20201318 Ver 1_LaBella Newport Biological Evaluation final 30Oct2020_20210423

Coastal Environmental Partnership
Newport Transfer Station Expansion
Biological Evaluation/Biological Assessment
Prepared by:
VHB Engineering of NC, P.C.
Prepared on behalf of:
LaBella Associates, P.C.
1604 Ownby Lane
Richmond, Virginia 23220
Prepared For:
Coastal Environmental Partnership
7400 Old Hwy 70 West
New Bern, NC 28562
and
Croatan National Forest
Croatan Ranger District
141 E. Fisher Avenue
New Bern, North Carolina 28560
FINAL VERSION
October 30, 2020

ABSTRACT: Based on the findings contained in this Biological Evaluation/Biological Assessment
(BE/BA), the Coastal Environmental Partnership's proposed Newport Solid Waste Transfer Facility
Expansion Project will affect one Region 8 Sensitive species, Asclepias pedicellata (stalked milkweed),
and May Affect, but is Not Likely to Adversely Affect (MA-NLAA) the Myotis septentrionalis (northern
long-eared bat) and Dryobates (Picoides) borealis (red -cockaded woodpecker). Two individuals of
stalked milkweed were observed within the potential impact area. Although these individuals would
be impacted, implementation of the project will not affect the viability of the overall population.
Consultation with the US Fish and Wildlife Service (USFWS) is not required for either stalked
milkweed or the northern long-eared bat (NLEB); however, coordination (likely informal) will be
required for the red -cockaded woodpecker as a result of the MA-NLAA finding. The NLEB Final 4(d)
Rule requires the US Forest Service to notify the USFWS of the proposed action 30 days prior to
implementation. In addition, this proposal may affect terrestrial habitat for Forest Concern species
and birds of conservation concern; however, no impacts are anticipated to specific individuals or the
overall population viability for these species as a result of project implementation. No other
federally proposed, threatened, endangered, or at -risk species were observed within the project
area.

Table of Contents
I. INTRODUCTION 3
1.1 Location and Proposed Action 3
1.2 Species Considered 3
II. METHOD OF EVALUATION AND SURVEYS 4
2.1 Botanical Surveys 4
2.1.1 Federally Listed Plant Species 4
2.1.2 Region 8 Sensitive and Forest Concern Plant Species 7
2.1.3 Existing Botanical Condition and Natural Community Types 9
2.1.4 Non -Native Invasive Plants (NNIP) 10
2.2 Wildlife Vertebrate Surveys 10
2.2.1 Federally Listed Wildlife Vertebrate Species 11
2.2.2 Region 8 Sensitive and Forest Concern Wildlife Vertebrate Species 15
2.2.3 Migratory Birds and Management Indicator Species 18
2.3 Wildlife Invertebrate Surveys 20
2.3.1 Federally Listed Wildlife Invertebrate Species 20
2.2.2 Region 8 Sensitive and Forest Concern Wildlife Invertebrate Species 20
2.3 Aquatic Surveys (Fish and Aquatic Invertebrates) 23
2.3.1 Federally Listed Fish and Aquatic Invertebrate Species 24
2.3.2 Region 8 Sensitive and Forest Concern Fish and Aquatic Invertebrate Species 24
2.4 Effects to Rare Plant Species 24
2.4.1 Direct and Indirect Effects to Rare Plant Species 24
2.5 Effects to Wildlife Species 25
2.5.1 Direct and Indirect Effects to Wildlife Vertebrate Species 25
2.5.2 Direct and Indirect Effects to Wildlife Invertebrate Species 26
2.6 Effects to Aquatic Species 26
III. PROJECT DESIGN RECOMMENDATIONS 27
IV. MITIGATIONS 27
V. WORKS CITED 28
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Figures
Figure 1. Vicinity Map
Figure 2. Proposed Expansion Area
Figure 3. Location of Asclepias pedicellata
Tables
Table 1.
Federally Endangered, Threatened, and Candidate Plant Species, Carteret
County, NC 4
Table 2. Region 8 Sensitive and Forest Concern Plant Species 7
Table 3. Federally Endangered, Threatened, and Candidate Wildlife Vertebrate Species,
Carteret County, NC 11
Table 4. Region 8 Sensitive and Forest Concern Wildlife Vertebrate Species 16
Table 5. Region 8 Sensitive and Forest Concern Wildlife Invertebrate Species 21
Appendices
Appendix A.
Appendix B.
Appendix C.
Appendix D.
Appendix E.
Plant Species Considered for Analysis
Wildlife Vertebrate and Invertebrate Species Considered for Analysis
Fish and Aquatic Invertebrate Species Considered for Analysis
U.S. Fish and Wildlife Service IPaC Report
N.C. Natural Heritage Program Report
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Biological Evaluation/ Biological Assessment

INTRODUCTION
The purpose of this Biological Evaluation/Biological Assessment (BE/BA) is to provide the US Forest
Service with supplemental information pertaining to the Coastal Environmental Partnership's, or CEP's,
request to amend permits CR0106703 and CR0558402 for its Newport Solid Waste Transfer Facility
expansion within the Croatan National Forest. It provides biological information as to the possible
effects and impacts this proposal may have to rare (Threatened, Endangered, Proposed, At -Risk, Region
8 Sensitive, and Forest Concern) plant and animal species. The US Department of Agriculture's (2079)
policy states that any proposed use must "be consistent with the mission of the Forest Service to
manage National Forest System lands and resources in a manner that will best meet the present and
future needs of the American people, taking into account the needs of future generations for renewable
and nonrenewable resources, including, but not limited to, recreation, range, timber, minerals,
watershed, wildlife and fish, and natural scenic, scientific, and historical values."
1.1 Location and Proposed Action
The CEP has a long-term lease agreement with the Croatan Ranger District for its existing Newport
Solid Waste Transfer Facility in Carteret County, North Carolina. Specifically, this agreement pertains to
the existing partnership's existing facility located north and west of Hibbs Road, at the terminus of
Landfill Road, within the southern portion of the Croatan National Forest (Figure 1). The CEP is
proposing to update and expand the facility which will require land conversion of approximately 11
acres from forest/semi-disturbed to disturbed status. This proposed action and expansion area is
shown in Figure 2. Implementation efforts will include both temporary and permanent impacts to
existing natural habitats at and immediately surrounding the project area. It will include the clearing of
vegetation, placement of concrete and gravel, as well as reworking the existing on -site drainage
network. Project specific information regarding the proposed expansion can be obtained from the CEP.
According to USDA (2002a), the project area is situated within Management Area 4 of the Croatan
National Forest. Management Area 4 includes much of the southern forest boundary and contains a
very large, contiguous block of federally owned land. Although approximately half of this management
area consists of private land holdings, several natural community types are more extensive in this
vicinity than elsewhere in the Croatan National Forest. The topography is dominated by ridges and
swales that reflect an old ocean shoreline and the overall landform pattern is highly variable, supporting
13 of the 14 landtypes described as occurring within the forest (USDA, 2002a).
1.2 Species Considered
All federally Proposed, Endangered, Threatened, and At -Risk (petitioned, candidate, or species
proposed for listing) species, Region 8 Sensitive (S) species, and National Forests in North Carolina
Forest Concern (FC) species that occur or could occur on the Croatan National Forest were considered
in this analysis. Species are identified herein by both their scientific and common names. Subsequent
references to each species utilize the common name only. All species considered as part of this
evaluation are listed in Appendices A, B, and C.
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II. METHOD OF EVALUATION AND SURVEYS
2.1 Botanical Surveys
Potentially affected rare plant species are listed in Appendix A. They were identified and determined by:
➢ Reviewing the listings of rare (Endangered, Threatened, At -Risk, Region 8 Sensitive, and
Forest Concern) plant species of the Croatan National Forest and their habitat preferences;
➢ Evaluating element occurrence (EO) records of rare plants as maintained by the Croatan
Ranger District (pers. comm. with Andy Walker, Croatan National Forest) and the North
Carolina Natural Heritage Program (NCNHP, 2020); and,
➢ Plant -by -plant botanical surveys throughout the project site on July 23 and 24, 2020.
Botanical surveys were conducted at and immediately surrounding the project site by botanists Dr.
Doug DeBerry and Caitlin Cyrus. As of August 21, 2020, the existing NC Natural Heritage Program's
(NCNHP) database identifies one federally endangered plant species and one federal at -risk plant
species as potentially occurring at or immediately adjacent to the project area.
2.1.1 Federally Listed Plant Species
All federally threatened, endangered, or at -risk plant species that occur or could occur within the
Croatan National Forest were initially considered in this analysis. Four species are identified by the US
Fish and Wildlife Service (USFWS) as potentially occurring in Carteret County, North Carolina. These are
identified in Table 1.
Table 1. Federally Endangered, Threatened, and Candidate Plant Species, Carteret County NC
Scientific Name
Common Name
Federal Status' Record Status2
Amaranthus pumilus
Dionaea muscipula
Ludwigia ravenii
Lysimachia asperulifolia
seabeach amaranth
Venus flytrap
Raven's seedbox
rough -leaved loosestrife
Threatened
At -Risk Species
At -Risk Species
Endangered
Current
Current
Current
Current
1 Federal Status: Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
At -Risk. Species that are petitioned, Candidates, or Proposed for Listing under the Endangered Species Act.
2Record Status: Current — the species has been observed in the county within the last 50 years.
Source: USFWS, 2020a
An unofficial species list specific to the project location was also obtained from the USFWS' Information
for Planning and Consultation (IPaC) website and includes species and critical habitat that should be
considered under Section 7 of the Endangered Species Act (refer to Appendix D). Only two of the four
plant species were noted: rough -leaved loosestrife and seabeach amaranth. However, based on current
site conditions, suitable habitat exists for Raven's seedbox, rough -leaved loosestrife, and Venus flytrap
and no habitat exists for seabeach amaranth. Therefore, on -site assessments were conducted for the
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three applicable species. Seabeach amaranth is a coastal species and does not utilize any of the
habitats at or immediately adjacent to the project site.
USFWS (2020b) confirms there are no critical habitats associated with plant species at or near the
project site.
2.1.1.1 Raven's Seedbox
According to the USFWS (2020c), Raven's seedbox is identified as an At -Risk species (ARS), or
species that has been petitioned, identified as a candidate, or proposed for listing under the
Endangered Species Act. NC State University (2020) compares the species with Ludwigia pilosa
(hairy seedbox), stating that "Raven's seedbox exhibits ascending sepal tips whereas hairy
seedbox has reflexed sepal tips." Furthermore, "it occurs in wet places, such as ditches, swamps,
marshes, and wet savannahs" (NCSU, 2020). The USFWS Species Fact Sheet (2077) describes
Raven's seedbox as a branched, leafy perennial herb, usually 30.5 to 90 centimeters (cm) tall,
densely covered with short, somewhat coarse hairs. Its flowers exhibit only green sepals and no
petals and are present mainly during mid to late summer. Fruit is present from August to
October. The seeds are light brown, elliptic -oblong with slightly curved ends (USFWS, 2017).
NatureServe Explorer (2020) states" this plant does not exhibit the aggressiveness of weedy
plants. Its populations consist of scattered individuals instead of large colonies, which could
result in low genetic diversity influencing the long-term survival of a species." It is known from
the Coastal Plains of southeastern Virginia, eastern North Carolina, southeastern South Carolina,
and northeastern Florida (USFWS, 2017).
Although Raven's seedbox can be found in wet, peaty places, such as ditches and the margins of
swamps, ponds, and bogs, it almost always occurs in wetlands under natural conditions, but may
also rarely occur in non -wetlands (Peng, 1984; USFWS, 2017). The ditches and powerline rights -
of -way occupied by this species are subject to a variety of threats, including herbicide use, ditch
maintenance, and road widening (USFWS, 2017).
Plant -by -plant surveys did not identify Raven's seedbox within the project area and the NCNHP
(2020) does not list any documented occurrences of this species within one -mile of the project.
2.1.1.2 Rough -leaved Loosestrife
The USFWS (2070) describes rough -leaf loosestrife as "a perennial herb that grows between 30
and 60 cm tall. The triangular shaped leaves are often opposite on shorter stems (less than 30
cm tall) and tend to be arranged in whorls of three or four encircling taller stems. The leaves are
widest at the base (0.8 to 2.0 cm wide) and have three prominent veins. Contrary to the
common name, the leaf surfaces are smooth to the touch. The yellow flowers are 1.5 cm across
with yellow -orange anthers and occur on terminal racemes that are 3.0 to 10 cm long. Flowering
occurs from mid -May through June, with fruits (capsules) present from July through October.
Stipitate glands are usually present on most parts of the plant. This species is easily
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distinguished from Lysimachia loomisii (Loomis' yellow loosestrife) a similar southeastern species
by its broader, glandular leaves and much larger flowers" (USFWS, 2010).
USFWS (2010) further describes the species' preferred habitat, stating: "this species generally
occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins (areas
of dense shrub and vine growth usually on a wet, peaty, poorly drained soil) on moist to
seasonally saturated sands and on shallow organic soils overlaying sand. Rough -leaf loosestrife
has also been found on deep peat in the low shrub community of large Carolina bays (shallow,
elliptical, poorly drained depressions of unknown origin). The grass -shrub ecotone, where
rough -leaf loosestrife is found, is fire -maintained, as are the adjacent plant communities
(longleaf pine - scrub oak, savanna, flatwoods, and pocosin). Suppression of naturally occurring
fire in these ecotones results in shrubs increasing in density and height and expanding to
eliminate the open edges required by this plant. Several populations are known from roadsides
and power line rights -of -way where regular maintenance mimics fire and maintains vegetation
so that herbaceous species are open to sunlight" (USFWS, 2010).
Rough -leaf loosestrife is endemic to the Coastal Plain and Sandhills physiographic provinces of
North and South Carolina. Most of the populations are small, in both number of stems and total
area. In addition to the current populations, there are historical populations documented in
Beaufort, Columbus, Montgomery and Moore Counties, North Carolina, and Darlington County,
South Carolina (USFWS, 2010).
Fire suppression, wetland drainage, and residential and commercial development have altered
and eliminated habitat for this species and continue to be the most significant threats to the
continued existence of the species (USFWS, 2020d).
The NCNHP (2020) and Croatan Ranger District (CRD) have more than 30 documented
occurrences of this species within one mile of the project area. These observations do not
necessarily depict individual populations, but rather observations by different individuals at
different times. Plant -by -plant surveys throughout the areas of suitable habitat within the
project site did not reveal the presence of rough -leaf loosestrife.
2.1.1.3 Venus Flytrap
According to the USFWS (2020e), "The Venus flytrap is a small perennial herb and one of the
most widely recognized plant species on Earth. It forms a basal rosette of distinct leaves that are
attached to a short rhizome. The leaf blade consists of two kidney -shaped, hinged, sensitive
lobes up to 2.5 cm long with stiff marginal hairs to 0.8 cm long. When trigger hairs are
stimulated, the two lobes snap closed, trapping insects between them. The petioles are winged
and 2.0 to 7.0 cm long. Flowers are borne in an umbelliform cyme (short flower stalks which
spread from a common point, somewhat like umbrella ribs) at the top of a 10.0 to 30.0 cm tall
scape, with five white petals that are 1.1 to 1.3 cm long. The monecious flowers (male and
female plant parts in separate flowers on the same plant) contain one stigma and 10 to 20
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stamens. The capsule is 0.3 to 0.4 cm long. Venus flytrap flowers from May to June, and the
fruits mature in June and July" (USFWS, 2020e).
The Venus flytrap occurs in both the Coastal Plain and Sandhills physiographic regions in North
Carolina. In the Coastal Plain where it is more common, Venus flytrap occurs in wet loamy pine
savannas and sand pine savannas (USFWS, 2020e). Furthermore, USFWS (2020e) states "these
sites are generally flat with wet or moist soils for much of the year. The species rarely occurs in
seasonally flooded depressions, although it may occur along the edges of such sites. In the
Sandhills region, it is limited to narrow, moist transitional areas between streamhead pocosins
(linear, evergreen shrub bogs along small creeks and their headwaters) and longleaf pine/scrub
oak/wiregrass uplands and along the similar ecotones between Sandhill seeps and longleaf pine
uplands. Sandhill seeps are sphagnous, shrub -and -herb -dominated areas occurring in relatively
steep places where local clay soils force seepage water to the surface. Soils in these ecotonal
areas are usually highly acidic, loamy sand" (USFWS, 2020e).
Population numbers and sizes of native flytraps have declined due to a variety of factors,
including but not limited to, poaching, fire suppression, land use conversion, silviculture, and
residential and commercial development.
According to the NCNHP (2020), there are three documented occurrences of this species within
one mile of the project area, and the CRD has approximately ten potential locations mapped.
Plant -by -plant surveys were conducted in potentially suitable habitat throughout the project
area. Venus flytrap was not observed.
2.1.2 Region 8 Sensitive and Forest Concern Plant Species
All Region 8 Sensitive and Forest Concern plant species that occur or could occur within the Croatan
National Forest were also considered in this analysis. The initial list included more than 100 Sensitive
and Forest Concern plants known from Carteret County (Appendix A). Approximately one-third of these
species were excluded from further analysis due to the absence of suitable habitat and no known
individual occurrences at or immediately adjacent to the project site. Areas exhibiting suitable habitat
(from the initial desktop review) were visually surveyed using a plant -by -plant approach and
determination. Habitat was deemed suitable for 70 of the Sensitive or Forest Concern plant species that
occur or could potentially occur in Carteret County. These species are listed in Table along with their
attributes.
Table 2. Region 8 Sensitive and Forest Concern Plant Species
Scientific Name
Common Name
Forest
Status1
Habitat
Agafinis virgata
Agrostis aftissima
Andropogon mohrii
Anzio ornata
Arnogfossum ovatum var. fanceofatum
Asclepias pedicellata
branched gerardia
tall bentgrass
bog bluestem
a black -foam lichen
savanna Indian -plantain
stalked or savannah milkweed
FC
FC
FC
FC
FC
FC
Savannas
Savannas
wet savannas
Savannahs & bottomlands
Savannas
Savannas & flatwoods
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Table 2. Region 8 Sensitive and
Scientific Name
Forest Concern Plant Species Continued
Common Name
Forest
Status1
Habitat
Asplenium heteroresiliens
Calopogon multiflorus
Campylopus carolinae
Carex basiantha
Carex calcifugens
Carex emmonsii
Carex godfreyi
Carex lupuliformis
Carex wildenowii var. megarrhyncha
Cirsium lecontei
Cleistesiopsis oricamporum
Coreopsis helianthoides
Crocanthemum carolinianum
Cylindrocolea rhizantha
Cystopteris tennesseensis
Dichanthelium fusiforme
Dichanthelium hirstii
Dichanthelium sp. 9
Dichanthelium spretum
Dionaea muscipula
Eurybia spectabilis
Fissidens hallii
Helenium pinnatifidum
Hibiscus aculeatus
Kalmia cuneata
Lachnocaulon beyrichianum
Leersia lenticularis
Lejeunea bermudiana
Lobelia boykinii
Oplismenus hirtellus ssp. setarius
Oxypolis ternata
Panicum tenerum
Parnassia caroliniana
Paspalum dissectum
Peltandra sagittifolia
Pinguicula pumila
Plantago sparsiflora
Platanthera integra
Platanthera nivea
Polygala hookeri
Ponthieva racemosa
Pycnanthemum setosum
Quercus austrina
Quercus minima
Rhynchospora alba
Rhynchospora galleana
Rhynchospora oligantha
Carolina spleenwort
many -flower grass pink
savanna campylopus
widow sedge
calcium -fleeing sedge
Emmon's sedge
Godfrey's sedge
hop -like sedge
southern Willdenow's sedge
Leconte's thistle
small spreading pogonia
Beadle's coreopsis
Carolina sunrose
a liverwort
Tennessee bladder -fern
spindle -fruited witch grass
Hirst's panic grass
hidden -flowered witch grass
Eaton's witch grass
Venus flytrap
showy aster
Hall's pocket moss
dissected sneezeweed
comfortroot
white wicky
southern bogbutton
catchfly cutgrass
a liverwort
Boykin's lobelia
shortleaf basket grass
piedmont cowbane
southeastern panic grass
Carolina grass of parnassus
mudbank crown grass
spoonflower
small butterwort
pineland plantain
yellow fringeless orchid
snowy orchid
Hooker's milkwort
shadow -witch
awned mountain -mint
bluff oak
dwarf live oak
northern white beaksedge
short -bristled beaksedge
feather -bristle beakrush
Marl
Savannahs
Savannahs
Marl
Maritime & moist woods
Moist woods
Swamps
Mesic bottomlands
Marl
Savannahs
Savannahs & dry meadows
Swamps & peaty wetlands
Sandhills & dry savannahs
Marl
Marl
Sandy pine or pine -oak forests
Savannahs
Pocosins & wet meadows
Bogs & savannahs
Savannahs
Pine barrens & woodlands
Swamps
Savannahs
Bay forests & sand ridges
Pocosins
Sandhills
Moist woods
Swamps
Savannas
Bottomlands
Savannahs
Savannahs
Savannahs
Ditches
Pocosins
Savannahs
Savannahs
Savannahs
Savannahs
Savannahs
Swamps
Swamps
Mesic forest
Pine flatwoods
Pocosins
Disturbed areas
Savannahs
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Table 2. Region 8 Sensitive and Forest Concern Plant Species Continued
Scientific Name
Common Name
Forest
Status1
Habitat
Rhynchospora thornei
Scirpus lineatus
Scleria baldwinii
Scleria georgiana
Solidago gracillima
Solidago leavenworthii
Solidago pulchra
Solidago tortifolia
Solidago verna
Sphagnum fitzgeraldii
Spiranthes eatonii
Spiranthes longilabris
Stylisma pickeringii var. pickeringii
Tofieldia glabra
Tridens chapmanii
Xyris floridana
Xyris stricta
Thorne's beaksedge
drooping bulrush
Baldwin's nutrush
Georgia nutrush
graceful goldenrod
Leavenworth's goldenrod
Carolina goldenrod
twisted -leaf goldenrod
spring -flowering goldenrod
Fitzgerald's peatmoss
Eaton's ladies' -tresses
giant spiral orchid
Pickering's dawnflower
Carolina asphodel
Chapman's redtop
Florida yellow -eyed -grass
a yellow -eyed -grass
FC
FC
FC
FC
FC
FC
S
FC
S
S
FC
S
FC
S
FC
FC
FC
Savannahs
Marl
Savannahs
Savannahs
Savannahs
Savannahs
Savannahs
Savannahs & flatwoods
Pinelands
Pocosins
Savannahs
Savannahs
Road banks
Savannahs
Roadsides
Savannahs
Savannahs
1 Forest Status Listings: (S) Sensitive — Region 8 Sensitive Species List, Revised 2018 (Walker, 2020)
(FC) Forest Concern/ Locally Rare — List Maintained by the Croatan National Forest
Plant -by -plant surveys were conducted for each of these species. Two individuals of Asclepias
pedicellata (stalked or savannah milkweed) were observed in the project area and the NCNHP reports
one occurrence of this species documented within one mile of the site. The CRD has at least three
documented locations. Specific locations of stalked or savannah milkweed within the project area are
provided on Figure 3. The exact locations will be forwarded to both the NCNHP and CRD for inclusion
into their databases. In addition, the NCNHP (2020) and CRD IistAgalinis virgata (branched gerardia),
Platanthera integra (yellow fringeless orchid), and Rhynchospora macro (southern white beaksedge) as
occurring within one mile of the project area. None of these three species, nor any other Region 8
Sensitive or FC species, were observed at the project site.
2.1.3 Existing Botanical Condition and Natural Community Types
The limited natural areas present at the project site consist of variations of semi -disturbed forest. These
areas have been influenced by current land use activities. As previously mentioned, the project area is
utilized by the Town of Newport for the storage and transfer of solid waste. Some areas have been
completely manipulated from the previous natural community type while others have been, or continue
to be, disturbed on a periodic basis. As a result, the overall botanical condition is considered poor due
to current human -influenced activities, the suppression of fire, and introduction of non-native and
potentially invasive plant and wildlife species. Marginal habitat was observed for a variety of rare,
threatened, and endangered (RTE) species; however, the overall likelihood for any of these species to be
present is considered very low. The existence of anthropogenic (man-made) habitats does not usually
discount the presence of RTE species. In fact, periodic maintenance of the landscape can sometimes
mimic recurring natural disturbances such as fire regimes that some species depend on to thrive. This
maintenance is likely performed by a variety of physical and chemical control. All areas within the
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project site were visually assessed using plant -by -plant survey methodologies. Stalked or savannah
milkweed was the only plant RTE species observed.
As previously mentioned, the project site is within the Croatan National Forest, which is owned by the
US Forest Service. The project site is maintained under a long-term lease by the Town of Newport. The
Wilderness Act of 1964 designated portions of federally owned land as Wilderness. By law, these lands
are affected primarily by the forces of nature, where biological and physical processes can proceed with
little to no human intervention (TWS, 2020). The Croatan National Forest has four designated
Wilderness Areas. The project site is not within or immediately adjacent to any Wilderness Areas.
The project site is located between two State Natural Areas listed by the NCNHP (2020). These two
areas are identified as the Nine Foot Road/ Roberts Road Limesink Ponds and Hibbs Road Pine Ridges
and are both located on property owned and managed by the US Forest Service. Otherwise, there are
no additional State Natural Areas, Research Natural Areas, or botanical Special Interest Areas
recognized by the current Forest Plan (USDA, 2002a) at or immediately adjacent to the solid waste
transfer facility. Since the property is under a long-term lease with the Town of Newport and proposed
impacts are within the footprint of the area that has been set aside for current and future manipulation,
this proposal will have no effect on any significant natural areas.
2.1.4 Non -Native Invasive Plants (NNIP)
The USDA maintains a listing of NNIP for each Region. According to the USDA (2020), there are nine
species of trees, 21 species of shrubs, 11 species of vines, 14 species of herbs, ten species of grasses,
and eight aquatic plant species identified as potentially occurring in Region 8, including the Croatan
National Forest.
Several populations of high priority NNIP were found within or immediately adjacent to the project site.
These included Alternanthera philoxeroides (alligator weed), Perilla frutescens (Perilla), Murdannia keisak
(marsh dewflower), Triadica sebifera (Chinese tallow tree), Ligustrum sinense (Chinese privet), Lespedeza
cuneata (sericea lespedeza), and Lonicera japonica (Japanese honeysuckle). Treatment of these
populations is encouraged, if feasible, during project implementation.
2.2 Wildlife Vertebrate Surveys
Potentially affected vertebrate species and habitats were identified and determined by:
➢ Reviewing the list of rare (Proposed, Endangered, Threatened, At -Risk, Region 8 Sensitive,
and Forest Concern) terrestrial wildlife species of the Croatan National Forest and their
habitat preferences;
➢ Evaluating EO records of rare terrestrial wildlife as maintained by the CRD and the North
Carolina Natural Heritage Program (NCNHP, 2020);
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Conducting surveys within and immediately adjacent to the project site for suitable habitat;
and,
Surveys for individual specimens if habitat is present.
Wildlife Vertebrate species considered herein include all amphibians, birds, mammals, and reptiles.
Fish -related information is provided in Section 2.3 of this report. Wildlife surveys were conducted at
and immediately surrounding the project site by Senior Scientist and Herpetologist David Cooper.
2.2.1 Federally Listed Wildlife Vertebrate Species
As of March 9, 2020, the USFWS identifies 17 wildlife vertebrate species as potentially occurring in
Carteret County, NC (Table 3 and a full listing of wildlife vertebrate species, including both federal and
National Forest Service in Appendix B).
Table 3. Federally Endangered, Threatened, and Candidate Wildlife Vertebrate Species, Carteret County,
NC
Scientific Name Common Name
Federal Status' Record Status2
Acipenser brevirostrum3
Alligator mississippiensis
Calidris canutus rufa
Caretta caretta
Charadrius melodus
Chelonia mydas
Dermochelys coriacea
Dryobates (Picoides) borealis
Eretmochelys kempii
Haliaeetus leucocephalus
Heterodon simus
Laterallus jamaicensis spp. jamaicensis
Lepidochelys kempii
Myotis septentrionalis
Rana capito capito
Sterna dougallii dougallii
Trichechus manatus
shortnose sturgeon
American alligator
red knot
loggerhead sea turtle
piping plover
green sea turtle
leatherback sea turtle
red -cockaded woodpecker
hawksbill sea turtle
bald eagle
southern hognose snake
black rail
Kemp's Ridley sea turtle
northern long-eared bat
Carolina gopher frog
roseate tern
West Indian manatee
Endangered
Threatened (S/A)
Threatened
Threatened
Threatened
Threatened
Endangered
Endangered
Endangered
BGPA
At -Risk Species
At -Risk Species
Endangered
Threatened
At -Risk Species
Threatened
Endangered
Current
Current
Current
Current
Current
Current
Current
Current
Historical
Current
Obscure
Current
Current
Current
Current
Current
Current
1 Federal Status: Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened (S/A). Threatened due to similarity of appearance with another listed species and is listed for its
protection. Such taxa are not biologically endangered or threatened and are not subject to Section 7
Consultation.
Threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
BGPA. Bald and Golden Eagle Protection Act. (16 U.S.C. 668-668c)
At -Risk. Species that are petitioned, Candidates, or Proposed for Listing under the Endangered Species Act.
2Record Status: Current — the species has been observed in the county within the last 50 years.
Historical — unsurveyed occurrences are regarded historical after 20-40 years, the number of years
depending on the species and the amount of habitat alteration in the area.
Obscure — the date and/or location of observation is uncertain.
3Acipenser brevirostrum is a fish species, which is further discussed in Section 2.3 of this document.
Source: USFWS, 2020a
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An unofficial list was also requested from the USFWS IPaC website, which includes species and critical
habitat that should be considered under Section 7 of the Endangered Species Act at or immediately
adjacent to the project site. Animal species on that list were Myotis septentrionalis (northern long-eared
bat, NLEB), Trichechus manatus (West Indian manatee), Laterallus jamaicensis ssp.jamaicensis (eastern
black rail), Charadrius melodus (piping plover), Calidris canutus rufa (red knot), Dryobates (Picoides)
borealis (red -cockaded woodpecker), Sterna dougallii dougallii (roseate tern), Alligator mississippiensis
(American alligator), Chelonia mydas (green sea turtle), Lepidochelys kempii (Kemp's Ridley sea turtle),
Dermochelys coriacea (leatherback sea turtle), and Caretta caretta (loggerhead sea turtle). The IPaC
report did not include the following species which are on the County list: Haliaeetus leucocephalus
(bald eagle), Rana capito capito (Carolina gopher frog), Eretmochelys kempii (hawksbill sea turtle),
Acipenser brevirostrum (shortnose sturgeon), Laterallus jamaicensis spp.jamaicensis (black rail), or
Heterodon simus (southern hognose snake). All species listed in Appendix B were assessed. Critical
habitats for piping plover and loggerhead sea turtle are identified in Carteret County; however, there
are no designated critical habitats for these federally listed animal species within or immediately
adjacent to the project site.
During the field reconnaissance it was determined that the project area only provides suitable habitat
for the northern long-eared bat and marginal habitat for the red -cockaded woodpecker, Carolina
gopher frog, and southern hognose snake. The remaining species are associated with either marsh or
coastal environments, which are not present at or adjacent to the project area.
The existing NCNHP database and CRD's database identify only one federally listed species (red -
cockaded woodpecker) as occurring within one mile of the project area.
2.2.2.1 Northern Long-eared Bat (NLEB)
The USFWS, Midwest Region describes the NLEB as "a medium-sized bat with a body length of
3.0 to 3.7 in but a wingspan of 9.0 to 10.0 inches. Its fur color can be medium to dark brown on
the back and tawny to pale -brown on the underside. As its name suggests, this bat is
distinguished by its long ears, particularly as compared to other bats in its genus, Myotis"
(USFWS, 2020f). Northern long-eared bats roost either individually or in small colonies in tree
cavities, crevices, and underneath bark in both living and dead trees. In winter throughout the
Coastal Plain, they have been found utilizing similar roosts, usually in more protected locations
as the temperature nears freezing. These bats emerge at dusk and again before daylight to
feed. They eat a varied diet of living organisms including moths, flies, leafhoppers, caddisflies,
and beetles, which they catch while in flight using echolocation or by gleaning motionless
insects from vegetation (USFWS, 2020f).
Based on available occurrence records from the Croatan Ranger District and NCNHP, the NLEB is
not known to occur at or within one mile of the project area; however, it is possible that the
species occurs in low numbers within the project area as there is suitable summer habitat
nearby. Northern long-eared bats occur in low numbers naturally, even before White -Nose
Syndrome led to steep declines in cave -associated bat populations in western North Carolina
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(USFWS, 2020f). Surveys (acoustic and/or mist -net) were not conducted for this species as part
of this assessment. It is anticipated that the CRD, USFWS, and NC Wildlife Resources
Commission has data to determine this species likely absence or presence within the project
area.
As part of the 4(d) determination by the USFWS, the Forest Service is required to ensure that the
proposed activity is excepted from incidental take. This project is excepted from incidental take,
as it is not within 0.25 mile of a known NLEB hibernaculum, and it does not involve removal of
known, occupied maternity roost trees.
Although not required by the range -wide Biological Opinion (USFWS, 2076) or the Final 4(d)
Rule (FWS-R5-ES-2011-0024) for this species, any trees that need to be removed should be
assessed for NLEB habitat. Trees suitable for summer roosting habitat (i.e., those with naturally
exfoliating bark or snags in the early stages of decay and trees over four inches in diameter at
breast height (DBH)) occur within the project area. Timing tree clearing between October 15
and April 15 is expected to avoid the possibility of affecting summer roosting NLEB (USFWS,
2020f).
2.2.2.2 Red -cockaded woodpecker
The red -cockaded woodpecker (RCW) is a medium-sized woodpecker which excavates nest
cavities in live pine trees greater than 60 years in age and 10 inches in DBH. Considered a
primarily cavity nester, this woodpecker may spend from one to six years constructing a cavity
(USFWS, 2020g). Generally, this species foraging habitats include pine stands with trees typically
over 30 years in age and with an open understory and relatively dense herb layer including
Aristida stricta (wiregrass). Red -cockaded woodpeckers are communal, and a family group
occupies a "cluster" of nest trees in proximity to one another, with multiple family members
aiding in nest cavity building and rearing of young (USFWS, 2020g). Foraging typically occurs
within one half mile of the nest cluster, and birds do not generally cross large water bodies,
large areas containing dense hardwood stands, or wide roads when foraging (USFWS, 2020g).
Since this species listing under the Endangered Species Act, RCW populations have improved in
both size and number. The Croatan National Forest is among many public and private lands
managed to benefit this species, and multiple nest clusters are documented within the forest.
According to NCNHP (2020) and location data provided by Andy Walker (pers. communication,
there are two documented occurrences of this species within one mile of the project site. An
on -site habitat evaluation of pine stands at the project site was conducted on July 7, 2020. This
on -site evaluation was combined with historic aerial orthophotograph interpretation to
determine whether suitable nesting habitat occurs at or adjacent to the project site. Pine stands
within one-half mile of the project site are under 50 years in age. RCW colonies documented
within one mile of the project site are not located within one-half mile of the project, which is
the generally accepted foraging distance for the RCW.
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Two pine stands exist within the project site. Stand 1, along the western site boundary, is
approximately 7.62 acres in size and consists of loblolly pines between approximately 8 and 12
inches DBH. The understory is tall and includes many vines and invasive Chinese privet, and the
herb layer is sparse. The largest of the loblolly pine trees in this stand was cored and aged at 39
years. Stand 2, along the northeastern site boundary, is approximately 0.67 acres in size and
consists of fire -maintained loblolly and longleaf pines between approximately 6 and 9 inches
DBH. The understory of Stand 2 is low, and the herb layer is moderately dense and includes
some wiregrass. The largest of the longleaf pine trees in this stand on -site was cored and aged
at 47 years. Based on the evaluation of pine stands on -site, foraging habitat exists within the site
boundary, but nesting habitat does not. Stand 1 is considered low quality foraging habitat and
Stand 2 is considered moderate to high quality foraging habitat.
2.2.2.3 Carolina gopher frog
The Carolina gopher frog is a large frog in the family Ranidae. This species is infrequently
encountered outside of its breeding and tadpole season, which in North Carolina typically
extends from February through June. Breeding habitat for this species is typified by large,
shallow, clay -based, fish -free, open -canopied Carolina Bays, but can also include borrow pits
and artificial ponds which remain generally fish -free. Outside of the breeding season, adults take
shelter in stump holes or other underground refugia in upland areas and have been
documented to travel multiple miles between breeding and upland sites (pers. comm. with Jeff
Hall, NC Wildlife Resources Commission).
The Croatan National Forest harbors one of the few remaining populations of this species in the
state. Documented occurrences of this species exist within approximately 3.5 miles of the
proposed Newport transfer facility expansion site (NCNHP 2020). Based on an aerial
interpretation, an on -site habitat evaluation of apparent ponds within 0.6 mile of the site was
conducted on July 7, 2020. Of the nine ponds evaluated, predatory fish (sunfish species) were
documented in seven, and seven ponds were observed to be likely permanent in nature. Adult
and larval anurans including Acris gryllus (southern cricket frog), Hyla femoralis (pinewoods
treefrog), Hyla squirella (squirrel treefrog), Hyla cinerea (green treefrog), Anaxyrus terrestris
(southern toad), Lithobates catesbeianus (bullfrog), Lithobates sphenocephalus (southern leopard
frog), and Lithobates virgatipes (carpenter frog) were documented in the vicinity. It is possible
that Carolina gopher frogs may breed in one or more of the evaluated ponds within 0.6 miles of
the site.
It is unlikely that the project site harbors any Carolina gopher frogs. No breeding habitat is
located on the site. Upland habitat within the proposed expansion area was evaluated on July 7,
2020 and found to generally lack the fire -maintained longleaf pine/wiregrass sandhill habitat
this species typically inhabits. A very narrow strip of a stand of fire -maintained mixed longleaf
and loblolly pine abuts the northeastern site boundary (approx. 0.67 ac.). The remaining forested
portions of the site are comprised of swamp/riparian wetlands (approx. 2.69 ac.) and a loblolly
pine stand lacking stump holes and a vigorous herb layer (approx. 7.62 ac.).
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2.2.2.4 Southern Hognose Snake
Hognose snakes are identified by their sharply upturned snouts and their defense displays when
threatened. The NC Partners in Amphibian and Reptile Conservation (NCPARC) (2020) describes
the southern hognose snake as "very stocky and having patterns of large, dark brown blotches
on a tan or light gray background." The specialized upturned snout is used to dig out buried
prey, including frogs and toads (USFWS, 2020h). They occur in both the Coastal Plain and
Sandhills physiographic provinces of North Carolina. A range map by the USFWS depicts the
project area within a portion of Carteret County as one of the locations that this reptile is
extirpated (USFWS, 2018).
Southern hognose snakes favor open canopy habitats within Pinus palustris (longleaf pine)
ecosystems (USFWS, 2020h). Due to the fire regime associated with these systems, the
understory consists primarily of grasses. Although pines with well drained, sandy soils exist
within the project area, it is unlikely that this species is present because of ongoing
anthropogenic influences. Upland habitat within the proposed expansion area was evaluated on
July 7, 2020 and found to generally lack the fire -maintained longleaf pine/wiregrass sandhill
habitat this species typically inhabits. A very narrow strip of a stand of fire -maintained mixed
longleaf and loblolly pine abuts the northeastern site boundary (approx. 0.67 ac.). The remaining
forested portions of the site are comprised of swamp/riparian wetlands (approx. 2.69 ac.) and a
loblolly pine stand lacking a vigorous herb layer (approx. 7.62 ac.). Unfortunately, presence of
this species is commonly determined by evidence of mortality along roadways. The USFWS
(2020h) notes that "their cryptic coloration, small size, slow movement, and behavior of
remaining motionless when threatened, makes them particularly susceptible to road mortality."
No hognose snakes were observed. In addition, there are no documented occurrences of this
species by either the NCNHP or the CRD within one mile of the project area.
2.2.2 Region 8 Sensitive and Forest Concern Wildlife Vertebrate Species
All Region 8 Sensitive and Forest Concern wildlife vertebrate species that occur or could occur on the
Croatan National Forest were considered in this analysis (Appendix B). There are no known occurrences
of Region 8 Sensitive or Forest Concern wildlife vertebrate species in the project area; however, habitat
does occur. A total of 22 wildlife vertebrate species met the desktop habitat criterion requiring further
review. These species are listed below in Table 4.
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Table 4. Region 8 Sensitive and Forest Concern Wildlife Vertebrate Species.
Scientific Name
Common Name
Forest
Status1
Habitat
Amphibians
Eurycea quadridigitata
Rana capito capito*
Birds
Aimophila aestivalis
Ammodramus henslowii
Falco sparverius
Haliaeetus leucocephalus
lctinia mississippiensis
Lanius ludovicianus migrans
Mammals
Corynorhinus rafinesquii
Myotis austroriparius
Myotis lucifugus
Neotoma floridana pop. 1
Perimyotis subflavus
Synaptomys cooperi helaletes
Reptiles
Crotalus adamanteus
Crotalus horridus
Heterodon simus*
Ophisaurus attenuatus
Ophisaurus mimicus
dwarf salamander
Carolina gopher frog
Bachman's sparrow
Henslow's sparrow
American kestrel
bald eagle
Mississippi kite
migrant loggerhead shrike
Rafinesque's big -eared bat
southeastern bat
little brown bat
eastern woodrat-coastal population
tricolored bat
Dismal Swamp s. bog lemming
eastern diamondback rattlesnake
timber rattlesnake
southern hognose snake
slender glass lizard
mimic glass lizard
FC
S
S
FC
FC
BGPA
FC
S
S
S
FC
FC
S
FC
S
S
S
FC
FC
Swamps and wooded areas
Savannahs
Savannahs
Pocosins
Fields and roadsides
Wooded areas
Bottomlands
Fields
Variable
Variable
Variable
Forests
Variable
Pocosins
Savannahs
Variable
Sandhills
Fields
Savannahs
1 Forest Status Listings: (S) Sensitive — Region 8 Sensitive Species List, Revised 2020 (USDA, 2020c)
(FC) Forest Concern/ Locally Rare — List Maintained by the Croatan National Forest (USDA, 2020c)
(BGPA) — Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c)
* Denotes species addressed in a previous section of this document.
It is unlikely that the project site harbors any of the abovementioned species. Data from the NC Natural
Heritage Program and the Croatan Ranger District denotes occurrences of Bachman's sparrow within
one mile both west and east of the project site in habitats more conducive to this species. These
observations are within natural areas with active forest management. Only one other rare wildlife
vertebrate species was documented within one mile of the project site, Hemidactylium scutatum (four -
toed salamander). This species is identified as state -special concern. No other Region 8 Sensitive or FC
wildlife vertebrate species are known to occur at or immediately adjacent to the project site.
Upland habitat within the proposed expansion area was evaluated on July 7, 2020 and found to
generally lack the fire -maintained longleaf pine/wiregrass sandhill habitat that Bachman's sparrow,
Henslow's sparrow, eastern diamondback, and mimic glass lizard typically inhabit aside from a very
narrow strip of a stand of fire -maintained mixed longleaf and loblolly pine which abuts the northeastern
site boundary (approximately 0.7 acres). The remaining forested portions of the site are comprised of
swamp/riparian wetlands (approximately 2.7 acres) and a loblolly pine stand (approximately 7.6 acres).
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Other bird species such as the bald eagle, Mississippi kite, and migrant loggerhead shrike may forage
throughout the open areas; however, based on the overall amount of daily disturbance by vehicular
traffic, loud noises, military helicopters, etc., it is unlikely these species would utilize the area for nesting
habitat. No large or dominant trees suitable for bald eagle nesting are present.
Dwarf salamanders are some of the smallest salamanders in the southeastern United States, commonly
found along the margins of ponded areas in the Coastal Plain of North Carolina. Habitats consist of
pine forests and savannahs and may also include swamps and bottomland hardwood forests (NCPARC,
2020). Small invertebrates appear to be the main food source. Little is known about their terrestrial
habitat characteristics. Only marginal habitat exists for this species within the study area.
According to The Cornell Lab (2020), "the American kestrel is roughly the size and shape of a mourning
dove, although it has a larger head; longer, narrow wings; and long, square -tipped tail. In flight, the
wings are often bent, and the wingtips swept back. These falcons occupy habitats ranging from deserts
and grasslands to alpine meadows and are most likely observed perching on telephone wires along
roadsides, in open country with short vegetation and few trees" (The Cornell Lab, 2020). Areas with
continuous human disturbance are not preferred and kestrels may only utilize the project site when the
potential for human interference is low, likely only during closed facility times. This species is a year-
round resident of the Coastal Plain physiographic province of North Carolina.
Rafinesque's big -eared bat is best recognized by its large ears. The ears, when curved backwards,
resemble a ram's horns (NCBWG, 2020). They roost in a variety of habitats including trees and
buildings. The NCBWG (2020) describes the bats as "moth specialists, whose incredible agility allows
them to skim or glean insects from the surface of foliage." They also are very capable of taking prey in
flight. Summer roosting habitat within the project area may include existing buildings and mature
vegetation.
The southeastern bat occurs in bottomland habitats throughout the Coastal Plains of southeastern
states and along the Mississippi River (NCBWG, 2020). They roost in hollow Nyssa aquatica (tupelo),
Nyssa sylvatica (black gum), or Taxodium spp. (cypress) trees in bottomland forests as well as, buildings,
bridges, culverts, and other man-made structures (NCBWG, 2020). Habitat degradation and loss is one
of the main factors leading to reduced population numbers. These small, brown bats prefer habitats
near a water source (NCBWG, 2020). Summer roosting habitat is available within the project area.
Little brown bats are a well known species of bat, not territorial, and may live in colonies numbering the
hundreds of thousands of individuals (NWF, 2020). Their roost sites are variable, including a variety of
man-made structures and trees, all tending to be near swamplands and a source of water. These bats
exhibit glossy fur and range in colors from dark brown to bronze (NCBWG, 2020). They forage on
insects, with moths, caddisflies, and possibly midges (NCBWG, 2020). Summer roosting habitat is
available for this species within the project area.
The eastern woodrat (Coastal Plain population) favors floodplains and other moist hardwood forests,
especially sites that contain Saba( minor (dwarf palmetto) (LeGrand, et.al., 2020). Abandoned buildings
or man-made structures may be used as nest habitats, as well as any other natural structures providing
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protection. These nocturnal rats are scavengers, feeding on a variety of plant and animal matter. They
are highly mobile and can survive in a variety of habitat conditions.
Tricolored bats (formerly known as eastern pipistrelles) are small bats with yellowish -brown pelage
(NCBWG, 2020). They tend to hibernate in areas exhibiting constant temperatures such as caves, rock
crevices, and mines but during the summer, can be observed in forested areas. According to NCBWG
(2020), tricolored bats often forage over waterways and forest edges, feeding on moths, midges, bugs,
ants, mosquitos, and other insects. The project area exhibits summer habitat for this species.
LeGrand et.al. (2020) denotes that the Dismal Swamp southern bog lemming is very rare and its
characteristics are poorly known from Jones and Craven Counties, NC. The NC Natural Heritage
Program considers this species as significantly rare. Its habitats in Coastal Plain resemble damp, weedy
fields and recent clearcuts, canebrakes, and marshy areas (LeGrand et.al, 2020). Furthermore, this
species tends to favor areas that receive sunlight. Based on available database records, LeGrand, et.al.
(2020) does not list any records or potential observations of this species in Carteret County.
Timber rattlesnakes are found in a variety of habitats including, but not limited to savannahs, forests,
road and powerline rights -of -way. They are described as heavy -bodied snakes characterized by dark
crossbands or chevrons on a lighter background (NCPARC, 2020). Their main food source appears to
be rodents; however, as an ambush predator, they likely also forage on other small mammals, birds, etc.
Timber rattlesnakes hibernate primarily in stumps holes in the Coastal Plain. The project site offers
foraging and limited winter habitat for this species. The overall amount of human activity present
though likely reduces the potential for human encounters at or near the project area.
Although glass lizards share similarities with snakes, their eyelids are not static, and their jaws cannot
detach to allow the consumption of larger prey. The slender glass lizard's coloration varies between
brown and yellow and the species generally exhibits a dark stripe down the center of their back.
According to the University of Georgia (2020), these lizards tend to prefer drier habitats as compared
with eastern glass lizards. They are best observed under some type of debris or cover. Glass lizards eat
a variety of insects, spiders, and other invertebrates, as well as small reptiles and young rodents
(University of Georgia, 2020). Habitat exists for these species outside of the areas currently utilized by
the transfer station for day-to-day activities. No lizards were observed during the field surveys.
Based on NCNHP records, no occurrences of these species are documented within one mile of the
project site. No wildlife vertebrate individuals were observed during the site visits.
2.2.3 Migratory Birds and Management Indicator Species
The USFWS has identified birds of conservation concern (BCC) potentially occurring near the project
site. These include Falco sparverius paulus (southeastern American kestrel), Aimophila aestivalis
(Bachman's sparrow), Haliaeetus leucocephalus (bald eagle), Rynchops niger (black skimmer), Rallus
crepitans (clapper rail), Antrostomus vociferus (eastern whip -poor -will), Gelochelidon nilotica (gull -billed
tern), Ammodramus henslowii (Henslow's sparrow), Rallus elegans (king rail), Sterna antillarum (least
tern), Setophaga discolor (prairie warbler), Protonotaria citrea (prothonotary warbler), Melanerpes
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erythrocephalus (red-headed woodpecker), Gavia stellata (red -throated loon), Arenaria interpres
morinelia (ruddy turnstone), Numenius phaeopus (whimbrel), Tringa semipalmata (willet), and Hylocichla
mustelina (wood thrush). Based on suitable habitat and current operations occurring within the project
area, only seven of these species may occur at varying times throughout the year. Species -specific
details are provided below except for the American kestrel, which was previously discussed in Section
2.2.2.
Bachman's sparrows occupy the same habitat types as red -cockaded woodpeckers. They are larger
sparrows, exhibiting a large, round bill and a long, rounded tail (The Cornell Lab, 2020). Habitat areas
may include pine forests with grassy understories, trees spaced well apart, and little to no shrubs. They
are dependent on fire or other anthropogenic-related maintenance to maintain suitable habitat areas.
Marginal habitat may exist within the project area; however, due to the overall amount of continuous
human disturbance and lack of open understory areas it is unlikely that this species nests at or near the
project site.
The USFWS (2020i) describes the bald eagle as powerful, brown birds exhibiting wingspans up to eight
feet and weighing up to 14 pounds. These birds are brown until they reach four to five years in age,
and then easily recognized by the white head and white tail feathers. Bald eagles are known to feed on
carrion and steal food from other birds of prey. They generally live near water, eating fish, small birds,
mammals, and reptiles (USFWS, 2020i). Nests are very large and often reused. They are often located
in tall, dominant trees near estuaries, large lakes, and rivers. Human -related activities, disturbance, and
lack of suitable nest trees are obvious detriments to bald eagle nesting at or near the project site. No
eagles or large nests were observed during the site reconnaissance.
Henslow's sparrow is a small bird preferring thick, weedy grasslands and wetlands (The Cornell Lab,
2020). Its diet consists of both insects and seeds (Audubon, 2020). In the summer, this sparrow can be
observed foraging mainly on insects while its winter diet is seeds of weeds, grasses, and sedges
(Audubon, 2020). Nest sites are low and not easily seen by the common eye. They may be in a clump of
grass, a slight depression in the ground, and occasionally above the ground on a stem. Local
populations vary from year to year and the project site is considered within its winter range. No
individuals of Henslow's sparrow or nests similar to those described were observed within the project
area.
Audubon (2020) describes the prairie warbler as "a bird utilizing young second growth scrub and
densely overgrown fields in eastern North America, rather than open prairies. It states that such habitats
are often temporary, and colonies may shift around from year to year" (Audubon, 2020b). This species
forages mainly on insects. Their nests are usually placed within a tree (pine or hardwood) ranging up to
45 feet above the ground (Audubon, 2020). Land use changes and nest parasitism by Molothrus ater
(brown -headed cowbirds) appear to be the main factors leading to the decline in overall population
numbers. Suitable habitat exists within the project area; however, no prairie warblers were observed
during the field reconnaissance.
The Cornell Lab (2020) describes the red-headed woodpecker as a fairly large bird, with a rounded
head, short tail, and powerful spike -like bill. These birds occupy groves, farm country, orchards, shade
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trees in towns, and large scattered trees (Audubon, 2020). They avoid heavily forested areas. This
woodpecker was once a very common bird in eastern North America; however, it is now considered
uncommon in many regions (Audubon, 2020). Red-headed woodpeckers are considered opportunistic
feeders, utilizing the active capture of insects and gathering various nuts. Audubon (2020) explains
"they are considered the most omnivorous of woodpeckers with a diet ranging from a wide variety of
insects, spiders, earthworms, nuts, seeds, berries, and both wild and cultivated fruit. They sometimes
prey upon eggs and nestlings of other birds" (Audubon, 2020). Red-headed woodpeckers nest in dead
trees. Only marginal habitat exists in the project area for this species. No red-headed woodpeckers
were observed during field surveys.
The Cornell Lab (2020) claims the wood thrush fits the profile of a scaled -down Turdus migratorius
(American robin). They exhibit bold, black spots on their chest and underparts. The head is reddish -
brown on top. Foraging and nesting occur in mainly deciduous woodlands (Audubon, 2020). Their diet
consists of mostly insects and berries, including beetles, caterpillars, ants, crickets, moths, spiders,
earthworms, and snails (Audubon, 2020). Cowbird parasitism has contributed to the decline in wood
thrush population numbers. Only marginally suitable foraging habitat exists onsite for this species. No
individuals were observed during field surveys.
2.3 Wildlife Invertebrate Surveys
Potentially affected wildlife invertebrate species and habitat were identified and determined by:
➢ Reviewing the list of rare (Proposed, Endangered, Threatened, At -Risk, Region 8 Sensitive,
and Forest Concern) terrestrial wildlife species of the Croatan National Forest and their
habitat preferences;
➢ Evaluating element occurrence (EO) records of rare terrestrial wildlife as maintained by the
Croatan Ranger District and the North Carolina Natural Heritage Program (2020); and,
• Conducting surveys for suitable plant host species within and immediately adjacent to the
project site for suitable habitat.
Due to the mobility and secretive nature of many invertebrates, assessments concentrated on the
absence/ presence of host plants. These assessments were conducted by botanists Dr. Doug DeBerry
and Caitlin Cyrus.
2.3.1 Federally Listed Wildlife Invertebrate Species
There are no federally listed terrestrial invertebrate species potentially occurring in Carteret County or
the Croatan National Forest.
2.2.2 Region 8 Sensitive and Forest Concern Wildlife Invertebrate Species
All Region 8 Sensitive and Forest Concern terrestrial wildlife invertebrate species that occur or could
occur on the Croatan National Forest were considered in this analysis (Appendix B). There are no
known occurrences of Region 8 Sensitive or Forest Concern wildlife species in the project area; however,
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habitat does occur for 13 of the 20 species noted in Appendix B. These species are listed in Table 5 and
briefly described in the text following the table.
Table 5. Region 8 Sensitive and
Scientific Name
Atrytone arogos arogos
Danaus plexippus
Erynnis martialis
Hemipachnobia subporphyrea
Hesperia attalus slossonae
Lithacodia sp.
Lithophane lemmeri
Melanoplus attenuatus
Melanoplus nubilus
Papilio cresphontes
Phragmitiphila interrogans
Ptichodis bistrigata
Spariniphaga carterae
Forest Concern Wildlife Invertebrate Species
Common Name
Arogos skipper
monarch butterfly
mottled duskywing
Venus flytrap cutworm moth
dotted skipper
a bird -dropping moth
Lemmer's pinion
slender -bodied melanoplus
a short -winged melanoplus
giant swallowtail
an owlet moth
southern ptichodis
Carter's spariniphaga
Forest Status1
S
S
S
S
S
FC
FC
S
S
FC
FC
S
S
Habitat
Savannahs
Fields
Fields
Savannahs
Savannahs
Pocosins
Wetlands
Wet swales
Savannahs
Fields
Canebrakes
Savannahs
Savannahs
1 Forest Status Listings: (S) Sensitive — Region 8 Sensitive Species List, Revised 2020 (USDA, 2020c)
(FC) Forest Concern/ Locally Rare — List Maintained by the Croatan National Forest (USDA, 2020c)
The presence or likelihood of the existence of wildlife invertebrate species, including skippers, moths,
pinions, and grasshoppers are generally best determined if their host plant species are present. Several
host plants listed by Robinson et.al. (2070) were documented in the project area. They were Salix spp.
(willows), Cirsium spp. (thistles), and Andropogon virginicus (bluestem or broomsedge). There are no
records of any Region 8 Sensitive or Forest Concern wildlife invertebrate species documented at or
immediately adjacent to the project site. Data from the NCNHP (2020) and CRD denote that four state -
significantly rare species (one butterfly, two dragonflies or damselflies, and one moth) are documented
within one mile of the project area. They are Calephelis virginiensis (little metalmark), Coryphaeschna
ingens (regal darner), Triacanthagyna trifida (phantom darner), and Argyrostrotis quadrifilaris (four -lined
chocolate moth), respectively.
Arogos skippers are one of the rarest butterflies in North Carolina (Carolina Nature, 2020). The
undersides are a dull orange with pale veining and the wings are orangish contrasting with a tan
hindwing fringe (Carolina Nature, 2020). They are known to inhabit undisturbed grasslands, prairies,
sand prairies, and serpentine barrens and in North Carolina, only known from longleaf pine savannahs.
According to Carolina Nature (2020), "they are often seen sitting on top of flowers of Balduina uniflora
(yellow Balduina) which is the most common nectar source in their habitat." Other known host plants
include Andropogon gerardi (big bluestem) and other native grasses as hosts while adult food consists
of nectar from flowers of Vicia americana (purple vetch), Cirsium arvense (Canada thistle), Apocynum
cannabinum (dogbane), Coreopsis palmata (stiff coreopsis), Echinacea purpurea (purple coneflower),
Asclepias viridiflora (green milkweed), and Leucanthemum vulgare (ox-eye daisy) (Butterflies and Moths
of North America, 2020).
The monarch butterfly is one of the most recognized butterfly species in the southeast. Although
mimics do exist, these bright orange and black specimens are easy to identify. Butterflies and Moths of
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North America (2020) states that these butterflies utilize "many open habitats including fields,
meadows, weedy areas, marshes, and roadsides." Their food source is primarily nectar from milkweeds,
although other plants may be utilized when milkweeds are not present or soon to bloom. They also use
a variety of milkweeds as host plants. Suitable summer habitat is available within the project area for
this species.
The mottled duskywing is known to inhabit open woodlands, barrens, prairie hills, open brushy fields,
and chaparral (Butterflies and Moths of North America, 2020). These butterflies may exhibit a purplish
color upon emergence. Food consists of nectar from flowers of bush Houstonia, Lithospermum spp.
(gromwell), Verbena stricta (hoary vervain), and other plants while caterpillar host plants include those
of the buckthorn family, wild Syringa spp. (lilacs), and Ceanothus spp. (redroot) (Butterflies and Moths of
North America, 2020). Marginal summer habitat for this species appears to be within the project area.
The Venus flytrap cutworm moth is associated with the Venus flytrap, which occurs in longleaf pine
savannahs and flatwoods. According to Hall et.al. (2020a), the species is briefly described as "a
medium-sized, purplish to reddish brown Noctuid. Head and thorax are concolorous with the ground
color of the forewings" (Hall et.al., 2020a). It is believed that with fire suppression and poaching, many
populations of Venus flytrap no longer exist in the natural environment. Unfortunately, little further
detail is known about this species at the current time.
Butterflies and Moths of North America (2020) states that "dotted skippers are variable in color and
rarely seen. They inhabit short -grass prairies, pine barrens, and woodland meadows. The forewing is
pointed, particularly in males and the upperside is dull brownish orange with wide dark borders. The
stigma on the forewing has black felt. In females, the upperside is dark brown with pale spots and the
underside is greenish -brown to dull orange with or without small pale spots" (Butterflies and Moths of
North America, 2020). Known caterpillar host plants include Panicum virgatum (switchgrass) and
Leptoloma cognatum (fall witchgrass) while adult food consists of nectar from flowers of Opuntia sp.
(prickly pear cactus), Medicago sativa (alfalfa), thistles, and purple coneflower.
Very little, if any information is known regarding this species of bird -dropping moth. Its name is
derived by the similarity of appearance with bird droppings (Butterflies and Moths of North America,
2020). This camouflage tactic is very useful with evading predators (Butterflies and Moths of North
America, 2020). Habitat types and preferred forage items are not currently described.
Lemmer's pinion is a moth that utilizes host species including willow and Thuja occidentalis (arborvitae)
(Robinson, et.al., 2020). According to Butterflies and Moths of North America (2020), Lemmer's pinion is
found "more widely in the southeastern Piedmont and Coastal Plain" regions; however, there is very
little information available regarding identification, description, or life history.
The slender -bodied melanoplus, or locust, is a grasshopper inhibiting coastal evergreen shrub
communities feeding on a variety of shrubs, forbs, and grasses. According to Hall et.al. (2020b), "this
species has apparently not been recorded in North Carolina since the type specimens were collected in
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the 1890's." It also states that "although the immediate vicinity of Southport, NC has not been
searched, extensive grasshopper collections were made by Hall in other areas of Brunswick and
Columbus Counties and all specimens were Melanoplus nubilus" (Hall et.al., 2020b).
There are no records indicating the presence of the short -winged melanoplus at or near Carteret
County. According to Hall et.al. (2020b), specimens have only been observed in the Sandhills
physiographic province and Brunswick and Columbus Counties. This species is highly associated with
wet savannahs and sandhill seeps, where fire is still frequent (Hall et.al., 2020b).
The giant swallowtail exhibits a forewing with a diagonal band of yellow spots (Butterflies and Moths of
North America, 2020). Common host plants may include citrus species, Fraxinus spp. (ash), Ptelea
trifoliata (hop tree), and Ruta graveolens (common rue) while adults feed on nectar from Lantana spp.,
Azalea spp., Bougainvillea spp., Solidago spp. (goldenrod), Lonicera japonica (Japanese honeysuckle),
and swamp milkweed (Butterflies and Moths of North America, 2020). Summer habitat is available for
this species within the project area.
Little to no information is available about Phragmitiphila interrogans (an owlet moth) and NatureServe
Explorer (2020) identifies this moth as Franclemontia interrogans. Habitat preferences are not well
known; however, continued occurrence and/or regular reoccurrence potentials are high in and around
areas of cane, more specifically, the genus Arundinaria (NatureServe Explorer, 2020).
The southern ptichodis' habitat requirements are not well understood, since it is known to occur in all
four of the physiographic regions of North Carolina. Hall et.al. (2020a) notes that it is still considered a
dry woodlands and barrens specialist, although more information is needed to discern its host plants
and habitat relationships. The species has not been observed in Carteret County, but has been
documented in two adjacent counties.
Carter's spariniphaga is identified by the scientific name Photedes carterae in North Carolina, which
translates into a common name of Carter's noctuid moth. Hall et.al. (2020a) denotes that all species
records in NC are from the southern half of the Coastal Plain, including the Sandhills physiographic
province. It is assumed this species feeds on Calamovilfa brevipilis (pinebarrens reedgrass). The host
plant of this moth is highly dependent on fire, flowering and extensively sprouting only after a burn and
becoming completely extirpated from a site following periods of fire suppression of close to 10 years
(Hall et.al., 2020a). There are no recorded sightings of this species from Carteret County.
2.3 Aquatic Surveys (Fish and Aquatic Invertebrates)
Appendix C details fish and aquatic invertebrate species that may occur at or near the project site. A
total of ten fish types and 13 invertebrates are listed. Potentially affected fish and aquatic invertebrate
species and habitats were identified and determined by:
➢ Reviewing the list of rare (Proposed, Endangered, Threatened, Region 8 Sensitive, and Forest
Concern) terrestrial wildlife species of the Croatan National Forest and their habitat
preferences;
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➢ Evaluating EO records of rare fish and aquatic invertebrates as maintained by the Croatan
Ranger District and the North Carolina Natural Heritage Program (2020);
➢ Conducting surveys for suitable suitable habitat within and immediately adjacent to the
project site.
2.3.1 Federally Listed Fish and Aquatic Invertebrate Species
Two fish species, Acipenser brevirostrum (shortnose sturgeon) and Acipenser oxyrinchus (Atlantic
sturgeon) are listed as federally endangered for Carteret County. Suitable habitat is not present for
either of these species at or immediately adjacent to project area.
2.3.2 Region 8 Sensitive and Forest Concern Fish and Aquatic Invertebrate Species
All Region 8 Sensitive and Forest Concern fish and aquatic invertebrate wildlife species that occur or
could occur on the Croatan National Forest were considered in this analysis. There are no known
occurrences of Region 8 Sensitive or Forest Concern wildlife species in the project area. Suitable habitat
occurs for only Procambarus plumimanus (Croatan crayfish). Otherwise, there is no habitat for any of
the identified fish and aquatic invertebrate species. The NC Natural Heritage Program has an
occurrence of Notropsis chalybaeus (ironcolor shiner) within one mile of the project site. This species is
identified as state -significantly rare.
According to Hobbs Jr. (7989), the Croatan crayfish occurs in Carteret, Craven, Duplin, and Jones
Counties, North Carolina. Adults habitats consist of temporary ponds, pools, and burrows (Hobbs Jr.,
1989). Cooper and Braswell (7995) stated that this North Carolina endemic may be expanding its range
into the lower Neuse Basin via canals.
2.4 Effects to Rare Plant Species
Given the disturbed condition of the proposed project area and the proposed project, implementation
will have no effect on any federally listed, sensitive, or forest concern plant species, aside from two
individuals of stalked, or savannah, milkweed. Plant -by -plant surveys were conducted for those species
noted in Section 2.1 and revealed only stalked, or savannah, milkweed, a Forest Concern or locally rare
species. According to NatureServe (available from: explorer.natureserve.org), stalked, or savannah,
milkweed is identified as a Vulnerable (S3) species in North Carolina. However, its global status is
apparently secure, or G4. Incidental take resulting from project implementation will not jeopardize the
existence or density of the overall populations of this species.
2.4.1 Direct and Indirect Effects to Rare Plant Species
Direct effects to stalked, or savannah, milkweed where these proposed activities overlap with known
occurrences may include crushing, trampling, or uprooting, resulting in death of individual plants.
Indirect effects to plants may include partial shading, increasing and/or decreasing the amount of
moisture available to the plants, and introduction of additional early successional plant species and
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non-native species resulting in increased competition. Considering all direct and indirect effects, it is
highly likely that a viable population of stalked, or savannah, milkweed would remain within the Forest.
Cumulative Effects: Impacts to stalked, or savannah, milkweed caused by past forest management
projects during last 25 years are unknown. Currently, there are no other known projects affecting this
species across the Croatan National Forest.
Determination of Effect: The Newport Solid Waste Transfer Station Project may impact individuals of
stalked, or savannah, milkweed but is not likely to cause a trend to federal listing or a loss of viability
either locally or forest -wide.
2.5 Effects to Wildlife Species
Adverse effects resulting from project implication may occur to the NLEB and red cockaded
woodpecker. Otherwise, project implication will have no effect to federally listed wildlife species. The
project may affect, but is not likely to adversely affect both the NLEB and red -cockaded woodpecker.
Consultation with the USFWS is not required for the NLEB; however, the Forest Service must notify the
USFWS of the proposed action 30 days prior to implementation. Consultation with the USFWS is not
likely required for the RCW; however, the Forest Service will confirm the amount of foraging habitat
adversely impacted by the proposed action. Furthermore, proposed implementation is not anticipated
to affect any Region 8 Sensitive or Forest Concern terrestrial wildlife species since these species are not
known to occur within the proposed activity areas. Several host plants for wildlife invertebrate species
exist at or adjacent to the project area. In the event impacts to these plants occur, nearby seed sources
will continue to be available ultimately serving for future host opportunities. Migratory birds of
conservation concern may also occur at or immediately adjacent to the project site; however, since
these species are relatively mobile, they would not likely be impacted by project activities, and there
would be no change to forest -wide population trends.
2.5.1 Direct and Indirect Effects to Wildlife Vertebrate Species
Direct effects to the NLEB and other bat species where proposed activities overlap with suitable
roosting habitat may include total loss of habitat. Avoiding project implementation during the active
bat season (April 15 through October 15) will significantly reduce the potential to harm NLEB individuals
and other bat species.
Cumulative Effects: Impacts to NLEBs and other bat species caused by past forest management
projects during last 25 years are unknown. Currently, there are no other projects potentially
affecting this type of habitat for these species across the Croatan National Forest. With the
disease white -nose syndrome known as the main reason for overall population declines and the
variability of habitats utilized by most bat species, removal of trees at and around the project
site will not impact its overall viability.
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Determination of Effect: The Newport Solid Waste Transfer Station Project may impact habitat
utilized by the NLEB and other bat species, but is not likely to cause a trend to individual federal
listing or a loss of viability either locally or forest -wide.
Direct effects to the RCW where proposed activities overlap with suitable foraging habitat may include
total loss of foraging habitat. Based on current designs, approximately 8.4 acres of foraging habitat
may be impacted as a result of the proposed action.
Cumulative Effects: Impacts to RCWs caused by past forest management projects during last 25
years are unknown. Currently, there are no other projects potentially affecting foraging habitat
for this species across the Croatan National Forest.
Determination of Effect: The Newport Solid Waste Transfer Station Project may impact foraging
habitat utilized by the RCW, but is not likely to cause a trend to federal listing or a loss of
viability either locally or forest -wide.
2.5.2 Direct and Indirect Effects to Wildlife Invertebrate Species
Direct effects to wildlife invertebrate species where these proposed activities overlap with known
occurrences may include crushing, trampling, or uprooting, resulting in death of individual host plants.
Indirect effects to plants may include partial shading, increasing and/or decreasing the amount of
moisture available to the plants, and introduction of additional early successional plant species and
non-native species resulting in increased competition. Considering all direct and indirect effects, it is
highly likely that viable populations of suitable host plants would remain within the Forest.
Cumulative Effects: Impacts to suitable host plants caused by past forest management projects
during last 25 years are unknown. Currently, there are no other known projects affecting this
these invertebrate species across the Croatan National Forest.
Determination of Effect: The Newport Solid Waste Transfer Station Project may impact host
plants utilized by wildlife invertebrates but is not likely to cause a trend to federal listing or a
loss of viability either locally or forest -wide.
2.6 Effects to Aquatic Species
The proposed action will have no effect to federally listed aquatic species.
The proposed action will not affect any Region 8 Sensitive and Forest Concern aquatic species.
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III. PROJECT DESIGN RECOMMENDATIONS
Based on existing background information and the potential for impacts to plant and wildlife species, it
is recommended that implementation of the project occur outside of the maternity season for bats and
birds and outside of the flowering season for plants and wildlife that depend on seeds for sustenance.
A standard recommended timeline would be the six-month period from October 15 through April 15.
Since it is likely that a Section 404 and 401 environmental permit application will be needed for
unavoidable impacts to wetlands and other surface waters as part of project implementation, the
USFWS may recommend a moratorium period similar or consistent with the abovementioned dates. If
it is determined that implementation must occur between April 15 and October 15, the following
recommendations will apply:
1. Avoid clearing trees with exfoliating bark or snags in the early stages of decay to minimize
the risk of disturbing roosting bats and to protect suitable roosting habitat.
2. Avoid clearing trees with visible nests to minimize the risk of disturbing breeding birds.
3. Dispose of any debris and/or remnants from site clearing activities within a reasonable
period of time to prohibit wildlife from re -inhabiting or re -occupying these areas. This
specifically relates to piles of brush and other materials that may provide cover or offer areas
of protection for certain wildlife individuals.
An additional recommendation is the utilization of herbicide treatments prior to, during, and/or
immediately after project implementation to eradicate the existing populations of NNIP occurring at
and immediately adjacent to the project area. These species are identified in Section 2.1.4 of this
document. Any vegetation treatments should be performed by an individual(s) adequately licensed to
apply herbicides within the Croatan National Forest.
IV. MITIGATIONS
No mitigative measures are recommended to offset implementation activities of the project.
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V. WORKS CITED
Audubon, 2020. Guide to North American Birds. Available from: www.audubon.org/field-guide/bird/.
Butterflies and Moths of North America, 2020. Collecting and Sharing Data about Lepidoptera.
Available from: www.butterfliesandmoths.org/species.
Carolina Nature, 2020. Arogos Skipper. Available from: www.carolinanature.com/butterflies/
arogosskipper.html.
Cooper, J.E. and A.L. Braswell, 1995. Observations on North Carolina crayfishes (Decapoda:
Cambaridae). Brimleyana 22:87-132.
Hall, J., 2020. Personal Communication with Lane Sauls, VHB, during NC Wildlife Resources
Commission's Nongame Wildlife Advisory Committee Meetings, January and April 2020.
Hall, S.P., J.B. Sullivan, P. Backstrom, J.W. Petranka, and T. Howard, 2020a. The Moths of North Carolina
(Internet). Raleigh, NC. NC Diversity Project and NC State Parks. Available from:
https://dpr.ncparks.gov/moths.
Hall, S., E. Corey, and T. Howard, 2020b. Orthoptera of North Carolina (Internet). Raleigh, NC: North
Carolina Biodiversity Project and North Carolina State Parks. Available from:
https://dpr.ncparks.gov.
Hobbs, H.H. Jr., 1989. An illustrated checklist of the American crayfishes (Decapoda: Astacidae,
Cambaridae, and Parastacidae). Smithsonian Contributions to Zoology no. 480. 236 pp.
LeGrand, L., L. Gatens, E. Corey, and T. Howard, 2020. Mammals of North Carolina: their Distribution
and Abundance [Internet]. Raleigh (NC): North Carolina Biodiversity Project and North Carolina
State Parks. Available from: https://autho1.dpr.ncparks.gov/mammals/accounts.php.
National Wildlife Federation (NWF), 2020. Species Descriptions. Available from: nwf.org/Educational-
Resources/Wildlife-Guide/Mammals/Bats.
NatureServe Explorer, 2020. Conservation Status, Taxonomy, Distribution, and Life History Information.
Available from: www.explorer.natureserve.org.
North Carolina Bat Working Group (NCBWG), 2020. Species Information. Available from: ncbwg.org.
North Carolina Natural Heritage Program (NCNHP). 2020. North Carolina Natural Heritage Program.
Biological Conservation Data. NC: Digital Database. Report to Heather Smith, VHB, dated
August 21, 2020. Reference No. NCNHDE-12711.
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NC Partners in Amphibian and Reptile Conservation (NCPARC), 2020. Amphibians and Reptiles of North
Carolina. Available from: www.herpsofnc.org.
North Carolina State University (NCSU), 2020. College of Agriculture and Life Sciences, Plant and
Microbial Biology webpage. Available from: https://projects.ncsu.edu/cals/plantbiology/ncsc.
Peng, C. 1984. Ludwigia ravenii (Onograceae), a new species from the Coastal Plain of the southeastern
United States. Systematic Botany 9:129-132.
Robinson, G.S., P.R. Ackery, I.J. Kitching, G.W. Beccaloni, and L.M. Hernandez., 2010. HOSTS — A
Database of the World's Lepidopteran Hostplants. Natural History Museum, London. Available
from: www.nhm.ac.uk/hosts.
The Cornell Lab, 2020. All About Birds: Species Descriptions. Available from: www.allaboutbirds.org/
guide/.
United States Department of Agriculture (USDA). 2020a. Forest Service: The Southern Region. Available
from: www.fs.usda.gov/detail/r8.
University of Georgia, 2020. Slender Glass Lizard (Ophisaurus attenuatus) Description. Savannah River
Ecology Laboratory, Herpetology Program. Available from: srelherp.uga.edu/lizards/ophatt.htm.
US Department of Agriculture (USDA), 2020b. Wilderness Areas in North Carolina. Available from:
https://www.fs.usda.gov/detail/nfsnc/specialplaces/?cid=fseprd561546.
US Department of Agriculture (USDA), 2020c. National Forests in North Carolina, Federally -listed (PET),
Region 8 Sensitive, and Forest Concern Animal Species Lists. Updated January 8, 2020.
US Department of Agriculture (USDA), 2019. Biennial Monitoring Evaluation Report for the Years 2016
and 2017, Uwharrie National Forest, Croatan National Forest, Uwharrie Ranger District, Croatan
Ranger District. US Forest Service. 111 pp.
US Department of Agriculture (USDA), 2002a. Croatan Land and Resource Management Plan, Forest
Plan Appendices. US Forest Service, Southern Region. 121 pp.
US Department of Agriculture (USDA), 2002b. Revised Land and Resource Management Plan for the
Croatan National Forest, Carteret, Craven, and Jones Counties of North Carolina. US Forest
Service. 142 pp.
US Department of Agriculture (USDA), 2019. US Forest Service, National Forests in North Carolina
Croatan Ranger District. Letter to Bobby Darden, Executive Director, Coastal Environmental
Partnership. File Code 2710. April 23.
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US Fish and Wildlife Service (USFWS), 2020a. Endangered Species, Threatened Species, Federal Species
of Concern, and Candidate Species, Carteret County, NC. Updated March 9, 2020. Available
from: www.fws.gov/Raleigh/species/cntylist/Carteret.html.
US Fish and Wildlife Service (USFWS), 2020b. Informal data inquiry via the Information for Planning and
Consultation (IPaC) resource listing. 17 pp. Available from: www.ecos.fws.gov/ipac.
US Fish and Wildlife Service (USFWS), 2020c. Species Information. Raleigh Ecological Service Field
Office. Available from: www.fws.gov/raleigh.
US Fish and Wildlife Service (USFWS), 2020d. Fact Sheets. Available from: www.fws.gov/southeast/
wildlife.
US Fish and Wildlife Service (USFWS), 2020e. Southeastern Plant Information, Venus Flytrap. Available
from: www.fws.gov/ southeast/wildlife/plants/venus-flytrap/.
US Fish and Wildlife Service (USFWS), 2020f. US Fish and Wildlife Service, Midwest Region Endangered
Species webpage. Available from:
www.fws.gov/Midwest/endangered/mammals/nleb/index.html.
US Fish and Wildlife Service (USFWS), 2020g. US Fish and Wildlife Service Red -cockaded Woodpecker
Recovery. Available from: www.fws.gov/rcwrecovery/rcw.html.
US Fish and Wildlife Service (USFWS), 2020h. US Fish and Wildlife Service Southern Hognose Snake
(Heterodon simus) Species Profile. Available from:
www.fws.gov/southeast/wildlife/reptiles/southern-hognose-snake/.
US Fish and Wildlife Service (USFWS), 2020i. Bald and Golden Eagle Management Plan. Available from:
www.fws.gov/birds/management/managed-species/bald-and-golden-eagle-information.php.
US Fish and Wildlife Service (USFWS), 2018. Map/Data for Southern Hognose Snake (Heterodon simus)
SSA December 2018. Available from: www.fws.gov/southeast/pdf/map/southern-hognose-
sna ke-ssa-m a p-20190325 jpg.
US Fish and Wildlife Service (USFWS), 2017. Raven's Seedbox. Conserving South Carolina's At -Risk
Species. Available from: www.fws.gov/Charleston.
United States Fish and Wildlife Service (USFWS). 2016. Department of the Interior, Fish and Wildlife
Service, 50 CFR 17, Docket No. FWS-R5-ES-2011-0024; 4500030113, RIN 1018-AY98,
Endangered and Threatened Wildlife and Plants; 4(d) Rule for the Northern Long -Eared Bat.
Available from:
www.fws.gov/Midwest/endangered/mammals/nleb/pdf/FRnlebFinal4dRule14Jan2016.
pdf.
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US Fish and Wildlife Service (USFWS), 2010. Raleigh Ecological Services Field Office description of
rough -leaf loosestrife. Originally described by M.F. Buchanan and J.T. Finnegan in the NC
Natural Heritage Program's List of the Rare Species of North Carolina. Available from:
www.fws.gov/Raleigh/es_rough-leaf_loosestrife.html.
Walker, A., 2020a. National Forests in North Carolina, Updated Species List of PET, S, and FC Species.
Provided via emails to Lane Sauls, VHB on May 29 and October 8, 2020.
Walker, A., 2020b. Personal Communication with Lane Sauls, VHB, multiple dates between May and
October, 2020.
The Wilderness Society (TWS), 2020. Available from: www.wilderness.org
This document was prepared by:
„fiam/---4-
G. Lane Sauls Jr., Natural Resources Manager
VHB Engineering NC, PC
with assistance from:
David Cooper, Senior Environmental Scientist, VHB
Doug DeBerry, Ph.D., Botanist, VHB
Heather Smith, LSS, Soil Scientist, VHB
Caitlin Cyrus, Environmental Scientist, VHB
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Page 31
Biological Evaluation/ Biological Assessment

Circle P Farm
Airport
[ ROATAN'NATIONAL FO
4010::
-INNEw‘f
Vicinity Map
CEP - Newport Solid Waste Facility Proposed Expansion
Carteret County, North Carolina
September 2020
2013 USGS Quadrangle Masontown, NC
Figure
1

•
`�/f..„.:....vhb
Proposed Expansion Area
CEP - Newport Solid Waste Facility Proposed Expansion
Carteret County, North Carolina
September 2020
2016 NC Onemap
NCDOT Carteret County Contours
N
Figure
3

Locations of Asclepias pedicellata
CEP - Newport Solid Waste Facility Proposed Expansion
Carteret County, North Carolina
September 2020
2016 NC Onemap
NCDOT Carteret County Contours
N
Figure
3

Appendix A — Plant Species Considered forAnalysis
Species
Aeschynomene virginica
Agalinis virgata
Agrostis altissima
Amaranthus pumilus
Andropogon mohrii
Anzio ornata
Arenaria lanuginosa ssp. lanuginosa
Arnoglossum ovatum var. lanceolatum
Asclepias pedicellata
Asplenium heteroresiliens
Calopogon multiflorus
Campylopus carolinae
Cardamine longii
Carex basiantha
Carex calcifugens
Carex emmonsii
Carex godfreyi
Carex lupuliformis
Carex willdenowii var. megarrhyncha
Cirsium lecontei
Cladium mariscoides
Cleistesiopsis oricamporum
Clematis catesbyana
Corallorhiza wisteriana
Common Name
Sensitive jointvetch
Branched gerardia
Tall Bentgrass
Seabeach amaranth
Bog bluestem
A black -foam Lichen
Spreading Sandwort
Savanna Indian -
plantain
Stalked milkweed
Carolina spleenwort
Many -flower grass pink
Savanna campylopus
Long's bittercress
Widow Sedge
Calcium -fleeing Sedge
Emmon's Sedge
Godfrey's Sedge
Hop -like Sedge
Southern Willdenow's
sedge
Leconte's Thistle
Twig -rush
Small spreading
pogonia
Coastal Virgin's -bower
Spring coral -root
Forest Status1
Threatened
Locally Rare
Locally Rare
Threatened
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Sensitive
Sensitive
Sensitive
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Suitable Habitat
Determination
and/or Survey
Required
No
Yes
Yes
No
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
No
No
Habitat
Marshes
Savannas
Savannas
Coastal
wet savannas
Savannahs &
bottomlands
Maritime
Savannahs
Savannas &
flatwoods
Marl
Savannahs
Savannahs
Marshes
Marl
Maritime & moist
woods
Moist woods
Swamps
Mesic bottomlands
Marl
Savannahs
Bogs
Savannahs & dry
meadows
Dunes & maritime
forests
Maritime forests
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix A - Page 1
Biological Evaluation/ Biological Assessment

Species
Coreopsis helianthoides
Crocanthemum carolinianum
Cylindrocolea rhizantha
Cystopteris tennesseensis
Dichanthelium fusiforme
Dichanthelium hirstii
Dichanthelium sp. 9
Dichanthelium spretum
Dionaea muscipula
Eleocharis parvula
Eleocharis robbinsii
Eleocharis rostellata
Elymus virginicus var. halophilus
Eriocaulon aquaticum
Eurybia spectabilis
Fissidens hallii
Frullania donnellii
Helenium pinnatifidum
Hibiscus aculeatus
lsoetes microvela
Kalmia cuneata
Lachnocaulon beyrichianum
Leersia lenticularis
Lejeunea bermudiana
Lejeunea dimorphophylla
Litsea aestivalis
Common Name
Beadle's Coreopsis
Carolina Sunrose
a liverwort
Tennessee bladder -fern
Spindle -fruited Witch
Grass
Hirst's panic grass
Hidden -flowered Witch
Grass
Eaton's Witch Grass
Venus flytrap
Littlespike Spikerush
Robbins's Spikerush
Beaked Spikerush
Terrell Grass
Seven -angled Pipewort
Showy Aster
Hall's pocket moss
a liverwort
Dissected sneezeweed
Comfortroot
Qu i l lwo rt
White wicky
Southern bogbutton
Catchfly Cutgrass
a liverwort
a liverwort
Pondspice
Forest Status1
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
At -Risk
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Sensitive
Sensitive
Locally Rare
Locally Rare
Sensitive
Sensitive
Sensitive
Locally Rare
Locally Rare
Sensitive
Sensitive
Suitable Habitat
Determination
and/or Survey
Required
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
Yes
Yes
No
Yes
Yes
No
Yes
Yes
Yes
Yes
No
No
Habitat
Swamps & peaty
wetlands
Sandhills & dry
savannahs
Marl
Marl
Sandy pine or pine -
oak forests
Savannahs
Pocosins & wet
meadows
Bogs & savannahs
Savannahs
Marshes
Ponds & lakes
Marshes
Marshes & maritime
forests
Lake margins
Pine barrens &
woodlands
Swamps
Marshes
Savannahs
Bay forests & sand
ridges
Riverbanks
Pocosins
Sandhills
Moist woods
Swamps
Maritime forests
Ponds
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix A - Page 2
Biological Evaluation/ Biological Assessment

Species
Lobelia boykinii
Ludwigia alata
Ludwigia linifolia
Ludwigia ravenii
Ludwigia sphaerocarpa
Lysimachia asperulifolia
Macbridea caroliniana
Malaxis spicata
Metzgeria uncigera
Mononeuria paludicola
Myriophyllum laxum
Nuphar sagittifolia
Oplismenus hirtellus ssp. setarius
Oxypolis ternata
Panicum tenerum
Parietaria praetermissa
Parnassia caroliniana
Paspalum dissectum
Peltandra sagittifolia
Persicaria hirsuta
Pinguicula pumila
Pfagiochila ludoviciana
Pfagiochila miradorensis miradorensis
Plantago sparsiflora
Platanthera integra
Platanthera nivea
Common Name
Boykin's lobelia
Winged Seedbox
Flaxleaf Seedbox
Raven's seedbox
Globe -fruit Seedbox
Rough -leaf loosestrife
Carolina Birds -in -a -nest
Florida adder's mouth
a liverwort
Godfrey's sandwort
Loose watermilfoil
Narrowleaf cowlily
Shortleaf Basket Grass
Piedmont cowbane
Southeastern panic
grass
Large -seed pellitory
Carolina grass of
parnassus
Mudbank Crown Grass
Spoonflower
Hairy smartweed
Small butterwort
a Iiverwort
a Iiverwort
Pineland plantain
Yellow fringeless orchid
Snowy orchid
Forest Status1
Locally Rare
Locally Rare
Locally Rare
At -Risk
Locally Rare
Endangered
Locally Rare
Locally Rare
Locally Rare
Sensitive
Sensitive
Sensitive
Locally Rare
Sensitive
Locally Rare
Locally Rare
Sensitive
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Sensitive
Locally Rare
Suitable Habitat
Determination
and/or Survey
Required
Yes
No
No
Yes
No
Yes
No
No
No
No
No
No
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
No
No
Yes
Yes
Yes
Habitat
Savannas
Marshes
Ponds
Savannahs
Marshes
Ecotones
Swamps
Swamps
Maritime forests
Marshes
Ponds
Water
Bottomlands
Savannahs
Savannahs
Maritime
Savannahs
Ditches
Pocosins
Water
Savannahs
Maritime
Maritime
Savannahs
Savannahs
Savannahs
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix A - Page 3
Biological Evaluation/ Biological Assessment

Species
Polygala hookeri
Ponthieva racemosa
Pycnanthemum setosum
Quercus austrina
Quercus minima
Rhexia aristosa
Rhexia cubensis
Rhynchospora alba
Rhynchospora galleana
Rhynchospora harperi
Rhynchospora macro
Rhynchospora microcarpa
Rhynchospora oligantha
Rhynchospora pleiantha
Rhynchospora scirpoides
Rhynchospora thornei
Sagittaria chapmanii
Sagittaria weatherbiana
Schoenoplectus etuberculatus
Scirpus lineatus
Scleria baldwinii
Scleria georgiana
Solidago gracillima
Solidago leavenworthii
Solidago pulchra
Common Name
Hooker's milkwort
Shadow -witch
Awned Mountain -mint
Bluff Oak
Dwarf live oak
Awned meadow -beauty
West Indian meadow
beauty
Northern White
Beaksedge
Short -bristled
Beaksedge
Harper's Beaksedge
Southern White
Beaksedge
Southern Beaksedge
Feather -bristle
beakrush
Coastal beaksedge
Long -beak bald -sedge
Thorne's beaksedge
Chapman's arrowhead
Grassleaf arrowhead
Canby's bulrush
Drooping bulrush
Baldwin's nutrush
Georgia nutrush
Graceful goldenrod
Leavenworth's
goldenrod
Carolina goldenrod
Forest Status1
Sensitive
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Sensitive
Locally Rare
Sensitive
Locally Rare
Locally Rare
Sensitive
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Sensitive
Suitable Habitat
Determination
and/or Survey
Required
Yes
Yes
Yes
Yes
Yes
No
No
Yes
Yes
No
No
No
Yes
No
No
Yes
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Habitat
Savannahs
Swamps
Swamps
Mesic forest
Pine flatwoods
Ponds
Ponds
Pocosins
Disturbed areas
Ponds
Bogs
Ponds
Savannahs
Ponds
Ponds
Savannahs
Ponds
Marshes
Ponds
Marl
Savannahs
Savannahs
Savannahs
Savannahs
Savannahs
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix A - Page 4
Biological Evaluation/ Biological Assessment

Species
Solidago tortifolia
Solidago verna
Solidago villosicarpa
Sphagnum fitzgeraldii
Sphagnum torreyanum
Spiranthes eatonii
Spiranthes longilabris
Stylisma pickeringii var. pickeringii
Teloschistes flavicans
Thalictrum macrostylum
Tofieldia glabra
Tridens chapmanii
Utricularia olivacea
Xyris floridana
Xyris stricta
1 Forest Status Listings:
Sources:
Common Name
Twisted -leaf goldenrod
Spring -flowering
goldenrod
Coastal goldenrod
Fitzgerald's peatmoss
Giant peatmoss
Eaton's Ladies' -tresses
Giant spiral orchid
Pickering's Dawnflower
Sunrise lichen
Piedmont meadowrue
Carolina asphodel
Chapman's Redtop
Dwarf bladderwort
Florida Yellow -eyed -
grass
A yellow -eyed -grass
Forest Status1
Locally Rare
Sensitive
Locally Rare
Sensitive
Locally Rare
Locally Rare
Sensitive
Locally Rare
Locally Rare
Locally Rare
Sensitive
Locally Rare
Locally Rare
Locally Rare
Locally Rare
Suitable Habitat
Determination
and/or Survey
Required
Yes
Threatened, Endangered, and At -Risk — Federally Listed Species
Sensitive — Region 8 Sensitive Species List, Revised 2018
Locally Rare — List Maintained by the Croatan National Forest
Additional Abbreviations: BGPA — Bald and Golden Eagle Protection Act
E-XN — Endangered with Experimental Population
Croatan National Forest Rare Plant List 2018
Croatan Land and Resource Management Plan, USDA USFS, December 2002.
USFS Information for Planning and Consultation (IPaC), updated July 16, 2020
Yes
No
Yes
No
Yes
Yes
Yes
No
No
Yes
Yes
No
Yes
Yes
Habitat
Savannahs &
flatwoods
Pinelands
Maritime
Pocosins
Ponds
Savannahs
Savannahs
Roadbanks
Maritime
Bogs
Savannahs
Roadsides
Ponds
Savannahs
Savannahs
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix A - Page 5
Biological Evaluation/ Biological Assessment

Appendix B — Wildlife Vertebrate and Invertebrate Species Considered
for Analysis
Species
Amphibians
Necturus lewisi
Eurycea quadridigitata
Rana capito capito
Birds
Aimophila aestivalis
Ammodramus henslowii
Anhinga anhinga
Botaurus lentiginosus
Calidris canutus rufa
Charadrius melodus
Circus hudsonius
Coturnicops noveboracensis
Falco peregrinus
Falco sparverius
Haliaeetus leucocephalus
Himantopus mexicanus
lctinia mississippiensis
Lanius ludovicianus migrans
Laterallus jamaicensis ssp.jamaicensis
Phalacrocorax auritus
Dryobates (Picoides) borealis
Sterna dougallii dougallii
Common Name
Neuse River waterdog
Dwarf salamander
Carolina gopher frog
Bachman's sparrow
Henslow's sparrow
Anhinga
American bittern
Red knot
Piping plover
Northern harrier
Yellow rail
Peregrine falcon
American kestrel
Bald eagle
Black -necked stilt
Mississippi kite
Migrant loggerhead
shrike
Eastern black rail
Double -crested
cormorant
Red -cockaded
woodpecker
Roseate tern
Forest Status1
Locally Rare
Forest Concern
Sensitive
Sensitive
Locally Rare
Locally Rare
Locally Rare
Threatened
Threatened
Locally Rare
Locally Rare
Forest Concern
Forest Concern
Forest Concern
Locally Rare
Locally Rare
Sensitive
At -Risk
Locally Rare
Endangered
Endangered
Suitable Habitat
Determination
and/or Survey
Required
No
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
Yes
Yes
No
Yes
Yes
No
No
Habitat Only
No
Habitat
Water
Swamps, wooded
areas
Savannahs
Savannahs
Pocosins
Water
Water
Coastal
Coastal
Marshes
Marshes
Open areas with high
perch locations
Fields
Wooded areas
Ponds
Bottomlands
Fields
Marshes
Lakes
Savannahs
Coastal
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix B - Page 1
Biological Evaluation/ Biological Assessment

Species
Insects
Atrytone arogos arogos
Baetisca laurentina
Callophrys irus
Danaus plexippus
Erynnis martialis
Euphyes berryi
Euphyes bimacula
Euphyes dukesi dukesi
Hemipachnobia subporphyrea
Hesperia attalus slossonae
Lithacodia sp.
Lithophane lemmeri
Melanoplus attenuatus
Melanoplus nubilus
Meropleon diversicolor sullivani
Papilio cresphontes
Phragmitiphila interrogans
Ptichodis bistrigata
Pyreferra ceromatica
Spariniphaga carterae
Common Name
Arogos skipper
A mayfly
Frosted elfin
Monarch butterfly
Mottled duskywing
Berry's skipper
Two -spotted skipper
Duke's skipper
Venus flytrap cutworm
moth
Dotted skipper
A bird -dropping moth
Lemmer's pinion
Slender -bodied
melanoplus
A short -winged
melanoplus
An owlet moth
Giant swallowtail
An owlet moth
Southern ptichodis
Annointed sallow moth
Carter's spariniphaga
Forest Status1
Sensitive
Locally Rare
Sensitive
Sensitive
Sensitive
Locally Rare
Locally Rare
Sensitive
Sensitive
Sensitive
Locally Rare
Locally Rare
Sensitive
Sensitive
Locally Rare
Forest Concern
Locally Rare
Sensitive
Locally Rare
Sensitive
Suitable Habitat
Determination
and/or Survey
Required
Habitat
Yes Savannahs
No Water
No Open woods
Yes Fields
Yes Fields
No Ponds
No Marshes
No Marshes
Yes Savannahs
Yes Savannahs
Yes Pocosins
Yes Wetlands
Yes Wet swales
Yes Savannahs
No Marshes
Yes Fields
Yes Canebrakes
Yes Savannahs
No Near streams
Yes Savannahs
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix B - Page 2
Biological Evaluation/ Biological Assessment

Species
Mammals
Canis rufus
Corynorhinus rafinesquii
Myotis austroriparius
Myotis lucifugus
Myotis septentrionalis
Neotoma floridana pop. 1
Perimyotis subflavus
Puma concolor couguar
Synaptomys cooperi helaletes
Trichechus manatus
Reptiles
Alligator mississippiensis
Caretta caretta
Chelonia mydas
Crotalus adamanteus
Crotalus horridus
Dermochelys coriacea
Heterodon simus
Lepidochelys kempii
Common Name
Red wolf
Rafinesque's big -eared
bat
Southeastern bat
Little Brown bat
Northern long-eared
bat
Eastern woodrat-
coastal population
Tricolored bat
Eastern cougar
Dismal Swamp S. bog
lemming
West Indian manatee
American alligator
Loggerhead sea turtle
Green sea turtle
Eastern diamondback
rattlesnake
Timber rattlesnake
Leatherback sea turtle
Southern hognose
snake
Kemp's Ridley sea turtle
Forest Status'
E-XN
Sensitive
Sensitive
Forest Concern
Threatened
Locally Rare
Sensitive
Endangered
Rare
Endangered
Threatened due
to Similarity of
Appearance
Threatened
Threatened
Sensitive
Forest Concern
Endangered
Sensitive
Endangered
Suitable Habitat
Determination
and/or Survey
Required
No
Habitat Only
Habitat Only
Habitat Only
Habitat Only
Yes
Habitat Only
No
Yes
No
No
No
No
Yes
Yes
No
Yes
No
Habitat
Swamps
Variable
Forests
Forests
Forests
Forests
Forests
Remote Locations
Pocosins
Maritime
Water
Coastal
Coastal
Savannahs
Variable
Coastal
Sandhills
Coastal
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix B - Page 3
Biological Evaluation/ Biological Assessment

Species
Nerodia sipedon williamengelsi
Ophisaurus attenuatus
Ophisaurus mimicus
Seminatrix pygaea
1 Forest Status Listings:
Sources:
Common Name
Carolina salt marsh
snake
Slender glass lizard
Mimic glass lizard
Black swampsnake
Forest Status1
Sensitive
Forest Concern
Forest Concern
Locally Rare
Threatened & Endangered — Federally Listed Species
Sensitive — Region 8 Sensitive Species List, Revised 2020
Forest Concern — Region 8 Forest Concern List, Revised 2020
Locally Rare — List Maintained by the Croatan National Forest
Additional Abbreviations: BGPA — Bald and Golden Eagle Protection Act
E-XN — Endangered with Experimental Population
PT — Proposed Threatened
Croatan National Forest Rare Plant List 2020
Croatan Land and Resource Management Plan, USDA USFS, December 2002.
National Forests in NC, Federally Listed (PET) Animal Species List, 2020
USFS Information for Planning and Consultation (IPaC), updated July 16, 2020
Suitable Habitat
Determination
and/or Survey
Required
No
Yes
Yes
No
Habitat
Marshes
Fields
Savannah
Ponds
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix B - Page 4
Biological Evaluation/ Biological Assessment

Appendix C — Fish and Aquatic Invertebrate Species Considered for
Analysis
Species
Fish
Acipenser brevirostrum
Acipenser oxyrinchus
Eleotris pisonis
Evorthodus lyricus
Hypsoblennius ionthas
Lampetra aepyptera
Lythrurus matutinus
Notropsis bifrenatus
Noturus furiosus
Semotilus lumbee
Invertebrates
Alasmidonta undulata
Elliptio roanokensis
Ferrissia hendersoni
Fusconaia masoni
Lampsilis radiata radiata
Lampsilis species 2
Lasmigona subviridis
Lynceus gracilicornis
Orconectes carolinensis
Panopea bitruncata
Procambarus medialis
Common Name
Forest Status1
Shortnose sturgeon Endangered
Atlantic sturgeon Endangered
Spinycheek sleeper Locally Rare
Lyre goby Locally Rare
Freckled blenny Locally Rare
Least brook lamprey Sensitive
Pinewoods shiner Locally Rare
Bridle shiner Sensitive
Carolina madtom Sensitive
Semotilus Sensitive
Triangle floater Locally Rare
Roanoke slabshell Sensitive
Blackwater ancylid Locally Rare
Atlantic pigtoe Sensitive
Eastern lampmussel Locally Rare
A bivalve Locally Rare
Green floater Sensitive
Graceful clam shrimp Locally Rare
NC spiny crayfish Locally Rare
Atlantic geoduck Locally Rare
Tar River crayfish Sensitive
Suitable Habitat
Determination
and/or Survey
Required
Habitat
No Water
No Water
No Water
No Water
No Water
No Water
No Water
No Water
No Water
No Water
No Water
No Water
No Lake margins
No Water
No Water
No Water
No Water
N o Water
N o Water
No Water
No Water
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix C - Page 1
Biological Evaluation/ Biological Assessment

Species
Procambarus plumimanus
Strophitus undulatus
Toxolasma pullus
Common Name
Croatan crayfish
Squawfoot
Savannah Lilliput
Forest Status1
Locally Rare
Locally Rare
Sensitive
Suitable Habitat
Determination
and/or Survey
Required
No
1 Forest Status Listings: Threatened & Endangered — Federally Listed Species
Sensitive — Region 8 Sensitive Species List, Revised 2020
Forest Concern — Region 8 Forest Concern List, Revised 2020
Locally Rare — List Maintained by the Croatan National Forest
Additional Abbreviations: BGPA — Bald and Golden Eagle Protection Act
E-XN — Endangered with Experimental Population
PT — Proposed Threatened
Sources: Croatan National Forest Rare Plant List 2018
Croatan Land and Resource Management Plan, USDA USFS, December 2002.
National Forests in NC, Federally Listed (PET) Animal Species List, 2020
USFS Information for Planning and Consultation (IPaC), updated July 16, 2020
No
No
Habitat
Water
Water
Water
CEP - Newport Solid Waste Transfer Facility Proposed Expansion Appendix C - Page 2
Biological Evaluation/ Biological Assessment

Appendix D — USFWS IPaC Report

7/16/2020 IPaC: Explore Location
IPaC
U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magriitucie and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section
that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NW Wetlands) for
additional information applicable to the trust resources addressed in that section.
Location
Carteret County, North Carolina
pn
Local office
Raleigh Ecological Services Field Office
t. [phone]
I [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
https://ecos.fws.gov/ipac/location/W36CC2VHYRDUTAUVY3RGRRIAC4/resources 1/17

7/16/2020 IPaC: Explore Location
Raleigh, NC 27606-1487
F
O�
cp03
https://ecos.fws.gov/ipac/location/W36CC2VHYRDUTAUVY3RGRRIAC4/resources 2/17

7/16/2020 IPaC: Explore Location
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
project level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near
the project area. To fully determine any potential effects to species, additional site -specific and
project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can
only be obtained by requesting an official species list from either the Regulatory Review section in
IPaC (see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the iPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species1 and their critical habitats are managed by the Ecological Services Program of the U.S.
Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries``-').
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information.
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
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Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9o45
Threatened
West Indian Manatee Trichechus manatus Threatened
There is final critical habitat for this species. Your location is outside Marine mammal
the critical habitat.
https://ecos.fws.gov/ecp/species/4469
Birds
NAME
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis
No critical habitat has been designated for this species.
htttps://ecos.fws.gov/ecp/ pecies/10477
STATUS
Proposed Threatened
Piping Plover Charadrius melodus Threaten
There is final critical habitat for this species. Your location is outside
the critical habitat.
https://ecos.fws.gov/ecp/species/6039
\••)\...
Red Knot Calidris canutus rufa
No critical habitat has been designated for this species.
https://ecos.fvvs.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
https://ecosfws.gov/ecp/species/7614
Roseate Tern Sterna dougallii dougailii
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2083
Reptiles
NAME
American Alligator Alligator mississippiensis
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Green Sea Turtle Chelonia mydas
There is final critical habitat for this species. Your location is outside
the critical habitat.
https://ecos.fws.gov/ecp/species/6199
Threatened
Endangered
Endangered
STATUS
SAT
Threatened
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Kemp's Ridley Sea Turtle Lepidochelys kempii
There is proposed critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
There is final critical habitat for this species. Your location is outside
the critical habitat.
https://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
There is final critical habitat for this species. Your location is outside
the critical habitat.
https://ecos.fws.gov/ecpipeci es/1110
Flowering Plants
NAME
Rough -leaved Loosestrife Lysimachia asperulaefolia
No critical habitat has been designated for this species.
https://ecos.fws,gov/ecp/species/2747
5eabeach Amaranth Amaranthus pumilus
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8549
Endangered
Endangered
Threatened
STATUS
Endangered
Threatened
a)N(4%. -
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION,
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act a and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
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Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/ma nagement/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ
below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area. To see exact locations of where birders and the general
public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:
enter your location, desired date range and a species on your list). For projects that occur off the
Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird
species on your list are available. Links to additional information about Atlantic Coast birds, and
other important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your
project area.
NAME
FOB
American Kestrel Falco sparverius paulus
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Bachman's Sparrow Aimophila aestivalis
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/6177
BREEDING SEASON (IFA
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
BIRD MAY BREED IN YOUR
PROJECT AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH 15 A VERY LIBERAL
ESTIMATE OF THE DATES INSIDE
WHICH THE BIRD BREEDS
ACROSS ITS ENTIRE RANGE.
"BREEDS ELSEWHERE" INDICATES
THAT THE BIRD DOES NOT LIKELY
BREED IN YOUR PROJECT AREA.)
Breeds Apr 1 to Aug 31
Breeds May 1 to Sep 30
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Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1626
Black Skimmer Rynchops niger
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/5234
Clapper Rail Rallus crepitans
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (SCRs) in the continental USA
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Gull -billed Tern Gelochelidon nilotica
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9501
C)\‘
i
Henslow's Sparrow Ammodramus henslowil
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/3941
etaii
King Rail Rallus elegans
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8936
Least Tern Sterna antillarum
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds Sep 1 to Jul 31
Breeds May 20 to Sep 15
Breeds Apr 10 to Oct 31
r)\\
Breeds May 1 to Aug 20
Breeds May 1 to Jul 31
Breeds May 1 to Aug 31
Breeds May 1 to Sep 5
Breeds Apr 20 to Sep 10
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
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Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Red -throated Loon Gavia stellata
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
RuddyTurnstone Arenaria interpres morinella
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Breeds May 10 to Sep 10
Breeds elsewhere
Breeds elsewhere
Whimbrel Numenius phaeopus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska,
https:I/e cos .fws.govlecp/s peci e s19483 0\644
Wiilet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
•
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds, Please make sure you read and understand the FAQ
"Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to
interpret this report.
Breeds Apr 20 to Aug 5
Breeds May 10 to Aug 31
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week months.)
A taller bar indicates a higher probability of species presence. The survey effort (see below) can be
used to establish a level of confidence in the presence score. One can have higher confidence in the
presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in the
week where the species was detected divided by the total number of survey events for that
week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was
found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of presence
is calculated. This is the probability of presence divided by the maximum probability of presence
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across all weeks. For example, imagine the probability of presence in week 20 for the Spotted
Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any
week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is
0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its
entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey Effort (I)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Ammo
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on all
years of available data, since data in these areas is currently much more sparse.
SPECIES JAN
American Kestrel
BCC - BCR (This is a
Bird of Conservation_
Concern (BCC) only in
particular Bird
Conservation Regions
(SCRs) in the
continental USA)
Bachman's
Sparrow
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
icI,
probability of presence breeding season I survey effort -- no data
Arrr MAY )UN .1UL AUG =;=P OCT `J(TN E.,r-c
11- 1111 MI ail
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2:nBCCgiVulnerable 11111 1111 1111 1111 1111 1111 ++ —III 1111 1111 1111
(This is not a Bird of
Conservation
Concern (BCC) in this
area, but warrants
attention because of
the Eagle Act or for
potential
susceptibilities in
offshore areas from
certain types of
development or
activities.)
Black Skimmer
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Clapper Rail
BCC - BCR (This is a
Bird of Conservation
Concern {BCC) only in
particular Bird
Conservation Regions
(BCRs) in the
continental USA)
Eastern Whip -
poor -will
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Gull -billed Tern
BCC Rangewide
(CON) (This is a Bir
of Conservation
Concern (BCC)
throughout,, range
In the continental
USA and Alaska.)
Henslow's Sparrow
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
King Rail
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
P- -
-+++ -II 1111 1111 1111 III- ----
-1-11 -o-
111
44 4.
.-I. 4. — .4• -4
+++ 1111 Wu Pin slh
-+++ 1111 1111 1111 1111
4--
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Least Tern
BCC - BCR (This is a
-III It --+-
Bird of Conservation
Concern (BCC) only in
particular Bird
Conservation Regions
(BCRs) in the
continental USA)
Prairie Warbler
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Prothonotary
Warbler
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
SPECIES
Red-headed
Woodpecker
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Red -throated Loon
_III IN 1111 1_1_
PglIT 771 1111 +---
JAN FEB MAR APR MAY JUN JUL AUG 1>N NOV DEC
-11_ ill II, I I 111
— _
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its ran
in the continental
USA and Alaska.)
Ruddy Turnstone
BCC • BCR (This is a
Bird o . Conservation
Concern (BCC) oq.i.n
particular Bird
Conservation Regions
(BCRs) in the
continental USA)
Whimbrel
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
-r• I
-I I- -I- -1-
-i- 4-1 1
_,__,,__ _ I
„ ___k_ __A ___ ____ ____ ____ ___k_
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Willet
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Wood Thrush
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
---- -1- ---- -'ll 1111 11111::--
-----++ E---
Tell me more about conservation measures 1 can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at
any location year round. Implementation of these measures is particularly important when birds are most likely to
occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to
occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or
bird species present on your project site.
1
What does iPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species
that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is
queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project
intersects, and that have been identified as warranting special attention because they are a BCC species in that
area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore
activities or development,
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the
Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen
science datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or
year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or
(if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds
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guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur
in your project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from
certain types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to
avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird
impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal
also offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional information on
marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam
Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the
Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds may be
in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring
in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10
km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a
red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of
presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack
of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting
point for identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding (which means nests might be present). The list helps you know what to look for to
confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or
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minimize potential impacts from your project activities, should presence be confirmed. To learn more about
conservation measures, visit the FAQ 'Tell me about conservation measures I can implement to avoid or minimize
impacts to migratory birds" at the bottom of your migratory bird trust resources page.
F
O�
cp03
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Marine mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected
under the Endangered Species Act and the Convention on International Trade in Endangered
Species of Wild Fauna and Flora.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees,
and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and
porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list;
for additional information on those species please visit the Marine Mammals page of the NOAA
Fisheries website.
The Marine Mammal Protection Act prohibits the take (to harass, hunt, capture, kill, or attempt to
harass, hunt, capture or kill) of marine mammals and further coordination may be necessary for
project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown.
1. The Endangered Species Act (ESA) of 1973.
-kAr
2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is
a treaty to ensure that international trade in plants and animals does not threaten their survival
in the wild.
3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following marine mammals under the responsibility of the U.S. Fish and Wildlife Service are
potentially affected by activities in this location:
NAME
West Indian Manatee Trichechus manatus
https:/lecos. fws.govlecpls peci es/4469
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
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Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to update
our NWI data set. We recommend you verify these results with a site visit to determine the actual
extent of wetlands on site.
This location overlaps the following wetlands: °\ 1):\
FRESHWATER FORESTED/SHRUB WETLAND
\\\I\
PSS3/4Bd
PFO3/4Bd
PFO4/1 Ad
CP
FRESHWATER POND
PUBHx
PUSH
RIVERINE
R5UBH (:)4C
A full description or each wetland code can be found at the National Wetlands Inventory website
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of high
altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error
is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in
revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
https://ecos.fws.gov/ipac/location/W36CC2VHYRDUTAUVY3RGRRIAC4/resources 16/17

7/16/2020 IPaC: Explore Location
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish
the geographical scope of the regulatory programs of government agencies. Persons intending to engage in
activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may
affect such activities.
-c\O
to\-
Gp�
�Ock
https://ecos.fws.gov/ipac/location/W36CC2VHYRDUTAUVY3RGRRIAC4/resources 17/17

Appendix E — NC Natural Heritage Program Report

a Mall
a� i NC DEPARTMENT OF
■ ■F:a11 NATURAL AND CULTURAL RESOURCES
• Eon
Heather Smith
VHB
940 Main Campus Dr. Suite 500
Raleigh, NC 27606
RE: Newport Transfer Facility; 39181.02
Dear Heather Smith:
Roy Cooper. Governor
Susi Hamilton. Secretary
Walter Clark, Director, Land and Water Stewardship
August 21, 2020
NCNHDE-12711
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET, RALEIGh i_ NC 27603 • 1651 MAIL SERVICE CENTER. RALEIOH, NC 27699
OFC Vi9 707.9120 • FAx [phone]

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Search Results
find resources within a buffer
Spatial filters
O nly return features that intersect with the shape
d rawn on the map
Clear this shape after applying the qp erv.
Apply a search distance
I Miles
Result layer name
Fond resources within a buffer _Query res,

380000 FEET
370000 FEET
2630000 FEET
34°46'30"N
34°46'0"N
34°45'30"N
34°45'0"N
2630000 FEET
76°54'0"W
76°54'0"W
76°53'30"W
76°53'30"W
76°53'0"W
76°53'0"W
76°52'30"W
76°52'30"W
2640000 FEET
380000 FEET
34°46'30"N
34°46'0"N
34°45'30"N
34°45'0"N
370000 FEET
2640000 FEET
Cooperating Technical State
FEyIA'S COOPERWT,r IC, TEC HI eIcAL PARTWEA
This digital Flood Insurance Rate Map (FIRM) was produced through a unique
cooperative partnership between the State of North Carolina and the Federal
Emergency Management Agency (FEMA). The State of North Carolina has
implemented a long term approach to floodplain management to decrease the
costs associated with flooding. This is demonstrated by the State's commitment
to map flood hazard areas at the local level. As a part of this effort, the State of
North Carolina has joined in a Cooperating Technical State agreement with
FEMA to produce and maintain this digital FIRM.
FLOOD HAZARD INFORMATION
SEE FIS REPORT FOR ZONE DESCRIPTIONS AND INDEX MAP
THE INFORMATION DEPICTED ON THIS MAP AND SUPPORTING
DOCUMENTATION ARE ALSO AVAILABLE IN DIGITAL FORMAT AT
HTTP://FRIS.NC.GOV/FRIS
SPECIAL FLOOD
HAZARD AREAS
r
Without Base Flood Elevation (BFE)
Zone A,V, A99
With BFE or Depth Zone AE, AO, AH, VE, AR
Regulatory Floodway
OTHER AREAS OF
FLOOD HAZARD
OTHER
AREAS
GENERAL
STRUCTURES
I I I I I I I I I I I I I
BM5510 X
BM5510®
BM 5510<8>
(012) 18-2-
0.2% Annual Chance Flood Hazard, Areas
of 1% Annual Chance Flood with Average
Depth Less Than One Foot or With Drainage
Areas of Less Than One Square Mile zone x
Future Conditions 1%Annual
Chance Flood Hazard zone x
Area with Reduced Flood Risk due to Levee
See Notes zone x
Areas Determined to be Outside the
0.2% Annual Chance Floodplain Zone X
Channel, Culvert, or Storm Sewer
Accredited or Provisionally Accredited
Levee, Dike, or Floodwall
Non -accredited Levee, Dike, or Floodwall
North Carolina Geodetic Survey bench mark
National Geodetic Survey bench mark
Contractor Est. NCFMP Survey bench mark
Cross Sections with 1% Annual Chance
Water Surface Elevation (BFE)
Coastal Transect
NOTES TO USERS
For information and questions about this map, available products associated with this FIRM including
historic versions of this FIRM, how to order products or the National Flood Insurance Program in general,
please call the FEMA Map Information eXchange at 1-877-FEMA-MAP (1-877-336-2627) or visit the FEMA Map
Service Center website at http://msc.fema.gov. An accompanying Flood Insurance Study report, Letter of Map
Revision (LOMR) or Letter of Map Amendment (LOMA) revising portions of this panel, and digital versions of this
FIRM may be available. Visit the North Carolina Floodplain Mapping Program website at http://www.ncfloodmaps.com
or contact the FEMA Map Service Center.
Communities annexing land on adjacent FIRM panels must obtain a current copy of the adjacent panel as well as
the current FIRM Index. These may be ordered directly from the Map Service Center at the number listed above.
For community and countywide map dates refer to the Flood Insurance Study report for this jurisdiction.
To determine if flood insurance is available in the community, contact your Insurance agent or call the National
Flood Insurance Program at 1-800-638-6620.
Base map information shown on this FIRM was provided in digital format by the North Carolina Floodplain
Mapping Program (NCFMP). The source of this information can be determined from the metadata available in the
digital FLOOD database and in the Technical Support Data Notebook (TSDN).
ACCREDITED LEVEE NOTES TO USERS: If an accredited levee note appears on this panel check with your local
community to obtain more information, such as the estimated level of protection provided (which may exceed the
1-percent-annual-chance level) and Emergency Action Plan, on the levee system(s) shown as providing protection.
To mitigate flood risk in residual risk areas, property owners and residents are encouraged to consider flood
insurance and floodproofing or other protective measures. For more information on flood insurance, interested
parties should visit the FEMA Website at http://www.fema.gov/business/nflp/index.shtm.
PROVISIONALLY ACCREDITED LEVEE NOTES TO USERS: If a Provisionally Accredited Levee (PAL) note
appears on this panel, check with your local community to obtain more information, such as the estimated level of
protection provided (which may exceed the 1-percent-annual-chance level) and Emergency Action Plan, on the
levee system(s) shown as providing protection. To maintain accreditation, the levee owner or community is
required to submit the data and documentation necessary to comply with Section 65.10 of the NFIP regulations.
If the community or owner does not provide the necessary data and documentation or if the data and documentation
provided indicates the levee system does not comply with Section 65.10 requirements, FEMA will revise the flood
hazard and risk information for this area to reflect de -accreditation of the levee system. To mitigate flood risk in
residual risk areas, property owners and residents are encouraged to consider flood insurance and floodproofing
or other protective measures. For more information on flood insurance, interested parties should visit the FEMA
Website at http://www.fema.gov/business/nfip/index.shtm.
LIMIT OF MODERATE WAVE ACTION NOTES TO USERS: For some coastal flooding zones the AE Zone
category has been divided by a Limit of Moderate Wave Action (LiMWA). The LiMWA represents the approximate
landward limit of the 1.5-foot breaking wave. The effects of wave hazards between the VE Zone and the LiMWA
(or between the shoreline and the LiMWA for areas where VE Zones are not identified) will be similar to, but less
severe than those in the VE Zone.
Limit of Moderate Wave Action (LiMWA)
COASTAL BARRIER RESOURCES SYSTEM (CBRS) NOTE
This map may include approximate boundaries of the CBRS for informational purposes only. Flood insurance is not
available within CBRS areas for structures that are newly built or substantially improved on or after the date(s)
indicated on the map. For more information see http://www.fws.gov/habitatconservation/coastal_barrier.html, the
FIS Report, or call the U.S. Fish and Wildlife Service Customer Service Center at 1-800-344-WILD.
SCALE
Map Projection:
North Carolina State Plane Projection Feet (Zone 3200)
Datum: NAD 1983 (Horizontal), NAVD 1988 (Vertical)
1 inch = 500 feet
1:6,000
0 250 500 1,000
Feet
Meters
0 75 150 300
PANEL LO CATO R
t BEAUFORTCOUNTY
��
N.
N /r
CRAVEN COUNTY ram- \-- — — —
5348
_ss ec
5346'
1
5368 5388
5366 5386
s.
PAMLICO COUNTY
HYDE COUNTY
7562
7582
8502
8522'-
8542
7439
7408
7428 74381
7407 7417
6486�7 s
648 \7404
6482'7402
74161
7426
7424
7422
7540
7448
v7560
7580
8500
8520
8540
8560
8580
7468
7488
8408
8428
8448
8469 8479
8489 8499
84
7446
7466
7486
8407 8417
8406 8416
8426
8447
8446
fie 8478
fi] 8477
7444
7464
7485 7495
7484
7494
43
8404 8414 8424 848444
7442
7462
6420
6440
6460 -6480 7400
7420
7440
7460
-6308
6306
6349 6359
fi328.6338
6327 fi376347 6357
6326.6336
6348 6358
6346 6356
5365 5375 5385 5395 6305 6315 63256335
5374 5384 5394 6304 6314 6324:6334
5363 5373 5383 53916303
5372
5364
6345 6355
6 6354
6368 6388 7308
6367
7328
377 638716397 7307 7317 7327 7337
6366 6376 6386I6396 7306 7316 7326 73361
63fi I637 j6385+fi395 7305
7315 7325 7335
7348
7346
7368
7367 7377
736,6�7376
7345 7355
7365
7304 7314
7324
7334
7344
7354
7323 ]333
7483 8403 8413 8423 8433
i
7482 8402 8412 8422
7481 7491 8401 8411
7480 7490 8400
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7388
7493
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Ca
NORTH CAROLINA FLOODPLAIN MAPPING PROGRAM
NATIONAL FLOOD INSURANCE PROGRAM
FLOOD INSURANCE RATE MAP
NORTH CAROLINA
PANEL 6337
FEMA
Panel Contains:
COMMUNITY CID PANEL SUFFIX
CARTERET COUNTY
NEWPORT, TOWN OF
370043 6337 J
370049 6337 J
OTHER
FEATURES
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Limit of Study
Jurisdiction Boundary
CBRS Area \ ; Otherwise Protected Area
5362
7343
]353
7332 7342
7331 7341
MAP NUMBER
3720633700J
MAP REVISED
07/16/03

Auth ID: CR0106703
Contact ID: COASTAL REGION SOLID WASTE
Expiration Date: 12/31/2032
Use Code: 753
r ,
k7 iL 2 U' 2G b2
FS-2700-4c (10/09)
OMB No. 0596-0082
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
PRIVATE ROAD SPECIAL USE PERMIT
AUTHORITY:
FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED October 21,1976
Coastal Regional Solid Waste Authority, ATTN: Bobby Darden P. O. Box 128 (the holder) COVE CITY, NC
UNITED STATES 28523 (hereafter called the Holder) is hereby authorized to use National Forest lands for the
construction, reconstruction, maintenance, and use of a road within the National Forests in North Carolina for
the following purposes:
Use of an existing paved road to transfer station (permit # CR0558402) off Hibbs Rd. (NCSR 1141) Carteret
Co NC.
The lands covered by this permit are located in the County of Carteret, State of North Carolina and are
described as follows:
This permit covers an easement approximately 1.5 miles in length (5,600 ft.), 60 feet in width, containing
approximately 7.71 acres, and is located upon the ground according to the survey line, figures, measurements,
widths, and other references shown on the map or plat attached hereto as exhibit(s) (A) and made a part hereof.
This permit is made subject to the following terms, provisions, and conditions:
1. This permit is subject to all existing easements and valid rights existing on this date.
2. The Holder in exercising the privileges granted by this permit shall comply with all applicable State and
Federal laws, Executive Orders, and Federal rules and regulations, and shall comply with all State standards for
public health and safety, environmental protection, and siting construction, operation, maintenance of or for
rights -of -way for similar purposes if those standards are more stringent than applicable Federal standards.
3. The Holder shall cut no timber except as authorized by construction stipulations or maintenance agreements.
4. The Holder shall provide maintenance so that no damage occurs on adjacent National Forest land. The Holder
shall construct and maintain lead-off drainage and water barriers as necessary to prevent erosion.
5. Holder shall pay the United States for all injury, loss, or damage, including fire suppression costs, in
accordance with Federal and State laws.
6. Holder shall indemnify the United States for any and all injury, loss, or damage, including fire suppression
costs the United States may suffer as a result of claims, demands, losses, or judgments caused by the Holder's
use or occupancy under this permit.
7. Holder shall pay annually in advance a sum determined by the Forest Service to be the fair market value of
the use authorized by this permit. The initial payment is set at $0.00 or the remainder of the calendar year.
Payments for each subsequent calendar year shall be the amount of $ 768.57 adjusted using the Implicit Price
Deflator -Gross National Product index (IPD-GNP), or other factor selected by the Forest Service , to reflect

more nearly the current fair market value of the use. At intervals to be determined by certain changes in the
indexes used to establish the linear rights -of -way fee schedule, the fee shall be reviewed and adjusted as
necessary to assure that it is commensurate with the value of the rights and privileges authorized. Failure of the
Holder to pay the annual payment, late charges, or other fees or charges shall cause the permit to terminate.
8. Pursuant to 31 U.S.C. 3717, et seq., interest shall be charged on any fee amount not paid within 30 days from
the date the fee or fee calculation financial statement specified in this authorization becomes due. The rate of
interest assessed shall be the higher of the rate of the current value of funds to the U.S. Treasury {i.e., Treasury
tax and loan account rate), as prescribed and published by the Secretary of the Treasury in the Federal Register
and the Treasury Fiscal Requirements Manual Bulletins annually or quarterly or at the Prompt Payment Act
rate. Interest on the principal shall accrue from the date the fee or fee calculation financial statement is due.
In the event the account becomes delinquent, administrative costs to cover processing and handling of the
delinquency will be assessed.
A penalty of 6 percent per annum shall be assessed on the total amount delinquent in excess of 90 days and shall
accrue from the same date on which interest charges begin to accrue.
Payments will be credited on the date received by the designated collection officer or deposit location. If the due
date for the fee or fee calculation statement falls on a non -workday, the charges shall not apply until the close of
business on the next workday.
Disputed fees are due and payable by the due date. No appeal of fees will be considered by the Forest Service
without full payment of the disputed amount. Adjustments, if necessary, will be made in accordance with
settlement terms or the appeal decision.
If the fees become delinquent, the Forest Service will:
Liquidate any security or collateral provided by the authorization.
If no security or collateral is provided, the authorization will terminate and the holder will be responsible for
delinquent fees as well as any other costs of restoring the site to its original condition including hazardous waste
cleanup.
Upon termination or revocation of the authorization, delinquent fees and other charges associated with the
authorization will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et
seq. Delinquencies may be subject to any or all of the following conditions:
Administrative offset of payments due the holder from the Forest Service.
Delinquencies in excess of 60 days shall be referred to United States Department of Treasury for appropriate
collection action as provided by 31 U.S.C. 3711 (g), (1).
The Secretary of the Treasury may offset an amount due the debtor for any delinquency as provided by 31
U.S.C. 3720, et seq.)

9. All construction or reconstruction of the road shall be in accordance with plans, specifications, and written
stipulations approved by the Forest Service prior to beginning such construction or reconstruction.
10. The Holder shall repair fully all damage to National Forest roads and trails caused by the exercise of the
privileges granted by this permit.
11. The United States may use the roads without cost for all purposes deemed necessary or desirable in
connection with the protection and administration of the lands or resources of the United States, provided that it
will use the road for commercial hauling purposes, other than the removal of timber cut in construction or
maintenance of the road or other occasional incidental use, only after arranging to pay or perform its pro rata
share of road maintenance.
12. The Forest Service alone may extend rights and privileges for use of the road constructed on the premises to
other non -Federal users provided that such users shall pay a fair share of the current replacement cost less
depreciation of the road to the holder, and reconstruct the road as necessary to accommodate their use.
13. The Forest Service retains the right to occupy and use the right-of-way and to issue or grant rights -of -way
for land uses, for other than road purposes, upon, over, under, and through the permit area provided that the
occupancy and use do not interfere unreasonably with the rights granted herein.
14. The Forest Service shall have the right to cross and re -cross the premises and road at any place by any
reasonable means and for any purpose in. such manner as does not interfere unreasonably with use of the road.
15. The Holder shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor
has given specific written approval. Application for such approval must be in writing and must specify the time,
method, chemicals, and the exact portion of the right-of-way to be chemically treated.
16. Unless sooner terminated, or revoked by the Regional Forester, this permit shall expire and terminate on
12/31/2032. At that time, if the holder still needs the road for the purposes for which this permit is granted, the
permit will be reissued for a period of 10 years. At the time of reissuance, the terms and conditions may be
modified and new conditions or stipulations added at the discretion of the Forest Service.
17. This permit may be terminated or suspended upon breach of any of the conditions herein, or revoked at the
discretion of the Issuing Officer.
18. Upon termination or revocation of this special -use authorization, the Holder shall remove within a
reasonable time the structures and improvements and shall restore the site to a condition satisfactory to the
authorized officer, unless otherwise waived in writing or in the authorization. If the Holder fails to remove the
structures or improvements within a reasonable period, as determined by the authorized officer, they shall
become the property of the United States, but this does not relieve the Holder from liability for the removal and
site restoration costs.
19. Nonexclusive Use and Public Access. Unless expressly provided for in additional terms, use of the permit
area is not exclusive. The Forest Service reserves the right to use or allow others to use any part of the permit
area, including roads, for any purpose, provided, such use does not materially interfere with the holder's
authorized use. A final determination of conflicting uses is reserved to the Forest Service.

20. Forest Service Right of Entry and Inspection. The Forest Service has the right of unrestricted access of the
permitted area or facility to ensure compliance with laws, regulations, and ordinances and the terms and
conditions of this permit.
21. Liability. For purposes of this section, "holder" includes the holder's heirs, assigns, agents, employees, and
contractors.
A. The holder assumes all risk of loss to the authorized improvements.
B. The holder shall indemnify, defend, and hold the United States harmless for any violations incurred under
any such laws and regulations or for judgments, claims, or demands assessed against the United States in
connection with the holder's use or occupancy of the property. The holder's indemnification of the United States
shall include any loss by personal injury, loss of life or damage to property in connection with the occupancy or
use of the property during the term of this permit. Indemnification shall include, but is not limited to, the value
of resources damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or
other types of abatement costs; third party claims and judgments; and all administrative, interest, and other legal
costs. This paragraph shall survive the termination or revocation of this authorization, regardless of cause.
C. The holder has an affirmative duty to protect from damage the land, property, and interests of the United
States.
D. In the event of any breach of the conditions of this authorization by the holder, the Authorized Officer may,
on reasonable notice, cure the breach for the account at the expense of the holder. If the Forest Service at any
time pays any sum of money or does any act which will require payment of money, or incurs any expense,
including reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or proceeding to
enforce the United States rights hereunder, the sum or sums so paid by the United States, with all interests, costs
and damages shall, at the election of the Forest Service, be deemed to be additional fees hereunder and shall be
due from the holder to the Forest Service on the first day of the month following such election.
E. With respect to roads, the holder shall be proportionally liable for damages to all roads and trails of the
United States open to public use caused by the holder's use to the same extent as provided above, except that
liability shall not include reasonable and ordinary wear and tear.
F. The Forest Service has no duty to inspect the permit area or to warn of hazards and, if the Forest Service does
inspect the permit area, it shall incur no additional duty nor liability for identified or non -identified hazards.
This covenant may be enforced by the United States in a court of competent jurisdiction.
22. Members of Congress. No Member of or Delegate to Congress or Resident Commissioner shall benefit from
this permit either directly or indirectly, except when the authorized use provides a general benefit to a
corporation.
23. Appeals and Remedies. Any discretionary decisions or determinations by the authorized officer are subject
to the appeal regulations at 36 CFR 251, Subpart C, or revisions thereto.
24. Assignability. This authorization is not assignable or transferable. If Holder, through death, voluntary

transfer, enforcement of contract, foreclosure, or other valid legal proceeding shall cease to be owner of the
above -described real property accessed by the authorized road, this authorization will terminate.
25. Superior Clauses. In the event of any conflict between any of the preceding printed clauses or any provision
thereof and any of the following clauses or any provision thereof, the preceding printed clauses shall control.
Add Regional/Forest clauses here to address local conditions.
In Witness Whereof, the parties hereto have caused this authorization to be duly executed on this / 7 day
of 2012.
Holder
By: dza,---
Coastal Regional Solid Waste Authority
USDA - Forest Service
y.
ame stin M. Bail
Fores upervisor
National Forest
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not
required to respond to a collection of information unless it displays a valid OMB control number. The valid
OMB control number for this information collection is 0596-0082. The time required to complete this
information collection is estimated to average one (1) hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the
basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status,
parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part
of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.)
Persons with disabilities who require alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence
Avenue, SW, Washington, DC 20250-9410 or call toll free [phone] (voice). TDD users can contact
SDA through local relay or the Federal relay at [phone] (TDD) or [phone] (relay voice).
SDA is an equal opportunity provider and employer.
U
U
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the
confidentiality to be provided for information received by the Forest Service.

uthorization ID: CR0558402
Contact ID: CR05584
Expiration Date: 12/31/2032
se Code: 345
FS-2700-4 (1 9)
OMB --No. 0596-0082
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SPECIAL USE PERMIT
Authority: ORGANIC ADMINISTRATION ACT June 4,1897, PERMITS FOR PUBLIC BLDG
AND OTHER PUBLIC WORKS September 3, 1954
Coastal Regional Solid Waste Mgt. Auth. of P. O. Box 128 COVE CITY NC 28523 (hereinafter "the
holder") is authorized to use or occupy National Forest System lands in the National Forests in North
Carolina or Croatan unit of the National Forest System, subject to the terms and conditions of this special
use permit (the permit).
This permit covers 11.09 acres in the, ("the permit area"), as shown on the map attached as Appendix A.
This permit issued for the purpose of:
TRANSFER STATION at Closed Land Fill off Hibbs Rd., Carteret Co. Facility consisting of a 9,600 sq.
ft. solid waste transfer station, a 250-400 sq. ft scale house and truck scale. A year round operation
transferring municipal solid waste from local sources to transfer tractor trailers with eventual disposal at
a regional landfill located in an adjacent county. In addition 2.0 Acres are added for the construction,
operation and maintenance of a convenience site in accordance with the maps attached to and made part
of the permit. Such site is located on USA Tract C-1 formally part of the permit issued to the County of
Carteret for a landfill.
TERMS AND CONDITIONS
I. GENERAL TERMS
A. AUTHORITY. This permit is issued pursuant to ORGANIC ADMINISTRATION ACT June 4,
1897, PERMITS FOR PUBLIC BLDG AND OTHER PUBLIC WORKS September 3, 1954 and 36
CFR Part 251, Subpart B, as amended, and is subject to their provisions.
B. AUTHORIZED OFFICER. The authorized officer is the Forest or Grassland Supervisor or a
subordinate officer with delegated authority.
C. TERM. This permit shall expire at midnight on 12/31/2032, 20 years from the date of issuance.
D. RENEWAL. This permit is not renewable. Prior to expiration of this permit, the holder may apply for
a new permit that would renew the use and occupancy authorized by this permit. Applications for a new
permit must be submitted at least 6 months prior to expiration of this permit. Renewal of the use and
occupancy authorized by this permit shall be at the sole discretion of the authorized officer. At a
hminimum, before renewing the use and occupancy authorized by this permit, the authorized officer shall
require that (1) the use and occupancy to be authorized by the new permit is consistent with the standards
and guidelines in the applicable land management plan; (2) the type of use and occupancy to be
authorized by the new permit is the same as the type of use and occupancy authorized by this permit; and
(3) the holder is in compliance with all the terms of this permit. The authorized officer may prescribe

new terms and conditions when a new permit is issued.
E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the
discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new
terms that may be required by law, regulation, directive, the applicable forest land and resource
management plan, or projects and activities implementing a land management plan pursuant to 36 CFR
Part 215.
F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS.
In exercising the rights and privileges granted by this permit, the holder shall comply with all present and
future federal laws and regulations and all present and future state, county, and municipal laws,
regulations, and other legal requirements that apply to the permit area, to the extent they do not conflict
with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws,
regulations, and other legal requirements that fall under the jurisdiction of other governmental entities.
G. NON-EXCLUSIVE USE. The use or occupancy authorized by this permit is not exclusive. The
Forest Service reserves the right of access to the permit area, including a continuing right of physical
entry to the permit area for inspection, monitoring, or any other purpose consistent with any right or
obligation of the United States under any law or regulation. The Forest Service reserves the right to
allow others to use the permit area in any way that is not inconsistent with the holder's rights and
privileges under this permit, after consultation with all parties involved. Except for any restrictions that
the holder and the authorized officer agree are necessary to protect the installation and operation of
authorized temporary improvements, the lands and waters covered by this permit shall remain open to
the public for all lawful purposes.
H. ASSIGNABILITY. This permit is not assignable or transferable.
I. TRANSFER OF TITLE TO THE IMPROVEMENTS.
1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or
part of the authorized improvements is contemplated.
2. Transfer of Title. Any transfer of title to the improvements covered by this permit shall result in
termination of the permit. The party who acquires title to the improvements must submit an application
for a permit. The Forest Service is not obligated to issue a new permit to the party who acquires title to
the improvements. The authorized officer shall determine that the applicant meets requirements under
applicable federal regulations.
J. CHANGE IN CONTROL OF THE BUSINESS ENTITY.
1. Notification of Change in Control. The holder shall notify the authorized officer when a change in
control of the business entity that holds this permit is contemplated.
a. In the case of a corporation, control is an interest, beneficial or otherwise, of sufficient outstanding

voting securities or capital of the business so as to permit the exercise of managerial authority over the
actions and operations of the corporation or election of a majority of the board of directors of the
corporation.
b. In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, control
is a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of
managerial authority over the actions and operations of the entity.
c. In other circumstances, control is any arrangement under which a third party has the ability to exercise
management authority over the actions or operations of the business.
2. Effect of Change in Control. Any change in control of the business entity as defined in paragraph 1 of
this clause shall result in termination of this permit. The party acquiring control must submit an
application for a special use permit. The Forest Service is not obligated to issue a new permit to the party
who acquires control. The authorized officer shall determine whether the applicant meets the
requirements established by applicable federal regulations.
H. IMPROVEMENTS
A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain
any structure or facility or to conduct any activity, unless specifically authorized by this permit. Any use
not specifically authorized by this permit must be proposed in accordance with 36 CFR 251.54. Approval
of such a proposal through issuance of a new permit or permit amendment is at the sole discretion of the
authorized officer.
B. PLANS. All plans for development, layout, construction, reconstruction, or alteration of
improvements in the permit area, as well as revisions to those plans must be prepared by a professional
engineer, architect, landscape architect, or other qualified professional based on federal employment
standards acceptable to the authorized officer. These plans and plan revisions must have written approval
from the authorized officer before they are implemented. The authorized officer may require the holder
to furnish as -built plans, maps, or surveys upon completion of the work.
III.OPERATIONS.
A. PERIOD OF USE. Use or occupancy of the permit area shall be exercised at least 365 days each
year.
B. CONDITION OF OPERATIONS. The holder shall maintain the authorized improvements and
permit area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the
authorized officer and consistent with other provisions of this permit. Standards are subject to periodic
change by the authorized officer when deemed necessary to meet statutory, regulatory, or policy
requirements or to protect national forest resources. The holder shall comply with inspection
requirements deemed appropriate by the authorized officer.
C. INSPECTION BY THE FOREST SERVICE. The Forest Service shall monitor the holder's
operations and reserves the right to inspect the permit area and transmission facilities at any time for

compliance with the terms of this permit. The holder's obligations under this permit are not contingent
upon any duty of the Forest Service to inspect the perrnit area or transmission facilities. A failure by the
Forest Service or other governmental officials to inspect is not a justification for noncompliance with any
of the terms and conditions of this permit.
IV. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a
contract or a lease, but rather a federal license. The benefits and requirements conferred by this
authorization are reviewable solely under the procedures set forth in 36 CFR Part 251, Subpart C, and 5
U.S.C. 704. This permit does not constitute a contract for purposes of the Contract Disputes Act, 41
U.S.C. 601. The permit is not real property, does not convey any interest in real property, and may not be
used as collateral for a loan.
B. VALID OUTSTANDING RIGHTS. This perruit is subject to all valid outstanding rights. Valid
outstanding rights include those derived under mining and mineral leasing laws of the United States. The
United States is not liable to the holder for the exercise of any such right.
C. ABSENCE OF THIRD -PARTY BENEFICIARY RIGHTS. The parties to this permit do not
intend to confer any rights on any third party as a beneficiary under this permit.
D. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road or trail
maintenance, water, fire protection, search and rescue, or any other such service by a government
agency, utility, association, or individual.
E. RISK OF LOSS. The holder assumes all risk of loss associated with use or occupancy of the permit
area, including but not limited to theft, vandalism, fire and any fire -fighting activities (including
prescribed bums), avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If
authorized temporary improvements in the permit area are destroyed or substantially damaged, the
authorized officer shall conduct an analysis to determine whether the improvements can be safely
occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed, the permit
shall terminate.
F. DAMAGE TO UNITED STATES PROPERTY. The holder has an affmnative duty to protect from
damage the land, property, and other interests of the United States. Damage includes but is not limited to
fire suppression costs, damage to government -owned improvements covered by this permit, and all costs
and damages associated with or resulting from the release or threatened release of a hazardous material
occurring during or as a result of activities of the holder or the holder's heirs, assigns, agents, employees,
contractors, or lessees on, or related to, the lands, property, and other interests covered by this permit.
For purposes of clause IV.F and section V, "hazardous material" shall mean (a) any hazardous substance
under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), 42 U.S.C. § 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA,
42 U.S.C. § 9601(33); (c) any petroleum product or its derivative, including fuel oil, and waste oils; and
(d) any hazardous substance, extremely hazardous substance, toxic substance, hazardous waste,
ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture, solution
or substance that may pose a present or potential hazard to human health or the environment under any

applicable environmental laws.
1. The holder shall avoid damaging or contaminating the environment, including but not limited to the
soil, vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the holder's use
or occupancy of the permit area. If the environment or any government property covered by this permit
becomes damaged during the holder's use or occupancy of the permit area, the holder shall immediately
repair the damage or replace the damaged items to the satisfaction of the authorized officer and at no
expense to the United States.
2. The holder shall be liable for all injury, loss, or damage, including fire suppression, prevention and
control of the spread of invasive species, or other costs in connection with rehabilitation or restoration of
natural resources associated with the use or occupancy authorized by this permit. Compensation shall
include but not be limited to the value of resources damaged or destroyed, the costs of restoration,
cleanup, or other mitigation, fire suppression or other types of abatement costs, and all administrative,
legal (including attorney's fees), and other costs. Such costs may be deducted from a performance bond
required under clause IV.I.
3. The holder shall be liable for damage caused by use of the holder or the holder's heirs, assigns, agents,
employees, contractors, or lessees to all roads and trails of the United States to the same extent as
provided under clause IV.F.1, except that liability shall not include reasonable and ordinary wear and
tear
G. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The holder shall promptly
abate as completely as possible and in compliance with all applicable laws and regulations any activity
or condition arising out of or relating to the authorized use or occupancy that causes or threatens to cause
a hazard to public health or the safety of the holder's employees or agents or harm to the environment
(including areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other
natural resources). The holder shall prevent impacts to the environment and cultural resources by
implementing actions identified in the operating plan to prevent establishment and spread of invasive
species. The holder shall immediately notify the authorized officer of all serious accidents that occur in
connection with such activities. The responsibility to protect the health and safety of all persons affected
by the use or occupancy authorized by this permit is solely that of the holder. The Forest Service has no
duty under the terms of this peiiuit to inspect the permit area or operations and activities of the holder for
hazardous conditions or compliance with health and safety standards.
H. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold
har-rnless the United States for any costs, damages, claims, liabilities, and judgments arising from past,
present, and future acts or omissions of the holder in connection with the use or occupancy authorized by
this permit. This indemnification provision includes but is not limited to acts and omissions of the holder
or the holder's heirs, assigns, agents, employees, contractors, or lessees in connection with the use or
occupancy authorized by this permit which result in (1) violations of any laws and regulations which are
now or which may in the future become applicable, and including but not limited to those environmental
laws listed in clause V.A of this permit; (2) judgments, claims, demands, penalties, or fees assessed
against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the
release or threatened release of any solid waste, hazardous waste, hazardous materials, pollutant,
contaminant, oil in any form, or petroleum product into the environment. The authorized officer may

prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative
actions to mitigate damages in addition to or as an alternative to monetary indetnnification.
I. BONDING. The authorized officer may require the holder to furnish a surety bond or other security
for any of the obligations imposed by the terms and conditions of this permit or any applicable law,
regulation, or order.
V. RESOURCE PROTECTION
A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use
or occupancy authorized by this permit comply with all applicable federal, state, and local environmental
laws and regulations, including but not limited to those established pursuant to the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et
seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., CERCLA, as amended, 42 U.S.C. 9601 et
seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as
amended, 42 U.S.C. 300f et seq.
B. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism and
disorderly conduct and when necessary shall contact the appropriate law enforcement officer.
C. PESTICIDE USE. Pesticides may not be used outside of buildings to control undesirable woody and
herbaceous vegetation (including aquatic plants), insects, rodents, fish, and other pests and weeds
without prior written approval from the authorized officer. A request for approval of planned uses of
pesticides shall be submitted annually by the holder on the due date established by the authorized officer.
The report shall cover a 12-month period of planned use beginning 3 months after the reporting date.
Information essential for review shall be provided in the form specified. Exceptions to this schedule may
be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests or
weeds require control measures that were not anticipated at the time an annual report was submitted.
Only those materials registered by the U.S. Environmental Protection Agency for the specific purpose
planned shall be considered for use on National Forest System lands. Label instructions and all
applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of
excess materials and containers.
D. ARCHAEOLOGICAL -PALEONTOLOGICAL DISCOVERIES. The holder shall immediately
notify the authorized officer of all antiquities or other objects of historic or scientific interest, including
but not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use
and occupancy authorized by this permit. The holder shall leave these discoveries intact and in place
until directed otherwise by the authorized officer. Protective and mitigative measures specified by the
authorized officer shall be the responsibility of the holder.
E. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION. In accordance with 25
U.S.C. 3002(d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects,
sacred objects, or objects of cultural patrimony on National Forest System lands, the holder shall

immediately cease work in the area of the discovery and shall make a reasonable effort to protect and
secure the items. The holder shall immediately notify the authorized officer by telephone of the
discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the
inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the
written confirmation, if resumption of the activity is otherwise lawful, or at any time if a binding written
agreement has been executed between the Forest Service and the affiliated Indian tribes that adopts a
recovery plan for the human remains and objects.
F. PROTECTION OF HABITAT OF THREATENED, ENDANGERED, AND SENSITIVE
SPECIES. The location of sites within the permit area needing special measures for protection of plants
or animals listed as threatened or endangered under the Endangered Species Act (ESA) of 1973, 16
U.S.C. 1531 et seq., as amended, or identified as sensitive or otherwise requiring special protection by
the Regional Forester under Forest Service Manual (FSM) 2670, pursuant to consultation conducted
under section 7 of the ESA, may be shown on the ground or on a separate map. The map shall be
attached to this permit as an appendix. The holder shall take any protective and mitigative measures
specified by the authorized officer. If protective and mitigative measures prove inadequate, if other sites
within the permit area containing threatened, endangered, or sensitive species or species otherwise
requiring special protection are discovered, or if new species are listed as threatened or endangered under
the ESA or identified as sensitive or otherwise requiring special protection by the Regional Forester
under the FSM, the authorized officer may specify additional protective and mitigative measures.
Discovery of these sites by the holder or the Forest Service shall be promptly reported to the other party.
G. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous
materials at the site without prior written approval from the authorized officer. This approval shall not be
unreasonably withheld. If the authorized officer provides approval, this permit shall include, or in the
case of approval provided after this permit is issued, shall be amended to include specific terms
addressing the storage of hazardous materials, including the specific type of materials to be stored, the
volume, the type of storage, and a spill plan. Such terms shall be proposed by the holder and are subject
to approval by the authorized officer.
H. CLEANUP AND REMEDIATION
1. The holder shall immediately notify all appropriate response authorities, including the National
Response Center and the authorized officer or the authorized officer's designated representative, of any
oil discharge or of the release of a hazardous material in the permit area in an amount greater than or
equal to its reportable quantity, in accordance with 33 CFR Part 153, Subpart B, and 40 CFR Part 302.
For the purposes of this requirement, "oil" is as defined by section 311(a)(1) of the Clean Water Act, 33
U.S.C. 1321(a)(1). The holder shall immediately notify the authorized officer or the authorized officer's
designated representative of any release or threatened release of any hazardous material in or near the
permit area which may be harmful to public health or welfare or which may adversely affect natural
resources on federal lands.
2. Except with respect to any federally permitted release as that term is defined under Section 101{10) of
CERCLA, 42 U.S.C. 9601(10), the holder shall clean up or otherwise remediate any release, threat of
release, or discharge of hazardous materials that occurs either in the permit area or in connection with the
holder's activities in the permit area, regardless of whether those activities are authorized under this

permit. The holder shall perform cleanup or remediation immediately upon discovery of the release,
threat of release, or discharge of hazardous materials. The holder shall perform the cleanup or
remediation to the satisfaction of the authorized officer and at no expense to the United States. Upon
revocation or termination of this permit, the holder shall deliver the site to the Forest Service free and
clear of contamination.
I. CERTIFICATION UPON REVOCATION OR TERMINATION. If the holder uses or stores
hazardous materials at the site, upon revocation or termination of this permit the holder shall provide the
Forest Service with a report certified by a professional or professionals acceptable to the Forest Service
that the permit area is uncontaminated by the presence of hazardous materials and that there has not been
a release or discharge of hazardous materials upon the permit area, into surface water at or near the
permit area, or into groundwater below the permit area during the term of the permit. This certification
requirement may be waived by the authorized officer when the Forest Service determines that the risks
posed by the hazardous material are minimal. If a release or discharge has occurred, the professional or
professionals shall document and certify that the release or discharge has been fully remediated and that
the permit area is in compliance with all federal, state, and local laws and regulations.
VI. LAND USE FEE AND ACCOUNTING ISSUES
A. LAND USE FEES. The holder shall pay an initial annual land use fee of $905.73 for the period from
01/01/2013 to 12/31/2013, and thereafter on Jan 1, shall pay an annual land use fee of $922.91. The
annual land use fee shall be adjusted annually using the BLM, North Carolina Linear Rent Schedule.
B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary
to reflect the market value of the authorized use or occupancy or when the fee system used to calculate
the land use fee is modified or replaced.
C. FEE PAYMENT ISSUES.
1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except
that if a payment is received on a non -workday, the payment shall not be credited until the next workday.
2. Disputed Fees. Fees are due and payable by the due date. Disputed fees must be paid in full.
Adjustments will be made if dictated by an administrative appeal decision, a court decision, or settlement
terms.
3. Late Payments
(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any fee amount not paid
within 30 days from the date it became due. The rate of interest assessed shall be the higher of the
Prompt Payment Act rate or the rate of the current value of funds to the Treasury (i.e., the Treasury tax
and loan account rate), as prescribed and published annually or quarterly by the Secretary of the Treasury
in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest on the principal
shall accrue from the date the fee amount is due.
(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing

and handling the delinquency shall be assessed.
(c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days
delinquent and shall accrue from the same date on which interest charges begin to accrue.
(d) Termination for Nonpayment. This permit shall terminate without the necessity of prior notice and
opportunity to comply when any permit fee payment is 90 calendar days from the due date in arrears.
The holder shall remain responsible for the delinquent fees.
4. Administrative Offset and Credit Reporting. Delinquent fees and other charges associated with the
permit shall be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711
et seq. and common law. Delinquencies are subject to any or all of the following:
(a) Administrative offset of payments due the holder from the Forest Service.
(b) If in excess of 60 days, referral to the Department of the Treasury for appropriate collection action as
provided by 31 U.S.C. 3711(g)(1).
(c) Offset by the Secretary of the Treasury of any amount due the holder, as provided by 31 U.S.C. 3720
et seq.
(d) Disclosure to consumer or commercial credit reporting agencies.
VII. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this permit in
whole or in part:
1. For noncompliance with federal, state, or local law.
2. For noncompliance with the terms of this permit.
3. For abandonment or other failure of the holder to exercise the privileges granted.
4. With the consent of the holder.
5. For specific and compelling reasons in the public interest.
Prior to revocation or suspension, other than immediate suspension under clause VI.B, the authorized
officer shall give the holder written notice of the grounds for revocation or suspension. In the case of
revocation or suspension based on clause VII.A.1, 2, or 3, the authorized officer shall give the holder a
reasonable time, typically not to exceed 90 days, to cure any noncompliance.
B. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in
whole or in part when necessary to protect public health or safety or the environment. The suspension
decision shall be in writing. The holder may request an on -site review with the authorized officer's

supervisor of the adverse conditions prompting the suspension. The authorized officer's supervisor shall
grant this request within 48 hours. Following the on -site review, the authorized officer's supervisor shall
promptly affirm, modify, or cancel the suspension.
C. APPEALS AND REMEDIES. Written decisions by the authorized officer relating to administration
of this permit are subject to administrative appeal pursuant to 36 CFR Part 251, Subpart C, as amended.
Revocation or suspension of this permit shall not give rise to any claim for damages by the holder
against the Forest Service.
D. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition,
event, or time occurs without any action by the authorized officer. Examples include but are not limited
to expiration of the permit by its terms on a specified date and termination upon change of control of the
business entity. Termination of this permit shall not require notice, a decision document, or any
environmental analysis or other documentation. Termination of this permit is not subject to
administrative appeal and shall not give rise to any claim for damages by the holder against the Forest
Service.
E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT
RENEWAL. Upon revocation or termination of this permit without renewal of the authorized use, the
holder shall remove all structures and improvements, except those owned by the United States, within a
reasonable period prescribed by the authorized officer and shall restore the site to the satisfaction of the
authorized officer. If the holder fails to remove all structures and improvements within the prescribed
period, they shall become the property of the United States and may be sold, destroyed, or otherwise
disposed of without any liability to the United States. However, the holder shall remain liable for all
costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of
the site.
VIII. MISCELLANEOUS PROVISIONS
A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner
shall benefit from this permit either directly or indirectly, except to the extent the authorized use provides
a general benefit to a corporation.
B. CURRENT ADDRESSES. The holder and the Forest Service shall keep each other informed of
current mailing addresses, including those necessary for billing and payment of land use fees.
C. SUPERSEDED PERMIT. This permit supersedes a special use permit designated Coastal Regional
Solid Waste Mgt. Auth., CR0558401, dated 07/27/1992.
D. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any
of the following clauses, the preceding printed clauses shall control.

This permit is accepted subject to the conditions set out above.
HOLDER: Coastal Regional Solid Waste Mgt.
Auth,
U.S. DEPARTMENT OF AGRICULTURE
Forest Service
By:
By:
(William Ritchie)
(Kri 'n Bail)
By: G
Title:
(Bobby Darden)
_/(Forest Supervisorc
ac__,e_.
Date:
G Z6/
Date
/01/70/ 2-
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person
is not required to respond, to a collection of information unless it displays a valid OMB control number,
The valid OMB control number for this information collection is 0596-0082. The time required to
complete this information collection is estimated to average 1 hour per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities
on the basis of race, color, national origin, age, disability, and, where applicable, sex, marital status,
familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal,
or because all or part of an individual's income is derived from any public assistance. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require alternative means for communication
of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at
202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence
Avenue, SW, Washington, DC 20250-9410 or call toll free [phone] (voice). TDD users can
contact USDA through local relay or the Federal relay at [phone] (TDD) or [phone]
(relay voice). USDA is an equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the
confidentiality to be provided for information received by the Forest Service.

Authorization ID: CR0108008
Contact Name: COUNTY OF CARTERET
Expiration Date: 12/31/2037
Use Code: 341
FS-2700-4 (V. 01/2014)
OMB 0596-0082
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SPECIAL USE PERMIT
Authority: ORGANIC ADMINISTRATION ACT June 4, 1897, PERMITS FOR PUBLIC BLDG AND
OTHER PUBLIC WORKS September 3,1954
COUNTY OF CARTERET of ATTN: COUNTY MANAGER 302 Courthouse Sq. BEAUFORT NC 28516
(hereinafter "the holder") is authorized to use or occupy National Forest System lands in the NATIONAL
FORESTS IN NORTH CAROLINA or Croatan unit of the National Forest System, subject to the terms and
conditions of this special use permit (the permit).
This permit covers 122.39 acres, ("the permit area"), as shown on the map attached as Appendix A. This
permit issued for the purpose of:
Manage closed land fill. Care and Maintenance of the Carteret County Landfill in accordance with the post
closure maintenance plan. This permit does not authorize the use of the site an active landfill, solid waste
disposal or storage area. Post closure monitoring and maintenance guidance attached and made part of this
permit.
TERMS AND CONDITIONS
I. GENERAL TERMS
A. AUTHORITY. This permit is issued pursuant to ORGANIC ADMINISTRATION ACT June 4, 1897,
PERMITS FOR PUBLIC BLDG AND OTHER PUBLIC WORKS September 3, 1954 and 36 CFR Part 251,
Subpart B, as amended, and is subject to their provisions.
B. AUTHORIZED OFFICER. The authorized officer is the Forest or Grassland Supervisor or a subordinate
officer with delegated authority.
C. TERM. This permit shall expire at midnight on 12/31/2037, 20 years from the date of issuance.
D. RENEWAL. This permit is not renewable. Prior to expiration of this permit, the holder may apply for a
new permit that would renew the use and occupancy authorized by this permit. Applications for a new permit
must be submitted at least 6 months prior to expiration of this permit. Renewal of the use and occupancy
authorized by this permit shall be at the sole discretion of the authorized officer. At a minimum, before
renewing the use and occupancy authorized by this permit, the authorized officer shall require that (1) the use
and occupancy to be authorized by the new permit is consistent with the standards and guidelines in the
applicable land management plan; (2) the type of use and occupancy to be authorized by the new permit is the
same as the type of use and occupancy authorized by this permit; and (3) the holder is in compliance with all
the terms of this permit. The authorized officer may prescribe new terms and conditions when a new permit is
issued.

E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the
discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new terms that
may be required by law, regulation, directive, the applicable forest land and resource management plan, or
projects and activities implementing a land management plan pursuant to 36 CFR Part 215.
F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In
exercising the rights and privileges granted by this permit, the holder shall comply with all present and future
federal laws and regulations and all present and future state, county, and municipal laws, regulations, and
other legal requirements that apply to the permit area, to the extent they do not conflict with federal law,
regulation, or policy. The Forest Service assumes no responsibility for enforcing laws, regulations, and other
legal requirements that fall under the jurisdiction of other governmental entities.
G. NON-EXCLUSIVE USE. The use or occupancy authorized by this permit is not exclusive. The Forest
Service reserves the right of access to the permit area, including a continuing right of physical entry to the
permit area for inspection, monitoring, or any other purpose consistent with any right or obligation of the
United States under any law or regulation. The Forest Service reserves the right to allow others to use the
permit area in any way that is not inconsistent with the holder's rights and privileges under this permit, after
consultation with all parties involved. Except for any restrictions that the holder and the authorized officer
agree are necessary to protect the installation and operation of authorized temporary improvements, the lands
and waters covered by this permit shall remain open to the public for all lawful purposes.
H. ASSIGNABILITY. This permit is not assignable or transferable.
I. TRANSFER OF TITLE TO THE IMPROVEMENTS.
1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or part
of the authorized improvements is contemplated.
2. Transfer of Title. Any transfer of title to the improvements covered by this permit shall result in termination
of the permit. The party who acquires title to the improvements must submit an application for a permit. The
Forest Service is not obligated to issue a new permit to the party who acquires title to the improvements. The
authorized officer shall determine that the applicant meets requirements under applicable federal regulations.
ILIMPROVEMENTS
A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any
structure or facility or to conduct any activity, unless specifically authorized by this permit. Any use not
specifically authorized by this permit must be proposed in accordance with 36 CFR 251.54. Approval of such
a proposal through issuance of a new permit or permit amendment is at the sole discretion of the authorized
officer.
B. PLANS. All plans for development, layout, construction, reconstruction, or alteration of improvements in
the permit area, as well as revisions to those plans must be prepared by a professional engineer, architect,
landscape architect, or other qualified professional based on federal employment standards acceptable to the
authorized officer. These plans and plan revisions must have written approval from the authorized officer
before they are implemented. The authorized officer may require the holder to furnish as -built plans, maps, or
surveys upon completion of the work.
HI. OPERATIONS.

A. PERIOD OF USE. Use or occupancy of the permit area shall be exercised at least 365 days each year.
B. CONDITION OF OPERATIONS. The holder shall maintain the authorized improvements and permit
area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and
consistent with other provisions of this permit. Standards are subject to periodic change by the authorized
officer when deemed necessary to meet statutory, regulatory, or policy requirements or to protect national
forest resources. The holder shall comply with inspection requirements deemed appropriate by the authorized
officer.
C. INSPECTION BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations
and reserves the right to inspect the permit area and transmission facilities at any time for compliance with the
terms of this permit. The holder's obligations under this permit are not contingent upon any duty of the Forest
Service to inspect the permit area or transmission facilities. A failure by the Forest Service or other
governmental officials to inspect is not a justification for noncompliance with any of the terms and conditions
of this permit.
IV. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract
or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are
reviewable solely under the procedures set forth in 36 CFR 251, Subpart C and 5 U.S.C. 704. This permit does
not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real
property, does not convey any interest in real property, and may not be used as collateral for a loan.
B. VALID OUTSTANDING RIGHTS. This permit is subject to all valid outstanding rights. Valid
outstanding rights include those derived under mining and mineral leasing laws of the United States. The
United States is not liable to the holder for the exercise of any such right.
C. ABSENCE OF THIRD -PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to
confer any rights on any third party as a beneficiary under this permit.
D. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road or trail
maintenance, water, fire protection, search and rescue, or any other such service by a government agency,
utility, association, or individual.
E. RISK OF LOSS. The holder assumes all risk of loss associated with use or occupancy of the permit area,
including but not limited to theft, vandalism, fire and any fire -fighting activities (including prescribed burns),
avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If authorized temporary
improvements in the permit area are destroyed or substantially damaged, the authorized officer shall conduct
an analysis to determine whether the improvements can be safely occupied in the future and whether
rebuilding should be allowed. If rebuilding is not allowed, the permit shall terminate.
F. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from
damage the land, property, and other interests of the United States. Damage includes but is not limited to fire
suppression costs, damage to government -owned improvements covered by this permit, and all costs and
damages associated with or resulting from the release or threatened release of a hazardous material occurring
during or as a result of activities of the holder or the holder's heirs, assigns, agents, employees, contractors, or
lessees on, or related to, the lands, property, and other interests covered by this permit. For purposes of clause
IV.F and section V, "hazardous material" shall mean (a) any hazardous substance under section 101(14) of the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §

9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. § 9601(33); (c) any
petroleum product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance,
extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials,
pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or
potential hazard to human health or the environment under any applicable environmental laws.
1. The holder shall avoid damaging or contaminating the environment, including but not limited to the soil,
vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the holder's use or
occupancy of the permit area. If the environment or any government property covered by this permit becomes
damaged during the holder's use or occupancy of the permit area, the holder shall immediately repair the
damage or replace the damaged items to the satisfaction of the authorized officer and at no expense to the
United States.
2. The holder shall be liable for all injury, loss, or damage, including fire suppression, prevention and control
of the spread of invasive species, or other costs in connection with rehabilitation or restoration of natural
resources associated with the use or occupancy authorized by this permit. Compensation shall include but not
be limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or other
mitigation, fire suppression or other types of abatement costs, and all administrative, legal (including
attorney's fees), and other costs. Such costs may be deducted from a performance bond required under clause
N.I.
3. The holder shall be liable for damage caused by use of the holder or the holder's heirs, assigns, agents,
employees, contractors, or lessees to all roads and trails of the United States to the same extent as provided
under clause IV.F.1, except that liability shall not include reasonable and ordinary wear and tear.
G. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The holder shall promptly abate as
completely as possible and in compliance with all applicable laws and regulations any activity or condition
arising out of or relating to the authorized use or occupancy that causes or threatens to cause a hazard to public
health or the safety of the holder's employees or agents or harm to the environment (including areas of
vegetation or timber, fish or other wildlife populations, their habitats, or any other natural resources). The
holder shall prevent impacts to the environment and cultural resources by implementing actions identified in
the operating plan to prevent establishment and spread of invasive species. The holder shall immediately
notify the authorized officer of all serious accidents that occur in connection with such activities. The
responsibility to protect the health and safety of all persons affected by the use or occupancy authorized by
this permit is solely that of the holder. The Forest Service has no duty under the terms of this permit to inspect
the permit area or operations and activities of the holder for hazardous conditions or compliance with health
and safety standards,
H. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold
harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past,
present, and future acts or omissions of the holder in connection with the use or occupancy authorized by this
permit. This indemnification provision includes but is not limited to acts and omissions of the holder or the
holder's heirs, assigns, agents, employees, contractors, or lessees in connection with the use or occupancy
authorized by this permit which result in (1) violations of any laws and regulations which are now or which
may in the future become applicable, and including but not limited to those environmental laws listed in
clause V.A of this permit; (2) judgments, claims, demands, penalties, or fees assessed against the United
States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release
of any solid waste, hazardous waste, hazardous materials, pollutant, contaminant, oil in any form, or
petroleum product into the environment. The authorized officer may prescribe terms that allow the holder to

replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in addition to or
as an alternative to monetary indemnification.
I. BONDING. The authorized officer may require the holder to furnish a surety bond or other security for any
of the obligations imposed by the terms and conditions of this permit or any applicable law, regulation, or
order.
V. RESOURCE PROTECTION
A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use or
occupancy authorized by this permit comply with all applicable federal, state, and local environmental laws
and regulations, including but not limited to those established pursuant to the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq., the Clean Air Act, as
amended, 42 U.S.C. 7401 et seq., CERCLA, as amended, 42 U.S.C. 9601 et seq., the Toxic Substances
Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.
B. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism and
disorderly conduct and when necessary shall contact the appropriate law enforcement officer.
C. PESTICIDE USE. Pesticides may not be used outside of buildings to control undesirable woody and
herbaceous vegetation (including aquatic plants), insects, rodents, fish, and other pests and weeds without
prior written approval from the authorized officer. A request for approval of planned uses of pesticides shall
be submitted annually by the holder on the due date established by the authorized officer. The report shall
cover a 12-month period of planned use beginning 3 months after the reporting date. Information essential for
review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to
emergency request and approval, only when unexpected outbreaks of pests or weeds require control measures
that were not anticipated at the time an annual report was submitted. Only those materials registered by the
U.S. Environmental Protection Agency for the specific purpose planned shall be considered for use on
National Forest System lands. Label instructions and all applicable laws and regulations shall be strictly
followed in the application of pesticides and disposal of excess materials and containers.
D. ARCHAEOLOGICAL -PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify
the authorized officer of all antiquities or other objects of historic or scientific interest, including but not
limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and
occupancy authorized by this permit. The holder shall leave these discoveries intact and in place until directed
otherwise by the authorized officer. Protective and mitigative measures specified by the authorized officer
shall be the responsibility of the holder.
E. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION. In accordance with 25
U.S.C. 3002(d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects,
sacred objects, or objects of cultural patrimony on National Forest System lands, the holder shall immediately
cease work in the area of the discovery and shall make a reasonable effort to protect and secure the items. The
holder shall immediately notify the authorized officer by telephone of the discovery and shall follow up with
written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume
until 30 days after the authorized officer certifies receipt of the written confirmation, if resumption of the
activity is otherwise lawful, or at any time if a binding written agreement has been executed between the
Forest Service and the affiliated Indian tribes that adopts a recovery plan for the human remains and objects.
F. PROTECTION OF HABITAT OF THREATENED, ENDANGERED, AND SENSITIVE SPECIES.

The location of sites within the permit area needing special measures for protection of plants or animals listed
as threatened or endangered under the Endangered Species Act (ESA) of 1973, 16 U.S.C. 1531 et seq., as
amended, or identified as sensitive or otherwise requiring special protection by the Regional Forester under
Forest Service Manual (FSM) 2670, pursuant to consultation conducted under section 7 of the ESA, may be
shown on the ground or on a separate map. The map shall be attached to this permit as an appendix. The
holder shall take any protective and mitigative measures specified by the authorized officer. If protective and
mitigative measures prove inadequate, if other sites within the permit area containing threatened, endangered,
or sensitive species or species otherwise requiring special protection are discovered, or if new species are
listed as threatened or endangered under the ESA or identified as sensitive or otherwise requiring special
protection by the Regional Forester under the FSM, the authorized officer may specify additional protective
and mitigative measures. Discovery of these sites by the holder or the Forest Service shall be promptly
reported to the other party.
G. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous
materials at the site without prior written approval from the authorized officer. This approval shall not be
unreasonably withheld. If the authorized officer provides approval, this permit shall include, or in the case of
approval provided after this permit is issued, shall be amended to include specific terms addressing the storage
of hazardous materials, including the specific type of materials to be stored, the volume, the type of storage,
and a spill plan. Such terms shall be proposed by the holder and are subject to approval by the authorized
officer.
1. If the holder receives consent to store hazardous material, the holder shall identify to the Forest Service any
hazardous material to be stored at the site. Such identification information shall be consistent with column (1)
of the table of hazardous materials and special provisions enumerated at 49 CFR 172.101 whenever the
hazardous material appears in that table. For hazard communication purposes, the holder shall maintain
Material Safety Data Sheets for any stored hazardous chemicals, consistent with 29 CFR 1910.1200(c) and
(g). In addition, all hazardous materials stored by the holder shall be used, labeled, stored, transported, and
disposed of in accordance with all applicable federal, state, and local laws and regulations.
2. The holder shall not release any hazardous material as defined in clause IV,F. on to land or into rivers,
streams, impoundments, or natural or man-made channels leading to them. All prudent and safe attempts must
be made to contain any release of these materials. The authorized officer in charge may specify specific
conditions that must be met, including conditions more stringent than federal, state, and local regulations, to
prevent releases and protect natural resources.
H. CLEANUP AND REMEDIATION
1. The holder shall immediately notify all appropriate response authorities, including the National Response
Center and the authorized officer or the authorized officer's designated representative, of any oil discharge or
of the release of a hazardous material in the permit area in an amount greater than or equal to its reportable
quantity, in accordance with 33 CFR Part 153, Subpart B, and 40 CFR Part 302. For the purposes of this
requirement, "oil" is as defined by section 311(a) (1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The
holder shall immediately notify the authorized officer or the authorized officer's designated representative of
any release or threatened release of any hazardous material in or near the permit area which may be harmful to
public health or welfare or which may adversely affect natural resources on federal lands.
2. Except with respect to any federally permitted release as that term is defined under Section 101(10) of
CERCLA, 42 U.S.C. 9601(10), the holder shall clean up or otherwise remediate any release, threat of release,
or discharge of hazardous materials that occurs either in the permit area or in connection with the holder's
activities in the permit area, regardless of whether those activities are authorized under this permit. The holder

shall perform cleanup or remediation immediately upon discovery of the release, threat of release, or
discharge of hazardous materials. The holder shall perform the cleanup or remediation to the satisfaction of
the authorized officer and at no expense to the United States. Upon revocation or termination of this permit,
the holder shall deliver the site to the Forest Service free and clear of contamination.
I. CERTIFICATION UPON REVOCATION OR TERMINATION. If the holder uses or stores hazardous
materials at the site, upon revocation or termination of this permit the holder shall provide the Forest Service
with a report certified by a professional or professionals acceptable to the Forest Service that the permit area is
uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of
hazardous materials upon the permit area, into surface water at or near the permit area, or into groundwater
below the permit area during the term of the permit. This certification requirement may be waived by the
authorized officer when the Forest Service determines that the risks posed by the hazardous material are
minimal. If a release or discharge has occurred, the professional or professionals shall document and certify
that the release or discharge has been fully remediated and that the permit area is in compliance with all
federal, state, and local laws and regulations.
VI. LAND USE FEE AND ACCOUNTING ISSUES
A. LAND USE FEES. All fees are waived for this use.
B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to
reflect the market value of the authorized use or occupancy or when the fee system used to calculate the land
use fee is modified or replaced.
VII. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this permit in whole
or in part:
1. For noncompliance with federal, state, or local law.
2. For noncompliance with the terms of this permit.
3. For abandonment or other failure of the holder to exercise the privileges granted.
4. With the consent of the holder.
5. For specific and compelling reasons in the public interest.
Prior to revocation or suspension, other than immediate suspension under clause VII.B, the authorized officer
shall give the holder written notice of the grounds for revocation or suspension. In the case of revocation or
suspension based on clause VII.A.I, 2, or 3, the authorized officer shall give the holder a reasonable time,
typically not to exceed 90 days, to cure any noncompliance.
B. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or
in part when necessary to protect public health or safety or the environment. The suspension decision shall be
in writing. The holder may request an on -site review with the authorized officer's supervisor of the adverse
conditions prompting the suspension. The authorized officer's supervisor shall grant this request within 48
hours. Following the on -site review, the authorized officer's supervisor shall promptly affirm, modify, or
cancel the suspension.

C. APPEALS AND REMEDIES. Written decisions by the authorized officer relating to administration of
this permit are subject to administrative appeal pursuant to 36 CFR Part 214 as amended. Revocation or
suspension of this permit shall not give rise to any claim for damages by the holder against the Forest Service.
D. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event,
or time occurs without any action by the authorized officer. Examples include but are not limited to expiration
of the permit by its terms on a specified date and termination upon change of control of the business entity.
Termination of this permit shall not require notice, a decision document, or any environmental analysis or
other documentation. Termination of this permit is not subject to administrative appeal and shall not give rise
to any claim for damages by the holder against the Forest Service.
E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT
RENEWAL. Upon revocation or termination of this permit without renewal of the authorized use, the holder
shall remove all structures and improvements, except those owned by the United States, within a reasonable
period prescribed by the authorized officer and shall restore the site to the satisfaction of the authorized
officer. If the holder fails to remove all structures and improvements within the prescribed period, they shall
become the property of the United States and may be sold, destroyed, or otherwise disposed of without any
liability to the United States. However, the holder shall remain liable for all costs associated with their
removal, including costs of sale and impoundment, cleanup, and restoration of the site.
VIII. MISCELLANEOUS PROVISIONS
A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall
benefit from this permit either directly or indirectly, except to the extent the authorized use provides a general
benefit to a corporation.
B. CURRENT ADDRESSES. The holder and the Forest Service shall keep each other informed of current
mailing addresses, including those necessary for billing and payment of land use fees.
C. SUPERSEDED PERMIT. This permit supersedes a special use permit designated COUNTY OF
CARTERET, CR0108103, dated 10/21/1983.
D. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any of the
following clauses, the preceding printed clauses shall control.

THIS PERMIT IS ACCEPTED SUBJECT TO ALL ITS TERMS AND CONDITIONS.
BEFORE ANY PERMIT IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED
TO THE AUTHORIZED OFFICER OF THE AUTHORITY OF THE SIGNATORY FOR THE
ENTITY TO BIND IT TO THE TERMS AND CONDITIONS OF THE PERMIT.
ACCEPTED:
HOLDER NAME, PRECEDED BY NAME AND TITLE SIGNATURE DATE
OF PERSON SIGNING ON BEHALF OF HOLDER,
IF HOLDER IS AN ENTITY
APPROVED:
Ruston A. Nicholas
NAME AND TITLE OF AUTHORIZED OFFICER SIGNATURE DATE
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082. The time
required to complete this information collection is estimated to average one hour per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin,
gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.)
Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact
USDA's TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or
call [phone] (voice) or [phone] (TDD). USDA is an equal opportunity provider and employer
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information
received by the Forest Service.