20181034 Ver 1_Categorical Exclusion_FINAL_2018_20210510

Appendix A
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 1 .4
Note: Only Appendix A should to be submitted (along with any supporting documentation)as the
environmental document.
Part 1: General Project Information
Project Name: LIT to Rush Fork Stream Mitigation Project
County Name: Haywood
EEP Number: DMS# 100068: Contract#00735
Project Sponsor: Michael Baker Engineering, Inc.
Project Contact Name: Micky Clemmons
Project Contact Address: 797 Haywood Road, Suite 201. Asheville, NC
Project Contact E-mail: Mclemmons • mbakerintl.com
EEP Project Manager: Paul Wiesner maul_wiesner• ncdenr.•ov
Project Description
The UT to Rush Fork Stream Mitigation Project is located in the Crabtree Community of Haywood County, NC.
The project site is located in the French Broad River Basin (06010109) and the NC DM5 Targeted Local
Watershed (TLW) 06010106020010. The project site is bisected by Rush Fork Road approximately 1,8 miles
north of its intersection with Silvers Coves Road.
The existing stream reaches have been significantly impacted by unrestricted livestock access and removal of
riparian buffers. Most of the project reaches have cleared banks with a mix of small scattered trees and stands
of invasive species located at the top of bank. Currently,the project reaches are unstable, incised, and exhibit
active bank erosion from both high flows and livestock access.
The project will involve the restoration and enhancement of approximately 5,300 LE of existing stream. A Best
Management Practice (BMP) will also be implemented at the head of one of the tributaries to treat nutrient
and sediment laden run-off from the surrounding pasture area. Degraded riparian wetlands will be restored
and/or enhanced with the implementation of Priority Level 1 restoration, livestock exclusion, and native
riparian buffer plantings. At this time, no wetland credit is being sought for the project. A conservation
easement will be implemented along all project reaches in an excess of 30 feet from the top of bank and will
incorporate existing functional wetlands. The conservation easement will protect the entire project area in
perpetuity. Livestock will be excluded from the conservation easement with permanent fencing.
�j / For Official Use Only
Reviewed d�/h
Date EEP Project Manager
Conditional Approved By:
Date For Division Administrator
FHWA
❑ Check this box if there are outstanding issues
Final Approval By:
1
Date For Division Administrator
FHWA
6 Version 1.4, 8/16/05

Part 2: All Projects
Regulation/Question Response
Coastal Zone Management Act(CZMA)
1. Is the project located in a CAMA county? ❑ Yes
® No
2. Does the project involve ground-disturbing activities within a CAMA Area of ❑ Yes
Environmental Concern (AEC)? ❑ No
® N/A
3. Has a CAMA permit been secured? ❑ Yes
❑ No
® N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes
Program? ❑ No
® N/A
Comprehensive Environmental Response, Compensation and Liability Act(CERCLA)
1. Is this a "full-delivery" project? ® Yes
❑ No
2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes
designated as commercial or industrial? ® No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes
hazardous waste sites within or adjacent to the project area? ® No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes
waste sites within or adjacent to the project area? ❑ No
® N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous ❑ Yes
waste sites within the project area? ❑ No
® N/A
6. Is there an approved hazardous mitigation plan? ❑ Yes
❑ No
® N/A
National Historic Preservation Act(Section 106)
1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes
Historic Places in the project area? ® No
2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes
❑ No
® N/A
3. If the effects are adverse, have they been resolved? ❑ Yes
❑ No
® N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act)
1. Is this a "full-delivery" project? ® Yes
❑ No
2. Does the project require the acquisition of real estate? ® Yes
❑ No
❑ N/A
3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes
® No
❑ N/A
4. Has the owner of the property been informed: ® Yes
* prior to making an offer that the agency does not have condemnation authority; and ❑ No
*what the fair market value is believed to be? ❑ N/A
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Part 3: Ground-Disturbing Activities
Regulation/Question Response
American Indian Religious Freedom Act(AIRFA)
1. Is the project located in a county claimed as "territory" by the Eastern Band of ® Yes
Cherokee Indians? ❑ No
2. Is the site of religious importance to American Indians? ❑ Yes
® No
❑ N/A
3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes
Places? ❑ No
® N/A
4. Have the effects of the project on this site been considered? ❑ Yes
❑ No
® N/A
Antiquities Act (AA)
1. Is the project located on Federal lands? ❑ Yes
® No
2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes
of antiquity? ❑ No
® N/A
3. Will a permit from the appropriate Federal agency be required? ❑ Yes
❑ No
® N/A
4. Has a permit been obtained? ❑ Yes
❑ No
® N/A
Archaeological Resources Protection Act (ARPA)
1. Is the project located on federal or Indian lands (reservation)? ❑ Yes
® No
2. Will there be a loss or destruction of archaeological resources? ❑ Yes
❑ No
® N/A
3. Will a permit from the appropriate Federal agency be required? ❑ Yes
❑ No
® N/A
4. Has a permit been obtained? ❑ Yes
❑ No
® N/A
Endangered Species Act (ESA)
1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ® Yes
listed for the county? ❑ No
2. Is Designated Critical Habitat or suitable habitat present for listed species? ® Yes
❑ No
❑ N/A
3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes
Habitat? ® No
❑ N/A
4. Is the project"likely to adversely affect"the specie and/or"likely to adversely modify" ❑ Yes
Designated Critical Habitat? ❑ No
® N/A
5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes
❑ No
® N/A
6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy"determination? ❑ Yes
❑ No
® N/A
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Executive Order 13007 (Indian Sacred Sites)
1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes
by the EBCI? ® No
2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes
project? ❑ No
® N/A
3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes
sites? ❑ No
® N/A
Farmland Protection Policy Act(FPPA)
1. Will real estate be acquired? ® Yes
❑ No
2. Has NRCS determined that the project contains prime, unique, statewide or locally ® Yes
important farmland? ❑ No
❑ N/A
3. Has the completed Form AD-1006 been submitted to NRCS? ® Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act(FWCA)
1. Will the project impound, divert, channel deepen, or otherwise control/modify any ® Yes
water body? ❑ No
2. Have the USFWS and the NCWRC been consulted? ® Yes
❑ No
❑ N/A
Land and Water Conservation Fund Act(Section 6(f))
1. Will the project require the conversion of such property to a use other than public, ❑ Yes
outdoor recreation? ® No
2. Has the NPS approved of the conversion? ❑ Yes
❑ No
® N/A
Magnuson-Stevens Fishery Conservation and Management Act(Essential Fish Habitat)
1. Is the project located in an estuarine system? ❑ Yes
® No
2. Is suitable habitat present for EFH-protected species? ❑ Yes
❑ No
® N/A
3. Is sufficient design information available to make a determination of the effect of the ❑ Yes
project on EFH? ❑ No
® N/A
4. Will the project adversely affect EFH? ❑ Yes
❑ No
® N/A
5. Has consultation with NOAA-Fisheries occurred? ❑ Yes
❑ No
® N/A
Migratory Bird Treaty Act (MBTA)
1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes
® No
2. Have the USFWS recommendations been incorporated? ❑ Yes
❑ No
® N/A
Wilderness Act
1. Is the project in a Wilderness area? ❑ Yes
® No
2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes
federal agency? ❑ No
® N/A
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UT to Rush Fork Stream Mitigation Project—Option A/Categorical Exclusion—Summary
French Broad River Basin—CU#06010106—Haywood County,NC
NCDMS Project ID No. 100068;NCDEQ Contract No. 007535
Project Background
The UT to Rush Fork Stream Mitigation project is proposing to restore and enhance approximately 5,300
linear feet (LF)jurisdictional stream within the Pigeon River Basin for the purpose of obtaining stream
mitigation credit for the NC Division of Mitigation Services (DMS). Project reaches have been
significantly impacted by unrestricted livestock access and removal of riparian buffers. Stream banks
consist of heavily grazed pasture grass with some small scattered trees, mixed with pockets of invasive
species. Project reaches are unstable, incised and exhibit active bank erosion from both high flows and
livestock access. Livestock will be permanently excluded from all project areas. Buffers in excess of 30
feet will be established along all proposed reaches. In addition, most of the existing functional wetlands
will be incorporated inside the conservation easement to protect them in perpetuity.
The National Environmental Policy Act of 1969 (NEPA) requires agencies to use an interdisciplinary
approach in planning and decision-making for actions that will have an impact on the environment. The
Federal Highway Administration (FHWA) and NC Department of Transportation (NCDOT) have
determined that DMS projects will not involve significant impacts and therefore a Categorical Exclusion
(CE) is the appropriate type of environmental document for this project. FHWA has also determined that
stream restoration projects are considered land disturbing activities; therefore, Parts 2 and 3 of the DMS
CE checklist and a summary of the findings applicable to the environmental regulations associated for this
project are included. Supporting documentation is included in the Appendix.
Comprehensive Environmental Response, Compensation and Liability Act(CERCLA)
A preliminary review of the project and adjacent parcels zoning/land use status was conducted on June 1,
2018 using the Haywood County, NC GIS mapping application
(http://maps.haywoodnc.net/gisweb/default.htm). Results from the online review showed that there are no
commercial or industrial designated parcels within the project area, nor are there any commercial or
industrial designated parcels abutting,adjacent to,or within one mile of the project area. All properties are
zoned either as open land, wooded, or homesite. A search of environmental records for the project area
was conducted on August 13,2018 by Environmental Data Resources,Inc(EDR). Results from the EDR's
Radius Map Report did not find any current nor historic hazardous waste records for any properties within
or adjacent to the project review area. See the Appendix for full EDR report. Based on these results, no
additional documentation is required to meet regulatory compliance for CERCLA.
National Historic Preservation Act(Section 106)
Michael Baker Engineering, Inc. (Baker) requested a review and comment from the State Historic
Preservation Office(SHPO)and the Eastern Band of Cherokee Indians' Tribal Historic Preservation Office
(EBCI THPO)on any possible issues that might emerge with respect to architectural,archaeological,and/or
cultural resources from the restoration project on June 1, 2018. On June 28, 2018,Baker received a letter
from EBCI THPO with the finding that no cultural resources important to the Cherokee people should be
adversely impacted by the proposed project. On July 3,2018,Baker received a response letter from SHPO
finding that no historic resources would be affected by the project. All correspondence on this issue is
included in the Appendix.
Uniform Relocation Assistance and Real Property Act
Prior to signing the Option Agreement for the Conservation Easement, each property owner of the land
involved in the restoration project was notified that Baker does not have condemnation authority and as to
the fair market value of the land involved. Copies of each Option Agreement is included in the Appendix.
UT to Rush Fork Stream Mitigation Project—Option A;DMS Project No. 100068
Michael Baker Engineering,Inc.
CE Summary

Endangered Species Act(ESA)
Michael Baker Engineering, Inc. (Baker) conducted an on-line review of the project area with the use of
the United States Fish and Wildlife Service (USFWS)IPAC website(https://ecos.fws.gov/ipac/),on May
21, 2018. This review generated an Official Species List(OSL),which identifies threatened,endangered,
proposed and candidate species, as well as proposed and final designated critical habitat, that may occur
within the boundary of the proposed project and/or may be affected by proposed project. Results from
review, found the following nine federally listed species. No USFWS designated critical habitats were
located within the project boundaries.
Scientific Name Common Name Federal Habitat Biological Conclusion
Status Present
Glaucomys sabrinus Carolina Northern Flying No No Effect
coloratus Squirrel
Myotis grisescens Gray Bat E No No Effect
Myotis sodalis Indiana Bat E No No Effect
Myotis septentrionalis Northern Long-eared Bat T No No Effect
Alasmidonta raveneliana Appalachian Elktoe E No No Effect
Microhexura montivaga Spruce-fir Moss Spider E No No Effect
Isotria medeoloides Small Whorled Pogonia T Yes No Effect
Geum radiatum Spreading Avens E No No Effect
Gymnoderma lineare Rock Gnome Lichen E No No Effect
Baker conducted a two-mile radius search using the Natural Heritage Program (NCNHP) Data Explorer
(https://ncnhde.natureserve.org/) on May 22, 2018. Results from this search found no known occurrences
of any of the above referenced species within two miles of the project site.
Based on our review, field surveys,USFWS and FHWA consultation,Baker has developed the following
determinations for the above referenced species.
Glaucomys sabrinus coloratus(Carolina Northern Flying Squirrel) —Endangered
USFWS optimal survey window: May-October
The endangered Carolina northern flying squirrel is a subspecies of the northern flying squirrel. The
northern flying squirrel is a small nocturnal gliding mammal usually 10 to 12 inches in length and 3-5
ounces in weight. It possesses a long, broad, flattened tail which encompasses approximate 80 percent of
head and body length, prominent eyes, and dense, silky fur. The broad tail and folds of skin between the
wrist and ankle form the aerodynamic surface used for gliding. Adults are gray with a brownish, tan, or
reddish wash on the back,and their fur fades to a buff white on the belly.
There are several isolated populations of the Carolina northern flying squirrel in the mountains of North
Carolina. These populations are typically found in areas where northern hardwoods, such as yellow birch,
beech, maple, hemlock, red oak, and buckeye, are adjacent to the higher-elevation red spruce-Fraser fir
forests, typically at elevations greater than 4,500 feet above mean sea level (AMSL). In some instances,
the squirrels may be found on narrow, north-facing valleys greater than 4,000 feet AMSL. Both forest
types are used to search for food and the hardwood forest is used for nesting sites. Mature forests with a
thick evergreen understory and numerous snags are most preferable. In winter,squirrels inhabit tree cavities
in older hardwoods,particularly yellow birch.
No critical habitat has been designated for this species.
Biological Conclusion: No Effect
UT to Rush Fork Stream Mitigation Project—Option A;DMS Project No. 100068
Michael Baker Engineering,Inc.
CE Summary

The study area does not occur at the proper elevation to support habitat for the Carolina northern flying
squirrel. Elevations within the study area range from approximately 2,900 to 3,100 feet AMSL. A review
of NCNHP records conducted on May 22,2018 does not indicate known Carolina northern flying squirrel
occurrence within 2.0 miles of the study area. Therefore, since no habitat is present,the proposed project
is anticipated to have "No Effect"on the Carolina northern flying squirrel.
Myotis grisescens(Gray Bat)—Endangered
USFWS optimal survey window: May15-August 15 (summer);January 15-February 15 (winter)
The gray bat is the largest member of its genus in the eastern United States, and is easily distinguishable
from all other bats within its range by its mono-colored fur. Following molt in July or August, gray bats
are dark gray, but they often bleach to chestnut brown or russet between molts (especially apparent in
reproductive females during May and June). The wing membrane connects to the foot at the ankle rather
than at the base of the first toe,as in other species of Myotis.
Gray bats roost predominantly in caves year-round. Most winter caves are deep and vertical, while cave
types vary during the spring and fall transient periods. In summer,maternity colonies prefer caves that act
as warm air traps or that provide restricted rooms or domed ceilings that are capable of trapping the
combined body heat from thousands of clustered individuals and are located within one half mile of a river
or reservoir,which provides foraging habitat.
No critical habitat has been designated for this species.
Biological Conclusion: No Effect
The project site is not located within a 0.5 mile of a river or reservoir nor have any caves,that would provide
roosting habitat,been found within the study area.Additionally,a review of NCNHP records conducted on
May 22, 2018 did not indicate known gray bat occurrence within 2.0 miles of the study area. Therefore,
since no roosting habitat nor foraging habitat will be impacted,the proposed project is anticipated to have
No Effect on the gray bat.
Myotis sodalist(Indiana Bat)—Endangered
USFWS optimal survey window: May15 -August 15 (summer)
The Indiana bat is a medium-sized bat,with a head and body length ranging from 1.6— 1.9 in. The species
closely resembles the little brown bat (Myotis lucifugus) and the northern long-eared bat (Myotis
septentrionalis). Its hind feet tend to be small and delicate with fewer, shorter hairs than other bats of the
Myotis genus.The fur lacks luster.The ears and wing membranes have a dull appearance and flat coloration
that does not contrast with the fur. The fur of the chest and belly is lighter than the pinkish-brown fur on
the back,but does not contrast as strongly as does that of the little brown or northern long-eared bats.
Indiana bats winter in caves or mines with stable, but not freezing, cold temperatures. In summer they
generally roost in the loose bark of trees,either dead trees with peeling bark,or live trees with shaggy bark,
such as white oak and some hickories.
Critical Habitat for the Indiana Bat was designated on September 24, 1976. Based on the IPAC Official
Species List generated,the project lies outside the critical habitat.
Biological Conclusion: No Effect
The IPAC Official Species List generated on May 21,2018, stated that the presence of the species may be
affected by the proposed project; therefore, Baker conducted a two-mile radius search using the Natural
Heritage Program's Data Explorer(https://ncnhde.natureserve.org/)on May 22,2018 and found no known
occurrences of the Indiana bat within two miles of the Project site,nor are there any caves within the project
area that would provide hibernation habitat. Because the project will include the removal/clearing of trees,
Baker conducted a field review on May 23, 2018 to determine the presence or absence of roosting habitat
for the species within the project area. Results of the field review found that there were no shagbark hickory
UT to Rush Fork Stream Mitigation Project—Option A;DMS Project No. 100068
Michael Baker Engineering,Inc.
CE Summary

or similar type trees within the project area that would provide roosting habitat for the Indian bat;therefore,
no suitable habitat will be removed nor cleared as result of the project. Based on these findings, the
biological opinion criteria outlined in the Range-wide Programmatic Consultation for Indiana Bat and
Northern Long-eared Bat (Version 5.0, February 2018) deems that the project will meet Section 7(a)(2)
requirements of the ESA with the use of the 2018 programmatic biological opinion of"No Effect" for the
Indiana bat. A copy of the Consistency letter(TAILS O4EN1000-2018-R-0426)associated with the project
determination is included in the Appendix.
Myotis septentrionalis(Northern Long-Eared Bat)—Threatened
USFWS optimal survey window: June 1-August 15
In North Carolina,the NLEB occurs in the mountains,with scattered records in the Piedmont and coastal
plain. In western North Carolina,NLEB spend winter hibernating in caves and mines. Since this species is
not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern
North Carolina,it is uncertain whether or where NLEB hibernate in eastern NC.During the summer,NLEB
roost singly or in colonies underneath bark,in cavities,or in crevices of both live and dead trees(typically
>3 inches dbh). This bat also been found, rarely, roosting in structures like barns and sheds, under eaves
of buildings,behind window shutters, in bridges, and in bat houses. Pregnant females give birth from late
May to late July. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings,
over water,and along tree-lined corridors.Mature forests may be an important habitat type for foraging.
No critical habitat has been designated for this species.
Biological Conclusion: No Effect
The IPAC Official Species List generated on May 21,2018, stated that the presence of the species may be
affected by the proposed project; therefore, Baker conducted a two-mile radius search using the Natural
Heritage Program's Data Explorer(https://ncnhde.natureserve.org/)on May 22,2018 and found no known
occurrences of the NLEB within two miles of the Project site, nor are there any caves within the project
area that would provide hibernation habitat. Because the project will include the removal/clearing of trees,
Baker conducted a field review on May 23, 2018 to determine the presence or absence of roosting habitat
for the species within the project area. Results of the field review found that there were no shagbark hickory
or similar type trees within the project area that would provide roosting habitat for the NLEB;therefore,no
suitable habitat will be removed nor cleared as result of the project. Based on these findings,the biological
opinion criteria outlined in the Range-wide Programmatic Consultation for Indiana Bat and Northern
Long-eared Bat(Version 5.0,February 2018)deems that the project will meet Section 7(a)(2)requirements
of the ESA with the use of the 2018 programmatic biological opinion of"No Effect"for the NLEB. A copy
of the Consistency letter (TAILS O4EN1000-2018-R-0426) associated with the project determination is
included in the Appendix.
Alasmidonta raveneliana(Appalachian Elktoe)—Endangered
USFWS optimal survey window: year round
The Appalachian elktoe has a thin, kidney-shaped shell, extending to about 4 inches. Juveniles generally
have a yellowish-brown outer shell surface,while the adults outer shell is usually dark brown to greenish-
black. Although rays are prominent on some shells,particularly in the posterior portion of the shell,many
individuals have only obscure greenish rays. The inside shell surface is shiny, often white to bluish-white,
changing to a salmon,pinkish,or brownish color in the central and beak cavity portions of the shell; some
specimens may be marked with irregular brownish blotches.
The species has been reported from relatively shallow, medium-sized creeks and rivers with cool, clean,
well-oxygenated, moderate- to fast-flowing water. The species is most often found in riffles, runs, and
shallow flowing pools with stable, relatively silt-free, coarse sand and gravel substrate associated with
cobble,boulders,and/or bedrock. Stability of the substrate appears to be critical to the Appalachian elktoe,
UT to Rush Fork Stream Mitigation Project—Option A;DMS Project No. 100068
Michael Baker Engineering,Inc.
CE Summary

and the species is seldom found in stream reaches with accumulations of silt or shifting sand, gravel, or
cobble. Additional factors known to have contributed to the decline and loss of populations of the
Appalachian elktoe and threaten the remaining populations include habitat loss and alteration associated
with impoundments,channelization,and dredging operations; and the run-off of silt,fertilizers,pesticides,
and other pollutants from poorly implemented land-use/farm activities.
Known current Appalachian elktoe distributions occur in Haywood County as well as in portions of the
Pigeon River system. Critical Habitat for the Appalachian elktoe was designated on September 27,2002.
Based on the IPAC Official Species List generated,the project lies outside the critical habitat.Additionally,
a two-mile radius search using the Natural Heritage Program's Data Explorer
(https://ncnhde.natureserve.org/)on May 22,2018 found no known occurrences of the Appalachian elktoe
within two miles of the Project site.
Biological Conclusion:No Effect
Project streams are located within active agricultural pastures and receives drainage from Rush Fork Road.
As stated previously, stream bank conditions and/riparian conditions along the project reach and
downstream of the project are poor. Areas of active erosion, cattle access, and historical ditching have
caused most of the project reaches and downstream receiving waters to become overwide,to lose continuity
of bed and bank in areas of low slope, and to exhibit erosive features in areas where slopes are steeper.
These conditions have allowed riffles to become embedded with silts and fines and flow velocities to widely
vary within streams; therefore, providing no suitable habitat for the species. Since suitable habitat is not
present,the project will have No Effect"of the Appalachian elktoe.
Microhexura montivaga(Spruce-fir Moss Spider)—Endangered
USFWS Recommended Survey Window: May-August
The spruce-fir moss spider is one of the smallest members of the primitive suborder of spiders popularly
referred to as "tarantulas." Adults of this species measure only 0.10 to 0.15 inch (about the size of a BB).
Coloration of the spruce-fir moss spider ranges from light brown to yellow-brown to a darker reddish
brown, and there are no markings on its abdomen. This species lives on the highest mountain peaks in
spruce-fir forests of the Appalachian Mountains of western North Carolina, eastern Tennessee, and
southwest Virginia.The spruce-fir moss spider occurs in well-drained moss and liverwort mats growing on
rocks or boulders.These mats are found in well-shaded areas in mature,high elevation(>5,000 feet AMSL)
Fraser fir and red spruce forests. The spruce-fir moss spider is very sensitive to desiccation and requires
environments of high and constant humidity.The need for humidity relates to the moss mats,which cannot
become too parched or else the mats become dry and loose. Likewise, the moss mats cannot be too wet
because large drops of water can also pose a threat to the spider.The spider constructs its tube-shaped webs
in the interface between the moss mat and the rock surface. Some webs have been found to extend into the
interior of the moss mat.
Critical Habitat for the Spruce-fir Moss Spider was designated on July 6,2001. Based on the IPAC Official
Species List generated,the project lies outside the critical habitat.
Biological Conclusion:No Effect
The study area does not occur at the proper elevation to support habitat for spruce-fir moss spider.
Elevations within the study area range from approximately 2,900 to 3,100 feet AMSL and does not contain
the high elevation Fraser fir and red spruce forest habitat preferred by spruce-fir moss spider. A review of
NCNHP records on May 22, 2018 found no known occurrences of the spruce-fir moss spider within 2.0
miles of the study area. Therefore, since habitat is not present there should be No Effect"to the spruce-
fir moss spider a result of the proposed project.
Isotria medeoloides(Small whorled pogonia)—Threatened
USFWS Recommended Survey Window: mid-May—early July
UT to Rush Fork Stream Mitigation Project—Option A;DMS Project No. 100068
Michael Baker Engineering,Inc.
CE Summary

Small whorled pogonia is a member of the orchid family and blooms from Mid-May through Early-July.
It is named for the whorl of five or six leaves near the top of a single stem and beneath the small greenish-
yellow flower. The plant occurs in predominantly mature (2nd or 3rd successional growth) mixed-
deciduous or mixed-deciduous/coniferous forests with minimal ground cover and long persistent breaks in
the forest canopy. The species prefers moist,acidic soils that lack nutrient diversity. Primary threats to the
small whorled pogonia include habitat loss and degradation from commercial and residential development,
forestry practices,recreational activities,and trampling.
No critical habitat has been designated for this species.
Biological Conclusion:No Effect
A review of NCNHP records conducted on May 22, 2018 did not indicate any known occurrences of the
small whorled pogonia within 2.0 miles of the study area. However, small areas of acidic soils and a few
small pockets of open wooded area occur along the top of the stream bank within the project site. Since
these conditions may provide marginal habitat for the species,a project site review was conducted on May
23,2018. No populations or individuals of the species were identified during the site review. The project
will have No Effect"on the species.
Geum radiatum (Spreading Avens)-Endangered
USFWS Optimal Survey Window: June - September
Spreading avens is a tall perennial herb(eight to 20 inches)in the rose family. Its distinctive bright yellow
flowers(generally up to 1 inch across)appear from June through September,and fruits form and ripen from
August through October. Spreading avens is known to occur only on high mountain peaks in Western
North Carolina and Eastern Tennessee. This species grows in full sun on the shallow acidic soils of high-
elevation cliffs(above 4,200 feet),rocky outcrops, steep slopes,and on gravelly talus. This perennial herb
also occurs in thin, gravelly soils of grassy balds near summit outcrops. The species prefers a northwest
aspect, but can be found on west-southwest through north-northeast aspects. Forests surrounding known
occurrences are generally dominated by either red spruce-Fraser fir, northern hardwoods with scattered
spruce, or high-elevation red oaks. Spreading avens typically occurs in shallow, acidic soil (such as the
Burton series) in cracks and crevices of igneous, metamorphic, or metasedimentary rocks. Soils may be
well drained but almost continuously wet, with soils at some known occurrences subject to drying out in
summer due to exposure to sun and shallow depths. Known populations occur at elevations ranging from
4,296 to 6,268 feet AMSL.
No critical habitat has been designated for this species.
Biological Conclusion:No Effect
The high elevation cliff,outcrop,and talus habitats preferred by spreading avens are not present within the
study area. A review of NCNHP records conducted on May 22, 2018 did not indicate any known
occurrences of the spreading avens within 2.0 miles of the study area. Therefore, since suitable habitat is
not present within the study area,the proposed project will have No Effect"on species.
Gymnoderma lineare(Rock Gnome Lichen)—Endangered
USFWS Optimal Survey Window: year round
The rock gnome lichen occurs in dense colonies of narrow strap-like lobes that are about 1 millimeter across
and generally one to two centimeters long. These lobes are blue gray on the terminal upper surface, and
generally shiny white on the lower surface, grading to black near the base. Fruiting bodies are black and
have been found from July through September on the tips of these lobes; however, the primary means of
propagation appears to be asexual,with colonies spreading clonally. The rock gnome lichen occurs in high
elevation coniferous forests (particularly those dominated by red spruce and Fraser fir) usually on rocky
outcrop or cliff habitats.This squamulose lichen only grows in areas with a great deal of humidity,such as
UT to Rush Fork Stream Mitigation Project—Option A;DMS Project No. 100068
Michael Baker Engineering,Inc.
CE Summary

high elevations greater than 5,000 feet AMSL where there is often fog, or on boulders and large outcrops
in deep river gorges at lower elevations. Habitat is primarily limited to vertical rock faces where seepage
water from forest soils above flows only at very wet times. The species requires a moderate amount of
sunlight, but cannot tolerate high-intensity solar radiation. The lichen does well on moist, generally open
sites with northern exposures,but requires at least partial canopy coverage on southern or western aspects
because of its intolerance to high solar radiation.
No critical habitat has been designated for this species.
Biological Conclusion:No Effect
The study area does not occur at the proper elevation to support habitat for rock gnome lichen. Elevations
within the study area are approximately 2,900 to 3,100 feet AMSL and does not contain the high elevation
rock face habitat preferred by rock gnome lichen. A review of NCNHP records, conducted on May 22,
2018,did not indicate a known rock gnome lichen occurrence within 2.0 mile of the study area. Therefore,
since habitat is not present, No Effect" to rock gnome lichen is anticipated to occur as a result of the
proposed project.
Farmland Protection Policy Act(FPPA)
On June 5, 2018, Baker submitted the AD-1006 form for the UT to Rush Fork Stream Mitigation Project
to the North Carolina State Natural Resources Conservation Service(NRCS)Office. The NRCS responded
on June 28,2018 with the determination that implementation of this restoration project would result in the
conversion of 7.0 acres of prime farmland soils. Baker submitted the completed AD-1006 form to the
NRCS Assistant State Soil Scientist July 16,2018. The completed AD-1006 form and all correspondence
on this issue is included in the Appendix.
Fish and Wildlife Coordination Act(FWCA)
A letter was sent by Baker to the NC Wildlife Resources Commission(NCWRC)and the USFWS on June
5,2018 requesting their comment and review on the UT to Rush Fork Stream Mitigation Project. On June
14,2018,Baker received a response letter from the NCWRC stating that they"do not anticipate any impacts
to wild trout"as a result of the proposed project and that"a moratorium will likely not need to be observed".
As of July 11,2018,Baker has not received any comments from the USFWS. Copies of all correspondence
are included in the Appendix.
Mi2ratory Bird Treaty Act(MBTA)
A letter was sent by Baker to the USFWS on June 5,2018 requesting their comment and review on the UT
to Rush Fork Stream Mitigation Project in relation to migratory birds. As of July 11, 2018,Baker has not
received any comments from the USFWS on this issue. All correspondence with the USFWS is included
in the Appendix.
UT to Rush Fork Stream Mitigation Project—Option A;DMS Project No. 100068
Michael Baker Engineering,Inc.
CE Summary

APPENDIX
UT to Rush Fork Stream Mitigation Project—Option A;DMS Project No. 100068
Michael Baker Engineering,Inc.
CE Summary

UT To Rush Fork Mitigation Project
Rush Fork Road
Clyde, NC 28721
Inquiry Number: 5390710.2s
August 13, 2018
The EDR Radius Map TM Report
6 Armstrong Road,4th floor
Shelton, CT 06484
CE DR® Toll Free:800.352.0050
www.edrnet.com
FORM-LBF-CCA

TABLE OF CONTENTS
SECTION PAGE
Executive Summary _ ES1
Overview Map 2
Detail Map 3
Map Findings Summary 4
Map Findings 8
Orphan Summary_ 9
Government Records Searched/Data Currency Tracking GR-1
GEOCHECK ADDENDUM
GeoCheck - Not Requested
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer-Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from
other sources.NO WARRANTY EXPRESSED OR IMPLIED,IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT.ENVIRONMENTAL
DATA RESOURCES,INC.SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES,INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.ALL RISK IS ASSUMED BY THE USER.IN NO EVENT SHALL
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CONSEQUENTIAL,OR EXEMPLARY DAMAGES.ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES,INC.IS STRICTLY
LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT.Purchaser accepts this Report"AS IS".Any analyses,estimates,ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only,and are not intended to provide,nor
should they be interpreted as providing any facts regarding,or prediction or forecast of,any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
property.Additionally,the information provided in this Report is not to be construed as legal advice.
Copyright 2018 by Environmental Data Resources, Inc.All rights reserved. Reproduction in any media or format,in whole
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EDR and its logos(including Sanborn and Sanborn Map)are trademarks of Environmental Data Resources, Inc.or its affiliates.All other
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TC5390710.2s Page 1

EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc(EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site
Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited
Environmental Due Diligence:Transaction Screen Process(E 1528-14)or custom requirements developed
for the evaluation of environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
RUSH FORK ROAD
CLYDE, NC 28721
COORDINATES
Latitude(North): 35.6446000-35° 38' 40.56"
Longitude(West): 82.9402000-82° 56' 24.72"
Universal Tranverse Mercator: Zone 17
UTM X(Meters): 324338.2
UTM Y(Meters): 3946064.8
Elevation: 2970 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map: 5948484 FINES CREEK, NC
Version Date: 2013
South Map: 5948476 CLYDE, NC
Version Date: 2013
AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from: 20141019
Source: USDA
TC5390710.2s EXECUTIVE SUMMARY 1

MAPPED SITES SUMMARY
Target Property Address:
RUSH FORK ROAD
CLYDE, NC 28721
Click on Map ID to see full detail.
MAP RELATIVE DIST(ft. &mi.)
ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION
NO MAPPED SITES FOUND
5390710.2s Page 2

EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL National Priority List
Proposed NPL Proposed National Priority List Sites
NPL LIENS Federal Superfund Liens
Federal Delisted NPL site list
Delisted NPL National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY Federal Facility Site Information listing
SEMS Superfund Enterprise Management System
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facilities list
CORRACTS Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF RCRA-Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG RCRA-Large Quantity Generators
RCRA-SQG RCRA-Small Quantity Generators
RCRA-CESQG RCRA-Conditionally Exempt Small Quantity Generator
Federal institutional controls/engineering controls registries
LUCIS Land Use Control Information System
US ENG CONTROLS Engineering Controls Sites List
TC5390710.2s EXECUTIVE SUMMARY 3

EXECUTIVE SUMMARY
US INST CONTROL Sites with Institutional Controls
Federal ERNS list
ERNS Emergency Response Notification System
State-and tribal-equivalent NPL
NC HSDS Hazardous Substance Disposal Site
State-and tribal-equivalent CERCLIS
SHWS Inactive Hazardous Sites Inventory
State and tribal landfill and/or solid waste disposal site lists
SWF/LF List of Solid Waste Facilities
OLI Old Landfill Inventory
State and tribal leaking storage tank lists
LAST Leaking Aboveground Storage Tanks
LUST Regional UST Database
INDIAN LUST Leaking Underground Storage Tanks on Indian Land
LUST TRUST State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST Underground Storage Tank Listing
UST Petroleum Underground Storage Tank Database
AST AST Database
INDIAN UST Underground Storage Tanks on Indian Land
State and tribal institutional control/engineering control registries
INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
INDIAN VCP Voluntary Cleanup Priority Listing
VCP Responsible Party Voluntary Action Sites
State and tribal Brownfields sites
BROWNFIELDS Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS A Listing of Brownfields Sites
Local Lists of Landfill/Solid Waste Disposal Sites
SWRCY Recycling Center Listing
TC5390710.2s EXECUTIVE SUMMARY 4

EXECUTIVE SUMMARY
HIST LF Solid Waste Facility Listing
INDIAN ODI Report on the Status of Open Dumps on Indian Lands
DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations
ODI Open Dump Inventory
IHS OPEN DUMPS Open Dumps on Indian Land
Local Lists of Hazardous waste/Contaminated Sites
US HIST CDL Delisted National Clandestine Laboratory Register
US CDL National Clandestine Laboratory Register
Local Land Records
LIENS 2 CERCLA Lien Information
Records of Emergency Release Reports
HMIRS Hazardous Materials Information Reporting System
SPILLS Spills Incident Listing
IMD Incident Management Database
SPILLS 90 SPILLS 90 data from FirstSearch
SPILLS 80 SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen/NLR RCRA- Non Generators/No Longer Regulated
FUDS Formerly Used Defense Sites
DOD Department of Defense Sites
SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing
US FIN ASSUR Financial Assurance Information
EPA WATCH LIST EPA WATCH LIST
2020 COR ACTION 2020 Corrective Action Program List
TSCA_ Toxic Substances Control Act
TRIS Toxic Chemical Release Inventory System
SSTS Section 7 Tracking Systems
ROD Records Of Decision
RMP Risk Management Plans
RAATS RCRA Administrative Action Tracking System
PRP Potentially Responsible Parties
PADS PCB Activity Database System
ICIS Integrated Compliance Information System
FTTS FIFRA/TSCA Tracking System-FIFRA(Federal Insecticide, Fungicide, &Rodenticide
Act)/TSCA(Toxic Substances Control Act)
MLTS Material Licensing Tracking System
COAL ASH DOE Steam-Electric Plant Operation Data
COAL ASH EPA_ Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER PCB Transformer Registration Database
RADINFO Radiation Information Database
HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS Incident and Accident Data
CONSENT Superfund (CERCLA)Consent Decrees
INDIAN RESERV Indian Reservations
FUSRAP Formerly Utilized Sites Remedial Action Program
UMTRA Uranium Mill Tailings Sites
LEAD SMELTERS Lead Smelter Sites
TC5390710.2s EXECUTIVE SUMMARY 5

EXECUTIVE SUMMARY
US AIRS Aerometric Information Retrieval System Facility Subsystem
US MINES Mines Master Index File
ABANDONED MINES Abandoned Mines
FINDS Facility Index System/Facility Registry System
ECHO Enforcement&Compliance History Information
DOCKET HWC Hazardous Waste Compliance Docket Listing
UXO Unexploded Ordnance Sites
FUELS PROGRAM EPA Fuels Program Registered Listing
AIRS Air Quality Permit Listing
ASBESTOS ASBESTOS
COAL ASH Coal Ash Disposal Sites
DRYCLEANERS Drycleaning Sites
Financial Assurance Financial Assurance Information Listing
NPDES NPDES Facility Location Listing
UIC Underground Injection Wells Listing
AOP .Animal Operation Permits Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP EDR Proprietary Manufactured Gas Plants
EDR Hist Auto EDR Exclusive Historical Auto Stations
EDR Hist Cleaner EDR Exclusive Historical Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt.Archives
RGA HWS Recovered Government Archive State Hazardous Waste Facilities List
RGA LF Recovered Government Archive Solid Waste Facilities List
RGA LUST Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES:SEARCH RESULTS
Surrounding sites were not identified.
Unmappable(orphan)sites are not considered in the foregoing analysis.
TC5390710.2s EXECUTIVE SUMMARY 6

1
EXECUTIVE SUMMARY
There were no unmapped sites in this report.
TC5390710.2s EXECUTIVE SUMMARY 7

OVERVIEW MAP - 5390710.2S
lir
afirdilb
iir.
4
Ilk,
,.
. 7
•
0 . a, )
1 .
,.
_ __ ,
Af Target Property o 1i4 1/2 1 naves
A Sites at elevations higher than
or equal to the target property Indian Reservations BIA Upgradient Area
• Sites at elevations lower than Power transmission lines Hazardous Substance
the target property Disposal Sites
A Manufactured Gas Plants National Wetland Inventory
National Priority List Sites State Wetlands
Dept.Defense Sites
This report includes Interactive Map Layers to
display and/or hide mapinformation.The
p Y
legend includes only those icons for the
default map view.
SITE NAME: UT To Rush Fork Mitigation Project CLIENT: Michael Baker Engineering, Inc.
ADDRESS: Rush Fork Road CONTACT: Kristi Suggs
Clyde NC 28721 INQUIRY#: 5390710.2s
LAT/LONG: 35.6446/82.9402 DATE: August 13,2018 5:13 pm
Copyright g 2018 EDR,Inc(g,2015 TomTom Rel. 2015.

DETAIL MAP - 5390710.2S
I /
47/
Target Property 1(8 Zia 1/2Miles
A Sites at elevations higher than
or equal to the target property - Indian Reservations BIA Hazardous Substance
• Sites at elevations lower than /\,7 Power transmission lines Disposal Sites
the target property
A Manufactured Gas Plants
Sensitive Receptors
National Priority List Sites
Dept.Defense Sites
This report includes Interactive Map Layers to
display and/or hide map information.The
legend includes only those icons for the
default map view.
SITE NAME: UT To Rush Fork Mitigation Project CLIENT: Michael Baker Engineering, Inc.
ADDRESS: Rush Fork Road CONTACT: Kristi Suggs
Clyde NC 28721 INQUIRY#: 5390710.2s
LAT/LONG: 35.6446/82.9402 DATE: August 13,2018 5:16 pm
Copyright g 2018 EDR,Inc(g,2015 TomTom Rel. 2015.

I
MAP FINDINGS SUMMARY
Search
Distance Target Total
Database (Miles) Property < 1/8 1/8- 1/4 1/4- 1/2 1/2- 1 > 1 Plotted
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL 1.000 0 0 0 0 NR 0
Proposed NPL 1.000 0 0 0 0 NR 0
NPL LIENS 0.001 0 NR NR NR NR 0
Federal Delisted NPL site list
Delisted NPL 1.000 0 0 0 0 NR 0
Federal CERCLIS list
FEDERAL FACILITY 0.500 0 0 0 NR NR 0
SEMS 0.500 0 0 0 NR NR 0
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE 0.500 0 0 0 NR NR 0
Federal RCRA CORRACTS facilities list
CORRACTS 1.000 0 0 0 0 NR 0
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF 0.500 0 0 0 NR NR 0
Federal RCRA generators list
RCRA-LQG 0.250 0 0 NR NR NR 0
RCRA-SQG 0.250 0 0 NR NR NR 0
RCRA-CESQG 0.250 0 0 NR NR NR 0
Federal institutional controls/
engineering controls registries
LUCIS 0.500 0 0 0 NR NR 0
US ENG CONTROLS 0.500 0 0 0 NR NR 0
US INST CONTROL 0.500 0 0 0 NR NR 0
Federal ERNS list
ERNS 0.001 0 NR NR NR NR 0
State-and tribal-equivalent NPL
NC HSDS 1.000 0 0 0 0 NR 0
State-and tribal-equivalent CERCLIS
SHWS 1.000 0 0 0 0 NR 0
State and tribal landfill and/or
solid waste disposal site lists
SWF/LF 0.500 0 0 0 NR NR 0
OLI 0.500 0 0 0 NR NR 0
State and tribal leaking storage tank lists
LAST 0.500 0 0 0 NR NR 0
TC5390710.2s Page 4

I
MAP FINDINGS SUMMARY
Search
Distance Target Total
Database (Miles) Property < 1/8 1/8- 1/4 1/4- 1/2 1/2- 1 > 1 Plotted
LUST 0.500 0 0 0 NR NR 0
INDIAN LUST 0.500 0 0 0 NR NR 0
LUST TRUST 0.500 0 0 0 NR NR 0
State and tribal registered storage tank lists
FEMA UST 0.250 0 0 NR NR NR 0
UST 0.250 0 0 NR NR NR 0
AST 0.250 0 0 NR NR NR 0
INDIAN UST 0.250 0 0 NR NR NR 0
State and tribal institutional
control/engineering control registries
INST CONTROL 0.500 0 0 0 NR NR 0
State and tribal voluntary cleanup sites
INDIAN VCP 0.500 0 0 0 NR NR 0
VCP 0.500 0 0 0 NR NR 0
State and tribal Brownfields sites
BROWNFIELDS 0.500 0 0 0 NR NR 0
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS 0.500 0 0 0 NR NR 0
Local Lists of Landfill/Solid
Waste Disposal Sites
SWRCY 0.500 0 0 0 NR NR 0
HIST LF 0.500 0 0 0 NR NR 0
INDIAN ODI 0.500 0 0 0 NR NR 0
DEBRIS REGION 9 0.500 0 0 0 NR NR 0
ODI 0.500 0 0 0 NR NR 0
IHS OPEN DUMPS 0.500 0 0 0 NR NR 0
Local Lists of Hazardous waste/
Contaminated Sites
US HIST CDL 0.001 0 NR NR NR NR 0
US CDL 0.001 0 NR NR NR NR 0
Local Land Records
LIENS 2 0.001 0 NR NR NR NR 0
Records of Emergency Release Reports
HMIRS 0.001 0 NR NR NR NR 0
SPILLS 0.001 0 NR NR NR NR 0
IMD 0.500 0 0 0 NR NR 0
SPILLS 90 0.001 0 NR NR NR NR 0
SPILLS 80 0.001 0 NR NR NR NR 0
Other Ascertainable Records
RCRA NonGen/NLR 0.250 0 0 NR NR NR 0
TC5390710.2s Page 5

I
MAP FINDINGS SUMMARY
Search
Distance Target Total
Database (Miles) Property < 1/8 1/8- 1/4 1/4- 1/2 1/2 - 1 > 1 Plotted
FUDS 1.000 0 0 0 0 NR 0
DOD 1.000 0 0 0 0 NR 0
SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0
US FIN ASSUR 0.001 0 NR NR NR NR 0
EPA WATCH LIST 0.001 0 NR NR NR NR 0
2020 COR ACTION 0.250 0 0 NR NR NR 0
TSCA 0.001 0 NR NR NR NR 0
TRIS 0.001 0 NR NR NR NR 0
SSTS 0.001 0 NR NR NR NR 0
ROD 1.000 0 0 0 0 NR 0
RMP 0.001 0 NR NR NR NR 0
RAATS 0.001 0 NR NR NR NR 0
PRP 0.001 0 NR NR NR NR 0
PADS 0.001 0 NR NR NR NR 0
ICIS 0.001 0 NR NR NR NR 0
FTTS 0.001 0 NR NR NR NR 0
MLTS 0.001 0 NR NR NR NR 0
COAL ASH DOE 0.001 0 NR NR NR NR 0
COAL ASH EPA 0.500 0 0 0 NR NR 0
PCB TRANSFORMER 0.001 0 NR NR NR NR 0
RADINFO 0.001 0 NR NR NR NR 0
HIST FTTS 0.001 0 NR NR NR NR 0
DOT OPS 0.001 0 NR NR NR NR 0
CONSENT 1.000 0 0 0 0 NR 0
INDIAN RESERV 0.001 0 NR NR NR NR 0
FUSRAP 1.000 0 0 0 0 NR 0
UMTRA 0.500 0 0 0 NR NR 0
LEAD SMELTERS 0.001 0 NR NR NR NR 0
US AIRS 0.001 0 NR NR NR NR 0
US MINES 0.250 0 0 NR NR NR 0
ABANDONED MINES 0.001 0 NR NR NR NR 0
FINDS 0.001 0 NR NR NR NR 0
ECHO 0.001 0 NR NR NR NR 0
DOCKET HWC 0.001 0 NR NR NR NR 0
UXO 1.000 0 0 0 0 NR 0
FUELS PROGRAM 0.250 0 0 NR NR NR 0
AIRS 0.001 0 NR NR NR NR 0
ASBESTOS 0.001 0 NR NR NR NR 0
COAL ASH 0.500 0 0 0 NR NR 0
DRYCLEANERS 0.250 0 0 NR NR NR 0
Financial Assurance 0.001 0 NR NR NR NR 0
NPDES 0.001 0 NR NR NR NR 0
UIC 0.001 0 NR NR NR NR 0
AOP 0.001 0 NR NR NR NR 0
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP 1.000 0 0 0 0 NR 0
EDR Hist Auto 0.125 0 NR NR NR NR 0
TC5390710.2s Page 6

I
MAP FINDINGS SUMMARY
Search
Distance Target Total
Database (Miles) Property < 1/8 1/8- 1/4 1/4- 1/2 1/2- 1 > 1 Plotted
EDR Hist Cleaner 0.125 0 NR NR NR NR 0
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt.Archives
RGA HWS 0.001 0 NR NR NR NR 0
RGA LF 0.001 0 NR NR NR NR 0
RGA LUST 0.001 0 NR NR NR NR 0
-Totals-- 0 0 0 0 0 0 0
NOTES:
TP=Target Property
NR= Not Requested at this Search Distance
Sites may be listed in more than one database
TC5390710.2s Page 7

Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
NO SITES FOUND
TC5390710.2s Page 8

Count:0 records. ORPHAN SUMMARY
City EDR ID Site Name Site Address Zip Database(s)
NO SITES FOUND
TC5390710.2s Page 9

GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency
on a monthly or quarterly basis,as required.
Number of Days to Update:Provides confirmation that EDR is reporting records that have been updated within 90 days
from the date the government agency made the information available to the public.
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL: National Priority List
National Priorities List(Superfund).The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority
cleanup under the Superfund Program.NPL sites may encompass relatively large areas.As such,EDR provides polygon
coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center
(EPIC)and regional EPA offices.
Date of Government Version:05/13/2018 Source: EPA
Date Data Arrived at EDR:05/30/2018 Telephone: N/A
Date Made Active in Reports:06/22/2018 Last EDR Contact:08/09/2018
Number of Days to Update:23 Next Scheduled EDR Contact: 10/15/2018
Data Release Frequency:Quarterly
NPL Site Boundaries
Sources:
EPA's Environmental Photographic Interpretation Center(EPIC)
Telephone:[phone]
EPA Region 1 EPA Region 6
Telephone [phone] Telephone:[phone]
EPA Region 3 EPA Region 7
Telephone [phone] Telephone:[phone]
EPA Region 4 EPA Region 8
Telephone [phone] Telephone:[phone]
EPA Region 5 EPA Region 9
Telephone [phone] Telephone:[phone]
EPA Region 10
Telephone [phone]
Proposed NPL: Proposed National Priority List Sites
A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule
in the Federal Register.EPA then accepts public comments on the site, responds to the comments,and places on
the NPL those sites that continue to meet the requirements for listing.
Date of Government Version:05/13/2018 Source: EPA
Date Data Arrived at EDR:05/30/2018 Telephone: N/A
Date Made Active in Reports:06/22/2018 Last EDR Contact:08/09/2018
Number of Days to Update:23 Next Scheduled EDR Contact: 10/15/2018
Data Release Frequency:Quarterly
NPL LIENS: Federal Superfund Liens
Federal Superfund Liens.Under the authority granted the USEPA by CERCLA of 1980,the USEPA has the authority
to file liens against real property in order to recover remedial action expenditures or when the property owner
received notification of potential liability.USEPA compiles a listing of filed notices of Superfund Liens.
TC5390710.2s Page GR-1

GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Government Version: 10/15/1991 Source: EPA
Date Data Arrived at EDR:02/02/1994 Telephone: [phone]
Date Made Active in Reports:03/30/1994 Last EDR Contact:08/15/2011
Number of Days to Update:56 Next Scheduled EDR Contact: 11/28/2011
Data Release Frequency:No Update Planned
Federal Delisted NPL site list
Delisted NPL: National Priority List Deletions
The National Oil and Hazardous Substances Pollution Contingency Plan(NCP)establishes the criteria that the
EPA uses to delete sites from the NPL.In accordance with 40 CFR 300.425.(e),sites may be deleted from the
NPL where no further response is appropriate.
Date of Government Version:05/13/2018 Source: EPA
Date Data Arrived at EDR:05/30/2018 Telephone: N/A
Date Made Active in Reports:06/22/2018 Last EDR Contact:08/09/2018
Number of Days to Update:23 Next Scheduled EDR Contact: 10/15/2018
Data Release Frequency:Quarterly
Federal CERCLIS list
FEDERAL FACILITY: Federal Facility Site Information listing
A listing of National Priority List(NPL)and Base Realignment and Closure(BRAG)sites found in the Comprehensive
Environmental Response,Compensation and Liability Information System(CERCLIS)Database where EPA Federal Facilities
Restoration and Reuse Office is involved in cleanup activities.
Date of Government Version: 11/07/2016 Source: Environmental Protection Agency
Date Data Arrived at EDR:01/05/2017 Telephone: [phone]
Date Made Active in Reports:04/07/2017 Last EDR Contact:07/06/2018
Number of Days to Update:92 Next Scheduled EDR Contact: 10/15/2018
Data Release Frequency:Varies
SEMS: Superfund Enterprise Management System
SEMS(Superfund Enterprise Management System)tracks hazardous waste sites, potentially hazardous waste sites,
and remedial activities performed in support of EPA's Superfund Program across the United States.The list was
formerly know as CERCLIS,renamed to SEMS by the EPA in 2015.The list contains data on potentially hazardous
waste sites that have been reported to the USEPA by states,municipalities,private companies and private persons,
pursuant to Section 103 of the Comprehensive Environmental Response,Compensation,and Liability Act(CERCLA).
This dataset also contains sites which are either proposed to or on the National Priorities List(NPL)and the
sites which are in the screening and assessment phase for possible inclusion on the NPL.
Date of Government Version:05/18/2018 Source: EPA
Date Data Arrived at EDR:05/30/2018 Telephone: [phone]
Date Made Active in Reports:06/22/2018 Last EDR Contact:08/09/2018
Number of Days to Update:23 Next Scheduled EDR Contact: 10/29/2018
Data Release Frequency:Quarterly
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE: Superfund Enterprise Management System Archive
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
SEMS-ARCHIVE(Superfund Enterprise Management System Archive)tracks sites that have no further interest under
the Federal Superfund Program based on available information.The list was formerly known as the CERCLIS-NFRAP,
renamed to SEMS ARCHIVE by the EPA in 2015.EPA may perform a minimal level of assessment work at a site while
it is archived if site conditions change and/or new information becomes available.Archived sites have been removed
and archived from the inventory of SEMS sites.Archived status indicates that,to the best of EPA's knowledge,
assessment at a site has been completed and that EPA has determined no further steps will be taken to list the
site on the National Priorities List(NPL),unless information indicates this decision was not appropriate or
other considerations require a recommendation for listing at a later time.The decision does not necessarily mean
that there is no hazard associated with a given site;it only means that.based upon available information,the
location is not judged to be potential NPL site.
Date of Government Version:05/18/2018 Source: EPA
Date Data Arrived at EDR:05/30/2018 Telephone: [phone]
Date Made Active in Reports:06/22/2018 Last EDR Contact:08/09/2018
Number of Days to Update:23 Next Scheduled EDR Contact: 10/29/2018
Data Release Frequency:Quarterly
Federal RCRA CORRACTS facilities list
CORRACTS: Corrective Action Report
CORRACTS identifies hazardous waste handlers with RCRA corrective action activity.
Date of Government Version:03/01/2018 Source: EPA
Date Data Arrived at EDR:03/28/2018 Telephone: [phone]
Date Made Active in Reports:06/22/2018 Last EDR Contact:06/28/2018
Number of Days to Update:86 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Quarterly
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF: RCRA-Treatment,Storage and Disposal
RCRAInfo is EPA's comprehensive information system,providing access to data supporting the Resource Conservation
and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1984.The database
includes selective information on sites which generate,transport,store,treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act(RCRA).Transporters are individuals or entities that
move hazardous waste from the generator offsite to a facility that can recycle,treat,store,or dispose of the
waste.TSDFs treat,store,or dispose of the waste.
Date of Government Version:03/01/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/28/2018 Telephone: [phone]
Date Made Active in Reports:06/22/2018 Last EDR Contact:06/28/2018
Number of Days to Update:86 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Quarterly
Federal RCRA generators list
RCRA-LQG: RCRA-Large Quantity Generators
RCRAInfo is EPA's comprehensive information system,providing access to data supporting the Resource Conservation
and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1984.The database
includes selective information on sites which generate,transport,store,treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act(RCRA).Large quantity generators(LQGs)generate
over 1,000 kilograms(kg)of hazardous waste,or over 1 kg of acutely hazardous waste per month.
Date of Government Version:03/01/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/28/2018 Telephone: [phone]
Date Made Active in Reports:06/22/2018 Last EDR Contact:06/28/2018
Number of Days to Update:86 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Quarterly
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
RCRA-SQG: RCRA-Small Quantity Generators
RCRAInfo is EPA's comprehensive information system,providing access to data supporting the Resource Conservation
and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1984.The database
includes selective information on sites which generate,transport,store,treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act(RCRA).Small quantity generators(SQGs)generate
between 100 kg and 1,000 kg of hazardous waste per month.
Date of Government Version:03/01/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/28/2018 Telephone: [phone]
Date Made Active in Reports:06/22/2018 Last EDR Contact:06/28/2018
Number of Days to Update:86 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Quarterly
RCRA-CESQG: RCRA-Conditionally Exempt Small Quantity Generators
RCRAInfo is EPA's comprehensive information system,providing access to data supporting the Resource Conservation
and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1984.The database
includes selective information on sites which generate,transport,store,treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act(RCRA).Conditionally exempt small quantity generators
(CESQGs)generate less than 100 kg of hazardous waste,or less than 1 kg of acutely hazardous waste per month.
Date of Government Version:03/01/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/28/2018 Telephone: [phone]
Date Made Active in Reports:06/22/2018 Last EDR Contact:06/28/2018
Number of Days to Update:86 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Quarterly
Federal institutional controls/engineering controls registries
LUCIS: Land Use Control Information System
LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure
properties.
Date of Government Version:05/14/2018 Source: Department of the Navy
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/16/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/26/2018
Data Release Frequency:Varies
US ENG CONTROLS: Engineering Controls Sites List
A listing of sites with engineering controls in place.Engineering controls include various forms of caps,building
foundations,liners,and treatment methods to create pathway elimination for regulated substances to enter environmental
media or effect human health.
Date of Government Version:02/13/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:02/27/2018 Telephone: [phone]
Date Made Active in Reports:05/11/2018 Last EDR Contact:05/29/2018
Number of Days to Update:73 Next Scheduled EDR Contact:09/10/2018
Data Release Frequency:Varies
US INST CONTROL: Sites with Institutional Controls
A listing of sites with institutional controls in place. Institutional controls include administrative measures,
such as groundwater use restrictions,construction restrictions,property use restrictions,and post remediation
care requirements intended to prevent exposure to contaminants remaining on site.Deed restrictions are generally
required as part of the institutional controls.
Date of Government Version:02/13/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:02/27/2018 Telephone: [phone]
Date Made Active in Reports:05/11/2018 Last EDR Contact:05/29/2018
Number of Days to Update:73 Next Scheduled EDR Contact:09/10/2018
Data Release Frequency:Varies
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Federal ERNS list
ERNS: Emergency Response Notification System
Emergency Response Notification System.ERNS records and stores information on reported releases of oil and hazardous
substances.
Date of Government Version:03/19/2018 Source: National Response Center, United States Coast Guard
Date Data Arrived at EDR:03/27/2018 Telephone: [phone]
Date Made Active in Reports:06/08/2018 Last EDR Contact:06/27/2018
Number of Days to Update:73 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Quarterly
State-and tribal-equivalent NPL
HSDS: Hazardous Substance Disposal Site
Locations of uncontrolled and unregulated hazardous waste sites.The file includes sites on the National Priority
List as well as those on the state priority list.
Date of Government Version:08/09/2011 Source: North Carolina Center for Geographic Information and Analysis
Date Data Arrived at EDR:11/08/2011 Telephone: [phone]
Date Made Active in Reports: 12/05/2011 Last EDR Contact:07/18/2018
Number of Days to Update:27 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Biennially
State-and tribal-equivalent CERCLIS
SHWS: Inactive Hazardous Sites Inventory
State Hazardous Waste Sites.State hazardous waste site records are the states'equivalent to CERCLIS.These sites
may or may not already be listed on the federal CERCLIS list.Priority sites planned for cleanup using state funds
(state equivalent of Superfund)are identified along with sites where cleanup will be paid for by potentially
responsible parties.Available information varies by state.
Date of Government Version:05/01/2018 Source: Department of Environment,Health and Natural Resources
Date Data Arrived at EDR:06/14/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/14/2018
Number of Days to Update:41 Next Scheduled EDR Contact:09/24/2018
Data Release Frequency:Quarterly
State and tribal landfill and/or solid waste disposal site lists
SWF/LF: List of Solid Waste Facilities
Solid Waste Facilities/Landfill Sites.SWF/LF type records typically contain an inventory of solid waste disposal
facilities or landfills in a particular state.Depending on the state,these may be active or inactive facilities
or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal
sites.
Date of Government Version:04/18/2018 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR:06/27/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/27/2018
Number of Days to Update:28 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Varies
OLI: Old Landfill Inventory
Old landfill inventory location information.(Does not include no further action sites and other agency lead
sites).
Date of Government Version:08/15/2017 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:10/11/2017 Telephone: [phone]
Date Made Active in Reports: 12/14/2017 Last EDR Contact:07/13/2018
Number of Days to Update:64 Next Scheduled EDR Contact: 10/22/2018
Data Release Frequency:Varies
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
State and tribal leaking storage tank lists
LUST: Regional UST Database
This database contains information obtained from the Regional Offices. It provides a more detailed explanation
of current and historic activity for individual sites,as well as what was previously found in the Incident Management
Database.Sites in this database with Incident Numbers are considered LUSTs.
Date of Government Version:05/04/2018 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR:05/08/2018 Telephone: [phone]
Date Made Active in Reports:06/11/2018 Last EDR Contact:08/07/2018
Number of Days to Update:34 Next Scheduled EDR Contact: 11/19/2018
Data Release Frequency:Quarterly
LAST: Leaking Aboveground Storage Tanks
A listing of leaking aboveground storage tank site locations.
Date of Government Version:05/04/2018 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:05/08/2018 Telephone: [phone]
Date Made Active in Reports:06/11/2018 Last EDR Contact:08/07/2018
Number of Days to Update:34 Next Scheduled EDR Contact: 11/19/2018
Data Release Frequency:Quarterly
INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in Arizona,California, New Mexico and Nevada
Date of Government Version:04/10/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in Alaska, Idaho,Oregon and Washington.
Date of Government Version:04/12/2018 Source: EPA Region 10
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in Colorado, Montana, North Dakota,South Dakota,Utah and Wyoming.
Date of Government Version:04/25/2018 Source: EPA Region 8
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in New Mexico and Oklahoma.
Date of Government Version:04/01/2018 Source: EPA Region 6
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in Florida,Mississippi and North Carolina.
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Government Version:05/08/2018 Source: EPA Region 4
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land
A listing of leaking underground storage tank locations on Indian Land.
Date of Government Version:04/13/2018 Source: EPA Region 1
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN LUST R5: Leaking Underground Storage Tanks on Indian Land
Leaking underground storage tanks located on Indian Land in Michigan,Minnesota and Wisconsin.
Date of Government Version:04/12/2018 Source: EPA, Region 5
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in Iowa,Kansas,and Nebraska
Date of Government Version:04/24/2018 Source: EPA Region 7
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
LUST TRUST: State Trust Fund Database
This database contains information about claims against the State Trust Funds for reimbursements for expenses
incurred while remediating Leaking USTs.
Date of Government Version:04/06/2018 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR:04/11/2018 Telephone: [phone]
Date Made Active in Reports:06/11/2018 Last EDR Contact:07/12/2018
Number of Days to Update:61 Next Scheduled EDR Contact: 10/22/2018
Data Release Frequency:Quarterly
State and tribal registered storage tank lists
FEMA UST: Underground Storage Tank Listing
A listing of all FEMA owned underground storage tanks.
Date of Government Version:05/15/2017 Source: FEMA
Date Data Arrived at EDR:05/30/2017 Telephone: [phone]
Date Made Active in Reports: 10/13/2017 Last EDR Contact:07/11/2018
Number of Days to Update:136 Next Scheduled EDR Contact: 10/22/2018
Data Release Frequency:Varies
UST: Petroleum Underground Storage Tank Database
Registered Underground Storage Tanks.UST's are regulated under Subtitle I of the Resource Conservation and Recovery
Act(RCRA)and must be registered with the state department responsible for administering the UST program.Available
information varies by state program.
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Government Version:05/04/2018 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR:05/08/2018 Telephone: [phone]
Date Made Active in Reports:06/11/2018 Last EDR Contact:08/07/2018
Number of Days to Update:34 Next Scheduled EDR Contact: 11/19/2018
Data Release Frequency:Quarterly
AST: AST Database
Facilities with aboveground storage tanks that have a capacity greater than 21,000 gallons.
Date of Government Version:05/30/2018 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR:06/19/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/14/2018
Number of Days to Update:36 Next Scheduled EDR Contact: 10/01/2018
Data Release Frequency:Semi-Annually
INDIAN UST R6: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian
land in EPA Region 6(Louisiana,Arkansas,Oklahoma,New Mexico,Texas and 65 Tribes).
Date of Government Version:04/01/2018 Source: EPA Region 6
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN UST R1: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian
land in EPA Region 1 (Connecticut, Maine,Massachusetts, New Hampshire,Rhode Island,Vermont and ten Tribal
Nations).
Date of Government Version:04/13/2018 Source: EPA, Region 1
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN UST R4: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian
land in EPA Region 4(Alabama,Florida,Georgia, Kentucky,Mississippi, North Carolina,South Carolina,Tennessee
and Tribal Nations)
Date of Government Version:05/08/2018 Source: EPA Region 4
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN UST R5: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian
land in EPA Region 5(Michigan,Minnesota and Wisconsin and Tribal Nations).
Date of Government Version:04/12/2018 Source: EPA Region 5
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN UST R10: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian
land in EPA Region 10(Alaska,Idaho,Oregon,Washington,and Tribal Nations).
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Government Version:04/12/2018 Source: EPA Region 10
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN UST R7: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian
land in EPA Region 7(Iowa,Kansas, Missouri,Nebraska,and 9 Tribal Nations).
Date of Government Version:04/24/2018 Source: EPA Region 7
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN UST R8: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian
land in EPA Region 8(Colorado,Montana,North Dakota,South Dakota, Utah,Wyoming and 27 Tribal Nations).
Date of Government Version:04/25/2018 Source: EPA Region 8
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
INDIAN UST R9: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank(UST)database provides information about underground storage tanks on Indian
land in EPA Region 9(Arizona,California,Hawaii,Nevada,the Pacific Islands,and Tribal Nations).
Date of Government Version:04/10/2018 Source: EPA Region 9
Date Data Arrived at EDR:05/18/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:07/27/2018
Number of Days to Update:63 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
State and tribal institutional control/engineering control registries
INST CONTROL: No Further Action Sites With Land Use Restrictions Monitoring
A land use restricted site is a property where there are limits or requirements on future use of the property
due to varying levels of cleanup possible, practical,or necessary at the site.
Date of Government Version:05/01/2018 Source: Department of Environment,Health and Natural Resources
Date Data Arrived at EDR:06/14/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/14/2018
Number of Days to Update:41 Next Scheduled EDR Contact:09/24/2018
Data Release Frequency:Quarterly
State and tribal voluntary cleanup sites
INDIAN VCP R7: Voluntary Cleanup Priority Lisitng
A listing of voluntary cleanup priority sites located on Indian Land located in Region 7.
Date of Government Version:03/20/2008 Source: EPA, Region 7
Date Data Arrived at EDR:04/22/2008 Telephone: [phone]
Date Made Active in Reports:05/19/2008 Last EDR Contact:04/20/2009
Number of Days to Update:27 Next Scheduled EDR Contact:07/20/2009
Data Release Frequency:Varies
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INDIAN VCP R1: Voluntary Cleanup Priority Listing
A listing of voluntary cleanup priority sites located on Indian Land located in Region 1.
Date of Government Version:07/27/2015 Source: EPA, Region 1
Date Data Arrived at EDR:09/29/2015 Telephone: [phone]
Date Made Active in Reports:02/18/2016 Last EDR Contact:06/22/2018
Number of Days to Update:142 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Varies
VCP: Responsible Party Voluntary Action Sites
Responsible Party Voluntary Action site locations.
Date of Government Version:05/01/2018 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR:06/14/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/14/2018
Number of Days to Update:41 Next Scheduled EDR Contact:09/24/2018
Data Release Frequency:Quarterly
State and tribal Brownfields sites
BROWNFIELDS: Brownfields Projects Inventory
A brownfield site is an abandoned,idled,or underused property where the threat of environmental contamination
has hindered its redevelopment.All of the sites in the inventory are working toward a brownfield agreement for
cleanup and liabitliy control.
Date of Government Version:06/01/2018 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR:07/05/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:07/05/2018
Number of Days to Update:20 Next Scheduled EDR Contact: 10/15/2018
Data Release Frequency:Quarterly
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS: A Listing of Brownfields Sites
Brownfields are real property,the expansion, redevelopment,or reuse of which may be complicated by the presence
or potential presence of a hazardous substance, pollutant,or contaminant.Cleaning up and reinvesting in these
properties takes development pressures off of undeveloped,open land,and both improves and protects the environment.
Assessment,Cleanup and Redevelopment Exchange System(ACRES)stores information reported by EPA Brownfields
grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on
Targeted Brownfields Assessments performed by EPA Regions.A listing of ACRES Brownfield sites is obtained from
Cleanups in My Community.Cleanups in My Community provides information on Brownfields properties for which information
is reported back to EPA,as well as areas served by Brownfields grant programs.
Date of Government Version:03/19/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/21/2018 Telephone: [phone]
Date Made Active in Reports:06/08/2018 Last EDR Contact:06/20/2018
Number of Days to Update:79 Next Scheduled EDR Contact: 10/01/2018
Data Release Frequency:Semi-Annually
Local Lists of Landfill/Solid Waste Disposal Sites
HIST LF: Solid Waste Facility Listing
A listing of solid waste facilities.
Date of Government Version: 11/06/2006 Source: Department of Environment& Natural Resources
Date Data Arrived at EDR:02/13/2007 Telephone: [phone]
Date Made Active in Reports:03/02/2007 Last EDR Contact:01/19/2009
Number of Days to Update:17 Next Scheduled EDR Contact:N/A
Data Release Frequency:No Update Planned
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
SWRCY: Recycling Center Listing
A listing of recycling center locations.
Date of Government Version:05/03/2018 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:05/03/2018 Telephone: [phone]
Date Made Active in Reports:05/10/2018 Last EDR Contact:07/25/2018
Number of Days to Update:7 Next Scheduled EDR Contact: 11/12/2018
Data Release Frequency:Varies
INDIAN ODI: Report on the Status of Open Dumps on Indian Lands
Location of open dumps on Indian land.
Date of Government Version: 12/31/1998 Source: Environmental Protection Agency
Date Data Arrived at EDR:12/03/2007 Telephone: [phone]
Date Made Active in Reports:01/24/2008 Last EDR Contact:07/30/2018
Number of Days to Update:52 Next Scheduled EDR Contact: 11/12/2018
Data Release Frequency:Varies
ODI: Open Dump Inventory
An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258
Subtitle D Criteria.
Date of Government Version:06/30/1985 Source: Environmental Protection Agency
Date Data Arrived at EDR:08/09/2004 Telephone: [phone]
Date Made Active in Reports:09/17/2004 Last EDR Contact:06/09/2004
Number of Days to Update:39 Next Scheduled EDR Contact:N/A
Data Release Frequency:No Update Planned
DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations
A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside
County and northern Imperial County,California.
Date of Government Version:01/12/2009 Source: EPA, Region 9
Date Data Arrived at EDR:05/07/2009 Telephone: [phone]
Date Made Active in Reports:09/21/2009 Last EDR Contact:07/17/2018
Number of Days to Update:137 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:No Update Planned
IHS OPEN DUMPS: Open Dumps on Indian Land
A listing of all open dumps located on Indian Land in the United States.
Date of Government Version:04/01/2014 Source: Department of Health&Human Serivces, Indian Health Service
Date Data Arrived at EDR:08/06/2014 Telephone: [phone]
Date Made Active in Reports:01/29/2015 Last EDR Contact:08/03/2018
Number of Days to Update:176 Next Scheduled EDR Contact: 11/12/2018
Data Release Frequency:Varies
Local Lists of Hazardous waste/Contaminated Sites
US HIST CDL: National Clandestine Laboratory Register
A listing of clandestine drug lab locations that have been removed from the DEAs National Clandestine Laboratory
Register.
Date of Government Version:02/22/2018 Source: Drug Enforcement Administration
Date Data Arrived at EDR:03/01/2018 Telephone: [phone]
Date Made Active in Reports:05/11/2018 Last EDR Contact:05/30/2018
Number of Days to Update:71 Next Scheduled EDR Contact:09/10/2018
Data Release Frequency:No Update Planned
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
US CDL: Clandestine Drug Labs
A listing of clandestine drug lab locations.The U.S.Department of Justice("the Department")provides this
web site as a public service.It contains addresses of some locations where law enforcement agencies reported
they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites.
In most cases,the source of the entries is not the Department,and the Department has not verified the entry
and does not guarantee its accuracy.Members of the public must verify the accuracy of all entries by,for example,
contacting local law enforcement and local health departments.
Date of Government Version:02/22/2018 Source: Drug Enforcement Administration
Date Data Arrived at EDR:03/01/2018 Telephone: [phone]
Date Made Active in Reports:05/11/2018 Last EDR Contact:05/30/2018
Number of Days to Update:71 Next Scheduled EDR Contact:09/10/2018
Data Release Frequency:Quarterly
Local Land Records
LIENS 2: CERCLA Lien Information
A Federal CERCLA('Superfund')lien can exist by operation of law at any site or property at which EPA has spent
Superfund monies.These monies are spent to investigate and address releases and threatened releases of contamination.
CERCLIS provides information as to the identity of these sites and properties.
Date of Government Version:05/13/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:05/30/2018 Telephone: [phone]
Date Made Active in Reports:06/29/2018 Last EDR Contact:08/09/2018
Number of Days to Update:30 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Semi-Annually
Records of Emergency Release Reports
HMIRS: Hazardous Materials Information Reporting System
Hazardous Materials Incident Report System.HMIRS contains hazardous material spill incidents reported to DOT.
Date of Government Version:03/26/2018 Source: U.S.Department of Transportation
Date Data Arrived at EDR:03/27/2018 Telephone: [phone]
Date Made Active in Reports:06/08/2018 Last EDR Contact:03/27/2018
Number of Days to Update:73 Next Scheduled EDR Contact:07/09/2018
Data Release Frequency:Quarterly
SPILLS: Spills Incident Listing
A listing spills,hazardous material releases,sanitary sewer overflows,wastewater treatment plant bypasses and
upsets,citizen complaints,and any other environmental emergency calls reported to the agency.
Date of Government Version:06/12/2018 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:06/15/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/07/2018
Number of Days to Update:40 Next Scheduled EDR Contact:09/24/2018
Data Release Frequency:Quarterly
IMD: Incident Management Database
Groundwater and/or soil contamination incidents
Date of Government Version:07/21/2006 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR:08/01/2006 Telephone: [phone]
Date Made Active in Reports:08/23/2006 Last EDR Contact:07/01/2011
Number of Days to Update:22 Next Scheduled EDR Contact: 10/17/2011
Data Release Frequency:No Update Planned
SPILLS 90: SPILLS90 data from FirstSearch
Spills 90 includes those spill and release records available exclusively from FirstSearch databases.Typically,
they may include chemical,oil and/or hazardous substance spills recorded after 1990.Duplicate records that are
already included in EDR incident and release records are not included in Spills 90.
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Government Version:09/27/2012 Source: FirstSearch
Date Data Arrived at EDR:01/03/2013 Telephone: N/A
Date Made Active in Reports:03/06/2013 Last EDR Contact:01/03/2013
Number of Days to Update:62 Next Scheduled EDR Contact:N/A
Data Release Frequency:No Update Planned
SPILLS 80: SPILLS80 data from FirstSearch
Spills 80 includes those spill and release records available from FirstSearch databases prior to 1990.Typically,
they may include chemical,oil and/or hazardous substance spills recorded before 1990.Duplicate records that
are already included in EDR incident and release records are not included in Spills 80.
Date of Government Version:06/14/2001 Source: FirstSearch
Date Data Arrived at EDR:01/03/2013 Telephone: N/A
Date Made Active in Reports:03/06/2013 Last EDR Contact:01/03/2013
Number of Days to Update:62 Next Scheduled EDR Contact:N/A
Data Release Frequency:No Update Planned
Other Ascertainable Records
RCRA NonGen/NLR: RCRA-Non Generators/No Longer Regulated
RCRAInfo is EPA's comprehensive information system,providing access to data supporting the Resource Conservation
and Recovery Act(RCRA)of 1976 and the Hazardous and Solid Waste Amendments(HSWA)of 1984.The database
includes selective information on sites which generate,transport,store,treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act(RCRA).Non-Generators do not presently generate hazardous
waste.
Date of Government Version:03/01/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/28/2018 Telephone: [phone]
Date Made Active in Reports:06/22/2018 Last EDR Contact:06/28/2018
Number of Days to Update:86 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Quarterly
FUDS: Formerly Used Defense Sites
The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers
is actively working or will take necessary cleanup actions.
Date of Government Version:01/31/2015 Source: U.S.Army Corps of Engineers
Date Data Arrived at EDR:07/08/2015 Telephone: [phone]
Date Made Active in Reports: 10/13/2015 Last EDR Contact:05/25/2018
Number of Days to Update:97 Next Scheduled EDR Contact:09/03/2018
Data Release Frequency:Varies
DOD: Department of Defense Sites
This data set consists of federally owned or administered lands,administered by the Department of Defense,that
have any area equal to or greater than 640 acres of the United States,Puerto Rico,and the U.S.Virgin Islands.
Date of Government Version: 12/31/2005 Source: USGS
Date Data Arrived at EDR:11/10/2006 Telephone: [phone]
Date Made Active in Reports:01/11/2007 Last EDR Contact:07/11/2018
Number of Days to Update:62 Next Scheduled EDR Contact: 10/22/2018
Data Release Frequency:Semi-Annually
FEDLAND: Federal and Indian Lands
Federally and Indian administrated lands of the United States.Lands included are administrated by:Army Corps
of Engineers, Bureau of Reclamation,National Wild and Scenic River,National Wildlife Refuge,Public Domain Land,
Wilderness,Wilderness Study Area,Wildlife Management Area,Bureau of Indian Affairs,Bureau of Land Management,
Department of Justice, Forest Service,Fish and Wildlife Service, National Park Service.
Date of Government Version: 12/31/2005 Source: U.S.Geological Survey
Date Data Arrived at EDR:02/06/2006 Telephone: [phone]
Date Made Active in Reports:01/11/2007 Last EDR Contact:07/13/2018
Number of Days to Update:339 Next Scheduled EDR Contact: 10/22/2018
Data Release Frequency:N/A
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing
The State Coalition for Remediation of Drycleaners was established in 1998,with support from the U.S.EPA Office
of Superfund Remediation and Technology Innovation.It is comprised of representatives of states with established
drycleaner remediation programs.Currently the member states are Alabama,Connecticut,Florida, Illinois,Kansas,
Minnesota,Missouri, North Carolina,Oregon,South Carolina,Tennessee,Texas,and Wisconsin.
Date of Government Version:01/01/2017 Source: Environmental Protection Agency
Date Data Arrived at EDR:02/03/2017 Telephone: [phone]
Date Made Active in Reports:04/07/2017 Last EDR Contact:05/15/2018
Number of Days to Update:63 Next Scheduled EDR Contact:08/27/2018
Data Release Frequency:Varies
US FIN ASSUR: Financial Assurance Information
All owners and operators of facilities that treat,store,or dispose of hazardous waste are required to provide
proof that they will have sufficient funds to pay for the clean up,closure,and post-closure care of their facilities.
Date of Government Version:03/01/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/27/2018 Telephone: [phone]
Date Made Active in Reports:06/22/2018 Last EDR Contact:06/27/2018
Number of Days to Update:87 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Quarterly
EPA WATCH LIST: EPA WATCH LIST
EPA maintains a"Watch List'to facilitate dialogue between EPA,state and local environmental agencies on enforcement
matters relating to facilities with alleged violations identified as either significant or high priority.Being
on the Watch List does not mean that the facility has actually violated the law only that an investigation by
EPA or a state or local environmental agency has led those organizations to allege that an unproven violation
has in fact occurred.Being on the Watch List does not represent a higher level of concern regarding the alleged
violations that were detected, but instead indicates cases requiring additional dialogue between EPA,state and
local agencies-primarily because of the length of time the alleged violation has gone unaddressed or unresolved.
Date of Government Version:08/30/2013 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/21/2014 Telephone: [phone]
Date Made Active in Reports:06/17/2014 Last EDR Contact:08/03/2018
Number of Days to Update:88 Next Scheduled EDR Contact: 11/19/2018
Data Release Frequency:Quarterly
2020 COR ACTION: 2020 Corrective Action Program List
The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action
Universe.This RCRA cleanup baseline includes facilities expected to need corrective action.The 2020 universe
contains a wide variety of sites.Some properties are heavily contaminated while others were contaminated but
have since been cleaned up.Still others have not been fully investigated yet,and may require little or no remediation.
Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations.
Date of Government Version:09/30/2017 Source: Environmental Protection Agency
Date Data Arrived at EDR:05/08/2018 Telephone: [phone]
Date Made Active in Reports:07/20/2018 Last EDR Contact:08/10/2018
Number of Days to Update:73 Next Scheduled EDR Contact: 11/19/2018
Data Release Frequency:Varies
TSCA: Toxic Substances Control Act
Toxic Substances Control Act.TSCA identifies manufacturers and importers of chemical substances included on the
TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant
site.
Date of Government Version: 12/31/2016 Source: EPA
Date Data Arrived at EDR:06/21/2017 Telephone: [phone]
Date Made Active in Reports:01/05/2018 Last EDR Contact:06/22/2018
Number of Days to Update:198 Next Scheduled EDR Contact: 10/01/2018
Data Release Frequency:Every 4 Years
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
TRIS: Toxic Chemical Release Inventory System
Toxic Release Inventory System.TRIS identifies facilities which release toxic chemicals to the air,water and
land in reportable quantities under SARA Title III Section 313.
Date of Government Version: 12/31/2016 Source: EPA
Date Data Arrived at EDR:01/10/2018 Telephone: [phone]
Date Made Active in Reports:01/12/2018 Last EDR Contact:05/25/2018
Number of Days to Update:2 Next Scheduled EDR Contact:09/03/2018
Data Release Frequency:Annually
SSTS: Section 7 Tracking Systems
Section 7 of the Federal Insecticide,Fungicide and Rodenticide Act,as amended(92 Stat.829)requires all
registered pesticide-producing establishments to submit a report to the Environmental Protection Agency by March
1st each year.Each establishment must report the types and amounts of pesticides,active ingredients and devices
being produced,and those having been produced and sold or distributed in the past year.
Date of Government Version: 12/31/2009 Source: EPA
Date Data Arrived at EDR:12/10/2010 Telephone: [phone]
Date Made Active in Reports:02/25/2011 Last EDR Contact:07/27/2018
Number of Days to Update:77 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Annually
ROD: Records Of Decision
Record of Decision.ROD documents mandate a permanent remedy at an NPL(Superfund)site containing technical
and health information to aid in the cleanup.
Date of Government Version:05/13/2018 Source: EPA
Date Data Arrived at EDR:05/30/2018 Telephone: [phone]
Date Made Active in Reports:06/29/2018 Last EDR Contact:08/09/2018
Number of Days to Update:30 Next Scheduled EDR Contact: 10/15/2018
Data Release Frequency:Annually
RMP: Risk Management Plans
When Congress passed the Clean Air Act Amendments of 1990,it required EPA to publish regulations and guidance
for chemical accident prevention at facilities using extremely hazardous substances.The Risk Management Program
Rule(RMP Rule)was written to implement Section 112(r)of these amendments.The rule,which built upon existing
industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances
to develop a Risk Management Program,which includes a(n):Hazard assessment that details the potential effects
of an accidental release,an accident history of the last five years,and an evaluation of worst-case and alternative
accidental releases;Prevention program that includes safety precautions and maintenance,monitoring,and employee
training measures;and Emergency response program that spells out emergency health care,employee training measures
and procedures for informing the public and response agencies(e.g the fire department)should an accident occur.
Date of Government Version: 11/02/2017 Source: Environmental Protection Agency
Date Data Arrived at EDR:11/17/2017 Telephone: [phone]
Date Made Active in Reports: 12/08/2017 Last EDR Contact:07/20/2018
Number of Days to Update:21 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
RAATS: RCRA Administrative Action Tracking System
RCRA Administration Action Tracking System.RAATS contains records based on enforcement actions issued under RCRA
pertaining to major violators and includes administrative and civil actions brought by the EPA.For administration
actions after September 30, 1995,data entry in the RAATS database was discontinued.EPA will retain a copy of
the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources
made it impossible to continue to update the information contained in the database.
Date of Government Version:04/17/1995 Source: EPA
Date Data Arrived at EDR:07/03/1995 Telephone: [phone]
Date Made Active in Reports:08/07/1995 Last EDR Contact:06/02/2008
Number of Days to Update:35 Next Scheduled EDR Contact:09/01/2008
Data Release Frequency:No Update Planned
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
PRP: Potentially Responsible Parties
A listing of verified Potentially Responsible Parties
Date of Government Version: 10/25/2013 Source: EPA
Date Data Arrived at EDR:10/17/2014 Telephone: [phone]
Date Made Active in Reports: 10/20/2014 Last EDR Contact:08/09/2018
Number of Days to Update:3 Next Scheduled EDR Contact: 11/19/2018
Data Release Frequency:Quarterly
PADS: PCB Activity Database System
PCB Activity Database.PADS Identifies generators,transporters,commercial storers and/or brokers and disposers
of PCB's who are required to notify the EPA of such activities.
Date of Government Version:06/01/2017 Source: EPA
Date Data Arrived at EDR:06/09/2017 Telephone: [phone]
Date Made Active in Reports: 10/13/2017 Last EDR Contact:07/13/2018
Number of Days to Update:126 Next Scheduled EDR Contact: 10/22/2018
Data Release Frequency:Annually
ICIS: Integrated Compliance Information System
The Integrated Compliance Information System(ICIS)supports the information needs of the national enforcement
and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System(NPDES)
program.
Date of Government Version: 11/18/2016 Source: Environmental Protection Agency
Date Data Arrived at EDR:11/23/2016 Telephone: [phone]
Date Made Active in Reports:02/10/2017 Last EDR Contact:07/09/2018
Number of Days to Update:79 Next Scheduled EDR Contact: 10/22/2018
Data Release Frequency:Quarterly
FTTS: FIFRA/TSCA Tracking System-FIFRA(Federal Insecticide,Fungicide,&Rodenticide Act)/TSCA(Toxic Substances Control Act)
FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA,
TSCA and EPCRA(Emergency Planning and Community Right-to-Know Act).To maintain currency, EDR contacts the
Agency on a quarterly basis.
Date of Government Version:04/09/2009 Source: EPA/Office of Prevention, Pesticides and Toxic Substances
Date Data Arrived at EDR:04/16/2009 Telephone: [phone]
Date Made Active in Reports:05/11/2009 Last EDR Contact:08/18/2017
Number of Days to Update:25 Next Scheduled EDR Contact: 12/04/2017
Data Release Frequency:Quarterly
FTTS INSP: FIFRA/TSCA Tracking System-FIFRA(Federal Insecticide,Fungicide,&Rodenticide Act)/TSCA(Toxic Substances Control Act)
A listing of FIFRA/TSCA Tracking System(FTTS)inspections and enforcements.
Date of Government Version:04/09/2009 Source: EPA
Date Data Arrived at EDR:04/16/2009 Telephone: [phone]
Date Made Active in Reports:05/11/2009 Last EDR Contact:08/18/2017
Number of Days to Update:25 Next Scheduled EDR Contact: 12/04/2017
Data Release Frequency:Quarterly
MLTS: Material Licensing Tracking System
MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which
possess or use radioactive materials and which are subject to NRC licensing requirements.To maintain currency,
EDR contacts the Agency on a quarterly basis.
Date of Government Version:08/30/2016 Source: Nuclear Regulatory Commission
Date Data Arrived at EDR:09/08/2016 Telephone: [phone]
Date Made Active in Reports: 10/21/2016 Last EDR Contact:07/23/2018
Number of Days to Update:43 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Quarterly
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
COAL ASH DOE: Steam-Electric Plant Operation Data
A listing of power plants that store ash in surface ponds.
Date of Government Version: 12/31/2005 Source: Department of Energy
Date Data Arrived at EDR:08/07/2009 Telephone: [phone]
Date Made Active in Reports: 10/22/2009 Last EDR Contact:06/07/2018
Number of Days to Update:76 Next Scheduled EDR Contact:09/17/2018
Data Release Frequency:Varies
COAL ASH EPA: Coal Combustion Residues Surface Impoundments List
A listing of coal combustion residues surface impoundments with high hazard potential ratings.
Date of Government Version:07/01/2014 Source: Environmental Protection Agency
Date Data Arrived at EDR:09/10/2014 Telephone: N/A
Date Made Active in Reports: 10/20/2014 Last EDR Contact:06/04/2018
Number of Days to Update:40 Next Scheduled EDR Contact:09/17/2018
Data Release Frequency:Varies
PCB TRANSFORMER: PCB Transformer Registration Database
The database of PCB transformer registrations that includes all PCB registration submittals.
Date of Government Version:05/24/2017 Source: Environmental Protection Agency
Date Data Arrived at EDR:11/30/2017 Telephone: [phone]
Date Made Active in Reports: 12/15/2017 Last EDR Contact:07/27/2018
Number of Days to Update:15 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
RADINFO: Radiation Information Database
The Radiation Information Database(RADINFO)contains information about facilities that are regulated by U.S.
Environmental Protection Agency(EPA)regulations for radiation and radioactivity.
Date of Government Version:04/03/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:04/05/2018 Telephone: [phone]
Date Made Active in Reports:06/29/2018 Last EDR Contact:07/05/2018
Number of Days to Update:85 Next Scheduled EDR Contact: 10/15/2018
Data Release Frequency:Quarterly
HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing
A complete administrative case listing from the FIFRA/TSCA Tracking System(FTTS)for all ten EPA regions.The
information was obtained from the National Compliance Database(NCDB).NCDB supports the implementation of FIFRA
(Federal Insecticide,Fungicide,and Rodenticide Act)and TSCA(Toxic Substances Control Act).Some EPA regions
are now closing out records.Because of that,and the fact that some EPA regions are not providing EPA Headquarters
with updated records, it was decided to create a HIST FTTS database. It included records that may not be included
in the newer FTTS database updates.This database is no longer updated.
Date of Government Version: 10/19/2006 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/01/2007 Telephone: [phone]
Date Made Active in Reports:04/10/2007 Last EDR Contact:12/17/2007
Number of Days to Update:40 Next Scheduled EDR Contact:03/17/2008
Data Release Frequency:No Update Planned
HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection&Enforcement Case Listing
A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System(FTTS)for all ten EPA
regions.The information was obtained from the National Compliance Database(NCDB).NCDB supports the implementation
of FIFRA(Federal Insecticide,Fungicide,and Rodenticide Act)and TSCA(Toxic Substances Control Act).Some
EPA regions are now closing out records.Because of that,and the fact that some EPA regions are not providing
EPA Headquarters with updated records,it was decided to create a HIST FTTS database. It included records that
may not be included in the newer FTTS database updates.This database is no longer updated.
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Government Version: 10/19/2006 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/01/2007 Telephone: [phone]
Date Made Active in Reports:04/10/2007 Last EDR Contact:12/17/2008
Number of Days to Update:40 Next Scheduled EDR Contact:03/17/2008
Data Release Frequency:No Update Planned
DOT OPS: Incident and Accident Data
Department of Transporation,Office of Pipeline Safety Incident and Accident data.
Date of Government Version:07/31/2012 Source: Department of Transporation, Office of Pipeline Safety
Date Data Arrived at EDR:08/07/2012 Telephone: [phone]
Date Made Active in Reports:09/18/2012 Last EDR Contact:08/09/2018
Number of Days to Update:42 Next Scheduled EDR Contact: 11/12/2018
Data Release Frequency:Varies
CONSENT: Superfund(CERCLA)Consent Decrees
Major legal settlements that establish responsibility and standards for cleanup at NPL(Superfund)sites.Released
periodically by United States District Courts after settlement by parties to litigation matters.
Date of Government Version:03/31/2018 Source: Department of Justice,Consent Decree Library
Date Data Arrived at EDR:04/16/2018 Telephone: Varies
Date Made Active in Reports:06/29/2018 Last EDR Contact:07/09/2018
Number of Days to Update:74 Next Scheduled EDR Contact: 10/01/2018
Data Release Frequency:Varies
BRS: Biennial Reporting System
The Biennial Reporting System is a national system administered by the EPA that collects data on the generation
and management of hazardous waste.BRS captures detailed data from two groups:Large Quantity Generators(LQG)
and Treatment,Storage,and Disposal Facilities.
Date of Government Version: 12/31/2015 Source: EPA/NTIS
Date Data Arrived at EDR:02/22/2017 Telephone: [phone]
Date Made Active in Reports:09/28/2017 Last EDR Contact:06/28/2018
Number of Days to Update:218 Next Scheduled EDR Contact:09/03/2018
Data Release Frequency:Biennially
INDIAN RESERV: Indian Reservations
This map layer portrays Indian administered lands of the United States that have any area equal to or greater
than 640 acres.
Date of Government Version: 12/31/2014 Source: USGS
Date Data Arrived at EDR:07/14/2015 Telephone: [phone]
Date Made Active in Reports:01/10/2017 Last EDR Contact:07/11/2018
Number of Days to Update:546 Next Scheduled EDR Contact: 10/22/2018
Data Release Frequency:Semi-Annually
FUSRAP: Formerly Utilized Sites Remedial Action Program
DOE established the Formerly Utilized Sites Remedial Action Program(FUSRAP)in 1974 to remediate sites where
radioactive contamination remained from Manhattan Project and early U.S.Atomic Energy Commission(AEC)operations.
Date of Government Version: 12/23/2016 Source: Department of Energy
Date Data Arrived at EDR:12/27/2016 Telephone: [phone]
Date Made Active in Reports:02/17/2017 Last EDR Contact:08/01/2018
Number of Days to Update:52 Next Scheduled EDR Contact: 11/19/2018
Data Release Frequency:Varies
UMTRA: Uranium Mill Tailings Sites
Uranium ore was mined by private companies for federal government use in national defense programs.When the mills
shut down,large piles of the sand-like material(mill tailings)remain after uranium has been extracted from
the ore. Levels of human exposure to radioactive materials from the piles are low;however, in some cases tailings
were used as construction materials before the potential health hazards of the tailings were recognized.
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GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Government Version:06/23/2017 Source: Department of Energy
Date Data Arrived at EDR:10/11/2017 Telephone: [phone]
Date Made Active in Reports: 11/03/2017 Last EDR Contact:05/18/2018
Number of Days to Update:23 Next Scheduled EDR Contact:09/03/2018
Data Release Frequency:Varies
LEAD SMELTER 1: Lead Smelter Sites
A listing of former lead smelter site locations.
Date of Government Version:05/13/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:05/30/2018 Telephone: [phone]
Date Made Active in Reports:06/29/2018 Last EDR Contact:08/09/2018
Number of Days to Update:30 Next Scheduled EDR Contact: 10/15/2018
Data Release Frequency:Varies
LEAD SMELTER 2: Lead Smelter Sites
A list of several hundred sites in the U.S.where secondary lead smelting was done from 1931and 1964.These sites
may pose a threat to public health through ingestion or inhalation of contaminated soil or dust
Date of Government Version:04/05/2001 Source: American Journal of Public Health
Date Data Arrived at EDR:10/27/2010 Telephone: [phone]
Date Made Active in Reports: 12/02/2010 Last EDR Contact:12/02/2009
Number of Days to Update:36 Next Scheduled EDR Contact:N/A
Data Release Frequency:No Update Planned
US AIRS(AFS): Aerometric Information Retrieval System Facility Subsystem(AFS)
The database is a sub-system of Aerometric Information Retrieval System(AIRS).AFS contains compliance data
on air pollution point sources regulated by the U.S.EPA and/or state and local air regulatory agencies.This
information comes from source reports by various stationary sources of air pollution,such as electric power plants,
steel mills,factories,and universities,and provides information about the air pollutants they produce.Action,
air program,air program pollutant,and general level plant data.It is used to track emissions and compliance
data from industrial plants.
Date of Government Version: 10/12/2016 Source: EPA
Date Data Arrived at EDR:10/26/2016 Telephone: [phone]
Date Made Active in Reports:02/03/2017 Last EDR Contact:09/26/2017
Number of Days to Update:100 Next Scheduled EDR Contact:01/08/2018
Data Release Frequency:Annually
US AIRS MINOR: Air Facility System Data
A listing of minor source facilities.
Date of Government Version: 10/12/2016 Source: EPA
Date Data Arrived at EDR:10/26/2016 Telephone: [phone]
Date Made Active in Reports:02/03/2017 Last EDR Contact:09/26/2017
Number of Days to Update:100 Next Scheduled EDR Contact:01/08/2018
Data Release Frequency:Annually
US MINES: Mines Master Index File
Contains all mine identification numbers issued for mines active or opened since 1971.The data also includes
violation information.
Date of Government Version:05/03/2018 Source: Department of Labor, Mine Safety and Health Administration
Date Data Arrived at EDR:05/31/2018 Telephone: [phone]
Date Made Active in Reports:06/29/2018 Last EDR Contact:05/31/2018
Number of Days to Update:29 Next Scheduled EDR Contact:09/10/2018
Data Release Frequency:Semi-Annually
US MINES 2: Ferrous and Nonferrous Metal Mines Database Listing
This map layer includes ferrous(ferrous metal mines are facilities that extract ferrous metals,such as iron
ore or molybdenum)and nonferrous(Nonferrous metal mines are facilities that extract nonferrous metals,such
as gold,silver,copper,zinc,and lead)metal mines in the United States.
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Date of Government Version: 12/05/2005 Source: USGS
Date Data Arrived at EDR:02/29/2008 Telephone: [phone]
Date Made Active in Reports:04/18/2008 Last EDR Contact:05/30/2018
Number of Days to Update:49 Next Scheduled EDR Contact:09/10/2018
Data Release Frequency:Varies
US MINES 3: Active Mines&Mineral Plants Database Listing
Active Mines and Mineral Processing Plant operations for commodities monitored by the Minerals Information Team
of the USGS.
Date of Government Version:04/14/2011 Source: USGS
Date Data Arrived at EDR:06/08/2011 Telephone: [phone]
Date Made Active in Reports:09/13/2011 Last EDR Contact:05/30/2018
Number of Days to Update:97 Next Scheduled EDR Contact:09/10/2018
Data Release Frequency:Varies
ABANDONED MINES: Abandoned Mines
An inventory of land and water impacted by past mining(primarily coal mining)is maintained by OSMRE to provide
information needed to implement the Surface Mining Control and Reclamation Act of 1977(SMCRA).The inventory
contains information on the location,type,and extent of AML impacts,as well as,information on the cost associated
with the reclamation of those problems.The inventory is based upon field surveys by State,Tribal,and OSMRE
program officials. It is dynamic to the extent that it is modified as new problems are identified and existing
problems are reclaimed.
Date of Government Version:03/08/2018 Source: Department of Interior
Date Data Arrived at EDR:03/13/2018 Telephone: [phone]
Date Made Active in Reports:06/08/2018 Last EDR Contact:06/20/2018
Number of Days to Update:87 Next Scheduled EDR Contact:09/24/2018
Data Release Frequency:Quarterly
FINDS: Facility Index System/Facility Registry System
Facility Index System.FINDS contains both facility information and'pointers'to other sources that contain more
detail.EDR includes the following FINDS databases in this report:PCS(Permit Compliance System),AIRS(Aerometric
Information Retrieval System), DOCKET(Enforcement Docket used to manage and track information on civil judicial
enforcement cases for all environmental statutes),FURS(Federal Underground Injection Control),C-DOCKET(Criminal
Docket System used to track criminal enforcement actions for all environmental statutes),FFIS(Federal Facilities
Information System),STATE(State Environmental Laws and Statutes),and PADS(PCB Activity Data System).
Date of Government Version:02/21/2018 Source: EPA
Date Data Arrived at EDR:02/23/2018 Telephone: [phone]
Date Made Active in Reports:03/23/2018 Last EDR Contact:06/06/2018
Number of Days to Update:28 Next Scheduled EDR Contact:09/17/2018
Data Release Frequency:Quarterly
ECHO: Enforcement&Compliance History Information
ECHO provides integrated compliance and enforcement information for about 800,000 regulated facilities nationwide.
Date of Government Version:02/25/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:03/17/2018 Telephone: [phone]
Date Made Active in Reports:06/08/2018 Last EDR Contact:06/06/2018
Number of Days to Update:83 Next Scheduled EDR Contact:09/17/2018
Data Release Frequency:Quarterly
UXO: Unexploded Ordnance Sites
A listing of unexploded ordnance site locations
Date of Government Version:09/30/2016 Source: Department of Defense
Date Data Arrived at EDR:10/31/2017 Telephone: [phone]
Date Made Active in Reports:01/12/2018 Last EDR Contact:07/13/2018
Number of Days to Update:73 Next Scheduled EDR Contact: 10/29/2018
Data Release Frequency:Varies
TC5390710.2s Page GR-20

GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
DOCKET HWC: Hazardous Waste Compliance Docket Listing
A complete list of the Federal Agency Hazardous Waste Compliance Docket Facilities.
Date of Government Version:01/04/2018 Source: Environmental Protection Agency
Date Data Arrived at EDR:01/19/2018 Telephone: [phone]
Date Made Active in Reports:04/13/2018 Last EDR Contact:06/01/2018
Number of Days to Update:84 Next Scheduled EDR Contact:09/10/2018
Data Release Frequency:Varies
FUELS PROGRAM: EPA Fuels Program Registered Listing
This listing includes facilities that are registered under the Part 80(Code of Federal Regulations)EPA Fuels
Programs.All companies now are required to submit new and updated registrations.
Date of Government Version:02/20/2018 Source: EPA
Date Data Arrived at EDR:02/21/2018 Telephone: [phone]
Date Made Active in Reports:03/23/2018 Last EDR Contact:05/23/2018
Number of Days to Update:30 Next Scheduled EDR Contact:09/03/2018
Data Release Frequency:Quarterly
AIRS: Air Quality Permit Listing
A listing of facilities with air quality permits.
Date of Government Version:06/11/2018 Source: Department of Environmental Quality
Date Data Arrived at EDR:06/14/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/14/2018
Number of Days to Update:41 Next Scheduled EDR Contact:09/24/2018
Data Release Frequency:Varies
ASBESTOS: ASBESTOS
Asbestos notification sites
Date of Government Version: 10/15/2016 Source: Department of Health&Human Services
Date Data Arrived at EDR:03/01/2018 Telephone: [phone]
Date Made Active in Reports:04/18/2018 Last EDR Contact:08/02/2018
Number of Days to Update:48 Next Scheduled EDR Contact: 11/05/2018
Data Release Frequency:Varies
COAL ASH: Coal Ash Disposal Sites
A listing of coal combustion products distribution permits issued by the Division for the treatment,storage,
transportation,use and disposal of coal combustion products.
Date of Government Version: 12/14/2015 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:02/23/2016 Telephone: [phone]
Date Made Active in Reports:05/18/2016 Last EDR Contact:07/30/2018
Number of Days to Update:85 Next Scheduled EDR Contact: 11/12/2018
Data Release Frequency:Varies
DRYCLEANERS: Drycleaning Sites
Potential and known drycleaning sites,active and abandoned,that the Drycleaning Solvent Cleanup Program has
knowledge of and entered into this database.
Date of Government Version:04/23/2018 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:06/20/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/20/2018
Number of Days to Update:35 Next Scheduled EDR Contact: 10/01/2018
Data Release Frequency:Varies
Financial Assurance 1: Financial Assurance Information Listing
A listing of financial assurance information for underground storage tank facilities.Financial assurance is intended
to ensure that resources are available to pay for the cost of closure,post-closure care,and corrective measures
if the owner or operator of a regulated facility is unable or unwilling to pay.
TC5390710.2s Page GR-21

GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Government Version:05/04/2018 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:05/08/2018 Telephone: [phone]
Date Made Active in Reports:06/11/2018 Last EDR Contact:08/07/2018
Number of Days to Update:34 Next Scheduled EDR Contact: 11/19/2018
Data Release Frequency:Quarterly
Financial Assurance 2: Financial Assurance Information Listing
Information for solid waste facilities.Financial assurance is intended to ensure that resources are available
to pay for the cost of closure,post-closure care,and corrective measures if the owner or operator of a regulated
facility is unable or unwilling to pay.
Date of Government Version: 10/02/2012 Source: Department of Environmental&Natural Resources
Date Data Arrived at EDR:10/03/2012 Telephone: [phone]
Date Made Active in Reports: 10/26/2012 Last EDR Contact:06/22/2018
Number of Days to Update:23 Next Scheduled EDR Contact: 10/08/2018
Data Release Frequency:Varies
Financial Assurance 3: Financial Assurance Information
Hazardous waste financial assurance information.
Date of Government Version:06/11/2018 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:06/12/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/07/2018
Number of Days to Update:43 Next Scheduled EDR Contact:09/24/2018
Data Release Frequency:Varies
NPDES: NPDES Facility Location Listing
General information regarding NPDES(National Pollutant Discharge Elimination System)permits.
Date of Government Version:04/02/2018 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:05/04/2018 Telephone: [phone]
Date Made Active in Reports:06/11/2018 Last EDR Contact:08/01/2018
Number of Days to Update:38 Next Scheduled EDR Contact: 11/12/2018
Data Release Frequency:Varies
UIC: Underground Injection Wells Listing
A listing of uncerground injection wells locations.
Date of Government Version:06/01/2018 Source: Department of Environment&Natural Resources
Date Data Arrived at EDR:06/05/2018 Telephone: [phone]
Date Made Active in Reports:07/25/2018 Last EDR Contact:06/01/2018
Number of Days to Update:50 Next Scheduled EDR Contact:09/17/2018
Data Release Frequency:Quarterly
AOP: Animal Operation Permits Listing
This listing includes animal operations that are required to be permitted by the state.
Date of Government Version:01/26/2018 Source: Department of Environmental Quality
Date Data Arrived at EDR:03/09/2018 Telephone: [phone]
Date Made Active in Reports:06/07/2018 Last EDR Contact:06/15/2018
Number of Days to Update:90 Next Scheduled EDR Contact:09/24/2018
Data Release Frequency:Varies
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP: EDR Proprietary Manufactured Gas Plants
The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants(manufactured gas plants)
compiled by EDR's researchers.Manufactured gas sites were used in the United States from the 1800's to 1950's
to produce a gas that could be distributed and used as fuel.These plants used whale oil, rosin,coal,or a mixture
of coal,oil,and water that also produced a significant amount of waste.Many of the byproducts of the gas production,
such as coal tar(oily waste containing volatile and non-volatile chemicals),sludges,oils and other compounds
are potentially hazardous to human health and the environment.The byproduct from this process was frequently
disposed of directly at the plant site and can remain or spread slowly,serving as a continuous source of soil
and groundwater contamination.
TC5390710.2s Page GR-22

GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Date of Government Version:N/A Source: EDR,Inc.
Date Data Arrived at EDR:N/A Telephone: N/A
Date Made Active in Reports:N/A Last EDR Contact: N/A
Number of Days to Update:N/A Next Scheduled EDR Contact: N/A
Data Release Frequency: No Update Planned
EDR Hist Auto: EDR Exclusive Historical Auto Stations
EDR has searched selected national collections of business directories and has collected listings of potential
gas station/filling station/service station sites that were available to EDR researchers.EDR's review was limited
to those categories of sources that might,in EDR's opinion,include gas station/filling station/service station
establishments.The categories reviewed included,but were not limited to gas,gas station,gasoline station,
filling station,auto,automobile repair,auto service station,service station,etc.This database falls within
a category of information EDR classifies as"High Risk Historical Records",or HRHR.EDR's HRHR effort presents
unique and sometimes proprietary data about past sites and operations that typically create environmental concerns,
but may not show up in current government records searches.
Date of Government Version:N/A Source: EDR,Inc.
Date Data Arrived at EDR:N/A Telephone: N/A
Date Made Active in Reports:N/A Last EDR Contact:N/A
Number of Days to Update:N/A Next Scheduled EDR Contact:N/A
Data Release Frequency:Varies
EDR Hist Cleaner: EDR Exclusive Historical Cleaners
EDR has searched selected national collections of business directories and has collected listings of potential
dry cleaner sites that were available to EDR researchers.EDR's review was limited to those categories of sources
that might,in EDR's opinion,include dry cleaning establishments.The categories reviewed included,but were
not limited to dry cleaners,cleaners, laundry,laundromat,cleaning/laundry,wash&dry etc.This database falls
within a category of information EDR classifies as"High Risk Historical Records",or HRHR.EDR's HRHR effort
presents unique and sometimes proprietary data about past sites and operations that typically create environmental
concerns,but may not show up in current government records searches.
Date of Government Version:N/A Source: EDR, Inc.
Date Data Arrived at EDR:N/A Telephone: N/A
Date Made Active in Reports:N/A Last EDR Contact:N/A
Number of Days to Update:N/A Next Scheduled EDR Contact:N/A
Data Release Frequency:Varies
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt.Archives
RGA HWS: Recovered Government Archive State Hazardous Waste Facilities List
The EDR Recovered Government Archive State Hazardous Waste database provides a list of SHWS incidents derived
from historical databases and includes many records that no longer appear in current government lists.Compiled
from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina.
Date of Government Version:N/A Source: Department of Environment,Health and Natural Resources
Date Data Arrived at EDR:07/01/2013 Telephone: N/A
Date Made Active in Reports: 12/24/2013 Last EDR Contact:06/01/2012
Number of Days to Update:176 Next Scheduled EDR Contact:N/A
Data Release Frequency:Varies
RGA LF: Recovered Government Archive Solid Waste Facilities List
The EDR Recovered Government Archive Landfill database provides a list of landfills derived from historical databases
and includes many records that no longer appear in current government lists.Compiled from Records formerly available
from the Department of Environment, Health and Natural Resources in North Carolina.
Date of Government Version:N/A Source: Department of Environment,Health and Natural Resources
Date Data Arrived at EDR:07/01/2013 Telephone: N/A
Date Made Active in Reports:01/13/2014 Last EDR Contact:06/01/2012
Number of Days to Update:196 Next Scheduled EDR Contact:N/A
Data Release Frequency:Varies
TC5390710.2s Page GR-23

GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
RGA LUST: Recovered Government Archive Leaking Underground Storage Tank
The EDR Recovered Government Archive Leaking Underground Storage Tank database provides a list of LUST incidents
derived from historical databases and includes many records that no longer appear in current government lists.
Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North
Carolina.
Date of Government Version:N/A Source: Department of Environment,Health and Natural Resources
Date Data Arrived at EDR:07/01/2013 Telephone: N/A
Date Made Active in Reports: 12/20/2013 Last EDR Contact:06/01/2012
Number of Days to Update:172 Next Scheduled EDR Contact:N/A
Data Release Frequency:Varies
OTHER DATABASE(S)
Depending on the geographic area covered by this report,the data provided in these specialty databases may or may not be
complete. For example,the existence of wetlands information data in a specific report does not mean that all wetlands in the
area covered by the report are included. Moreover,the absence of any reported wetlands information does not necessarily
mean that wetlands do not exist in the area covered by the report.
CT MANIFEST: Hazardous Waste Manifest Data
Facility and manifest data.Manifest is a document that lists and tracks hazardous waste from the generator through
transporters to a tsd facility.
Date of Government Version:01/03/2018 Source: Department of Energy&Environmental Protection
Date Data Arrived at EDR:02/14/2018 Telephone: [phone]
Date Made Active in Reports:03/22/2018 Last EDR Contact:08/09/2018
Number of Days to Update:36 Next Scheduled EDR Contact: 11/26/2018
Data Release Frequency:No Update Planned
NJ MANIFEST: Manifest Information
Hazardous waste manifest information.
Date of Government Version: 12/31/2017 Source: Department of Environmental Protection
Date Data Arrived at EDR:07/13/2018 Telephone: N/A
Date Made Active in Reports:08/01/2018 Last EDR Contact:07/13/2018
Number of Days to Update:19 Next Scheduled EDR Contact: 10/22/2018
Data Release Frequency:Annually
NY MANIFEST: Facility and Manifest Data
Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD
facility.
Date of Government Version:04/30/2018 Source: Department of Environmental Conservation
Date Data Arrived at EDR:05/03/2018 Telephone: [phone]
Date Made Active in Reports:06/07/2018 Last EDR Contact:08/01/2018
Number of Days to Update:35 Next Scheduled EDR Contact: 11/12/2018
Data Release Frequency:Quarterly
PA MANIFEST: Manifest Information
Hazardous waste manifest information.
Date of Government Version: 12/31/2016 Source: Department of Environmental Protection
Date Data Arrived at EDR:07/25/2017 Telephone: [phone]
Date Made Active in Reports:09/25/2017 Last EDR Contact:07/12/2018
Number of Days to Update:62 Next Scheduled EDR Contact: 10/29/2018
Data Release Frequency:Annually
TC5390710.2s Page GR-24

GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
RI MANIFEST: Manifest information
Hazardous waste manifest information
Date of Government Version: 12/31/2017 Source: Department of Environmental Management
Date Data Arrived at EDR:02/23/2018 Telephone: [phone]
Date Made Active in Reports:04/09/2018 Last EDR Contact:05/21/2018
Number of Days to Update:45 Next Scheduled EDR Contact:09/03/2018
Data Release Frequency:Annually
WI MANIFEST: Manifest Information
Hazardous waste manifest information.
Date of Government Version: 12/31/2017 Source: Department of Natural Resources
Date Data Arrived at EDR:06/15/2018 Telephone: N/A
Date Made Active in Reports:07/09/2018 Last EDR Contact:06/11/2018
Number of Days to Update:24 Next Scheduled EDR Contact:09/24/2018
Data Release Frequency:Annually
Oil/Gas Pipelines
Source: PennWell Corporation
Petroleum Bundle(Crude Oil, Refined Products, Petrochemicals,Gas Liquids(LPG/NGL),and Specialty
Gases(Miscellaneous))N=Natural Gas Bundle(Natural Gas,Gas Liquids(LPG/NGL),and Specialty Gases
(Miscellaneous)).This map includes information copyrighted by PennWell Corporation.This information
is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant
its fitness for any particular purpose.Such information has been reprinted with the permission of PennWell.
Electric Power Transmission Line Data
Source: PennWell Corporation
This map includes information copyrighted by PennWell Corporation.This information is provided on a best
effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any
particular purpose.Such information has been reprinted with the permission of PennWell.
Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity
to environmental discharges. These sensitive receptors typically include the elderly,the sick,and children. While the location of all
sensitive receptors cannot be determined,EDR indicates those buildings and facilities-schools,daycares,hospitals,medical centers,
and nursing homes-where individuals who are sensitive receptors are likely to be located.
AHA Hospitals:
Source:American Hospital Association, Inc.
Telephone:[phone]
The database includes a listing of hospitals based on the American Hospital Association's annual survey of hospitals.
Medical Centers:Provider of Services Listing
Source:Centers for Medicare&Medicaid Services
Telephone:[phone]
A listing of hospitals with Medicare provider number,produced by Centers of Medicare&Medicaid Services,
a federal agency within the U.S.Department of Health and Human Services.
Nursing Homes
Source:National Institutes of Health
Telephone:[phone]
Information on Medicare and Medicaid certified nursing homes in the United States.
Public Schools
Source:National Center for Education Statistics
Telephone:[phone]
The National Center for Education Statistics'primary database on elementary
and secondary public education in the United States. It is a comprehensive,annual, national statistical
database of all public elementary and secondary schools and school districts,which contains data that are
comparable across all states.
Private Schools
Source:National Center for Education Statistics
Telephone:[phone]
The National Center for Education Statistics'primary database on private school locations in the United States.
TC5390710.2s Page GR-25

GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING
Daycare Centers:Child Care Facility List
Source:Department of Health&Human Services
Telephone:[phone]
Flood Zone Data: This data was obtained from the Federal Emergency Management Agency(FEMA). It depicts 100-year and
500-year flood zones as defined by FEMA.It includes the National Flood Hazard Layer(NFHL)which incorporates Flood
Insurance Rate Map(FIRM)data and Q3 data from FEMA in areas not covered by NFHL.
Source:FEMA
Telephone:[phone]
Date of Government Version:2003,2015
NWI: National Wetlands Inventory. This data,available in select counties across the country,was obtained by EDR
in 2002,2005 and 2010 from the U.S.Fish and Wildlife Service.
State Wetlands Data:Wetland Inventory
Source:US Fish& Wildlife Service
Telephone:[phone]
Current USGS 7.5 Minute Topographic Map
Source:U.S.Geological Survey
STREET AND ADDRESS INFORMATION
©2015 TomTom North America, Inc.All rights reserved. This material is proprietary and the subject of copyright protection
and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject
to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.
TC5390710.2s Page GR-26

Michael Baker We Make a Difference
ference
INTERNATIONAL
June 1,2018
Renee Gledhill-Earley,Environmental Review Coordinator
State Historic Preservation Office
4617 Mail Service Center
Raleigh,NC 27699-4617
Email: [e-mail]
RE: Project Review Request
UT to Rush Fork Stream Mitigation Project
Haywood County,North Carolina
French Broad River Basin (Catalog Unit-06010106)
Dear Ms. Gledhill-Earley:
Michael Baker Engineering, Inc. (Baker) is contracted by the North Carolina Division of Mitigation
Services (NCDMS) to conduct stream and/or wetland restoration/enhancement activities for the above-
referenced project. We are requesting an office review of the attached documentation and comment on any
possible issues that may emerge with respect to archaeological or cultural resources associated with the
proposed stream and/or wetland restoration/enhancement project.
The project area is located in the Crabtree Community in Haywood County,North Carolina approximately
3 miles south of the Township of Fines Creek. The project is located on the United States Geological
Survey's(USGS)Fines Creek Topographic Quadrangle. The center of the project area is located at 35.6446
N and-82.9402 W. The project site flows southwesterly and is bisected by Rush Fork Road approximately
1.8 miles north of its intersection with Silvers Coves Road. Please see the enclosed Vicinity and USGS
Topographic Maps for a depiction of the project site location.
The UT to Rush Fork site was identified to provide compensatory mitigation for unavoidable stream and/or
wetland impacts. The existing stream reaches have been significantly impacted by unrestricted livestock
access and the removal of riparian buffers. Most of the project reaches have cleared banks with a mix of
small scattered trees and stands of invasive species located at the top of bank in non-grazed areas. Currently,
the project reaches are unstable,incised,and exhibit active bank erosion from both high flows and livestock
access.
The project will involve the restoration and enhancement of approximately 5,300 LF of existing stream. A
Best Management Practice (BMP) will also be implemented at the head of one of the tributaries to treat
nutrient and sediment laden run-off from the surrounding pasture area. Degraded riparian wetlands will be
restored and/or enhanced with the implementation of Priority Level 1 restoration,livestock exclusion,and
native riparian buffer plantings. At this time, no wetland credit is being sought for the project. A
conservation easement will be implemented along all project reaches in an excess of 30 feet from the top
of bank and will incorporate existing functional wetlands. The conservation easement will protect the entire
project area in perpetuity. Livestock will be excluded from the conservation easement with permanent
fencing.
Michael Baker Engineering,Inc.
M B A K E R I T L.C D M Ballantyne One,15720 Brixham Ave.,Suite 300,Office 318
Charlotte,NC 282771 Office:704.665.2200

We Make a Difference
An on-line search was conducted on June 1, 2018 using the HPOWEB GIS Map Service to identify any
historic properties listed on the National Register of Historic Places that lie within a one-mile radius of the
project site. Results from the search identified the two places: Walker Log House (Site ID HW0515) and
a surveyed log house (Site ID HW0477). Please refer to the enclosed SHPO Map for a depiction of the
project area's location relative to the historic properties.
On-site investigations and discussions with landowners have not revealed any potential cultural resources
within the proposed easement areas. No archeological artifacts have been observed or noted during
preliminary surveys of the site for restoration purposes, and no existing structures are located within the
areas proposed for restoration or enhancement. The majority of the site has historically been disturbed due
to past and current management for pasture grazing and livestock production.
Baker appreciates your timely attention to this matter. If we do not hear from you within 30 days,we will
assume that there are no comments with regard to the project area and archaeological and cultural resources.
Please feel free to contact us if you have any questions regarding this project or the extent of proposed
disturbance. I can be reached at(704)579-4828 or via my email address at [e-mail].
Sincerely,
Kristi Suggs
Enclosures: Vicinity Map
USGS Topographic Map
SHPO Map
Cc: File

Michael Baker We Make a Difference
ference
INTERNATIONAL
June 1,2018
Holly Austin
Section 106 Assistant
Eastern Band of Cherokee Indians
P.O.Box 455
Cherokee,NC 28719
Email: [e-mail]
RE: Project Review Request
UT to Rush Fork Stream Mitigation Project
Haywood County,North Carolina
French Broad River Basin (Catalog Unit-06010106)
Dear Ms.Austin:
Michael Baker Engineering, Inc. (Baker) is contracted by the North Carolina Division of Mitigation
Services (NCDMS) to conduct stream and/or wetland restoration/enhancement activities for the above-
referenced project. We are requesting an office review of the attached documentation and comment on any
possible issues that may emerge with respect to archaeological or cultural resources associated with the
proposed stream and/or wetland restoration/enhancement project.
The project area is located in the Crabtree Community in Haywood County,North Carolina approximately
3 miles south of the Township of Fines Creek. The project is located on the United States Geological
Survey's(USGS)Fines Creek Topographic Quadrangle. The center of the project area is located at 35.6446
N and-82.9402 W. The project site flows southwesterly and is bisected by Rush Fork Road approximately
1.8 miles north of its intersection with Silvers Coves Road. Please see the enclosed Vicinity and USGS
Topographic Maps for a depiction of the project site location.
The UT to Rush Fork site was identified to provide compensatory mitigation for unavoidable stream and/or
wetland impacts. The existing stream reaches have been significantly impacted by unrestricted livestock
access and the removal of riparian buffers. Most of the project reaches have cleared banks with a mix of
small scattered trees and stands of invasive species located at the top of bank in non-grazed areas. Currently,
the project reaches are unstable,incised,and exhibit active bank erosion from both high flows and livestock
access.
The project will involve the restoration and enhancement of approximately 5,300 LF of existing stream. A
Best Management Practice (BMP) will also be implemented at the head of one of the tributaries to treat
nutrient and sediment laden run-off from the surrounding pasture area. Degraded riparian wetlands will be
restored and/or enhanced with the implementation of Priority Level 1 restoration,livestock exclusion,and
native riparian buffer plantings. At this time, no wetland credit is being sought for the project. A
conservation easement will be implemented along all project reaches in an excess of 30 feet from the top
of bank and will incorporate existing functional wetlands. The conservation easement will protect the entire
project area in perpetuity. Livestock will be excluded from the conservation easement with permanent
fencing.
Michael Baker Engineering,Inc.
M B A K E R I T L.C D M Ballantyne One,15720 Brixham Ave.,Suite 300,Office 318
Charlotte,NC 282771 Office:704.665.2200

We Make a Difference
On-site investigations and discussions with landowners have not revealed any potential cultural resources
within the proposed easement areas. No archeological artifacts have been observed or noted during
preliminary surveys of the site for restoration purposes, and no existing structures are located within the
areas proposed for restoration or enhancement. The majority of the site has historically been disturbed due
to past and current management for pasture grazing and livestock production.
Baker appreciates your timely attention to this matter. If we do not hear from you within 30 days,we will
assume that there are no comments with regard to the project area or archaeological or cultural resources.
Please feel free to contact us if you have any questions regarding this project or the extent of proposed
disturbance. I can be reached at(704) 579-4828 or via my email address at [e-mail].
Sincerely,
Kristi Suggs
Enclosures: Vicinity Map
USGS Topographic Map
Project Area Map
Cc: NC State Historic Preservation Office (SHPO)
File

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0 1,600 3,200 Figure 2
Michael Baker Feet USGS Topographic Map
UT to Rush Fork
INTERNATIONAL 1 inch = 1,600 feet Stream Mitigation Project

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Figure 3
Michael Baker 0 0.334 0.668 SHPO Map
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INTERNATIONAL 1" = 1/3 Miles Stream Mitigation Project

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0 350 70Feet Fig.3 Project Area Map
Michael Baker
UT to Rush Fork
INTERNATIONAL 1 inch = 350 feet Mitigation Project

10' 1 7.7'
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M.Bartos,Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H.Hamilton Deputy Secretary Kevin Cherry
July 3, 2018
Kristi Suggs
Michael Baker Engineering, Inc.
Ballantyne One
15720 Brixham Avenue, Suite 300, Office 318
Charlotte,NC 28277
Re: UT to Rush Fork Stream Mitigation Project, Crabtree,Haywood County,ER 18-1299
Dear Ms. Suggs:
Thank you for your letter of June 1,2018, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore,we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or
environmental.review@a,ncdcr.gov. In all future communication concerning this project,please cite the above
referenced tracking number.
Sincerely,
1212—,Lluz_ ck
ItioVRamona M. Bartos
Location:109 East Jones Street,Raleigh NC 27601 Mailing Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Fax:[phone]-6599

°¢Ottice-Eastern8
Eastern Band of Cherokee Indians
y`4w r �d
)41 'ro, Tribal Historic Preservation Office
7110 \ °
P.O. Box 455
All `o W Cherokee,NC 28719
-_"—' Ph: 828-359-6854 Fax [phone]
,111
1534
g 'Y`'
nd°WO-DG cel'd�
DATE: 28 —June—2018
TO: Michael Baker International
ATTN: Kristi Suggs
Ballantyne One
15720 Brixham Hill Avenue, Suite 300, Office 318
Charlotte,NC 28277
PROJECT: UT to Rush Fork Stream Mitigation Project,Haywood County,North
Carolina.
Ms. Suggs:
The Tribal Historic Preservation Office of the Eastern Band of Cherokee Indians (EBCI THPO)
accepts the invitation to comment on these proposed section 106 activities under §36CFR800.
It is the opinion of the EBCI THPO that no cultural resources important to the Cherokee people
should be adversely impacted by these proposed federal undertakings. As such, these proposed
undertakings may proceed as planned. In the event that project design plans change, or cultural
resources or human remains are inadvertently discovered during site prep and construction
phase,the EBCI THPO requests that all work cease and be notified so we may continue the
nation-to-nation consultation process as stipulated under §36CFR800.
If we can be of further service, or if you have any comments or questions,please feel free to
contact me at(828) 359-6854.
Sincerely,
Holly Austin
Tribal Historical Preservation Office
Eastern Band of Cherokee Indians

OPTION TO PURCHASE CONSERVATION EASEMENT
THIS OPTION TO PURCHASE CONSERVATION EASEMENT(the"Option")is made and
entered into this lls*Vay of January, 2018 (the "Effective Date"), by and among
WE KIRK FARMS NORTH, LLC (the"Grantor"), and MICHAEL BAKER ENGINEERING, INC.,
a corporation organized in the State of New York with offices at 797 Haywood Rd., Suite 201,Asheville,
North Carolina 28806("Baker").
WITNES SETH:
WHEREAS, Grantor is the owner of that certain real property located in Haywood County, North
Carolina, containing 594.6 acres (PIN 8731-33-5998), more or less, as more particularly described
on Exhibit A attached hereto and incorporated herein by reference,together with the improvements thereon
and all appurtenances thereto belonging and appertaining, and all creeks, streams, rights-of-way, roads,
streets and ways bounding said real property(collectively the"Property"); and
WHEREAS, Grantor has agreed to convey to Baker, an exclusive right and option to acquire a
conservation easement,as more particularly described on the attached Exhibit B(the"Easement"),over the
Property in accordance with the terms of this Option; and
WHEREAS, Baker is interested in acquiring the Easement in order to develop and construct a full
delivery wetland, stream, and/or buffer restoration project over the lands covered by the Easement (the
"Work") in conjunction with requests for proposals issued under the Division of Mitigation Services
(formerly the Ecosystem Enhancement Program and Wetlands Restoration Program) within the North
Carolina Department of Environmental Quality ("DEQ") and Baker has agreed to undertake such Work
with respect to the Easement in accordance with the scope of work set forth in Exhibit C, attached hereto;
and
WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Baker hereby notifies Grantor that: (i) Baker believes the fair market value of the
Easement is the Purchase Price, pursuant to Paragraph 4(a), together with the value of the environmental
improvements to be made to the Easement by Baker in performing the Work on the Easement; and (ii)
Baker does not possess the power of eminent domain;
NOW THEREFORE, in consideration of the sum of
(the "Signing Date Option Deposit") and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged,the parties hereto agree as follows:
1. Grant of Option. Grantor hereby grants unto Baker,its successors and assigns,which shall
be limited to a third-party designated by Baker qualified to be the grantee of a conservation easement under
N.C.G.S. §121-35(2), the exclusive right and option to purchase the Easement in accordance with and
subject to the terms and conditions set forth in this Option.
2. Term. The term of this Option shall commence on the Effective Date and shall expire
THIRTY-SIX(36)months after the Effective Date(the"Teiui"),unless extended by the parties,in writing.
A Memorandum of Option to Purchase Easement in the form attached as Exhibit D shall be executed by
both parties simultaneously with this Option and recorded at Baker's sole discretion and expense in the
county where the Property is located to provide record notice of this Option. In no event shall this Option
be recorded or tiled in the public records.
1

materialmen's liens; and (iv) any other documents and papers necessary or appropriate in
connection with the consummation of the transaction contemplated by this Option.
At Closing,Baker shall deliver(i)a Settlement Statement setting forth each party's costs,
expenses,prorations and other financial analysis of the purchase and sale of the Easement
as contemplated hereby; (ii) the Note as defined in item 4(e), below; and (iii) any other
documents necessary to consummate the transaction contemplated by the Option.
e. Payment. It is understood that funding for the purchase of the Easement shall be
provided by the State of North Carolina pursuant to the Division of Mitigation Services of
DEQ and that such funding is made subsequent to recording of the Easement and
subsequent to Closing. Therefore,at Closing, Baker shall deliver to Grantor a promissory
note in the amount of the Purchase Price, less the Option Deposit and closing costs,
mortgage pay-offs, expenses, and prorations applicable to Grantor,which promissory note
shall bear interest at Zero Percent(0%)per annum on the unpaid balance until paid or until
default and which promissory note shall be due and payable in full on the date ninety(90)
days after the Closing(the"Note"). At the time of Closing, Baker shall record the Deed
and any plat referenced in the Deed and deliver copies of the recorded documents to the
State Property Office for review and funding. The Note shall contain an express provision
that if the DEQ fails to fund the purchase of the Easement in the amount of the Purchase
Price thereby causing Baker to fail to pay the Note in full on or before the maturity date,
then Baker,as Grantor's sole remedy,shall be liable to Grantor for all reasonable costs and
expenses, including reasonable attorney fees, required to have the Easement removed and
the title to the Property returned to the condition it was prior to the imposition of the
Easement,at which point the Note,this Option,and all duties,responsibilities and liabilities
with respect thereto shall be null and void. Otherwise, Baker shall pay the Note in full
upon receipt of funding by the State of North Carolina.
f. Condition of Property; Intended Use. Prior to Closing, Grantor shall remove all
rubbish and trash,including any hazardous waste or harmful chemical substances,from the
Easement but shall otherwise keep the Property in the same condition as of the Effective
Date, reasonable wear and tear excepted. Grantor shall prevent and refrain from any use
of the Property for any purpose or in any manner that would diminish the value of the
Easement or adversely affect Baker's intended use of the land for the Easement,which use
is to provide the Division of Mitigation Services within DEQ with wetland, stream,and/or
buffer mitigation credits. Grantor acknowledges that Baker will enter into an agreement
with DEQ to provide these credits, and Grantor agrees not to undertake or permit any
activities on the Property that would diminish Baker's ability to obtain such credits. If any
adverse change occurs in the condition of the Easement prior to Closing, whether such
change is caused by Grantor or by forces beyond Grantor's reasonable control,Baker may
elect to(i)refuse to accept the Easement at Closing; (ii)accept the Property at Closing, or
a portion thereof with a corresponding adjustment of the Purchase Price; or(iii)terminate
this Option and the transaction itself and declare this Option null and void.
g. Warranty of Title. Grantor covenants, represents and warrants that, as of the
Effective Date and Closing: (i) Grantor is the sole owner(s) of the Property and is seized
of the Property in fee simple absolute; (ii) Grantor has the right and authority to convey
this Option and the Easement and Grantor will hold the grantee of the Easement harmless
from any failure in Grantor's right and authority to convey the Easement, including issues
of title; (iii)there is legal access to the Property and to the Easement; (iv) the Easement is
free from any and all encumbrances,except those accepted by Baker in writing;(v)Grantor
3

If to Baker: Jake Byers
Michael Baker Engineering
797 Haywood Rd. Suite 201
Asheville, NC 28806
If to the Grantor: WE KIRK FARMS NORTH,LLC
448 Little Mountain Road
Waynesville,NC 28786
9. Miscellaneous.
a. This Option, together with the exhibits attached hereto which are incorporated
herein by reference, contains the entire understanding of the parties hereto with respect to
the subject matter contained herein. No amendment, modification, or discharge of this
Option, and no waiver hereunder, shall be valid or binding unless set forth in writing and
duly executed by the parties hereto.
b. Any provision of this Option that shall be found to be contrary to applicable law
or otherwise unenforceable shall not affect the remaining terms of this Option,which shall
be construed as if the unenforceable provision or clause were absent from this Option.
c. This Option shall be binding upon and inure to the benefit of the parties and their
respective heirs,personal representatives, successors, and assigns.
d. This Option shall be governed by and construed in accordance with the laws of the
State of North Carolina without application of its conflicts of laws provisions.
e. No act or failure to act by either party shall be deemed a waiver of its rights
hereunder,and no waiver in any one circumstance or of any one provision shall be deemed
a waiver in other circumstances or of other provisions.
£ Grantor agrees to not mow or otherwise damage vegetation within Easement area
after Baker plants or replants the same. If Grantor or Grantor's agents or invitees damage
vegetation within the Easement,Grantor will replace the lost or damaged vegetation at their
expense.
g. Baker shall ensure that access to portions of the Grantor's property shall not be
impeded by the proposed.
�{. This Option shall not be assignable by Baker, except to another entity acquiring at
Ieast fifty-one percent(51%)interest in Baker or Baker's business or to an entity qualified
to be the grantee of a conservation easement under N.C.G.S § 121-35 ` �r
I, C.Cdw�.r S'hcj.L k prv„'i6z occt-SS n,t ak0r or ..}L 4v ter— 6d�
rts04 d of ►tor ,,rti.d ►. he:lr�,c�
Palrvc r Tr p.•A -1(4 ,- G r -ko s •
5

IN WITNESS WHEREOF,the parties have duly executed this Option as of the date first above written.
GRANTOR:
By:
Print Name: WE KIRK FARM NORTH, ILC;
James Weaver Kirkpatrick,Jr.
Title: General Partner
MICH BAKER ENIGIN ERING,INC.:
By: M
Print Name: Dwain Hathaway
Title: Vice President/NC Office Executive
6

IIIIIII IIIIIIIIIII11III IIIII III
2018000542
HAYWOOD CO,NC FEE$26.00
PRESENTED&RECORDED'
01-22-2018 03:57:12 PM
SHERRI C.ROGERS
REGISTER OF DEEDS
BY HAVEN MUSE
DXrurY
BK: RB 944
EXHIBIT D PG: 1754-1757
Prepared by and Return:
Jake Byers
Michael Baker Engineering, Inc.
797 Haywood Rd, Suite 201
Asheville, NC 28806
MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT
THIS MEMORANDUM FOR OPTION TO PURCHASE CONSERVATION EASEMENT
("Memorandum") is made and entered into this 18th day of January. 2018, by and between
WE KIRK FARMS NORTH, LLC, private landowner ("Grantor") and MICHAEL BAKER
ENGINEERING, INC., a corporation organized in the state of New York with offices at 797 Haywood
Rd., Suite 201, Asheville,NC 28806 ("Baker").
WHEREAS, Grantor and Baker have entered into a certain Option to Purchase Conservation
Easement (the "Option") dated January 18, 2017, pursuant to which Grantor granted to Baker, its
successors and assigns, an option to purchase a conservation easement (the"Easement") over certain real
property located in Haywood County,North Carolina,which property is more particularly described on the
attached Exhibit D1 (the"Property")and
WHEREAS,The parties enter into this Memorandum for the purpose of setting forth certain terms
and conditions of the Option and to provide constructive notice of the Option;
NOW,THEREFORE,in consideration of the foregoing, the parties hereby agree as follows.
1. The term of the Option commenced on January 18, 2018 and shall expire
on January 18,2021.
2. All of the provisions set forth in the Option are incorporated in this Memorandum by
reference.
3. The Option shall be binding upon and inure to the benefit of the parties and their respective
heirs,successors and assigns.
[SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES]
10

IN WITNESS WHEREOF,the parties have duly executed this Memorandum as of the date first
above written.
GRANTEE:
By:
l
Print Name: Dwain Hathaway
Title: Vice President&NC Office Executive
STATE OF Mo0.-i CA¢Cac.I N sz‘
COUNTY OF w AIGe
1, $ kri4 L-eem, M MC ITl4Ata1 , a Notary Public of the County and State aforesaid, do hereby
certify that__PWAI N RATAlAW.ky t personally came before me this day and acknowledged
that he/she is VICE I S'Dfr 4T 4 I((. of t Micha B Baker Engineering, Inc. a North Carolina professional
corporation, and that he acknowledged to me that he voluntarily signed the foregoing document for the
purposes therein expressed and in the representative capacity so stated. I have received satisfactory
evidence of the person's identity in the form of FtrsonR! f GAnowl l<dtt
7st
Witness my hand and official seal,this the [1 day of J avv , 2018.
Olicial Signature of Notary
Printed Name: jL.A•tV to N1 1IVICKPiitit*Notary Public
My Commission Expires: 2' ZG • 1I
a,oti Meurrp,,
cra
[AFFIX NOTARIAL STAMP-SEAL] ��``ck M0,F4,y
NOTAI,��. �St
3 MY
E. COMMISSION EXPIRES
Z • u
'�i�-1+t AV BL4G +0/
''4n,,COUN' aN`���
sinemennnano
1I

GRANTOR:
By: c.
Prin ame: .] v\l ea K,r1C a4+"t�14 Sr.
Title: vvt p ya�, c .r—
STATE OF NORTH CAROLINA
COUNTY OF 1--Itto 4
i, C l iri s/1 ala yi , the undersigned Notary Public of the County and State
aforesaid,ce?tity that jeo,sjefirj,j personally appeared before me this day,
acknowledging to me that he/she voluntarily signed and executed the foregoing document. I have
received satisfactory evidence of the person's identity in the form of Divey-
Witness my hand and Notarial stamp or seal, this 1 Q day of , 201 ?
Offi I Signature of Notary d
Printed Name: y ,Notary Public
My Commission Expires:b idt,I014/
��y41141III jlr��
[AFFIX NOTARIAL STAMP-SEAL] ,�`.\\�N\P K. 9�'i,
Notary Public 92
Haywood County
=My Commission Expires
01/26/2019
/i��rrrnlltlltt���
12

Parcel Boundaries
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1 WE Kirk Farms North LLC
r if PIN 8731-33-5998
� ` ;�-• Rush Fork Road
. Crabtree.NC 28721
1 .
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ire, �yM, ,• µ1`tw r , ►. f
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' , .. • ` wL ;k' , Note:This map may not be a certified survey and has not been
6, '� ,.i '! ,,. • reviewed by a local government agency for compliance with any
kR:r, + ..:•:a_ l;' - applicable land development regulations and has not been
French Broad 06010106 P. • 1 ., •F t.- • reviewed for compliance with recording requirments for plats.
Michael Baker 0 500 1,000 2,000 Exhibit D1
L Feet Landowner(s):
INTERNATIONAL WE Kirk Farms North LLC

OPTION TO PURCHASE CONSERVATION EASEMENT
THIS OPTION TO PURCHASE CONSERVATION EASEMENT(the"Option")is made and
entered into this 266 day of October, 2017 (the "Effective Date"), by and among
Anne Palmer Family Properties, LP (the"Grantor"),and MICHAEL BAKER ENGINEERING,INC.,
a corporation organized in the State of New York with offices at 797 Haywood Rd., Suite 201, Asheville,
North Carolina 28806("Baker").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain real property located in Haywood County, North
Carolina,containing 235.3 acres (PIN 8721-72-6837), more or less, as more particularly described
on Exhibit A attached hereto and incorporated herein by reference,together with the improvements thereon
and all appurtenances thereto belonging and appertaining, and all creeks, streams, rights-of-way, roads,
streets and ways bounding said real property(collectively the"Property"); and
WHEREAS, Grantor has agreed to convey to Baker, an exclusive right and option to acquire a
conservation easement,as more particularly described on the attached Exhibit B(the"Easement"),over the
Property in accordance with the terms of this Option; and
WHEREAS, Baker is interested in acquiring the Easement in order to develop and construct a full
delivery wetland, stream, and/or buffer restoration project over the lands covered by the Easement (the
"Work") in conjunction with requests for proposals issued under the Division of Mitigation Services
(formerly the Ecosystem Enhancement Program and Wetlands Restoration Program) within the North
Carolina Department of Environmental Quality ("DEQ") and Baker has agreed to undertake such Work
with respect to the Easement in accordance with the scope of work set forth in Exhibit C, attached hereto;
and
WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Baker hereby notifies Grantor that: (i) Baker believes the fair market value of the
Easement is the Purchase Price, pursuant to Paragraph 4(a), together with the value of the environmental
improvements to be made to the Easement by Baker in performing the Work on the Easement; and (ii)
Baker does not possess the power of eminent domain;
NOW THEREFORE, in consideration of the sum of
(the "Signing Date Option Deposit") and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Grant of Option. Grantor hereby grants unto Baker,its successors and assigns,which shall
be limited to a third-party designated by Baker qualified to be the grantee of a conservation easement under
N.C.G.S. §121-35(2), the exclusive right and option to purchase the Easement in accordance with and
subject to the terms and conditions set forth in this Option.
2. Term. The term of this Option shall commence on the Effective Date and shall expire
THIRTY-SIX(36)months after the Effective Date(the"Term"),unless extended by the parties, in writing.
A Memorandum of Option to Purchase Easement in the form attached as Exhibit D shall be executed by
both parties simultaneously with this Option and recorded at Baker's sole discretion and expense in the
county where the Property is located to provide record notice of this Option. In no event shall this Option
be recorded or filed in the public records.
1

3. Exclusivity of Option. Grantor covenants and agrees that it will take no action to sell or
transfer the Easement during the Term, and that Grantor will not encumber the Property in a manner that
would impair the intended use of the Easement hereunder, it being intended and agreed that the Option is
exclusive to Baker and Baker's successors and assigns.
4. Exercise of Option. At any time prior to the expiration of the Term, Baker may exercise
this Option by giving Grantor no less than thirty(30)days prior written notice of the date Baker desires to
consummate the purchase of the Easement under this Option(the"Closing"). Closing shall take place at a
time and place reasonably acceptable to both parties. The terms of the purchase and sale of the Easement
at Closing shall be as follows:
a. Purchase Price. The
per acre (the
"Purchase Price")included in the Easement as determined by the Survey prepared pursuant
to Paragraph 4(b),below. The Option Deposit shall be credited towards the Purchase Price
at Closing.
b. Survey. Prior to Closing,Baker shall obtain,at Baker's expense,a survey prepared
by a registered land surveyor duly licensed in the State of North Carolina showing the
boundary of the Easement as well as all easements, rights-of-way, encroachments and
improvements located thereon, and the exact acreage of the Easement(the"Survey"), and
that Baker shall have consulted with Grantor and taken in to account Grantor's concerns as
to the exact delineation of boundaries of the Easement. Following consultation with
Grantor and the completion of the Survey, a new legal description of the Easement shall
be prepared from the Survey. The new legal description shall be substituted for the
description currently attached hereto as Exhibit B, and all references contained herein to
the"Easement"shall be deemed to refer to the new description prepared from the Survey.
c. Proration, Costs and Expenses of Closing. At Closing, ad valorem taxes for the
current year for the Easement area shall be prorated, and Grantor shall remain responsible
for all other ad valorem taxes applicable to the remainder of the Property subsequent to
Closing. At Closing, Grantor shall pay any outstanding ad valorem taxes for prior years
on Grantor's real or personal property, any late list penalties, revenue stamps or transfer
taxes applicable to the Easement, and any mortgages or liens with respect to the Property.
At Closing,Baker shall pay any costs related to the Survey,any title examination expenses,
title insurance premiums, recording costs for the deed conveying the Easement, costs of
recordation of any recorded plats showing the Easement,as well as any engineering or site
plan costs. Each party shall bear its own accounting and attorney fees.
d. Closing Documents and Title. At Closing, Grantor shall deliver (i) a deed
substantially in the form of the attached Exhibit E (the "Deed") conveying the Easement
to Baker or to a legally qualified non-profit organization or government agency as
contained in N.C.G.S. §121-35(2)designated by Baker,provided,that the final form of the
Deed shall be in form mutually acceptable to Baker and Grantor so long as such form is
consistent with the provisions of Article 4, The Conservation and Historic Preservation
Agreements Act as contained in N.C.G.S. §121-34 through 42. The Deed shall convey
good, marketable and insurable title to the Easement, free and clear from all mortgages,
liens, easements, covenants, restrictions and other encumbrances, except those previously
accepted by Baker in writing; (ii) lien affidavits warranting and holding harmless any title
insurance company insuring title to the Easement, from and against unpaid mechanics and
2

materialmen's liens; and (iv) any other documents and papers necessary or appropriate in
connection with the consummation of the transaction contemplated by this Option.
At Closing, Baker shall deliver(i) a Settlement Statement setting forth each party's costs,
expenses,prorations and other financial analysis of the purchase and sale of the Easement
as contemplated hereby; (ii) the Note as defined in item 4(e), below; and (iii) any other
documents necessary to consummate the transaction contemplated by the Option.
e. Payment. It is understood that funding for the purchase of the Easement shall be
provided by the State of North Carolina pursuant to the Division of Mitigation Services of
DEQ and that such funding is made subsequent to recording of the Easement and
subsequent to Closing. Therefore,at Closing, Baker shall deliver to Grantor a promissory
note in the amount of the Purchase Price, less the Option Deposit and closing costs,
mortgage pay-offs, expenses,and prorations applicable to Grantor,which promissory note
shall bear interest at Zero Percent(0%)per annum on the unpaid balance until paid or until
default and which promissory note shall be due and payable in full on the date ninety(90)
days after the Closing (the"Note"). At the time of Closing, Baker shall record the Deed
and any plat referenced in the Deed and deliver copies of the recorded documents to the
State Property Office for review and funding. The Note shall contain an express provision
that if the DEQ fails to fund the purchase of the Easement in the amount of the Purchase
Price thereby causing Baker to fail to pay the Note in full on or before the maturity date,
then Baker,as Grantor's sole remedy,shall be liable to Grantor for all reasonable costs and
expenses, including reasonable attorney fees, required to have the Easement removed and
the title to the Property returned to the condition it was prior to the imposition of the
Easement,at which point the Note,this Option,and all duties,responsibilities and liabilities
with respect thereto shall be null and void. Otherwise, Baker shall pay the Note in full
upon receipt of funding by the State of North Carolina.
f. Condition of Property; Intended Use. Prior to Closing, Grantor shall remove all
rubbish and trash,including any hazardous waste or harmful chemical substances,from the
Easement but shall otherwise keep the Property in the same condition as of the Effective
Date, reasonable wear and tear excepted. Grantor shall prevent and refrain from any use
of the Property for any purpose or in any manner that would diminish the value of the
Easement or adversely affect Baker's intended use of the land for the Easement, which use
is to provide the Division of Mitigation Services within DEQ with wetland,stream, and/or
buffer mitigation credits. Grantor acknowledges that Baker will enter into an agreement
with DEQ to provide these credits, and Grantor agrees not to undertake or permit any
activities on the Property that would diminish Baker's ability to obtain such credits. If any
adverse change occurs in the condition of the Easement prior to Closing, whether such
change is caused by Grantor or by forces beyond Grantor's reasonable control, Baker may
elect to(i) refuse to accept the Easement at Closing; (ii)accept the Property at Closing, or
a portion thereof with a corresponding adjustment of the Purchase Price; or(iii)terminate
this Option and the transaction itself and declare this Option null and void.
g. Warranty of Title. Grantor covenants, represents and warrants that, as of the
Effective Date and Closing: (i) Grantor is the sole owner(s) of the Property and is seized
of the Property in fee simple absolute; (ii) Grantor has the right and authority to convey
this Option and the Easement and Grantor will hold the grantee of the Easement harmless
from any failure in Grantor's right and authority to convey the Easement, including issues
of title; (iii) there is legal access to the Property and to the Easement; (iv) the Easement is
free from any and all encumbrances,except those accepted by Baker in writing;(v)Grantor
3

will defend title to the Easement against all lawful claims of other parties; (vi) that the
Property is free of any hazardous wastes.
5. Right of Entry and Inspections. Baker, and its agents and employees or other authorized
representatives, may enter upon the Property during the Term for the purpose of making surveys,
conducting soil,engineering,geological and other subsoil or environmental tests to determine the suitability
of the Property for the Easement. Baker shall repair or pay for any damage done to the Property caused
while such tests are being made. Baker shall advise Grantor at least twenty-four hours in advance of any
entry upon the Property for the purposes of surveying, testing or inspecting as set forth herein. Baker shall
be permitted during the Term to obtain land use permits or other approvals relating to any part of the
Easement, and Grantor agrees to execute such documents, petitions, and authorizations as may be
appropriate or required in order to obtain such land use permits and approvals. Grantor shall join with
Baker in applications and any non judicial or non-administrative proceedings to obtain such approvals if
necessary.After Closing,Baker reserves the right to perform periodic inspections of the Easement to ensure
compliance with easement restrictions contained in the Deed. If Baker does not duly exercise this Option
and purchase the Easement,Baker shall return the Property to the condition in which it existed prior to any
investigations undertaken by Baker, its agents, employees or contractors pursuant to this Option.
6. Permanent Access and Construction Easements. In connection with this Option and
delivery of the Easement, Grantor shall also:
(a) convey and grant to Baker, its successors,assigns,contractors and agents, a non-
exclusive temporary construction easement, the location of which shall be determined in
the sole discretion of Grantor, for ingress, egress and regress on,over and upon Grantor's
Property, sufficient to allow Baker, its agents and contractors to construct and restore the
Easement area to stream and/or wetland conditions required by DEQ, said temporary
construction easement to include sufficient access to allow heavy equipment to access the
Property and the Easement,as necessary; and
(b) convey and grant to Baker, its successors and assigns, a non-exclusive permanent
easement for ingress and egress to the Easement,the location of which shall be determined
in the sole discretion of Grantor, in order that Baker, its successors and assigns, may have
a permanent means of adequately accessing the area covered by the Easement. The
permanent access easement referred to herein shall be set forth in an accurate survey, the
legal description of which shall be included in a recorded permanent access easement
which shall run with the land.
7. Indemnification. Baker agrees to indemnify and save harmless Grantor from and against
any loss, claim, damage, cost or expense (including reasonable attorney's fees) suffered or incurred by
Grantor by reason of any injury to person or damage to property on or about the Property to the extent
caused by Baker, its officers, employees, agents, invitees, contractors, or subcontractors entering or
conducting work upon the Property,except for any loss,claim,damage,cost or expense suffered or incurred
as a result of the negligence or intentional misconduct of Grantor or Grantor's employees, agents or
invitees.
8. Notices. Unless otherwise set forth, any notice or other communication required or
permitted hereunder shall be in writing and (a) delivered by overnight courier; (b) sent by facsimile
transmission, or (c) mailed by Registered or Certified Mail, postage prepaid, addressed as follows (or to
such other address for a party as shall be specified by like notice; provided that notice of change of address
shall be effective only upon receipt thereof);
4

If to Baker: Jake Byers
Michael Baker Engineering
797 Haywood Rd. Suite 201
Asheville, NC 28806
If to the Grantor: Anne Palmer Family Properties, LP
6624 Yacht Club Road
Flowery Branch, GA 30542
9. Miscellaneous.
a. This Option, together with the exhibits attached hereto which are incorporated
herein by reference, contains the entire understanding of the parties hereto with respect to
the subject matter contained herein. No amendment, modification, or discharge of this
Option, and no waiver hereunder, shall be valid or binding unless set forth in writing and
duly executed by the parties hereto.
b. Any provision of this Option that shall be found to be contrary to applicable law
or otherwise unenforceable shall not affect the remaining terms of this Option,which shall
be construed as if the unenforceable provision or clause were absent from this Option.
c. This Option shall be binding upon and inure to the benefit of the parties and their
respective heirs,personal representatives, successors, and assigns.
d. This Option shall be governed by and construed in accordance with the laws of the
State of North Carolina without application of its conflicts of laws provisions.
e. No act or failure to act by either party shall be deemed a waiver of its rights
hereunder,and no waiver in any one circumstance or of any one provision shall be deemed
a waiver in other circumstances or of other provisions.
f. Grantor agrees to not mow or otherwise damage vegetation within Easement area
after Baker plants or replants the same. If Grantor or Grantor's agents or invitees damage
vegetation within the Easement,Grantor will replace the lost or damaged vegetation at their
expense.
g. Baker shall ensure that access to portions of the Grantor's property shall not be
impeded by the proposed.
j. This Option shall not be assignable by Baker, except to another entity acquiring at
least fifty-one percent(51%)interest in Baker or Baker's business or to an entity qualified
to be the grantee of a conservation easement under N.C.G.S § 121-35
5

IN WITNESS WHEREOF,the parties have duly executed this Option as of the date first above written.
GRANTOR:
By:
Print Name: Anne Palmer Family Properties, LP;
Anne P Collier,
Title: General Partner
MICHAEL BAKER ENGINEERING,INC.:
By:
Print Name: Dwain Hathaway
Title: Vice President/NC Office Executive
6

IN WITNESS WHEREOF,the parties have duly executed this Option as of the date first above written.
GRANTOR:
By:
Print Name: Anne Palmer Family Properties,LP;
Anne P ColIier.
Title: General Partner
MICHAE KER ENGI NG,INC.:
By:
Print Name: Dwain Hathaway
Title: Vice President!NC Office Executive
6

III III IIIIIIII1IIIIIIIIIIIIIII
2018000151
HAYWOOD CO, NC FEE$26.00
PRESENTED RECORDED
01-08-2018 09:06:32 AM
SHERRI C.ROGERS
REGISTER OF DEEDS
BY'TANAE REINHOLD
DEPUTY
BK: RB 943
PG: 2338-2341
Prepared by and Return:
Jake Byers
Michael Baker Engineering, Inc.
797 Haywood Rd, Suite 201
Asheville,NC 28806
MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT
THIS MEMORANDUM FOR OPTION TO PURCHASE CONSERVATION EASEMENT
("Memorandum") is made and entered into this 26ih day of October, 2017, by and between
Anne Palmer Family Properties, LP, private landowner ("Grantor") and MICHAEL BAKER
ENGINEERING, INC., a corporation organized in the state of New York with offices at 797 Haywood
Rd., Suite 201, Asheville, NC 28806("Baker").
WHEREAS, Grantor and Baker have entered into a certain Option to Purchase Conservation
Easement (the "Option') dated October 26, 2017, pursuant to which Grantor granted to Baker, its
successors and assigns, an option to purchase a conservation easement (the"Easement") over certain real
property located in Haywood County,North Carolina,which property is more particularly described on the
attached Exhibit D1 (the"Property")and
WHEREAS,The parties enter into this Memorandum for the purpose of setting forth certain terms
and conditions of the Option and to provide constructive notice of the Option;
NOW,THEREFORE, in consideration of the foregoing, the parties hereby agree as follows.
I. The term of the Option commenced on October 26,2017 and shall expire
on October 26, 2020.
2. All of the provisions set forth in the Option arc incorporated in this Memorandum by
reference.
3. The Option shall be binding upon and inure to the benefit of the parties and their respective
heirs,successors and assigns.
[SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES]
10

IN WITNESS WHEREOF,the parties have duly executed this Memorandum as of the date first
above written.
GRANTEE:
By:
Print Name: Dwain Hathaway
Title: Vice President&NC Office Executive
STATE OF N G
COUNTY OF mo.14 G
I, (LtA1k.er4 Wt INActec alum , a Notary Public of the County and State aforesaid,do hereby
certify that I:3w"; h 4},0,tti,aw•�y personally came before me this day and acknowledged
Corecthat he/she is Vitt Prfue ' ha
4�.�1'�NC�'�of M ichael Baker Engineering,Inc. a North Carolina professional
corporation,and that he acknowledged to me that he voluntarily signed the foregoing document for the
purposes therein expressed and in the representative capacity so stated. I have received satisfactory
evidence of the person's identity in the form of 611)(05 (tccjA92-
aquliul�'rr�
+ �, M Mess my hand and official seal, this the 1.S day of b ' ,X1-1
xY kr? I Official Signature of Notary
COMMISSION EXPIRES
Printed Name: kiiltter, IV% MCIteingrNotary Public
Itekb6/n Expires: 2' ' Vel
NH
[AFFIX NOTARIAL STAMP-SEAL]
ll

GRANTOR: 4 /
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By: 61ma. v4it �� L �GCk___
Print Name: Anne Palmer Family Properties, LP;
Anne P Collier,
Title: General Partner
STATE OF NORTH CAROLINA
COUNTY OF -4 gtiwocc)
I, V i Cam; T. 5 rn"r}-‘"N ,the undersigned Notary Public of the County and State
aforesaid, certify that Ac Va\mg.r C pl\i e y' personally appeared before me this day,
acknowledging to me that he/she voluntarily signed and executed the foregoing document. I have
received satisfactory evidence of the person's identity in the form of GAUDL
abi-)
Witness my hand and Notarial stamp or seal,this a t iay of D Lk,bte - -f'
Vim:
Official Signature of Notary
Printed Name: Y ' Gk; I S rn;j-� ,Notary Public
My Commission Expires:`I to v a.I
[AFFIX NOTARIAL SUIVIP SEAL]
� 1
,epTAR),
Cs
12

_ , THIS MAP MAY NOT BE A CERTIFIED SURVEY AND • 1
Parcel Boundaries > HAS NOT BEEN REVIEWED BY A LOCAL
- - GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY i
APPLICABLE LAND DEVELOPMENT REGULATIONS
AND HAS NOT BEEN REVIEWED FOR COMPLIANCE , A,,,
k - _ - • WITH RECORDING REQUIREMENTS FOR PLATS.
11
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Properties L-P .
PIN 8721-72-6837 4 .
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Exhibit D1
Michael Baker 0 250 goo 1,000
Landowner(s):
INTERNATIONAL Anne Palmer Family Properties L.P.

Sr�jYc�7T{)xr' FisJdsn ulurr.
-_: _ United States Department of the Interior ``"�
FISH AND WILDLIFE SERVICE
%$ Asheville Ecological Services Field Office .
4'1.r'"3 ' 160 Zillicoa Street
Asheville,NC 28801-1082
Phone:[phone] Fax:[phone]
http://wwwfws.govinc-es/es/countyfr.html
In Reply Refer To: May 21, 2018
Consultation Code: 04EN1000-2018-SLI-0426
Event Code: 04EN1000-2018-E-01237
Project Name: UT to Rush Fork Stream Mitigation Project
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and fmal designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project.Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service)Asheville Field Office's (AFO)website: https://www.fws.gov/raleigh/species/
cntylist/nccounties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future.Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmls/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmls/project reviewNLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

05/21/2018 Event Code: 04EN1000-2018-E-01237 2
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information.An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project_review/assessment_guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation(see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://

05/21/2018 Event Code: 04EN1000-2018-E-01237 3
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

05/21/2018 Event Code: 04EN1000-2018-E-01237 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville,NC 28801-1082
[phone]

05/21/2018 Event Code: 04EN1000-2018-E-01237 2
Project Summary
Consultation Code: 04EN1000-2018-SLI-0426
Event Code: 04EN1000-2018-E-01237
Project Name: UT to Rush Fork Stream Mitigation Project
Project Type: STREAM/WATERBODY/ CANALS/LEVEES/DIKES
Project Description: The UT to Rush Fork Stream Mitigation project is proposing to restore
and enhance approximately 5,300 linear feet(LF)jurisdictional stream
within the Pigeon River Basin for the purpose of obtaining stream
mitigation credit for the NC Division of Mitigation Services (DMS).
Project reaches have been significantly impacted by unrestricted livestock
access and removal of riparian buffers. Stream banks consist of heavily
grazed pasture grass with some small scattered trees, mixed with pockets
of invasive species (mostly in non-grazed areas). Project reaches are
unstable, incised and exhibit active bank erosion from both high flows
and livestock access. Project reaches are unstable, incised and exhibit
active bank erosion from both high flows and livestock access. Livestock
will be permanently excluded from all project areas. Buffers in excess of
30 feet will be established along all proposed reaches. In addition,
existing functional wetlands will be incorporated inside the conservation
easement to protect them in perpetuity.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.64671696194294N82.93734090693435W
Counties: Haywood,NC

05/21/2018 Event Code: 04EN1000-2018-E-01237 3
Endangered Species Act Species
There is a total of 9 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Depaitiuent of
Commerce.
Mammals
NAM STATUS
Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/2657
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/6329
Indiana Bat Myotis sodalis Endangered
There is final critical habitat for this species.Your location is outside the critical habitat.
Species profile:https://ecos.fws.gov/ecp/species/5949
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/9045
Clams
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species.Your location is outside the critical habitat.
Species profile:https://ecos.fws.gov/ecp/species/5039

05/21/2018 Event Code: 04EN1000-2018-E-01237 4
Arachnids
NAME STATUS
Spruce-fir Moss Spider Microhexura montivaga Endangered
There is final critical habitat for this species.Your location is outside the critical habitat.
Species profile:https://ecos.fws.gov/ecp/species/4801
Flowering Plants
NAME STATUS
Small Whorled Pogonia Isotria medeoloides Threatened
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/1890
Spreading Avens Geum radiatum Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/6854
Lichens
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/3933
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

05/21/2018 Event Code: 04EN1000-2018-E-01237 1
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle
Protection Acts.
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.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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 BREEDING SEASON
Bobolink Dolichonyx oryzivorus Breeds May 20 to Jul 31
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

05/21/2018 Event Code: 04EN1000-2018-E-01237 2
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
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 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.
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.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
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.

05/21/2018 Event Code: 04EN1000-2018-E-01237 3
•probability of presence breeding season I survey effort —no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bobolink _' ....
---- ---- ---- ---- — ---- ---- ---- ---- —
BCC Rangewide(COIF
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/
management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I 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.
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.

05/21/2018 Event Code: 04EN1000-2018-E-01237 4
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 E-bird Explore Data 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 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

05/21/2018 Event Code: 04EN1000-2018-E-01237 5
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 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.

05/21/2018 Event Code: 04EN1000-2018-E-01237 1
Wetlands
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.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

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North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Governor Roy Cooper Secretary Susi H. Hamilton
NCNHDE-6091
May 22, 2018
Kristi Suggs
Michael Baker Engineering, Inc.
Ballantyne One - 15720 Brixham Hill Ave.
Charlotte, NC 28277
RE: UT to Rush Fork Stream Mitigation Project; 166680
Dear Kristi Suggs:
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
MAILING ADDRESS: Telephone: (919)7D7-8107 LOCATION:
1651 Mail Service Center www.ncnhp.org 121 West Jones Street
Raleigh, NC 27699-1651 Raleigh, NC 276D3

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
UT to Rush Fork Stream Mitigation Project
Project No. 166680
May 22, 2018
NCNHDE-6091
Element Occurrences Documented Within Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Natural 17387 Low Elevation Basic --- 1995-06-28 A? 3-Medium --- --- G2 S2
Community Glade (Montane Subtype)
Natural 7457 Montane Cliff(Mafic --- 1995-06-28 A? 3-Medium --- --- G3 S3
Community Subtype)
Natural 2892 Montane Oak--Hickory --- 2010 BC 3-Medium --- --- G3 S3
Community Forest (Basic Subtype)
Natural Areas Documented Within Project Area
Site Name Representational Rating Collective Rating
Raven Cliff R3 (High) C4 (Moderate)
Managed Areas Documented Within Project Area*
Managed Area Name Owner Owner Type
Southern Appalachian Highlands Conservancy Easement Southern Appalachian Highlands Conservancy Private
NC Agricultural Development and Farmland Preservation NC Department of Agriculture State
Trust Fund Easement
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve(DNP), Registered Natural
Heritage Area(RHA),or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on May 22,2018;source: NCNHP, Q2 April 2018. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
UT to Rush Fork Stream Mitigation Project
Project No. 166680
May 22, 2018
NCNHDE-6091
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Name El Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Natural 10854 High Elevation Rocky --- 1991-07-16 C? 3-Medium --- --- G2 S2
Community Summit (Typic Subtype)
Natural 17387 Low Elevation Basic --- 1995-06-28 A? 3-Medium --- --- G2 S2
Community Glade (Montane Subtype)
Natural 7457 Montane Cliff(Mafic --- 1995-06-28 A? 3-Medium --- --- G3 S3
Community Subtype)
Natural 2892 Montane Oak--Hickory --- 2010 BC 3-Medium --- --- G3 S3
Community Forest (Basic Subtype)
Vascular Plant 23933 Hackelia virginiana Virginia Stickseed 1968-Pre H 5-Very --- Significantly G5 S2
Low Rare Peripheral
Vascular Plant 23969 Orbexilum onobrychis Lanceleaf Scurfpea 1891-07-17 H 5-Very --- Special G5 SH
Low Concern
Historical
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Raven Cliff R3 (High) C4 (Moderate)
Crabtree Bald R5 (General) C5 (General)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
Southern Appalachian Highlands Conservancy Easement Southern Appalachian Highlands Conservancy Private
NC Agricultural Development and Farmland Preservation NC Department of Agriculture State
Trust Fund Easement
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on May 22,2018;source: NCNHP, Q2 April 2018. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

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Page 4 of 4

C
rhrFi,sJJ sn ulurr United States Department of the Interior %n - -_..-;1
``"pFISH AND WILDLIFE SERVICE
%$ Asheville Ecological Services Field Office 160 Zillicoa Street
Asheville,NC 28801-1082
Phone:[phone] Fax:[phone]
http://wwwfws.govinc-es/es/countyfr.html
IPaC Record Locator: 856-13335214 July 23, 2018
Subject: Consistency letter for the 'UT to Rush Fork Stream Mitigation Project' project(TAILS
04EN1000-2018-R-0426)under the revised February 5, 2018, FHWA, FRA, FTA
Programmatic Biological Opinion for Transportation Projects within the Range of the
Indiana Bat and Northern Long-eared Bat.
To whom it may concern:
The U.S. Fish and Wildlife Service (Service) has received your request dated to verify that the
UT to Rush Fork Stream Mitigation Project (Proposed Action) may rely on the revised
February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation
Projects within the Range of the Indiana Bat and Northern Long-eared Bat(PBO)to satisfy
requirements under Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat.884,
as amended; 16 U.S.C. 1531 etseq.).
Based on the information you provided (Project Description shown below), you have determined
that the Proposed Action will have no effect on the endangered Indiana bat(Myotis sodalis) or
the threatened Northern long-eared bat(Myotis septentrionalis). If the Proposed Action is not
modified, no consultation is required for these two species.
For Proposed Actions that include bridge/structure removal, replacement, and/or
maintenance activities: If your initial bridge/structure assessments failed to detect Indiana bats,
but you later detect bats during construction, please submit the Post Assessment Discovery of
Bats at Bridge/Structure Form(User Guide Appendix E) to this Service Office. In these
instances, potential incidental take of Indiana bats may be exempted provided that the take is
reported to the Service.
If the Proposed Action may affect any other federally-listed or proposed species and/or
designated critical habitat, additional consultation between the lead Federal action agency and
this Service Office is required. If the proposed action has the potential to take bald or golden
eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act
may also be required. In either of these circumstances, please advise the lead Federal action
agency for the Proposed Action accordingly.

07/23/2018 IPaC Record Locator: 856-13335214 2
The following species may occur in your project area and are not covered by this determination:
• Appalachian Elktoe,Alasmidonta raveneliana (Endangered)
• Carolina Northern Flying Squirrel, Glaucomys sabrinus coloratus (Endangered)
• Gray Bat, Myotis grisescens (Endangered)
• Rock Gnome Lichen, Gymnoderma lineare (Endangered)
• Small Whorled Pogonia,Isotria medeoloides (Threatened)
• Spreading Avens, Geum radiatum (Endangered)
• Spruce-fir Moss Spider, Microhexura montivaga (Endangered)

07/23/2018 IPaC Record Locator: 856-13335214 3
Project Description
The following project name and description was collected in IPaC as part of the endangered
species review process.
Name
UT to Rush Fork Stream Mitigation Project
Description
The UT to Rush Fork Stream Mitigation project is proposing to restore and enhance
approximately 5,300 linear feet(LF)jurisdictional stream within the Pigeon River Basin for
the purpose of obtaining stream mitigation credit for the NC Division of Mitigation Services
(DMS). Project reaches have been significantly impacted by unrestricted livestock access and
removal of riparian buffers. Stream banks consist of heavily grazed pasture grass with some
small scattered trees, mixed with pockets of invasive species (mostly in non-grazed areas).
Project reaches are unstable, incised and exhibit active bank erosion from both high flows
and livestock access. Project reaches are unstable, incised and exhibit active bank erosion
from both high flows and livestock access. Livestock will be permanently excluded from all
project areas. Buffers in excess of 30 feet will be established along all proposed reaches. In
addition, existing functional wetlands will be incorporated inside the conservation easement
to protect them in perpetuity.

07/23/2018 IPaC Record Locator: 856-13335214 4
Determination Key Result
Based on the information you provided, you have determined that the Proposed Action will have
no effect on the endangered Indiana bat and/or the threatened Northern long-eared bat. Therefore,
no consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the
Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is
required for these two species.
Qualification Interview
1. Is the project within the range of the Indiana bat[1]?
[1] See Indiana bat species profile
Automatically answered
Yes
2. Is the project within the range of the Northern long-eared bat[1]?
[1] See Northern long-eared bat species profile
Automatically answered
Yes
3. Which Federal Agency is the lead for the action?
A)Federal Highway Administration (FHWA)
4. Are all project activities limited to non-construction[1] activities only? (examples of non-
construction activities include: bridge/abandoned structure assessments, surveys, planning
and technical studies, property inspections, and property sales)
[1] Construction refers to activities involving ground disturbance,percussive noise,and/or lighting.
No
5. Does the project include any activities that are greater than 300 feet from existing road/
rail surfaces[1]?
[1]Road surface is defined as the actively used[e.g.motorized vehicles]driving surface and shoulders[may be
pavement,gravel,etc.]and rail surface is defined as the edge of the actively used rail ballast.
Yes

07/23/2018 IPaC Record Locator: 856-13335214 5
6. Are all project activities greater than 300 feet from existing road/rail surfaces[1]?
[1]Road surface is defined as the actively used[e.g.motorized vehicles]driving surface and shoulders [may be
pavement,gravel,etc.]and rail surface is defined as the edge of the actively used rail ballast.
No
7. Does the project include any activities within 0.5 miles of an Indiana bat and/or NLEB
hibernaculum[1]?
[1]For the purpose of this consultation,a hibernaculum is a site,most often a cave or mine,where bats hibernate
during the winter(see suitable habitat),but could also include bridges and structures if bats are found to be
hibernating there during the winter.
No
8. Is the project located within a karst area?
No
9. Is there any suitable[1] summer habitat for Indiana Bat or NLEB within the project action
area[2]? (includes any trees suitable for maternity, roosting, foraging, or travelling habitat)
[1] See the Service's summer survey guidance for our current definitions of suitable habitat.
[2]The action area is defined as all areas to be affected directly or indirectly by the Federal action and not merely
the immediate area involved in the action(50 CFR Section 402.02).Further clarification is provided by the
national consultation FAQs.
No
10. Does the project include maintenance of the surrounding landscape at existing facilities
(e.g., rest areas, stormwater detention basins)?
No
11. Does the project include wetland or stream protection activities associated with
compensatory wetland mitigation?
Yes
12. Does the project include slash pile burning?
No
13. Does the project include any bridge removal, replacement, and/or maintenance activities
(e.g., any bridge repair, retrofit, maintenance, and/or rehabilitation work)?
No

07/23/2018 IPaC Record Locator: 856-13335214 6
14. Does the project include the removal, replacement, and/or maintenance of any structure
other than a bridge? (e.g., rest areas, offices, sheds, outbuildings, barns, parking garages,
etc.)
No
15. Will the project involve the use of temporary lighting during the active season?
No
16. Will the project install new or replace existing permanent lighting?
No
17. Will the project raise the road profile above the tree canopy?
No
18. Is the location of this project consistent with a No Effect determination in this key?
Automatically answered
Yes, because the project action area is outside of suitable Indiana bat and/or NLEB
summer habitat

07/23/2018 IPaC Record Locator: 856-13335214
Determination Key Description: FHWA, FRA, FTA
Programmatic Consultation For Transportation Projects
Affecting NLEB Or Indiana Bat
This key was last updated in IPaC on March 16, 2018. Keys are subject to periodic revision.
This decision key is intended for projects/activities funded or authorized by the Federal Highway
Administration (FHWA), Federal Railroad Administration (FRA), and/or Federal Transit
Administration (FTA), which require consultation with the U.S. Fish and Wildlife Service
(Service) under Section 7 of the Endangered Species Act(ESA) for the endangered Indiana bat
(Myotis sodalis) and the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis).
This decision key should only be used to verify project applicability with the Service's February
5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects. The
programmatic biological opinion covers limited transportation activities that may affect either bat
species, and addresses situations that are both likely and not likely to adversely affect either bat
species. This decision key will assist in identifying the effect of a specific project/activity and
applicability of the programmatic consultation. The programmatic biological opinion is not
intended to cover all types of transportation actions.Activities outside the scope of the
programmatic biological opinion, or that may affect ESA-listed species other than the Indiana bat
or NLEB, or any designated critical habitat, may require additional ESA Section 7 consultation.

Michael Baker We Make a Difference
ference
INTERNATIONAL
June 5,2018
Milton Cortes,Assistant State Soil Scientist
USDA Natural Resources Conservation Service
4407 Bland Rd., Suite 117
Raleigh,NC 27609
RE: Prime and Important Farmland Soils
NCDMS,UT to Rush Fork Stream Mitigation Project
Haywood County,NC
Dear Mr. Cortes:
Michael Baker Engineering, Inc. (Baker) is contracted by the North Carolina Division of Mitigation
Services(NCDMS)to conduct stream restoration/enhancement activities for the above-referenced project.
The project area is located in the Crabtree Community in Haywood County,North Carolina approximately
3 miles south of the Township of Fines Creek. The project is located on the United States Geological
Survey's(USGS)Fines Creek Topographic Quadrangle. The center of the project area is located at 35.6446
N and-82.9402 W. The project site flows southwesterly and is bisected by Rush Fork Road approximately
1.8 miles north of its intersection with Silvers Coves Road. Please see the enclosed USGS Topographic
Map for a depiction of the project site location.
The UT to Rush Fork site was identified to provide compensatory mitigation for unavoidable stream
impacts. The existing stream reaches have been significantly impacted by unrestricted livestock access and
the removal of riparian buffers. Most of the project reaches have cleared banks with a mix of small scattered
trees and stands of invasive species located at the top of bank in non-grazed areas. Currently, the project
reaches are unstable,incised,and exhibit active bank erosion from both high flows and livestock access.
Baker conducted a review of the project area using the US Depailinent of Agriculture Natural Resources
Conservation Service's (USDA NRCS) Web Soil Survey. The following Farmland Classification Report
and Map outlines the soils that are present within the proposed conservation easement. Based on the data
determined from this review,there are a total of 7.0 acres of Prime Farmland within the project area.
Please feel free to contact me if you have any questions regarding this project or need any additional
information. I can be reached at(704) 579-4828 or via my email address at [e-mail].
Sincerely,
Kristi Suggs
Enclosures: USGS Topographic Map
NRCS Farmland Classification Report&Map
FFPA Form AD-1006
Cc: File
M BAKER INTL.CO M Michael Baker Engineering,Inc.
Ballantyne One,15720 Brixham Hill Avenue
Suite 300,Room 318
Charlotte,NC 282771 Office:704.665.2200

Farmland Classification—Haywood County Area, North Carolina
(UT to Rush Fork Stream Mitigation Project) to
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Map projection:Web Mercator Comerworrdinates:WGS84 Edge tics:UTM Zane 17N WGS84
uson Natural Resources Web Soil Survey 6/5/2018
001.1 Conservation Service National Cooperative Soil Survey Page 1 of 4

Farmland Classification—Haywood County Area, North Carolina
(UT to Rush Fork Stream Mitigation Project)
MAP LEGEND
Area of Interest(AOI) 0 Prime farmland if r . Prime farmland if ,..w Prime farmland if irrigated . Prime farmland if
0 Area of Interest(AO1) subsoiled,completely protected from flooding or and reclaimed of excess irrigated and drained
removing the root not frequently flooded salts and sodium . Prime farmland if
Soils inhibiting soil layer during the growing Farmland of statewide irrigated and either
Soil Rating Polygons M Prime farmland if irrigated season importance protected from flooding
and the product of I(soil N . Prime farmland if irrigated Farmland of local or not frequently flooded
0 Not prime farmland
erodibility)x C(climate during the growing
factor)does not exceed .�_r Prime farmland if drained importance
0 All areas are prime Farmland of uni ue season
Y q
60 and either protected from r
farmland flooding or not frequently importance 0 Prime farmland if
Prime farmland if drained Prime farmland if irrigated flooded duringthe subsoiled,completely
0 and reclaimed of excess r Not rated or not available removing the root
0 Prime farmland if salts and sodium growing season
protected from flooding or 0 Farmland of statewide .. Prime farmland if irrigated Soil Rating Points
inhibiting soil layer
and drained Not prime farmland Prime farmland if
not frequently flooded importance irrigated and the product
during the growing Farmland of local +'✓ Prime farmland if irrigated ■ All areas are prime of I(soil erodibility)x C
season and either protected from (climate factor)does not
importance farmland
Prime farmland if irrigated flooding or not frequently exceed 60
0 Farmland of unique flooded during the • Prime farmland if drained
0 Prime farmland if drained importance growing season . Prime farmland if
� Prime farmland if irrigated and reclaimed
and either protected from 0 Not rated or not available r Prime farmland if protected from flooding or of excess salts and
flooding or not frequently subsoiled,completely sodium
flooded during the Soil Rating Lines removing the root not frequently flooded
growing season ,.y Not prime farmland inhibiting soil layer seasg the growing Farmlan of statewide
season importance
- Prime farmland if irrigated ,.y Prime farmland if irrigated
and drained rV All areas are prime 0 Prime farmland if irrigated Farmland of local
farmland and the product of I(soil importance
0 Prime farmland if irrigated erodibility)x C(climate 0 Prime farmland if drained
and either protected from 0.6.0 Prime farmland if drained factor)does not exceed and either protected from . Farmland of unique
flooding or not frequently 60 flooding or not frequently importance
flooded during the flooded during the 0 Not rated or not
growing season growing season available
Water Features
USDA Natural Resources Web Soil Survey 6/5/2018
Conservation Service National Cooperative Soil Survey Page 2 of 4

Farmland Classification—Haywood County Area, North Carolina
(UT to Rush Fork Stream Mitigation Project)
MAP INFORMATION
Streams and Canals The soil surveys that comprise your AOI were mapped at
1:12,000.
Transportation
-.-f Rails Warning:Soil Map may not be valid at this scale.
owl Interstate Highways Enlargement of maps beyond the scale of mapping can cause
US Routes misunderstanding of the detail of mapping and accuracy of soil
line placement.The maps do not show the small areas of
Major Roads contrasting soils that could have been shown at a more detailed
• Local Roads scale.
Background Please rely on the bar scale on each map sheet for map
Aerial Photography measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator(EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection,which preserves direction and shape but distorts
distance and area.A projection that preserves area,such as the
Albers equal-area conic projection,should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s)listed below.
Soil Survey Area: Haywood County Area, North Carolina
Survey Area Data: Version 16, Oct 3,2017
Soil map units are labeled(as space allows)for map scales
1:50,000 or larger.
Date(s)aerial images were photographed: Nov 23,2011—Nov
28,2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps.As a result,some minor
shifting of map unit boundaries may be evident.
uson Natural Resources Web Soil Survey 6/5/2018
140 Conservation Service National Cooperative Soil Survey Page 3 of 4

Farmland Classification—Haywood County Area, North Carolina UT to Rush Fork Stream Mitigation
Project
Farmland Classification
Map unit symbol Map unit name Rating Acres in AOI Percent of AOI
EdF Edneyville-Chestnut Not prime farmland 0.0 0.0%
complex,50 to 95
percent slopes,stony
SdC Saunook loam,8 to 15 Farmland of statewide 6.0 85.1%
percent slopes,stony importance
SdD Saunook loam, 15 to 30 Farmland of local 1.0 14.9%
percent slopes,stony importance
Totals for Area of Interest 7.0 100.0%
Description
Farmland classification identifies map units as prime farmland, farmland of
statewide importance, farmland of local importance, or unique farmland. It
identifies the location and extent of the soils that are best suited to food, feed,
fiber, forage, and oilseed crops. NRCS policy and procedures on prime and
unique farmlands are published in the "Federal Register," Vol. 43, No. 21,
January 31, 1978.
Rating Options
Aggregation Method: No Aggregation Necessary
Tie-break Rule: Lower
USDA Natural Resources Web Soil Survey 6/5/2018
Conservation Service National Cooperative Soil Survey Page 4 of 4

U.S. Department of Agriculture
FARMLAND CONVERSION IMPACT RATING
PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 6/5/2018
Name of Project UT to Rush Fork Stream Mitigation Projec Federal Agency Involved FHWA
Proposed Land Use Stream Mitigation County and State Haywood CO, NC
PART II (To be completed by NRCS) Date Request Received By Pe,on CompletingCompletingMilton NC NRCS
Does the site contain Prime, Unique,Statewide or Local Important Farmland? YES NO Acres Irrigated Average Farm Size
(If no,the FPPA does not apply-do not complete additional parts of this form) n n none 82 acres
Major Crop(s) Farmable Land In Govt.Jurisdiction Amount of Farmland As Defined in FPPA
CORN Acres: 41.3% % 89,523 acres Acres: 28.1%pro 74,865 acres
Name of Land Evaluation System Used Name of State or Local Site Assessment System Date Land Evaluation Returned by NRCS
Haywood Co. NC LESA N/A June 28, 2018 by eMail
PART III (To be completed by Federal Agency) Alternative Site Rating
Site A Site B Site C Site D
A.Total Acres To Be Converted Directly 7.0
B.Total Acres To Be Converted Indirectly 0
C.Total Acres In Site 7.0
PART IV(To be completed by NRCS) Land Evaluation Information
A.Total Acres Prime And Unique Farmland 0
B.Total Acres Statewide Important or Local Important Farmland 7
C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted 0.0094
D. Percentage Of Farmland in Govt.Jurisdiction With Same Or Higher Relative Value 6.3%
PART V(To be completed by NRCS) Land Evaluation Criterion 83
Relative Value of Farmland To Be Converted(Scale of 0 to 100 Points)
PART VI (To be completed by Federal Agency) Site Assessment Criteria Maximum Site A Site B Site C Site D
(Criteria are explained in 7 CFR 658.5 b.For Corridor project use form NRCS-CPA-106) Points
1. Area In Non-urban Use (15) 15
2. Perimeter In Non-urban Use (10) 10
3. Percent Of Site Being Farmed (20) 20
4. Protection Provided By State and Local Government (20) 20
5. Distance From Urban Built-up Area (15) 15
6. Distance To Urban Support Services (15) 15
7. Size Of Present Farm Unit Compared To Average (10) 5
8. Creation Of Non-farmable Farmland (10) 0
9. Availability Of Farm Support Services (5) 4
10.On-Farm Investments (20) 10
11. Effects Of Conversion On Farm Support Services (10) 0
12.Compatibility With Existing Agricultural Use (10) 0
TOTAL SITE ASSESSMENT POINTS 160 114 0 0 0
PART VII (To be completed by Federal Agency)
Relative Value Of Farmland (From Part V) 100 83 0 0 0
Total Site Assessment(From Part VI above or local site assessment) 160 114 0 0 0
TOTAL POINTS(Total of above 2 lines) 260 197 0 0 0
Was A Local Site Assessment Used?
Site Selected:A Date Of Selection 7/16/2018 YESr1 NO n
Reason For Selection:
Name of Federal agency representative completing this form: FHWA Date:7/16/2018
(See Instructions on reverse side) Form AD-1006(03-02)

Michael Baker We Make a Difference
ference
INTERNATIONAL
June 5,2018
NC Wildlife Resource Commission
Attn: Andrea Leslie,Mountain Habitat Conservation Coordinator
645 Fish Hatchery Rd.,Building B
Marion,NC 28752
Email: andrea.leslie@,ncwildlife.org
RE: Categorical Exclusion Project Review Request
UT to Rush Fork Stream Mitigation Project,Haywood County,NC
NCDEQ DMS Full-Delivery Project ID#100068
French Broad River Basin(06010106)
Dear Ms. Leslie:
Michael Baker Engineering,Inc.(Baker) respectfully requests review and comment from the NC Wildlife
Resource Commission (WRC) on any possible concerns they may have with regards to the
implementation of the UT to Rush Fork Stream Mitigation Project. Please note that this request is in support
of the development of the Categorical Exclusion(CE)for the referenced project.
The project area is located in the Crabtree Community in Haywood County,North Carolina approximately
3 miles south of the Township of Fines Creek. The project is located on the United States Geological
Survey's(USGS)Fines Creek Topographic Quadrangle. The center of the project area is located at 35.6446
N and-82.9402 W. The project site flows southwesterly and is bisected by Rush Fork Road approximately
1.8 miles north of its intersection with Silvers Coves Road.
The UT to Rush Fork site was identified to provide compensatory mitigation for unavoidable stream
impacts. The existing stream reaches have been significantly impacted by unrestricted livestock access and
the removal of riparian buffers. Most of the project reaches have cleared banks with a mix of small scattered
trees and stands of invasive species located at the top of bank in non-grazed areas. Currently, the project
reaches are unstable,incised,and exhibit active bank erosion from both high flows and livestock access.
The project will involve the restoration and enhancement of approximately 5,300 LF of existing stream.
A Best Management Practice (BMP)will also be implemented at the head of one of the tributaries to treat
nutrient and sediment laden run-off from the surrounding pasture area. Degraded riparian wetlands will
be restored and/or enhanced with the implementation of Priority Level 1 restoration, livestock exclusion,
and native riparian buffer plantings. At this time, no wetland credit is being sought for the project. A
conservation easement will be implemented along all project reaches in an excess of 30 feet from the top
of bank and will incorporate existing functional wetlands. The conservation easement will protect the
entire project area in perpetuity. Livestock will be excluded from the conservation easement with
permanent fencing.
Data Review and Analysis
Michael Baker Engineering, Inc. (Baker) conducted an on-line review of the project area with the use of
the United States Fish and Wildlife Service (USFWS)IPAC website(https://ecos.fws.gov/ipac/),on May
Michael Baker Engineering,Inc.
M B A K E R I T L.C D M Ballantyne One,15720 Brixham Hill Ave.,Ste.300 Office 318
Charlotte,NC 282771 Office:704.665.2200

We Make a Difference
21,2018. This review generated an Official Species List(OSL),which identifies threatened,endangered,
proposed and candidate species, as well as proposed and final designated critical habitat, that may occur
within the boundary of the proposed project and/or may be affected by proposed project. Results from
review, found the following nine federally listed species. No USFWS designated critical habitats were
located within the project boundaries.
Scientific Name Common Name Federal Status
Glaucomys sabrinus coloratus Carolina Northern Flying Squirrel Endangered
Myotis grisescens Gray Bat Endangered
Myotis sodalis Indiana Bat Endangered
Myotis septentrionalis Northern long-eared bat Threatened
Alasmidonta raveneliana Appalachian Elktoe Endangered
Microhexura montivaga Spruce-fir Moss Spider Endangered
Isotria medeoloides Small Whorled Pogonia Threatened
Geum radiatum Spreading Avens Endangered
Gymnoderma lineare Rock Gnome Lichen Endangered
On May 22,2018,Baker conducted a two-mile radius search using the Natural Heritage Program(NCNHP)
Data Explorer(https://ncnhde.natureserve.org/). Results from this search and found no known occurrences
of any of the above referenced species within two miles of the project site.
Glaucomys sabrinus coloratus (Carolina Northern Flying Squirrel)—Endangered
USFWS optimal survey window: May-October
The endangered Carolina northern flying squirrel is a subspecies of the northern flying squirrel. The
northern flying squirrel is a small nocturnal gliding mammal usually 10 to 12 inches in length and 3-5
ounces in weight. It possesses a long,broad, flattened tail which encompasses approximate 80 percent of
head and body length, prominent eyes, and dense, silky fur. The broad tail and folds of skin between the
wrist and ankle form the aerodynamic surface used for gliding. Adults are gray with a brownish, tan, or
reddish wash on the back,and their fur fades to a buff white on the belly.
There are several isolated populations of the Carolina northern flying squirrel in the mountains of North
Carolina and are typically found in areas where northern hardwoods, such as yellow birch,beech, maple,
hemlock, red oak, and buckeye, are adjacent to the higher-elevation, typically at elevations greater than
4,500 feet above mean sea level (AMSL), red spruce-Fraser fir forests. In some instances, the squirrels
may be found on narrow,north-facing valleys greater than 4,000 feet AMSL. Both forest types are used to
search for food and the hardwood forest is used for nesting sites. Mature forests with a thick evergreen
understory and numerous snags are most preferable. In winter, squirrels inhabit tree cavities in older
hardwoods,particularly yellow birch.
No critical habitat has been designated for this species.
Myotis grisescens(Gray Bat)—Endangered
USFWS optimal survey window: May15-August 15 (summer); January 15-February 15 (winter)
The gray bat is the largest member of its genus in the eastern United States, and is easily distinguishable
from all other bats within its range by its mono-colored fur. Following molt in July or August, gray bats
are dark gray, but they often bleach to chestnut brown or russet between molts (especially apparent in
reproductive females during May and June). The wing membrane connects to the foot at the ankle rather
than at the base of the first toe,as in other species of Myotis.

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Gray bats roost predominantly in caves year-round. Most winter caves are deep and vertical, while cave
types vary during the spring and fall transient periods. In summer,maternity colonies prefer caves that act
as warm air traps or that provide restricted rooms or domed ceilings that are capable of trapping the
combined body heat from thousands of clustered individuals,and are located within one half mile of a river
or reservoir,which provides foraging habitat.
No critical habitat has been designated for this species.
Myotis sodalist(Indiana Bat)—Endangered
USFWS optimal survey window: May15 -August 15 (summer)
The Indiana bat is a medium-sized bat,with a head and body length ranging from 1.6— 1.9 in. The species
closely resembles the little brown bat (Myotis lucgus) and the northern long-eared bat (Myotis
septentrionalis). Its hind feet tend to be small and delicate with fewer, shorter hairs than other bats of the
Myotis genus.The fur lacks luster.The ears and wing membranes have a dull appearance and flat coloration
that does not contrast with the fur. The fur of the chest and belly is lighter than the pinkish-brown fur on
the back,but does not contrast as strongly as does that of the little brown or northern long-eared bats.
Indiana bats winter in caves or mines with stable, but not freezing, cold temperatures. In summer they
generally roost in the loose bark of trees,either dead trees with peeling bark,or live trees with shaggy bark,
such as white oak and some hickories.
Known current Indiana bat distributions occur in Haywood County. Critical Habitat for the Indiana Bat
was designated on September 24, 1976. Based on the IPAC Official Species List generated,the project lies
outside the critical habitat. Additionally, a two-mile radius search using the Natural Heritage Program's
Data Explorer (https://ncnhde.natureserve.org/) on May 22, 2018 found no known occurrences of the
Indiana bat within two miles of the Project site.
Myotis septentrionalis(Northern long-eared bat)—Threatened
In North Carolina,the northern long-eared bat(NLEB) occurs in the mountains,with scattered records in
the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and
mines. Since this species is not known to be a long-distance migrant,and caves and subterranean mines are
extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern NC.
During the summer,NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both
live and dead trees (typically>3 inches dbh). This bat also been found, rarely, roosting in structures like
barns and sheds,under eaves of buildings,behind window shutters,in bridges,and in bat houses. Pregnant
females give birth from late May to late July. Foraging occurs on forested hillsides and ridges, and
occasionally over forest clearings, over water, and along tree-lined corridors. Mature forests may be an
important habitat type for foraging.
No critical habitat has been designated for this species and the project site is located outside of a watershed
where NLEB maternity trees or hibernation sites are known to occur. Additionally,a two-mile radius search
using the Natural Heritage Program's Data Explorer (https://ncnhde.natureserve.org/) on May 22, 2018
found no known occurrences of the NLEB within two miles of the Project site.
No critical habitat has been designated for this species.
Alasmidonta raveneliana (Appalachian Elktoe)—Endangered
USFWS optimal survey window: year round
The Appalachian elktoe has a thin, kidney-shaped shell, extending to about 4 inches. Juveniles generally
have a yellowish-brown outer shell surface,while the adults outer shell is usually dark brown to greenish-

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black. Although rays are prominent on some shells,particularly in the posterior portion of the shell,many
individuals have only obscure greenish rays. The inside shell surface is shiny, often white to bluish-white,
changing to a salmon,pinkish,or brownish color in the central and beak cavity portions of the shell; some
specimens may be marked with irregular brownish blotches.
The species has been reported from relatively shallow, medium-sized creeks and rivers with cool, clean,
well-oxygenated, moderate- to fast-flowing water. The species is most often found in riffles, runs, and
shallow flowing pools with stable, relatively silt-free, coarse sand and gravel substrate associated with
cobble,boulders,and/or bedrock. Stability of the substrate appears to be critical to the Appalachian elktoe,
and the species is seldom found in stream reaches with accumulations of silt or shifting sand, gravel, or
cobble. Additional factors known to have contributed to the decline and loss of populations of the
Appalachian elktoe and threaten the remaining populations include habitat loss and alteration associated
with impoundments,channelization,and dredging operations;and the run-off of silt,fertilizers,pesticides,
and other pollutants from poorly implemented land-use/farm related activities.
Known current Appalachian elktoe distributions occur in Haywood County as well as in portions of the
Pigeon River system. Critical Habitat for the Appalachian elktoe was designated on September 27,2002.
Based on the IPAC Official Species List generated,the project lies outside the critical habitat.Additionally,
a two-mile radius search using the Natural Heritage Program's Data Explorer
(https://ncnhde.natureserve.org/)on May 22,2018 found no known occurrences of the Appalachian elktoe
within two miles of the Project site.
Microhexura montivaga(Spruce-fir Moss Spider)—Endangered
USFWS Recommended Survey Window: May-August
The spruce-fir moss spider is one of the smallest members of the primitive suborder of spiders popularly
referred to as "tarantulas." Adults of this species measure only 0.10 to 0.15 inch (about the size of a BB).
Coloration of the spruce-fir moss spider ranges from light brown to yellow-brown to a darker reddish
brown, and there are no markings on its abdomen. This species is lives on the highest mountain peaks in
spruce-fir forests of the Appalachian Mountains of western North Carolina, eastern Tennessee, and
southwest Virginia.The spruce-fir moss spider occurs in well-drained moss and liverwort mats growing on
rocks or boulders.These mats are found in well-shaded areas in mature,high elevation(>5,000 feet AMSL)
Fraser fir and red spruce forests. The spruce-fir moss spider is very sensitive to desiccation and requires
environments of high and constant humidity.The need for humidity relates to the moss mats,which cannot
become too parched or else the mats become dry and loose. Likewise, the moss mats cannot be too wet
because large drops of water can also pose a threat to the spider.The spider constructs its tube-shaped webs
in the interface between the moss mat and the rock surface. Some webs have been found to extend into the
interior of the moss mat.
Critical Habitat for the Spruce-fir Moss Spider was designated on July 6,2001. Based on the IPAC Official
Species List generated,the project lies outside the critical habitat.
Isotria medeoloides(Small whorled pogonia)—Threatened
USFWS Recommended Survey Window: mid-May—early July
Small whorled pogonia is a member of the orchid family and blooms from Mid-May through Early-July.
It is named for the whorl of five or six leaves near the top of a single stem and beneath the small greenish-
yellow flower. The plant occurs in predominantly mature (2nd or 3rd successional growth) mixed-
deciduous or mixed-deciduous/coniferous forests with minimal ground cover and long persistent breaks in
the forest canopy. The species prefers moist, acidic soils that lack nutrient diversity. Primary threats to

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the small whorled pogonia include habitat loss and degradation from commercial and residential
development,forestry practices,recreational activities,and trampling.
No critical habitat has been designated for this species.
Geum radiatum (Spreading Avens)-Endangered
USFWS Optimal Survey Window: June - September
Spreading avens is a tall perennial herb(eight to 20 inches)in the rose family.Its distinctive bright yellow
flowers (generally up to 1 inch across) appear from June through September, and fruits form and ripen
from August through October. Spreading avens is known to occur only on high mountain peaks in Western
North Carolina and Eastern Tennessee. This species grows in full sun on the shallow acidic soils of high-
elevation cliffs(above 4,200 feet),rocky outcrops,steep slopes,and on gravelly talus. This perennial herb
also occurs in thin, gravelly soils of grassy balds near summit outcrops. The species prefers a northwest
aspect, but can be found on west-southwest through north-northeast aspects. Forests surrounding known
occurrences are generally dominated by either red spruce-Fraser fir, northern hardwoods with scattered
spruce, or high-elevation red oaks. Spreading avens typically occurs in shallow, acidic soil (such as the
Burton series) in cracks and crevices of igneous, metamorphic, or metasedimentary rocks. Soils may be
well drained but almost continuously wet,with soils at some known occurrences subject to drying out in
summer due to exposure to sun and shallow depths.Known populations occur at elevations ranging from
4,296 to 6,268 feet AMSL.
No critical habitat has been designated for this species.
Gymnoderma lineare(Rock Gnome Lichen)—Endangered
USFWS Optimal Survey Window: year round
The rock gnome lichen occurs in dense colonies of narrow strap-like lobes that are about 1 millimeter
across and generally one to two centimeters long.These lobes are blue gray on the terminal upper surface,
and generally shiny white on the lower surface, grading to black near the base. Fruiting bodies are black
and have been found from July through September on the tips of these lobes;however,the primary means
of propagation appears to be asexual,with colonies spreading clonally. The rock gnome lichen occurs in
high elevation coniferous forests (particularly those dominated by red spruce and Fraser fir) usually on
rocky outcrop or cliff habitats. This squamulose lichen only grows in areas with a great deal of humidity,
such as high elevations greater than 5,000 feet AMSL where there is often fog, or on boulders and large
outcrops in deep river gorges at lower elevations.Habitat is primarily limited to vertical rock faces where
seepage water from forest soils above flows only at very wet times.The species requires a moderate amount
of sunlight,but cannot tolerate high-intensity solar radiation.The lichen does well on moist,generally open
sites with northern exposures,but requires at least partial canopy coverage on southern or western aspects
because of its intolerance to high solar radiation.
No critical habitat has been designated for this species.
Please provide comments on any possible issues that may arise with respect to the endangered species,
migratory birds or other natural resources from the construction of the proposed project. The following
additional supporting documentation has been included for reference: Vicinity Map, USGS Topographic
Map, and Project Site Map. If Baker has not received response from you within 30 days,we will assume
that the NCWRC does not have any comment or information relevant to the implementation of this project
at the current time.

We Make a Difference
We thank you in advance for your timely response,input,and cooperation. Please contact me if you have
any further questions or comments. I can be reached at [phone] or via my email address at
[e-mail].
Sincerely,
Kristi Suggs
Cc: File
Enclosures

Michael Baker We Make a Difference
ference
INTERNATIONAL
June 4,2018
United States Fish and Wildlife Service
Asheville Ecological Services Field Office
Attn: Marella Buncick,Endangered Species Biologist
160 Zillicoa Street
Asheville,NC 28801
RE: Categorical Exclusion for UT to Rush Fork Stream Mitigation Project,Haywood County,NC
NCDEQ DMS Full-Delivery Project ID#100068,French Broad River Basin (06010106)
IPAC Consultation Code: 04EN1000-2018-SLI-0426
Dear Ms.Buncick:
Michael Baker Engineering,Inc.(Baker) respectfully requests review and comment from the US Fish and
Wildlife Service (USFWS) on any possible concerns they may have with regards to the implementation
of the UT to Rush Fork Stream Mitigation Project. Please note that this request is in support of the
development of the Categorical Exclusion(CE)for the referenced project.
The project area is located in the Crabtree Community in Haywood County,North Carolina approximately
3 miles south of the Township of Fines Creek. The project is located on the United States Geological
Survey's(USGS)Fines Creek Topographic Quadrangle. The center of the project area is located at 35.6446
N and-82.9402 W. The project site flows southwesterly and is bisected by Rush Fork Road approximately
1.8 miles north of its intersection with Silvers Coves Road.
The UT to Rush Fork site was identified to provide compensatory mitigation for unavoidable stream
impacts. The existing stream reaches have been significantly impacted by unrestricted livestock access and
the removal of riparian buffers. Most of the project reaches have cleared banks with a mix of small scattered
trees and stands of invasive species located at the top of bank in non-grazed areas. Currently, the project
reaches are unstable,incised,and exhibit active bank erosion from both high flows and livestock access.
The project will involve the restoration and enhancement of approximately 5,300 LF of existing stream.
A Best Management Practice (BMP)will also be implemented at the head of one of the tributaries to treat
nutrient and sediment laden run-off from the surrounding pasture area. Degraded riparian wetlands will
be restored and/or enhanced with the implementation of Priority Level 1 restoration, livestock exclusion,
and native riparian buffer plantings. At this time, no wetland credit is being sought for the project. A
conservation easement will be implemented along all project reaches in an excess of 30 feet from the top
of bank and will incorporate existing functional wetlands. The conservation easement will protect the
entire project area in perpetuity. Livestock will be excluded from the conservation easement with
permanent fencing.
Data Review and Analysis
Michael Baker Engineering, Inc. (Baker) conducted an on-line review of the project area with the use of
the United States Fish and Wildlife Service (USFWS)IPAC website(https://ecos.fws.gov/ipac/),on May
Michael Baker Engineering,Inc.
M B A K E R I T L.C D M Ballantyne One,15720 Brixham Hill Ave.,Ste.300 Office 318
Charlotte,NC 282771 Office:704.665.2200

We Make a Difference
21,2018. This review generated an Official Species List(OSL),which identifies threatened,endangered,
proposed and candidate species, as well as proposed and final designated critical habitat, that may occur
within the boundary of the proposed project and/or may be affected by proposed project. Results from
review, found the following nine federally listed species. No USFWS designated critical habitats were
located within the project boundaries.
Scientific Name Common Name Federal Status
Glaucomys sabrinus coloratus Carolina Northern Flying Squirrel Endangered
Myotis grisescens Gray Bat Endangered
Myotis sodalis Indiana Bat Endangered
Myotis septentrionalis Northern long-eared bat Threatened
Alasmidonta raveneliana Appalachian Elktoe Endangered
Microhexura montivaga Spruce-fir Moss Spider Endangered
Isotria medeoloides Small Whorled Pogonia Threatened
Geum radiatum Spreading Avens Endangered
Gymnoderma lineare Rock Gnome Lichen Endangered
On May 22,2018,Baker conducted a two-mile radius search using the Natural Heritage Program(NCNHP)
Data Explorer(https://ncnhde.natureserve.org/). Results from this search and found no known occurrences
of any of the above referenced species within two miles of the project site.
Glaucomys sabrinus coloratus(Carolina Northern Flying Squirrel)—Endangered
USFWS optimal survey window: May-October
The endangered Carolina northern flying squirrel is a subspecies of the northern flying squirrel. The
northern flying squirrel is a small nocturnal gliding mammal usually 10 to 12 inches in length and 3-5
ounces in weight. It possesses a long,broad, flattened tail which encompasses approximate 80 percent of
head and body length, prominent eyes, and dense, silky fur. The broad tail and folds of skin between the
wrist and ankle form the aerodynamic surface used for gliding. Adults are gray with a brownish, tan, or
reddish wash on the back,and their fur fades to a buff white on the belly.
There are several isolated populations of the Carolina northern flying squirrel in the mountains of North
Carolina and are typically found in areas where northern hardwoods, such as yellow birch,beech, maple,
hemlock, red oak, and buckeye, are adjacent to the higher-elevation, typically at elevations greater than
4,500 feet above mean sea level (AMSL), red spruce-Fraser fir forests. In some instances, the squirrels
may be found on narrow,north-facing valleys greater than 4,000 feet AMSL. Both forest types are used to
search for food and the hardwood forest is used for nesting sites. Mature forests with a thick evergreen
understory and numerous snags are most preferable. In winter, squirrels inhabit tree cavities in older
hardwoods,particularly yellow birch.
No critical habitat has been designated for this species.
Myotis grisescens(Gray Bat)—Endangered
USFWS optimal survey window: May15-August 15 (summer); January 15-February 15 (winter)
The gray bat is the largest member of its genus in the eastern United States, and is easily distinguishable
from all other bats within its range by its mono-colored fur. Following molt in July or August, gray bats
are dark gray, but they often bleach to chestnut brown or russet between molts (especially apparent in
reproductive females during May and June). The wing membrane connects to the foot at the ankle rather
than at the base of the first toe,as in other species of Myotis.

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Gray bats roost predominantly in caves year-round. Most winter caves are deep and vertical, while cave
types vary during the spring and fall transient periods. In summer,maternity colonies prefer caves that act
as warm air traps or that provide restricted rooms or domed ceilings that are capable of trapping the
combined body heat from thousands of clustered individuals,and are located within one half mile of a river
or reservoir,which provides foraging habitat.
No critical habitat has been designated for this species.
Myotis sodalist(Indiana Bat)—Endangered
USFWS optimal survey window: May15 -August 15 (summer)
The Indiana bat is a medium-sized bat,with a head and body length ranging from 1.6— 1.9 in. The species
closely resembles the little brown bat (Myotis lucgus) and the northern long-eared bat (Myotis
septentrionalis). Its hind feet tend to be small and delicate with fewer, shorter hairs than other bats of the
Myotis genus.The fur lacks luster.The ears and wing membranes have a dull appearance and flat coloration
that does not contrast with the fur. The fur of the chest and belly is lighter than the pinkish-brown fur on
the back,but does not contrast as strongly as does that of the little brown or northern long-eared bats.
Indiana bats winter in caves or mines with stable, but not freezing, cold temperatures. In summer they
generally roost in the loose bark of trees,either dead trees with peeling bark,or live trees with shaggy bark,
such as white oak and some hickories.
Known current Indiana bat distributions occur in Haywood County. Critical Habitat for the Indiana Bat
was designated on September 24, 1976. Based on the IPAC Official Species List generated,the project lies
outside the critical habitat. Additionally, a two-mile radius search using the Natural Heritage Program's
Data Explorer (https://ncnhde.natureserve.org/) on May 22, 2018 found no known occurrences of the
Indiana bat within two miles of the Project site.
Myotis septentrionalis(Northern long-eared bat)—Threatened
In North Carolina,the northern long-eared bat(NLEB) occurs in the mountains,with scattered records in
the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and
mines. Since this species is not known to be a long-distance migrant,and caves and subterranean mines are
extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern NC.
During the summer,NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both
live and dead trees (typically>3 inches dbh). This bat also been found, rarely, roosting in structures like
barns and sheds,under eaves of buildings,behind window shutters,in bridges,and in bat houses. Pregnant
females give birth from late May to late July. Foraging occurs on forested hillsides and ridges, and
occasionally over forest clearings, over water, and along tree-lined corridors. Mature forests may be an
important habitat type for foraging.
No critical habitat has been designated for this species and the project site is located outside of a watershed
where NLEB maternity trees or hibernation sites are known to occur. Additionally,a two-mile radius search
using the Natural Heritage Program's Data Explorer (https://ncnhde.natureserve.org/) on May 22, 2018
found no known occurrences of the NLEB within two miles of the Project site.
No critical habitat has been designated for this species.
Alasmidonta raveneliana (Appalachian Elktoe)—Endangered
USFWS optimal survey window: year round
The Appalachian elktoe has a thin,kidney-shaped shell, extending to about 4 inches. Juveniles generally
have a yellowish-brown outer shell surface,while the adults outer shell is usually dark brown to greenish-

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black. Although rays are prominent on some shells,particularly in the posterior portion of the shell,many
individuals have only obscure greenish rays. The inside shell surface is shiny, often white to bluish-white,
changing to a salmon,pinkish,or brownish color in the central and beak cavity portions of the shell; some
specimens may be marked with irregular brownish blotches.
The species has been reported from relatively shallow, medium-sized creeks and rivers with cool, clean,
well-oxygenated, moderate- to fast-flowing water. The species is most often found in riffles, runs, and
shallow flowing pools with stable, relatively silt-free, coarse sand and gravel substrate associated with
cobble,boulders,and/or bedrock. Stability of the substrate appears to be critical to the Appalachian elktoe,
and the species is seldom found in stream reaches with accumulations of silt or shifting sand, gravel, or
cobble. Additional factors known to have contributed to the decline and loss of populations of the
Appalachian elktoe and threaten the remaining populations include habitat loss and alteration associated
with impoundments,channelization,and dredging operations;and the run-off of silt,fertilizers,pesticides,
and other pollutants from poorly implemented land-use/farm related activities.
Known current Appalachian elktoe distributions occur in Haywood County as well as in portions of the
Pigeon River system. Critical Habitat for the Appalachian elktoe was designated on September 27,2002.
Based on the IPAC Official Species List generated,the project lies outside the critical habitat.Additionally,
a two-mile radius search using the Natural Heritage Program's Data Explorer
(https://ncnhde.natureserve.org/)on May 22,2018 found no known occurrences of the Appalachian elktoe
within two miles of the Project site.
Microhexura montivaga(Spruce-fir Moss Spider)—Endangered
USFWS Recommended Survey Window: May-August
The spruce-fir moss spider is one of the smallest members of the primitive suborder of spiders popularly
referred to as "tarantulas." Adults of this species measure only 0.10 to 0.15 inch (about the size of a BB).
Coloration of the spruce-fir moss spider ranges from light brown to yellow-brown to a darker reddish
brown, and there are no markings on its abdomen. This species is lives on the highest mountain peaks in
spruce-fir forests of the Appalachian Mountains of western North Carolina, eastern Tennessee, and
southwest Virginia.The spruce-fir moss spider occurs in well-drained moss and liverwort mats growing on
rocks or boulders.These mats are found in well-shaded areas in mature,high elevation(>5,000 feet AMSL)
Fraser fir and red spruce forests. The spruce-fir moss spider is very sensitive to desiccation and requires
environments of high and constant humidity.The need for humidity relates to the moss mats,which cannot
become too parched or else the mats become dry and loose. Likewise, the moss mats cannot be too wet
because large drops of water can also pose a threat to the spider.The spider constructs its tube-shaped webs
in the interface between the moss mat and the rock surface. Some webs have been found to extend into the
interior of the moss mat.
Critical Habitat for the Spruce-fir Moss Spider was designated on July 6,2001. Based on the IPAC Official
Species List generated,the project lies outside the critical habitat.
Isotria medeoloides(Small whorled pogonia)—Threatened
USFWS Recommended Survey Window: mid-May—early July
Small whorled pogonia is a member of the orchid family and blooms from Mid-May through Early-July.
It is named for the whorl of five or six leaves near the top of a single stem and beneath the small greenish-
yellow flower. The plant occurs in predominantly mature (2nd or 3rd successional growth) mixed-
deciduous or mixed-deciduous/coniferous forests with minimal ground cover and long persistent breaks in
the forest canopy. The species prefers moist, acidic soils that lack nutrient diversity. Primary threats to

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the small whorled pogonia include habitat loss and degradation from commercial and residential
development,forestry practices,recreational activities,and trampling.
No critical habitat has been designated for this species.
Geum radiatum (Spreading Avens)-Endangered
USFWS Optimal Survey Window: June - September
Spreading avens is a tall perennial herb(eight to 20 inches)in the rose family.Its distinctive bright yellow
flowers (generally up to 1 inch across) appear from June through September, and fruits form and ripen
from August through October. Spreading avens is known to occur only on high mountain peaks in Western
North Carolina and Eastern Tennessee. This species grows in full sun on the shallow acidic soils of high-
elevation cliffs(above 4,200 feet),rocky outcrops,steep slopes,and on gravelly talus. This perennial herb
also occurs in thin, gravelly soils of grassy balds near summit outcrops. The species prefers a northwest
aspect, but can be found on west-southwest through north-northeast aspects. Forests surrounding known
occurrences are generally dominated by either red spruce-Fraser fir, northern hardwoods with scattered
spruce, or high-elevation red oaks. Spreading avens typically occurs in shallow, acidic soil (such as the
Burton series) in cracks and crevices of igneous, metamorphic, or metasedimentary rocks. Soils may be
well drained but almost continuously wet,with soils at some known occurrences subject to drying out in
summer due to exposure to sun and shallow depths.Known populations occur at elevations ranging from
4,296 to 6,268 feet AMSL.
No critical habitat has been designated for this species.
Gymnoderma lineare(Rock Gnome Lichen)—Endangered
USFWS Optimal Survey Window: year round
The rock gnome lichen occurs in dense colonies of narrow strap-like lobes that are about 1 millimeter
across and generally one to two centimeters long.These lobes are blue gray on the terminal upper surface,
and generally shiny white on the lower surface, grading to black near the base. Fruiting bodies are black
and have been found from July through September on the tips of these lobes;however,the primary means
of propagation appears to be asexual,with colonies spreading clonally. The rock gnome lichen occurs in
high elevation coniferous forests (particularly those dominated by red spruce and Fraser fir) usually on
rocky outcrop or cliff habitats. This squamulose lichen only grows in areas with a great deal of humidity,
such as high elevations greater than 5,000 feet AMSL where there is often fog, or on boulders and large
outcrops in deep river gorges at lower elevations.Habitat is primarily limited to vertical rock faces where
seepage water from forest soils above flows only at very wet times.The species requires a moderate amount
of sunlight,but cannot tolerate high-intensity solar radiation.The lichen does well on moist,generally open
sites with northern exposures,but requires at least partial canopy coverage on southern or western aspects
because of its intolerance to high solar radiation.
No critical habitat has been designated for this species.
Please provide comments on any possible issues that may arise with respect to the endangered species,
migratory birds or other natural resources from the construction of the proposed project. The following
additional supporting documentation has been included for reference: Vicinity Map, USGS Topographic
Map,and Project Site Map. If Baker has not received response from you within 30 days,we will assume
that the USFWS does not have any comment or information relevant to the implementation of this project
at the current time.

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We thank you in advance for your timely response,input,and cooperation. Please contact me if you have
any further questions or comments. I can be reached at [phone] or via my email address at
[e-mail].
Sincerely,
Kristi Suggs
Cc: File
Enclosures

9
North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
June 14,2018
Kristi Suggs
Michael Baker International
15720 Brixham Hill Ave, Suite 300,Office 318
Charlotte,NC 28277
SUBJECT: UT Rush Fork Stream Mitigation Project
UTs to Rush Fork,Haywood County
Dear Ms. Suggs:
Biologists with the North Carolina Wildlife Resources Commission(NCWRC)received your June 5,
2018 letter regarding plans for a stream restoration project on unnamed tributaries(UTs)to Rush Fork in
Haywood County.You requested review and comment on the project. Our comments on this project are
offered for your consideration under provisions of the Clean Water Act of 1977(33 U.S.C.466 et. seq.)
and Fish and Wildlife Coordination Act(48 Stat.401,as amended; 16 U.S.C. 661-667d).
The project will involve restoration and enhancement on 5,300 ft of stream. It is anticipated that
degraded riparian wetlands will be restored or enhanced with the Priority 1 stream restoration strategy.
Cattle will be fenced from the easement.
We do not anticipate impacts to wild trout,and a moratorium will likely not need to be observed.
We recommend that riparian buffers that are to be reestablished be as wide as possible,given site
constraints and landowner needs. NCWRC generally recommends a woody buffer of 100 feet on
perennial streams in order to maximize the benefits of buffers,including bank stability, stream shading,
treatment of overland runoff,and wildlife habitat.
Thank you for the opportunity to review and comment on this project. Please contact me at(828) 803-
6054 if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator
Habitat Conservation Program
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fax: [phone]