20240104 Ver 1_CastleHayne_PCN-Attachments_FINAL_20240112

ATTACHMENT A
Preliminary Jurisdictional Determination
(SAW-2023-01508)

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-01391 County: New Hanover U.S.G.S. Quad: NC -Castle Havne
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: CDM Smith, Inc.
Larry Mitchell
Address: 2018 Eastwood Road, Suite 222
Wilmington, NC 28403
E-mail: mitchellw(&cdmsmith.com
Size (acres) +/- 10 Nearest Town Wilmington
Nearest Waterway Northeast Cape Fear River River Basin Cane Fear
USGS HUC 03030007 Coordinates Latitude: 34.272283
Longitude:-77.927013
Location description: The Castle Havne water main proiect area extends from the water plant in Wilmington to iust north of
Arlington Avenue along Castle Havne Road.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/16/2023. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 2 Form Version 10 June 2020 updated

SAW-2023-01391
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at [phone] or
brad.e.shaver(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 08/30/2023.
D. Remarks: This determination was made via desktop and the map dated 511612023 was revised by ECS on
812812023. The map of record is attached.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
Phone: [phone]
AND
PHILIP.A. SHANNIN&USACE.ARMY.MIL

SAW-2023-01391
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by Brad
Shaver
Brad Shaver Date: 2023.08.3012:27:30
Corps Regulatory Official:-04'00'
Date of JD: 08/30/2023 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://re ug lator,�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished(electronic):
ECS attn: Jesse Degnan
Cape Fear Public Utility attn: John Kupinski
NCDOT-Div 3 attn: Mason Herndon

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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant-
CDM Smith Inc., Larry Mitchell
File Number: SAW-2023-01391
Date: 08/30/2023
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑
APPROVED JURISDICTIONAL DETERMINATION
E
❑x
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-
Program-and-Permits/appeals/
or Corps regulations at 33 CFR Part 331.
A:
INITIAL PROFFERED PERMIT: You may accept or object to the permit
•
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept
the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the
LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
•
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
therein, you may request that the permit be modified accordingly. You must complete Section II of this
form and return the form to the district engineer. Upon receipt of your letter, the district engineer will
evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the
permit to address some of your objections, or (c) not modify the permit having determined that the
permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B:
PROFFERED PERMIT: You may accept or appeal the permit
•
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept
the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the
LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
•
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms
and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.

C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of the
Army permit before final action has been taken on the Army permit application. The permit denial without
prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of
the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or
local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be
received by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and
waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Engineers Administrative Appeal Process by completing Section II of this form and sending the form to
the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that
justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal
process. You may submit a request for appeal to the division engineer to preserve your appeal rights
while the district is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the
Corps district for further instruction. Also, you may provide new information for further consideration by the
Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you
If you have questions regarding the appeal process,
may contact:
or to submit your request for appeal, you may
District Engineer, Wilmington Regulatory Division
contact:
Attn: Brad Shaver
Philip Shannin
Wilmington Regulatory Office
Regulatory Appeals Review Officer
U.S Army Corps of Engineers
South Atlantic Division
69 Darlington Avenue
60 Forsyth St SW, Floor M9
Wilmington, North Carolina 28403
Atlanta, Georgia 30303-8803
OhiliP.A.Shan nin2(a)-usace.army.mi1
404-562-5136
SECTION 11 — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary.
You may attach additional information to this form to clarify where your reasons or objections are
addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that
the review officer has determined is needed to clarify the administrative record. Neither the appellant nor
the Corps may add new information or analyses to the record. However, you may provide additional
information to clarify the location of information that is already in the administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and
any government consultants, to conduct investigations of the project site during the course of the appeal
process. You will be provided a 15-day notice of any site investigation and will have the opportunity to
participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent:
Telephone number:

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 8/30/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jesse Degnan, PWS
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington
Castle Hayne Water Transmission Corridor, SAW-2023-01391
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: New Hanover City: Wilmington
Center coordinates of site (lat/long in degree decimal format):
Lat.: 34.272283 Long.:-77.927013
Universal Transverse Mercator: 17
Name of nearestwaterbody: Smith Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑x Office (Desk) Determination. Date: 8/30/2023
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
W 1
34.273073
-77.926683
^-0.2 7 AC
Wetland
404
W2
34.264461
-77.932357
,--, 0.56 AC
Wetland
404
LAMA 1
34.259389
-77.939112
--o 1 , 08 AC
Wetland
404/10
CAMA 2
34.256812
-77.941095
^o0.23 AC
Wetland
404/10
S 1
34.259030
-77.939403
—230 LF
Non -Wetland
404/10
S2
34.272095
-77.926999
—114 LF
Non -Wetland
404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "maybe"waters of the U.S. and/or that there "maybe" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Figure 7: Potential Waters of the U.S. Map
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
x❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name: Fig 2: 1:24,000/Wilmington
❑ Natural Resources Conservation Service Soil Survey. Citation: Fig 3: Soil Survey of New Hanover County
■❑ National wetlands inventory map(s). Cite name: Fig 5: USFWS NWI Mapper
❑ State/local wetland inventory map(s):
■❑ FEMA/FIRM maps: Fig 4: Panel: 3720312900K, 3720312800K, & 3720311800L Dated: 08/28/2018
El
■❑
100-year Floodplain Elevation is:
Photographs: ■❑ Aerial (Name & Date)
Figures 3-6
(National Geodetic Vertical Datum of 1929)
or ■❑ Other (Name & Date): Appendix I I: Site Photos
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Brad Shaver Dateasignedlly 202 08.30 11:27:46by Brad haver
-04'00'
Signature and date of
Regulatory staff member
completing PJD
2023.08.28 16:11:56-0400'
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

ATTACHMENT B
Revised Potential Waters of the U.S Map/Data Forms/Photo log

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U.S. Army Corps of Engineers OMB Control #: 0710-0024, Exp: 1113012024
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT.•
See ERDC/EL TR-10-20; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: South Castle Hayne Waterline City/County: Wilmington/New Hanover Sampling Date: 12/20/23
Applicant/Owner: CDM Smith State: NC Sampling Point: DP1
Investigator(s): Kayla Hess Section, Township, Range: N/A
Landform (hillside, terrace, etc.): depression Local relief (concave, convex, none): Concave Slope (%): 0-2
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.279037 Long:-77.924136 Datum: NAD83
Soil Map Unit Name: Onslow Loamy Fine Sand NWI classification: N/A
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation X Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
This data point represents Wetland 2 which is located on the northern end of the project area within the existing rights -of -way. This wetland is located
in a roadside ditch and has wetland characteristics. Normal conditions are not present because this wetland is located in a maintained roadside ditch
within the rights -of -way.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
x Surface Water (Al)
_Aquatic Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
x High Water Table (A2)
_ Marl Deposits (B15) (LRR U)
X Drainage Patterns (1310)
X Saturation (A3)
—Hydrogen Sulfide Odor (Cl)
—Moss Trim Lines (1316)
—Water Marks (131)
—Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132)
—Presence of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135)
_Other (Explain in Remarks)
_ShallowAquitard (D3)
_ Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes x
No Depth (inches): 3
Water Table Present? Yes x
No Depth (inches): 0
Saturation Present? Yes X
No Depth (inches): 0
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP1
Tree Stratum (Plot size: 30X30 feet )
1. No Trees
2.
3.
4.
5.
6.
7.
8.
50% of total cover: _
Sapling/Shrub Stratum (Plot size: 30X30 feet
1. Itea virginica
2.
3.
4.
5.
6.
7.
8.
50% of total cover: 3
Herb Stratum (Plot size: 30X30 feet )
1. Juncus sp.
2. Typha angustifolia
3. Carex spp.
4.
5.
6.
7.
8.
9.
10.
11.
i VA
50% of total cover: 35
Woody Vine Stratum (Plot size: 30X30 feet )
1. No vines
2.
3.
4.
5.
Absolute Dominant Indicator
% Cover Species? Status
_=Total Cover
20% of total cover:
5 Yes FACW
5 =Total Cover
20% of total cover: 1
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
1
(A)
Total Number of Dominant
Species Across All Strata:
3
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
33.3%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply by:
OBL species 10
x 1 =
10
FACW species 5
x 2 =
10
FAC species 0
x 3 =
0
FACU species 0
x 4 =
0
UPL species 0
x 5 =
0
Column Totals: 15 (A)
20
(B)
Prevalence Index = B/A
=
1.33
_ 1 - Rapid Test for Hydrophytic Vegetation
_2 - Dominance Test is >50%
X 3 - Prevalence Index is <_3.0'
Problematic Hydrophytic Vegetation' (Explain)
20 Yes 'Indicators of hydric soil and wetland hydrology must be
10 No OBL present, unless disturbed or problematic.
40 Yes Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
70 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in
20% of total cover: 14 height.
=Total Cover
50% of total cover: 20% of total cover:
Remarks: (If observed, list morphological adaptations below.)
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-2, JUL 2018
Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type Loc Texture Remarks
0-20 10YR 2/1 100
Mucky Loam/Clay
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_ Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
—Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A in FL, 154)
—Sandy Mucky Mineral (S 1) (LRR O, S)
X Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 150A, 15013)
_Other (Explain in Remarks)
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 149A)
—Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks:
ENG FORM 6116-2, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-0024, Exp: 1113012024
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT.•
See ERDC/EL TR-10-20; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: South Castle Hayne Waterline City/County: Wilmington/New Hanover Sampling Date: 12/20/23
Applicant/Owner: CDM Smith State: NC Sampling Point: DP2
Investigator(s): Kayla Hess Section, Township, Range: N/A
Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): Convex Slope (%): 0-2
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.279068 Long:-77.924173 Datum: NAD83
Soil Map Unit Name: Onslow Loamy Fine Sand NWI classification: N/A
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No X
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
This data point represents the uplands adjacent to Wetland 2
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al)
_Aquatic Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Marl Deposits (B15) (LRR U)
—Drainage Patterns (1310)
—Saturation (A3)
—Hydrogen Sulfide Odor (Cl)
—Moss Trim Lines (1316)
—Water Marks (131)
—Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132)
—Presence of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135)
_Other (Explain in Remarks)
_ShallowAquitard (D3)
_ Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No x Depth (inches): 0
Water Table Present? Yes
No x Depth (inches): 0
Saturation Present? Yes
No x Depth (inches): 0
Wetland Hydrology Present? Yes No x
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP2
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30X30 feet )
% Cover Species?
Status
Dominance Test worksheet:
1. No Trees
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 2 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 2 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
7.
Prevalence Index worksheet:
8.
Total % Cover of: Multiply by:
=Total Cover
OBL species 0 x 1 = 0
50% of total cover:
20% of total cover:
FACW species 0 x 2 = 0
Sapling/Shrub Stratum (Plot size: 30X30 feet
)
FAC species 35 x 3 = 105
1. No Shrub
FACU species 0 x 4 = 0
2.
UPL species 0 x 5 = 0
3.
Column Totals: 35 (A) 105 (B)
4.
Prevalence Index = B/A = 3.00
5.
Hydrophytic Vegetation Indicators:
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
X 2 - Dominance Test is >50%
8.
3 - Prevalence Index is <_3.0'
=Total Cover
-Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
20% of total cover:
Herb Stratum (Plot size: 30X30 feet )
1. Andropogon virginicus
30 Yes
FAC
'Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub -Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
12.
30 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
15 20% of total cover:
6
height.
Woody Vine Stratum (Plot size: 30X30 feet )
1. Smilax rotundifolia
5 Yes
FAC
2.
3.
4.
5.
Hydrophytic
5 =Total Cover
Vegetation
50% of total cover:
3 20% of total cover:
1
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP2
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type Loc
Texture Remarks
0-20 10YR 5/2 100
Sandy
20-24 10YR 8/3 100
Sandy
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_ Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
—Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P,
T) (outside MLRA 138, 152A in FL, 154)
—Sandy Mucky Mineral (S 1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 150A, 15013)
_Other (Explain in Remarks)
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 149A)
—Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes No X
Remarks:
ENG FORM 6116-2, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

Photograph Log
South Castle Hayne Waterline, Castle Hayne, Brunswick County, North Carolina
ECS Project No. 49:19342
Photograph Log
Photo 1 — View of roadside area that's outside of the verified PSA; facing southwest.
Photo 2 — View of roadside area that's outside of the verified PSA; facing northeast.

Photograph Log
South Castle Hayne Waterline, Castle Hayne, Brunswick County, North Carolina
ECS Project No. 49:19342
Photograph Log
Photo 3 — View of a roadside ditch outside of the verified PSA; facing southwest.
Photo 4 — View of a maintained roadside edge; facing southwest.
Photo 3 — View of a roadside ditch outside of the verified PSA; facing southwest.
Photo 4 — View of a maintained roadside edge; facing southwest.

Photograph Log
South Castle Hayne Waterline, Castle Hayne, Brunswick County, North Carolina
ECS Project No. 49:19342
Photograph Log
Photo 5 — View of a roadside ditch; facing southwest.
Photo 6 — View of Tributary 1 which drains across Castle Hayne Road to the east into a
stream; facing south.

Photograph Log
South Castle Hayne Waterline, Castle Hayne, Brunswick County, North Carolina
ECS Project No. 49:19342
Photograph Log
Photo 7 — View of the culvert that Tributary 1 drains through.
Photo 8 — View of the stream that Tributary 1 drains into (located outside of the LOD).

Photograph Log
South Castle Hayne Waterline, Castle Hayne, Brunswick County, North Carolina
ECS Project No. 49:19342
Photograph Log
Photo 9 — View of Wetland 2 within maintained roadside ditch that drains into Tributary 1.
Photo 10 — View of the uplands adjacent to Wetland 2; facing west.

ATTACHMENT C
Impact Exhibits

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ATTACHMENT D
Agent Authorization & NC DOT Encroachment Agreement

FECS S U T E A S, L L PPP Standard for Service"
Geotechnical Construction Materials Environmental Facilities
r • • NC Registered Eagireenng Firm F-7(!?a
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
Property/Site:
Address of Site:
Agent Authorization
Smith Creek Crossing - North - Castle Hayne 1207 LLC
1207 Castle Hayne Rd
Wilmington, NC 28401
Parcel Identification Number (PIN):
Owner Information:
R04100-001-004-000
Name: Castle Hayne 1207 LLC
Address.- 235 East Market Street
PO Box 1457
Smithfield, NC 27577
Telephone Number: 71q — � 3 � 1_/q D t
Fax Number: —�
E-mail Address:
Property Owner Certification:
k- 9 v
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal/State jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1803. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish;
supplemental information in support of this request, including stream/wetland matters in
coordination with the USACE �e NCDWR field verification and permit application:
Property Owner Signature:
r �e..i; 1�., �- r/-e s r✓,.�.�-lo mJ e s , �.•� c .. j' Utz w�.-�w-t/`.� GP S �'i e-
Date:
ECS Capitol Services. PLLC r ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest LLC • ECS Southeast. LLP • ECS Texas, LLP
www.ecsfimited.com

I� �
IJ y� ECS SOUTHEAST, LLP "Setting the Standard for Service'
r.. Geotechnical - Construction Materials - Environmental - Facilities W; ReOsMeWd1:119 n<EoIVj Fee,F 1076
MG Registered Genlogisls Finrn C 406
SC Regislered Engmeenng Fum 3234
Agent Authorization
Property/Site: South Castle Hayne Waterline Project
Address of Site: Southern Limit - 805 Cornelius Harnett Dr, Wilmington, NC 28401
Northern Limit - 2104 Castle Hayne Rd, Wilmington, NC 28401
Parcel Identification Number (PIN): NCDOT ROW - See Above
Client/Applicant Information:
Name: Cape Fear Public Utility Authority - John Kupinski
Address: 235 Government Center Drive
Wilmington, NC 28403
Telephone Number: 910-332-6721
Fax Number: 910-332-6352
E-mail Address: [e-mail]
Authorization:
I, the undersigned, do hereby authorize ECS to act on my behalf and take all actions necessary
for the processing of this request, to furnish supplemental information in support of this request,
including stream/wetland matters in coordination with the USACE and the NCDWR field
verification and permit application: ,
Authorized Signature:
Date:
t Z/ z3
ECS Capitol Services, PLLC - ECS Florida, LLC - ECS Mid -Atlantic, LLC - ECS Midwest, LLC - ECS Southeast, LLP - ECS Texas, LLP
www.ecslimited.com

ECS SOUTHEAST, LLP "Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities INC Registered Engineering Firm F-1078
INC Registered Geologists Firm C-406
SC Registered Engineenng Firm 3239
Property/Site:
Address of Site:
Agent Authorization
Smith Creek Crossing - South - Smith Creek Boatyard Inc
805 Cornelius Harnett Dr
Wilmington, NC 28401
Parcel Identification Number (PIN):
Owner Information
R04805-005-002-000
Name: Smith Creek Boatyard Inc
127 Northern Blvd
Address: Wilmington, NC 28401
Telephone Number: 910-443-5313
Fax Number:
E-mail Address: [e-mail]
Property Owner Certification:
I, the undersigned, a duly authorized owner of record of the property identified above, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
described above, but only within 30 feet of Cornelius Harnett Drive, for the purpose of
conducting a determination of suitability for installation of a possible water pipeline. Nothing
herein shall be considered my consent to such pipeline or easement. (and nothing else)
Property Owner Signature:
Date:05/16/2023
ECS Capitol Services, PLLC • ECS Florida, LLC. • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com

5/19/23, 9:36 AM
PARID:R04100-001-004-000
CASTLE HAYNE 1207 LLC
New Hanover County
1207 CASTLE HAYNE RD
Parcel
Alt ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners (On January1st)
Owner
City
State
Country
Zip
312805.07.6556.000
1207 CASTLE HAYNE RD
WILMINGTON
CGR00
COM-Commercial
241-Construction Services and Supplies
20.73
1-2-INDUSTRIAL DISTRICT
TR 1 E W GODWINS SONS RECOM
FD
CASTLE HAYNE 1207 LLC
SMITHFIELD
NC
27577
THE DATA IS FROM 2023
https://etax.nhcgov.com/pt/Datalets/PrintData let.aspx?pin=R04100-001-004-000&gsp=PROFILEALL&taxyear=2023&jur=NH&ownseq=0&card=1 &roll=... 1 /1

5/19/23, 8:59 AM
PARID: R04117-001-003-000
KINDER MORGAN TERMINALS INC
New Hanover County
2005 6TH ST N
Parcel
Alt ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners (On January1st)
Owner
City
State
Country
Zip
311808.87.6845.000
2005 N 6TH ST
WILMINGTON
CGR00
IND-Industrial
281-Chemical & Allied
72.96
IND-HEAVY INDUSTRIAL DISTRICT
CHEMSERVE TERMINAL
WM
KINDER MORGAN TERMINALS INC
HOUSTON
TX
77210
THE DATA IS FROM 2023
https://etax.nhcgov.com/pt/Datalets/PrintData let.aspx?pin=R04117-001-003-000&gsp= PROF ILEALL&taxyear=2023&jur=NH&ownseq=0&card=1 &roll=... 1 /1

5/19/23, 9:00 AM
PARID:R04805-005-002-000
SMITH CREEK BOATYARD INC
New Hanover County
805 CORNELIUS HARNETT DR
Parcel
Alt ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners (On January1st)
Owner
City
State
Country
Zip
311812.96.6608.000
805 CORNELIUS HARNETT DR
WILMINGTON
CGR00
IND-Industrial
281-Chemical & Allied
1
20.01
IND-HEAVY INDUSTRIAL DISTRICT
TR B CHEMSERVE TERMINAL INC DIV
WM
SMITH CREEK BOATYARD INC
WILMINGTON
NC
28401
THE DATA IS FROM 2023
https://etax.nhcgov.com/pt/Datalets/PrintDatalet.aspx?pin=R04805-005-002-000&gsp=PROFlLEALL&taxyear=2023&jur=NH&ownseq=0&card=1 &roll=... 1 /1

ROUTE NC13sceatteHe—%w PROJECT
DEPARTMENT OF TRANSPORTATION
-AND-
Cape Fear Puhlk: Utdf. Aulhoft
235 Ooyer narn Centel N. NC 28403
STATE OF NORTH CAROLINA
scum Caelm Heym Wa WIM COUNTY OF Newlianwm
RIGHT OF WAY ENCROACHMENT AGREEMENT
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the day of 20 by and between the Department
of Transportation, party of the first part; and ­w Far P,akumkya a-ft
party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route(s) Nc,33coa Haym Road
_ ,located n wRnert9tcn, NC
with the construction andforerectlon of-, w8tmh—dAa9ef8pprordM"420LFor16xh Dip PC850xft.ppudenmc44md1.N* W yk apm art sae epgobm0my4,150LF ar
Mneh HOPE DR 11 hY hWWft dmrea"I drN wNSBn 11* NC133 Coed- Wayne Read rightok y. Addaonelty, a 3"1 h hero and jack scree NC133C89b Hftn Red—n or
- aprY,O Road aR2189.
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of
the first part In the exercise of authority conferred upon It by statute, is wailing to permit the encroachment within the limits of the
right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right
and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
made a part hereof upon the following conditions, to wit:
That the installation, operation, and maintenance of the above described facility will be accomplished In accordance with the party of
the first parrs latest UTILITIES ACCCt4AMODATIONS UAK11 IAI, and such revisions and amendments thereto as maybe in effect at the
date of this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or State U8litles
Manager of the party of the first part.
That the said party of the second part binds and obligates himself to instal and maintain the encroaching facility in such safe and
proper condition that It will not interfere with or endanger travel upon said highway, nor obstruct nor Interfere with the proper maintenance
t ersof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures
necessary dire to the installation and existence of the facilities of the party of the second part, and l at any time the party of the first part
shall require the removal of or changes In the location of the said facilities, that the said party of the second part binds himself, his
successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the
party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights,
flagmen and other warning devices for the protection of traffic in Conformancevdth the latest Manual on Uniform Traffic Control Devices
for Streets and Hiahways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained
from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and
claims for damage that may arise by reason of the Installation and maintenance of this encroachment.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the
Division Engineer of the party of the first fart The party of the second part agrees to exercise every reasonable precaution during
construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams. lakes, reservoirs, other water
Impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations
of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances
and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any
Installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to
remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
first part.
Division
Tha the of the of the surd Pan agrees to assume the actual cost of any inspection of the work considered to be necessary by the
Engineerparty of the first part
That the party of the second part agrees to have availoble at the coratruction site, at all tees during corlstructon, a Dopy of thta
agreement showing l can
of approval by the party of the fret part. The party of the first part reserves the right to stop all work unless
evidence of approval can be shown.
Provided the work contained in this agreement Is being performed on a completed highway open to traffic; the party of the second part
agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will
not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves
the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the
first part.
That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein Is not
begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the
second part from the party of the first part.
During the performance of this contract, the second party, for itself, its assignees and successors In interest (hereinafter referred to as
the 'contractor"), agrees as follows:
a. COM
j;W-R un a wReouhatlons: The contractor shall comply with the Regulations relative to nondiscrimination In Federally-
assletesith d programs of the U. S. Department of Transportation, Tile 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract
b. Nondiscrimination: The contractor, with regard to the work performed by It during the contract, shall not discriminate an the
grounds of race, color, or national origin in the selection and retention of subcontractors, Including procurements of materials
FORM RNV 16.1 (Rev. February 2021)

and leases of equipment The contractor shall not participate either directly or Indirectly In the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix S
of the Regulations.
C. 3olidtatb12for Subcontracts In 91 dinc Pnoc Ants of M_ dale and 9guloment: In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be Performed under a subcontract, Including procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or
national origin.
d. Information and Recants: The contractor shah provide all Information and reports required by the Regulations, or directives
issued twrsuant thereto, and shall permit access b Its books, records, accounts, other sources of Information, and Its
facilities as may be dellemdned by the Department of Transportation or the Federal Highway Administration to be pertinent
to ascertain compliance, with such Regulations or directives. Where any Information required of a contractor Is in the
exclusive possession of another who fails or refuses to furnish this information, the the
contractor shall so certify to
Department of Transportation, or the Federal Highway Administration as appropriate, and shall sat forth whet efforthe It has made to obtain the hNormation.
e. Sanctions for Nonoomollanc�e: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
may determine m rim of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
appropriate, including, but riot limited to,
(1) withholding of payments to the contractor under the contract until the contractor compiles, and/or
(2) cancellation, terndnatbn or suspension of the contract In whole or in part
f. Inoorocreb tn of Pmvtsiona: The contractor shall include the provisions of paragraphs V through `f In every subcontract, IndutlIng procurements of materiels and ]mass of equipment, unless exempt by ffa Regulatlorro, or directives Issued
pursuant thereto. The contractor shall take such action with respect to any subcontract Or ProCurenmant as the Department
of T►ansportalbn or the Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, In the event a contractor becomes involved In, or Is threatened with.
litigation with a subcontractor or supplier as a recut of such direction, the contractor may request the Department of
Transportation to enter Into such litigation to protect the Interests of the State, and, in addition, the Contractor may request
the United States to enter Into such litigation to protect the Interests of the United States.
RNV (161) : Party of the Second Part ceitiftes that this agreement is true and accurate copy of the form
R!W (161) incorporating a1 revisions to date.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the some to be executed the day and
year first above written.
DEPARTMENT OF TRANSPORTATION
BY:
DI
T R W S:
VISION ENGINEER
G ment Center Drive Carol Vandermeyd ri; Deputy Executive Director, CFPUA
Wilmington, NC 28403 235 Government Center Dr. Wilmington, NC 28403
Second Party
INSTRUCTiONS
When the applicant is a corporation Ora municipality, this agreement must have the Corporate seal and be attested by the corporation
secretary or by the empowered city official, unless a waiver of corporate seel and atteststbn by the secretary or by the empowered City
official [son file in the Raleigh office of the State Utilities Manger. In the space provided In this agreement for execution, the name of
the corporation or municipality, shall be typed above the name, and Ode of all persons signing the agreement should be typed directly
below their signature.
When the applicant is not a oorpoatbr, then his signature must be witnessed by one person. The address should be Included In this
agreement and the comes of all persons signing the agreement should be typed directly below their signature.
This agreement must be accompanied, in to form of an attachment, by plans or drawings showing the following applicable Information:
1. Ail roadways and ramps.
2. Right of way lines and where applicable, the control of access lima.
3. Location of the existing and/or proposed encroachment
4. Length, size and type of encroachment
5. Method of Installation.
6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc.
T. Location by highway survey station number. If station number cannot be obtained, locatiah should be shown by distance from
some Identifiable point, such as a bridge, road, Intersection, etc. (To assist in preparation of the encroachment plan, the
8. Drainage structures or nt's roadway Alans bridges If may
bybe wen tthe varbA encroacrhment (show vertical ivision nd hco�rizontal dimensions from encroachment to
nearest part of structure).
9. Method of attachment to drainage structures or bridges.
10. Manhole design.
11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, ate.
12. Length, size and type of encasement where required.
13. On underground crossings, notation as to method of crossing - boring and Jacking, open cut, etc.
14. Location of vents.
GENERAL REQUIREMENTS
1 • Any attachment to a bridge or other drainage sh ions must be approved by the State Utilities Manager in Rslelgh prior to
submission of encroachment agrament to One Division Engineer.
2. All crossings should be as near as possible normal to the centedine of the highway.
3. Minimum vertical clearances of overhead wires and cables above all roadways must cordbrm to dunces set out In the
National Electric Safety Code.
4. Encasements shag extend from ditch line to ditch the In Cut sections and 5' beyond toe of slopes in fill sections.
5. All vents should be extended to the right Of way line or as otherwise required by the Department
3. All pipe encasements as to material and strength shell meet the standards and specifications of the D
F. Any special provisions Ofspecifications as to the performance of the work or the method of constructions that may be required by
the Department must be shown on a separate sheet attached to encroachment agreement provided that such Information cannot
be shown on pans or drawings.
I. The Department's Division Engineer should be given notice by the applicant prior to actual sterling of Installation included In this
agreement

ROUTEPROJECT a-Lmca.%Har.walemm
DEPARTMENT OF TRANSPORTATION
-AND-
CePe Fen PubrctiNryAUU-tty
2350ev m 110ntnN.NC28/03
THIS AGREEMENT, made and entered into this the day of
of Transportation, party of the first part; and Cape Fee; PutaatAaYANlmdty
STATE OF NORTH CAROUNA
COUNTY OF NaaHannun
RIGHT OF WAY ENCROACHMENT AGREEMENT
PRIMARY AND SECONDARY HIGHWAYS
20 23 by and between the Department
party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
ROUte(ti) Correia. Harm dtm NC133 asade Hare Rued
, located la wrntrelon, NC
with the construction and/or erection of.. wantdk,amn"N9-FeppaalMW*72DLFa164nuhDIP AC360.ZMLFm1"chPVC ORIsandllOLFar18-h*HOPE OR11
vdtl, eppxbnnp.end ire hyd,nbvie ePn ed witliNfhe NC133 Castle Hr bRoad d9M-k -APpo*W*2,126LF of thbooWine iMbei,Nnbd b On nlddbba,I Ina ofNC133 Caaae Haym Reed.
Admtlonalry. MWmft** 380LF of 16inch HDPE DR 11 vAi ba nnered by he U-W dieotl..I ddl cabin tin NC133 Ceaia Haym Rmd dgha &-my.
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of
the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the
right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right
and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
made a part hereof upon the following conditions, to wit:
That the installation, operation, and maintenance of the above described facility will be accomplished in accordance we the party of
the first part's.latest UTILITIES ACCOMMODATIONS MANUAL and such revisions and amendments thereto as maybe in effect at the
date of this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or State Utilities
Manager of the party of the first part.
That the said party of the second part binds and obligates himself to instal and nmaintain the encroaching facility in such safe and
Proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor Interfere with the proper maintenance
thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to Its roadways and structures
nacassary, due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part
shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his
successors and assigns, to promptly remove or alter the sold facilities, In order to conform to the said requirement, without any cost to the
party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal I Ights,
flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on redo Control rl--
for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained
from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to i demnty and save harmless the party of the first part from all damages and
claims for damage that may arise by reason of the installation and maintenance of this encroachment.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the
Division Engineer of the party of the first part The party of the second part agrees to exercise every reasonable precaution during
construction and maintenance to prevent eroding of soil; ailtrg or pollution of rivers, streams, lakes, reservoirs, other water
Impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations
of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances
and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any
Installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to
remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
first part.
That the party of the second part agrees to assume the actual coat of any Inspection of the work considered to be necessary by the
Division Engineer of the, party of the first part
That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this
agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to atop all work unless
evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to traffic, the party of the second part
agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will
not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves
the right to stop all work until the facility has been brought Into compliance or removed from the right of way at no cost to the party of the
first part,
That It Is agreed by booth parties that this agreement shall become void If actual construction of the work contemplated herein is not
begun within one (1) year from the date of authorization by the pansy of the first part unless written waiver Is secured by the party of the
second part from the party of the first part,
During the performance of this contract, the second pertly, for Itself, Its asalgnees and successors in interest (hereinafter referred to as
the "contractor"), agrees as follows:
a. Comolance with Rea Irk: The contractor shall comply with the Regulations relative to nondiscrimination In Federally -
assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract
b. Nomilscriminatlon: The contractor, with regard to the work performed by it during the contractt shall not discri nkmts on the
grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials
FORM RAN 16.1 (Rev. February 2021)

and leases of equipment The contractor shall not participate either directly or Indirectly in the discrimination prohibited by
Section 21.5 of the Regufatirs, including employment practices when the contract covers a pram set forth In Appendix B
of the Regulations.
c Sciicitatbns fr Subcontracts Ind vlinc Procurements of srlals and Egty� In all solicitations either by competlove
bidding or negotiation made by the contractor for work to be performed under a subcontract, Including procurements of
materials or leases of equipment, each potential subcontractor or supplier shelf be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of moo, color, or
national origin.
d. Itfornatlon ling Reports: The contractor shall provide all Information and reports required by the Regulations, or directives
Issued pursuant thereto, and shall permit socees to Its books, records, accounts, other sources of infomhawn, and its
facilities as may be determined by the Department of Transportation or the Federal Highway Ad�nistratlon to be pertinent
to ascertain compliance with such Regulations or directives. Where any Information required � a contractor ls In the
exclusive pos�sion of another who fails or mill as to furnish this information, the contractor shall so certify to the
Department of the Information.
nfo m ion, . the Federal Highway Administration as appropriate, and shall set forth what efforts t has
made to obtain the Irfomator.
e. Sanctions for Noncompliance: In the event of tine contras toea noncompliance with the nondiscrimination provisions of this
contract, the Department of Transportation shall Impose such contract sanctions as it or the Federal Highway Administration
may deterndne to be appropriate, Including, but not limited to,
(1) withholding of payments to the oonhactr under the contract until the contractor complies, and/or
(2) cancellation, termination or suspension of the contract in whole or In part.
f. Incorporason of Provisto : The contractor shoo include the provisions of paragraphs 'a' through In every subcontract,
inchuding procurements of materiels and Weasel of equipment, unless exempt by the Regulations, or directives Issued
pursuant thereto. The cxmtractr shall take such action with respect to any subcontract or procurement as the Department
Of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for nohcomplianoa: Provided, however, that, In the event a contractor becomes Involved In, or is threatened with,
litigation with a subcontractor cr supplier as a result of su c h direction, the contractor may request the Department of
Transportation to enter Into such litigation to protect the interests of the State, and, in addition, the oontmctor may request
the United States to enter Into such litigation to protect the Interests of the United States.
R/W (161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W (161) incorporating all revisions to date.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
year first above written.
IGo
O ES
ve ant Center Drive
Wilmington, NC 28403
DEPARTMENT OF TRANSPORTATION
BY:
DIVISION ENGINEER
Carel Vandemteyden, Deputy Executive Director, CFPUA
235 Government Center Dr. Wilmington, NC 28403
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municilrality, this agreement must have the corporate seat and be attested by the corporation
secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City
oHkial Is on No In the Raleigh office of the State utilities Manager. In the spars provided in this agreement for exeoldlon, the name of
the riratio orsignatmunicipality shall be typed above the name, turd tide of all persona signing the agreement should be typed directly
below theWhen to applicant is not a corporation, then his signature must be witnessed by one person. The address should be Included In this
agreement and the names of all persons signing the agreement should be typed directly below their signature.
This agreement must be accompanied, In the form of an attachment by plans or drawings showing the following applicable Information:
1. All roadways and ramps.
2. Right of way lines and where applicable, the control of access lines.
3. Location of the existing and/or proposed encroachment
4. Length, size and type of encroachment.
5. Method of installation.
6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc.
7. Location by highway survey station number. If station number cannot be obtainer!, location should be shown by distance from
some identifiable pobt, such as a bridge, road, Intersection, etc. (To assist in preparation of the encroachment plan, the
Departments roadway plans may be seen h offloo.)
a. Drainage structures or bridges If at affected byencroachment the various i(show owvertks andnhorizoivision Offloas, ontal dknensir at the ioons from encroachment to
nearest part of structure).
9. Method of attachment to drainage structures or bridges.
10. Manhole design.
11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc.
12. Length, size and type of encasement where required.
13. On underground crossings, notation as to method of crossing - boring and jacking. open cut. etc.
14. Location of vents.
GENERAL REQUIREMENTS
1. Any attachment to a bridge or other drainage structure must be approved by the State UNdes Manager In Raleigh prior to
submission of encroechmerrt agreement to the Division Engineer.
2. AA crossings should be as near as possible normal to the oentedine of the highway.
3. Minimum vertical clearances of overhead wires and cables above all roadways rust conform to clearances set out in the
National Electric Safely Code.
4. Encasements shall extend from ditch line to ditch line in cut sections and 5' beyond toe of slopes in fit aectiors.
5. AN vends should be extended to the right of way line or as otherwise required by the Department
5. All pipe encasements as to material and strength shag meet the standards and specificato a of the Department.
7. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by
the Department must be shown on a separate sheet attached to encroachment agreement provided that such Information cannot
be sham on plars or drawings.
B. The Departient's Division Engineer should be given notice by the applicant prior to actual starting of Installation included in this
agreement

ATTACHMENT
USFWS Email Concurrence & Biological Opinion Request

Timothy P O'Halloran, PWS
From: Timothy P O'Halloran, PWS
Sent: Monday, December 11, 2023 11:02 AM
To: Timothy P O'Halloran, PWS
Subject: FW: Castle Hayne Site T&E Concurrence Request (Project Code 2023-0058574)
Attachments: Castle Hayne T&E Concurrence Request Letter.pdf, [EXTERNAL] Fw: River Road T&E
Concurrence Request (USFWS Project Code 2023-0059335)
TIMOTHY P O'HALLORAN, PWS I Environmental Project Manager
ECS SOUTHEAST, LLC I T 704.525.5152 C 980.920.9615
[e-mail] I www.ecslimited.com
,nfid 'al/proprietary message/attachments. Delete message/attachments if not intended recipient.
From: Matthews, Kathryn H <kathrvn [e-mail]>
Sent: Wednesday, September 27, 2023 9:44 AM
To: Jesse M Degnan, PWS <[e-mail]>
Subject: [EXTERNAL] Fw: Castle Hayne Site T&E Concurrence Request (Project Code 2023-0058574)
From: Matthews, Kathryn H <kathrvn [e-mail]>
Sent: Wednesday, September 27, 2023 9:38 AM
To: [e-mail] <[e-mail]>
Cc: [e-mail] <[e-mail]>; Mann, Leigh <leigh [e-mail]>
Subject: Re: Castle Hayne Site T&E Concurrence Request (Project Code 2023-0058574)
Hi Alex,
Sorry for the tardiness in our review of this project. The Service concurs with the species determinations for
all of the species you listed, with the exception of eastern black rail, northern long-eared bat (NLEB), tricolored
bat (TCB), and bald eagle. Please refer to our online Project Planning and Consultation website to assist you
with development of review packages, and also with guidance for making
determinations. https://www.fws.gov/office/eastern-north-carolina/project-planning-and-consultation. There
is also a Determination key (DKey) available for NLEB on IPaC, which I will discuss further, below.
Action Area: It appears that you consider the action area to be only the areas where above -ground
disturbance is proposed, and do not include the areas that will be crossed by HDD. However, the Service
typically includes the entire alignment in the action area, due to the potential for unintentional release of
drilling fluids and other potential impacts. In the future, please consider the entire alignment when
determining potential impacts to listed species. In the action area around the alignment, there is suitable
habitat for eastern black rail, NLEB, TCB, and bald eagle nests are potentially present within 660 feet of the
alignment. Therefore, a "no effect" (NE) determination is not appropriate for these species.
Eastern black rail: The review package states that the marsh adjacent to and under the HDD alignment is
suitable habitat for the species. However, if best management practices are followed to avoid and minimize

potential impacts to the marsh habitat, the Service can concur with a determination of "not likely to adversely
affect" (NLAA).
NLEB and TCB: Both species roost in trees and are active year-round in the coastal plain of North Carolina. In
addition, TCB may be present in roadside culverts or karst caves in the coastal plain any time of year. Wooded
areas with trees greater than 3 inches dbh are suitable for roosting. Therefore, there is suitable habitat on the
site. Tree removal may affect NLEB and TCB, and culvert removal or modification (any time of year) may affect
TCB. The Service has a determination key (Dkey) for NLEB on IPaC, which should be used to make an
appropriate determination for NLEB. I ran the project through the Dkey (based on the mapping you provided)
and the appropriate determination is NLAA. For TCB, since it is proposed and not listed, the appropriate
determination is "not likely to jeopardize the existence of the species." If the species is listed before the trees
are removed (or if existing culverts >36 inches in diameter are removed or modified), then the Corps will need
to coordinate with us again.
Bald Eagle: There appears to be suitable nesting habitat within 660 feet of the site. Large trees near large
waterbodies are highly suitable for bald eagle nests, and the National Bald Eagle Management Guidelines
buffers bald eagle nests by 660 feet and considers work inside those buffers to be potentially impactful. Based
upon the statement that a survey was conducted and no bald eagle nests were documented, the Service
recommends a determination of "no Eagle Permit required."
To summarize, the Service can concur with a NLAA determination or agree to a NE determination for listed
species from this project. For TCB, if the species is listed before the tree removal is completed, the Corps will
need to coordinate with us again. Please let me know if you have questions.
Please note that I am teleworking Wednesday through Friday, every week. I have a new phone number - See
Below!
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
NEW Phone! 984-308-0852
From: Alex Morley, PWS <[e-mail]>
Sent: Thursday, March 23, 2023 2:04 PM
To: Raleigh, FW4 <[e-mail]>
Cc: Amanda Connor <[e-mail]>
Subject: [EXTERNAL] Castle Hayne Site T&E Concurrence Request

his email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Good morning,
Please see the attached Threatened and Endangered Species Concurrence Request for the Castle Hayne Site located off
of Castle Hayne Road in Wilmington, New Hanover County, North Carolina. Let me know if you require any additional
information.
Thank you for your assistance,
ALEX MORLEY, PWS I Environmental Staff Project Manager
ECS SOUTHEAST, LLP
T 770.590.1971 C 470.510.9570
1281 Kennestone Circle NE, Suite 200, Marietta, GA 30066
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March 23, 2023
U.S. Fish and Wildlife Service
Raleigh Ecological Services Field Office
551 Pylon Drive,
Suite F,
Raleigh, North Carolina 27636-3726
Reference: Request for Concurrence
Threatened and Endangered Species/Critical Habitat
Castle Hayne Water Line Site
S. Castle Hayne Road
Wilmington, New Hanover County, North Carolina
ECS Project No. 49:19342-C
To Whom It May Concern:
ECS Southeast, LLP (ECS), on behalf of our client, CDM Smith, is requesting concurrence
concerning the possible presence of threatened and endangered species and their habitats.
BACKGROI min
The Project Study Area (PSA) is located along S. Castle Hayne Road, New Hanover County,
Wilmington, North Carolina (Figure 1). The site is approximately 13,200 feet in length and 30 feet
wide totaling approximately 10 acres. The site currently consists of wooded land, Smith Creek,
and associated floodplain. Surrounding areas consists of commercial properties, single -family
residences, and wooded land. The US Geological Survey (USGS) topographic map for the site
depicts an unnamed riverine and wetlands are within the PSA (Figure 2). ECS understands the
proposed project consists of the installation of a water main along Castle Hayne Road.
'TC D,ECONNA'C'SANr'
ECS personnel conducted a site reconnaissance on February 22, 2023. The site currently
consists of wooded land, Smith Creek, and associated floodplain. The wooded land consisted of
a mix of pine and hardwood species, ranging from approximately 5-20 years in age. Moderately
dense to dense understory vegetation was observed within the wooded land. Surrounding areas
consists of commercial properties, single -family residences, and wooded land.
DATABASE REVIEW
ECS utilized the USFWS Information for Planning and Consultation (IPaC) project planning tool
to identify federally protected threatened and endangered species in New Hanover County, North
Carolina. The following federally protected threatened and/or endangered species were identified
in the resulting IPaC resource list (see attached) for New Hanover County, North Carolina:
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Common Name
Scientific name
Federal Status
Birds
Bald Eagle
Haliaeetus leucocephalus
BGPA
Piping Plover
Charadrius melodus
T
Red Knot
Calidris canutus rufa
T
Red -cockaded Woodpecker
Picoides borealis
E
Eastern Black Rail
Laterallus jamaicensis
T
Mammals
West Indian Manatee
Trichechus manatus
T
Northern Long -Eared Bat
Myotis septentrionalis
T
Tricolored Bat
Perimyotis subflavus
P
Reptiles
American Alligator
Alligator mississippiensis
T
Green Sea Turtle
Chelonia mydas
T
Leatherback Sea Turtle
Dermochelys coriacea
E
Kemp's Ridley Sea Turtle
Lepidochelys kempii
E
Loggerhead Sea Turtle
Caretta caretta
T
Flowering Plants
Cooley's Meadowrue
Thalictrum cooleyi
E
Rough -leaved Loosestrife
Lysinachia asperulaefolia
E
Seabeach Amaranth
Amaranthus pumilus
T
Golden Sedge
Carex lutea
E
Snails
Magnificent Ramshorn
Planorbella magnifica
P
BGPA = Bald and Golden Eagle Protection Act
E =
Endangered
T =
Threatened
CH
= Critical Habitat
P =
Proposed
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SPECIES/HABITAT DESCRIPTION
Bald Eagle
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Description: Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller,
weighing as much as 10 pounds and have a wingspan of 6 feet. Bald eagles are mostly dark
brown until they are four to five years old and acquire their characteristic coloring.
Habitat: Bald eagles live near rivers, lakes, and marshes where they can find fish, their staple
food. bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and
carrion. Bald eagles require a good food base, perching areas, and nesting sites. Their habitat
includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the birds
congregate near open water in tall trees for spotting prey and night roosts for sheltering.
Conclusions: The site consists of wooded land, Smith Creek, and associated floodplain. Bald
eagles, eagles, or eagle nests were not observed during the site reconnaissance. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Based on our knowledge and site observations, suitable habitat for the bald eagle is not
located on site. ECS has concluded that the proposed water main will have no effect on the
species.
Piping Plover
Description: The piping plover is a small, stocky shorebird that resembles a sandpiper. They are
approximately seven inches in length with a wingspan of approximately 15 inches. Piping plovers
are a pale brownish color with a white underside and are distinguished by a black band across
their forehead over their eyes and a black ring around the base of their necks.
Habitat: The piping plover breeds along the entire eastern coast of the United States. North
Carolina is uniquely positioned in the species' range, being the only State where the piping
plover's breeding and wintering ranges overall and the birds are present year-round. They nest
most commonly where there is little or no vegetation, but some may nest in stands of beach grass.
The nest is a shallow depression in the sand that is usually lined with shell fragments and light-
colored pebbles.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Open beaches and associated dune areas were not observed at the site. Based on our
site observations, suitable habitat for the piping plover was not observed on the site. ECS has
concluded that the proposed water main will have no effect on the species.
Red Knot
Description: Red knots are highly migratory birds that have been known to migrate distances of
9,000 miles. They have a wingspan of approximately 20 inches in length. Red knot's coloration
will vary depending on the season. In the spring, adults are finely mottled with grays, black and
light ochre, running into stripes on the crown and their throats, breast, and sides are a cinnamon-
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brown color. Adults in the winter lose their reddish -brown coloration on their throats, breasts, and
sides.
Habitat: The red knot is one of the six recognized subspecies of red knots and is the only
subspecies that routinely travels along the Atlantic coast of the United States during the spring
and fall migrations. It is known to winter in North Carolina and to stop over during migration.
Habitats used by red knots in migration and wintering areas are similar in character: coastal
marine and estuarine habitats with large areas of exposed intertidal sediments. In North America,
red knots are commonly found along sandy, gravel, or cobble beaches, tidal mudflats, salt
marshes, shallow coastal impoundments and lagoons, and peat banks. Ephemeral features such
as sand spits, islets, shoals, and sandbars, often associated with inlets can be important habitat
for roosting.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Based on our site observations, suitable habitat for the red knot was not observed on the
site. ECS has concluded that the proposed water main will have no effect on the species.
Red -cockaded Woodpecker
Description: The red -cockaded woodpecker (RCW) is a small bird measuring about 7 inches in
length. Identifiable by its white cheek patch and black and white barred back, the males have a
few red feathers, or "cockade". These red feathers usually remain hidden underneath black
feathers between the black crown and white cheek patch unless the male is disturbed or excited.
Female RCWs lack the red cockade. Juvenile males have a red 'patch' in the center of their black
crown. This patch disappears during the fall of their first year at which time their 'red -cockades'
appear.
Habitat: Red -cockaded woodpecker habitat includes forests with trees old enough for roosting,
generally at least 60-120 years old, depending on species of pine. The most prominent adaptation
of RCWs is their use of living pines for cavity excavation.
For nesting and roosting habitat, red -cockaded woodpeckers need open stands of pine containing
trees 60 years old and older. RCWs need live, large older pines in which to excavate their cavities.
Longleaf pines (Pinus palustris) are preferred, but other species of southern pine are also
acceptable. Dense stands (stands that are primarily hardwoods, or that have a dense hardwood
understory) are avoided. Foraging habitat is provided in pine and pine hardwood stands 30 years
old or older with foraging preference for pine trees 10 inches or larger in diameter. In good,
moderately stocked, pine habitat, sufficient foraging substrate can be provided on 80 to 125 acres.
Roosting cavities are excavated in living pines, and usually in those which are infected with a
fungus known as red -heart disease. The aggregate of cavity trees is called a cluster and may
include 1 to 20 or more cavity trees on 3 to 60 acres. The average cluster is about 10 acres.
Completed cavities that are being actively used have numerous, small resin wells which exude
sap. The birds keep the sap flowing as a cavity defense mechanism against rat snakes and
other tree climbing predators.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Based on the habitat within the PSA, it was concluded that habitat for the red- cockaded
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woodpecker was not present within the site. ECS has concluded that the proposed water main
will have no effect on the species.
Eastern Black Rail
Description: Eastern Black Rails are from 10-15 centimeters in total length and have a
wingspan of 22-28 cm. Adults are generally pale to blackish -gray, with a small blackish bill and
bright red eyes. The underparts from chin to abdomen are uniformly colored but are lighter on
the chin and through. The underparts from chin to abdomen are uniformly colored but are lighter
on the chin and throat. The nape and upper back are chestnut and the remaining back, upper
tail feathers and remiges (wing flight feathers) are dark gray to blackish with small white spots,
sometimes washed with chestnut -brown. The lower abdomen, under tail feathers and flanks are
streaked with black and have narrow white and dark gray barring washed with chestnut. The
lower legs and toes are a brownish -gray or gray to blackish -brown.
Habitat: Eastern black rail habitat can be tidally or non -tidally influenced, and range in salinity
from salt to brackish to fresh. Tidal height and volume vary greatly between the Atlantic and Gulf
coasts and therefore contribute to differences in salt marsh cover plants in the bird's habitat. In
the northeastern United States, the eastern black rail can typically be found in salt and brackish
marshes with dense cover but can also be found in upland areas of these marshes. Further
south along the Atlantic coast, eastern black rail habitat includes impounded and unimpounded
salt and brackish marshes.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Based on the habitat within the PSA, it was concluded that habitat for the eastern black
rail is present on site, however any marsh area will be jack and bored. ECS has concluded that
the proposed water main will have no effect on the species.
West Indian Manatee
Description: The West Indian manatee is a large, aquatic mammal. There are two subspecies of
West Indian manatees: the Antillean manatee, and the Florida manatee. Due to their eating
habits, manatees are nicknamed "sea cows" because they eat sea grasses and other aquatic
plants.
Habitat: The West Indian Manatee prefers slow moving rivers, estuaries, saltwater bays, canals,
and other coastal areas.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Based on the habitat within the PSA, it has been concluded that suitable habitat for the
West Indian Manatee does not exists within the PSA. No individuals were observed during the
site reconnaissance. ECS has concluded that the developments will have no effect on the
species.
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Northern Long-eared Bat
Description: The Northern long-eared bat is a medium sized bat approximately three to 3.7
inches in length with a wingspan of nine to ten inches in length. The name comes from the
characteristic long ears that distinguish this bat species from other species of bats.
Habitat: 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 North Carolina. 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). Males and non -reproductive females may also roost in cooler places,
like caves and mines. 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. 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.
Conclusions: The site consists of wooded land, Smith Creek, and associated floodplain. The
utility construction will require minor clearing. Impacts to wetlands will either be temporary orjack
and bored. The species is not known for long-distance migrations and caves and subterranean
mines are rare in eastern North Carolina. Suitable habitat, including mines, trees with loose bark,
for the NLEB are not present on the site. ECS has concluded that the proposed water main will
have no effect on the species.
Tricolored Bat
Description: The tricolored bat is a small insectivorous bat that is distinguished by its unique
tricolored fur and often appears yellowish to nearly orange.
Habitat: Tricolored bats have a wide range across the eastern and central United States and
portions of southern Canada, Mexico, and Central America. During the winter, tricolored bats
are often found in caves and abandoned mines, although in the southern United States, where
caves are sparse, tricolored bats are often found roosting in road -associated culverts where
they exhibit shorter torpor bouts and forage during warm nights. During the spring, summer, and
fall, tricolored bats are found in forested habitats where they roost in trees, primarily among
leaves of live or recently dead deciduous hardwood trees, but may also be found in Spanish
moss, pine trees, and occasionally human structures.
Conclusions: The site consists of wooded land, Smith Creek, and associated floodplain. The
utility construction will require minor clearing. Impacts to wetlands will either be temporary or
jack and bored. The species is not known for long-distance migrations and caves and
subterranean mines are rare in eastern North Carolina. Suitable habitat, including mines, trees
with loose bark, for the tricolored bat are not present on the site. ECS has concluded that the
proposed water main will have no effect on the species.
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American Alligator
Description: The alligator can be distinguished from the crocodile by its head shape and color.
The crocodile has a narrower snout, and unlike the alligator, has lower jaw teeth that are visible
even when its mouth is shut. In addition, adult alligators are black, while crocodiles are brownish
in color. The alligator has a large, slightly rounded body, with thick limbs, a broad head, and a
very powerful tail that it uses to propel itself through water. The tail accounts for half the alligator's
length. While alligators move very quickly in water, they are generally slow -moving on land,
although they can be quick for short distances.
Habitat: Alligators are usually found in freshwater, slow -moving rivers. They also live
in swamps, marshes and lakes.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. No individuals were observed within the PSA. ECS has concluded that the proposed water
main will have no effect on the species.
Green Sea Turtle
Description: Green Sea turtles are approximately four feet in length and can weigh up to
approximately 440 pounds. They have heart -shaped shells with a small head and flippers with a
single claw. The adult carapace is smooth and keelless and can be light to dark brown in color.
Habitat: The green sea turtle is found in temperate and tropical oceans and seas. Nesting in
North America is limited to small communities on east coast of Florida requiring beaches with
minimal disturbances and a sloping platform for nesting (they do not nest in NC). The green sea
turtle can be found in shallow waters. They are attracted to lagoons, reefs, bays, mangrove
swamps, and inlets where an abundance of marine grasses can be found, as this is the principle
food source for the green turtle.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Open beaches were not observed in the vicinity of the site. Based on our site observations,
suitable habitat for the green sea turtle was not observed on the site. ECS has concluded that the
proposed water main will have no effect on the species.
Leatherback Sea Turtle
Description: Leatherback Sea turtles are approximately four to eight feet in length and can weigh
up to approximately 500 to 2000 pounds. Its shell is composed of a mosaic of small bones covered
by a firm, rubbery skin with seven longitudinal ridges. The skin is predominately black with variable
pale spotting.
Habitat: Leatherbacks are distributed world-wide in tropical waters of the Atlantic, Pacific, and
Indian oceans. They are generally open ocean species and may be common off the North
Carolina coast during certain times of the year. However, in northern waters leatherbacks are
reported to enter bays, estuaries, and other inland bodies of water. Major nesting areas occur
mainly in tropical regions. In the United States, primary nesting areas are in Florida, however
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nests are known from Georgia, South Carolina, and North Carolina as well. Nesting occurs from
April to August. Leatherbacks need sandy beaches backed with vegetation in the proximity of
deep water and generally with rough seas. Beaches with a relatively steep slope are usually
preferred.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Open beaches were not observed in the vicinity of the site. Based on our site observations,
suitable habitat for the leatherback sea turtle was not observed on the site. ECS has concluded
that the proposed water main will have no effect on the species.
Kemp's Ridley Sea Turtle
Description: The Kemp's ridley sea turtle is the smallest of the sea turtles, reaching
approximately two feet in length and weighing up to 100 pounds. They have an oval carapace
that is almost wide as it is long. The carapace has five pairs of costal scutes and in each bridge
adjoining the plastron to the carapace, there are four inframarginal scutes.
Habitat: Kemp's ridley sea turtle is the smallest of the sea turtles that visit North Carolina's coast
and has been sighted in most coastal counties. While most of this sea turtle's nesting occurs in
Mexico, the species is known to nest on North Carolina beaches infrequently. Sightings of the
species exist for most coastal counties. Kemp's ridley sea turtle can lay eggs as many as three
times during the April to June breeding season. Kemp's ridley sea turtles prefer beach sections
that are backed up by extensive swamps or large bodies of open water having seasonal narrow
ocean connections and a well-defined elevated dune area. The species prefers neritic areas with
sandy or muddy bottoms.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Open beaches were not observed in the vicinity of the site. Based on our site observations,
suitable habitat for the Kemp's ridley sea turtle was not observed on the site. ECS has concluded
that the proposed water main will have no effect on the species.
Loggerhead Sea Turtle
Description: Loggerhead Sea turtles have larger heads relative to body sized when compared
to green sea turtles. They are a reddish -brown color. They can average approximately three feet
in size and weigh approximately 200 pounds.
Habitat: The loggerhead is widely distributed within its range and is found in three distance
habitats during their lives. These turtles may be found hundreds of miles out in the open ocean,
in neritic areas, or on coastal beaches. In North Carolina, this species has been observed in every
coastal county. Loggerheads occasionally nest on North Carolina beaches and are the most
common of all the sea turtles that visit the North Carolina coast. They nest nocturnally, at two -to -
three -year intervals, between May and September, on isolated beaches that are characterized by
fine-grained sediments. In near shore areas, loggerheads have been observed in bays, lagoons,
salt marshes, creeks, ship channels, and mouths of large rivers. Coral reefs, rocky places, and
shipwrecks are often used as foraging areas.
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Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Open beaches were not observed in the vicinity of the site. Based on our site observations,
suitable habitat for the loggerhead sea turtle was not observed on the site. ECS has concluded
that the proposed water main will have no effect on the species.
Cooley's Meadowrue
Description: Cooley's meadowrue is a perennial herb, which grows from a rhizome. In an ideal
condition, such as full sun, the stems are erect; however, when shaded, they are lax and trail
along the ground and lean on plants. They have compound leaves divided into three parts and
the leaflets are lance shaped.
Habitat: Cooley's meadowrue, documented in the Pine Savanna natural community, occurs in
circumneutral soils in sunny, moist to wet grass -sedge bogs, wet -pine savannas over calcareous
clays, and savannah -like areas, often at the ecotones of intermittent drainages or non-riverine
swamp forests. This rhizomatous perennial herb is also found along plowed firebreaks, roadside
ditches and right-of-way, forest clearings dominated by grass or sedge, and power line or utility
rights -of -way. The species requires some type of disturbance (e.g., mowing, cleaning, periodic
fire) to maintain its open habitat. The plant typically occurs on slightly acidic (pH 5.8-6.6) soils that
are loamy fine sand, sandy loam, or fine sandy loam; at least seasonally moist or saturated; an
mapped as Foreston, Grifton, Muckalee, Torhunta, or Woodington series.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. Based
on our site observations, suitable habitat for Cooley's meadowrue was not observed on the site.
ECS has concluded that the proposed water main will have no effect on the species.
Rough -leaved Loosestrife
Description: Rough -leaved loosestrife is a perennial herb with triangular shaped leaves that are
opposite on shorter stems and tend to be arranged in whorls of three or four encircling taller
stems. The leaf surfaces are smooth to the touch.
Habitat: Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South
Caroline, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine
pocosins in dense shrub and wine grown on moist to seasonally saturated sands and on shallow
organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats
as roadside depressions, maintained power and utility line rights -of -way, firebreaks, and trails.
The species prefers full sunlight, is shade intolerant, and requires areas of minimal disturbance
(e.g., clearing mowing, periodic burning) where the overstory is minimal. It can, however, persist
vegetatively for many years in overground, fire -suppressed areas. Blaney, Gilead, Johnston,
Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the
plant occurs on.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Carolina Bays or ecotones between longleaf pine upland and pond pine pocosins are not
located on -site. Based on our site observations, suitable habitat for rough -leaved loosestrife was
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ECS SOUTHEAST, LLP
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NC Registered Geologists Firm C-553
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minimal along disturbed roadsides on site. No individuals were observed so ECS has concluded
that the proposed water main will have no effect on the species.
Seabeach Amaranth
Description: Seabeach amaranth is an annual plant with fleshy, pinkish -red stems and small
rounded leaves. The leaves are clustered toward the tip of the stem.
Habitat: Seabeach amaranth occurs on barrier island beaches where its primary habitat consists
of over wash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding
beaches (landward of the wrack line). In rare situations, this annual is found on sand spits 160
feet or more from the base of the nearest foredune. It occasionally establishes small temporary
populations in other habitats, including sound -side beaches, blowouts in foredunes, interdunal
areas, and on sand and shell material deposited for beach replenishment or as dredge spoil. The
plant's habitat is sparsely vegetated with annual herbs (forbs) and, less commonly, perennial
herbs (mostly grasses) and scattered shrubs. It is, however, intolerant of vegetative competition
and does not occur on well -vegetated sites. The species usually is found growing on a nearly
pure silica sand substrate, occasionally with shell fragments mixed in. Seabeach amaranth
appears to require extensive areas of barrier island beaches and inlets that function in a relatively
natural and dynamic manner. These characteristics allow it to move around in the landscaped,
occupying suitable habitat as it becomes available.
Conclusion: The site consists of wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
bored. Sand dunes were not observed on the site. Based on our site observations, suitable habitat
for seabeach amaranth was not observed on the site. ECS has concluded that the proposed water
main will have no effect on the species.
Golden Sedge
Description: Golden sedge is an endemic species of the sedge family only found in North
Carolina. The yellowish green leaves are grass -like with those of the culm mostly basal and up to
eleven inches in length, which those of the vegetative shoots may reach a length of 25.6 inches.
Fertile culms produce two to four flowering spikes.
Habitat: Golden Sedge, a very rare endemic of the Atlantic Coastal Plain, grows in sandy soils
overlying calcareous deposits of coquina limestone, where the soil pH, typically between 5.5 and
7.2, is unusually high for this region. The perennial prefers the ecotone between the pine savanna
and adjacent wet hardwood or hardwood/conifer forest. Most plants occur in the partially shaded
savanna/swamp where occasional to frequent fires favor an herbaceous ground layer and
suppress shrub dominance. Soils supporting the species are very wet to periodically shallowly
inundated. Other occurrences may occur on disturbed areas such as roadside and drainage
ditches or power line rights -of -way, where mowing and/or very wet conditions suppress woody
plants. Poorly viable occurrences may occur in significantly disturbed areas where ditching
activities that lower the water table and/or some evidence of fire suppression threatens the
species.
Conclusion: The site consists wooded land, Smith Creek, and associated floodplain. The utility
construction will require minor clearing. Impacts to wetlands will either be temporary or jack and
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ECS SOUTHEAST, LLP
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NO Registered Geologists Firm C-553
SC Registered Engineering Firm 3239
bored. Ecotones between pine savannas and adjacent hardwood/ conifer forests are not located
on -site. Based on our site observations, suitable habitat for golden sedge is not located on site.
ECS has concluded that the proposed water main will have no effect on the species.
Magnificent Ramshorn
Description: An aquatic pulmonate (i.e., air -breathing) gastropod mollusk. It has a coiled shell
in the shape of a ram's horn. Its brown coiled shell - often with leopard -like spots -grows to the
size and weight of a U.S. dollar coin, just under 1.5 inches and less than 1 inch in height.
Habitat: The snail is adapted to still or slow -flowing aquatic habitats, and lays eggs on spatterdock
and lily pads. Salinity and pH appear to have been major factors limiting the distribution of the
magnificent ramshorn, as the snail prefers freshwater bodies with pH within the range of 6.8-7.5.
Conclusions: The site consists of wooded land, Smith Creek, and associated floodplain. The
utility construction will require minor clearing. Impacts to wetlands will either be temporary orjack
and bored. While Smith Creek is located on site, still or slow -flowing water was not observed on
site. Based on our site observations, suitable habitat for magnificent ramshorn is not located on
site. ECS has concluded that the proposed water main will have no effect on the species.
CONCLUSIONS
ECS has conducted a preliminary threatened and endangered species determination review for
the site. Please note that our services did include detailed surveys specific to listed species where
habitat was found. Based on our knowledge, site observations, available resources concerning
threatened and endangered species, and other desktop information, ECS does not believe that
endangered species are located on site. If confirmation or a development plan is needed to
confirm for the agencies review, ECS will work with the client to provide.
CLOSURE
We appreciate your assistance. Please contact Mr. Alex Morley at [phone], or via email
at [e-mail] if you have any questions concerning the site or this request.
Respectfully submitted,
Alexander Morley, PWS
Environmental Staff Project Manager
[phone]
amorley ecslimited.com
W. Brandon Fulton, LSS, PSC, PWS
Environmental Principal
[phone]
bfulton ecslimited.com
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest, LLP
www.ecslimited.com

C
ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078
NC Registered Geologists Firm C-553
SC Registered Engineering Firm 3239
Attachments: Figures 1-4
USFW IPaC
Photolog
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www.ecslimited.com

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0058574
Project Name: Castle Hayne Project
1�
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Sf�R'Irlf
March 22, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et sea.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

03/22/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186.php.

03/22/2023
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Marine Mammals

03/22/2023
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

03/22/2023
PROJECT SUMMARY
Project Code: 2023-0058574
Project Name: Castle Hayne Project
Project Type: Road/Hwy - Maintenance/Modification
Project Description: roadway improvement
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/Q34.2660713,-77.93087242753452,14z
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Counties: New Hanover County, North Carolina

03/22/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 18 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10515
West Indian Manatee Trichechus manatus
There is final critical habitat for this species. Your location does not overlap the critical habitat.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: https://ecos.fws.gov/ecp/species/4469
STATUS
Threatened
Proposed
Endangered
Threatened

03/22/2023
4
BIRDS
NAME
STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10477
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus ru fa
Threatened
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
REPTILES
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: https:Hecos.fws.gov/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Endangered
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/1110

03/22/2023
SNAILS
NAME STATUS
Magnificent Ramshorn Planorbella magni fta Proposed
There is proposed critical habitat for this species. Your location does not overlap the critical Endangered
habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6216
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyi
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3281
Endangered
Golden Sedge Carex lutea Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6025
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/8549
Threatened
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

ECS Southeast, LLP
1 - Another additional view of potential wetland.
2 - Additional view of potential wetland.
ECS Project # 49:19342

■ ECS Southeast, LLP
3 - Typical view of potential wetland.
ECS Project # 49:19342

ATTACHMENT F
NCSHPO Concurrence Letter & Request for Environmental Review

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
June 13, 2023
Alex Morley, PWS
ECS Southeast, LLP
1281 Kennestone Circle NE, Suite 200
Marietta, GA 30066
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
amorleygecslimited.com
Re: Construct a water main, South Castle Hayne Road, Wilmington, New Hanover County, ER 23-0838
Dear Mr. Morley:
Thank you for your letter of March 23, 2023 concerning the above -referenced undertaking. We apologize
for the delay in our response, which was caused by an unusually heavy workload and staff absences.
The proposed project will have no adverse effect on the National Register -eligible Smith Creek Vehicular
Bridge (NH0530).
Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for
inclusion in the National Register of Historic Places will be affected by the project. We, therefore,
recommend that no archaeological investigation be conducted in connection with this project.
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 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

ECS O U T W EA T, LLP "Setting the Standard for Service"
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March 23, 2023
Ms. Renee Gledhill -Earley
State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
Reference: NCSHPO Review
Castle Hayne Water Main Line Site
S. Castle Hayne Road
Wilmington, New Hanover County, North Carolina
ECS Project Number: 49-19342-B
Dear Ms. Gledhill -Earley,
ECS Southeast, LLP (ECS) is pleased to provide our project information to initiate the North Carolina State
Historic Preservation Ofice's (SHPO) review of projects subject to applicable federal and/or state cultural
resources protection laws, including Section 106 of the National Historic Preservation Act and North
Carolina General Statute 121-12(a).
PROJECT INFORMATION
The Project Study Area (PSA) is located along S. Castle Hayne Road, Wilmington, New Hanover County,
North Carolina. The proposed project is a water main that will be constructed along S. Castle Hayne Road.
The site consists of an approximately 13,200 feet in length and 30 feet wide totaling approximately 10 acres.
The site currently consists of wooded land, Smith Creek, and associated floodplain. Surrounding areas
consists of commercial properties, single -family residences, and wooded land.
Based on the United States Geological Survey (USGS) Topographic Map, Smith Creek and wetlands were
depicted onsite. During our review of the NCSHPO On -Line GIS Database, historic resources including
Vehicular Bridge (NH0530) and New Hanover Co. Prison Farm (NH0537) sites were identified within the
vicinity of the PSA. The resource must be identified within 1,500 feet of the PSA boundary. If you have
questions or need additional information, please contact us at [e-mail] or at (470) 510-
9570.
Respectfully submitted,
ECS Southeast, LLP
Alexander Morley, PWS
Environmental Staff Project Manager
470-510-9570
[e-mail]
Attachments: Figures
NC SHPO GIS Map
W. Brandon Fulton, LSS, PSC, PWS
Environmental Principal
704-525-5151
bfultonaecslimited.com
ECS CapW Savloes, PLLC • ECS Florida, LLC • ECS Mid-AtWnbc, LLC • ECS Mowea LLC • ECS Southeast LLP • ECS Texas, LLP
www.eeslirnited.com

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ATTACHMENT H
HDD Contingency Plan

South Castle Hayne Water Transmission Main crossing of Smith
Creek in New Hanover County.
CDM Smith (Design Engineer) Specifications and contract documents
require Horizontal Directional Drilling Contractor to provide several
items before being allowed to start work or mobilize to sight.
Submittal will undergo review and approval by our geotechnical
engineers through the submittal process during initial shop
drawing/submittal process.
Below is a typical Contingency Plan that design engineer would
anticipate to see from selected contractor. This contingency plan
contains one of several items that CDM Smith (Design Engineer)
Specifications require.
monitoring procedures aunng caning operations will include:
■ Continuous examination of drilling fluid pressures and return flows;
■ Inspection along the drill path from roadways and developed land where appropriate and on foot
or from a small boat for water crossings.
■ If a frac-out is detected during wetland or water crossings, the drill operators will perform the
contingency measures as described below in Section W. (Contingency Plan and Corrective
Actions).
A number of scenarios that could occur during HDD operations have been identified and appropriate
corrective measures have been prepared. A list of unlikely but possible incidents that could occur during
HDD operations is as follows:
■ Drilfing fluid releases
■ Loss of returns / loss of circulations of drilling fluid
■ Encountering obstruction during pilot bore / reaming.
■ Drill pipe or product pipe cannot be advanced.
■ Failure during reaming;
■ Breakage of the drill bit;
■ Failure of the drill head guidance and positioning system;
■ Failure of the HDD;
■ Failure of pipeline pull -in (pipe -stick during pull -back);

Drilling Fluid Releases
Frac Out Procedures
In the event that there is an accidental discharge of drilling fluid (frac out), the drill crew is instructed to
respond as follows:
1. The directional drill crew will stop operations immediately.
2. The drill rods will be pulled back enough to release the pressure on the frac out in order to stop
the frac-out from continuing to occur.
3. The site supervisor will be notified to ensure that proper process will start immediately and all of
the proper department people are notified.
4. The site supervisor will then evaluate the situation and recommend the type and level of response
warranted, including the level of notification required
5. If the frac-out is minor, easily contained, has not reached the surface and is not threatening
sensitive resources, a leak stopping compound will be used to stop the
frac-out.
6. If a frac-out has reached the surface, any material contaminated with bentonite shall be removed
by a vacuum tank system. Fluid will be contained and property disposed of as required by law.
A dike or berm will be constructed around the frac-out to contain the drill fluids until the clean up
has occurred.
7. If the frac-out occurs, reached the surface and becomes widespread, the site supervisor will
authorize a readily available vacuum system and mini excavator stored off site to be mobilized.
The vacuum system and mini excavator will be positioned at the end of the drill rods to start the
process of containment of the drilling fluids and vacuuming the drilling fluid out of the area. All
fluids will be contained and properly disposed of as required by law.
Loss of Returns 1 Loss of Circulation
In the event that a loss of circulation is experienced, the following steps will be taken:
1. Immediately stop all drilling operations.
2. Notify the drilling superintendent and the general contractor's onsite representative.
3. Inspect the surface path of the crossing for inadvertent returns of drilling fluid.
4. If considered safe, drill string will be rotated slowly and swabbed back and forth, and the drilling fluid
will be pumped at a reduced rate in an attempt to regain circulation.
5. If circulation was not restored in a timely manner, drill stem will be tripped back toward the rig until
such time as circulation can be restored.
6. If circulation is again lost, the mud mix will be adjusted with the proper loss control material to
stabilize the bore hole.
7. If circulation continues to be lost, further action will be determined after consultation between the
general contractor, HDD subcontractor, engineer and owner.
Equipment Failure
In general, if there is a failure of part of the equipment such as the drill bit or drill head guidance system,
the HDD operations will be suspended if continued operation would pose a risk of releasing drilling fluid
at levels that exceed the applicable permit conditions. For a malfunction involving the drill head, the drill
string will be withdrawn and the drill head repaired or replaced.

If the pipe becomes stuck during pull -back, efforts will be made to restart the movement by adding
additional drilling fluid or by reaming ahead of the pipe or by using a hydraulic hammer. If the pipe has
only been pulled part of the way into the hole, it may be possible to recover the pipe from the entry point.
If the pipe becomes irretrievably jammed, the measures described to abandon the original hole and re -drill
a new one will be implemented.
Obstruction during pilot hole 1 reaming
If an obstruction is encountered during the pilot hole / reaming phase Contactor attempt either to drill
through the obstruction or drill around the obstruction. If the obstruction is determined to be composed of
drillable materials, such as rock, drilling through will be attempted. This may require tripping out of the
bole to change to appropriate tooling to penetrate the obstruction.
Non -advancement of drill pipe or product
In the event that the drill pipe becomes stuck during drilling, pre -reaming or pullback, the following
options will be considered:
1. Attempt to force the pipe free with the drill rig either forward or backward.
2. Connect an air hammer to the drill string to loosen the pipe
3. Abandon the pipe and restart.
4. Allow the pipe to sit to allow any hydro lock to subside and then make additional attempts to free the
pipe.
Abandonment
If corrective actions do not prevent or control unacceptable conditions, contractor may opt to re -drill the
hole along a different alignment. The HDD borehole would not simply be abandoned completely if
difficulties were encountered during drilling or reaming of the borehole, or during pipe pullback
operations. In fact, complete abandonment of an HDD borehole rarely occurs within the industry.
Instead, prior to abandoning a borehole, the HDD contractor would implement remedial measures to
attempt to resolve the problems without the need for abandonment of the borehole. However, if problems
with the borehole or section of the borehole could not be resolved, the affected section of the borehole
would be filled with grout, consisting of non -toxic, non -hazardous materials, to preclude communication
between nearby boreholes. The following procedures will be implemented to abandon the drill hole:
■ The method for sealing the abandoned drill hole is to pump grout into the hole as the drill
assembly is extracted, and using environ plug to create a cap.
r Closer to the surface at drilling locations (within approximately 10 feet of the HDD entrance), a
soil cap will be installed by filling with soil extracted during construction of the pit and berms.
■ The borehole entry location for HDD Segments will be graded and seeded by the contractor to its
original grade and condition after the drill hole has been abandoned.
■ The contractor will drill a second pilot hole beginning near the initial entry point along a track
that parallels the initial borehole.
A root cause analysis of the failed HDD will be conducted in order to minimize the risk of subsequent
failure. The root cause analysis will guide the development of potential alternatives for the drilling plan.
Depending on the cause of a failure, it would be preferable to continue to use the partially drilled Pilot
Hole already underway, and simply redirect the drilling deeper or laterally around the cause of the failure,
if possible, rather than initiate a secondary Pilot Hole.

If the cause(s) of the failure indicate that a completely new, "secondary" Pilot Hole is necessary, the
separation distance required will depend entirely upon the cause of the failure. Generally, "secondary"
Pilot Holes only require the drill alignment between the original entry point and exit point be adjusted
deeper or laterally such that no additional work areas will be required. Prior to the initiation of a
completely new "secondary" Pilot Hole, a modification must be authorized by the appropriate agencies.
Deviations in Design Line / Grade
In the event that the pilot hole deviated from the tolerances in the contract documents, the following steps
may be taken:
1. Drillini~ operations will stop.
2. Contactor advise and consult with the general contractor's onsite representative.
3. if the deviation is within acceptable limits according to the engineer, drilling will continue and the
deviation will be corrected as the pilot hole is extended.
4. If the deviation is not within acceptable limits, the hole will be tripped back to a point where steering
to the original plan will most likely be achieved.
Utility Strike
In the event that a utility is contacted during any phase of drilling, the following steps will be taken:
1. Drilling operations will stop.
2 Contactor advise and consult with the general contractor's onsite representative.
3. U tiiity companies with facilities in the vicinity will be contacted.
4. The area in the vicinity of the strike will be re -located.
5. Contactor coordinate with the general contractor and perform and incident investigation into the cause
of trie striae and the measure needed to remedy the conflict.
Hydro lock Contingency
In the event that hydro lock occurs or is suspected, the following will be performed:
1. Pullback operations will pause to allow the hydro lock to subside. Once hydro lock subsides, pullback
will resume.
2. The buoyancy ballast process will be reviewed to confirm pipe within borehole is properly filled.
3. Should hydro lock not subside, an attempt to pull product back through exit will be made.
4. Upon removal of product, an addition swabbing and reaming pass will be considered. Drilling fluid
properties and flow rates will also be re-evaluated.
Excessive Ground Settlement
If excessive ground settlement is encountered during drilling operations, the following steps will be taken:
1. Drilling operations will cease.
2. Contactor advise and consult the general contractor's onsite representative.
3. The drilling fluid flow rate may be reduced, or the profile of the drill may need to be adjusted.
4. The surrounding area will be restored.

Drill Pipe or Product Pipe Broken Off in Borehole
In the event that drill string is broken the following will be performed.
1. Drilling operations will cease.
2. Contactor advise and consult with the general contractor's onsite representative.
3. If the drill string break occurred within a reasonable proximity of the entry/exit, an attempt to recover
the string by open cut excavation will be considered.
4. If open excavation is not feasible, an attempt to recover drill string from exit side will be made.
Product Collapse or Excessive Deformation
In the event that the HDPE pipe comes to the surface collapsed or excessively deformed, the follow steps
are requested:
1. Continue to pull the pipeline out of the hole, adding more sections of HDPE on exit if needed, until
pipe of the proper diameter is exposed.
2. If pipeline is deformed beyond manufacturer's recommendation and required by the engineer, the
entire length of pipe will be removed.
Ballast
When submitted calculation shows the need for ballast to provide negative buoyancy, the following plan
is used.
As the pipe entered the borehole and proceeds below ground level, it will be filled with water during the
entire pullback process. The following methods are utilized for the process:
1. After pipeline section has been fused and tested, a 4" HDPE line will be inserted into the pipeline at
the end opposite the pulling head.
2. The HDPE line will be long enough to reach the deepest elevation along the drill path as measured
from the exit side elevation.
3. As the pipeline is pulled into the hole lie will carry the HDPE fill pipe inside.
4. As the leading end of the pipeline passes through the curved portion of the drill path and has become
horizontal from the exit side, water will be pumped through the HDPE pipe inside of the pipe.
S. The ballast water will be metered to fill only the pipeline portion below the exit grade elevation.
6. As the pipeline continues to enter the borehole, water will be simultaneously pumped into the HDPE
pie to keep the pipeline filled with water to an elevation no higher than the exit grade elevation.
7. This process is repeated as each segment of pipe is pulled into the borehole.