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HomeMy WebLinkAbout20081632 Ver 1_401 Application_20081008Environmental Corp. of America Phone: 828-293-9467 1375 Union Hill Industrial Ct., Ste A rc? Fax No.: 828-505-0959 Alpharetta, GA 30004 w'- z 0 8- 6 0 From: Ben Salter To: Division of Water Quality Phone: 919-733-1786 401 Wetlands Unit Fax No: 919-733-6893 1650 Mail Service Center Raleigh, NC 27699-1650 G-OURTESY TRANSMITTAL COVER SHEET COPY Date: October 23, 2008 Subject: Courtesy PCN T-Mobile Site 5W10533-11 801 US Highway 17 North Shallotte, Brunswick County, North Carolina Note: To Whom It May Concern: Attached are five copies of a Courtesy PCN. ECA has already submitted this report to the Wilmington office of the Army Corps of Engineers. We anticipate authorization under NWP 39 within the next week. Thank you! Sincerely, Ben Salter OCT 2 8 2008 DENk. - VVAI ER QUALITY WETLANDS AND STORmOTER gRMCH Environmental Corporation of America, 1375 Union Hill Industrial Ct, Suite A, Alpharetta, GA 30004 C • ?c: ass Pc./ ENVIRONMENTAL CORPORATION OF AMERICA August 4, 2008 U.S. Army Corps of Engineers Wilmington District Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 Attention: Regulatory Specialist tg (;Z? 9 W R 5 OCT 2 8 2008 DENK yyAltFivUA-1!`; WLWDS AND STOR0AMR BRANCH Subject: Wetlands Delineation Report, Request for Boundary Confirmation, and Pre-Construction Notification T-Mobile Site 5W10533-B 801 US Highway 17 North Shallotte, Brunswick County, North Carolina ECA Project Number: J-764-4 Dear Regulatory Specialist: Environmental Corporation of America (ECA) on behalf of BC Architects Engineers, PLC has prepared this Wetlands Delineation Report and Pre-Construction Notification (PCN) to request a wetland boundary confirmation and obtain authorization for wetlands impacts associated with construction of a telecommunications compound access road, which is shown in Figures 1 and 2 of Appendix A. The telecommunications project will include the construction of a 254-foot self- supporting lattice telecommunications tower, a 100-foot by 100-foot equipment compound, and an approximate 800-foot by 20-foot access drive. We would like to request your review of the enclosed information and US Army Corps of Engineers authorization for the proposed wetland impacts. Background Based on the apparent presence of wetlands on and adjacent to a portion of the proposed access drive, BC Architects Engineers, PLC retained ECA to perform a Wetlands Delineation at the project site and to prepare a Pre-Construction Notification (PCN) for any impacts that may occur as a result of the proposed project activities. 1375 Union Hill Industrial Court, Suite A, Alpharetta, Georgia 30004, (770) 667-2040, fax (770) 667-2041, www.eca-usa.com Page 2 Based on our site visit and wetlands delineation, ECA found that portions of the proposed access are located in wetlands which will be impacted as a result of the proposed project. Based on our initial delineation, the proposed project would result in a total of approximately 1,600 square feet of forested wetland impacts located in one area of the proposed access drive. ECA understands that no formal compensatory mitigation will be required for the proposed impacts, but that the proper authorizations must be obtained. Based on these findings, we have included the completed Pre-Construction Notification (PCN) Application Form (Appendix B) and the required supporting documentation for your review. We are requesting that the proposed impacts be authorized under Nationwide Permit (NWP) 39. It is our understanding that the North Carolina Division of Water Quality has issued a blanket 401 Water Quality Certification for projects authorized under NWP 39. Purpose The purpose of the Wetlands Delineation was to delineate jurisdictional waters and wetland areas on the subject tract in accordance with accepted U.S. Army Corps of Engineers Guidance, if any such areas exist. This report has been prepared as documentation required for submittal of a PCN to obtain the proper authorizations for proposed wetland impacts at the project site. Scope of Work The following scope of work was completed to fulfill the project purpose: • A review of available soils data, topographic maps, surveys, and aerial photographs was conducted to obtain background information regarding site elevations, soil characteristics, site drainage, and vegetative cover. • Afield investigation was conducted to examine the subject property for jurisdictional waters and to delineate jurisdictional waters and wetland boundaries. • Jurisdictional waters and wetlands were identified in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987, the only guidance currently acceptable for performing jurisdictional boundary determinations. • This Wetlands Delineation Report was prepared. The report contains documentation of our work, our findings, and our conclusions. • A Pre-Construction Notification was prepared using the available Pre-Construction Notification Application Form. F:PROJECT/200 8proj/J-764-4/j 7644wet. doc Page 3 Location and Site Description The subject site and proposed access are located as shown in Figures 1 and 2 of Appendix A. The subject site is a lease area located on a larger parent tract, as shown on Figure 2. The proposed access drive will generally lead in a northerly direction from US Highway 17 to the proposed compound. The proposed compound (100-feet by 100-feet) will be located in a agricultural field on the parent tract. Review of Resources ECA reviewed the USGS, Shallotte, North Carolina, 7.5-Minute Topographic Quadrangle Map and aerial photography. ECA also reviewed online soils data for Brunswick County, North Carolina. The USGS topographic map for the site is included as Figure 1 in Appendix A. Soils data for the project site is included in Appendix C. On-Site Determination Because field determination that a particular area is a jurisdictional wetland requires positive identification of three wetland characteristics (wetland hydrology, hydric soils, and hydrophytic vegetation), ECA investigated the subject tract for the presence of these three characteristics. The wetlands determination was performed by Ben Salter of ECA on July 1, 2008. ECA collected data on physical and ecological characteristics from areas on the parent tract. The locations are generally shown on Figure 2 of Appendix A. Wetland Data Sheets for each of the locations sampled are included in Appendix D. A discussion of our wetlands determination is provided in the following paragraphs. Soils To determine if wetland soils and hydrology were present, two Data Points, inclusive of soil test holes, were established in the approximate locations shown on Figure 2 of Appendix A (DP-1 and DP-2). The Wetland Data Forms completed for these data points are included in Appendix D. At all Data Points, soil was removed to a depth of 16 to 18 inches. A profile of the surface strata was extracted from the hole using a shovel. The Munsell color of the soil removed from the test hole was determined and recorded on the Wetland Data Forms in Appendix D. Soil observed at DP-1 was a light gray sandy loam with 90% organic coated sand grains from 0 to 6 inches. Soil from 6 to 10 inches was comprised of mixed light gray, very dark gray, and dark grayish brown sandy loam. Soil from 10 to 18 inches was comprised of 50% olive yellow and 50% brownish yellow sandy loam. F: PROJECT/2008proj/J-764-4/j 7644wet.doc Page 4 Soil observed at DP-2 was a brown sandy loam to approximately 8 inches. Soil from 8 to 12 inches was a dark grayish brown sandy loam. Soil from 12 to 16 inches was a light yellowish brown sandy loam. All data points appear to be mapped as Goldsboro fine sandy loam according to the Natural Resources Conservation Service (MRCS) Web Soil Survey for Brunswick County, North Carolina. These soils are moderately well drained, but listed by NRCS as hydric in Brunswick County. Based on the field investigation, it appears that soil at DP-1 would be characterized as hydric. Hydrology ECA allowed each test hole to remain open for approximately 1/2 hour. Neither groundwater nor saturation was encountered at either data point. However, much of the southeastern United States, and particularly eastern North Carolina, have been under extreme drought conditions. Although no groundwater or saturation was observed, multiple indicators of wetland hydrology were observed at Data Point 1. These included water stained leaves, adventitious roots, FACN vegetation, and mapped hydric soils. Based on the presence of these indicators, it appears that wetland hydrology is present in the area surrounding Data Point 1. Only one secondary hydrologic indicator (mapped hydric soils) was present at Data Point 2. Therefore, wetland hydrology does not appear to be present in the area surrounding Data Point 2. Vegetation ECA conducted a survey of the vegetative community surrounding Data Points 1 and 2. We identified the species, which were most dominant in the plant community surrounding these data points. The indicator status of plants that inhabit wetland environments are published in the National List of Vascular Plant Species that Occur in Wetlands: 1996 National Summary. ECA referenced the wetland indicator status of each identified plant species. The vegetation surrounding DP-1 was dominated by red maple (Acer rubrum), sweetgum (Liquidambar styrac flua), red bay (Persea borbonia), and cinnamon fern (Osmunda cinnamomea). Of the species identified, 100% were FAC or wetter (excluding FAC-). Vegetation surrounding DP-1 would meet the wetland vegetative criteria. The vegetation surrounding DP-2 was dominated by loblolly pine (Ponus taeda), wax myrtle (Myrica cerifera), and red maple. Of the species identified, 100% were FAC or wetter (excluding FAC-). Vegetation surrounding DP-2 would also meet the wetland vegetative criteria. F:PROJECT/2008proj/J-764-4/j 7644wet. doc Page 5 Based on the indicator status of the vegetation identified at each of the Data Points, it appears that the vegetation surrounding both data points contained dominant hydrophytic vegetation. Boundary and Buffer Determination ECA determined that all three criteria for a positive wetland determination were present in the area represented by DP-1. Therefore, in our opinion, it is likely this areas would be considered jurisdictional wetland. The approximate location of the wetlands identified at the site is shown in Figure 2 of Appendix A. Wetland boundary flags placed at the site by ECA included flag numbers A 1 through A26. Based on the boundary identified in the field and route of the proposed access drive, it appears that approximately 80 feet of the 20-foot wide access drive would lie within the identified wetland area. The remainder of the proposed access drive and telecommunications compound appears to be located in uplands and would not be subject to USACE jurisdiction. Site Selection, Alternatives Considered, and Avoidance and Minimization The selection of suitable sites for wireless telecommunications facilities is based primarily on the established grid within a specific service area. As such, there is limited flexibility when selecting the exact locations of new facilities to allow for factors such as acceptable coverage, available sites, and sites which are environmentally sensitive. The proposed tower site was chosen based on the willingness of the property and the proximity of the proposed location to the desired wireless service radius. It appears that the subject wetland system is situated in an east to west direction along the tree line located north of the grassed field that lies along US Highway 17. The floodplain and associated wetlands of Shallotte River lie approximately 300 to 400 feet to the east of the proposed impact area. What appears to be a much wider wetland area lies to the west of the proposed impact area. By placing the proposed access in its current location and perpendicularly across the subject wetland, less total wetland impact will occur than would if the drive was located to the east or west on the parent tract. Conclusions Based on the information collected during this project and the resources reviewed, forested wetlands are present within the proposed access drive. Based on the area of the proposed impacts (less than 1/10th acre) no formal compensatory mitigation will be required. However, ECA would like to request a letter of authorization for the proposed impacts from the US Army Corps of Engineers. F: PROJECT/2008proj/J-764-4/j 7644wet. doe Page 6 Closure If you have any questions about the contents of this report or if you would like to schedule a boundary confirmation site visit, please contact Ben Salter of ECA at (828) 505-0755. Sincerely, Environmental Corporation of America Dave McGlothlin Project Scientist Ben Salter, REP Principal Wetlands Scientist F:PROJECT/2008proj/J-764-4/j7644wet.doc APPENDIX A FIGURES Source: USGS Topographic Quadrangle Map, 7.5 Minute Series. Shallotte, N.C (1990) and Calabash. NC-SC (1990) SunCom Site - WI553-2 801 US Highway 17 N Shallotte, Brunswick County, North Carolina Figure 1: Site Location Plan ECA Prol # J-764-4 V Q va 1Z IW?Ib g?? N O Nb !? anp N b b vno b h °m ?. n mm 11 ?. b ,pammY np0aCIO pl. n;N ?IW1N N NiN J m U Z a K W W S Z x 3c . 31 .J.J?;BFI '?. m'N= O' : N' N? NI Y h p ? O Y' M ^I N? m b' n A P A': A' Nb Veil O? O I? phi O? M a o0 z Z Z Z Z!2' 2 ; WI W.W '? b>'n N N N N': M 0 ?7? 0'. b ;n N !'?' S`I M ? M Y z Zz 2o? W N Y I" P O? V', 3. N b O N ?O N p T 1? Y N N T, ? OI N b N', Y N L'1' r} pi ri, O Y VI e/> 0 S?W YI bi N {p r`4 N `? ?n 2 2 W Yb MN tp M `?t r u/ d ML, N V: Z J Y n b^?? J J JIJ I O? O J N h Y u'1 „1 b^ J J m OI ? J J N? ?A? ^ 4? I;i EXISTING X ? ' CONTOUR (TYP.)- - - WETLANDS / AREA=7,290 SQ. FT. / / PROPOSED 12' GRAVEL ACCESS ROAD _ NEW CONTOUR (TYP.) / g1 I ' / / PROPOSED 25' WIDE ACCESS/ UTILITY i NOTE: SQUARE FOOTAGE OF WETLAND DISTURBANCE=691 SQ. FT. / / 3 ' .3 _.? .. ... 34.5 SCALE IN FEET / I 0 15 30 60 90 \ a r c h i t e c t s I e n g i n e e r s 5659 COLUMBIA PIKE, SUrrE 101 FALLS CHURCH, VA 22041-2868 TEL: (703) 671-6000 ( FAX: (703) 671-6300 T • .Mobilew 185 Facet ST. DWUYM SC 28492 PROPOSED UNMANNED l - .. WIRELESS COMMUNICATION SITE _ GRISSETT TOWN / _ _ - - - 5WI0533-B ' L-14.8 AC PLAT 759/801 US 17, EXISTING SHALLOTFE, NC 28459 TREELINE (TYP.) tXlaIIN', -35 PROPERTY LINE_ TRUE NORTH 1 "=30' PORTION OF SITE PLAN F VERIFY FINISHED MATERIAL € REQUIREMENTS WITH CONSTRUCTION MANAGER ? PRIOR TO BID EXISTING GRADE ¦, 1° MIN. ABOVE 12'-0" EXISTING GRADE 27 OR 1 1/2' PER 6' OF SLOPE '11111-1I -III-III1 - - -1 I I-1 11=1 11=1 11=1 =1 I I1 11=1 I I-1 COMPACTED ROAD BASE MATERIAL REMOVE ORGANIC MATERIAL (3" MINIMUM) - lu N.T.S. 2% OR 1 1/2" PER 6' OF SLOPE SWAIL TO CARRY RUN-OFF AS REQUIRED. VERIFY WITH CONSTRUCTION MANAGER PRIOR TO BID ---\ III-III _ III-III= IIII ? IIIIIIIIII I II ? IIIIIIII 11- 11111111= ? i ?i ? ? =111, ,111, IT=111., ,11111, I ?'- GEOTEXTILE FABRIC WHERE REQUIRED. VERIFY WITH CONSTRUCTION MANAGER PRIOR TO BID TYP. ROAD SECTION DATE: 10-17-08 REV. DATE: 09-17-08 REV. DATE: 09-02-08 SHEET 1 OF 1 REV. sn.n wu,e..: LEASE EXHIBIT Office Use Only: Form Version March 05 USACE Action ID No. DW@To. 0 8 1 6 3 2 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing ' 0 U RI E ?i+lr COPY 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information ®[9 Owner/Applicant Information O C T 2 8 7008 Name: T-Mobile South, LLC OHIA, If cull Mailing Address: 185 Fairchild Street WET1ANDSAN6ST6RMNATERBRANCH Charleston, SC 29492 Telephone Number: (843) 216-4219 Fax Number: (843) 216-4248 E-mail Address: donald.slowekgt-mobile.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Ben Salter Company Affiliation: Environmental Corporation of America Mailing Address: 65 Hill Street, Suite A Asheville, NC 28801 Telephone Number: (828) 505-0755 Fax Number: (828) 505-0959 E-mail Address: ben. saltergeca-usa.com Updated 11/1/2005 Page 5 of 14 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: T-Mobile Site 5WI0533-B 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 2110000601 4. Location County: Brunswick Nearest Town: Shallotte Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Entrance to site is 0.43 miles east of Grisset Town (intersection of Hwy 17 and Hwy 904) to the southwest of Shallotte. NC 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 33.948673 °N -78.494773 °W 6. Property size (acres): Total proposed project area is 0.53 acres (access and compound) 7. Name of nearest receiving body of water: Shallotte River 8. River Basin: Lumber (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Area of impact is currently wooded land lying between a Updated 11/1/2005 Page 6 of 14 grassed field and an agricultural field. The vicinity is mostly agricultural and wooded with some commercial development along Hwy 17 and residential development south of Hwy 17. 10. Describe the overall project in detail, including the type of equipment to be used: The applicant proposes to construct a 50-foot by 50-foot telecommunications facility and an approximate 1025-foot by 20-foot access drive. The area of impact lies within an approximate 95-foot by 20-foot area of the proposed access drive. The access drive will be cleared using standard clearing equipment and covered with crushed stone. 11. Explain the purpose of the proposed work: The purpose of the work is to create an access route from US Hwy 17 to the proposed telecommunications compound. IV Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No previous permits V Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. jZ Proposed Impacts to Waters of the United StatesWaters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Updated 11/1/2005 Page 7 of 14 wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: A portion of the proposed 1025-foot by 20-foot access drive will cross through a forested wetland area located on the parent tract. Total wetland impacts will be 1,828 square feet and will involve placement of crushed stone over the approximate 95-foot by 20-foot portion of the access drive that lies within the identified wetland area. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) 1 Permanent Forested No 700 0.042 Total Wetland Impact (acres) 0.042 3. List the total acreage (estimated) of all existing wetlands on the property: 0.17 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 length X width, then divide b 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres Total Stream Impact (by length and acreage) Updated 11/1/2005 Page 8 of 14 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): Wetland Impact (acres): 0.042 Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 0.042 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: M. Impact Justification (kvoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Updated 11/1/2005 Page 9 of 14 As shown on the attached surveyy, the proposed access will be located within a narrow strip of land between the main portion of the parent tract and Highway 17. This narrow strip is owned by the parent tract owner, Mr. John Frink, and is ideal for the placement of an access road. In addition, access to utilities is readily available along Highway 17, so it is most feasible to have the access originate at Highway 17. This strip stretches from Highway 17 to the treeline that lies along the southern boundary of the larger portion of the parent tract (as shown in site survey). An existing farm trail is present through the wooded area northeast of the access strip and is located approximately 100-feet to the east of the proposed access at the tree line and extends to the parent tract field to the north. As shown in the site plan, the proposed access will make a turn to the northeast after entering the wooded area. This turn was designed so that the proposed access drive could utilize the existing trail as much as possible while maintainin theme required shallow turning radii needed for tower construction equipment to access the site. The proposed access shown on the site plan represents the most direct route from Highway 17 to the site. This route would reduce total wetland impacts by crossing the subject wetland in a end perpendicular nature and utilizing the existing access trail where possible. Due to direction of the narrow access strip between the parent tract wooded area and Highway 17 and the need for shallow turning radii, the proposed access is forced to extend northward into the wooded area and across the identified wetland area located just inside the woods north of the access strip. There is an existing tractor path used to access the parent tract field from Highway 904. This path crosses through property owned by a different owner than that of the parent tract. This existing path was not utilized due to excessive expenses associated with establishing an easement on the adjacent property owner's land and with tying-in to required utilities at Hwy The selection of suitable sites for wireless telecommunications facilities is based primarily on the established ,grid within a specific service area. As such, there is limited flexibility when selecting the exact locations of new facilities to allow for factors such as acceptable coveLgge available sites, and sites which are environmentally sensitive. The proposed tower site was chosen based on the willingness of the property and the proximib? o the proposed location to the desired wireless service radius. As you know wetlands are prevalent in the coastal counties of North Carolina. Finding a site within the established grid that had a willing land owner and absolutely no wetlands or floodplain issues would be very difficult if not impossible The wetlands impacts that would result from the proposed project would be minimal in nature. The proposed access road would be _gravel covered and clearing would be limited only to a 20-foot wide area. Although the wetland area that is to be impacted is located near the Shallotte River floodplain it is not within the floodplain, and appears to be connected the Shallotte River only through occasional overland sheet flow that would be routed first through a culvert located on the northern end of the wetland area and then overland down slope to the Shallotte River floodplain. The Shallotte River lies at its closest point approximately 650 feet north-northeast of the proposed impact area The entire area located between the subject wetland and the Shallotte River is heavily wooded and covered Updated 11/1/2005 Page 10 of 14 with a thick laver of leaf litter and will remain so during and after the proposed project activities. An upland area appears to lie between the subject wetland/proposed access drive and the Shallotte River floodplain and its primary adjacent wetlands. Although the subject wetland area qpnears to be connected to the wetlands adjacent to the Shallotte River, it does not appear that it would be considered directly adjacent. Please keep in mind that wireless telecommunications service is essential to emergency management personnel and to area citizens/visitors in emergency situations and for daily communication. A strong wireless telecommunications signal in this area is also beneficial to the economic development of the surrounding area including the Grissett Town crossroads located southwest of the proposed site at the intersection of Hwy 17 and Hwy 904. MI. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current version.). 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Updated 11/1/2005 Page 11 of 14 Please see justification e or impacts above. Based on these points, we do not believe that compensatory mitigation is necessary for the proposed impact since adverse effects to the aquatic environment will be minimal. In addition, based on the current EEP fees for the HUC in which the project lies, mitigation would cost $14,900. or riparian impacts and $10,750, or non- r?parian impacts. These values are excessive for less than 0.05 acres of impact given that no mitigation is generally required or impacts of less than 0.1 acres in most areas of the US. In addition, the owner o the parent tract on which the project site lies is not interested in releasing any additional property than is currently to be leased. The requirement to purchase any additional property. or placement into a conservation easement could also potentially deem the project infeasible due to cost. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://www.nceep.net/paizes/inlieureplace.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation tequired by DWQ Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ? NEPA document required by Federal Communications Commission If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ® FCC NEPA document not required to be reviewed by State. X. Proposed Impacts on Riparian and Watershed Buffers tequired by DWQ It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide Updated 11/1/2005 Page 12 of 14 justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. XI. XII. 3. If buffer mitigation is required, please Donation of Property, Riparian Buffer Riparian Buffer Restoration Fund). Plc within 15A NCAC 2B .0242 or .0244, or discuss what type of mitigation is proposed (i.e., Restoration / Enhancement, or Payment into the ase attach all appropriate information as identified .0260. Stormwater tequired by DWQ Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Materials used will be semi-pervious. Total semi-pervious area will be approximately 0.53 acres. Impervious area will be limited to a 170 square foot concrete pad within the proposed compound. Generally accepted erosion control measures will be implemented. See attached plans (Sheets A-8 and L-1). Sewage Disposal tequired by DWQ Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Updated 11/1/2005 Page 13 of 14 XHI. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed wetland impacts will include the placement of crushed stone in an existing depressional area that appears to be connected to the Shallotte River floodplain by overland sheet flow only. The area lying between the proposed impact area and the Shallotte River is characterized as heavily wooded with a thick laver of leaf litter and will remain so during and after project completion. Based on the fill materials used and the landscape position of the fill area with respect to the Shallotte River, we do not anticipate the proposed project to have an Tne alive effect on water Quality of the Shallotte River or its tributaries. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). .,z_"7? g/?,/off ApplicanlAgent's Signature (Agent's signature is valid only if an authorization letter from the Updated 11/1/2005 Page 14 of 14 APPENDIX C SUPPORTING DOCUMENTATION August 4, 2008 U.S. Army Corps of Engineers Wilmington District Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 Other State/County/City Agencies a r c h i t e c t s e n g i n e e r s RE: BC Architects Engineers, PLC - Telecommunications Tower Sites Environmental Corporation of America - Acting as Agent To Whom It May Concern: On behalf of BC Architects Engineers, PLC, I am writing to inform you that Environmental Corporation of America (ECA) is acting as agent for BC Architects Engineers, PLC pertaining to entry and testing relative to any and all environmental requirements and services necessary in developing tower sites. ECA is authorized to represent BC Architects Engineers, PLC in any process necessary to obtain the necessary government approvals for BC's proposed tower projects. Please feel free to call if you have questions or comments. Sincerely, 6'/? Christopher D. Morin, PE BC Architects Engineers, PLC (703) 671-6000 T • •Mobile• August 25, 2008 BC Architects Engineers 5659 Columbia Pike Suite 101 Falls Church, VA 22041 Attn. Chris Morin Re: T-Mobile Site# 5WI0533A Dear Mr. Morin, 185 FAIRCHILD STREET CHARLESTON, SC 29492 Pursuant to Section 1. (b) of the agreement by and between T-Mobile South LLC and Mr. & Mrs. John David Frink, BC Architects Engineers and their respective representatives are allowed access to the property as follows: Section 1.(b) During the Option Period and any extension thereof, and during the Initial Term and any Renewal Term (as those terms are defined below) of this Lease, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises (as defined below) from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communications Commission ("FCC") ("Governmental Approvals"), including all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, land-use permits. Landlord expressly grants to Tenant a right of access to the Property to perform any surveys, soil tests, and other engineering procedures or environmental investigations ("Tests") on the Property deemed necessary or appropriate by Tenant to evaluate the suitability of the Property for the uses contemplated under this Lease. During the Option Period and any extension thereof, and during the Initial Term or any Renewal Term of this Lease, Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and permits or authorizations that relate to other property. If you have any questions, please contact me at 843-224-9926 or email: Donald. Sloweka_t-mobile. com. Thank you, DTI 13Q/* Don Slowek Specialist II, Real Estate Acquisition After recording return to: For indexing ournoses only: T-Mobile South LLC Grantor: John David Frink and Pearl D. Frink 185 Fairchild Street Grantee: T-Mobile South, LLC Charleston, SC 29492 Attn: Site Acquisition Tax Map Number: 2110000601 MEMORANDUM OF LEASE AGREEMENT THIS MEMORANDUM OF LEASE AGREEMENT (the "Memorandum") is dated , 2008, and is made by and between John David Frink and Pearl D. Frink as individual(s) ("Lessor"), and T-Mobile South, LLC a Delaware limited liability company ("Lessee"). WITNESSETH: Lessor and Lessee entered into a Site Lease With Option dated as of the day of , 2008 (the "Agreement"). Lessor has agreed to lease to Lessee a certain parcel of real property, including improvements and fixtures thereon and appurtenant rights thereto, located in the City of Ocean Isle Beach, County of Brunswick, State of North Carolina, such Premises being part of Tax Parcel Number 2110000601, in the Register of Deed's Office, County of Brunswick, State of North Carolina (the "Clerk's Office"), more particularly described on Exhibit A attached hereto and made a part hereof (collectively, the "Premises") with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on the Commencement Date set forth in the Agreement. Said term is subject to five (5) additional five (5) year extension periods by Lessee. See Deed Book 759, Page 798. Lessor and Lessee now desire to enter into this Memorandum, and to record such Memorandum in the aforesaid Clerk's Office to give record notice of the Agreement. T-Mobile Site Name: Grissett Town T-Mobile Site #: 5WI0533B 1 of 5 IN WITNESS WHEREOF, each party hereto has caused this to be executed in its name and on its behalf by its duly authorized representative. LESSOR: John David Frink Witness: By: N e: John David Frink Witnes . ,( Date: August 1. 2008 STATE OF NORTH CAROLINA CITY/COUNTY OF BRUNSWICK , to-wit: The foregoing Instrument was acknowledged before me this 1st day of August , 2008,b y John David Frink. Aj, STEGA/ /o? Ory,•Cl.. (SEAbV? ,,........,;4jA? °?. 10 Votary Pu 2c AR O Y" My commission expires: -December 4, 2010 ?i o y1 a 4 '??, s•. 1'UB G Co. -, STAV 111111110 T-Mobile Site Name: Grissett Town T-Mobile Site #: 5WI0533B 2of5 LESSOR: Pearl D. Frink Witness: /QJA--- By: r 4,1 Name: Pearl D. Frink Witnes . G. v/,?,-Date: August 1, 2008 STATE OF NORTH CAROLINA CITY/COUNTY OF BRUNSWICK . to-wit: The foregoing Instrument was acknowledged before me this 1st day of August , 2008, by Pearl D. Frink. J. I, STEGAI / tart' Pu c A ` !? ?. P4 •., .•...., .. My commission expires; December 4 2010 x`44•' •'?;? ? STATS T-Mobile Site Name: Grissett Town T-Mobile Site #: 5WI0533B 3 of 5 LESSEE: T-Mobile South LLC Witness: Witness: STATE OF CITY/COUNTY OF , to-wit: On , 2008, before me, the undersigned Notary Public in and for the State of , personally appeared Todd Wheeler as Area Director, Network Engineering & Operations, on behalf of T-Mobile South, LLC, a Delaware limited liability company, personally known to me to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument, on behalf of T-Mobile South, LLC, executed the Instrument. He further acknowledged in due form of the law that he is authorized on behalf of said entity to execute all documents pertaining hereto and acknowledged to me the same as his voluntary act and deed on behalf of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed, my official seal i at my office in said County and State on the day and year last above written. ` (SEAL) Notary Public My commission expires: T-Mobile Site Name: Grissett Town T-Mobile Site #: 5WI053313 By: _ Name: Title: Todd Wheeler Area Director, Network Engineering & Operations Date: 4 of 5 Exhibit A The Leased Property is legally described as follows: T-Mobile Site Name: Grissett Town T-Mobile Site #: 5WI0533B 5 of 5 as MCU''OC???G1?:1? 2PAOE BDir. 1759 ''1798 09FE0 d PH 1=06 xn:i.t J. I UIRSDN _ = i IGte"'a IF DEEDS 574,E T .' flal Estate ?_ pay?i 1C ltlir. N C. a ?I- _pp` Ve.rSrrL L G???JJ /7 /?p? ?7 ?J/7? Dula ?J /??, RecoNing11ran Book and Pane Tax Lot No.. _. ._... ....... ......._.__.?........-- Parrot d ,Q,, &.21J. +70.VP..dl-....... .. Verified by ........_........._.._.....__......_.... ... County on the .. day of ._... ...., I9 ...-...... by . ........ ...... .... ........... __....._......._..._..._..... ..__...._ Nail after reeordinr to .............. ....._.............. TWAInstrument wasprepared by %RCY and TREST, Attorneys at Law..PO Box 36,.Shallotte. NC 28459 Brief description fur the Index n? IIN NORTH C) THIS DEED made this 1&46. di NARY DELL SOHERSETT (formerly Nary Dell Sozersett Milliken). Ummrried MARRANTY DEED Ammm- en ??? GRANTEE JOH1T`i 9RINK and wife, PEARL D. FRINK • 3 Frink Road Shallotte, NC 28459 tr?kr W apsrvr?4 atat ter pea Wtrs w+e?d??eid'?oa, r e ?? rU i e4 a.,per+ttaa v Yrsdra>dA The desigaatlon Grantor and Crr>r r ei Il Iu r said argon, their het sueeessora, and assign. and shall include sinsular, plum, maSC {[ E. lb r n /t7er as ttquired d?' y ?[r(", a1 WITNEMETIr, that the Cantor,` bl gluable eon Ji[ r??]p:?h}_L the Grautee, the receipt of which Is hereby aclwowledred, has and by these prraents dorm grant, bars ,5 `3 }Ir 'T?$7r. , tt, the Grantee In fee simple, all that certain lot or parcri at land situated in the City of J / . Shallotte... - - Township, Brunswick County, North Carolina and more particularly described as Zolloas; (SEE DESCRIPTION ON ATTACHED EXHIBIT A WHICH IS INCORPORATED HEREIN AS A PART Of THIS DEED) n 0 CDLv?(?IL?JQ lJ C?G?Oo?? ??-?,r ;?t?•---- 0(30038 c.Itvi.v.Funna.Ji tere.Ye?irJ{ Ivrr-M.we_r,•b.rv....rn.,?.....•ra,as of 0 7 5 9 9799 C? p? Tue propa W berchu"te doerMad was ?o corded In -- -- ---- "-'7r A sup showier th¦ A- den., OF is neetdk8 a .-.-. pale TO HAVE AND TO B13LD The ¦forraid lot or parnl of land sad ¦ y -. -- syyoeUaaaea tbento LeloTlrCes to the Great" in let siayka And Ike Granter tot-me with the Gnatee, tbsl Dreator Is sated v[ the prem(w Is See aimyla hbe thb airht to *cmey the acme lb lee aI=pl4 that title Is turhetbhie sad free bad char of ill etxoabrsaca, and ONt L7anttr WM Wamat sad defend the Ittle eralnst the haiuk eWau et all penem Whoe?.eeler ereeyt !er the eanyliom henl¦ailri svted YGe to the propertr heretaabose described is subject to the f.MV1.2 eseeptkoas_ W WRNb1 w•KV[or. uie arse ?lw.q. N! hIC 1 f. sa aW Mr+p+r s. a. ppy f. n aateY wllWb• N eJl ttYwbH .Q.en to W wJ N . I+..tbrt aura ni....n. tJ. sp 1aL atY faR •• tct.ato,.t14w11 Y,3 1tARY 5@IERS t'r 6r..-»..._-.. r_-_ ..................._._-._-...-... JTlLBTS ._._........................ ?................r_..-......». a: ...••.»•••.•.-.•.•.•••..._._...»........_._-...«.....•..LaW.k ...--SKMarI (S.NI ({ ----- -------•---- : ............. y..a..n..{-{...?..._.._.._.?._A¦atJ ... Kona euatgr ?? ?-?'` "'•,L ? Oei.[..Sam6rsetL_?fQ ? ?? rear er f.?x[ ? ? € NoTaRr ? ? .3iUP61rt?ed__?.. - {{ i ?¦? S p {},(?(?? ?)' a KkN.t!lM9•? rt.tatty t.Nnst¦L Wd4 Y.s r .J.e Kan is »AbJttiu[.1<_ .. • ufl?r ll en.t¦?1.+t¦tell.tK.._rL??..»..??r MtwllYW aabr.3rbY? Morel Ceaeiule...... S. ¦ (.wall a¦elk er N. C- W cwt a.tnol4 t•nlrl tm _.._.».-..-.. S i. -Ar nit Mr.. Yt Ob W rat v¦YY.Wsw I --. L b eea.Wp tr { ...-_ a Mum ISttWt t..Mtwlte. td a.t as sa"My d Ay a ritd abe y Ile Jtl M W aogeYtlle? tae feeq.tbJ YRroaY wa t•JYte h ae as¦. ¦J L f h`JVrD newt .4 ae c".W > Yb a ws by .. _. sa x- ?.. MK.t7• ? r W MDeLr tMM Y M(, OL r?=i? M -._ __y aa..?_ SWQW Ls. 1.KSt6a d.KbntaW .e -°._....?...?... ?.. ..« _ ........__ .............-.--_..r. by BGLU9Ly b 8aG 1rYb "- ...r. ... COVI.Sa PetY K C. W Aw.e A..l4 J. IYfnl.nw./ S prl -r+e.'.t 6.w.tn.w.t+?+.,+. [ rtM :s i i z o d B 9. PACE-JYT EXHIBIT A 5759 M0 FIRST RAGT Being t certain tract or parcel cootatning 14.6 acres, core or P WT in a plat dated 2 February 1918, pre by Bobby M. Longg, R.L.S., a copy of ]at being attached he c rated herein as Exhibit B for greater ce of 3esc i olidated Surrgr Df Tract 2 in a deed da 2T ett at ux to Nary Dell Somersett contain , recorded in Book 473 at Page 785, Brunswle C{Q s an I tr???£hs?? n a dead dated 27 Nay 1981 f ux to NariyJd794i1f? containing 7 acres, more or less o' in Bo?? 783, Brunswick County Registry. ?Q lei e SECOND TRACT: A perpetual easement for the purpose of ingr s. egress and regress over, upon mad through the following parcel: 01SIlMING at a point in the northern right-of-ray of U.S. Highway 17. said point being located the following courses and distances frao NCBS '76 'Hotel': from said monument South 8o" 06 20" Vast 3248.05 feet; thence South 79° 38' 34" West 399.66 feet to the place and point of BE&INBINB. From said baginning point South 79' 38' 34` Vast 45.0 feet; thence North 100 21' 26" vest 287.+17 feet; thence North 47' 19 34" Eas 26 feet: thence South 10' 21' 26 ffd 6.94 feet to 1987 1 the place and int of WING. containing 0.31 se e is a map prepared by Bobby H. Lopoop. B.L.S., r 7. nsrtck County Registry in Hap Cabinet S at 353 a which is ietorporated herein as if full% This right-of-ray and a appurienan the title to the First Tract herai s ri ed G TNIRD TRACT: BEING all title and inte a in and to that certain pproper eas 'EXCEPTION" in a deed from Adeli ett and wif@, Nary Somersltt to Joseph A. T&Wre and rife. Virginia K. Temple dated B January I985, recorded in Book 607 at Page 345" Brunswick County Registry, and being further described as "existing 15' easement" adjoining the western side of A .31 acre tract described in a plat prepared Di Bobby M. Long. R.L.S., recorded in Map Cabinet S at Page 3S3. Brunswick County Registry. This right-of-way and easement shall be appurtenant to and run with the title to the First Tract herai ve described. NO TOBACCO ALLOTMENT IS CONY T THI © ?? ?t1R'ic4?fr E00? Y EXH1 -- 'IOU I nwt raa j Sit 0 -1 HKASWO is - 6"T or ( °f rQ °W 'R`te walOt° ?°rr Q sAwr rrrrir sao:?a-air { tolls •a=e:C7r ' tea..... ru_a:air se•??r 0 ??I ro=eir ?' 1 "iO au.alr tto..ro rrrsrr ADM O0`OLARD SM&YED FOR1 AD" L " 9 +v.°onotn SNALWrTF • w w . 0 ADM GMV" A UPT' war TMs MAP WM tM'ETNAM or YE awo cunvsr sr J-sfll a vwf TMT "s 47-" At ArlfAf MlT7YI 9 NY mw NO SAL Fro. pim --- BMAUDTTE.M.C EXHIBIT B st a, j N 33-56-50 N 33-57-0 N 33-57-10 N v ?j0 y I, Q? y ? =N? zv c o 0 o '.2 °=g c"3 m3m ? Q y 0- 05 Tam U) 0? A o- ic <? ? p1 R r? ?? 7 V OD 9D Zcm d N NO m? O cm ? a? o? rri V V W Oe N lp d 3 0 0 n 1 w W O to V z V 90 N Q N co -4 lp COC tD N G G A 01 V N 09-99-£E N 0-L9-££ N OI-LS-££ U V Q ® ?® • Z Z Z ?U? i 2 t/1 -TA y 0 z m 2 0 2 r m r T .? r m m r C o m iA T w r 33$ Qg r l 3 p OC y C = Op ax w w w w Q? .. #O 3 o a A °m A o i Q a r 7S E C g Y y r c S Y m Pt O 3 m Y m ? 3• O. pVj y to CL v r I N d d U1 I v d:- in =? ? f L y 1? o? 00 N ? ? N w Of tp L a G 7 0 U YS 5 N 2 m m 'o N z Q T N Z U) oU) N O N? ° N ?y °a (n O ° yU 3c 0 z ?c 0 As zU A m C_ O m U L 0 Z C 0 0 U U C m CL co 'o Cn ai N CL N O o C_ N a) O. C Y O O > U p C6 "6 O L 0 ? N 3 3 V O y ? Z fC ) 0 N O C 0 L L 0 Cn ? ? 0 C O CA C m E - Y y Z a f0 C > fd C N O U ` N U O f0 •O f6 E N L O O m >1 E M m c Z >. U U U 00 LO M Q) (D ww - N' cc N Z r Z o N c_ E tOn 0 Q ao)- (D CD C o- `? N M a N 0 0 U . 0 0? D T C 0 :3 L f0 N C O O Q '00 4- I,L O 3L U °'0 = Y ? U C'i O > M ' o LL av M CD CL 00 Eo cYi? .2 a E?m E -0 y M ? L m« C °d a ? 3 ? cg (a)>. f6 - I E a Q .w a O J ID N N 2; m 3 N ? a N N C N L C C T O" >, w > cu Z E _ C O N 0 O _ O N O • ? C E m a) 8) d `? is E LM O-a =3 2 N f0 U N j (n U) N C Q >' O 6-0 a S] a M N ... O CO w N d A CM N O- f6 O C M O` ? Q CO 0 .0 ? 7 0 Z' c.CS f6 E 0>3 rna pU -o S a o 0 n ay ?' > :3 T Z N 0 r- o a o E m E 0. M O> `o E 0 0 C/) C) L 0 FL O 7 U) U) C6 O L O F U.E`o ? y y i U a U) ` a A G m U C f0 t rn i m 3 >. O O 0 7 (D U) `? C C y = N y o L Ol = O w O ry L L « > O c C' cn O J y C U O « (n o ?p w Z) u) O 0 G LL A LL 0 CL ) 'a W ° # (7 a 3 W J Q O g 0 n ul N y y ? ?N-, ? N d O . - w d C ? M d a R a a (] .. p C cn 3 O N , - ? ap) cc m N a O 7 ) a co v O w > y CL o a m o N a _ Q O N ) O y 3 T y ` U7 > N N > N _ - LL 'O R C L O m N U C N Y U d C > V C N > L Y O y p (n 16 CO > O c q N Q N O C O p - U) '0 - m U U C7 U' > J C_ y 0_ fY (n m cn 4) cn C U) -p (n o U) O a. U) U) d c a E ? + w a J ® X k ® O O > + ; , ICI O C„ ? Ili Q 0 v> fA 00 M O w O O N N co m CL T 0 O Cn N 0 T Cl) (U 7 «. U) c0 N 'o a - U) o o oU C O Z Gl U tl! i y O d i 0 7 ? R O Z U a? ?e Soil Map-Brunswick County, North Carolina Map Unit Legend Brunswick County, North CaroNna (MC019) Map Unit Symbol Map Unit Name Acres in AOI Parlow of AO1 GoA Goldsboro fine sandy loam, 0 to 2 percent slopes 9.3 25.6% Lu Lumbee fine sandy loam 2.0 5.5% Ly Lynchburg fine sandy loam 19.0 52.1% Mk Muckalee loam 5.9 16.2% Ra Rains fine sandy loam 0.2 0.6% Totals for Area of Interest (AOI) 36.4 100.0% USDA Natural Resources Web Soil Survey 2.0 6/18/2008 Conservation Service National Cooperative Soil Survey Page 3 of 3 APPENDIX D WETLAND DATA FORMS DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: T-Mobile 5WI0533-B Date: 07/01/08 Applicant/Owner: Environmental Corporation of America County: Brunswick Investigator/s: Ben Salter State: NC Do Normal Circumstances exist on the site? ® Yes ? No Community ID: Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transect ID: Is the area a potential Problem Area? ? Yes ® No Plot ID: DP-1 If yes, explain: btetation Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Red Maple 1. Tree FAC 7. ---------- ---------- Acer rubrum Sweetgum 2. Tree FAC 8. ---------- ---------- Liquidambar styracilua Red Bay 3. Tree FACW 9. ---------- ---------- Persea borbonia Highbush Blueberry 4. Sap/Shrub FACW 10. ---------- ---------- Vaccinium corymbosum Royal Fern 5. Herb OBL 11. ---------- ---------- Osmunda regalis Cinnamon Fern 6. Herb FACW+ 12. ---------- ---------- Osmunda cinnamomea Percentage of species that are OBL, FACW or FAC (excluding FAC- : 100% FAC-Neutral: 100% Remarks: Hydrology Recorded Data (Describe in Remarks) Wetland Hydrology Indicators: ? Stream, Lake, or Tide Gauge Primary Indicators: ? Aerial Photographs ? Inundated ? Saturated in Upper 12" ? Other ? Water Marks ? Drift Lines ? No Recorded Data Available ? Sediment Deposits ? Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required) ® Depth of Surface Water: not observed ? Oxidized Root Channels in Upper 12" ® Water Stained Leaves ® Depth to Free Water in Pit: >18 inches ? Local Soil Survey Data ® Depth to Saturated Soil: >18 inches ® FAC Neutral Test ® Other (Explain in Remarks Remarks: Adventitious roots. Page 1 of 2 Soils Plot ID: DP-1 Mapped Soil Unit Name(Series and Phase): Goldsboro fine Drainage Class of Mapped Soil Unit: moderately [ sand loam well drained Taxonomy (Subgroup)of Mapped Soil Unit: Thermic Aquic Field observations ? Yes ? No Paleudults Confirm Mapped Type? Profile Description: h Horizon Matrix Color Mottle Colors Mottle Texture, Concretions, in es Munsell Moist Munsell Moist abundance/contrast Structure, Etc. F A IOYR 7/1 sandy loam (90% organic coated sand rains 6-10 E 10 YR 7/1 10YR 3/1 &IOYR 30% & 30% sandy loam 4/2 10-18 C IOYR 6/6 2/5Y6/4 50% sand loam Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? Sulfidic Odor ® High Organic Content in Surface Layer i ? Organic Streaking in Sandy Soils n Sandy soils ? Aquic Moisture Regime ® Reducing Conditions ? Listed on Local Hydric Soils List ® Listed on National Hydric Soils List ® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: Wetland Determination Hydrophytic Vegetation Present? ® Yes ? No Is This Sample Point Within a Wetland? Wetland Hydrology Present? ® Yes ? No ® Yes ? No H dric Soils Present? ® Yes ? No 11 Remarks: ® All three wetland criteria have been met. ? One or more of the wetland criteria have not been met. Page 2 of 2 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: T-Mobile 5WI5033-B Date: 07/01/08 Applicant/Owner: Environmental Corporation of America County: Brunswick Investigator/s: Ben Salter State: NC Do Normal Circumstances exist on the site? ® Yes ? No Community ID: Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transect ID: Is the area a potential Problem Area? ? Yes ® No Plot ID: DP-2 If yes, explain: Vegetation Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Red Maple 1. Tree FAC 7. ---------- ---------- Acer rubrum Sweetgum 2. Tree FAC 8. ---------- ---------- Liquidambar styraci, flua Wax Myrtle 3. Sap/Shrub FAC+ 9. ---------- ---------- Myrica cerifera Sweetgum 4. Sap/Shrub FAC 10. ---------- ---------- Liquidambar styracii lua Grape 5. Vine ---------- 11. ---------- ---------- Vitis sp. 6. ---------- ---------- 12. ---------- ---------- Percentage of species that are OBL, FACW or FAC (excluding FAC- : 100% FAC-Neutral: Remarks: Hydrology Recorded Data (Describe in Remarks) Wetland Hydrology Indicators: ? Stream, Lake, or Tide Gauge Primary Indicators: ? Aerial Photographs ? Inundated ? Saturated in Upper 12" ? Other ? Water Marks ? Drift Lines ? No Recorded Data Available ? Sediment Deposits ? Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required) ® Depth of Surface Water: not observed ? Oxidized Root Channels in Upper 12" ? Water Stained Leaves ® Depth to Free Water in Pit: >18 inches ? Local Soil Survey Data ® Depth to Saturated Soil: >18 inches ? FAC Neutral Test ? Other (Explain in Remarks Remarks: Page 1 of 2 Soils Plot ID: DP-2 Mapped Soil Unit Name(Series and Phase): Goldsboro fine sand loam Drainage Class of Mapped Soil Unit: moderately well drained Taxonomy (Subgroup) of Mapped Soil Unit: Thermic Aquic Paleudults Field observations Confirm Mapped Type? ? Yes ? No Profile Description: Depth inches Horizon Matrix Color Munsell Moist Mottle Colors Munsell Moist Mottle abundance/contrast Texture, Concretions, Structure, Etc. 0-8 A I OYR 5/3 sand loam 8-12 E IOYR 4/2 sand loam 12-16 C 2.5Y 6/4 sand loam l ] El E? Hydric Soil Indicators: ? Histosol ? Histic Epipedon ? Sulfidic Odor ? Aquic Moisture Regime ? Reducing Conditions ? Gleyed or Low-Chroma Colors ? Concretions ? High Organic Content in Surface Layer in Sandy soils ? Organic Streaking in Sandy Soils ? Listed on Local Hydric Soils List ® Listed on National Hydric Soils List ? Other (Explain in Remarks) Remarks: Wetland Determination Hydrophytic Vegetation Present? ? Yes ® No Is This Sample Point Within a Wetland? Wetland Hydrology Present? ? Yes ® No ? Yes ® No Hvdric Soils Present? ? Yes ? No Remarks: ? All three wetland criteria have been met. ® One or more of the wetland criteria have not been met. Page 2 of 2