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HomeMy WebLinkAbout20181349 Ver 1_Categorical Exclusion Form_20181220Categorical Exclusion Form for Division of Mitigation Services Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Version 1.4, 8/18/05 - Part Name., I General Project Information I Mill Dam Creek Restoration Site -County Name: Yadkin County, NC DMS Number: 97136 Project Sponsor: KCI Technologies, Inc. Project Contact Name: Tim Morris Project Contact Address: 4601 Six Forks Rd, Suite 220, Raleigh, NC 27609 Project Contact E-mail: tim.morris kci.com EEP Project Mana er: Matthew Reid Project Description For Official Use Only Reviewed By: Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues FinalApproval By: Date For Division Administrator FHWA Version 1.4, 8/18/05 Version 1.4, 8/18/05 Part 2: All Projects Regulation/Question.. Coastal Zone Management Act (CZMA) 1. Is the project located in a CAMA county? ❑ Yes ❑ No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ❑ N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ® N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ® N/A Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1. Is this a "full -delivery" project? ❑ Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ® No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ® No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ® N/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ❑ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ® N/A National Historic Preservation Act (Section 106) 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ® No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ® N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ® N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) 1. Is this a "full -delivery" project? ® Yes ❑ No 2. Does the project require the acquisition of real estate? ® Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ® No ❑ N/A 4. Has the owner of the property been informed: ® Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground -Disturbing Activities Regulation/Question .. American Indian Reliqious Freedom Act (AIRFA) 1. Is the project located in a county claimed as "territory' by the Eastern Band of ❑ Yes Cherokee Indians? ® No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ® N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ® N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ❑ N/A Antiquities Act (AA) 1. Is the project located on Federal lands? ❑ Yes ® No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Archaeological Resources Protection Act (ARPA) 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ® No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Endangered Species Act (ESA) 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ® Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes ® No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ❑ No ® N/A 4. Is the project "likely to adversely affect' the specie and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ® N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes (By virtue of no -response) ❑ No ® N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy' determination? ❑ Yes ❑ No ® N/A Version 1.4, 8/18/05 Executive Order 13007 (Indian Sacred Sites) 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ® No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ® N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ® N/A Farmland Protection Policy Act (FPPA) 1. Will real estate be acquired? ® Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or local ® Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD -1006 been submitted to NRCS? ❑ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act (FWCA) 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ® Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ❑ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act (Section 6(f)) 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ® No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ❑ N/A Magnuson -Stevens Fishery Conservation and Manaqement Act (Essential Fish Habitat) 1. Is the project located in an estuarine system? ❑ Yes ® No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ® N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ® N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ® N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ® N/A Migratory Bird Treaty Act (MBTA) 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ® No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ® N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ® No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ® N/A Version 1.4, 8/18/05 Appendix Supporting Documentation for Categorical Exclusion Form for NC DENR Division of Mitigation Services (DMS) Projects Contents Limited Phase I ESA — EDR Report Radius Report Sanborn Map Agency Letters State Historic Preservation Office Letter United States Fish and Wildlife Service Letter with RTE Report N RCS Letter NC Wildlife Resources Commission Letter NC Natural Heritage Program Letter Uniform Act Letters Letter References Figure 1 — Vicinity Map Figure 2 — Project Watershed Figure 3 — Watershed Land Use Figure 4 — Project Area Agency Response State Historic Preservation Office United States Fish and Wildlife Service Farmland Conversion Form (AD -1006) NC Wildlife Resources Commission NC Natural Heritage Program Letter Affidavit of Public Notice Limited Phase I ESA 1. Radius Report 2. Sanborn Map 3. Historic Topography Mill Dam Creek 4508 Shady Grove Church Road East Bend, NC 27018 Inquiry Number: 4651799.2s June 20, 2016 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDR�. Toll Free: 800.352.0050 www.edrnet.com FORM-LBD-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary ES1 OverviewMap----------------------------------------------------------- 2 DetailMap-------------------------------------------------------------- 3 Map Findings Summary 4 MapFindings------------------------------------------------------------ 8 Orphan Summary--------------------------------------------------------- 9 Government Records Searched/Data Currency Tracking- - - - - - - - - - - - - - - - - - - - - - - - - - GRA GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting Source Map------------------------------------------------ A-8 Physical Setting Source Map Findings---------------------------------------- A-9 Physical Setting Source Records Searched PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2016 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC4651799.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 4508 SHADY GROVE CHURCH ROAD EAST BEND, NC 27018 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 36.2368300 - 36° 14' 12.58" 80.5193500 - 80° 31'9.66" Zone 17 543191.1 4010122.8 946 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Version Date: Northeast Map: Version Date: Southeast Map: Version Date: Northwest Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 5947707 EAST BEND, NC 2013 5947729 PINNACLE, NC 2013 5947767 VIENNA, NC 2013 5947737 SILOAM, NC 2013 Portions of Photo from: 20140524 Source: USDA TC4651799.2s EXECUTIVE SUMMARY 1 Target Property Address: 4508 SHADY GROVE CHURCH ROAD EAST BEND, NC 27018 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND MAPPED SITES SUMMARY DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 4651799.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL National Priority List Proposed NPL---------------- Proposed National Priority List Sites NPL LIENS Federal Superfund Liens Federal Delisted NPL site list Delisted NPL National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY---------. Federal Facility Site Information listing SEMS Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS -ARCHIVE Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS------------------ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG------------------ RCRA - Small Quantity Generators RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System US ENG CONTROLS--------. Engineering Controls Sites List TC4651799.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL_ _ _ _ _ _ _ _ _ _ Sites with Institutional Controls Federal ERNS list ERNS Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS------------------------ Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF List of Solid Waste Facilities OLI Old Landfill Inventory State and tribal leaking storage tank lists LAST_________________________ Leaking Aboveground Storage Tanks LUST Regional UST Database INDIAN LUST Leaking Underground Storage Tanks on Indian Land LUST TRUST ----------------- State Trust Fund Database State and tribal registered storage tank lists FEMA UST Underground Storage Tank Listing UST Petroleum Underground Storage Tank Database AST__________________________ AST Database INDIAN UST Underground Storage Tanks on Indian Land State and tribal institutional control/ engineering control registries INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites INDIAN VCP ------------------ Voluntary Cleanup Priority Listing VCP Responsible Party Voluntary Action Sites State and tribal Brownfields sites BROWNFIELDS Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS---------- A Listing of Brownfields Sites Local Lists of Landfill/ Solid Waste Disposal Sites HIST LF Solid Waste Facility Listing TC4651799.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY SWRCY---------------------- Recycling Center Listing INDIAN ODI Report on the Status of Open Dumps on Indian Lands ODI Open Dump Inventory DEBRIS REGION 9 ----------- Torres Martinez Reservation Illegal Dump Site Locations Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register US CDL National Clandestine Laboratory Register Local Land Records LIENS 2---------------------- CERCLA Lien Information Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System SPILLS Spills Incident Listing IMD-------------------------- Incident Management Database SPILLS 90 SPILLS 90 data from FirstSearch SPILLS 80 -------------------- SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR--------. RCRA - Non Generators / No Longer Regulated FUDS Formerly Used Defense Sites DOD Department of Defense Sites SCRD DRYCLEANERS------. State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST EPA WATCH LIST 2020 COR ACTION----------. 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS Toxic Chemical Release Inventory System SSTS------------------------. Section 7 Tracking Systems ROD Records Of Decision RMP Risk Management Plans RAATS----------------------- RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS PCB Activity Database System ICIS-------------------------- Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS------------------------ Material Licensing Tracking System COAL ASH DOE Steam -Electric Plant Operation Data COAL ASH EPA Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER-------_ PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS-------------------- Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees INDIAN RESERV Indian Reservations FUSRAP--------------------- Formerly Utilized Sites Remedial Action Program UMTRA Uranium Mill Tailings Sites LEAD SMELTERS Lead Smelter Sites US AIRS--------------------- Aerometric Information Retrieval System Facility Subsystem TC4651799.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US MINES -------------------- Mines Master Index File FINDS Facility Index System/Facility Registry System UXO Unexploded Ordnance Sites DOCKET HWC--------------- Hazardous Waste Compliance Docket Listing COAL ASH Coal Ash Disposal Sites DRYCLEANERS Drycleaning Sites Financial Assurance_ _ _ _ _ _ _ _ _ _ Financial Assurance Information Listing NPDES NPDES Facility Location Listing UIC Underground Injection Wells Listing FUELS PROGRAM----------- EPA Fuels Program Registered Listing ECHO Enforcement & Compliance History Information EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto________________ EDR Exclusive Historic Gas Stations EDR Hist Cleaner EDR Exclusive Historic Dry Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Recovered Government Archive Solid Waste Facilities List RGA LUST Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC4651799.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC4651799.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 4651799.2S This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Mill Dam Creek CLIENT: KCI Technologies, Inc. ADDRESS: 4508 Shady Grove Church Road CONTACT: Tim Morris East Bend NC 27018 INQUIRY #: 4651799.2s LAT/LONG: 36.23683/80.51935 DATE: June 20, 2016 12:43 pm Copyright m 2016 EDR, Inc. (c) 2015 TornTom Rel. 2015. Target Property o Iia 1@ 1 ones Sites at elevations higher than or equal to the target property Indian Reservations BIA Hazardous Substance � Sites at elevations lower than F/ -q Disposal Sites 100 -year flood zone the target property 500 -year flood zone A Manufactured Gas Plants 0 National Wetland Inventory National Priority List Sites Dept. Defense Sites 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Mill Dam Creek CLIENT: KCI Technologies, Inc. ADDRESS: 4508 Shady Grove Church Road CONTACT: Tim Morris East Bend NC 27018 INQUIRY #: 4651799.2s LAT/LONG: 36.23683/80.51935 DATE: June 20, 2016 12:43 pm Copyright m 2016 EDR, Inc. (c) 2015 TornTom Rel. 2015. DETAIL MAP - 4651799.2S 0 1/16 1/9 114 Mlles 0 Indian Reservations BIA Hazardous Substance 100 -year flood zone Disposal Sites 500 -year flood zone National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Mill Dam Creek CLIENT: KCI Technologies, Inc. ADDRESS: 4508 Shady Grove Church Road CONTACT: Tim Morris East Bend NC 27018 INQUIRY #: 4651799.2s LAT/LONG: 36.23683/80.51935 DATE: June 20, 2016 12:44 pm Copyright m 2016 EDR, Inc. (c) 2015 TornTom Rel. 2015. Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property A Manufactured Gas Plants r Sensitive Receptors National Priority List Sites Dept. Defense Sites 0 1/16 1/9 114 Mlles 0 Indian Reservations BIA Hazardous Substance 100 -year flood zone Disposal Sites 500 -year flood zone National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Mill Dam Creek CLIENT: KCI Technologies, Inc. ADDRESS: 4508 Shady Grove Church Road CONTACT: Tim Morris East Bend NC 27018 INQUIRY #: 4651799.2s LAT/LONG: 36.23683/80.51935 DATE: June 20, 2016 12:44 pm Copyright m 2016 EDR, Inc. (c) 2015 TornTom Rel. 2015. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS -ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LAST 0.500 0 0 0 NR NR 0 TC4651799.2s Page 4 Database MAP FINDINGS SUMMARY Search Distance Target Total (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted LUST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 LUST TRUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists US CDL TP Local Land Records 0 LIENS 2 TP FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control / engineering control registries INST CONTROL 0.500 State and tribal voluntary cleanup sites INDIAN VCP 0.500 VCP 0.500 State and tribal Brownfields sites BROWNFIELDS 0.500 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 US BROWNFIELDS 0.500 Local Lists of Landfill / Solid Waste Disposal Sites NR HIST LF 0.500 SWRCY 0.500 INDIAN ODI 0.500 ODI 0.500 DEBRIS REGION 9 0.500 Local Lists of Hazardous waste / Contaminated Sites NR 0 US HIST CDL TP US CDL TP Local Land Records 0 LIENS 2 TP Records of Emergency Release Reports HMIRS TP SPILLS TP IMD 0.500 SPILLS 90 TP SPILLS 80 TP Other Ascertainable Records NR RCRA NonGen / NLR 0.250 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 NR NR NR 0 TC4651799.2s Page 5 MAP FINDINGS SUMMARY EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 Search 0 0 0 NR 0 EDR Hist Auto 0.125 0 Distance Target NR NR NR 0 EDR Hist Cleaner 0.125 Total Database (Miles) Property < 1/8 1/8 - 1/4 1/4-1/2 1/2 - 1 > 1 Plotted FUDS 1.000 0 0 0 0 NR 0 DOD 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0 US FIN ASSUR TP NR NR NR NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0 2020 COR ACTION 0.250 0 0 NR NR NR 0 TSCA TP NR NR NR NR NR 0 TRIS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ROD 1.000 0 0 0 0 NR 0 RMP TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 PRP TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 DOT OPS TP NR NR NR NR NR 0 CONSENT 1.000 0 0 0 0 NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 FUSRAP 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 LEAD SMELTERS TP NR NR NR NR NR 0 US AIRS TP NR NR NR NR NR 0 US MINES 0.250 0 0 NR NR NR 0 FINDS TP NR NR NR NR NR 0 UXO 1.000 0 0 0 0 NR 0 DOCKET HWC TP NR NR NR NR NR 0 COAL ASH 0.500 0 0 0 NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 Financial Assurance TP NR NR NR NR NR 0 NPDES TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0 FUELS PROGRAM 0.250 0 0 NR NR NR 0 ECHO TP NR NR NR NR NR 0 EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 EDR Hist Auto 0.125 0 NR NR NR NR 0 EDR Hist Cleaner 0.125 0 NR NR NR NR 0 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS TP NR NR NR NR NR 0 TC4651799.2s Page 6 Database RGA LF RGA LUST - Totals -- MAP FINDINGS SUMMARY Search Distance Target (Miles) Property TP TP 0 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC4651799.2s Page 7 Total < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 0 0 0 TC4651799.2s Page 7 Mill Dam Creek 4508 Shady Grove Church Road East Bend, NC 27018 Inquiry Number: 4651799.3 June 20, 2016 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDR Toll Free: 800.352.0050 www.edrnet.com Certified Sanborn® Maa Resort 06/20/16 Site Name: Mill Dam Creek 4508 Shady Grove Church Ro, East Bend, NC 27018 EDR Inquiry # 4651799.3 Client Name: KCI Technologies, Inc. 4601 Six Forks Road Raleigh, NC 27609 Contact: Tim Morris The Sanborn Library has been searched by EDR and maps covering the target property location as provided by KCI Technologies, Inc. were identified for the years listed below. The Sanborn Library is the largest, most complete collection of fire insurance maps. The collection includes maps from Sanborn, Bromley, Perris & Browne, Hopkins, Barlow, and others. Only Environmental Data Resources Inc. (EDR) is authorized to grant rights for commercial reproduction of maps by the Sanborn Library LLC, the copyright holder for the collection. Results can be authenticated by visiting www.edrnet.com/sanborn. The Sanborn Library is continually enhanced with newly identified map archives. This report accesses all maps in the collection as of the day this report was generated. Certified Sanborn Results: Certification # ODF4-4CC3-8667 Po # 161601703 Project Mill Dam Creek FDP UNMAPPED PROPERTY This report certifies that the complete holdings of the Sanborn Library, LLC collection have been searched based on client supplied target property information, and fire insurance maps covering the target property were not found. Limited Permission To Make Copies Sanborn® Library search results Certification #: ODF4-4CC3-8667 The Sanborn Library includes more than 1.2 million fire insurance maps from Sanborn, Bromley, Perris & Browne, Hopkins, Barlow and others which track historical property usage in approximately 12,000 American cities and towns. Collections searched: *1111, Library of Congress FVJ' University Publications of America F� EDR Private Collection The Sanborn Library LLC Since 1866 - KCI Technologies, Inc. (the client) is permitted to make up to FIVE photocopies of this Sanborn Map transmittal and each fire insurance map accompanying this report solely for the limited use of its customer. No one other than the client is authorized to make copies. Upon request made directly to an EDR Account Executive, the client may be permitted to make a limited number of additional photocopies. 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All other trademarks used herein are the property of their respective owners. 4651799 - 3 page 2 Agency Letters KCI TECHNOLOGIES August 25, 2016 ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS Landmark Center IL Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax Ms. Renee Gledhill -Earley Environmental Review Coordinator State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: Cultural Resources Review Mill Dam Creek Restoration Project KCI Job # 161601703 Dear Mrs. Gledhill -Earley: On behalf of our client, the North Carolina Division of Mitigation Services (DMS), KCI Technologies, Inc. requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential stream restoration project on the above referenced site. The subject site is located approximately 0.5 miles north of the Town of East Bend, North Carolina in the northeastern portion of Yadkin County (Figure 1). Specifically, the site is 0.2 miles north on Shady Grove Church Road (SR -1538) from its intersection with Shoals Road (SR -1546). The site is within the 03040101 Watershed Cataloging Unit (8 -digit HUC) of the Yadkin River Basin and the 14 -digit HUC 03040101110070 (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). Please accept the attached information as a submittal for cultural resources review by the State Historic Preservation Office and the Office of State Archaeology. The planned stream restoration work aims to restore the hydrology and vegetation components to this stream system by realigning and remeandering the existing stream and stabilizing the site with native vegetation. There will not be any impacts to existing structures (buildings, barns, etc.) on the subject property. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. In addition, the majority of the site has historically been disturbed due to agricultural purposes such as row cropping, clearing, and stream channelization. Proposed mitigation actions are shown on Figure 4. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information concerning the extent of site disturbance associated with this project. Thank you in advance for your assistance. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES June 22, 2016 Ms. Marella Buncick US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Raleigh, NC 27636 Subject: Endangered Species Act, Fish and Wildlife Coordination Act, Migratory Bird Treaty Act Mill Dam Creek Restoration Site KCI Job # 161601703 Dear Ms. Buncick: Please accept this information pertaining to the proposed Mill Dam Creek stream restoration site for natural area and rare species review by the US Fish and Wildlife Service. The subject site is located approximately 0.5 miles north of the Town of East Bend, North Carolina in the northeastern portion of Yadkin County (Figure 1). Specifically, the site is 0.2 miles north on Shady Grove Church Road (SR - 1538) from its intersection with Shoals Road (SR -1546). The site is within the 03040101 Watershed Cataloging Unit (8 -digit HUC) of the Yadkin River Basin and the 14 -digit HUC 03040101110070 (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). A portion of the site (Figure 4) is currently under investigation as a stream restoration project for the North Carolina Department of Environmental Quality Division of Mitigation Services (DMS). The funding for this project comes from the USDOT Federal Highway Administration through the North Carolina Department of Transportation. The planned restoration aims to restore the hydrology and vegetation components to this stream system by realigning and remeandering the existing stream, reducing the impacts of adjacent agricultural practices, and stabilizing the site with native vegetation. All of the stream restoration actions will focus on reconnecting the restoration areas to its floodplain and the forested corridor along Mill Dam Creek. Besides expanding and enhancing the riparian corridor, it will also increase the buffering capacity before runoff reaches Mill Dam Creek. There will not be any impacts to existing structures (buildings, barns, etc.) on the subject property. As part of the environmental documentation process (Categorical Exclusion), coordination with the NCWRC and the USFWS is required for compliance with the Fish and Wildlife Coordination Act and the Endangered Species Act. We have already obtained an updated species list for Yadkin County from your web site. The rare, threatened and endangered species for this county are included in Attachment 1. We are requesting that you please provide any known information for any additional species, if any, in the county that we should be aware of in the development of this project. The USFWS will be contacted if additional studies find suitable habitat for any listed species or if we determine that the project may affect one or more federally listed species or designated critical habitat. Please provide comments on any possible issues that might emerge with respect to endangered species, migratory birds or other trust resources from the construction of a stream and wetland restoration project on the subject property. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 If we have not heard from you in 30 days we will assume that our species list is correct, that you do not have any comments regarding associated laws, and that you do not have any information relevant to this project at the current time. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. My phone number is 919-278-2511 and my email address is tim.morris(&kci.com Sincerely, Timothy J. Morris Project Manager Enclosures KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 Endangered Species Review for Mill Dam Creek Restoration Site Yadkin County, North Carolina A review of the United States Fish and Wildlife Service's (USFWS) listing of federally endangered species, threatened species, species of concern and candidate species revealed three federal species of concern, and one threatened species in Yadkin County (Table 1). Table 1. Species in Yadkin County, North Carolina listed under the federal Endangered Species Act. Common Name Scientific name Federal Record Status Status Vertebrate: Allegheny woodrat Neotoma magister FSC Current Northern long-eared bat Myotis septentrionalis T Probable/Potential Robust redhorse Moxostoma robustum FSC Historic Bald eagle Haliaeetus leucocephalus BGPA Current Invertebrate: Brook floater Alasmidonta varicosa FSC Current Bald and Golden Eagle Protection Act (BGPA) The Bald and Golden Eagle Protection Act (BGPA) prohibits the killing, selling or otherwise harming of eagles, their nests and their eggs. The bald eagle was delisted as endangered in 1995 and as threatened in 2007. The BGPA continues to protect the species regardless of its delisted status. Bald eagles have been documented in Johnston County. Bald Eagle (Haliaeetus leucocephalus) Bald eagles like lakes and other large bodies of water. During the summer, they can be seen soaring above lakes and in the nearby trees. They prefer lakes and reservoirs with lots of fish and surrounding forests. In the winter, bald eagles can be seen around unfrozen lakes and hunting along coastlines, reservoirs and rivers. During the migration, bald eagles are seen near all types of water habitats. The bald eagle is an opportunistic feeder which subsists mainly on fish, which it swoops down and snatches from the water with its talons. It builds the largest nest of any North American bird and the largest tree nests ever recorded for any animal species, up to 4 m (13 ft) deep, 2.5 m (8.2 ft) wide, and 1 metric ton (1.1 short tons) in weight. Sexual maturity is attained at the age of four to five years. The bald eagle typically requires old-growth and mature stands of coniferous or hardwood trees for perching, roosting, and nesting. Tree species reportedly is less important to the eagle pair than the tree's height, composition and location. Perhaps of paramount importance for this species is an abundance of comparatively large trees surrounding the body of water. Selected trees must have good visibility, be over 20 m (66 ft) tall, an open structure, and proximity to prey. Potential Habitat at the Mill Dam Creek Stream Restoration Site Habitat for Bald Eagle (Haliaeetus leucocephalus) 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. The project lies within the headwaters of the Mill Dam Creek drainage and there are no large bodies of water near the project to provide preferred forage for the bald eagle. Biological Conclusion: No effect Potential Habitat for Northern Long -Eared Bat (Myotis septentrionalis) The northern long-eared bat is one of the species of bats most impacted by the disease white -nose syndrome. Due to declines caused by white -nose syndrome and continued spread of the disease, the northern long-eared bat was listed as threatened under the Endangered Species Act on April 2, 2015. The USFWS also developed a final 4(d), which published in the Federal Register on January 14, 2016. The 4(d) rule specifically defines the "take" prohibitions. USFWS has determined that designating critical habitat for the northern long-eared bat is not prudent. Northern long-eared bat summer habitat is not limited or in short supply and summer habitat loss is not a range -wide threat to the species. Designating critical habitat in the areas where it summers would not benefit the northern long-eared bat, and therefore, would not be prudent. Winter habitat does have specific physical and biological features that are essential to the conservation of the species, and, therefore, meets the definition of critical habitat. However, information became available demonstrating that designating critical habitat would likely increase vandalism, disturbance, and, potentially, the spread of white -nose syndrome in the caves and mines where northern long-eared bats hibernate. Therefore, USFWS determined that it is not prudent to designate winter habitat as critical habitat. The Mill Dam Creek site is located within the White -Nosed Syndrome Zone per the 4(d) rule however it is not within a County with WNS/Pd Infected Hibernacula, nor does the Natural Heritage database show occurrence of the Northern Long Eared Bat within a one - mile radius of the site. Biological Conclusion: See attached Consultation Form Reference: NCDEQ, Wildlife Resources Commission. 2016. Carolina Wildlife Profiles. http://www.newildlife. org/fs_index_07_conservation.htm NCDEQ, Natural Heritage Program. 2016. Natural Heritage Data Explorer. https://ncnhde.natureserve.org/ United States Fish and Wildlife Service. 2016. North Carolina's Threatened and Endangered Species. http://www.fws.gov/southeast/. Northern Lone -Eared Bat 4(d) Rule Streamlined Consultation Form Federal agencies should use this form for the optional streamlined consultation framework for the northern long- eared bat (NLEB). This framework allows federal agencies to rely upon the U.S. Fish and Wildlife Service's (USFWS) January 5, 2016, intra -Service Programmatic Biological Opinion (BO) on the final 4(d) rule for the NLEB for section 7(a)(2) compliance by: (1) notifying the USFWS that an action agency will use the streamlined framework; (2) describing the project with sufficient detail to support the required determination; and (3) enabling the USFWS to track effects and determine if reinitiation of consultation is required per 50 CFR 402.16. This form is not necessary if an agency determines that a proposed action will have no effect to the NLEB or if the USFWS has concurred in writing with an agency's determination that a proposed action may affect, but is not likely to adversely affect the NLEB (i.e., the standard informal consultation process). Actions that may cause prohibited incidental take require separate formal consultation. Providing this information does not address section 7(a)(2) compliance for any other listed species. Information to Determine 4(d) Rule Compliance: YES NO 1. Does the project occur wholly outside of the WNS Zone'? ❑ 2. Have you contacted the appropriate agency2 to determine if your project is near ❑x ❑ known hibernacula or maternity roost trees? 3. Could the project disturb hibernating NLEBs in a known hibernaculum? ❑ N 4. Could the project alter the entrance or interior environment of a known ❑ N hibernaculum? 5. Does the project remove any trees within 0.25 miles of a known hibernaculum at ❑ any time of ear? 6. Would the project cut or destroy known occupied maternity roost trees, or any ❑ N other trees within a 150 -foot radius from the maternity roost tree from June 1 through July 31. You are eligible to use this form if you have answered yes to question #1 or yes to question #2 and no to questions 3, 4, 5 and 6. The remainder of the form will be used by the USFWS to track our assumptions in the BO. Agency and Applicant3 Donnie Brew, FHWA, Donnie.brew(adot.gov. 919-747-7017 and KCI Technologies, Inc., tim.morris(akci.com 919-278-2511 Project Name: Mill Dam Creek Stream Restoration Site Project Location: The site is located approximately 0.5 miles north of East Bend, North Carolina. Specifically, the site is 0.2 mile north on Shady Grove Church Road (SR -1538) from its intersection with Shoals Road (SR -1546). The center of the site is at approximately 3 6.23 90 N and —80.5201 W in the East Bend USGS Quadrangle. Basic Project Description (provide narrative below or attach additional information): The Mill Dam Creek Restoration Site (MDCRS) is a candidate site for stream restoration in the Yadkin River Basin in Yadkin County, North Carolina. As evidenced by historic aerial photos and site investigations, the streams 1 http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf z See http://www.fvvs.gov/midwest/endangered/mammals/nleb/nhisites.html 3 If applicable - only needed for federal actions with applicants (e.g., for a permit, etc.) who are party to the consultation. at this site have been substantially modified from relocation and straightening, impacted from cattle and other anthropogenic impacts. Restoring these streams will not only return these tributaries to a stable stream ecosystem with a functional riparian buffer and floodplain access, but will also lower the supply of sediment entering Hall Creek and reduce incoming nutrients from livestock. The project goals for MDCRS are in line with the following basin goals: - Managing stormwater runoff. - Reducing fecal coliform inputs. - Improving/restoring riparian buffers. - Reducing sediment loading. - Improving stream stability. - Reducing nutrient loading. - Excluding livestock and implementing other agricultural BMPs. Project -specific goals for the site will include: - Restore channelized and livestock -impacted streams to more natural planforms within the landscape. - Buffer nutrient and sediment impacts to the Yadkin River and its tributaries from adjacent grazing and farming practices. - Improve and expand habitat for a variety of aquatic species. General Project Information YES NO Does the project occur within 0.25 miles of a known hibernaculum? ❑ ❑X Does the project occur within 150 feet of a known maternity roost tree? ❑ ❑X Does the project include forest conversion'? (if yes, report acreage below) ❑X ❑ Estimated total acres of forest conversion 2.0 If known, estimated acres5 of forest conversion from April 1 to October 31 2.0 If known, estimated acres of forest conversion from June 1 to July 316 0.0 Does the project include timber harvest? (if yes, report acreage below) ❑ ❑X Estimated total acres of timber harvest If known, estimated acres of timber harvest from April 1 to October 31 If known, estimated acres of timber harvest from June 1 to July 31 Does the project include prescribed fire? (if yes, report acreage below) ❑ ❑X Estimated total acres of prescribed fire If known, estimated acres of prescribed fire from April 1 to October 31 If known, estimated acres of prescribed fire from June 1 to July 31 Does the project install new wind turbines? (if yes, report capacity in MW below) ❑ ❑X Estimated wind capacity (MW) 4 Any activity that temporarily or permanently removes suitable forested habitat, including, but not limited to, tree removal from development, energy production and transmission, mining, agriculture, etc. (see page 48 of the BO). s If the project removes less than 10 trees and the acreage is unknown, report the acreage as less than 0.1 acre. 6 If the activity includes tree clearing in June and July, also include those acreage in April to October. Agency Determination: By signing this form, the action agency determines that this project may affect the NLEB, but that any resulting incidental take of the NLEB is not prohibited by the final 4(d) rule. If the USFWS does not respond within 30 days from submittal of this form, the action agency may presume that its determination is informed by the best available information and that its project responsibilities under 7(a)(2) with respect to the NLEB are fulfilled through the USFWS January 5, 2016, Programmatic BO. The action agency will update this determination annually for multi-year activities. The action agency understands that the USFWS presumes that all activities are implemented as described herein. The action agency will promptly report any departures from the described activities to the appropriate USFWS Field Office. The action agency will provide the appropriate USFWS Field Office with the results of any surveys conducted for the NLEB. Involved parties will promptly notify the appropriate USFWS Field Office upon finding a dead, injured, or sick NLEB. Signature: Date Submitted: KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Mr. Milton Cortes Assistant State Soil Scientist USDA Natural Resource Conservation Service 4407 Bland Rd., Suite 117 Raleigh, NC 27609 Subject: Farmland Conversion Impact Rating Mill Dam Creek Restoration Project KCI Job Number - 161601703 Dear Mr. Cortes: The purpose of this letter is to inform NRCS of our contractual intent to complete a stream restoration project on the several properties in Yadkin County. This work is expected to occur over the course of the next year. The subject site, known as the Mill Dam Creek restoration site is located approximately 0.5 miles north of the Town of East Bend, North Carolina in the northeastern portion of Yadkin County (Figure 1). Specifically, the site is 0.2 miles north on Shady Grove Church Road (SR -1538) from its intersection with Shoals Road (SR -1546). The site is within the 03040101 Watershed Cataloging Unit (8 -digit HUC) of the Yadkin River Basin and the 14 -digit HUC 03040101110070 (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). The site is currently under investigation as a stream restoration project for the North Carolina Division of Mitigation Services. The funding for this project comes from the USDOT and Federal Highway Administration. The planned restoration work aims to restore the hydrology and vegetation components to this stream system by realigning and remeandering the existing stream and stabilizing the site with native vegetation (Figure 4). Following the review of the included documentation, please provide a determination regarding any potential impacts from farmland conversion associated with this project. Included is the Farmland Conversion Impact Rating Form (AD -1006) and a soil map (Figure 5) with the breakdown of soil type and acreage; please complete Parts II, IV and V. Feel free to contact me at tim.morris(&kci.com, or 919-278-2511, should you have any questions or require any further information concerning the extent of site disturbance associated with this project. Thank you in advance for your assistance. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS I Landmark Center H, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Ms. Shannon Deaton Habitat Conservation Program Manager NC Wildlife Resources Commission, Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Subject: Fish and Wildlife Coordination Act Mill Dam Creek Restoration Project KCI Project Number - 161601703 Dear Ms. Deaton: The purpose of this letter is to request review and comment from the NC Wildlife Resources Commission with respect to potential fish and wildlife impacts associated with the above referenced project. The subject site is located approximately 0.5 miles north of the Town of East Bend, North Carolina in the northeastern portion of Yadkin County (Figure 1). Specifically, the site is 0.2 miles north on Shady Grove Church Road (SR -1538) from its intersection with Shoals Road (SR -1546). The site is within the 03040101 Watershed Cataloging Unit (8 -digit RUC) of the Yadkin River Basin and the 14 -digit HUC 03040101110070 (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). A portion of the site (Figure 4) is currently under investigation as a stream restoration project for the North Carolina Division of Mitigation Services. The funding for this project comes from the USDOT Federal Highway Administration through the North Carolina Department of Transportation. Land use at this site is primarily pastureland and agriculture. The planned restoration work aims to restore the hydrology and vegetation components to this stream system by realigning and remeandering the existing stream and stabilizing the site with native vegetation. As part of the environmental documentation process (Categorical Exclusion), coordination with the NCWRC and the USFWS is required for compliance with the Fish and Wildlife Coordination Act. Following the review of the included documentation, please provide a determination of the potential effects to wildlife associated with this project. Please feel free to contact me at tim.morris(iDkci.com, or 919-278-2511, should you have any questions or require any further information concerning the extent of site disturbance associated with this project. Thank you in advance for your assistance. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 January 2016 4 SURRY O X m CO) r - X 52 m Cn O �S �,S, `ver Prarat IREDELL DAVIE cy G,p ny 67 EAST BEND i QCounty Boundary Project Site Location Major Roads Minor Roads Major Rivers Cities and Towns FIGURE 1. VICINITY MAP N 0 0.75 1.5 Miles MILL DAM CREEK RESTORATION SITE YADKIN COUNTY, NC January 2016 4 � :. 00 r `I ��---elk •� C s `7 � rt � i"r. �„ � 1 � ���' � � � ` �;, x t� fay r .-� , , �J• ��-._.. J— � -- L �� I _•may` ry ���.�r � - � �� `\/ r 1r It ~ �� {�/' � � r�..r � � rr � � r tiv � 'k} � � ,• �� ` `' �� �'•. -L_ � Gil ^`_rte � ' ` �„ ". _`L Proposed Easement \` +, 2 I �! Q Project Watershed _ �_- ' _ � J r Project Streams r �J al•1� •�t� i f�• •`i1��a - - �r r Q 14 Digit HUC Boundary +tom % �•- vA_ fi 1 FIGURE 2. USGS TOPOGRAPHIC MAP N 0 1,000 2,000 MILL DAM CREEK RESTORATION SITE Source: USGS DRG, Feet YADKIN COUNTY, NC ^ East Bend Quad. I 4� v ". .v 0 250 TO T yb Ec 410* VlWIkB JS NRCS Soil Survey (Columbus County) Project Parcel Project Easement Soils (64.6 ac) Foreston Loamy Fine Sand (Fo) - 0.95 ac Itor $0 Ec Johnston Loam, Frequently Flooded (Js) - 22.76 Leon Sand, 1 To 4 Percent Slopes (LnB) - 1.92 ac Stallings Sandy Loam (St) - 3.23 ac Mu Torhunta Fine Sandy Loam (To) - 17.67 ac NRCS SOIL SURVEY N 500 ROUGH HORN SWAMP RESTORATION SITE source: NRCS SSURGO Data, Feet COLUMBUS COUNTY, NC NC OneMap Imagery, 2013 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Ms. Janice Baity 4341 Shady Grove Church Road East Bend, NC 27018 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Ms. Baity, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Mr. Bryce Smitherman Post Office Box 167 Sea Level NC 28577 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Mr. Smitherman, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Ms. Sara Wood 4236 Shady Grove Church Road East Bend, NC 27018 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Ms. Wood, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Mr. Santos Pozo 3046 Shoals Road East Bend, NC 27018 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Mr. Pozo, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Mr. Jose Samuel Pozo 3064 Aztec Drive East Bend, NC 27018 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Mr. Pozo, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Mr. Roy Russell 1670 Jordan Drive Winston Salem NC 27105 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Mr. Russell, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Mr. Donald Mathis Post Office Box 671 East Bend, NC 27018 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Mr. Mathis, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Mr. James Smitherman 3633 Shoals Road East Bend, NC 27018 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Mr. Smitherman, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Mr. Joel Dinkins 1121 Pecan Ridge Drive East Bend, NC 27018 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Mr. Dinkins, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCT ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS 1 Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES August 25, 2016 Mr. Charles Smitherman 4508 Shady Grove Church Road East Bend, NC 27018 Subject: Notification of Uniform Act Provisions KCI Job Number — 161601703 Dear Mr. Smitherman, As part of the environmental documentation process in preparation for the stream restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $20,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist KCI Technologies, Inc. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 Agency Responses North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz September 29, 2016 Timothy Morris KCI Technologies Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 Office of Archives and History Deputy Secretary Kevin Cherry Re: Mill Dam Creek Restoration, East Bend, KCI 161601703, Yadkin County, ER 16-1563 Dear Mr. Morris: Thank you for your letter of August 25, 2016, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 USDA Natural Resources August 26, 2016 Conservation Service North Carolina Timothy J. Morris State Office Senior Environmental Scientist 4407 Bland Road KCI Technologies, Inc. Suite 117 Landmark Center II, Suite 220 Raleigh, NC 27609 4601 Six Forks Road Voice 919-873-2171 Fax (844) 325-2156 Raleigh, NC 27609 Dear Mr Morris: Thank you for your letter dated August 25, 2016, Subject: Request for Comments — Farmland Conversion Impact Rating, Mill Dam Creek Restoration Project, KCI Job Number— 161601703, Yadkin Co., NC. The following guidance is provided for your information. Projects are subject to the Farmland Protection Policy Act (FPPA) requirements if they may irreversibly convert farmland (directly or indirectly) to non- agricultural use and are completed by a federal agency or with assistance from a federal agency. Farmland means prime or unique farmlands as defined in section 1540(c)(1) of the FPPA or farmland that is determined by the appropriate state or unit of local government agency or agencies with concurrence of the Secretary of Agriculture to be farmland of statewide local importance. For the purpose of FPPA, farmland includes prime farmland, unique farmland, and land of statewide or local importance. Farmland subject to FPPA requirements does not have to be currently used for cropland. It can be forestland, pastureland, cropland, or other land, but not water or urban built-up land. Farmland does not include land already in or committed to urban development or water storage. Farmland already in urban development or water storage includes all such land with a density of 30 structures per 40 -acre area. Farmland already in urban development also includes lands identified as urbanized area (UA) on the Census Bureau Map, or as urban area mapped with a tint overprint on the United States Geological Survey (USGS) topographical maps, or as urban -built-up on the United States Department of Agriculture (USDA) Important Farmland Maps. The area in question meets one or more of the above criteria for Farmland. Farmland area will be affected or converted. Enclosed is the Farmland Conversion Impact Rating form AD 1006 with PARTS II, IV and V completed by NRCS. The corresponding agency will need to complete the evaluation, according to the Code of Federal Regulation 7CFR 658, Farmland Protection Policy Act. The Natural Resources Conservation Service is an agency of the Department of Agriculture's Natural Resources mission. An Equal Opportunity Provider and Employer Mr. Morris Page 2 If you have any questions, please contact Milton Cortes, Assistant State Soil Scientist at 919-873-2171 or by email: milton.cortesgnc.usda.gov. Again, thank you for inquiry. If we can be of further assistance, please do not hesitate to contact us. Sincerely, Digitally signed 1, MILTON CORTES MILTON CORTES Agriculture, —MILTON 'OR20010.... Q 78 —Department of Date: 2016.08.2617:28:45 -04'00' Milton Cortes Assistant State Soil Scientist cc: Kent Clary, State Soil Scientist, NRCS, Raleigh, NC U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 8-25-16 Name of Project MITI Dam Creek Stream Restoration Federal Agency Involved FHWA Proposed Land Use Stream Restoration County and State Yadkin County, NC PART II (To be completed by NRCS) Date Request Received By NRCS /25/2016 ng F r Pe , on Cc pletiRA Pe 6oRes CS NC Does the site contain Prime, Unique, Statewide or Local Important Farmland? (If no, the FPPA does not apply - do not complete additional parts of this form) YES NO Z✓ ❑ Acres Irrigated none Average Farm Size 106 acres Major Crop(s) CORN Farmable Land In Govt. Jurisdiction Acres: 80.51 °/% 174, 015 acres Amount of Farmland As Defined in FPPA Acres: 71.1%% 153, 764 acres Name of Land Evaluation System Used Yadkin Co. NC LESA Name of State or Local Site Assessment System N/A Date Land Evaluation Returned by NRCS August 26, 2016 by email PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C I Site D A. Total Acres To Be Converted Directly 36.92 B. Total Acres To Be Converted Indirectly 0 C. Total Acres In Site 39.8 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland 5.35 B. Total Acres Statewide Important or Local Important Farmland 17.36 C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted 0.0148 D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value 71 % PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted Scale of 0 to 100 Points 46 PART VI (To be completed by Federal Agency) Site Assessment Criteria Maximum Criteria are explained in 7 CFR 658.5 b. For Corridorproject use form NRCS-CPA-106 Points Site A Site B Site C Site D 1. Area In Non-urban Use (15) 15 2. Perimeter In Non-urban Use (10) 10 3. Percent Of Site Being Farmed (20) 20 4. Protection Provided By State and Local Government (20) 0 5. Distance From Urban Built-up Area (15) 9 6. Distance To Urban Support Services (15) 10 7. Size Of Present Farm Unit Compared To Average (10) 5 8. Creation Of Non-farmable Farmland (10) 0 9. Availability Of Farm Support Services (5) 4 10. On-Farm Investments (20) 15 11. Effects Of Conversion On Farm Support Services (10) 0 12. Compatibility With Existing Agricultural Use (10) 0 TOTAL SITE ASSESSMENT POINTS 160 88 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 46 0 0 0 Total Site Assessment (From Part VI above or local site assessment) 160 88 0 0 0 TOTAL POINTS (Total of above 2 lines) 260 134 0 0 0 Site Selected: Date Of Selection Was A Local Site Assessment Used? YES NO Reason For Selection: Name of Federal agency representative completing this form: FHWA Date: 10-5-16 (See Instructions on reverse side) Form AD -1006 (03-02) K� North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director September 14, 2016 Timothy Morris KCI Technologies 4601 Six Forks Road Raleigh, NC 27609 SUBJECT: Mill Dam Creek Restoration Project Yadkin County Dear Mr. Morris: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) received your August 25, 2016 letter regarding plans for a stream restoration project on unnamed tributaries to Hall Creek in Yadkin County. You requested information concerning potential effects to wildlife associated with this project. Our comments on this project are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The site is being evaluated as a possible stream restoration project for the NC Division of Mitigation Services. The project involves channel realignment and riparian buffer establishment; no details on project design or linear footage are provided. This project will not impact wild trout resources. We do not have any records of rare or listed species within the project footprint. However, approximately 2.5 miles downstream, there are two state listed mussels—the Creeper (Strophitus undulatus, NC Threatened) and Brook Floater (Alasmidonta varicosa'US Federal Species of Concern, NC Endangered) in the Yadkin River. This reach of the Yadkin River is known as the Yadkin River Aquatic Habitat, a natural area designated by the NC Natural Heritage Program due to the richness of rare species it contains. We recommend that riparian buffers that are to be reestablished be as wide as possible, given site constraints and landowner needs. NCWRC generally recommends a woody buffer of 100 feet on perennial streams in order to maximize the benefits of buffers, including bank stability, stream shading, treatment of overland runoff, and wildlife habitat. In addition, sediment and erosion control is particularly important at this site in order to minimize sediment loss and impacts to downstream aquatic resources. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Mill Dam Creek Restoration Project Page 2 September 25, 2016 UTs to Hall Cr, Yadkin County Thank you for the opportunity to review and comment on this project. Please contact me at (828) 558-6011 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator Habitat Conservation Program NORTH CAROLINA DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Pat McCrory Bryan Gossage Susan Kluttz Governor Executive Director Secretary Clean Water Management Trust Fund NCNHDE-1518 April 20, 2016 Thomas Seelinger KCI Technologies, Inc. 4601 Six Forks Road Raleigh, NC 27609 tommy.seelinger@kci.com RE: Mill Dam Creek Stream Restoration Project Dear Thomas Seelinger: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources from our database that have been compiled for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for site-specific surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. The location of the natural areas and conservation/managed areas can be viewed online on the Natural Heritage Data Explorer found at: https://ncnhde.natureserve.or_ /. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact John Finnegan at john.finnegan@ncdcr.gov or 919.707.8630. Sincerely, NC Natural Heritage Program Page 1 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Mill Dam Creek Stream Restoration Project April 20, 2016 NCNHDE-1518 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Group Status Rank Rank Observation Occurrence Special G5 S2S3 Date Status Amphibian 15531 Ambystoma talpoideum Mole Salamander 2014-02-26 Current Amphibian 31683 Ambystoma talpoideum Mole Salamander 2012-08 Current Amphibian 18054 Hemidactylium scutatum Four -toed Salamander 2007-04-18 Current Butterfly 404 Erynnis martialis Mottled Duskywing 2002-04-20 Current Freshwater 21772 Alasmidonta varicosa Brook Floater 2000-08-22 Current Bivalve 3 -Medium Species of Endangered G3 Freshwater 2961 Strophitus undulatus Creeper 2000-08-22 Current Bivalve --- Threatened G5 S3 2 -High Natural 3966 Floodplain Pool --- 1991-05 Current Community G3G4 S4 3 -Medium --- --- Natural 19957 Mesic Mixed Hardwood --- 2002-04-20 Current Community 4 -Low Forest (Piedmont Significantly G4? S1 Subtype) 3 -Medium Natural 5707 Piedmont Cliff (Acidic --- 2002-04-20 Current Community Subtype) Vulnerable Natural 7725 Piedmont Levee Forest --- 2002-04-20 Current Community (Typic Subtype) Vascular Plant 35170 Heuchera pubescens Downy Alumroot 2009-04-11 Current Vascular Plant 27699 Silphium connatum Virginia Cup -plant 2009-07-05 Current Page 2 of 4 Accuracy Federal State Global State Status Status Rank Rank 4 -Low --- Special G5 S2S3 Concern 2 -High --- Special G5 S2S3 Concern 4 -Low --- Special G5 S3 Concern 3 -Medium --- Significantly G3 S2 Rare 3 -Medium Species of Endangered G3 S2 Concern 3 -Medium --- Threatened G5 S3 2 -High --- --- G3 S2 3 -Medium --- --- G3G4 S4 3 -Medium --- --- G2? S2 3 -Medium --- --- G3G4 S3S4 4 -Low --- Significantly G4? S1 Rare Peripheral 3 -Medium --- Special G3G4Q S2 Concern Vulnerable Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Collective Rating Yadkin Islands Forest R3 (High) C4 (Moderate) YAD/Yadkin River Aquatic Habitat n/a (Not Applicable) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Pilot Mountain State Park NC DNCR, Division of Parks and Recreation State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/contenVhelp. Data query generated on April 20, 2016; source: NCNHP, Q4 October 2015. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-1518: Mill Dam Creek Stream Restoration Project April 20, 2016 1:29,574 El Project Boundary E] Managed Area [MAREA] 0 0-25 0.5 1 mi Suffered Project Boundary 9 0A 0.8 1.6 km Sources: Esri, HERE, QeLorme. Intermap, increment P Corp, GEBCO. NHP Natural Area (NFiNA) 11SGS. FAD, NPS, NRCAK Ge Base, IGN, Kadaster NL. Ord mme Survey, Page 4 of 4 Affidavit of Public Notice NORTH CAROLINA YADKIN COUNTY AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Ferris W. Simpson who being first duly sworn, deposes and says: that he (she) is Circulation Manager (Publisher or other officer or employee authorized to make affidavit) of Civitas Media, LLC, engaged in the publication of a newspaper known as THE YADKIN RIPPLE, published, issued, and entered as periodicals class mail in the town of Yadkinville in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in THE YADKIN RIPPLE on the following dates: and that the said newspaper in which such notice, paper, document or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. Signature of person Sworn to and subscribed before me, this day of ZP44-t' j� , 2016 V qL� — NotarV#ublic My Commission expires: January 15, 2018 E =HENDERSONERSONLICtynanuary 15, 2018 Mill Dam Creek Stream Restoration Project KCI Technologies, Inc. pro- poses to purchase conserva- tion easement rights on ap- proximately 39 acres of exist- ing farm and woodland in East Bend, Yadkin County, NC. The site is located on several prop- erties between Shady Grove Church Road and Shoals Road. The purpose of acquir- ing the easement rights is to provide mitigation for impacts to streams that have, or will, result from existing or future development in this area. Anyone desiring that an in- formational public meeting be held for this proposed action may make a request by re- gistered letter to KCI Technolo- Rles, Inc. at 4601 Six Forks Road, Suite 220, Raleigh NC 27609. Requests must be postmarked by October 1, 2016. If additional information Is required, please contact Tim Moms at 919-278-2511. The project is being com- pleted for the North Carolina Department of Environmental Quality, Division of Mitigation Services (DMS). DMS re- serves the right to determine If a public meeting will be held. Publish September 1, 2016