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HomeMy WebLinkAbout20181275 Ver 1_UTtoMagness_CatEx_Submittal_FINAL_20210830We Make a Difference INTERNATIONAL May 13, 2019 Paul Wiesner, Project Manager NCDEQ - Division of Mitigation Services 5 Ravenscroft Drive, Ste. 102 Asheville, NC 28801 Subject: Task 1: Environmental Screening Documentation Submittal for the UT to Magness Creek Mitigation Project; Broad River Basin — CU# 03050105 — Cleveland County, NC NCDMS Project ID No. 100081; NCDEQ Contract No. 007604 Dear Mr. Wiesner: Please find enclosed one digital copy of the Categorical Exclusion (CE) for the UT to Magness Creek Mitigation Project in Cleveland County, NC. The Project is located in the Broad River Basin (Cataloging Unit 03050105) and the NC Division of Mitigation Services Targeted Local Watershed (TLW) 03050105-080060. The project drains directly to Magness Creek and the First Broad River, which is a drinking water source for the City of Shelby and other downstream municipalities. Existing reaches within the project site flow to the south-southwest where the downstream extent of the project is bordered by Selkirk Drive. The proposed project is a full -delivery, stream mitigation effort for the NC Department of Environmental Quality (DEQ) Division of Mitigation Services (DMS) in response to RFP#: 16-007400. The project will involve the restoration and enhancement of approximately 3,210 linear feet (LF) of existing stream, and the re-establishment and rehabilitation of 1.72 acres of riparian wetlands. A Best Management Practice (BMP) in the form of a constructed sediment detention pond will be installed in an unstable ephemeral drainage that receives run-off from an area that is frequently used by livestock. A conservation easement will be implemented along all project reaches in an excess of 30 feet from the top of bank and will incorporate some of the 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. In addition to the submittal of the CE document for the completion of Task 1, Baker submitted the Landowner Authorization Forms prior to the on -site project review meeting with the Interagency Review Team (IRT) and DMS on September 27, 2018, as required. Based on the preliminary mitigation plans and the on -site meeting, and the subsequent contract amendment for riparian wetland credits, the project will generate 3,123 stream mitigation units (SMUs) and 1.707 wetland mitigation units (WMUs) in the Broad River Basin. The proposed activities are outlined below in Tables 1 & 2. Table 1. UT to Magness Stream Details Reach ID Length (ft) Mitigation Approach Credit Ratio SMUs MS 2,950 Restoration 1:1 2,950 UT2 260 Enhancement I 1:5:1 173 Total Credits 3,123 MBAKER INTL.COM Michael Baker Engineering, Inc. 797 Haywood Road, Suite 201 Asheville, NC 28806 1 Office:828.350.1408 We Moke o Difference Table 2. UT to Magness Wetland Details Mitigation Approach Acres Credit Ratio WMUs Proposed Re-establishment 1.684 1:1 1.684 Proposed Rehabilitation 0.034 1:5:1 0.023 Total Credits 1.707 If you have any questions or concerns, please feel free to contact me at (828) 412-6100 or via my email address at mclemmons&mbakerint.com. Sincerely, Micky Clemmons Project Manager Cc: File 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: UT to Magness Creek County Name : Cleveland EEP Number: Project # 100081; Contract # 7604 Project Sponsor: FHWA Project Contact Name: Micky Clemmons / Michael Baker Engineering, Inc. Project Contact Address: 797 Haywood Road, Suite 201, Asheville, NC Project Contact E-mail: Mclemmons mbakerintl.com EEP Project Manager: Paul Wiesner ( aul.wiesner ncdenr. ov) Project Description The UT to Magness Creek mitigation project is located in Cleveland County, NC, east of the Town of Lawndale, within the Broad River Basin (03050105) and the NC DMS Targeted Local Watershed (TLW) 03050105080060. Located within a water supply watershed (WS-IV), the project drains directly to Magness Creek and the First Broad River, which is a drinking water source for the City of Shelby and other downstream municipalities. Existing reaches within the project site flow to the south-southwest where the downstream extent of the project is bordered by Selkirk Drive. The existing stream reaches have been significantly impacted by unrestricted livestock access and the removal or impairment of riparian buffers. Most of the project reaches are incised, unstable, and exhibit areas of active bank erosion from both high flows and livestock access. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. The project will involve the restoration and enhancement of approximately 3,210 linear feet (LF) of existing stream, and the re-establishment and rehabilitation of 1.72 acres of riparian wetlands. A Best Management Practice (BMP) in the form of a constructed sediment detention pond will be installed in an unstable ephemeral drainage that receives run-off from an area that is frequently used by livestock. Native riparian buffers will be established along all proposed reaches. A conservation easement will be implemented along all project reaches in an excess of 30 feet from the top of bank and will incorporate some of the existing functional wetlands. For Off icial Use Only Reviewed By: Date EEP Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Date For Division Administrator FHWA 6 Version 1.4, 8/16/05 2: Al I Projects Regulation/QuestionPart .. Coastal Zone ManaciementAct CZMA 1. Is the project located in a CAMA county? ❑ Yes ® No 2. Does the project inwl\,e 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 Com rehensive Environmental Response, Com ensation and Liabili 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 11 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 ro'ect 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 PropgrW Ac uisition 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 ElNo * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/16/05 3: Ground -Disturbing Activities ResponsePart American Indian Religious Freedom Act (AIRFAI 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 Archaeolo ical 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 Endanciered 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 Version 1.4, 8/16/05 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 Polic 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(FWCAJ 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(l 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 Fi she ry Conservation and ManagementAct(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 ofthe effect ofthe ❑ 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 Miciratory Bird Treat 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 Version 1.4, 8/16/05 UT to Magness Creek Mitigation Project / Categorical Exclusion —Summary Broad River Basin — CU# 03050105— Cleveland County, NC NCDMS Project ID No. 100081; NCDEQ Contract No. 007604 Project Background The UT to Magness Creek mitigation project is proposing to restore and enhance approximately 3,385 linear feet (LF)ofstreamwithintheBroad River Basin forthepurposeofobtaining stream mitigation credit for the NC Division of Mitigation Services (DMS). Project reaches have been significantly impacted by historic channelization, unrestricted livestock access, and a lack of quality riparian buffers. Stream banks consist of heavily grazed pasture grass with some areas of widely 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. A constructed sediment detention pond will be installed in an unstable ephemeral drainage to treat pasture run-off from an area that is frequently used by livestock. 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 August 1, 2018 using the Cleveland County,NC GIS Tax Mapping application (https://www.webgis.net/nc/ Cleveland/). Results from this review did not indicate any commercial or industrial designations within the project parcels nor those abutting or adjacent the project properties. A search of environmental records for the project area was conducted on August 6, 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) on any possible issues that might emerge with respect to architectural, archaeological, and/or cultural resources from the restoration project on August 3, 2018. On December 17, 2018, NC DMS sent a review request to the Eastern Band of Cherokee Indians' Tribal Historic Preservation Office (EBCI THPO), the United Keetoowah Band of Cherokee Indians in Oklahoma's (UKB) THPO, and the Cherokee Nation's THPO. On September 4, 2018, Baker received a response letter from SHPO fording that no historic resources would be affected by the project. On January 8, 2019, NC DMS received a response letter from the Cherokee Nation stating that "no instances where this project intersects or adjoin" records of cultural and historic resources; therefore, no impacts to Cherokee resources are "foreseen... at this time". On April 10, 2019, Baker received a correspondence email stating that the United Keetowah Band of Cherokee (UKB) concurs with the recommendation not to conduct a cultural resource survey for UT to Magness CreekMitigationProject; DMS Project No.100081 Michael Baker Engineering, Inc. CE Summary the UT to Magness Creek mitigation project. No response was received from the Eastern Band of the Cherokee Indians (EBCI). 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. 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:Hecos.fws.gov/ipac�, on August 6, 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 two federally listed species. No USFWS designated critical habitats were located within the project boundaries. Scientific Name Common Name Federal Habitat Biological Conclusion Status Present Myotis septentrionalis Northern Long-eared Bat T No No Effect Hexastylis naniflora Dwarf -flowered T Yes No Effect Heartleaf Baker conducted a two-mile radius search using the Natural Heritage Program (NCNHP) Data Explorer (https://ncnhde.natureserve.org/) on August 6, 2018. Results fromthis 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. 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 orwhereNLEB 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 August 6, 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 August 6, 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 UT to Magness Creek Mitigation Project; DM Project No. 100081 Michael Baker Engineering, Inc. CE Summary 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 c opy of the Consistency letter (TAILS 04EN1000-2018-R-0615) associated with the project determination is included in the Appendix. Hexastylis naniflora (Dwarf -flowered heartleaf) —Threatened USFWS Recommended Survey Window: mid -March — early July The dwarf -flowered heartleaf is a low -growing evergreen perennial that has heart -shape leaves that are four to six centimeters long. The leaves are dark green and leathery and are supported by long thin leaf stems connecting it to an underground stem. The blooms are small, inconspicuous jug -shaped flowers that are usually beige to dark brown or purple. The flowers are found near the base of the leaf stems and are often buried beneath the leaf litter. The plant grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams, and along slopes of nearby hillsides and ravines. No critical habitat has been designated for this species. Biological Conclusion: No Effect A review of NCNHP records conducted on August 6, 2018 did not indicate any known occurrences of the Dwarf -flowered heartleaf within 2.0 miles of the study area. However, 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. Farmland Protection Policy Act (FPPA) On August 7, 2018, Baker submitted the AD-1006 form for the UT to Magness Creek Mitigation Project to the North Carolina State Natural Resources Conservation Service (NRCS) Office. The NRCS responded on August 27, 2018 with the determination that implementation of this restoration project would result in the conversion of 10.3 acres of prime and unique farmland soils and of 0.70 acres of statewide important or local important farmland soils. Baker submitted the completed AD-1006 form to the NRCS Assistant State Soil Scientist September 19, 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 August 7, 2018 requesting their comment and review on the UT to Magness Creek Mitigation Project. On August 17, 2018, Baker received a response letter from the NCWRC stating they do not anticipate impacts to federally listed endangered or threatened species as a result of the proposed project. However, the presence of the Broad River spiny crayfish (Cambarus spicatus), a federal and state species of concern, has been documented on Magness Creek proper. Therefore, NCWRC requests to be alerted if the crayfish is observed during construction, so that they can be safely relocated. As of September 19, 2018, Baker has not received any comments from the USFWS. Copies of all correspondence are included in the Appendix. Nfigratory Bird Treaty Act (MBTA) A letter was sent by Baker to the USFWS on August 7, 2018 requesting their comment and review on the UT to Magness Creek Mitigation Project in relation to migratory birds. As of September 19, 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 Magness Creek Mitigation Project; DMS Project No. 100081 Michael Baker Engineering, Inc. CE Summary APPENDIX UT to Magness Creek Mitigation Project; DM S Project No. 100081 MichaelBaker Engineering, Inc. CE Summary UT To Magness Creek Selkirk Drive Lawndale, NC 28090 Inquiry Number: 5383530.2s August 06, 2018 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDW 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 ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, 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 or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC5383530.2s 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 SELKIRK DRIVE LAWNDALE, NC 28090 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator UTM X (Meters): UTM Y (Meters): Elevation: 35.4065000 - 35' 24' 23.40" 81.5293000 - 81 ° 31' 45.48" Zone 17 451939.2 3918053.8 893 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5947038 LAWNDALE, NC Version Date: 2013 AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: 20140618 Source: USDA TC5383530.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: SELKIRK DRIVE LAWNDALE, NC 28090 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 5383530.2s 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 TC5383530.2s 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 CERCL/S 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 TC5383530.2s EXECUTIVE SUMMARY 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 TC5383530.2s 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. TC5383530.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5383530.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 5383530.2S IV Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants National Priority List Sites Dept. Defense Sites 0 1/4 1/2 1 Mlles Indian Reservations BIA Upgradient Area Power transmission lines Hazardous Substance 100-year flood zone Disposal Sites 500-year flood zone ■ National Wetland Inventory 0 State Wetlands 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 Magness Creek CLIENT: Michael Baker Engineering, Inc. ADDRESS: Selkirk Drive CONTACT: Kristi Suggs Lawndale INC 28090 INQUIRY #: 5383530.2s LAT/LONG: 35.4065 / 81.5293 DATE: August 06, 2018 4:52 pm Copyright �o 2018 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. DETAIL MAP - 5383530.2S IV Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants i Sensitive Receptors National Priority List Sites Dept. Defense Sites 0 1 /9 1 /4 1 /2 Mlles Indian Reservations BIA Hazardous Substance Power transmission lines Disposal Sites 100-year flood zone 500-year flood zone ■ National Wetland Inventory 0 State Wetlands 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 Magness Creek CLIENT: Michael Baker Engineering, Inc. ADDRESS: Selkirk Drive CONTACT: Kristi Suggs Lawndale INC 28090 INQUIRY #: 5383530.2s LAT/LONG: 35.4065 / 81.5293 DATE: August 06, 2018 4:54 pm Copyright �o 2018 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. 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 TP NR 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 TP NR 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 TC5383530.2s Page 4 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 M QQIN9us] ill Ie10=Iill 191:i67ill lkvil=11ill III ril00**Q0IR 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 TP NR NR NR NR NR 0 US CDL TP NR NR NR NR NR 0 Local Land Records LIENS 2 TP NR NR NR NR NR 0 Records of Emergency Release Reports HMIRS TP NR NR NR NR NR 0 SPILLS TP NR NR NR NR NR 0 IMD 0.500 0 0 0 NR NR 0 SPILLS 90 TP NR NR NR NR NR 0 SPILLS 80 TP NR NR NR NR NR 0 Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR 0 TC5383530.2s Page 5 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 TP NR NR NR NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0 2020 COR ACTION 0.250 0 0 NR NR NR 0 TSCA TP NR NR NR NR NR 0 TRIS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ROD 1.000 0 0 0 0 NR 0 RMP TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 PRP TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 DOT OPS TP NR NR NR NR NR 0 CONSENT 1.000 0 0 0 0 NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 FUSRAP 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 LEAD SMELTERS TP NR NR NR NR NR 0 US AIRS TP NR NR NR NR NR 0 US MINES 0.250 0 0 NR NR NR 0 ABANDONED MINES 0.250 0 0 NR NR NR 0 FINDS TP NR NR NR NR NR 0 ECHO TP NR NR NR NR NR 0 DOCKET HWC TP NR 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 TP NR NR NR NR NR 0 ASBESTOS TP NR 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 TP NR NR NR NR NR 0 NPDES TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0 AOP TP NR 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 TC5383530.2s Page 6 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 TP NR NR NR NR NR 0 RGA LF TP NR NR NR NR NR 0 RGA LUST TP NR 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 TC5383530.2s Page 7 Map ID Direction Distance Elevation Site •10-A19:.y7.11P1.] MAP FINDINGS EDR ID Number Database(s) EPA ID Number TC5383530.2s Page 8 m a 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 Date Data Arrived at EDR: 05/30/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 23 NPL Site Boundaries Source: EPA Telephone: N/A Last EDR Contact: 07/06/2018 Next Scheduled EDR Contact: 10/15/2018 Data Release Frequency: Quarterly Sources: EPA's Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 Telephone 617-918-1143 EPA Region 3 Telephone 215-814-5418 EPA Region 4 Telephone 404-562-8033 EPA Region 5 Telephone 312-886-6686 EPA Region 10 Telephone 206-553-8665 EPA Region 6 Telephone:214-655-6659 EPA Region 7 Telephone:913-551-7247 EPA Region 8 Telephone:303-312-6774 EPA Region 9 Telephone: 415-947-4246 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 Date Data Arrived at EDR: 05/30/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 23 Source: EPA Telephone: N/A Last EDR Contact: 07/06/2018 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. Date of Government Version: 10/15/1991 Date Data Arrived at EDR: 02/02/1994 Date Made Active in Reports: 03/30/1994 Number of Days to Update: 56 Source: EPA Telephone: 202-564-4267 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned TC5383530.2s Page GR-1 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING 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 Date Data Arrived at EDR: 05/30/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 23 Federal CERCLIS list Source: EPA Telephone: N/A Last EDR Contact: 07/06/2018 Next Scheduled EDR Contact: 10/15/2018 Data Release Frequency: Quarterly 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 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 92 Source: Environmental Protection Agency Telephone: 703-603-8704 Last EDR Contact: 07/06/2018 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 Date Data Arrived at EDR: 05/30/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 23 Federal CERCLIS NFRAP site list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 07/06/2018 Next Scheduled EDR Contact: 10/29/2018 Data Release Frequency: Quarterly SEMS-ARCHIVE: Superfund Enterprise Management System Archive TC5383530.2s Page GR-2 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 Date Data Arrived at EDR: 05/30/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 23 Federal RCRA CORRACTS facilities list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 07/06/2018 Next Scheduled EDR Contact: 10/29/2018 Data Release Frequency: Quarterly CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Federal RCRA non-CORRACTS TSD facilities list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 06/28/2018 Next Scheduled EDR Contact: 10/08/2018 Data Release Frequency: Quarterly 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 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Federal RCRA generators list Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 06/28/2018 Next Scheduled EDR Contact: 10/08/2018 Data Release Frequency: Quarterly 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 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 06/28/2018 Next Scheduled EDR Contact: 10/08/2018 Data Release Frequency: Quarterly TC5383530.2s Page GR-3 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 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 06/28/2018 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 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 06/28/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: Department of the Navy Telephone: 843-820-7326 Last EDR Contact: 05/09/2018 Next Scheduled EDR Contact: 08/27/2018 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 Date Data Arrived at EDR: 02/27/2018 Date Made Active in Reports: 05/11/2018 Number of Days to Update: 73 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 05/29/2018 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 Date Data Arrived at EDR: 02/27/2018 Date Made Active in Reports: 05/11/2018 Number of Days to Update: 73 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 05/29/2018 Next Scheduled EDR Contact: 09/10/2018 Data Release Frequency: Varies TC5383530.2s Page GR-4 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: 202-267-2180 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: 919-754-6580 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: 919-508-8400 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: 919-733-0692 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: 919-733-4996 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 TC5383530.2s Page GR-5 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: 919-733-1308 Date Made Active in Reports: 06/11/2018 Last EDR Contact: 05/08/2018 Number of Days to Update: 34 Next Scheduled EDR Contact: 08/20/2018 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: 877-623-6748 Date Made Active in Reports: 06/11/2018 Last EDR Contact: 05/08/2018 Number of Days to Update: 34 Next Scheduled EDR Contact: 08/20/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 415-972-3372 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 8 Telephone: 303-312-6271 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 6 Telephone: 214-665-6597 Last EDR Contact: 07/27/2018 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. TC5383530.2s Page GR-6 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 05/08/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 4 Telephone: 404-562-8677 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 1 Telephone: 617-918-1313 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA, Region 5 Telephone: 312-886-7439 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 07/27/2018 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: 919-733-1315 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 Date Data Arrived at EDR: 05/30/2017 Date Made Active in Reports: 10/13/2017 Number of Days to Update: 136 Source: FEMA Telephone: 202-646-5797 Last EDR Contact: 07/11/2018 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. TC5383530.2s Page GR-7 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: 919-733-1308 Date Made Active in Reports: 06/11/2018 Last EDR Contact: 05/08/2018 Number of Days to Update: 34 Next Scheduled EDR Contact: 08/20/2018 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: 919-715-6183 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 6 Telephone: 214-665-7591 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA, Region 1 Telephone: 617-918-1313 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 4 Telephone: 404-562-9424 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 5 Telephone: 312-886-6136 Last EDR Contact: 07/27/2018 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). TC5383530.2s Page GR-8 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 04/12/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 8 Telephone: 303-312-6137 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 9 Telephone: 415-9 72-3368 Last EDR Contact: 07/27/2018 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: 919-508-8400 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 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/19/2008 Number of Days to Update: 27 Source: EPA, Region 7 Telephone: 913-551-7365 Last EDR Contact: 04/20/2009 Next Scheduled EDR Contact: 07/20/2009 Data Release Frequency: Varies TC5383530.2s Page GR-9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING 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 Date Data Arrived at EDR: 09/29/2015 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 142 Source: EPA, Region 1 Telephone: 617-918-1102 Last EDR Contact: 06/22/2018 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: 919-508-8400 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: 919-733-4996 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 Date Data Arrived at EDR: 03/21/2018 Date Made Active in Reports: 06/08/2018 Number of Days to Update: 79 Source: Environmental Protection Agency Telephone: 202-566-2777 Last EDR Contact: 06/20/2018 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: 919-733-0692 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 TC5383530.2s Page GR-10 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING SWRCY: Recycling Center Listing A listing of recycling center locations. Date of Government Version: 05/03/2018 Date Data Arrived at EDR: 05/03/2018 Date Made Active in Reports: 05/10/2018 Number of Days to Update: 7 Source: Department of Environment & Natural Resources Telephone: 919-707-8137 Last EDR Contact: 07/25/2018 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 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 52 Source: Environmental Protection Agency Telephone: 703-308-8245 Last EDR Contact: 07/30/2018 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 Date Data Arrived at EDR: 08/09/2004 Date Made Active in Reports: 09/17/2004 Number of Days to Update: 39 Source: Environmental Protection Agency Telephone: 800-424-9346 Last EDR Contact: 06/09/2004 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 Date Data Arrived at EDR: 05/07/2009 Date Made Active in Reports: 09/21/2009 Number of Days to Update: 137 Source: EPA, Region 9 Telephone: 415 -947 -4219 Last EDR Contact: 07/17/2018 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 Serivices, Indian Health Service Date Data Arrived at EDR: 08/06/2014 Telephone: 301-443-1452 Date Made Active in Reports: 01/29/2015 Last EDR Contact: 05/04/2018 Number of Days to Update: 176 Next Scheduled EDR Contact: 08/13/2018 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 Date Data Arrived at EDR: 03/01/2018 Date Made Active in Reports: 05/11/2018 Number of Days to Update: 71 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 05/30/2018 Next Scheduled EDR Contact: 09/10/2018 Data Release Frequency: No Update Planned TC5383530.2s Page GR-11 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 Date Data Arrived at EDR: 03/01/2018 Date Made Active in Reports: 05/11/2018 Number of Days to Update: 71 Local Land Records Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 05/30/2018 Next Scheduled EDR Contact: 09/10/2018 Data Release Frequency: Quarterly 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 Date Data Arrived at EDR: 05/30/2018 Date Made Active in Reports: 06/29/2018 Number of Days to Update: 30 Records of Emergency Release Reports Source: Environmental Protection Agency Telephone: 202-564-6023 Last EDR Contact: 07/06/2018 Next Scheduled EDR Contact: 11/05/2018 Data Release Frequency: Semi -Annually 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 Date Data Arrived at EDR: 03/27/2018 Date Made Active in Reports: 06/08/2018 Number of Days to Update: 73 Source: U.S. Department of Transportation Telephone: 202-366-4555 Last EDR Contact: 03/27/2018 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: 919-807-6308 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: 919-733-3221 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. TC5383530.2s Page GR-12 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 09/27/2012 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 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 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Other Ascertainable Records Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned 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 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 06/28/2018 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 Date Data Arrived at EDR: 07/08/2015 Date Made Active in Reports: 10/13/2015 Number of Days to Update: 97 Source: U.S. Army Corps of Engineers Telephone: 202-528-4285 Last EDR Contact: 05/25/2018 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 Date Data Arrived at EDR: 11/10/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 62 Source: USGS Telephone: 888-275-8747 Last EDR Contact: 07/11/2018 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 Date Data Arrived at EDR: 02/06/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 339 Source: U.S. Geological Survey Telephone: 888-275-8747 Last EDR Contact: 07/13/2018 Next Scheduled EDR Contact: 10/22/2018 Data Release Frequency: N/A TC5383530.2s Page GR-13 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 Date Data Arrived at EDR: 02/03/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 615-532-8599 Last EDR Contact: 05/15/2018 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 Date Data Arrived at EDR: 03/27/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 87 Source: Environmental Protection Agency Telephone: 202-566-1917 Last EDR Contact: 06/27/2018 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 Date Data Arrived at EDR: 03/21/2014 Date Made Active in Reports: 06/17/2014 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 617-520-3000 Last EDR Contact: 05/07/2018 Next Scheduled EDR Contact: 08/20/2018 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 Date Data Arrived at EDR: 05/08/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 73 Source: Environmental Protection Agency Telephone: 703-308-4044 Last EDR Contact: 05/08/2018 Next Scheduled EDR Contact: 08/20/2018 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 Date Data Arrived at EDR: 06/21/2017 Date Made Active in Reports: 01/05/2018 Number of Days to Update: 198 Source: EPA Telephone: 202-260-5521 Last EDR Contact: 06/22/2018 Next Scheduled EDR Contact: 10/01/2018 Data Release Frequency: Every 4 Years TC5383530.2s Page GR-14 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 Date Data Arrived at EDR: 01/10/2018 Date Made Active in Reports: 01/12/2018 Number of Days to Update: 2 Source: EPA Telephone: 202-566-0250 Last EDR Contact: 05/25/2018 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 Date Data Arrived at EDR: 12/10/2010 Date Made Active in Reports: 02/25/2011 Number of Days to Update: 77 Source: EPA Telephone: 202-564-4203 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 05/30/2018 Date Made Active in Reports: 06/29/2018 Number of Days to Update: 30 Source: EPA Telephone: 703-416-0223 Last EDR Contact: 07/06/2018 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 Date Data Arrived at EDR: 11/17/2017 Date Made Active in Reports: 12/08/2017 Number of Days to Update: 21 Source: Environmental Protection Agency Telephone: 202-564-8600 Last EDR Contact: 07/20/2018 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 Date Data Arrived at EDR: 07/03/1995 Date Made Active in Reports: 08/07/1995 Number of Days to Update: 35 Source: EPA Telephone: 202-564-4104 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned TC5383530.2s Page GR-15 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version: 10/25/2013 Date Data Arrived at EDR: 10/17/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 3 Source: EPA Telephone: 202-564-6023 Last EDR Contact: 07/06/2018 Next Scheduled EDR Contact: 08/20/2018 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 Date Data Arrived at EDR: 06/09/2017 Date Made Active in Reports: 10/13/2017 Number of Days to Update: 126 Source: EPA Telephone: 202-566-0500 Last EDR Contact: 07/13/2018 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 Date Data Arrived at EDR: 11/23/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 79 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 07/09/2018 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: 202-566-1667 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 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA Telephone: 202-566-1667 Last EDR Contact: 08/18/2017 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 Date Data Arrived at EDR: 09/08/2016 Date Made Active in Reports: 10/21/2016 Number of Days to Update: 43 Source: Nuclear Regulatory Commission Telephone: 301-415-7169 Last EDR Contact: 07/23/2018 Next Scheduled EDR Contact: 11/05/2018 Data Release Frequency: Quarterly TC5383530.2s Page GR-16 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 Date Data Arrived at EDR: 08/07/2009 Date Made Active in Reports: 10/22/2009 Number of Days to Update: 76 Source: Department of Energy Telephone: 202-586-8719 Last EDR Contact: 06/07/2018 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 Date Data Arrived at EDR: 09/10/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: N/A Last EDR Contact: 06/04/2018 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 Date Data Arrived at EDR: 11/30/2017 Date Made Active in Reports: 12/15/2017 Number of Days to Update: 15 Source: Environmental Protection Agency Telephone: 202-566-0517 Last EDR Contact: 07/27/2018 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 Date Data Arrived at EDR: 04/05/2018 Date Made Active in Reports: 06/29/2018 Number of Days to Update: 85 Source: Environmental Protection Agency Telephone: 202-343-9775 Last EDR Contact: 07/05/2018 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 FI FRA (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 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2007 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. TC5383530.2s Page GR-17 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2008 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: 202-366-4595 Date Made Active in Reports: 09/18/2012 Last EDR Contact: 08/01/2018 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 Date Data Arrived at EDR: 02/22/2017 Date Made Active in Reports: 09/28/2017 Number of Days to Update: 218 Source: EPA/NTIS Telephone: 800-424-9346 Last EDR Contact: 06/28/2018 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 Date Data Arrived at EDR: 07/14/2015 Date Made Active in Reports: 01/10/2017 Number of Days to Update: 546 Source: USGS Telephone: 202-208-3710 Last EDR Contact: 07/11/2018 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 Date Data Arrived at EDR: 12/27/2016 Date Made Active in Reports: 02/17/2017 Number of Days to Update: 52 Source: Department of Energy Telephone: 202-586-3559 Last EDR Contact: 08/01/2018 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. TC5383530.2s Page GR-18 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 06/23/2017 Date Data Arrived at EDR: 10/11/2017 Date Made Active in Reports: 11/03/2017 Number of Days to Update: 23 LEAD SMELTER 1: Lead Smelter Sites A listing of former lead smelter site locations. Date of Government Version: 05/13/2018 Date Data Arrived at EDR: 05/30/2018 Date Made Active in Reports: 06/29/2018 Number of Days to Update: 30 Source: Department of Energy Telephone: 505-845-0011 Last EDR Contact: 05/18/2018 Next Scheduled EDR Contact: 09/03/2018 Data Release Frequency: Varies Source: Environmental Protection Agency Telephone: 703-603-8787 Last EDR Contact: 07/06/2018 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 Date Data Arrived at EDR: 10/27/2010 Date Made Active in Reports: 12/02/2010 Number of Days to Update: 36 Source: American Journal of Public Health Telephone: 703-305-6451 Last EDR Contact: 12/02/2009 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 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 US AIRS MINOR: Air Facility System Data A listing of minor source facilities. Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 Source: EPA Telephone: 202-564-2496 Last EDR Contact: 09/26/2017 Next Scheduled EDR Contact: 01/08/2018 Data Release Frequency: Annually Source: EPA Telephone: 202-564-2496 Last EDR Contact: 09/26/2017 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: 303-231-5959 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. TC5383530.2s Page GR-19 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 12/05/2005 Date Data Arrived at EDR: 02/29/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 49 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 05/30/2018 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 Date Data Arrived at EDR: 06/08/2011 Date Made Active in Reports: 09/13/2011 Number of Days to Update: 97 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 05/30/2018 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 Date Data Arrived at EDR: 03/13/2018 Date Made Active in Reports: 06/08/2018 Number of Days to Update: 87 Source: Department of Interior Telephone: 202-208-2609 Last EDR Contact: 06/20/2018 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 Date Data Arrived at EDR: 02/23/2018 Date Made Active in Reports: 03/23/2018 Number of Days to Update: 28 Source: EPA Telephone: (404) 562-9900 Last EDR Contact: 06/06/2018 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 Date Data Arrived at EDR: 03/17/2018 Date Made Active in Reports: 06/08/2018 Number of Days to Update: 83 UXO: Unexploded Ordnance Sites A listing of unexploded ordnance site locations Date of Government Version: 09/30/2016 Date Data Arrived at EDR: 10/31/2017 Date Made Active in Reports: 01/12/2018 Number of Days to Update: 73 Source: Environmental Protection Agency Telephone: 202-564-2280 Last EDR Contact: 06/06/2018 Next Scheduled EDR Contact: 09/17/2018 Data Release Frequency: Quarterly Source: Department of Defense Telephone: 703-704-1564 Last EDR Contact: 07/13/2018 Next Scheduled EDR Contact: 10/29/2018 Data Release Frequency: Varies TC5383530.2s 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 Date Data Arrived at EDR: 01/19/2018 Date Made Active in Reports: 04/13/2018 Number of Days to Update: 84 Source: Environmental Protection Agency Telephone: 202-564-0527 Last EDR Contact: 06/01/2018 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 Date Data Arrived at EDR: 02/21/2018 Date Made Active in Reports: 03/23/2018 Number of Days to Update: 30 AIRS: Air Quality Permit Listing A listing of facilities with air quality permits. Date of Government Version: 06/11/2018 Date Data Arrived at EDR: 06/14/2018 Date Made Active in Reports: 07/25/2018 Number of Days to Update: 41 ASBESTOS: ASBESTOS Asbestos notification sites Date of Government Version: 10/15/2016 Date Data Arrived at EDR: 03/01/2018 Date Made Active in Reports: 04/18/2018 Number of Days to Update: 48 Source: EPA Telephone: 800-385-6164 Last EDR Contact: 05/23/2018 Next Scheduled EDR Contact: 09/03/2018 Data Release Frequency: Quarterly Source: Department of Environmental Quality Telephone: 919-707-8726 Last EDR Contact: 06/14/2018 Next Scheduled EDR Contact: 09/24/2018 Data Release Frequency: Varies Source: Department of Health & Human Services Telephone: 919-707-5973 Last EDR Contact: 07/23/2018 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: 919-807-6359 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: 919-508-8400 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. TC5383530.2s 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: 919-733-1322 Date Made Active in Reports: 06/11/2018 Last EDR Contact: 05/08/2018 Number of Days to Update: 34 Next Scheduled EDR Contact: 08/20/2018 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: 919-508-8496 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: 919-707-8222 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: 919-733-7015 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: 919-807-6412 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: 919-707-9129 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. TC5383530.2s 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 Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: 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 TC5383530.2s 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: 860-424-3375 Date Made Active in Reports: 03/22/2018 Last EDR Contact: 05/18/2018 Number of Days to Update: 36 Next Scheduled EDR Contact: 08/27/2018 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: 518-402-8651 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: 717-783-8990 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 TC5383530.2s 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: 401-222-2797 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 Date Data Arrived at EDR: 06/15/2018 Date Made Active in Reports: 07/09/2018 Number of Days to Update: 24 Source: Department of Natural Resources Telephone: N/A Last EDR Contact: 06/11/2018 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: 312-280-5991 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: 410-786-3000 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: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 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: 202-502-7300 The National Center for Education Statistics' primary database on private school locations in the United States. TC5383530.2s Page GR-25 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Daycare Centers: Child Care Facility List Source: Department of Health & Human Services Telephone: 919-662-4499 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: 877-336-2627 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: 703-358-2171 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. TC5383530.2s Page GR-26 9 o 0 a a 0070 IQo 0 a P N Belwood 040 I 0o fl 0 � 1 0 Fallston I Site Location 0 Selkirk Drive 0 18 0 o a rt /: Site is located within Targeted Local Watershed 03050105080060 4 03050105080090 t, Site Figure 1 Location Project Vicinity Map 10 27 UT to Magness Creek Stream Mitigation Project 150Michael I N T E R N A T I O N A L i ---__18 10 0.5 1 2 Cleveland County Cleveland County MIIeS Proposed Conservation Easement 4z Burns • - I 1. ich 9t6 • !� - r e i �- .� C/I ism �eoo �r laQ i l •( �,U- - Lawndale Quadrangle Copyright:© 2013tibnal Geo ra hic Society,i'cubd 0 1,600 3,200 Figure 2 Michael BakerFeet USGS Topographic Map UT to Magness Creek INTERNATIONAL 1 inch = 1,600 feet Stream Mitigation Project o/ A /F Q Proposed Conservation Easement Project Parcel Boundaries Figure 3 Michael Baker0 550 1,100 Project Area Map Feet UT to Magness Creek N T E R N A T 1 0 N A L 1" = 550' Mitigation Project OPTION TO PURCHASE CONSERVATION EASEMENT THIS OPTION TO PURCHASE CONSERVATION EASEMENT (the "Option") is made and entered into this 23rd day of February, 2018 _(the "Effective Date"), by and among Robert and Kay Yarboro; residing at 2803 Selkirk Drive, Lawndale, NC 28090 (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 Cleveland County, North Carolina, containing 168.71 acres (PINs 2641419802, 26141528927, 2641538722, 2641540498, 2641600979), 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. 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 total nurchase nrice for the lasement shall be 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 casements, 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. Prorations, 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. C. 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. £ 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 attomey'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 shalI 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: Robert and Kay Yarboro 2803 Selkirk Drive Lawndale, NC 28090 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 h. Baker shall exclude livestock from the area included within the conservation easement by constructing a woven wire fence along the surveyed easement line. This fence will be constructed according to NRCS specifications and will include gates as needed for managing crossings and to provide human access. 5 i. Baker shall install a well, waterlines and up to 5 insulated, pressurized water tanks to provide a water source for livestock, when they are excluded from the restored stream channel and buffer. This water system will be installed according to MRCS standards. j. Baker shall install two ford type stream crossings in accordance with MRCS standards, to provide livestock access to pasture areas that are separated from other pastures by the conservation easement fencing. on IN WITNESS WHEREOF, the parties have duly executed this Option as of the date first above written. G TOR: By: Print Name: 'R0 be 1' a e b v ev Title:_ —w VAo' MICHAEL BAKER ENGI ERING, INC.: By: Print Name: Dwain, Hathaway Title: Vice President 7 en -ar - Note: This map may not be a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations and has not been .-•� reviewed for compliance with recording requirments for plats7. I • .� r * �1 YARBORO ROBERT E',i` YARBORO KAY D� f . ► :,). t _ 2641540498 _ ' ro `.� fe YARBORO ROBERT E s • ' r-*' �i YARBORO KAY D`'• YARBORO ROBERT E 2641538722 ► L YARBORO KAY b •, �'. t �� 2641538722 +i► , r' YARBORO ROBERT E YARBORO KAY D 2641528927 OL tom• •.l ra YARBORO ROBERT E YARBORO KAY D � 2641419802 — YARBORO ROBEZE YARBORO KAY 2641528927 F ARBORO ROBERT E YARBORO KAY D 2641419802 � •: � '� YARBORO ROBERT E 1 YARBORO KAY D 26 1fi00979 1 r Project Streams Parcel Boundaries „•: .r►`�:',,.,+ , Broad 03Q50'!Q5 r Michael Baker, 0 250 500 1,000 Exhibit A Feet Landowner(s): INTERNATIONAL Yarboro, Robert E. and Kay D. o 451600 35o 24'39"N g r 1 93 1 93 1 93 N 93 0 ro 93 1 93 0 r 93 35o 24' 8" N 451600 451700 451800 451900 45200( rl Map Scale: 1:4,660 if printed on A portrait (8.5" x 11") sheet. o Meters N 0 50 100 200 ?00 Feet 0 200 400 800 1200 Map projection: Web Mercator Conermordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Soil Map —Cleveland County, North Carolina (UT to Magness Creek Mitigation Project) 451700 451800 451900 452000 452100 452100 452200 35o 24' 39" N g r 1 93 N 93 1 93 N 93 0 ro 93 1 93 0 r 93 35o 24'8" N 452200 m 8/7/2018 Pagel of 3 Z O G O LL Z Ca G 0 Z /W V W J a O O � 7 U O 0-0 U O O O) E Q m —_ Q O m U O C C y E m y y O O O O E U) m m O O = U) E in > O O a) C > -0C O a) -0 0 O Q 6 > Q m U m cn E a E (-o a) m m O C m N y U (i) m E rn C E c (1) E 2 y a) m m W E U W O O y m O > O a) U Uy y m m (n a) 0 0 L 6 y 7 D O m .N E 'O tll -O �, m QUA O N E = U) w Q a) O O N a) m N cr O O U) O O N Q y-0 N m L .�.-� O N a) U Q a) .�.. N U) a) CJ O Z O tl) U y '6 m CL 0 d N C U) m Q Z O a) `) a) E U W m m W" O a) (fl N L y m a) s U) c Q N N D Q a) O Q >+ w y U m a) a) O N _ o m C 0 m U= O a) ) (n O m m O) O Q ._ m m E c 0 a) >+ a) ._ U C O N U O N U O L Q E T m u) Q ��'� 9 m 7 u) U O tl) o� 'O C c m O Q N N N m E O m y a) U a) .o Q '0 a) a) m-0 C .�-� J m a)Q U) U) .� Q c n > U Q y t O N a) Z E 8 m ai m o a) aaci a) m m a) rn o o a) rn m -O m m rn O _0 T m 7 ,tl) C N Q y (6 O '6 m CL O a) >' g U U) m U .o Q m 0 m s cn E E - m E m 3 U D O a) a) a) 7 to O m Q 7 O_ O N m C m 76 O U) U)U 0 U U) U > Q a) (n a) m O E O y O N N 0 a N � m m a) a) o o a) O Q .a? a) 0 m O n U) !E0 7 O LPm a) E m FL E U U 2 QU=o Q m H o U U U T 0 aN° H 0. U) y � y Q 4 Li O U R L a L Q a Q >. O a) R 2 y O a -yo O L a) Q CL Z U) ° J m E a) m y 0 O ° O R a m o O U) U) N > L_ O u) y 0 cn � o a) U J a Q * R a R � C � R 4 R5 F R m y C O y 0 .� O Q U) a° a° N c N a CL O U a 0y >C >C Q >C a) a) C) Q 3 Q o o w Q O O FL O ° O � o` �Q W , oY Q o a) O- R —oo 3 O w>> aRaoU Co o an Q 0 n n 0 n p m O ' a) a O m m U) R U) o U) o in U) U) w a R yp�pyp�� `¢ ` 11F U) Q y 0 U � a) U ' — m 0 a) U Q O U m 0 m Z Soil Map —Cleveland County, North Carolina UT to Magness Creek Mitigation Project Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI ChA Chewacla loam, 0 to 2 percent slopes, frequently flooded 10.3 93.8% PaC2 Pacolet sandy clay loam, 8 to 15 percent slopes, moderately eroded 0.7 6.2% Totals for Area of Interest 11.0 100.0% USDA Natural Resources Web Soil Survey 8/7/2018 Conservation Service National Cooperative Soil Survey Page 3 of 3 U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 8/7/2018 Name of Project UT to Magness Creek Mitigation Project Federal Agency Involved FHWA Proposed Land Use Stream Mitigation County and State Cleveland, NC PART II (To be completed by NRCS) Date Request Received By NRCS 08/07/2018 Pe , on Co pleting F r Mil 6ortes � NRCS Does the site contain Prime, Unique, Statewide or Local Important Farmland? (If no, the FPPA does not apply - do not complete additional parts of this form) YES NO Z Acres Irrigated none Average Farm Size 113 acres Major Crop(s) CORN Farmable Land In Govt. Jurisdiction Acres: 79% % 236,827 acres Amount of Farmland As Defined in FPPA Acres: 61.4%% 93,263 acres Name of Land Evaluation System Used Cleveland Co,. NC LESA Name of State or Local Site Assessment System N/A Date Land Evaluation Returned by NRCS August 27. 2018 by eMail PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C I Site D A. Total Acres To Be Converted Directly 11.0 B. Total Acres To Be Converted Indirectly 0 C. Total Acres In Site 11.0 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland 10.30 B. Total Acres Statewide Important or Local Important Farmland 0.70 C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted 0.0118 D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value 4.4% PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted Scale of 0 to 100 Points 97 PART VI (To be completed by Federal Agency) Site Assessment Criteria Criteria are explained in 7 CFR 658.5 b. For Corridor ro ect use form NRCS-CPA-106 Maximum Points Site A Site B Site C Site D 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) 5 6. Distance To Urban Support Services (15) 5 7. Size Of Present Farm Unit Compared To Average (10) 10 8. Creation Of Non-farmable Farmland (10) 0 9. Availability Of Farm Support Services (5) 5 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 160 100 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 97 0 0 0 Total Site Assessment (From Part VI above or local site assessment) 160 100 0 0 0 TOTAL POINTS (Total of above 2 lines) 260 197 0 0 0 Site Selected: A Date Of Selection 9/19/2018 Was A Local Site Assessment Used? YES NO ❑ Reason For Selection: Name of Federal agency representative completing this form: FHWA Date: 9/19/2018 (See Instructions on reverse side) Form AD-1006 (03-02) ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Elizabeth Toombs Cherokee Nation Tribal Historic Preservation Office P.O. Box 948 Tahlequah, OK 74465 elizabeth-toombs@cherokee.org Dear Ms. Toombs, The North Carolina Department of Environmental Quality (NCDEQ) - Division of Mitigation Services (DMS) requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with the proposed UT to Magness Creek mitigation site. The Federal Highway Administration (FHWA) is the lead federal agency for this proposed mitigation project. A USGS Topographic Map and a proposed project conceptual map showing the project area are enclosed. The topographic figure was prepared from the Lawndale, 7.5-Minute USGS Topographic Quadrangle. The project location (Latitude and Longitude) is as follows: (35.4065 N,-81.5293 W). The UT to Magness Creek mitigation project is located in Cleveland County, NC, east of the Town of Lawndale, within the Broad River Basin (03050105) and the NC DMS Targeted Local Watershed (TLW) 03050105080060. Located within a water supply watershed (WS-IV), the project drains directly to Magness Creek and the First Broad River, which is a drinking water source for the City of Shelby and other downstream municipalities. This TLW consists of a mix of rural and commercial land use, with approximately 49% of land dedicated to some form of agricultural production. Like the project area, many streams within this TLW are highly unstable with eroding banks and limited aquatic habitat. Land use within the project area consists predominantly of livestock production but has also included row crops. Project stream reaches have been significantly impacted by historic channelization, unrestricted livestock access, and the removal or impairment of riparian buffers. Most of the reaches are incised, unstable, and exhibit areas of active bank erosion from high flows, hoof shear, and raw banks. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. The project will involve the restoration and enhancement of approximately 3,385 LF of existing stream. Degraded riparian wetlands will be restored and/or enhanced with the NORT�CARQLINA D� Depart-M of 8Mm"Mel4ualiry f North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 implementation of Priority Level 1 restoration, livestock exclusion, and native riparian buffer plantings; however, no wetland credit is being sought. A Best Management Practice (BMP) in the form of a constructed wet pond will be installed in an unstable ephemeral drainage that receives run-off from an area that is frequently used by livestock. Native riparian buffers will be established along all proposed reaches. A conservation easement will be implemented along all project reaches in an excess of 50 feet from the top of bank and will incorporate the BMP as well as some of the existing functional wetlands. Livestock will be excluded from the conservation easement with permanent fencing. We ask that you review this site based on the attached information to determine the presence of any known historic properties. Please feel free to contact us with any questions that you may have concerning this project. Respectfully, Paul Wiesner Western Regional Supervisor North Carolina Department of Environmental Quality Division of Mitigation Services 828-273-1673 Mobile paul.wiesnerOncdenr.gov Western DMS Field Office 5 Ravenscroft Drive Suite 102 Asheville, N.C. 28801 Attachments: Figure 1: USGS Topographic Map Figure 2: Proposed Project Conceptual Map cc: Donnie Brew, FHWA NORT9CARQLINA D DeDartmeM of 8Mm"Mel4ualiry f North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 We Make a Difference INTERNATIONAL August 7, 2018 Milton Cortes, Assistant State Soil Scientist USDA Natural Resources Conservation Service 4407 Bland Rd., Suite 117 Raleigh, NC 27609 Email Milton.Cortes&nc.usda.gov RE: Prime and Important Farmland Soils NCDMS, UT to Magness Creek Mitigation Project Cleveland 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 Cleveland County, North Carolina approximately 1.0 mile southeast of the Town of Lawndale on the United States Geological Survey's (USGS) Lawndale Topographic Quadrangle. The center of the project area is located at 35.4065 N and-81.5293 W. Located within a water supply watershed (WS-IV), the project drains directly to Magness Creek and the First Broad River, which is a drinking water source for the City of Shelby and other downstream municipalities. Existing reaches within the project site flow to the south-southwest where the downstream extent of the project is bordered by Selkirk Drive. Please see the enclosed USGS Topographic Maps for a depiction of the project site location. The UT to Magness Creek 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 or impairment of riparian buffers. Most of the project reaches are incised, unstable, and exhibit areas of active bank erosion from both high flows and livestock access. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. The project will involve the restoration and enhancement of approximately 3,385 LF of existing stream. Degraded riparian wetlands will be restored and/or enhanced with the implementation of Priority Level 1 restoration, livestock exclusion, and native riparian buffer plantings; however, no wetland credit is being sought. A Best Management Practice (BMP) in the form of a constructed wet pond will be installed in an unstable ephemeral drainage that receives run-off from an area that is frequently used by livestock. Native riparian buffers will be established along all proposed reaches. A conservation easement will be implemented along all project reaches in an excess of 50 feet from the top of bank and will incorporate some of the existing functional wetlands. Livestock will be excluded from the conservation easement with permanent fencing. Baker conducted a review of the project area using the US Department of Agriculture Natural Resources Conservation Service's (USDA NRCS) Web Soil Survey. A Soils Classification Report and Map was generated for the soils that are present within the proposed conservation easement. Based on the data determined from this review, there are a total of 10.3 acres of Chewacla loam (ChA) and 0.7 acres of Pacolet sand clay loam (PaC2) within the project area. MBAKERINTL.COM Michael Baker Engineering, Inc. Ballantyne One, 15720 Brixham Hill Avenue Suite 300, Room 336 Charlotte, NC 28277 1 Office: 704.665.2200 We Make a Difference 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 ksuggskmbakerintl.com. Sincerely, 19&1a�gr Kristi Suggs Enclosures: USGS Topographic Map NRCS Soils Classification Report & Map FFPA Form AD-1006 Cc: File We Make a Difference INTERNATIONAL August 7, 2018 NC Wildlife Resource Commission Atlas: Olivia Munzer, Western Piedmont Coordinator 2430 Turner Road Mebane, NC 27302 Email: olivia.munzer&ncwildlife.org RE: Categorical Exclusion Project Review Request UT to Magness Creek Mitigation Project, Cleveland County, NC NCDEQ DMS Full -Delivery Project ID 9100081 Broad River Basin (03050105) Dear Ms. Munzer: 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 Magness Creek 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 Cleveland County, North Carolina approximately 1.0 mile southeast of the Town of Lawndale on the United States Geological Survey's (USGS) Lawndale Topographic Quadrangle. The center of the project area is located at 35.4065 N and-81.5293 W. Located within a water supply watershed (WS-IV), the project drains directly to Magness Creek and the First Broad River, which is a drinking water source for the City of Shelby and other downstream municipalities. Existing reaches within the project site flow to the south-southwest where the downstream extent of the project is bordered by Selkirk Drive. Please see the enclosed Vicinity and USGS Topographic Maps for a depiction of the project site location. The UT to Magness Creek 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 or impairment of riparian buffers. Most of the project reaches are incised, unstable, and exhibit areas of active bank erosion from both high flows and livestock access. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. The project will involve the restoration and enhancement of approximately 3,385 LF of existing stream. Degraded riparian wetlands will be restored and/or enhanced with the implementation of Priority Level 1 restoration, livestock exclusion, and native riparian buffer plantings; however, no wetland credit is being sought. A Best Management Practice (BMP) in the form of a constructed wet pond will be installed in an unstable ephemeral drainage that receives run-off from an area that is frequently used by livestock. Native riparian buffers will be established along all proposed reaches. A conservation easement will be implemented along all project reaches in an excess of 50 feet from the top of bank and will incorporate MBAKERINTL.COM Michael Baker Engineering, Inc. Ballantyne One, 15720 Brixham Hill Ave., Ste. 300 Office 336 Charlotte, NC 28277 1 Office: 704.665.2200 We Make a Difference some of the existing functional wetlands. 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 (hit2s:Hecos.fws.gov/ipac_/), on August 6, 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 two federally listed species. No USFWS designated critical habitats were located within the project boundaries. Scientific Name Common Name Federal Status M otis se tentrionalis Northern long-eared bat Threatened Hexastylis nani ora Dwarf -flowered Heartleaf Threatened On August 6, 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. Myotis septentrionalis (Northern long-eared bat) — Threatened USFWS optimal survey window: June 1- August 15 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 county and/or 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 August 6, 2018 found no known occurrences of the NLEB within two miles of the Project site. No critical habitat has been designated for this species. Hexastylis naniflora (Dwarf -flowered heartleaf) — Threatened USFWS Recommended Survey Window: mid -March — early July The dwarf -flowered heartleaf is a low -growing evergreen perennial that has heart -shape leaves that are four to six centimeters long. The leaves are dark green and leathery and are supported by long thin leaf stems connecting it to an underground stem. The blooms are small, inconspicuous jug -shaped flowers that are usually beige to dark brown or purple. The flowers are found near the base of the leaf stems and are often buried beneath the leaf litter. The plant grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams, and along slopes of nearby hillsides and ravines. We Make a Difference 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 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 (704) 579-4828 or via my email address at ksuaas(a,mbakerintl.com. Sincerely, 11�axr Kristi Suggs Cc: File Enclosures We Make a Difference INTERNATIONAL August 3, 2018 Renee Gledhill -Earley, Environmental Review Coordinator State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Email: Environmental.Reviewkncdcr. og_v RE: Project Review Request UT to Magness Creek Mitigation Project Cleveland County, North Carolina Broad River Basin (Catalog Unit - 03050105) 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 Cleveland County, North Carolina approximately 1.0 mile southeast of the Town of Lawndale. The project is located on the United States Geological Survey's (USGS) Lawndale Topographic Quadrangle. The center of the project area is located at 35.4065 N and-81.5293 W. The project site flows south-southwest and is bordered at the downstream extent by Selkirk Drive. Please see the enclosed Vicinity and USGS Topographic Maps for a depiction of the project site location. The UT to Magness Creek 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 or impairment of riparian buffers. Most of the project reaches are incised, unstable, and exhibit areas of active bank erosion from both high flows and livestock access. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. The project will involve the restoration and enhancement of approximately 3,385 LF of existing stream. Degraded riparian wetlands will be restored and/or enhanced with the implementation of Priority Level 1 restoration, livestock exclusion, and native riparian buffer plantings; however, no wetland credit is being sought. A Best Management Practice (BMP) in the form of a constructed wet pond will be installed in an unstable ephemeral drainage that receives run-off from an area that is frequently used by livestock. Native riparian buffers will be established along all proposed reaches. A conservation easement will be implemented along all project reaches in an excess of 50 feet from the top of bank and will incorporate some of the existing functional wetlands. Livestock will be excluded from the conservation easement with permanent fencing. MBAKERINTL.COM Michael Baker Engineering, Inc. Ballantyne One,15720 Brixham Ave., Suite 300, Office 336 Charlotte, NC 282771 Office:704.665.2200 We Make a Difference An on-line search was conducted on August 3, 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 only one surveyed area of historic reference: Arthur Lee and Lesta Spangler House (Site ID CL0395). Please refer to the enclosed SHPO Map for a depiction of the project area's location relative to the historic property. 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 ksugg`kmbakerintl.com. Sincerely, A a�gp Kristi Suggs Enclosures: Vicinity Map USGS Topographic Map SHPO Map Cc: Eastern Band of Cherokee Indians (EBCI) File We Make a Difference INTERNATIONAL August 3, 2018 Holly Austin Section 106 Assistant Eastern Band of Cherokee Indians P.O. Box 455 Cherokee, NC 28719 Email: hollymaustin&gmail.com RE: Project Review Request UT to Magness Creek Mitigation Project Cleveland County, North Carolina Broad River Basin (Catalog Unit - 03050105) 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 Cleveland County, North Carolina approximately 1.0 mile southeast of the Town of Lawndale. The project is located on the United States Geological Survey's (USGS) Lawndale Topographic Quadrangle. The center of the project area is located at 35.4065 N and-81.5293 W. The project site flows south-southwest and is bordered at the downstream extent by Selkirk Drive. Please see the enclosed Vicinity and USGS Topographic Maps for a depiction of the project site location. The UT to Magness Creek 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 or impairment of riparian buffers. Most of the project reaches are incised, unstable, and exhibit areas of active bank erosion from both high flows and livestock access. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. The project will involve the restoration and enhancement of approximately 3,385 LF of existing stream. Degraded riparian wetlands will be restored and/or enhanced with the implementation of Priority Level 1 restoration, livestock exclusion, and native riparian buffer plantings; however, no wetland credit is being sought. A Best Management Practice (BMP) in the form of a constructed wet pond will be installed in an unstable ephemeral drainage that receives run-off from an area that is frequently used by livestock. Native riparian buffers will be established along all proposed reaches. A conservation easement will be implemented along all project reaches in an excess of 50 feet from the top of bank and will incorporate some of the existing functional wetlands. Livestock will be excluded from the conservation easement with permanent fencing. MBAKERINTL.COM Michael Baker Engineering, Inc. Ballantyne One,15720 Brixham Ave., Suite 300, Office 336 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 ksugg`kmbakerintl.com. Sincerely, A a7e;, Kristi Suggs Enclosures: Vicinity Map USGS Topographic Map Project Area Map Cc: NC State Historic Preservation Office (SHPO) File We Make a Difference INTERNATIONAL August 7, 2018 United States Fish and Wildlife Service Asheville Ecological Services Field Office Atlas: Marella Buncick, Endangered Species Biologist 160 Zillicoa Street Asheville, NC 28801 RE: Categorical Exclusion for UT to Magness Creek Mitigation Project, Cleveland County, NC NCDEQ DMS Full -Delivery Project ID 9100081, Broad River Basin (03050105) IPAC Consultation Code: 04EN1000-2018-SLI-0615 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 Magness Creek 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 Cleveland County, North Carolina approximately 1.0 mile southeast of the Town of Lawndale on the United States Geological Survey's (USGS) Lawndale Topographic Quadrangle. The center of the project area is located at 35.4065 N and-81.5293 W. Located within a water supply watershed (WS-IV), the project drains directly to Magness Creek and the First Broad River, which is a drinking water source for the City of Shelby and other downstream municipalities. Existing reaches within the project site flow to the south-southwest where the downstream extent of the project is bordered by Selkirk Drive. Please see the enclosed Vicinity and USGS Topographic Maps for a depiction of the project site location. The UT to Magness Creek 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 or impairment of riparian buffers. Most of the project reaches are incised, unstable, and exhibit areas of active bank erosion from both high flows and livestock access. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. The project will involve the restoration and enhancement of approximately 3,385 LF of existing stream. Degraded riparian wetlands will be restored and/or enhanced with the implementation of Priority Level 1 restoration, livestock exclusion, and native riparian buffer plantings; however, no wetland credit is being sought. A Best Management Practice (BMP) in the form of a constructed wet pond will be installed in an unstable ephemeral drainage that receives run-off from an area that is frequently used by livestock. Native riparian buffers will be established along all proposed reaches. A conservation easement will be implemented along all project reaches in an excess of 50 feet from the top of bank and will incorporate MBAKERINTL.COM Michael Baker Engineering, Inc. Ballantyne One, 15720 Brixham Hill Ave., Ste. 300 Office 336 Charlotte, NC 28277 1 Office: 704.665.2200 We Make a Difference some of the existing functional wetlands. 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 (hit2s:Hecos.fws.gov/ipac_/), on August 6, 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 two federally listed species. No USFWS designated critical habitats were located within the project boundaries. Scientific Name Common Name Federal Status M otis se tentrionalis Northern long-eared bat Threatened Hexastylis nani ora Dwarf -flowered Heartleaf Threatened On August 6, 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. Myotis septentrionalis (Northern long-eared bat) — Threatened USFWS optimal survey window: June 1- August 15 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 county and/or 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 August 6, 2018 found no known occurrences of the NLEB within two miles of the Project site. No critical habitat has been designated for this species. Hexastylis naniflora (Dwarf -flowered heartleaf) — Threatened USFWS Recommended Survey Window: mid -March — early July The dwarf -flowered heartleaf is a low -growing evergreen perennial that has heart -shape leaves that are four to six centimeters long. The leaves are dark green and leathery and are supported by long thin leaf stems connecting it to an underground stem. The blooms are small, inconspicuous jug -shaped flowers that are usually beige to dark brown or purple. The flowers are found near the base of the leaf stems and are often buried beneath the leaf litter. The plant grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams, and along slopes of nearby hillsides and ravines. We Make a Difference 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. 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 (704) 579-4828 or via my email address at ksuaas(a,mbakerintl.com. Sincerely, 11�axr Kristi Suggs Cc: File Enclosures United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.2ov/nc-es/es/cog fr IPaC Record Locator: 361-13503224 71. risdi s WNNJJUrV. 14L'][ ,N,pf t August 07, 2018 Subject: Consistency letter for the 'UT to Magness Creek Mitigation Project' project (TAILS 04EN1000-2018-R-0615) 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 Magness Creek 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. 08/07/2018 IPaC Record Locator: 361-13503224 The following species may occur in your project area and are not covered by this determination: • Dwarf -flowered Heartleaf, Hexastylis naniflora (Threatened) 08/07/2018 IPaC Record Locator: 361-13503224 3 Project Description The following project name and description was collected in IPaC as part of the endangered species review process. Name UT to Magness Creek Mitigation Project Description The UT to Magness Creek mitigation project is located in Cleveland County, NC, east of the Town of Lawndale, within the Broad River Basin (03050105) and the NC DMS Targeted Local Watershed (TLW) 03050105080060. Located within a water supply watershed (WS- IV), the project drains directly to Magness Creek and the First Broad River, which is a drinking water source for the City of Shelby and other downstream municipalities. Existing reaches within the project site flow to the south-southwest where the downstream extent of the project is bordered by Selkirk Drive. The existing stream reaches have been significantly impacted by unrestricted livestock access and the removal or impairment of riparian buffers. Most of the project reaches are incised, unstable, and exhibit areas of active bank erosion from both high flows and livestock access. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. The project will involve the restoration and enhancement of approximately 3,385 LF of existing stream. Degraded riparian wetlands will be restored and/or enhanced with the implementation of Priority Level 1 restoration, livestock exclusion, and native riparian buffer plantings; however, no wetland credit is being sought. A Best Management Practice (BMP) in the form of a constructed wet pond will be installed in an unstable ephemeral drainage that receives run-off from an area that is frequently used by livestock. Native riparian buffers will be established along all proposed reaches. A conservation easement will be implemented along all project reaches in an excess of 50 feet from the top of bank and will incorporate some of the existing functional wetlands. Livestock will be excluded from the conservation easement with permanent fencing. 08/07/2018 IPaC Record Locator: 361-13503224 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] See Indiana bat species profile Automatically answered No 2. Is the project within the range of the Northern long-eared bat[']? [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['] 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] 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 08/07/2018 IPaC Record Locator: 361-13503224 5 6. Are all project activities greater than 300 feet from existing road/rail surfaces[']? [ 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] 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['] 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 08/07/2018 IPaC Record Locator: 361-13503224 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 08/07/2018 IPaC Record Locator: 361-13503224 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 Biologicalpinion 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. North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper Secretary; Susi H. Hamilton I0[y0lart]29:YYto] August 6, 2018 Kristi Suggs Michael Baker Engineering, Inc. Ballantyne One - 15720 Brixham Hill Ave. Charlotte, NC 28277 RE: UT to Magness Creek Mitigation Project; 167680/01 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:Hwww.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 rod ney.butler&ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Tele--hone: 019) 7DT-8107 LC)CA.TICN 1651 Mail Service Center rt,rrsv.ncnhv.org 121 West hones S7reat Ralaigh, NC 27699-1651 Ralaigh, NG 27603 k \ U \ �a 06 n 06 of e B \ a [ m Cl) a 2 z m \ ) 7 % § ± \ \ ƒ \ < k § � � � � S 2 7 k E cu § § ± § E § ] n o _ u _tm� fz w ®■w�§ t aw CN 9 zk �k�/_ �\/ �\ $ kJ k m � §® �m� 0 z\ \\ W� S2 _ 0 § 3 ƒ \\ 0 ( o E = n E §§ 2� § 3 m m < « u co O \ 7 \2 2 7 \ f \n 'E z D4 \ \ /U 22 2 = � f &2 2 ° ° o n m_ e 0 / CDW (D § \/ J u \D 2cu E $ k ] § ) 2 / z ]/ \§0 ) 2 2 k{ w F- 0 O It § / E J « � � 2 0 \ J 2 k 0 � k0 k � o (D CO �0_ ��w- w§ fe§§= /k' } 0 k0 z= k \ / / / \ ƒ � a 06 / / / B \ »% am m +2 /G =G E� U) 3m .\._ z m m § Wj LLm \ \ \ < \ \ \ k A A A \ Scu \ E § § ± ± 2 ] § cu 0 2§ /z § \ \ \ I m t G t O�ao 0 0 /7 0 \ \ \ § § m 0 • 0 - .m \ 2 . § _0 ,z o m \u 'E n 2) \ \ ! § 2 m m / — - ;o IOIO3 . E \ E - - / 0 i . E k \ / f . e \� 2 .z \ m 2 k = 2 2 a \ \ 2 2 \ k § �/ •: E E } m E o ,g \ 2 / e cu £ n _ �S \ / \ § \ / - f \ \ i. _ _ ° 2 7cu , E $ $ i 2 / / \ ] § .00 C _ \ / ` ° ) ) / k{ ± 2 2 It § / fld P8 tp Li of y Seiwk D, Re ol C', L C; 2 N dam` LO c LLi 0 0 C3 E E W w awe oz It 9 North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director 17 August 2018 Ms. Kristi Suggs Michael Baker International Ballantyne One, 15720 Brixham Hill Ave. Suite 300, Office 336 Charlotte, North Carolina 28277 Subject: Request for Project Review and Comments UT to Magness Creek Mitigation Site Cleveland County, North Carolina NCDEQ DMS Full -Delivery Project ID4100081 Dear Ms. Suggs, Biologists with the North Carolina Wildlife Resource Commission (NCWRC) received your letter on 07 August 2018 requesting review and comment on any possible concerns regarding the UT to Magness Creek Mitigation Site. Biologists with NCWRC have reviewed the provided documents. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). The UT to Magness Creek Mitigation Site is located along Selkirk Drive and south of Schneck Farm Road near Lawndale, Cleveland County, North Carolina. The mitigation site is in agricultural and riparian forested lands. The project will provide compensatory mitigation for unavoidable impacts to streams within the Broad River Basin (HUC 03050105). The project will restore and enhance approximately 3,385 linear feet of an unnamed tributary to Magness Creek and riparian wetlands; however, no wetland credits are being requested. We have records for the federal species of concern and state special concern Broad River spiny crayfish (Cambarus spicatus) along Magness Creek. We have no records of federal or state -listed species at or adjacent to the site. However, the lack of records from the site does not imply or confirm the absence of federal or state rare, threatened, or endangered species. An on -site survey is the only definitive means to determine if the proposed project would impact rare, threatened, or endangered species. Based upon the information provided to NCWRC, it is unlikely that stream and wetland mitigation will adversely affect any federal or state -listed species. However, we recommend leaving snags and mature trees or if necessary, remove tees outside the maternity roosting season for bats (May 15 — August 15). We recommend that riparian buffers are as wide as possible, given site constraints and landowner needs. NCWRC generally recommends a woody buffer of 100 feet on perennial streams to maximize the Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 17 August 2018 UT to Magness Creek Mitigation Cleveland County benefits of buffers, including bank stability, stream shading, treatment of overland runoff, and wildlife habitat. Stream and wetland restoration projects often improve water quality and aquatic habitat. Establishing native, forested buffers in riparian areas will help protect water quality, improve aquatic and terrestrial habitats, and provide a travel corridor for wildlife species. Provided stringent measures are taken to minimize erosion and sedimentation from construction/restoration activities, we do not anticipate the project to result in significant adverse impacts to aquatic and terrestrial wildlife resources. Thank you for the opportunity to provide comments. If I can be of additional assistance, please call (919) 707-0364 or email olivia.munzer&ncwildlife.oM. Sincerely, 0—kt� Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program Ec: William T. Russ, NCWRC North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administcator Governor Roy Cooper Secretary Susi H. I Iamilton September 4, 2018 Kristi Suggs Michael Baker Engineering, Inc. Ballantyne One 15720 Brixham Avenue, Suite 300, Office 318 Charlotte, NC 28277 Office of Archives and History Deputy Secretary Kevin Cherry Re: UT to Magness Creek Mitigation Project, Lawndale, Cleveland County, ER 18-1817 Dear Ms. Suggs: Thank you for your letter of August 3, 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&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 67,Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Office of the Chid Bill John Baker GW SSB D3P Principal Chief CHEROKEE NATION@ JSS&�� E0G,f3 & G P.O. Bax 948 • Tahlequah, OK 74465.0948 • 91845]-5000 • ebkee g S. Joe Crittenden Deputy Principal Chief WPA DWA O-EOGA January 8, 2019 Paul Wiesner North Carolina Department of Environmental Quality Western DMS Field Office 5 Ravenscroft Drive, Suite 102 Asheville, NC 28801 Re: Magness Creek Mitigation Project Mr. Paul Wiesner: The Cherokee Nation (Nation) is in receipt of your correspondence about Magness Creek Mitigation Project, and appreciates the opportunity to provide comment upon this project. Please allow this letter to serve as the Nation's interest in acting as a consulting party to this proposed undertaking. The Nation maintains databases and records of cultural, historic, and pre -historic resources in this area. Our Historic Preservation Office reviewed this project, cross referenced the project's legal description against our information, and found no instances where this project intersects or adjoins such resources. Thus, the Nation does not foresee this project imparting impacts to Cherokee cultural resources at this time. However, the Nation requests that the North Carolina Department of Environmental Quality (NCDEQ) halt all project activities immediately and re -contact our Offices for further consultation if items of cultural significance are discovered during the course of this project. Additionally, the Nation requests that NCDEQ conduct appropriate inquiries with other pertinent Tribal and Historic Preservation Offices regarding historic and prehistoric resources not included in the Nation's databases or records. If you require additional information or have any questions, please contact me at your convenience. Thank you for your time and attention to this matter. Wado, Y_ Elizabeth Toombs, Tribal Historic Preservation Officer Cherokee Nation Tribal Historic Preservation Office elizabeth-toombs@cherokee.org 918.453.5389 From: Erin Thompson [mailto:ethompson@ukb-nsn.gov] Sent: Wednesday, April 10, 2019 10:06 AM To: Brew, Donnie (FHWA) <Donnie.Brew@dot.gov> Subject: RE: Follow-up RE: Request regarding UT to Magness Creek Stream Mitigation Project, Cleveland County, North Carolina The UKB concurs with the recommendation not to conduct a cultural resource survey for the UT to Magness Creek Mitigation Project, Cleveland County, North Carolina. Thank you, Erin Thompson Interim THPO United Keetoowah Band of Cherokee 18627 W. Keetoowah Circle Tahlequah, OK 74464 918-871-2838 (0) 480-275-9009(C)