20091096 Ver 1_More Info Received_20091124

McGill
A S S O C I A T E S
November 19, 2009
Ms. Cyndi Karoly, Supervisor
401 Oversight and Express Permits Unit
1650 Mail Service Center
Mail Service Center
Raleigh, NC 27699-1650
oq-iuqI.D
° 9@[Eow
NO V R ?_ 2009
WETLANDS AND STOR WA E1 BRANCH
Dear Ms. Karoly:
Re: 404/401 Permitting
First Health Hospice and Palliative Care
Moore County, North Carolina
In response to your inquiries and concerns regarding the long term stabilization of the
proposed Bottomless Arch Con-Span unit, with regards to scour around the footers, we have
decided to re-design the entrance drive culvert crossing. The new design will include two (2) 9'H
x 10' W Reinforced Concrete Pipe (RCP) Box Culverts with headwall/wingwalls. Per the States
requirements, both box culverts will be buried below the existing stream bed a minimum of two
(2) feet and filled with 18" Class 1 Rip-Rap and 6" Railroad Ballast (compacted with a vibratory
compactor).
Facing downstream, the left box culvert will be primarily used during base flow and
bankfull storm events. The right side box culvert will be utilized during "flooding" storm events.
Both culverts will be placed on a 0% slope, upstream to downstream. The proposed orientation,
of the box culverts, should help with sediment transport and fish passage through the culvert
system by allowing a natural channel bed to form within the left side culvert over time while
providing enough floodplain width to minimize scour during significant storm events. The
overall wetland impact will be approximately 0.16 Acres. The requested drawings illustrating the
Existing Conditions (Sheet A), Proposed Conditions (Sheet B), and Proposed Wetland
Disturbances (Sheet C) at the proposed culvert crossing can be found attached.
The proposed Box Culvert replacement for the Con-Span unit still provides No
Significant Impact to the 100-year Floodplain and Floodway elevations between the Current
Conditions and Proposed Conditions Models. The proposed box culvert design also allows safe
passage of the 100-year flood underneath the proposed entrance drive elevation of 362' NAVD
1988 at its lowest point. Once construction is complete, a Letter of Map Revision (LOMR) will
be submitted to NC Flood Maps for approval. A Detailed Hydraulic Analysis report has been
attached for your review.
E n g i n e e r i n g - P l a n n i n g - F i n a n c e
McGill Associates, P.A. - 6 Regional Drive, Pinehurst, NC 28374
910-295-3159 - FAX.- 910-295-3647
Ms. Cyndi Karoly
November 19, 2009
Page 2 of 2
A Geotechnical Investigation Report and Standard Penetration Test (SPT) have not been
conducted at the proposed culvert crossing due to the change in design from the Con-Span unit to
the Box Culvert system. At this time, it is not anticipated that non-scourable bedrock material
will be required in order to provide long term stabilization of the proposed box culverts.
We are also providing an inventory of the imperviousness surfaces in each drainage area,
which are illustrated with the attached map. Please also find included a Stormwater Management
Plan for the First Health Hospice site for your review.
We are looking forward to being able to proceed with this work. Please let me know if you
need any further information in order to secure approval for this planned work. If you feel an on-
site meeting would be helpful, we are available to meet with you at your convenience. I can be
reached at phone number 828-328-2024 or email David.Richmond@,,mc ig llengineers.com. Thank
you for your attention to these applications.
Sincerely,
McGILL ASSOCIATES, P
tf
DAVID E. RICHMOND, P.E.
Enclosure
DER/war
cc: Mr. Ken Averitte, NC Division of Water Quality - Fayetteville
Forrest Westall P.E., McGill Associates, P.A.
F:\08.04040 GMK ASSOCIATES, INC. - Moore County Hospice\02_Design Phase\Documents\404_401
Permitting\DWQ Response Letter I1_19_09.doc
McGill Associates, P.A.
6 Regional Drive, Pinehurst, North Carolina 28374
910-295-3159 - FAX: [phone]
DETAILED HYDRAULIC ANALYSIS
Moore County
North Carolina
and Unincorporated Areas
Community Name Community Number River Basin
Macon County 370164 Lumber/ Cape Fear
Pinehurst, Village of 370463 Cape Fear
McGill
ASSOCIATE S
McGill Associates, P.A.
1240 19th St. Ln. NW
Hickory, NC 28603
HYDRAULIC ANALYSIS
First Health of the Carolinas: Hospice Center
Village of Pinehurst, NC - Project #08.04040
I. Project Overview
The purpose of this project is to upgrade of the entrance road for the proposed First Health
Hospice Center located in the Village of Pinehurst, NC extra territorial jurisdiction (ETJ). The
access road is off of Camp Ground Rd. and crosses an Unnamed Tributary of Nicks Creek. The
upgrade is necessary in order to accommodate the increased traffic flow in and out of the
Hospice Center. The proposed upgrade includes:
• The removal of 2 - 24" corrugated metal pipes (CMP) and 1 - 12" corrugated metal
pipes.
• Grading of the adjacent channel banks, up and down-stream of the proposed culvert
upgrade.
• The installation of two (2) - 64 foot long 9'H x 10'W RCP Box Culverts.
• Raising and widening the existing access road approximately one (1) foot above the
CURRENT CONDITIONS 100 -year flood elevation.
The proposed project is located within the non-encroachment area of Nicks Creek Tributary as
delineated by the National Flood Insurance Program on panel # 8563 map # 3710856300) of the
Flood Insurance Rate Map (FIRM) for Moore County, North Carolina and the Village of
Pinehurst, with an effective date of October 17, 2006.
Survey data for the site was collected by Hobbs, Upchurch & Associates, P.A.
McGill Associates' engineers provided the following civil engineering services:
• Acquisition of the Effective Model,
• Analysis of GIS and topographical data,
• Performance of hydraulic analysis to create the following models for the stream:
o Effective Model
o Current Condition Model
o Proposed Condition Model
• Demonstration of the proposed conditions showing no impact to the 100-year floodplain
elevations due to the proposed changes and/or work performed in the floodway
?/(,,??//''''!!• Village of Pinehurst, NC - Project #08.04040 1
? ?1riVtJ First Health of the Carolinas - NO-RISE Certification
June 21, 2009
II. Flood Control Ordinance - Village of Pinehurst
The governing document for the Unnamed Tributary of Nicks Creek is the Village of Pinehurst's
Flood Damage Prevention Ordinance. Pertinent portions of this ordinance are outlined below
and a full copy is available from the Village of Pinehurst Planning Department and from the
Village's web site http://www.villageofpinehurst.org located under Community Resources.
ARTICLE 1.
SECTION A. STATUTORY AUTHORIZATION.
County: The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143;
Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the
North Carolina General Statutes, delegated to local governmental units the responsibility to
adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry.
Therefore, the Board of Commissioners of the County of Moore, North Carolina, doeshereby
ordain as follows:
SECTION B. FINDINGS OF FACT.
(1) The flood prone areas within the jurisdiction of the County of Moore are subject to periodic
inundation which results in loss of life, property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures of flood protection and
relief, and impairment of the tax base, all of which adversely affect the public health, safety, and
general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities and by the occupancy in flood prone areas of uses
vulnerable to floods or other hazards.
SECTION C. STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote public health, safety, and general welfare and to
minimize public and private losses due to flood conditions within flood prone areas by
provisions designed to:
(1) Restrict or prohibit uses that are dangerous to health, safety, and property due to water
or erosion hazards or that result in damaging increases in erosion, flood heights or
velocities;
(2) Require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging, and all other development that may increase
erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert flood
waters or which may increase flood hazards to other lands.
?+('??1• Village of Pinehurst, NC - Project #08.04040 2
O ,,j$; o uM First Heath of the Carolinas - NO-RISE Certification
June 21, 2009
ARTICLE 3. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all Special Flood Hazard Areas and areas bounded by flood of
record contours within the jurisdiction, including Extra-Territorial Jurisdictions (ETJs) if
applicable, of the County of Moore and within the jurisdiction of any other community whose
governing body agrees, by resolution, to such applicability.
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS
The Special Flood Hazard Areas are those identified under the Cooperating Technical State
(CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study
(FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for Moore County dated
October 17, 2006, which are adopted by reference and declared to be a part of this ordinance.
The "Flood of Record Contours" are those identified by the County of Moore in its Flood of
Record Contour Map(s) dated October 17, 2006, which with accompanying supporting data, and
any revision thereto, are adopted by reference and declared to be a part of this ordinance.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Director of Planning and Community Development or his or her designee, hereinafter
referred to as the "Floodplain Administrator," is hereby appointed to administer and implement
the provisions of this ordinance.
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR.
The Floodplain Administrator shall perform, but not be limited to, the following duties:
(21) Maintain a current map repository to include, but not limited to, the FIS Report,
FIRM and other official flood maps and studies adopted in accordance with Article 3,
Section B of this ordinance, including any revisions thereto including Letters of Map
Change, issued by FEMA. Notify State and FEMA of mapping needs.
(22) Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision
Based on Fill (LOMR-F) and Letters of Map Revision (LOMR).
SECTION E. VARIANCE PROCEDURES.
(11) The following provisions, in addition to standards outlined in Article 5, Sections A
and B, shall apply to all development within floodways or non-encroachment zones:
(a) No encroachments, including fill, new construction, substantial improvements
and other developments shall be permitted unless it has been demonstrated
that:
i) The proposed encroachment would not result in any increase in the flood
levels during the occurrence of the base flood, based on hydrologic and
hydraulic analyses performed in accordance with standard engineering
?/(?.(???• Village of Pinehurst, NC - Project #08.04040 3
OA5 ??o 8 E First Heath of the Carolinas - NO-RISE Certification
June 21, 2009
practice and presented to the floodplain administrator prior to issuance of
floodplain development permit, or
ii) A Conditional Letter of Map Revision (CLOMR) has been approved by
FEMA. A Letter of Map Revision (LOMR) must also be obtained upon
completion of the proposed encroachment.
(b) If Article 5, Section E (11)(a) is satisfied, all development shall comply with all
applicable flood hazard reduction provisions of this ordinance.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS.
In all Special Flood Hazard Areas and in all areas bounded by flood of record contours the
following provisions are required:
(9) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a
building or structure existing on the effective date of this ordinance and located
totally or partially within the floodway, non-encroachment area, or stream setback,
provided there is no additional encroachment below the regulatory flood protection
elevation in the floodway, non-encroachment area, flood of record contour or stream
setback, and provided that such repair, reconstruction, or replacement meets all of the
other requirements of this ordinance.
SECTION F. FLOODWAYS AND NON-ENCROACHMENT AREAS.
Areas designated as floodways or non-encroachment areas are located within the Special Flood
Hazard Areas established in Article 3, Section B. The floodways and non-encroachment areas
are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and
carry debris and potential projectiles. No new development activity shall occur within designated
floodways and non-encroachment areas except by variance.
?/??.(?'' Village of Pinehurst, NC - Project #08.04040 4
jn ?m First Heath of the Carolinas - NO-RISE Certification
ASSOC
June 21, 2009
Surveying
McGill Associates' engineers and surveyors visited the site to collect information relevant to the
NO-RISE Certification process, including stream cross sections. Data that was collected to
construct the cross sections included:
• Right and left edge of water locations and elevations,
• Right and left channel top of bank locations and elevations,
• Right and left outside channel bank elevations,
• Main river Manning's roughness coefficient,
• Left over bank roughness coefficient,
• Left over bank ineffective flow areas,
• Right over bank roughness coefficient,
• Right over bank ineffective flow areas, and
• Edge of pavement, centerline, and road locations and elevations.
Additional information was obtained from the following sources:
• The 2006 HEC-RAS effective models from the State of North Carolina Floodplain
Mapping Program;
• Stream flow, elevation, and floodway data from the Flood Insurance Study (FIS) for
Moore County, North Carolina, including the Village of Pinehurst, FIS number
3710856300J, effective date October 17, 2006; and
• Light Detection and Ranging (LIDAR) contours and elevation data from the North
Carolina Flood Plain Mapping Program (May 2007).
Cross Sections
Cross sections consist of surveyed channel data supplemented with contour and elevation data
generated from LIDAR data obtained from the State Floodplain Mapping Program
(www.ncfloodmaps.com). All data was generated from LIDAR in April 2007 and is in State
Plane NAD83 Feet (NCDOT LIDAR Data release, May 2007). Manning's n-values were
obtained from field observations and compared with the listed values in the FIS.
Village of Pinehurst, NC - Project #08.04040 5
OWGM ,,First Heath of the Carolinas - NO-RISE Certification
June 21, 2009
Hydraulic Modeling
The U.S. Army Corps of Engineers' HEC-RAS step-backwater computer program version 3.1.3
(U.S. Army Corps of Engineers, Hydrologic Engineering Center, November 2006) was used to
complete the hydraulic modeling.
The process for determining the effects of our proposed project is as follows:
1) Obtain the current HEC-RAS Effective Model.
2) Modify the Effective Model by addressing any errors in the models to create the
Corrected Effective Model.
3) Create the Current Condition Model by adding the necessary cross section to define the
development activities.
4) Create the Proposed Condition Model to analyze the proposed changes to the
floodplain.
5) Compare the results of the Current Condition Model with the Proposed Condition
Model for all cross sections.
Effective Model
The current Effective Model was obtained from the State of North Carolina, Division of
Emergency Management Floodplain Mapping Program. This model was developed in 2006
using the HEC-RAS computer program. The Nicks Creek Tributary Model consisted of a new
Limited Detail Study Hydraulic Model. No changes were made to this model.
Corrected Effective Model
No corrections were made to the Effective Model and a Corrected Effective Model was not
included as part of this analysis.
Current Conditions Model
The Current Condition Model added an existing road and culvert crossing Nicks Creek Tributary
at station 3603 and four surveyed cross sections upstream and downstream of this culvert at
station 3516, 3578, 3623, and 3764. This culvert was not included in the Effective Model and
consisted of twin 24-inch CMP main culverts and a 12-inch CMP relief culvert.
Proposed Conditions Model
In the Proposed Condition Model, the existing culvert was replaced with a new twin (2) 9'H x
10'W RCP Box Culvert with a headwall/wingwall on the upstream and downstream sides and
the road was raised to 362.0 feet NAVD 1988. The RCP Box Culverts were buried to a depth of
2 feet below the existing stream bed elevation in order to comply with State Requirements. The
bottom of the culverts will be filled with 18" of Class 1 Rip-Rap and 6" of Rail Road ballast
(compacted with a vibratory compactor).
The results from each model are shown in Tables 1, 2, and 3.
?/??.(`T?'• Village of Pinehurst, NC - Project #08.04040 6
@A5 1j6 G First Heath of the Carolinas - NO-RISE Certification
June 21, 2009
Table 1: Nicks Creek Tributary - Effective Model
Cross
Section
ID
Floodway
Width Section Velocity
ft Area sq ft) (ft/sec) Base Flood Water Surface
Elevation (ft
With Without Increase
Floodwa Floodwa
3274 114.57 447.68 1.8 356.63 355.74 0.88
3516 New Cross Section
3578 New Cross Section
3603 Existing Culvert NOT Modeled
3623 55.16 165.06 4.88 357.66 356.8 0.85
3764 New Cross Section
3849 42.34 100.79 7.99 360.07 359.23 0.84
3871 In Line Structure
3889 304.94 1604.3 0.5 365.6 365.6 0
Table 2: Nicks Creek Tributary - Current Condition Model
Cross
Section Floodway Base Flood Water Surface
Elevation (ft)
ID Width
ft Section
Areas ft Velocity
ft/sec With
Floodwa Without
Floodwa Increase
3274 114.55 447.69 1.80 356.63 355.74 0.88
3516 60.00 466.90 2.83 357.05 356.31 0.74
3578 26.00 232.75 8.73 357.21 357.20 0
3603 Existing Twin 24" CMP Culvert
3623 72.64 460.32 1.75 360.45 359.64 0.81
3764 56.54 253.90 3.17 360.11 359.32 0.79
3849 42.34 135.94 5.92 360.90 360.32 0.58
3871 In Line Structure
3889 304.94 1604.30 0.50 365.60 365.60 0
?/(?.(?'• Village of Pinehurst, NC - Project #08.04040 7
Ajs jo u? First Heath of the Carolinas - NO-RISE Certification
June 21, 2009
Table 3: Nicks Creek Tributary - Proposed Condition Model
Cross
Section
ID
Floodway
Width Section Velocity
ft Area (s ft ft/sec) Base Flood Water Surface
Elevation (ft)
With Without Increase
Floodwa Floodwa
3274 114.55 447.69 1.80 356.63 355.74 0.88
3516 60.00 466.90 2.83 357.05 356.31 0.74
3578 22.00 239.89 8.32 356.80 355.95 0.85
3603 Proposed 2 - 9'Hx10'W Box
Culverts
3623 22.00 358.65 6.65 358.16 358.10 0.06
3764 56.54 186.42 4.32 358.91 358.75 0.16
3849 42.00 135.17 5.96 360.90 360.32 0.58
3871 In Line Structure
3889 304.94 1604.30 0.50 365.60 365.60 0
Based on the available information for this modeling effort, it is the assertion of McGill
Associates that the proposed replacement of the existing twin 24-inch CMP crossing of Nicks
Creek Tributary with a new twin 9'H x 10'W RCP Box Culverts will not cause a rise in the
current Base Flood Elevation (BFE) or the current 100-year floodway Water Surface Elevation
(WSEL). A rise is considered to be any increase in WSEL greater than 0.00 feet. It should be
noted that the proposed improvements caused a decrease in the BFE and floodway elevation.
This decrease ranged from 2.02 feet to 0.02 feet.
In addition, there are significant increases between the Effective Condition Model and the
Proposed Condition Model. This increase ranged from 1.57 feet to 0.71 feet. Since this is a
result of the existing culvert being omitted from the Current Effective Model, it does not affect
the results of this hydraulic analysis.
Tables 4 and 5 highlight the differences in the results between the Effective Model and the
Proposed Condition Model, and the Current Condition Model and the Proposed Condition Model
for Nicks Creek Tributary, respectfully.
KOM Village of Pinehurst, NC - Project #08.04040 8
0 First Heath of the Carolinas - NO-RISE Certification
June 21, 2009
Table 4: Nicks Creek Tributary -
Comparison Effective to Proposed Condition
Cross
Section
Floodway Base Flood Water Surface
El
ti
ft
eva
on (
)
Section

ID Velocity
Width (ft) Area (ft/sec) With Without
Floodway Floodway Increase
(s ft)
3274 -0.02 0.01 0 0 0 0
3516 New Cross Section
3578 New Cross Section
3603 Existing Culvert NOT Modeled
3623 -33.16 193.59 1.77 0.50 1.3 -0.79
3764 New Cross Section
3849 -0.34 34.38 -2.03 0.83 1.07 -0.24
3871 In Line Structure
3889 0 0 0 0 0 0
Table 5: Nicks Creek Tributary -
Comparison Current to Proposed Condition
Cross
Section Floodway Base Flood Water Surface
El
ti
ft
eva
on (
)
Section

ID Velocity
Width (ft) Area
(ft/sec) With Without
Floodway Floodway Increase
sq ft)
3274 0 0 0 0 0 0
3516 0 0 0 0 0 0
3578 -4.00 -7.14 -0.41 -.41 -1.25 0.85
3603 Proposed Culvert Replacement
3623 -50.64 -101.67 4.90 -2.29 -1.54 -0.75
3764 0 -67.48 1.15 -1.20 -0.57 -0.63
3849 -0.34 -0.77 0.04 0 0 0
3871 In Line Structure
3889 0 0 011 0 0 0
Based on the available information for this modeling effort, McGill Associates utilized the
following assumptions:
• The U.S. Army Corps of Engineers HEC-RAS 3.1.3 software shall be utilized to predict
the 100-year WSEL. Documentation on this software can be found at
http://www.hec.usace.armv.mil/.
?/(?.(?'• Village of Pinehurst, NC - Project #08.04040 9
? Aj? jo First Heath of the Carolinas - NO-RISE Certification
June 21, 2009

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Moore County Hospice
Project No. 08.04040
November 10, 2009
STORMWATER MANAGEMENT PLAN
for
FIRST HEALTH HOSPICE & PALLIATIVE CARE
HOSPICE HOUSE AND ADMINISTRATION BUILDING
Narrative
PROJECT DESCRIPTION
The proposed project consists of the construction of a hospice house, administration
building and a small chapel including an entrance road and parking areas. Clearing and
grubbing, grading, drainage and erosion control will be required on approximately 10.0
acres of the site. The entire project property is 35.21 acres. The remaining area of the
site will remain undisturbed. The site is located on the southeast side of Campground
Road (S.R. 1844) north 1000'+/- of the southern intersection of U.S. Highway #15-501 in
the ETJ of the Village of Pinehurst, Moore County, North Carolina.
SITE DESCRIPTION
Predevelopment:
The project is located on the southeast side of Campground Road (S.R. 1844). The site is
an old campground (trailer park) and is mostly wooded. The site is currently accessed by
an old driveway into the Campground. The entire project drains to an unnamed tributary
of Nicks Creek (class WS-III stream index# 18-23-3-(1.5)). Features of the site include a
pond and wetland areas. The site drains mainly east to west with very little off site
drainage. The average cross slope is 4% to 5%.
Post-development:
Post-development drainage patterns will remain similar to the pre-development patterns.
Stormwater from impervious areas will be collected and management facilities will be
used to control discharges as explained in the following subsections. Final stormwater
discharges will occur prior to entering the buffer areas. Improvements to the current
access road will provide entrance into the project. It will be necessary to widen the
entrance roadway and replace the current stream crossing with a new Con-Span
bottomless culvert. Disturbed areas will be limited to only what is necessary for the
development of the f 10 acres. The owner desires that all areas outside the proposed
disturbed limits to remain. Only selective trimming, cutting, etc will be done in those
areas.
Moore County Hospice
Project No. 08.04040
November 10, 2009
STORMWATER MANAGEMENT
The project is considered low density with an overall impervious area of 10.22%. Site
design considerations have included the limited use of curb and gutter and stormwater
collection being accomplished with grassed swales. Construction documents including
plans, reports and design calculations have been an integral part of the submission
process to the Village of Pinehurst. Storm drainage and erosion control design have been
a major component of the construction plans. Grassed swales have been designed to
collect, transport and direct stormwater away from buildings and parking areas in a
controlled system. Stormwater shall be directed to level spreaders to provide a means for
diffusing the outflow in a non-erosive manner prior to entering wetlands or the stream
buffer.
The level spreaders have been designed in accordance with the NCDENR Stormwater
BMP Manual. Design has been based on the 1" storm intensity and the downstream land
cover conditions. The grassed swales have been designed for the 10 year storm. The
grassed swales along with the level spreaders will offer some pollutant removal and help
prevent erosion. The level spreaders have been designed with a forebay which will help
slow the velocity into the level spreader and offer some settlement for trash and sediment.
The forebays will be lined with rip-rap. A bypass system will allow larger storm events
to bypass the level spreader system.
STORMWATER MAINTENANCE
All stormwater management facilities will be maintained by the owner as specified in the
construction drawings. The facilities will be checked and regularly maintained. Repairs
and or replacements will be made as deemed necessary to assure proper functioning and
performance.
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