20031554 Ver 2_401 Application_20091120

ORIGINAL COPoY
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
November 20, 2009
S&EC #5-1201
US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Andrew Williams
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
N.C. Division of Water Quality
401 Oversight and Express Permits 1
Attn: Amy Chapman & Sue Homewood
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260 po IN 'k,;k:37, L5 0d j
RE: Riverdale Drive Landfill, "NIS" Bypass - City of High Point, NC NO V t
Nationwide Permit # 38 & General Water Quality Certification No. 3696 209 11
DENR • WATER OUALTY
Dear Mr. Williams, Ms. Chapman & Ms. Homewood, WETLANDS AND STORMWATER BRANCH
Our client, City of High Point, NC & Seaboard Group II, request the use of Nationwide Permit 38 for
proposed wetland and stream impacts associated with the City of High Point-Riverdale Landfill. The
wetland, stream and buffer impacts proposed in this application are required to comply the remedial
action plan as ordered by the N.C. Department of Environment and Natural Resources (DENR), Division
of Waste Management (DWM) under two previous Administrative Order on Consents (AOC) and the
current Remedial Action Settlement Agreement dated December 2008.
A Major Variance was approved by the Water Quality Committee (WQC) of the N.C. Environmental
Management Commission (EMC) to impact the Randleman Lake Buffers on November 18, 2009.
Mitigation was required for the buffer impacts (2:1 for Zone 1 & 1:1 for Zone 2).
PROJECT SUMMARY
Project Name Riverdale Drive Landfill - "NIS" Bypass
Project Type Municipal Landfill
Owner / Applicant City of High Point/Seaboard Group II
County Guilford
Nearest Town High Point
Waterbody Name Randleman Lake/Deep River
Basin / Sub-basin Cape Fear (03-06-08)
Index Number 17-(4)
8-Digit Cataloging Unit (HUC) 03030003
Classification WS IV; CA
IMPACT SUMMARY
Stream Impact (acres): 0.015
Wetland Impact (acres): 0.26
Open Water Impact (acres): 0.004
Riparian Buffer Impact (acres) 0.73
Total Impact to Waters of the U.S. (acres): 0.279
Total Stream Impact (linear feet): 208
Charlotte Office: Greensboro Office:
248 LePhillip Court 3859 Battleground Ave
Ste 112
Concord, NC 28025 ,
Greensboro
NC 27410
Phone: [phone] ,
Phone: [phone]
Fax: [phone] Fax: [phone]
November 20, 2009
S&EC Project #: 5-1201
Page 2 of 2
The applicant proposes 208 feet of stream mitigation to compensate for the total intermittent and
perennial stream impacts. The applicant proposes 0.5 acres of wetland mitigation to account for the total
wetland impacts. Mitigation for the stream, wetland and buffer impacts will be satisfied via payment into
the N.C. Ecosystem Enhancement Program.
Please call if you have questions or comments regarding the information provided.
Sincer ly,
& Environmen al Consultants, PA
Bob Zarzecki
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorizations
Aerial Photo of Site
USGS topo & USDA Soil Survey Vicinity Maps
Overall Landfill Survey
Impact Maps/Site Plans
NC EEP acceptance letter (Expires March 4, 2010)
NC SHPO letter (6/11/09)
DWQ Stream Determination Letter (10/23/09)
Remedial Action Settlement Agreement (December 2008)
Cash Property Easement (8/25/09)
Prior USACE 404 permit(s)
Prior NC DWQ 401 permit(s)
Rapanos forms
Wetland data forms
DWQ 401 fee
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the

Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 38 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. 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
1 e.

No 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. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Riverdale Landfill-City of High Point
2b. County: Guilford
2c. Nearest municipality / town: High Point
2d. Subdivision name: n/a
2e. NCDOT only, T.I.P. or state
project no: n/a
3. Owner Information
3a. Name(s) on Recorded Deed: City of High Point
3b. Deed Book and Page No. Plat book 169 Page 64 Riverdale
3c. Responsible Party (for LLC if
applicable): Chris Thompson, PE
3d. Street address: PO Box 230
3e. City, state, zip: High Point, NC 27261
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page 1 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Bob Zarzecki
5b. Business name
(if applicable): Soil & Environmental Consultants, PA
5c. Street address: 11010 Raven Ridge Road
5d. City, state, zip: Raleigh, NC 27614
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 18-00-0481-0-0001-00-002
1 b. Site coordinates (in decimal degrees): Latitude: 35.949127 Longitude: - 79.912274
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 101.77 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Deep River (Randleman Lake)
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV; CA (17-(4))
2c. River basin: Cape Fear (03030003)
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:
The site contains an existing abandoned landfill (City of High Point, Riverdale Drive Landfill) which stopped operations in
October 1993. Surrounding properties include Randleman Lake, rural and agricultural lands with single family
residences, state highway, City of High Point Eastside Waste Water Treatment Plant.
3b. List the total estimated acreage of all existing wetlands on the property:
- 0.7 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
- 1,437 linear feet including Seaboard Chemical parcel.
3d. Explain the purpose of the proposed project:
Overall project purpose is to implement the remedial action plan to "clean up" contaminated landfill leachate as ordered
by NCDENR, Division of Waste Management, Hazardous Waste Section under two previous Administrative Order on
Consents (AOC) and the Remedial Action Settlement Agreement dated December 2008 (see attached).
3e. Describe the overall project in detail, including the type of equipment to be used:
The plan is to by-pass an intermittent/perennial stream known as the Northern Intermittent Stream (NIS), that is currently
partially piped under the existing abandoned Riverdale Landfill, around the landfill to another modified intermittent stream
known as the Pump Station Stream (PSS). The existing pipe under the landfill will remain in place. The existing "N/S"
outlet will be closed and a /eachate collection well will be installed. The leachate collection well will intersect and use the
existing pipe (essentially just a new manhole attachment to the existing pipe with an internal pump), be located within 200
feet of the lake, at the base of the existing landfill, uphill of the existing maintained sewer easement, greater than 50 feet
from the lake and will not impact any jurisdictional areas. The collected contaminated leachate (no longer mixed with the
"clean" water of the NIS stream) will be sent to an upland Natural Treatment System including a constructed wetland and
phytoremediation system (34.5 acres of trees planted on the existing landfill). A physical and chemical treatment system
including air stripping, aeration and ozoneoxidation methods will also be used to supplement the Natural Treatment
System. Long term inspections and monitoring of the systems and waters will occur.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ®Yes ? No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary [I Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&EC, PA
Name (if known): Overby/Fulton/Zarzecki Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
7128105; 9121105; 3110109
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Prior nationwide permits have been authorized for stream, wetland and buffer impacts associated with remediation and
monitoring efforts (see attached). More specifically, verification to use NWP38 and GC3696 (Action ID#
2004203321DWQ# 03-1554) was received on January 12, 2004. That approval allowed for 25 linear feet of stream, 0.025
acres of wetlands, and 0.05 acres of buffer impact for maintenance/replacement of an existing pipe for leachate
collection. On October 19, 2005 verification to use NWP 14 and GC3704 was authorized for 58 If of perennial stream
impact associated with road construction for site infrastructure (Action ID# 2004203321DWQ# 05-1568).
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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 T
W1 ®P ? T Fill Riparian ® Yes
? No ® Corps
? DWQ 0.26
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
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 0.26
2h. Comments:
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)? other) (feet) feet)
S1 ®P ? T Fill "NIS" LIT to ® PER ® Corps 3 99
Randleman Lake ? INT ? DWQ
S2 ® P ? T Fill "NIS LIT to ? PER ® Corps 3 109
Randleman Lake ® 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
? INT ? DWQ
3h. Total stream and tributary impacts 208
3i. Comments:
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
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 individual) 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 T
01 ® P ? T "PSS" UT Riprap Pool 0.004
Randleman Lake
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts 0.004
4g. Comments: Impact to small open water (existing plunge pool) adjacent to "PSS" stream.
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
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
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 an 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 T impact required.
B1 ®P ? T Fill "NIS" UT Randleman Lake ® Nos 16,288 13,714
B2 ® P ? T Fill "PSS" UT Randleman Lake ® Nos 1,243 766
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 17,531 14,480
6i. Comments: Buffer impacts required a Major Variance which was issued on November 18, 2009 with conditions, including
buffer mitigation as described in Section 6.
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
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 preferred engineering option would have involved 446 If of additional stream and associated buffer impact to the "PSS ,
via armoring (rip rap). The final design requested in this application avoids these additional impacts by stopping the "NIS"
bypass at it's confluence with the "PSS".
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The outlet of the new "NIS" bypass will be located at an existing stormwater discharge and plunge pool immediately
adjacent to the "PSS" and a new, appropriately sized dissipater will be installed. The dissipater will stop short of
impacting the "thalwag" of the "PSS". The "PSS" will be monitored post-construction for any signs of future erosion or
instability. Erosion and sediment control measures will be used during construction.
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, w hich mitigation option will be used for this
project? ? 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: 291 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 74,313 square feet
4e. Riparian wetland mitigation requested: 0.285 acres
4f. Non-riparian wetland mitigation requested: 0 acres
4g. Coastal (tidal) wetland mitigation requested: 0 acres
4h. Comments: The applicant proposes 208 feet of stream mitigation to compensate for the total intermittent and perennial
stream impacts. The applicant proposes 0.5 acres of wetlands to account for the total wetland impacts.
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 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
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 ? Yes ® No
buffer mitigation?
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.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 Remediation efforts 17,531 2 (per Variance) 35,062
Zone 2 Remediation efforts 14,480 1 (per Variance) 14,480
6f. Total buffer mitigation required: 49,542
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).
Payment into in-lieu fee fund
6h. Comments: The Major Variance approved by the WQC on November 18, 2009 required 2:1 mitigation for Zone 1 impacts
and 1:1 mitigation for Zone 2 impacts.
Page 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. 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.
Comments: The project does not involve an increase in BUA or impervious surface. ? Yes ® No
The "NIS" relocation was approved by the WQC on November 18, 2009 and is not a
new stormwater conveyance.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? < 24 % (no new BUA proposed)
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No new development proposed. The
project does not involve an increase in BUA or impervious surface.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? 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? High Point
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
® 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

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? 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 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. 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.
Project is contained to existing, abandoned landfill. Project purpose to remove landfill leachate prior to discharge to
Randleman Lake thereby enhancing downstream water quality.
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.
No wastewater generated from the proposed work.
Page 11 of 12
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?
NHP database
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?
http://ocean.floridamorine.org/efh-coral/ims/viewer.htm
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?
Concurrence that the project will not impact historic or archeological resources has been received from NC SHPO dated
June 11, 2009 (see attached).
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? Guilford County GIS
Bob Zarzecki (Agent) 11-19-2009
Applicant/Agent's Printed Name pplicanVAge is Signature Date
(Agent's sign feis av lid only if an authorization letter from the applicant
is provided.
Page 12 of 12
PCN Form - Version 1.3 December 10, 2008 Version
Riverdale Drive Landfill NWP38
November 20, 2009
Soil & Environmental Consultants, FA
249 LeMilli;, Cour? - Cwword. Nunh Uirohna ?8 25 • Phone! (764) 720 9.105 • fax: ('104,
co-ii
AGEN ' ALt T I lORIZ_A'110N T'C)R'v1
All B;anks 'l o Re Filled In.B The Currant Landovxner
Address: ` c L F it!e ?PZ?i l?t> n° x?t w 7?
- 30
Pi tone:
a
Projix-t Name/ Description. 5 7,4Xi A 'l? /` Gf r 2 r /C? c E l i>" iF-?
The Departinent of the Army
t?.S. Army Corps of Engnneer,,, Wilrningtori District
P.O. Box 189D
t17ilrning'on, N(' 24102
Attr'andN, Wiiliarns
F=ield Office: ?Itajeigh
l'" Wetlands Rcleted Consultinz e-nd Perrnzttmg,
To Whom It gray Concern;:
I, the current pro er , owner, hereby dcsigr?atc and ai hc?zizc Soil Environmental Consultants, Inc.. to
act in my behalf as my agent in the processing of permit applications, to furnish upon reclue4t
supplemental information in support of applicatio.rs, etc, from thus day forward. The ? da of
I his notih cation supersedes any previous correspondence concerning the agent for this project.
NOTICE: "T"his authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by SB&FC staff. You should call 5&7EC
to arrange a site meeting prior to visiting the site.
Print Property Owner's Narne
Property Owner's Signature _
cc: 'vars. Cy-ndi Karoly
\C"DEr IR - UWQ
2321 Crabtree Blvd., Ste; 250
Raleigh, .NC 27604-2260
cc: Mr. Wendell Overby
Mr. Bob Zarzecki
Soil & Environmental Consultants, PA.
t;,:3;??sbcxo #tie ,:
s8l7-E Law-rclatr. Drive cE h Wig;

C;rrcrshtatri,NC 2745$ i
1010, Raven Ridge Raa,i

Pone: (;'s3() 59r? 9214 Raleigh. NC' 27E?1k
Fax: (336} 340-823 pile-le; (919), is0-590(7
Fax: (9:9) 5407-9467
Environmental Consultants, PA
t, Suite C • Concord, North Carolina 28025 • Phone: [phone] • Fax: [phone]
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: Anthony Cash and wife Denise Cash
Address: 5853 Ruverdale Dr. Jamestown NC 27282
Phone: [phone]
Project Name/ Description: NIS Headwater Relocation at Riverdale Landfill
Date: I August 2005
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Andrea Wade
Field Office: Raleigh
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The Is t day of
August
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied b S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site. it Q p
Anthony and Denise Cash
Print Property Owners Name ioperty of s Signature
cc: Mrs. Cyndi Karoly cc: Mr. Wendell Overby
NCDENR - DWQ Soil & Environmental Consultants, PA.
2321 Crabtree Blvd., Ste 250
Raleigh, NC 27604-2260
Greensboro Office: Raleigh Office:
3817-E Lawndale Drive 11010 Raven Ridge Road
Greensboro, NC 27455 Raleigh, NC 27614
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
vii Vt/.GVVV .?v. vv rnu avv v.a v- isuai iu 1LLV Vl\JJ VfNV
08%0ii2005:- 15:03 HP PUBLIC SERVICES 4 433`7430
N0.569 P02
Environmental Consultants, PA
i, Suite C - Concord, North Carolina 28025 • Phone: [phone] • FAX; 4704) 720.9406
W W W'San4BC,eom
AGSM AUTHORIZATION PORM
All Blanks To Be Filled In ft The Current Landowner
Name: Seaboard Chemical Corporation
Address: c/o J. Brooks Reitzel, Jr. Trustee, PO Box 5544, High Point, NC 27262
vi,,,,.e, 336-885-7900
Ptowt Name/Descrip9ion:
Date: August 3, 2005
71* Department of the Army
U.5. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wdmin? NC 28402
AML- &Jrea Wade
Field Office: Raleigh.--
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
L the current ra amer, hereby designate and authorize Sod & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of pemdt appBcntiorts, to furnish upon request
suppleuuntal information in support of applicatimu, etc. from this day forward. The - day of
IMs : odficz tLan scupersedes any previmis correspmdmce Coaicernililg the agent foz this project,
NOTICE; 't'his authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&sEC
to arrange a site meeting prior to visiting the site.
J. Brooks Re?kl, Jr., Trustee
Seaboard Chemical Corporation tl
f?int Property Ownet'e Name Property' O e s Signature
eel Mts. Cyndi Karoly cc. I &. Wendell Overby
NCDMgR - DWQ Soil & EnvirorwaeMal Consultants, PA.
2321 Crabtree Blvd., Ste 250
Rsleig, NC 27604-2260
O mnabom DIM=
3817-Ehawndlie Drive 11010 Rv6n Ridge Road
Greensbnno, NC 27455 Raleigh, NC 27614
Pllono; [phone] Phone: [phone]M
Fuz: '. [phone] ',, Fax: [phone]
Riverdale Landfill
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PROGRAM
June 4, 2009
City of High Point
211 S. Hamilton St.
High Point, NC 27260
Project: Riverdale Landfill
Expiration of Acceptance: March 4, 2010
County: Guilford
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved You inu also'comply'with all`bthe;:state federal or loyal
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030003 0 0 291 0.3 0 0 17,531 14,480
Credits Cape Fear 03030003 0 0 582 0.6 0 0 52,593 21,720
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
r
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Andy Williams, USACE-Raleigh
Sue Homewood, NCDWQ-Winston-Salem
Wendell Overby, agent
File
Rmtorl?... DO"_ Pro" Our Stag
Aff"AwA
AMMR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
??„s?$rATE Q,
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Beverly Eaves Perdue, Governor
Linda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
June 11, 2009
Wendell Overby
Soil & Environmental Consultants, PA
248 LePhillin Court
Concord, NC 28025
Re: Riverdale Landfill, High Point, Guilford County, ER 09-1241
Dear Mr. Overby:
Thank you for your letter of May 27, 2009, concerning the above project.
Office of Archives and History
Division of Historical Resources
David Brook, Director
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
eter Sandbeck
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4017 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599
Ad A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 23, 2009
Bob Zarzecki
Environmental East Division Manager
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Subject: Riverdale Landfill, High Point, Guilford County
UTs to Deep River [Cape Fear River Basin, 17-(3.7), WS-TV; CA]
On-Site Determination for Applicability to the Randleman Buffer Rules (15A NCAC 213 .101) On-Site
Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0506(h)
Dear Mr. Zarzecki:
Dee Freeman
Secretary
On March 10, 2009, at your request and in your attendance, Amy Euliss and Amy Chapman, NC Division
of Water Quality (NCDWQ) staff, conducted an on-site determination to review drainage features located
at Riverdale Landfill for applicability to the Randleman Lake buffer Rules and for applicability to the
mitigation rules (I SA NCAC 21-1.0506(h)). The drainage features are approximated on the attached maps
A and B, initialed and dated March 10, 2009.
Feature Stream Name Site Stream'Type Mitigatio Buffer Rules
TD __ visited n Applicable
NIS U I' to Deep Inver (Northern Yes _
Intermittent 1:1 Randleman
_ Intermittent Stream) to Perennial*

PSS
UT to Deep (Pump Station
Yes
Intermittent
1:1 __
Randleman
Stream)
Ht point s iz on Map B, N1.S changes from intermittent to perennial.
Please note that there were no other stream features evaluated at the site.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not
approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts
to wetlands, streams and buffers must comply with the Randleman Buffer Rules, 404/401 regulations,
water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local
regulations. Please be aware that even if no direct impacts are proposed to the protected buffers, sheet
flow of all new stormwater runoff as per 15A NCAC 213.0250 is required.
The owner (or future owners) or permittee should notify NCDWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property and/or project. This on-site
determination shall expire five (5) years from the date of this letter.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:/lh2o.enr.stale.nc.us1ncwellandsl
One
NorthCarolina
)Vahlrallry
All Equal Oppodun'rfy t Affirmative Action Employer
Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local
Authority that a surface water exists and that it is subject to the mitigation rules may request a
determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Brian Wrenn, NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh,
NC 27699-1650. Individuals that dispute a determination by NCDWQ or Delegated Local Authority that
"exempts" a surface water from the mitigation rules may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
statutory appeal time does not start until the affected party (including downstream and adjacent
landowners) is notified of this decision. NCDWQ recommends that the applicant conduct this
notification in order to be certain that third party appeals are made in a timely manner. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes
to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call Amy Euliss at 336-771-
4959 or at [e-mail].
Sincerely,
Amy Euliss
Attachments: Map A and Map B
cc: Andy Williams, US Army Corps of Engineers - Raleigh Regulatory Field Office
Chris Thompson, City of High Point; 211 South Hamilton Street, High Point, NC 27261
Amy Chapman, NCDWQ Wetlands 401. Unit
File Copy

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0
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
In re: Former Seaboard Chemical
Corporation Facility and
Riverdale Drive Landfill
Jamestown, North Carolina
REMEDIAL ACTION
SETTLEMENT AGREEMENT
This Remedial Action Settlement Agreement ("Agreement") is entered into by the
Division of Waste Management of the North Carolina Department of Environment and Natural
Resources ("Division") and the City of High Point, Seaboard Group II and the Work Parties.
The City of High Point, Seaboard Group II and the Work Parties are referred to herein
collectively as "Settling Remediators." The Division and the Settling Remediators are referred to
herein collectively as the "Parties."
1. BACKGROUND
A. This matter arose out of the Division's issuance of a Written Declaration Pursuant to
North Carolina General Statute § 130A-310.3(a) and Order to Develop and Implement a
Remedial Action Program Pursuant to North Carolina General Statute § 130A-310.3(c),
Docket No. 08-SF-249, for the former Seaboard Chemical Corporation Facility and
Riverdale Drive Landfill Site ("Declaration and Order"). The Declaration and Order is
attached to this Agreement as Appendix A and is incorporated into this Agreement. The
Parties agree that all references to the "Responsible Parties" in the Declaration and Order
and in the Statement of Work attached thereto shall be deemed to refer to the Settling
Remediators as defined in this Agreement.
B. The Parties enter into this Agreement to provide for the implementation of an effective
remedial action program at the Site (as defined below), to resolve the Settling
Remediators' liability to the Division for the work described in the Statement of Work
attached to the Declaration and Order and the "Work to Be Performed" Section of this
Agreement and to resolve the Settling Remediators' liability to the Division for past
response costs incurred by the Division with respect to the Site.
C. This Agreement is entered into without any trial of fact or law in a contested case
hearing, and without any admission of liability. The Parties agree that the actions
undertaken in accordance with this Agreement do not constitute and shall not be
considered an admission of liability by the Settling Remediators for any purpose.
Settling Remediators do not admit, and retain the right to controvert in any subsequent
proceedings, other than proceedings to implement or enforce this Agreement, the validity
of findings of fact and declarations contained in the Declaration and Order.
II. JURISDICTION
A. This Agreement is entered into under authority vested in the Secretary of the Department
by North Carolina's Inactive Hazardous Sites Response Act of 1987 (the "Act"), which
constitutes Part 3, Article 9 of Chapter 130A of the North Carolina General Statutes.
N.C. GEN. STAT. § 130A-310 el seq. This authority has been delegated to the Director
of the Division.
B. Settling Remediators consent to and will not contest the jurisdiction or authority of the
Division to issue the Declaration and Order and to enter into this Agreement, and will not
contest the jurisdiction or authority of the Division to seek implementation or
enforcement of their terms.
C. This Agreement constitutes an Administrative Settlement with the State of North
Carolina pursuant to Section 113(f)(3)(B) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 USC §
9613(f)(3)(13).
III. DEFINITIONS
Unless a term is otherwise expressly defined in the Declaration and Order, the following
definitions apply to terms appearing in this Agreement:
A. "City" shall mean the City of I-Iigh Point, North Carolina, a municipal corporation
organized and existing Under the laws of the State of North Carolina.
B. "De Minimis Settlement Administrative Order on Consent" shall mean the separate De
Minimis Settlement Administrative Order on Consent relating to the Site entered into by
the Division, the City of High Point, Seaboard Group II, the Work Parties and the De
Minimis Settlors for the purpose of resolving the liability of the De Minimis Settlors
under the terms set forth therein.
C. "Former Seaboard Chemical Corporation Facility" or "SCC Facility" shall mean the
property formerly owned and operated by Seaboard Chemical Corporation at 5899
Riverdale Drive, Jamestown, Guilford County, North Carolina, EPA Identification No.
NCD-071-574-164, located adjacent to the former Riverdale Drive "Landfill." The SCC
Facility is a portion of the "Site" as defined herein.
D. "Landfill" shall mean the City of High Point's Riverdale Drive Landfill, Jamestown,
Guilford County, North Carolina, located adjacent to the SCC Facility. The Landfill is a
portion of tine "Site" as defined herein.
2
E. "Person" shall have the meaning provided in CERCLA § 101(21), 42 U.S.C. § 9601(21),
and N.C. GEN. STAT. § 130A-290(a)(22).
F. "Remedial Recommendation Document" shall mean the document titled "Seaboard
Chemical Corporation Facility and City of High Point Riverdale Drive Landfill Remedial
Recommendation Document," which was prepared by Seaboard Group II and City of
High Point, and described and noticed for a public meeting and public comment period in
the June 1, 2005, North Carolina Register. The Division conditionally approved the
Remedial Recommendation Document on September 27, 2005. The Remedial
Recommendation Document is subject to review and comment as provided in Section XI
of this Agreement.
0. "Seaboard Group 11" or "Group" shall mean the unincorporated association of parties
formed to conduct certain fturther response actions at the former Seaboard Chemical
Corporation Facility pursuant to the Group Agreement.
H. "Site" shall mean and include the former Seaboard Chemical Corporation Facility, the
Landfill, the former City Materials Recovery Facility and any property that has been or
may be acquired for purposes of performing a remedial action program at the Site. Tile
Site also includes the groundwater contamination originating from these source areas.
The Site is depicted generally on the sketch attached as Appendix B. An aerial
photograph with an overlay of property boundaries is attached as Appendix C.
1. "Statement of Work" or "SOW" shall mean the statement of work attached to the
Declaration and Order as Exhibit A, and any modifications to the SOW made in
accordance with this Agreement.
"Work" shall mean all activities the Settling Remediators are required to perform under
this Agreement, except those required by paragraph XIII(F) (Retention of Records).
K. "Work Party" shall mean a person who is alleged to be a covered person and/or
responsible party at the SCC Facility under Section 107 of CERCLA, 42 U.S.C. § 9607,
and/or N.C. Gen. Stat. 130A-310.7, who has chosen to address its potential liability with
respect to the Site under this Agreement and who executes and agrees to be bound by this
Agreement and the separate De Minimis Settlement Administrative Order on Consent for
the Site. After the Effective Date of this Agreement, a party desiring to become a Work
Party under the terms of this Agreement may become a Settling Remediator only with the
consent of the Division, the Group and the City. As a condition of such consent, the
Group and the City may, in their sole discretion, require payment by such party of a late
payment fee, in addition to any amount otherwise payable by a Work Party settling under
this Agreement. The Work Parties are identified and listed in Appendix D to this
Agreement.
IV. WORK TO BE PERFORMED
A. The Settling Remediators shall design, implement, operate and maintain an approved
remedial action program ("Approved Remedy") for the Site and comply with the
Declaration and Order (except as modified by this Agreement), the SOW, and this
Agreement. The Approved Remedy shall be designed implemented, operated and
maintained in accordance with the Remedial Recommendation Document, the most
current Inactive Hazardous Sites Program Guidelines for Assessment and Cleanup
("Guidelines"), and N.C.G.S.§130A-310.3(4).
B. The objectives of the remedial action program for the Site shall be the objectives set out
in the "Remedial Objectives" section of the Remedial Recommendation Document.
C. All activities undertaken by the Settling Remediators pursuant to this Agreement shall be
performed in accordance with the requirements of all applicable federal and State laws
and regulations, and all applicable ordinances of the City of High Point and Guilford
County.
D. The Settling Remediators shall perform the Work in accordance with all manuals and
plans, standards, specifications and schedules set forth herein or developed by the
Settling Remediators and approved by the Division pursuant to this Agreement.
E. The Settling Remediators are responsible for ensuring that all activities performed
pursuant to this Agreement are consistent with the National Contingency Plan (NCP), 40
CFR Part 300.
F. The Remediators shall apply for and obtain all permits necessary and required by
applicable law to perform the Work and actions required by this Agreement, unless the
Secretary grants a waiver pursuant to N.C.G.S. § 130A-310,3(e). This Agreement is not,
and shall not be construed to be, a permit issued pursuant to any federal or State statute or
regulation.
G. The obligation of the Settling Remediators to perform the Work is joint and several, and
the insolvency or other failure of any one or more the Settling Remediators to perform
the Work shall not relieve the remaining Settling Remediators from their obligation to
perform the Work. The presence of Seaboard Group II as a Settling Remediator and
signatory to this Agreement shall in no way alter or limit the responsibility of the other
Settling Remediators to perform the Work and comply with this Agreement.
H. The Settling Remediators shall provide a copy of this Agreement to each person
representing any Settling Remediator with respect to the Site or the Work required by this
Agreement and shall condition all contracts entered into hereunder upon performance of
the Work in conformity with the terms of this Agreement. The Settling Remediators
shall nonetheless be responsible for ensuring that their contractors and subcontractors
perform the Work contemplated herein in accordance with this Agreement.
4
Any prior Administrative Orders on Consent pertaining to the Site entered into by a
Settling Remediator shall be deemed to be satisfied by performance under this
Agreement, and as of the effective date of this Agreement, shall be of no further force
and effect as to such Settling Remediator.
J. This Agreement, its appendices and the Remedial Recommendation Document, which
are incorporated into this Agreement by reference, if approved by the Division, shall
constitute a remedial action plan (ItAP) approved by the Secretary of the Department for
purposes of the Act.
K. The Approved Remedy is conditioned upon the recordation, compliance with and
enforcement of the land use restrictions described in the SOW. The failure of the
Settling Remediators to record, comply with and enforce each land use restriction
described in the SOW shall constitute a failure to meet the objectives of the remedial
action program.
L. In addition to the work to be performed by the City as a signatory to this Agreement and
a participant in the implementation of the Approved Remedy, the City is required to
comply with all applicable statutes and rules and the post-closure requirements
concerning the Landfill as set out in statute and rule and any Landfill Closure Letter,
which has been or may be issued by the Division's Solid Waste Section, except to the
extent modified by this Agreement. Notwithstanding this Agreement, the failure to
comply with such requirements may subject the City to enforcement action by the
Division.
M. "The Settling Remediators acluiowledge and agree that they are not entitled to the liability
protection provided in N.C. GEN. STAT. § 130A-310.9 for responsible parties who
voluntarily participate in the implementation of a remedial action program under N.C.
GEN. STAT. § 130A-310.3.
V. SAMPLING, ACCESS AND DATA/DOCUMENT AVAILABILITY
A. The Division or its representatives shall be permitted to take split or duplicate samples of
any samples collected pursuant to this Agreement. The Settling Remediators shall notify
the Division not less than ten (10) clays in advance of any sampling activity. The Settling
Remediators may provide notice to the Division through Settling Remediators' remedial
action contractor(s). This notification may be given verbally in the field by the remedial
action contractor(s) to the Division.
B. The Settling Remediators shall be permitted to take split or duplicate samples of any
samples collected by the Division, and the Division shall give the Settling Remediators
prior reasonable notice of such sampling.
C. While this Agreement is in effect, Division personnel and their representatives may, in
addition to exercising any related legal rights, enter the Site without notice at all times
5
and, while present: review the progress of activities required by this Agreement; conduct
such tests as the Division deems necessary; verify the data submitted to the Division by
the Settling Remediators; inspect and copy any and all non-privileged records, files,
photographs, operating and maintenance logs, contracts, sampling, analytical and
monitoring data, and other documents relating in any way to this Agreement; and
otherwise assess the Settling Remediators' compliance with this Agreement. All parties
with access to the Site pursuant to this paragraph shall comply with all applicable
provisions of approved health and safety plans.
D. Unless a claim of confidentiality pertaining to any documents or other information
provided to the Division under this Agreement is made pursuant to applicable law and
adequately substantiated when the information is submitted, such information may be
made available to the public by the Division without further notice to the Settling
Remediators. The Settling Remediators agree that tinder no circumstances shall
analytical and monitoring data generated pursuant to this Agreement be considered
confidential.
E. If the Settling Remediators are unable by reasonable efforts to access property as
necessary to perform the Work pursuant to this Agreement, the Division shall promptly
assist Settling Remediators in obtaining access upon receipt of a request submitted in
writing to the Director.
VI. DELAY IN PERFORMANCE
As soon as the Settling Remediators are aware of any potential for delay, they shall submit to the
Division written documentation of the reasons for the delay and the efforts made by the Settling
Remediators to avoid such potential delay, as well as a time by which such work can be
completed. The Division shall review the documentation and shall promptly approve the new
schedule if good cause is shown. Good cause may include, but is not limited to, extraordinary
weather, natural disasters, national emergencies and the unforeseeable inability to obtain permits
or approvals from any federal, state, or local agency or body politic. At a minimum, good cause
does not include normal inclement weather, increases in the cost of work to be performed under
this Agreement, financial difficulty for the Settling Remediators in performing such work, failure
by the Settling Remediators to satisfy the obligations tinder this Agreement (whether evidenced
by a notice of deficiency or not), acts or omissions of the Settling Remediators' contractors or
the failure of the Settling Remediators' contractors or representatives to make complete and
timely application for any required approval or permit. The Settling Remediators will bear the
burden of demonstrating good cause for delay, and that the delay proposed is warranted.
VII. FAILURE TO PERFORM WORK
In the event the Division determines any Settling Remediator is in violation of or has failed to
comply with Section IV. (Work to Be Performed) of this Agreement, the Division may take one
or more of the following actions: (1) order one or more of the Settling Remediators to remedy
the violation(s); (2) temporarily or permanently halt implementation of the Work; (3) file an
6
action for injunctive relief pursuant to N.C. Gen. Stat. § 130A-18 against one or more of the
Settling Remediators in the Superior Court of Guilford County to enforce the Declaration and
Order and the statutes and rules cited therein; (4) assess an administrative penalty pursuant to
N.C. Gen. Stat. § 130A-22 against one or more of the Settling Remediators; (5) conduct part or
all of the remediation itself and seek cost recovery against one or more of the Settling
Remediators; and (6) take any other action it deems appropriate within its authority regarding
inactive hazardous substance or waste disposal sites or orders issued pursuant to Article 9 of
Chapter 130A of the General Statutes. For purposes of any enforcement action taken to enforce
the Declaration and Order, the "Approved Remedy," as that term is used in the Declaration and
Order, shall mean the remedial action program developed for the Site and approved by the
Division pursuant to this Agreement. The Settling Remediators agree not to contest the
jurisdiction or authority of the Division to issue the Declaration and Order or to enter into this
Agreement and to seek implementation or enforcement of their terms. Otherwise, the Settling
Remediators reserve and retain all their defenses to the exercise of these enforcement authorities
by the Division.
VIII. PAYMENT OF PAST COSTS
A. As of the effective date of this Agreement, the actions taken by the Division with respect
to the Site have included financing an emergency removal action of hazardous substances
from the SCC Facility, conducting groundwater monitoring investigations, and
overseeing and enforcing subsequent removal and remedial actions taken by the Settling
Remediators.
B. The costs incurred by the Division to finance, undertake, oversee and enforce the
response actions taken at the Site are "Response Costs" within the meaning of Section
107(x) of CERCLA, 42 U.S.C. § 9607(a).
C. Within ninety (90) days of the Effective Date of this Agreement, the Settling Remediators
shall pay to the Division $55,000.00 in payment of past Response Costs incurred by the
Division at the Site. Payment shall be made in accordance with instructions provided to
the Settling Remediators by the Division.
D. Payments made pursuant to this Section shall satisfy each Settling Remediator's liability
to the State for past Response Costs incurred by the Division at the Site under Section
107(a) of CERCLA, 42 U.S.C. § 9607(a), and the Division agrees not to sue or take other
administrative action under CERCLA against any Settling Remediator and its directors,
officers, employees, successors or assigns with regard to any claim or liability for past
Response Costs. Pursuant to Section 114(a) of CERCLA, 42 U.S.C. § 9614(a), the
Division agrees to not sue or take other administrative action against any Settling
Remediator and its directors, officers, employees, successors or assigns with regard to
any claim of liability for past Response Costs incurred by the Division under any other
State or federal law, including the Inactive Sites Act,
7
IX. OTHER CLAIMS AND PARTIES
Nothing in this Agreement shall constitute or be construed as a release of any claim, cause of
action or demand in law or equity against any Person, individual, firm, partnership, corporation
or other entity not a signatory to this Agreement including, but not limited to, any liability it may
have arising out of or relating in any way to the generation, storage, treatment, handling,
transportation, release or disposal of any hazardous constituents, hazardous substances,
hazardous wastes, pollutants, or contaminants found at, taken to, released at, or taken from the
Site. This Agreement does not discharge or preclude claims by a Settling Remediator against
any other Settling Remediator that fails to pay its share of the costs of performing the Work
under this Agreement.
X. CONTRIBUTION PROTECTION
A. The Parties agree that by execution of this Agreement, each Settling Remediator and its
directors, officers, employees, indemnitors, successors and assigns shall be entitled, as of
the Effective Date of this Agreement, to protection from contribution actions or claims to
the full extent provided by CERCLA § 113(f)(2), 42 U.S.C. § 9613(0(2), or any other
applicable Federal or State statute, common law or other authority, for Matters Addressed
in this Agreement, and is further entitled to seek contribution to the frill extent provided
by CERCLA § 113(f)(1) and (f)(3)(B), 42 U.S.C. §9613(f)(1) and (f)(3)(B) and all other
applicable Federal and State statutory authorities, from any other person who is liable or
potentially liable for the Matters Addressed in this Agreement, and who is not a party to
this Agreement or to the De Minimis or De Micromis Administrative Settlements for the
Site.
B. For purposes of Paragraph A above, "Matters Addressed in this Agreement" shall mean :
(1) all investigation, removal, response, monitoring and remedial actions taken prior to,
on or after the Effective Date of this Agreement by any person, including without
limitation, the City, the State, the United States, Seaboard Group I, Seaboard Group 11
and by private parties, including without limitation, all actions taken pursuant to this
Agreement and the Work identified herein, and all investigation, removal, response,
monitoring, oversight and remedial action costs incurred and to be incurred by any
person, including without limitation, the City, the State, the United States, Seaboard
Group I, Seaboard Group lI and by private parties at or in connection with the Site; and
(2) any claims or demands for injury or damages to person or property solely arising out
of or relating to performance of response, oversight and remedial actions at the Site and
(3) all Response Costs.
C. Notwithstanding the preceding, "Matters Addressed in this Agreement" shall not include
claims of liability for failure to meet a requirement of this Agreement; criminal claims;
claims of liability for damages or injury to, destruction of or loss of natural resources, and
for the costs of any Natural Resource Damage assessments; claims by persons not a party
hereto for personal injury, property damage or other economic loss, where such claims do
not arise solely out of or relate solely to performance of response and remedial actions at
the Site; or claims arising from any future arrangement for disposal or treatment of
additional hazardous substances at the Site after the effective date of this Agreement.
XI. PUBLIC PARTICIPATION
Prior to execution of this Agreement by the Division, the Division submitted this Agreement, its
appendices and the Remedial Recommendation Document (which together constitute the
proposed remedial action program for the Site) for public comment in compliance with Part 3 of
Article 9 of Chapter 130A of the North Carolina General Statutes, and submitted for publication
in the North Carolina Register notice of opportunity for public comment and a public hearing.
This Agreement and proposed remedial action program shall not become effective until at least
60 days after publication of the notice in the North Carolina Register. In cooperation with the
Division, the Settling Remediators have ensured that public notice and the opportunity for public
comment were provided, and in the future shall be provided, in a manner consistent with the
National Contingency Plan. The Settling Remediators shall cooperate with the Division in
providing information regarding the work to the public as requested by the Division. The
Settling Remediators shall participate in the preparation of such information for dissemination to
the public and shall participate in public meetings which may be held or sponsored by the
Division to explain activities at or relating to the Site. If the Division determines that this
Agreement or the proposed remedial action program should be modified in view of public
comments, the Division shall cause notice of a modified Agreement or modified remedial action
program to be published in the North Carolina Register and thereby solicit further public
comment. The modified Agreement or modified remedial action program shall not become
effective until at least 60 days after such publication. The Division reserves the right to
withdraw or withhold its approval of the Agreement or remedial action program for the Site, or
any modified Agreement or modified remedial action program for the Site, if comments received
disclose facts or considerations that indicate that the Agreement or remedial action program for
the Site, or any modified Agreement: or modified remedial action program, is inappropriate,
improper or inadequate.
XII. APPENDICES
The following appendices are attached to and incorporated into this Agreement;
"Appendix A" is the Declaration and Order.
"Appendix B" is a sketch of the Site.
"Appendix C" is an aerial photograph of the Site with an overlay of property boundaries.
"Appendix D" is the list of Work Parties who are signatories to this Agreement.
XIII. ADDITIONAL PROVISIONS
A. All documents submitted to the Division pursuant to this Agreement shall be sent by
certified mail, return receipt requested, by overnight delivery or other equivalent service,
or hand delivered to:
Dexter Matthews, Director
Division of Waste Management
NC Department of Environment and Natural Resources
1646 Mail Service Center
Raleigh, NC 27699-1646
The Division will direct all correspondence to:
Amos C. Dawson 111, Esq.
Group Counsel, The Seaboard Group It
Williams Mullen
P. 0. Drawer 19764
Raleigh, NC 27619-9764
with a copy to:
Frank Brown
Chairman, Executive Committee
The Seaboard Group II
Rexam, Inc.
4201 Congress Street, Suite 340
Charlotte, NC 28209
and:
Randy C. Smith
Administrator, The Seaboard Group II
American Environmental Consultants
30 Purgatory Road
Mont Vernon, NH 03057-0310
and to:
Honorable Rebecca Smothers, Mayor
City of High Point
211 South Hamilton Street
Post Office Box 230
High Point, NC 27261
with a copy to:
Stephen W. Earp, Esq.
10
Smith Moore LLP
P. O. Box 21927
Greensboro, NC 27420
B. This Agreement shall be binding upon, and inure to the benefit of, the Division, the City
and each other Settling Remediator who is a signatory to this Agreement, their respective
agents, affiliates, successors and assigns. An assignment or other contractual
arrangement between a Settling Remediator and a third party or a change in ownership or
corporate status of a Settling Remediator, including but not limited to any transfer of
assets or real property, shall not alter or transfer the Settling Remediator's
responsibilities under this Agreement. The disbanding or reorganization of Seaboard
Group Il shall in no way alter or limit the responsibilities of the other Settling
Remediators under this Agreement.
C. The Parties agree that if the Work is conducted by the Settling Remediators in
accordance with the requirements of this Agreement, and the Approved Remedy achieves
the objectives of the remedial action program, the remedial action will be protective of
the public health, welfare and the environment. The Settling Remediators are responsible
for ensuring that the Work under this Agreement is conducted by the Settling
Rernediators in a manner consistent with the NCP.
D. This Agreement resolves the Settling Reinediators' liability to the Division for the work
described in the Statement of Work attached to the Declaration and Order and the "Work
to Be Performed" Section of this Agreement and for the past Response Costs incurred by
the Division at the Site. The Division reserves, and this Agreement is without prejudice
to, all the Division's rights against Settling Remediators with respect to all matters not
expressly resolved in this Agreement. Such reservation of rights includes, but is not
limited to: (1) claims for fi?ture response costs at the Site; (2) liability for the failure to
comply with this Agreement; (3) the Division's right to require additional response
actions at the Site, beyond those actions described in the Statement of Work attached to
the Declaration and Order and the "Work to Be Performed" Section of this Agreement, if
the Division determines that the Approved Remedy is not sufficient to meet the
objectives of the remedial action program for the Site, or if the Division determines that
additional response actions are necessary to protect public health and the environment;
(4) liability arising from any future arrangement for disposal or treatment of a hazardous
substance, pollutant or contaminant at the Site after the effective date of this Agreement;
(5) liability under Section 107 of CERCLA, 42 U.S.C. § 9607 for injury to, destruction
of, or loss of natural resources resulting from a release at the Site; (6) criminal liability;
and (7) all the Division's authority regarding inactive hazardous substance or waste
disposal sites in relation to the Site and the right to take all actions necessary to fulfill its
statutory mandates to protect human health and the environment. The Settling
Remediators reserve and retain all defenses to the Division's claims, the assertion of any
such reserved rights and the exercise of such authorities by the Division against Settling
Remediators.
E. It-respective of whether any Settling Remediator is in violation of this Agreement, the
Division may order a temporary or permanent halt to implementation of this Agreement
if necessary to protect public health or the environment at or in the vicinity of the Site.
F. Each Settling Remediator shall preserve, for at least six (6) years after the effective date
of this Agreement, all records and documents in its possession or in the possession of its
divisions, employees, agents, accountants, contractors or attorneys which relate in any
way to the Site. A Settling Remediator may fulfill this obligation by sending copies of
such documents to the Administrator of Seaboard Group II for preservation. After this
six (6)-year period, the Settling Remediators shall notify the Division at least thirty (30)
days prior to the destruction of any such records and documents. The Settling
Remediators shall comply with any written request by the Division, received prior to the
clay set for destruction, to continue to preserve such records and documents for no longer
than oil,, ,dd%;on A tt-o (2) year period or to provide them to the Dig.-si•?n. The Settling
Remediators may assert any available right to keep particular records and. documents,
other than analytical data, confidential.
G. The obligations of the Settling Remediators to perform the Work required pursuant to
this Agreement shall terminate when the Settling Remediators receive written notice
from the Division that all Work required pursuant to this Agreement has been completed
to the Division's satisfaction.
H. Each undersigned representative of a Settling Remediator entering this Agreement
certifies that he or she is frilly authorized to enter into the terms and conditions of this
Agreement and to execute and legally bind such a party to this Agreement.
I. Each Settling Remediator agrees to indemnify and save and hold harmless the State artd
its agencies, departments, officials, agents, employees, contractors and representatives,
from any and all claims or causes of action arising from or on account of acts or
omissions of that Settling Remediator or its officers, employees, receivers, trustees,
agents, or assigns in carrying out actions required pursuant -to this Agreement. For
clarity, a Settling Remediator is not obligated to indemnify and save and hold harmless
concerning claims or causes of action arising from the acts of other Settling Remediators
or their officers, employees, receivers, trustees, agents, or assigns. Except for this
Agreement, neither the State nor any agency or representative thereof shall be held to be
a party to any contract involving the Settling Remediators relating to the Site.
J. Each Settling Remediator waives any requirement for service of the Declaration and
Order, Docket # 08-SF-249, as set forth in N.C.G.S. § 130A-310.3, or any other
applicable statute or rule. Each Settling Remediator and the Division shall identify, on
its signature page to this Agreement, the name, e-mail address, mailing address and
telephone number of an agent who is authorized to accept service of any future notice or
any process by United States mail, First Class postage prepaid on behalf of that
Remediator or the Division with respect to all matters arising under or related to this
Agreement (the "Contact Address"). The Settling Remediators and the Division hereby
agree to accept service in that manner and to waive any other requirement for service,
12
including the formal service requirements as set forth in Rule 4 of the Rules of Civil
Procedure and any applicable local rules of Court, including, but not limited to, service
of a stumnons. In the event any party wishes to change its Contact Address for purpose
of receiving notices and service of process under this Agreement, it sliall serve a Notice
of Change of Contact Adds•ess upon the all the other Parties to this Agreement. By
execution of this Agreement, each Settling Remediator hereby waives any requirements
for further service of process under this Agreement by any means other than as provided
in this paragraph.
K. This Agreement may not be modified without the written consent of the Parties.
L. This Agreement constitutes the entire agreement among the Parties with respect to the
matters addressed herein. This Agreement may be signed in counterpart originals.
M. The "Effective Date" of this Agreement shall be the date on which it is signed by Dexter
R. Matthews, Director of the Division.
13
DIVISION OF WASTE MANAGEMENT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
By:
Dexter R. Matthews
Date of Signature: /0 /
Title: Director
"Contact Address" for further service pursuant to Section X111(J) of this Settlement
Agreement. NOTE: This address and contact person will receive all further service under
this Settlement Agreement.
Name: Dexter R. Matthews
Title: Director, Division of Waste Management
Address: 1646 Mail Service Center, Raleigh, NC 27699-1646
Email Address:
Phone Number: [phone]
14
CITY OF HIGH POINT .d
By:
Date of Signature
Name (Print):
Title: C /?'Y 1?JK!/yiSz 6-?/P
"Contact Address" for further service pursuant to Section XIII (J) of this
Settlement Agreement. NOTE: This address and contact person will receive all further
service under this Settlement Agreement.
Name: j4WeP e.
Title:
Address:
GH N G 2 1 2 !a ?
)email Address:
Phone Number:
15
SEABOARD GROUP II
By:
C
Signature
Title: Chairman, Seaboard Group II Executive Committee
As Authorized by Vote of the Members of the Seaboard Group 11
Date of Signature: l j .ee r- / _q w O's
Name (Print): Fc:/- a ke ",, 6rol.j n-
"Contact Address" for further service pursuant to Section MIT (J) of this
Settlement Agreement. NOTE: This address and contact person will receive all further
service under this Settlement Agreement.
Name:
Title:
Address:
Email Address:
Phone Number:
Remedial Action Scttlemcnt Agreement
16
Book 7072 Page 2864
MIIIIIIII?IIIIIIIII
2009067974
GUILFORD CO, NC FEE 540.00
STATE OF NC REAL ESTATE EXTX
$40.00
PMS@R® a 7WCOROED:
11-04-200911:18:33 AM
JEFF L. THIGPEN
WGSIM DEEDS
BY: W STEVEN PARRISH
DEPV Y-fW
BK: R 7072
PG: 2864-2871
NORTH CAROLINA GRANT OF EASEMENT
Q GUILFORD COUNTY ? 10 r c on
Drawn By: JoAnne L. Carlyle, City Attorney
Return To: City Attorney: P.O. Box 230, High Point, NC 27261
SQ syo•vp
THIS G T OF EASEMENT, made this ?s day of 01--k , 2009, by
ANTHONY CASH, SR. and wife, DENISE L. CASH, a resident of Guilford County,
North Carolina ("Cash', to the CITY OF HIGH POINT, a municipal corporation of
Guilford County, North Carolina (the "City").
WITNESSETH:
A. Cash is the owner of a certain tract or parcel of real property located in the
County of Guilford, State of North Carolina, and more particularly described in Exhibit A
attached hereto and incorporated herein by reference (the "Cash Parcel").
B. The City is the owner of a certain tract or paroel of real property located in
the County of Guilford, State of North Carolina, and more particularly described as lot
#1, of Plat titled "City of High Point Riverdale Landfill" and recorded.in Plat Book 169 at
Page 64 of the Guilford County Registry.
C. The Cash Parcel and the City Parcel are adjoining tracts of land.
D. The headwaters of an intermittent stream are located on the Cash Parcel
(the "Stream'.
E. Cash and the City desire to enter into this Grant of Easement for the
purpose of granting and conveying to the City a perpetual easement over, under and
upon a portion of the Cash Parcel for the purpose of altering the topography so that the
surface waters of the Stream will be diverted to flow and drain into an unnamed tributary
of the Deep River located on the northern edge of the City Parcel.
Book 7072 Page 2865
F. The City agrees to pay Mr. and Mrs. Cash the sum of $„ 04, d O ° , o °
for this easement and the Cash's agree to
request annexation of the area described in Exhibit 6 into the City of High Point. This
agreement to be recorded and become effective upon the approval of said annexation
by the City Council. The consideration herein recited to likewise be paid at that time.
NOW THEREFORE, in consideration of the mutual agreements set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereby agree as follows:
1. Grant of Easement: Cash does hereby establish, give, grant and convey
to the City, its respective successors, and assigns, an exclusive, perpetual easement
appurtenant to the City Parcel over the portion of the Cash Parcel described on Exhibit
B attached hereto and incorporated herein by reference (the "Easement Area") for the
purpose of creating and constructing within the Easement Area a berm and open ditch
(and other comparable topographical adjustments) as may be necessary in the City's
judgment to divert the surface waters of the Stream so that such waters flow into the
unnamed tributary of the Deep River (the "Easement7. The Easement shall include the
following:
(i) The right to maintain, repair, replace and reconstr ict any berm, ditch or
other facility within the Easement Area.
2. Re-Seedino and Maintenance: Upon completion of construction of the
berm, ditch and related structures, the City shall re-seed all disturbed areas. The City
shall at all times be responsible for maintaining the Easement Area and any berm, ditch
or other facility erected by the City within the Easement Area in a safe and clean
condition and in compliance with all applicable governmental requirements.
3. Interference with Easement Area Prohibited: Cash shall not: (i) take any
action or cause any action to be taken within the Easement Area that would disrupt or
disturb the Stream; or (ii) make any use of the Easement Area that would interfere with
any berm, ditch constructed therein by the City or that would affect the diversion of the
surface waters of the Stream.
4. No Riahts in Public: No Implied Easements: Nothing contained herein
shall be constructed as creating any rights in the general public or as dedicating for
public use any portion of the Easement Area. No easements except those expressly set
forth in paragraph 1 shall be implied by this grant of Easement.
5. Title: Cash covenants that he is seized of the Cash Parcel in fee, and has
the full right and authority to convey the easement described herein subject to rights of
way and easement of record.
Book 7072 Page 2866
fi. Miscellaneous: The recitals set forth above are true and correct and are
made a part of the agreement set forth herein. The section headings used in this Grant
of Easement are for convenience only and shall not affect the interpretation of any of
the provisions hereof. Exhibit s A & B are attached hereto and incorporated into this
Grant of Easement. This Grant of Easement constitutes the entire agreement of the
parties regarding its subject matter, and there are no oral agreements not evidenced by
this writing. This Grant of Easement and the easements conveyed herein shall be
binding upon the parties and their respective successors and assigns and shall be an
appurtenance to the City Parcel and shall run with the land. This Grant of Easement
may be executed in duplicate counterparts, each of which shall be deemed an original,
and all such counterparts together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first above appearing.
CITY OF IGH POINT, a municipal corporation
By:
Title: 24±,
De ise L. Cash
Book 7072 Page 2867
Guilford County, North Carolina
I; certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Anthony Cash, Sr. and wife,
Denise L. Cash.
6/aslo s
( , III I T? 'ar , Notary Public
NOTARY PUBLIC
6 l I ??
GUILFORD COUNA NC My commission expires:
Guilford County, North Carolina
I, certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: ).V\
Date: b I XI, 1,0 S
(Official Seal)
Notary Public
HENRY T. MOON, III
NOTARY PUBLIC
GUILFORD COUNTY,* NC
My commission expires: b / a-6 l?
4
Book 7072` Page 2868 BK 5202 p^ 0103
el)
CD
- 447447
O W&MRM Ltz IP M
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04 19%Z002 322i2Se1144
Exhibit "A"
t w?l"m gum aL
itLa
e m m 447447
s?.o1
I liirlE FEE ILL
1C ? QR? 0240.00
>Omia Zms $240.00
R?eer III a 2hft nook sod PW
Tact Lot Na ». _» . _....» ............... .................... __...._.._..» . Pared I Na ............... ..... ....... »..... .,...................................
VWN" by » ». » .._ .. »._.„ _._..__...... .»...._._.. _ Coeab on the ............... day of ......................... ................ .... ...............
by ___ _ _.... »_ _.. ». __...... » ......_»....._................... _ .......................»........»......._..__...................._...._».. » _...... »._.» .........._
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-- - ----------___ y _....._......... ......................_..........---............................._...._..................._.
Thin Llldearatat was prspaead brtr»9w'!'!!WYR..??T?'?C..AT»??i!....__......_ ............................. _. ........................
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8rid daecrlptlea for tie Index
NORTH CA.IROUNA (;ENERAL WARRANTY DEED
TRH D1¦D swia thL ...9_. dq of
....___.._...._.».d?E.41.» ......................... ?oc= . by and between
GsAMie GRA WM
David ltade Duncan and wife, Anthony Cash, Sr. and wife,
Misty C. DUWM Denise L. Cash
5853 Riverdale Drive
amestown. NC 27282
ae11r Is arpgliib Meet aw 41161111x: MXlM% aUMM and, it anaedak d ae111 d soft, *4 eeeplafla K 8miswiim
TM dedsaaOM Granter MA Graebee as and hards atoll laclode said pants, ** Min, eucconore, 8" aeeisn, and
aid! iadede died". P1ard, mucuu % fesdabu or seehr as requbw by eaate:t
WiT1fl?T8, Get the Graatoe. Lot a talubie eassWeratlem paW by the Greatn, the racelpt of which is Denby
scbaewleft4 bee asd by Omm mments am Smut, bardsta, mu and coavw ant* the Gravies ft fee dspi% an that
cartain lot of Dame of land aitssted is tM (k of ..........._....... J!!m'Xi' ................................... .. ............... Township,
..... _....... 99AP ............».... Consb. North Caroibn sad rinse portiestariy dour" ea follows:
Sae Exhibit A ettfdW hereto and miede a part hereof.
M.C. nr AML F 4x86 ?-Ia 1114, a4.r.e arr. IKZA 001 ! ..... ,' :,
Book 7072 Page 2869
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BK 5202 PG 0104
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TO BLTB AND TO HOLD the sineasafd lot or pried ed Laud ad alt pdrf mM sad sppwft m b bdwgft ti
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Asd tb 13 eaa1 eseosuib WJfh to Gsasaek that G:sdor L solved d the runless In in ante, bas the M* to amrles
the same in he WWIPK that title le siatleatahls and flraa nd doss of alt osa i ' I - m and that do - "s Wm Waetsat sal
defoad dbe We spbmst the b ndd ddpa of as pwaoas ubmsosoee swept ter the aweeptfess h«.fssh- at&%&
Tale to do pelpaegr beedaabae dasedbed Is nbJed to the toilmlas. exeepWw:
gaseelmits and llestrieticne of record.
2001 ad valoren taxes.
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si.•e are . of aK d no all"mi1M. a7• swap" 4arwss nos ape Is as > M as ««....«.....
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Bopk 7072 Page 2870

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EXHIBIT A
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1103. Pga4m mx& o6.09'16'sat46R23 6tat a a at61q paler 6teaasasalktoktp sleep 6te loose
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exb tpbmpWdraeeaadoftw,bd*CkyofM*!mintpWoy'Nsa(flaedHoek2952,T.ps
973)==& W Sr 37" weal 1,191.47 hallo asaw irmph b 6e aoediaa d*ofway Naoef
RivadakDdv%tbe oowbrt =sawswNbda:sar1 d*ofwWNwofRiveaddeD4wt:
nor& 44.62'43• wed (eaftof 1.74S.S1 root. km64or337A hood dial of337.10 Rah ti & new
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weer 71877 fat 4 a sew bnpb b dw nadean dptttef%V Noe of Riveddo Ddve, *=w
omtkftalonea= wbdq{dienwdmri&of*WNosoflk ddoDdnooeth16.43'2S"writ
(radnrt of l,IS6.09 drab 18@0 oft ISM 604 chord of 1ILS! "b din point and pbm of bmimW
lU bw ooatprisa 1692 sores sad eppaas m a owvq br Dwid Wade Duman and 14isgr C.
One=% amvey by Mak Terry A Aasdoka, law. Job 97064. dod 21 Soplanber 1999.
716 papeiry is die wm as dmi Beaty 0 a T?sa 2 is Deed Boot 121. Pape 43S. GoNAmd Cowley
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Bopk 7072 Page 2871
Exhibit "B"
Beginning at an existing iron pipe found marking the
northeast most property corner of Anthony Cash, Sr. & Denise L.
Cash as described in deed book 5202, page 103 of the. Guilford
County Register of Deeds, also being the northwest most corner of
property of The City of High Point shown as Lot #1 on map
entitled "Exclusion Map for The City of High Point Riverdale
Landfill" as recorded in plat book 169, page 64;
Thence with the, east line of Cash and the west line of said Lot
#1, the following two calls, (1) South 2 Degrees, 56 Minutes, 54
Seconds West, 112.72 feet, to. an existing iron pipe, (2) South 2
Degrees, 58 Minutes, 07 Seconds West, 349.05 feet, to a new iron
pin set;
Thence with the following two new lines across the Cash property,
(1) North 63 Degrees, 27 Minutes, 04 Seconds West, 239.72 feet,
to a new iron pin set, (2) North 27 Degrees, 13 Minutes., 08
Seconds West, 427.17 feet, to a new iron pin set in the north
line of Cash and the south line of Bowman as described in deed
book 1172, page 82; :
Thence with, the north line of Cash South 86.Degrees, 35 Minutes,
15 Seconds East, 434.48 feet, to the point and place -of beginning
containing 3:00 acres, more or lass.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200420332 County Guilford Quad HIGH POINT FAST
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: City of High Point
Address: Post Office Box 230 High Point, NC 27261-0230
Telephone No: [phone]
Zone: 44 UTM or LAT/LONG: North: 3978689 East: 401472
Size and Location of project: The project is located on the east side of Riverdale Road, south of its intersection with
Kivett Road, east of High Point, Guilford County, North Carolina
Description of Activity: This permit authorizes excavation and the placement of fill associated with remediation of
volatile organic compounds in waters adjacent to the Deep River in the Cape Fear River Basin. Impacts authorized
by this permit include .025 acre of wetland and 25 linear feet of stream channel.
Applicable Law: _X Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NW38 Nationwide Permit Number
Your work is authorized by this Nationwide Permit (NWT) provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is
checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division
of Water Quality, telephone [phone]. For any activity within the twenty coastal counties, before beginning work
you must contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the NWP. Any violation of the conditions of the NWP
referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army NWP verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: Tannary 12,E
Corps Regulatory Official: Telephone No.: [phone] x31
Andrea R. Wade
Expiration Date of Verification: January 12, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200420332 County: Guilford USGS Quad: High Point East
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. J. Brooks Reitzel
Address: Seaboard Chemical Corporation
PO Box 5544
High Point, NC 27262
Telephone No.: 336-885-7900
Size and location of property (water body, road name/number, town, etc.): The project site is located on the east side
of Riverdale Road, south of Business 85, south east of High Point, in Guilford County, NC.
Description of projects area and activity: This permit authorizes the impact of 58 linear feet of stream associated
with a Road Crossing.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWT to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army,verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Thomas Brown at [phone] x22.
Corps Regulatory Official Thomas Bro Date: October 19, 2005
Expiration Date of Verification: March 18, 2007
wa
0 r?9Qr,
>
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 12, 2003
Guilford County
DWQ Project #: 03-1554
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE
City of High Point
211 South Hamilton Street, Post Office Box 230
High Point, NC 27261
Subject Property: Riverdale Road Landfill
You have our approval, in accordance with the attached conditions, to impact 0.02 acres of waters for a detention
pond,- 25 feet perennial stream and 0.05 acres of buffers for the purpose of exploratory excavation as you
described in your application dated December 5, 2003. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 3360, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationwide Permit Number 38 when
the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying
404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified
below. If you change your project, you must notify us and you may be required to send us a new application. If
the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed
one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
Conditions of Certification:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order
to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
.41
?QF \N A rFj9Q Michael F. Easley, Governor
?0 G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p -? Alan W. Klimek, P.E. Director
Division of Water Quality
September 8, 2005
DWQ# 05-1568
Guilford County
Mr. J. Brooks Reitzel, Jr., Trustee
Seaboard Chemical Corporation
P. O. Box 5544
High Point, NC 27262
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Reitzel:
Seaboard Chemical Corporation has our approval, in accordance with the attached conditions, to place
permanent fill in 58 linear feet of perennial stream for the purpose of constructing an access road to the
Riverdale Road Landfill in High Point, Guilford County, as described in your application received by the
Division of Water Quality on August 16, 2005. After reviewing your application, we have determined that this
fill is covered by General Water Quality Certification Number 3404, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 14 when
it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal,
state or local permits before you proceed with your project, including (but not limited to) those required by
Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval
will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or
in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification, as
well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Streams 58 linear feet Unnamed tributary to the Deep River located
on the site of the former Seaboard Chemical
Corporation facility on Riverdale Road (SR
1145) in High Point, Guilford County
NoorthCarolina
NaNra!!y
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet httpll:h2o.enr.state.ng.us/ncwetlands
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper
Mr. J. Brooks Reitzel, Jr., Trustee
Page 2, DWQ# 05-1568
September 8, 2005
2. The culvert required for this project shall be installed in such a manner that the original stream profile is
not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing
stream dimensions (including the pattern and profile) are to be maintained above and below the location
of the culvert. The culvert shall be designed and installed to prevent head cutting of the stream. If the
culvert becomes perched, the appropriate stream grade shall be re-established or, if the culvert is
installed in a perched manner, the culvert shall be removed and re-installed correctly. The Applicant
must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
3. Where riprip is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the streambed must be inserted into the bed matrix to a depth sufficient to
provide the thickness of riprap required for scour protection. The elevation of the streambed must not be
increased by the placement of riprap. Placement of riprap must not result in destabilization of the
streambed or banks upstream or downstream of any crossing.
4. This project shall provide energy dissipation and sheet flow for any stormwater discharges generated by
the stream crossing prior to their entering the stream channel.
5. Upon completing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been finished.
This certificate should be returned to the 401/Wetlands Unit of the NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion, please send photographs upstream
and downstream of the culvert site to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-
4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
?AAlan W. Klimek, P.E.

AWK/cdl
. . J. Brooks Reitzel, Jr., Trustee
Page 3, DWQ# 05-1568
September 8, 2005
Attachments
cc: Todd Tugwell, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Wendell Overby, Soil & Environmental Consultants, PA, 236 LePhillip Court, Suite C, Concord, NC
28025
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Riverdale Landfill-'Pump station stream"
State:NC County/parish/borough: Guilford City: Jamestown
Center coordinates of site (lat/long in degree decimal format): Lat. 35.949127° N, Long. 79.912274° W.
Universal Transverse Mercator:
Name of nearest waterbody: Randleman Lake Reservoir
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Randleman Lake Reservoir
Name of watershed or Hydrologic Unit Code (HUC): 03030003
0 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
?' Office (Desk) Determination. Date:
0Field Determination. Date(s): 3/10/09
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
?TNWs, including territorial seas
? Wetlands adjacent to TNWs
[] Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
® Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
?, Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 600 linear feet: 3 width (ft) and/or 0.04 acres.
Wetlands: 0 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.l. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.i.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CRARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanor have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, sldp to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section HI.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 8 acres
Drainage area: 8 acres
Average annual rainfall: 42 inches
Average annual snowfall: 11 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are 1 (or less) river miles from TNW.
Project waters are 1(or less) river miles from RPW.
Project waters are I (or less) aerial (straight) miles from TNW.
Project waters are I (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: Features empties to Randleman Lake Reservoir.
Tributary stream order, if known: First.
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply
Tributary is: ? Natural
? Artificial (man-made). Explain:
® Manipulated (man-altered). Explain: Naturalized channel on former landfill.
Tributary properties with respect to top of bank (estimate):
Average width: 3 feet
Average depth: 0.2 feet
Average side slopes: Vertical (1:1 or less).
Primary tributary substrate composition (check all that apply):
? Silts ® Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Overall very short banks.
Presence of run/riffle/pool complexes. Explain: Few riffle/pool complexes.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 4 %
(c) Flow:
Tributary provides for: Ilnterinittent but not seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime:
Other information on duration and volume:
Surface flow is: Discrete and confined. Characteristics:
Subsurface flow: No. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving
® vegetation matted down, bent, or absent ?
® leaf litter disturbed or washed away
? sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
® Discontinuous OHWM.? Explain:In places little to no bed and bank (braided channel).
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
?' High Tide Line indicated by: 0 Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ® physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water is clear. Small drainage area feeding stream.
Identify specific pollutants, if known: Stream exists over former solid waste landfill (garbage).
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Mostly sparse trees, broomsedge comprising stream buffer.
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: 0 acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:Hydrologic
connection exists between the non-RPW tributary and an TNW. non-RPW has capacity to reduce pollutants reaching TNW.
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
?' Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
0Tributary waters: 600 linear feet 3 width (ft).
?I Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
?, Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
?' Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
?'' Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
?' which are or could be used by interstate or foreign travelers for recreational or other purposes.
?' from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
?; Other factors. Explain:
BSee Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
?' Tributary waters: linear feet width (ft).
?' Other non-wetland waters: acres.
Identify type(s) of waters:
a Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
?' If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
?', Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
[}' Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
?' Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
0 Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 High Point East.
USDA Natural Resources Conservation Service Soil Survey. Citation:Soil Survey of Guilford County, NC.
?' National wetlands inventory map(s). Cite name:
?' State/Local wetland inventory map(s):
?FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ® Aerial (Name & Date):
or ? Other (Name & Date):
?' Previous determination(s). File no. and date of response letter:
0 Applicable/supporting case law:
Applicable/supporting scientific literature:
?Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Riverdale Road Landfill Date: 2/15/05
Applicant/Owner: City of High Point County: Guilford
Investigator: W.OVerby State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: wetland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Ulmus Americana T FACW 9.
2. Juncus effuses H FACW 10.
3. Liquidambar styraciflua T FAC+ 11.
4. Car-ex sp. H FACW 12.
5. Smilax rotundlfolia V FAC 13.
6. Acer rubra T FAC 14.
7. Fraxinus pennsylvanica T FACW 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 100
Remarks:
HYDROLOGY
_ Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
x Inundated
x Saturated in Upper 12 Inches
Sediment Deposits
Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
x Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0-2 (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: 0-10 (in.) x FAC-Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: 0-6 (in.)
Remarks: evaluation outside growing season
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
Project/Site: Riverdale Road Landfill Plot ID: Wetland-NIS
enu c
Map Unit Name Drainage Class: poorly
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Fluvaquentic Endoaquepts Confirm Mapped Type? x Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-4 A 10YR 5/2 Loam
4-12+ Bg 10YR 5/1 Sandy day loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
x Aquic Moisture Regime x Listed on Local Hydric Soils List
x Reducing Conditions x Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland?
Wetland Hydrology Present? x Yes _ No x Yes No
Hydric Soils Present? x Yes No
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Riverdale Road Landfill Date: 11/26/03
Applicant/Owner: City of High Point County: Guilford
Investigator: W. Overby State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Sediment pond wetland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: wetland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer negundo Shrub FACW 9.
2. Salix nigra Shrub OBL 10.
3. Platanus occidentaks Tree FACW 11.
4. Carex spp. Herb FACW 12.
5. Murdannia keisak Herb OBL 13.
6. Liquidambar styraciflua Shrub FAC 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 100
Iff: 11
HYDROLOGY
Recorded Data (Describe in Remarks):
_ Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
x Inundated
x Saturated in Upper 12 Inches
Sediment Deposits
x Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
x Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0-2 (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: 0-8 (in.) x FAC-Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: 0 (in.)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
Project/Site: Riverdale Road Landfill Plot ID: wetland
SOILS
Map Unit Name Drainage Class: Poorly
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Fluvaquentic endoaquuept Confirm Mapped Type? _ Yes x No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 10YR 5/2 Loam sand
6-15 Bg1 10YR 4/1 Loam
15+ Bg2 10YR 6/1 Sand clay loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
x Aquic Moisture Regime x Listed on Local Hydric Soils List
x Reducing Conditions x Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: Soil type estimated as Wehadkee (poorly drained soil). Due to health concerns samples not taken for confirmation.
IL
WETLANDS DETERMINATION
X
Hydrophytic Vegetation Present? Yes No Is this sampling point within a wetland?
Wetland Hydrology Present? x Yes No x Yes No
Hydric Soils Present? x Yes No
Remarks:
IL- 'I
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
.? 236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Riverdale Road Landfill Date: 11/26/03
Applicant/Owner: City of High Point County: Guilford
Investigator: W. Overby State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: Early successional spp.
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Upland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Pinus taeda Tree FAC 9.
2. Juniperus virginiana Shrub FACU- 10.
3. Quercus phellos Tree FACW- 11.
Rubus argutus Herb FACU 12.
5. Prunus serotina Shrub FACU 13.
6. Liquidambar styraciNua Shrub FAC 14.
7. Lonicera japonica Vine FAC- 15.
8. Andropogon virginicus Herb FAC- 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 25
Remarks: Upland areas are vegetated landfill. Mostly early successional species identified in the field.
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 Inches
Sediment Deposits
Drainage Patterns in Wetlands
Field Observations: _
Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: N/A (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: N/A (in.) FAC-Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: N/A (in.)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
Project/Site: Riverdale Road Landfill Plot ID: upland
L--TilIIL?
Map Unit Name Drainage Class: well
(Series and Phase): Wilkes Field Observations
Taxonomy (Subgroup): Typic Hapludalf Confirm Mapped Type? _ Yes x No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-7 Ap 10YR 4/3 Sand loam
7-11 B 10YR 6/6 Sand loam
11-18 Bt1 10YR 5/6 Clay loam
18-26 C 10YR 5/8 Clay loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: Soil type taken from Guilford County Soil Survey. Original soils disturbed due to landfill activities. No sampling of upland
soil performed due to unknown risks from landfill.
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? Yes x No Is this sampling point within a wetland?
Wetland Hydrology Present? Yes x No Yes x No
Hydric Soils Present? Yes x No
Remarks:
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