts
Historical
Plant
condensata
Grass
Hill
Vascular
Asclegias
Savanna
SC V
S3
G4
Scotts
Historical
Plant
pedicellata
Milkweed
Hill
Vascular
Dichanthelium
A Witch Grass
SR L
S2
G2G3
Scotts Historical
Plant
sp 9
Hill
Vascular
Dionaea
Venus Flytrap
SC V
FSC
S3
G3
Scotts
Current
Plant
muscipula
Hill
Vascular
Gelsemium
Swamp
SC V
S1S2
G5
Scotts Current
Plant
rankinii
Jessamine
Hill
Vascular
Lysimachia
Rough leaf
E
E
S3
G3
Scotts Current
Plant
asperulifolia
Loosestrife
Hill
Vascular
Oenothera
Riverbank
Scotts
Plant
riparia
Evening
SR L
S2S3
G2G3
Hill Current
primrose
Vascular
Pinguicula
Yellow
SR P
S2
G4G5
Scotts
Current
Plant
lutea
Butterwort
Hill
Vascular
Platanthera
Snowy Orchid
T
S1
G5
Scotts Historical
Plant
nivea
Hill
Vascular
Polvgala
Hookers
SC V
S2S3
G3
Scotts
Current
Plant
hooken
Milkwort
Hill
Vascular
Rhynchospora
Tracy s
T
S2
G4
Scotts
Historical
Plant
tra
Beaksedge
Hill
http / /nhpweb enr state nc us /search/findTopo php ?mapsheetSearch= Scotts+ 2/15/2011

Topo Map Record Search Results
Vascular
Plant
Vascular
Plant
Vascular
Plant
Vascular
Plant
Scirpus Drooping Bulrush T S2
lineatus
Solidago verna Spring flowering SRO FSC S3
Goldenrod
Thalictrum Cooley s E E S2
coolevi Meadowrue
G4
G3
G2
Yucca glonosa Moundlily Yucca SR P S2? G4?
Page 2 of 2
Scotts Current
Hill
Scotts Current
Hill
Scotts Current
Hill
Scotts Current
Hill
Vertebrate
Ambvstoma
Mabee s
SR
S3
G4
Scotts Historical
Animal
mabeei
Salamander
Hill
Vertebrate
Caretta caretta
Loggerhead
T
T
S3B S3N G3
Scotts Current
Animal
Seaturtle
Hill
Corynorhinus
Rafinesque s
Vertebrate
rafinesguii
Big eared Bat
SC
FSC
S3
G3G4TNR Scotts Obscure
Animal
macrotis
Coastal Plain
Hill
subspecies
Vertebrate
Crotalus
Eastern
Scotts
Animal
adamanteus
Diamondback
E
S1
G4
Hill Current
Rattlesnake
Vertebrate
Haematogus
American
SC
S36 S4N G5
Scotts
Current
Animal
alliatus
Oystercatcher
Hill
Vertebrate
Malaclemvs
Diamondback
SC
FSC
in
S3
G4
Scotts
Current
Animal
terrapin
Terrapin
part
Hill
Vertebrate
Neotoma
Eastern Woodrat
Scotts
Animal
flondana
Coastal Plain
T
S1
G5T5
Current
Hill
flondana
population
Vertebrate
Passenna cans
Eastern Painted
SC
FSC
S3B
G5T3T4
Scotts
Current
Animal
cans
Bunting
Hill
Vertebrate
Picoides
Red cockaded
E
E
S2
G3
Scotts
Current
Animal
borealis
Woodpecker
Hill
Explanation of codes NC Topographic Map Index
Results current as of Tuesday 15 February 2011 @ 17 16 13 EST
NORTH CAROLINA NATURAL HERITAGE PROGRAM
DIVISION OF NATURAL RESOURCES PLANNING AND CONSERVATION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
1601 MSC
RALEIGH NC 27699 1601
http //nhpweb enr state nc us /search/findTopo php9mapsheetSearch= Scotts+ 2/15/2011

Page 1 of 1
LEE
http: / /alaska.usgs.gov/ science / biology/ avian_ influenza limages /NA_migration_flyways.gif 8/26/2010

TOWER SITE EVALUATION FORM
1 Location (Provide maps if possible)
State NC County New Hanover Latitude/Longitude /GPS Grid N 34'18 2 7
W 77 050 47 6
Ci , and Highway Directions From Wilmington, NC take US 17 north to I 140 east,
take NC Route 133 south, take a left on Bavarian Lane, which becomes Murraysville
Road Mabee Way will be on the left Subject site is off of Mabee Way on the right
2 Elevation above mean sea level 40 7 feet
3 Will the equipment be co located on an existing FCC licensed tower or other existing
structure (building billboard etc )? (y /n) n If yes type of structure
If yes, no further information is required
4 If no provide proposed specifications for new tower
Height 90 Construction type (lattice monopole etc ) Monopole_
Guy wired9 (y /n) N No Bands NA Total No Wires NA
Lighting (Security & Aviation) N
If tower will be lighted or guy wired, complete items 5 20 If not, complete only items 19
and 20
5 Area of tower footprint in acres or square feet
6 Length and width of access road in feet
7 General description of terrain —
8 Meteorological conditions (incidence of fog low ceilings etc )
9 Soil type(s)
10 Habitat types and land use on and adjacent to the site by acreage and percentage of total
90% grassed land and 10% stream
11 Dominant vegetative species in each habitat
12 Average diameter breast height of dominant tree species in forested areas

13 Will construction at this site cause fragmentation of a larger block of habitat into two or more
smaller blocks9 (y /n) If yes describe
14 Is evidence of birds roosts or rookeries present9 (y /n) If yes describe
15 Distance to nearest wetland area (forested swamp march riparian marine etc ) and
coastline if applicable
16 Distance to nearest telecommunications tower
17 Potential for co location of antennas on existing towers or other structures
18 Have measures been incorporated to minimizing impacts to migratory birds9 (y /n)
19 Has an evaluation been made to determine if proposed facility may affect listed or proposed
endangered or threatened species or their habitat as required by FCC regulation at 47 CFR
1 1307(a)(3)? (y /n) y If yes present findings See Report
20 Additional information required

Appendix F:
Qualifications

Ben Salter, REP
EDUCATION M S Biology August 2004
Western Carolina University Cullowhee North Carolina
B S Biology Chemistry Minor — December 1998
Georgia College & State University Milledgeville Georgia
PROFESSIONAL
EXPERIENCE
November 2007 Principal Scientist/Office Manager
Present Environmental Corporation of America Asheville NC
April 2006 Principal Environmental Scientist / Partner
November 2007 Blue Ridge Ecological Waynesville North Carolina
January 2005 Project Environmental Scientist
November 2007 Malcolm Pirme Inc Newport News Virginia
August 2002 Research Assistant/Teaching Assistant
December 2004 Western Carolina University Cullowhee North Carolina
May 2003 Biological Science Technician
September 2003 United States Forest Service (USFS) Asheville North Carolina
January 1999 Project Scientist / Project Manager
May 2002 Environmental Corporation of America Alpharetta Georgia
TRAINING AND CERTIFICATION
• GA DOT Coastal Wetland Plant Identification w/ Dr Bob Mohlenbrock (Sept 2010)
• Airports Council International — North America NEPA Workshop (Dec 2009)
• NC State Stream Restoration Design Principles (Oct 2007)
• Southeastern Watershed Roundtable (2006)
• Rosgen Level 1 — Applied Fluvial Geomorphology (2006)
• VDEQ Stream Impact and Compensation Assessment Manual (SICAM) Workshop
(2006)
• VIMS Perennial Stream Workshop (2005)
• VA Association of Wetlands Professionals Regulatory Update (2005)
JOURNAL PUBLICATIONS
Miller JR EB Salter JB Anderson PJ Lechler SL Kondrad PF Galbreath 2005
Influence of Temporal Variations in Water Chemistry on the Pb Isotopic Compositions
of Rainbow Trout (Oncorhynchus mykiss) Science of the Total Environment 350 p
204 224
1

REPRESENTATIVE PROJECTS
Environmental Impact Statement / Feasibility Study for Flood Damage Reduction and
Ecosystem Restoration James River South Dakota
Evaluation of Ecosystem Restoration and Flood Damage Reduction Measures on the Federally
Endangered Topeka Shiner in the James River Basin South Dakota
Environmental Assessments Proposed Soco Creek and Old #4 Sewer Line Replacements
Cherokee North Carolina
US Forest Service Biological Evaluation Proposed Eastern Band of Cherokee Indians Snowbird
Community Center Nantahala National Forest Robbinsville North Carolina
US Forest Service Environmental Assessment Proposed Eastern Band of Cherokee Indians
Snowbird Community Center Nantahala National Forest Robbinsville North Carolina
USACE and FDEP Wetlands Individual Permit and Mitigation Freeport Walton County
Florida
Multi Day Active Osprey Nest Monitoring During Telecommunications Tower Activities
Wilmington Island GA
USACE and St Johns River Water Management District Nationwide and Environmental
Resource Permit and Mitigation Fellsmere FL
USACE and St Johns River Water Management District Nationwide and Environmental
Resource Permit and Mitigation Jacksonville FL
National Environmental Policy Act (NEPA) Investigations including Section 106 Review and
Environmental Assessments — Over 500 Projects Nationwide
Protected Species Evaluations/ FWS Consultations over 500 Sites Nationwide
Multiple Intensive Surveys for the Federally Threatened Dwarf Flowered Heartleaf Western
North Carolina
USACE Wetland /Stream Delineations and USACE /State Permitting Alabama Delaware
Georgia Florida Illinois Louisiana Mississippi North Carolina New York Ohio South
Carolina South Dakota Virginia and West Virginia
Wetland Delineation and Mapping of entire Eastern Band of Cherokee Indians Reservation
Cherokee North Carolina
Telecommunications Tower Osprey Nesting Survey Greensboro North Carolina
Phase I Environmental Site Assessments — Over 500 Projects Nationwide
OA

Phase II Environmental Assessments UST Removals Groundwater Monitoring Events and
Petroleum and Chlorinated Solvent Remediation System Installations — Multiple Projects in
Southeastern US
Chestatee Chattahoochee RC &D Mud and Little Mud Creek EPA 319 Watershed Management
Plan Habersham County Georgia
US Army Corps of Engineers and Virginia Port Authority Environmental Impact Statement
Craney Island Dredged Material Disposal Area Expansion and Subsequent Virginia Port
Authority Craney Island Terminal Construction Portsmouth Virginia
Wetlands Delineation of over 2000 acres City of Jacksonville Land Treatment System
Expansion Onslow County North Carolina
Preparation of Individual Permit Application and State Environmental Policy Act
Documentation City of Jacksonville Land Treatment System Expansion Onslow County North
Carolina
Water Quality Testing and Benthic and Fish Assessment Hiawassee Georgia
Ecological Risk Assessment Brown s Lake Fort Eustis Newport News Virginia
Benthic Geomorphology and Water Quality Evaluation Bull Run Manassas Virginia
Fisheries Assessment and Management Plan Development Lake Lure North Carolina
Fisheries Assessment and Management Plan Development Lake Ravenel Highlands North
Carolina
Brook Trout Genetic Typing Population Estimate Habitat Survey and Restoration Multiple
Projects throughout Western North Carolina
Brook Trout Tissue Collection and Genetic Typing Headwater Streams Throughout Western
North Carolina
VA Environmental Impact Reports — Multiple Projects for Virginia Port Authority and Virginia
Department of Juvenile Justice
Evaluation of Lead Isotopic Composition of Freshwater Snails of Richland Creek Basin
Waynesville North Carolina
Asbestos and Lead Based Paint Inspections Abatement Monitoring and Preparation of
Abatement Specifications — Multiple Projects throughout Georgia
Geotechnical Investigations and Construction Material Testing for Cell Tower and Fiber Optic
Communications Infrastructure — Multiple Projects Nationwide
3

APPENDIX G
HISTORIC RESOURCE CONSULTATION

Communications Tower Review Form
I Applicant Information
Preparer /Company Environmental Corporation of Amenca
Address
Phone /Fax/E mall
65 Hill Street Suite A Asheville NC 28801
P 828 505 0755 F 828 505 0959 kira mazzi@eca usa com
1j1j it
For North Carolina HPO
Use Only
GT II
II Tower Information (Attach copy of USGS map or photocopy of quad on reverse include 1 and 2 mile radius around site)
x Raw Land (New) Co-Location Applicants Identification #
Address Mabee Way, trJ lVmtrAL fo j
County New Hanover County North Carolina FCC Registration No
Tower type and height Monopole 90 ft overall height Quad Name Scotts Hill and Castle Hayne
111 Identification of Historic Properties
List sites by site number and status NR = National Register listed SL = Study List DOE = Determination of Eligibility
LD = Local Designation UA = Unassessed
Archaeology
-
# of recorded sites in immediate area of tower 4
IV Additional Information /investigation Needed
Survey
Testing of sites
Recommended by /on
(Office of State Archaeology)
Architecture �1//
# of recorded sites within /Lmile radius
Photo Reconnaissance
Balloon Test
Recommended by /on
(Survey & Planning Branch)
V Recommendations /Final Determination
Recommendations for additional work are shown above
The proposed communication tower will a7 affect historic properties in the area of potential effect
0,0,u &" — &-,� d - Is- -
Renee Gledhill Earley Environmental Revie C ordinator Date
cc FCC
Februar} 2001
FEB10Z"

APPENDIX H
ADJOINING PROPERTY OWNERS

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APPENDIX I
NC DWQ GENERAL CERTIFICATION 3821

Water Quality Certification No 3821
44 (MINING ACTIVITIES). AND 46 (DISCHARGES IN DITCHES),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3821 is issued in conformity with the requirements of Section
401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H Section 0500 and 15A NCAC 213
0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas
that are not a part of the surface tributary system to Interstate waters or navigable waters of the
United States () as described in 33 CFR 330 Appendix A (B) (18 29 39 41 42 43 44 and 46)
of the Corps of Engineers regulations (i a Nationwide Permit No 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B 0200
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95 217
if conducted in accordance with the conditions hereinafter set forth
Activities meeting any one (1) of the following criteria require written approval from the
Division of Water Quality (the Division')
I Stream and/or buffer impacts
a Any impacts to perennial waters (as depicted on the most recent USGS 124000
topographic map or as otherwise determined by the local government) and their
associated riparian buffers in Water Supply (WS) High Quality Water (HQW) or
Outstanding Resource Water (ORW) watersheds Only water dependent activities public
protects and structures with de minimus increases in impervious surfaces will be allowed
as outlined in those rules [15A NCAC 2B 0212 through 0215] All other activities require a
variance from the delegated local government and /or the NC Environmental Management
Commission before the application for the 401 Water Quality Certification can be
processed
b Any impacts to streams and buffers in the Neuse Tar Pamlico Randleman Catawba and
Jordan basins (or any other basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application [in accordance with 15A NCAC 2B 0200]) unless the
activities are listed as EXEMPT from these Rules
c Any impacts to streams involving excavation or dredging
d Total stream impacts equal to or greater than 150 linear feet of intermittent and /or perennial
stream to be filled culverted rip rapped or relocated including temporary and/or
permanent impacts
II Impacts (temporary and /or permanent) to waters
a Equal to or greater than one third (1/3) of an acre East of Interstate 95 (1 95)
b Equal to or greater than one tenth (1/10) acre West of Interstate 95 (195)
III Wetland impacts (temporary and /or permanent)
a Equal to or greater than one third (1/3) acre East of Interstate 95
b Equal to or greater than one tenth (1/10) acre West of Interstate -95
c Any impacts to wetlands adjacent to waters designated as ORW SA WS I WS II or
Trout or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic River
d Any impacts to coastal wetlands [15A NCAC 7H 0205)) or Unique Wetlands (UWL) [15A
NCAC 2H 05061
Water Quality Certification No 3821

Water Quality Certification No 3821
IV If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by the Division and/or the Division of Land Resources
In accordance with North Carolina General Statute Section 143 215 3D(e) written approval for a
401 Water Quality General Certification must include the appropriate fee If a project also
requires a CAMA Permit then one payment to both agencies shall be submitted and will be the
higher of the two fees
Activities that are below the thresholds or otherwise do not meet the criteria listed above
In this General Certification do not require written approval from the Division of Water
Quality as long as they comply with the Conditions of Certification listed below Including
the Stormwater Management Plan condition If the project requires a Stormwater
Management Plan but is otherwise below the written approval thresholds the applicant
may provide a courtesy copy of the Pre Construction Notification along with a copy of the
Stormwater Management Plan (and approval letter from the appropriate locally delegated
state program where applicable) If any of these Conditions cannot be met then written
approval from the Division is required
Conditions of Certification
1 No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas
beyond the footprint of the impacts depicted in the Pre Construction Notification and
authorized in the written approval from the Division including incidental impacts All
construction activities including the design installation operation and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards statutes or rules occur
2 Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design installation operation and maintenance of such Best
Management Practices
a Design installation operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual The
devices shall be maintained on all construction sites borrow sites and waste pile (spoil)
projects including contractor -owned or leased borrow pits associated with the project
b For borrow pit sites the erosion and sediment control measures must be designed
installed operated and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual
c Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971
d Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times
e If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs)
Trout (Tr) SA WS I WS II High Quality (HQW) or Outstanding Resource (ORW)
waters then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 04B 0124) supercede all other sediment
and erosion control requirements '
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3 No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by the Division If placement of sediment and erosion control devices in
wetlands and waters is unavoidable then design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or
stream beds or banks adjacent to or upstream and down stream of the above structures All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project
4 Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres] full compliance with permit conditions including the sedimentation control plan
self monitoring record keeping and reporting requirements are required A copy of this
permit and monitoring report forms may be found at
http 11h2o enr state nc us/su /Forms Documents him
5 Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i a sea turtle or bird nesting)
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities This condition can be waived through written
concurrence on a case by case basis upon reasonable justification
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC) US Fish and Wildlife Service ( USFWS) NC Division of Marine Fisheries
(DMF) or National Marine Fisheries Service (NMFS) to lessen Impacts on trout anadromous
fish larval /post larval fishes and crustaceans or other aquatic species of concern shall be
implemented This condition can be waived through written concurrence on a case by case
basis upon reasonable justification
Work within the twenty five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC
USFWS NMFS and /or DMF personnel
6 Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual or the NC DOT Construction and Maintenance Activities Manual such as
sandbags rock berms cofferdams and other diversion structures shall be used to minimize
excavation in flowing water Exceptions to this condition require submittal to and approval
by the Division of Water Quality
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7 Riparian Area Protection (Buffer) Rules
Activities located in the protected 50 foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse Tar Pamlico Catawba Randleman and Jordan (or any other basin
with buffer rules) shall be limited to uses identified within and constructed in accordance
with 15A NCAC 213 0233 0259 0250 0243 and 0267 and shall be located designed
constructed and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices All buffer rule
requirements Including diffuse flow requirements must be met
8 Water Supply Watershed Buffers
The 30 foot wide vegetative buffer (low density development) or the 100 foot wide vegetative
buffer (high density development) shall be maintained adjacent to all perennial waters except
for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
0212 through 0215)
9 If concrete is used during the construction then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life /fish kills
10 Compensatory Mitigation
In accordance with 15A NCAC 2H 0506 (h) compensatory mitigation may be required for
losses of 150 linear feet or more of streams (intermittent and perennial) and/or one (1) acre
or more of wetlands For linear public transportation projects impacts equal to or exceeding
150 linear feet per stream shall require mitigation
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as Allowable with Mitigation
within the Table of Uses section of the Buffer Rules or require a variance under the Buffer
Rules
A determination of buffer wetland and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide Permit Design and monitoring
protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation
Gu►de/►nes (April 2003) or its subsequent updates Compensatory mitigation plans shall be
submitted for written Division approval as required in those protocols Alternatively the
Division will accept payment into an in lieu fee program or credit purchase from a mitigation
bank
Finally the mitigation plan must be implemented and /or constructed before any permanent
building or structure on site is occupied In the case of public road projects the mitigation
plan must be implemented before the road is opened to the public Proof of payment to an
in lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement
11 For all activities requiring re alignment of streams a stream relocation plan must be included
for written Division approval Relocated stream designs should include the same dimensions
patterns and profiles as the existing channel (or a stable reference reach if the existing
channel is unstable) to the maximum extent practical The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized Vegetation used for bank stabilization shall be limited to native woody species
and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical A
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transitional phase incorporating appropriate erosion control matting materials and seedling
establishment is allowable Rip rap A -Jacks concrete gabions or other hard structures may
be allowed if it is necessary to maintain the physical Integrity of the stream however the
applicant must provide written justification and any calculations used to determine the extent
of rip rap coverage Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District April 2003
Stream Mitigation Guldelines (or its subsequent updates) the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation
12 Stormwater Management Plan Requirements
A Linear public transportation projects will be required to treat stormwater runoff to
the Maximum Extent Practicable in accordance with the practices described in the
NCDOT Best Management Practices (BMP) Manual
B All other projects shall comply with the requirements set forth below In addition
the applicants shall follow the procedures explained in the version of Protocol for
Stormwater Management Plan (SMP) Approval and Implementation that is in place
on the date of the submittal of the SMP
i Project Density Projects with SMPs that require 401 Oversight/ Express Unit
approval shall be classified as either Low or High Density according to the
criteria described below
a Low Density A development shall be considered Low Density d ALL of
the following criteria are shown to have been met
The overall site plan excluding ponds lakes rivers (as specified in
North Carolina s Schedule of Classifications) and saltwater wetlands
(SWL) must contain less than 24% impervious surface area
considering both current and future development
All stormwater from the entire site must be transported primarily via
vegetated conveyances designed in accordance with the most recent
version of the NC DWQ Stormwater BMP Manual
3 The project must not include a stormwater collection system (such as
piped conveyances) as defined in 15A NCAC 2B 0202(60)
4 If a portion of project has a density equal to or greater than 24%
then the higher density area must be located in an upland area and
away from surface waters and drainageways to the maximum extent
practicable
b High Density Projects that do not meet all of the Low Density criteria
described above are considered to be High Density requiring the
installation of appropriate BMPs as described below
1 All stormwater runoff from the site must be treated by BMPs that are
designed at a minimum to remove 85 percent of Total Suspended
Solids (TSS)
Projects located in watersheds that drain directly to waters
containing the following supplemental classifications shall meet
these additional requirements
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Water Quality
Stormwater BMP Requirement
Supplemental
Classification
§303(d)
Project specific conditions may be added
by the Division to target the cause of the
water q lity impairment
NSW
A minimum of 30 percent total
phosphorus and 30 percent total nitrogen
removal or other applicable nutrient
reduction goal for the watershed as
codified in the15A NCAC 2B 0200 rules
Trout (Tr)
A minimum of 30 percent total
phosphorus and 30 percent total nitrogen
removal BMPs should also be designed
to minimize thermal pollution
All BMPs must be designed in accordance with the version of the NC
Division of Water Quality Stormwater Best Management Practices
Manual that is in place on the date of the submittal of the SMP Use
of stormwater BMPs other than those listed in the Manual may be
approved on a case by case basis if the applicant can demonstrate
that these BMPs provide equivalent or higher pollutant removal and
water quality protection
u Vegetated Setback In areas that are not subject to a state Riparian Area
Protection Rule a 30 foot wide vegetated setback must be maintained
adjacent to streams rivers and tidal waters as specified below
a The width of the setback shall be measured horizontally from
1 The normal pool elevation of impounded structures
2 The streambank of streams and rivers and
3 The mean high waterline of tidal waters perpendicular to shoreline
b The vegetated setback may be cleared or graded but must be planted with
and maintained in grass or other appropriate plant cover
c The DWQ may on a case by -case basis grant a minor variance from the
vegetated setback requirements pursuant to the procedures set forth in
15A NCAC 02B 0233(9)(b)
d Vegetated setbacks and filters required by state rules or local governments
may be met concurrently with this requirement and may contain coastal
isolated or 404 jurisdictional wetlands
ui Stormwater Flowing to Streams and Wetlands Stormwater conveyances
that discharge to streams and wetlands must discharge at a non erosive
velocity prior to entering the stream or wetland during the peak flow from the
ten year storm
iv Projects Below Written Authorization Thresholds Projects that are below
written authorization thresholds must comply with the version of Protocol for
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Stormwater Management Plan (SMP) Review and Approval that is in place on
the date of the certification for the project
v Phased Projects The DWQ will allow SMPs to be phased on a case by case
basis with a final SMP required for the current phase and a conceptual SMP
for the future phase(s) If the current phase meets the Low Density criteria but
future phase(s) do not meet the Low Density criteria then the entire project
shall be considered to be High Density
13 Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and Installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows
Existing stream dimensions (including the cross section dimensions pattern and longitudinal
profile) must be maintained above and below locations of each culvert Placement of culverts
and other structures in waters and streams must be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches and 20 percent
of the culvert diameter for culverts having a diameter less than or equal to 48 inches to allow
low flow passage of water and aquatic life
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions Additionally when
roadways causeways or other fill projects are constructed across FEMA designated
floodways or wetlands openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands
If site specific topographic constraints preclude the ability to bury the culverts as described
above and /or the applicant can demonstrate that burying the culvert would result in
destabilization of the channel and head cutting upstream the Division will consider
alternative design proposals
Any nprap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained
The establishment of native woody vegetation and other soft stream bank stabilization 3
techniques must be used where practicable instead of nprap or other bank hardening
methods
14 Additional site specific conditions may be added to the written approval letter for projects
proposed under this Water Quality Certification in order to ensure compliance with all
applicable water quality and effluent standards
15 If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA) then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse
16 If this Water Quality Certification is used to access budding sites then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands The applicant
Is required to provide evidence that the lots are buildable without requiring additional Impacts
to wetlands waters or buffers if required to do so In writing by the Division For road
construction purposes this Certification shall only be utilized from natural high ground to
natural high ground
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17 Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands waters and protective buffers in order to assure compliance for future wetland
water and buffer impact These mechanisms shall be put in place at the time of recording of
the property or of individual lots whichever is appropriate A sample deed notification can
be downloaded from the 401Mletiands Unit web site at
http !/aortal ncdenr oro/ web /wa /swpMrs/ 401 /certsandpermitslappiylforms
The text of the sample deed notification may be modified as appropriate to suit to a specific
project
18 When written authorization is required for use of this certification upon completion of all
permitted impacts included within the approval and any subsequent modifications the
applicant shall be required to return the certificate of completion attached to the approval
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center Raleigh NC 27699 1650
19 This General Certification shall expire three (3) years from the date of issuance of the written
letter from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project regardless of the expiration
date of this Certification If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit then the General Certification shall also remain in effect
without requiring re- application and re approval to use this Certification for the specific
impacts already approved
20 The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of
State and Federal Law If the Division determines that such standards or laws are not being
met including failure to sustain a designated or achieved use or that State or Federal law is
being violated or that further conditions are necessary to assure compliance then the
Division may reevaluate and modify this General Water Quality Certification
Non compliance with or violation of the conditions herein set forth by a specific fill protect may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public s best interest by the Director of the North Carolina
Division of Water Quality
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Water Quality Certification No 3821
Effective date April 6 2010
DIVISION OF WATER QUALITY
By
Coleen H ullins
Director
History Note Water Quality Certification (WQC) Number 3821 issued April 6 2010 replaces
WQC Number 3705 issued November 1 2007 WQC Number 3631 issued March 19 2007 WQC
Number 3402 issued March 2003 WQC Number 3362 issued March 18 2002 WQC Number
3287 issued June 1 2000 and WQC Numbers 3106 and 3108 issued on February 11 1997
This Water Quality Certification is rescinded when the Corps of Engineers re authorizes
Nationwide Permits 18 29 39 41 42 43 or 44 or when deemed appropriate by the Director of
the Division of Water Quality
Water Quality Certification No 3821