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HomeMy WebLinkAbout20171122 Ver 2_Draft Submital_GUC BPDP_20190628ID#* 20171122 Select Reviewer:* Katie Merritt Initial Review Completed Date 07/01/2019 Mitigation Project Submittal - 6/28/2019 Version* 2 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* r Stream r Wetlands W Buffer V Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Raymond holz Project Information Existing 20171122 (DWR) (nunbersonly ...nodash) ID#:* Project Type: r DMS r Mitigation Bank Project Name: GUC Bank Parcel County: Pitt Document Information Email Address:* rholz@restorationsystems.com Existing 2 Version: (nunbersonly) Mitigation Document Type:* Mitigation Bank Instrument File Upload: Draft Submital GUC BPDP NCDWR 2017- — — — 31.06M6 1122v2_06-28-2019. pdf DRAFT RS GUC MBI_06-28-2019_.pdf 728.47KB Rease upload only one RDF of the conplete file that needs to be subr itted... Signature Print Name:* Raymond Holz Signature:* Bank Parcel Development Package GUC NUTRIENT OFFSET AND BUFFER MITIGATION BANK PARCEL Tar-Pamlico River Basin NCDWR ID#: 2017-1122v2 Bank Parcel Sponsor Restoration Systems, LLC POC: Raymond Holz (rholz@restorationsystems.com) Ph: 919-755-9490 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 June 28, 2019 GUC Bank Parcel Development Plan Table of Contents Tar-Pamlico River Basin 8-Digit HUC: 03020103 Table of Contents Introduction..................................................................................................................................................... 1 Project Location/Ownership ............................................................................................................... 1 Parcel Overview .................................................................................................................................. 2 Historic Land Use ................................................................................................................................ 3 City of Greenville Waste Water Treatment Plant (WWTP) Use: ......................................................... 3 Project Area – Current Conditions .................................................................................................................. 3 Physiography....................................................................................................................................... 3 Soils ..................................................................................................................................................... 4 Existing Vegetative Communities ....................................................................................................... 4 Parcel Design and Implementation Constraints ................................................................................. 5 2.4.1 Existing Piedmont Natural Gas Company, Inc. (PNG) Easements .......................................... 5 2.4.2 Existing Utility Line ................................................................................................................ 6 2.4.3 Threatened and Endangered Species .................................................................................... 6 2.4.4 Cultural Resources ................................................................................................................. 6 2.4.5 Air Transport Facilities ........................................................................................................... 6 Restoration Plan .............................................................................................................................................. 6 Construction Activities (Figure 5) ........................................................................................................ 8 Permitting ........................................................................................................................................... 8 Planting Plan ....................................................................................................................................... 9 Parcel Protection & Easement Boundaries ....................................................................................... 11 Monitoring and Maintenance Plan ............................................................................................................... 11 Monitoring Protocol ......................................................................................................................... 11 Parcel Maintenance .......................................................................................................................... 11 Long Term Management Plan ........................................................................................................... 12 Financial Assurance ....................................................................................................................................... 12 Mitigation Potential ...................................................................................................................................... 12 References ..................................................................................................................................................... 13 Appendix Appendix A: Figures and Photographs Figure 1 – Parcel Location / Service Area Figure 2 – USGS Topography Figure 3 – NRCS Soil Survey Figure 4 – Current Conditions Figure 5 – Restoration Plan Figure 6 A - C – Credit Determination Appendix B: NCDWR Correspondence Appendix C: NRCS Web Soil Survey Report Appendix D: Environmental Records & Scoping Letters Appendix E: Permitting References USACE Nationwide Permits 13, Bank Stabilization, and 40, Agricultural Activities FEMA Flood Insurance Rate Map of NC, Panel 2566 & 2565 NC Sedimentation Pollution Control Act of 1973 Appendix F: Existing Site Photos GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 1 Bank Parcel Development Package GUC Nutrient Offset and Buffer Mitigation Bank Parcel Pitt County, NC – Tar-Pamlico River Basin Introduction The GUC Nutrient Offset and Buffer Mitigation Bank Parcel (“Parcel” or “Site”) is proposed under the terms and conditions of the GUC Mitigation Banking Instrument, made and entered into on , by Restoration Systems, LLC (RS), acting as Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR). The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B .0258, 15A NCAC 02B .0240, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, which became effective on November 1, 2015. Located in Pitt County North Carolina, the project encompasses ϵϵ͘ϴϬacres of historic pasture and irrigated biosolids lands for the City of Greensboro Waste Water Facility. The project will restore the riparian areas along three (3) unnamed tributaries and two (2) surface water conveyances (ditches) with direct hydrologic connection to Tar River. The primary purpose of the Parcel is to provide riparian buffer mitigation credit and nutrient offset credits for stormwater requirements within the United States Geological Survey (USGS) Cataloging Unit 03020103. NCDWR representatives Katie Merritt and Chris Pullinger conducted an onsite determination for parcel applicability and suitability on November 11, 2017. Following-up information was provided to Katie Merritt on January 22, 2019 and a Site Viability for Buffer & Nutrient Offset was provided by the Division on March 25, 2019. Prior to the initial credit release, RS will secure a conservation easement to preserve the Parcel and restrict any development that would impair or interfere with the conservation values of the Property . Per the referenced Mitigation Banking Instrument (MBI) above, RS will arrange the transfer of the conservation easement and its interests in perpetuity to a qualified holder under N.C. General Statute (“G.S.”) 121-34 et seq. and 170(h) of the Internal Revenue Code prior to the end of the fourth year monitoring period. The holder shall be a land trust or stewardship program accredited by the Land Trust Accreditation Commission and/or has been approved by DWR. A land trust must be certified under 501(c) (3) of the Internal Revenue Code and must have the qualifications outlined in G.S. 105-130.24 and G.S. 105-151.12. Project Location/Ownership The Parcel is located approximately 4.5 miles east of Greenville in Pitt County, NC (Figure 1, Appendix A) and within the municipal boundaries of Greenville. The City of Greenville owns the parcels associated with the Site, which have historically been used as agricultural fields by private landowners and as biosolid irrigation fields for the City’s Waste Water Treatment Plant. The Parcel is within the Tar-Pamlico River Basin 14-digit USGS Cataloging Unit 03020103070030 of the Middle Atlantic Coastal Plain (North Carolina Division of Water Quality [NCDWQ] Sub-basin Number 03-03-05) (Figure 1, Appendix A). GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 2 Owner Name D.B/Pg. NC PIN# Acreage City of Greenville J45 / 527 2147483648 72.04 City of Greenville 236 / 573 2147483648 160.96 City of Greenville 250 / 354 2147483648 341.58 Directions to Parcel from Raleigh: - Get on I-440 E from Capital Blvd - Follow US-264 E to US-264 W (Greenville) - Take Old Pactolus Rd 3.2 miles – Parcel is located on your right Latitude: 35.603194° Longitude: -77.294509° Parcel Overview The Site encompasses three tracks of land, totaling 574.58 acres of historic agricultural land and includes two (2) surface water conveyances (ditches) with direct hydrologic connection to two (2) unnamed tributaries which drain immediately to the Tar-Pamlico River. A third unnamed tributary is also present onsite and connects to an onsite tributary before entering the Tar-Pamlico River (Figure 1, Appendix A). Parcel surface water conveyances and unnamed tributaries have been cleared of vegetation by historical agricultural practices and maintained as cleared ditches. Small pockets of disturbed forests do remain on Site; located at the top of Feature 2, along the margins of Feature 5, and in the southeast corner of Feature 8. Existing dirt roads, a powerline, and a small dilapidated agricultural building are located on the property and will either be outside of proposed restoration areas, relocated, or removed completely from the Parcel. NCDWR representatives Katie Merritt and Chris Pullinger conducted an onsite determination for parcel applicability and suitability on November 11, 2017. Following-up information was provided to Katie Merritt on January 22, 2019 and a Site Viability for Buffer & Nutrient Offset was provided by the Division on March 25, 2019 (Appendix B). A summary of parcel features and viability is provided below. Table 1. Project Features Descriptions DWR Feature ID In Field Classification *Buffer Credit Viability Nutrient Offset Viability 1 Ditch No No 2 Stream Yes Yes (non-forested areas only 5 Ditch No Yes 6A Ditch No Yes 6B Stream Yes Yes (non-forested areas only 7A Stream Yes Yes (non-forested areas only 7B Stream Yes Yes (non-forested areas only 8 Stream Yes Yes (non-forested areas only GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 3 Historic Land Use The City of Greenville’s Wastewater Treatment Plant is located at 240 Aqua Lane (approximately ½ mile from the Site). The facility was originally built in 1985 as a 10.5 MGD, secondary treatment, activated sludge plant. The facility was expanded in 1996 to tertiary treatment with a capacity of 17.5 MGD. The expansion included Enhanced Biological Nutrient Removal, Biological Phosphorus Removal, Tertiary Filtration, and Ultraviolet (UV) Disinfection prior to releasing effluent into the receiving stream (Tar- Pamlico River) under NPDES Permit #NC0023931. Residuals are currently managed by aerobic digestion, belt filter presses and beneficially composted offsite (Class A) by a third party contractor. Historically, the treatment facility produced ~1,400 dry tons of biosolids annually. Class B biosolids were irrigated over the WWTP Farm acreage (~330 Permitted – 700 Total) which was purchased in 1989 for this purpose. From 1989 until 2004 biosolids were applied, coastal Bermuda and livestock were managed on the property by Greenville Utilities Staff and farmers via annual lease agreements. With increased requirements for land application based on plant available nitrogen (PAN) and regulatory trends, land application of class B biosolids became a more challenging disposal option. In 2004, the Greenville Utility Commission (GUC) elected to adopt a new biosolids management strategy and ceased its biosolids land application program. The current management strategy utilizes a third-party contractor, to haul dewatered biosolids to a regional composting facility in Chatham County. Since 2004, the GUC has maintained the property in its 1989 – 2004 condition to once again irrigate Class B biosolids waste again if desired. Coastal Bermuda grass has been maintained across the site, select herbicides have been used to remove noxious and invasive herbaceous species, surface features have been maintained, and the irrigation system has been kept in a working condition. Table 2. Timeline of Land Use Period Land Use Pre 1989 Pasture / Agricultural 1989 – 2004 Irrigated biosolids with livestock (Bermuda Grass) 2004 – Present Since 2004, Greenville Utilities has maintained the property in it's 1989 – 2004 condition so if the WWTP decided to irrigate biosolids waste again, it could. Coastal Bermuda grass has been maintained across the site, select herbicides have been used to remove noxious and invasive herbaceous species, surface features have been maintained, and the irrigation system has been kept in a working condition. Project Area – Current Conditions Physiography The Parcel encapsulates a heavily modified headwater stream system within the Middle Atlantic Coastal Plain. Specifically, Ecoregion IV - 63e Mid-Atlantic Flatwoods that occupies the middle portion of the coastal plain in northern North Carolina and southern Virginia. Upland surfaces are wider, lower in elevation, with less local relief, and have more poorly drained soils compared to Ecoregion 65m - Rolling Coastal Plain (Griffith et al. 2002). The watershed is dominated by agricultural land, fringe forests, and impervious surfaces associated single family homes, roads – Figure 3 Appendix A. Surrounding area land use is primarily row-crop agriculture, with some low density residential housing and cattle pasture. GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 4 Soils A detailed soil report for the Parcel was produced using the Natural Resource Conservation Service’s (NRCS) Web Soil Survey. Based on the custom Pitt County report, the Parcel contains eleven soil series outlined in Table 3. A detailed review of Parcel soils is provided in Appendix C. Table 3: Parcel Soils Map Unit Symbol Map Unit Name Percent of Bank Parcel Hydric Soil Rating AgB Alaga loamy sand, banded substratum, 0 to 6 percent slopes (Alpin) 10.9 No AlB Altavista sandy loam, 0 to 4 percent slopes 1.5 No Bb Bibb complex 0.6 Yes LaB Lakeland sand, 0 to 6 percent slopes 22.7 No Oe Olustee loamy sand, sandy subsoil variant (Murville) 6.3 Yes Os Osier loamy sand, loamy 33.8 Yes Pa Pactolus loamy sand 7.2 No Po Portsmouth loam 2.8 Yes Tu Tuckerman fine sandy loam (Yonges) 7.4 Yes WaB Wagram loamy sand, 0 to 6 percent slopes 7.9 No Existing Vegetative Communities Agricultural fields account for nearly 100 percent of the Parcel’s current land use. These areas are dominated by Costal Bermuda grass. Forests immediately adjacent to the Parcel and along the margins of some Parcel features, have been heavily manipulated over the years and are mainly comprised of primary successional species, i.e. red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and tulip poplar (Liriodendron tulipifera). Minimal amounts of invasive species have been documented within and adjacent to the Parcel and include Chinese privet (Ligustrum sinense) and multiflora rose (Rosa multiflora). Undisturbed reference forest conditions adjacent to the site, or within a reasonable distance, could not be located. Given the Parcels physiography and drained hydric soil condition, RS has determined a mix of Brownwater Bottomland Hardwoods (High Subtype) and Mesic Mixed Hardwood Forest (Coastal Plain Subtype) is the most appropriate reference forest (Schafale, M.P. and A.S. Weakley. 2012). Table 3 below outlines the species included in this reference forest ecosystem. Table 4: Reference Forest Ecosystem (Schafale, M.P. and A.S. Weakley. 2012) Brownwater Bottomland Hardwoods (High Subtype) Mesic Mixed Hardwood Forest (Coastal Plain Subtype) Canopy Species Understory Species American sycamore (Platanus occidentalis) Pawpaw (Asimina triloba) Sugarberry (Celtis laevigata) Ironwood (Carpinus caroliniana) Green ash (Fraxinus pennsylvanica) Flowering dogwood (Cornus florida) River birch (Betula nigra) American Holly (Ilex opaca) Red maple (Acer rubrum) American hophornbeam (Ostrya virginiana) Boxelder (Acer negundo) Sourwood (Oxydendrum arboreum) GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 5 Table 4: Reference Forest Ecosystem (Schafale, M.P. and A.S. Weakley. 2012) Brownwater Bottomland Hardwoods (High Subtype) Mesic Mixed Hardwood Forest (Coastal Plain Subtype) Canopy Species Understory Species Bitter pecan (Carya aquatica) American hornbeam (Carpinus caroliniana) Sweetgum (Liquidambar styraciflua) Silky camellia (Stewartia malacodendron) American beech (Fagus grandifolia) Swamp Bay (Persea palustris) Tulip poplar (Liriodendrum tulipifera) Florida maple (Acer floridanum) White oak (Quercus alba) Northern Red Oak (Quercus rubra) Swamp chestnut oak (Quercus michauxii) Cherrybark oak (Quercus pagoda) Shagbark Hickory (Carya ovata) Southern red oak (Quercus falcate) Parcel Design and Implementation Constraints The presence of conditions or characteristics that have the potential to hinder restoration activities on the Parcel were evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, the potential for hydrologic trespass, and existing utility easements. Existing information regarding Parcel constraints was acquired and reviewed including an Environmental Records Report developed by Environmental Data Resources Inc. which located no evidence of environmental risk associated with the Parcel (Appendix D). In addition, any Parcel conditions that have the potential to restrict the restoration and implementation were documented during the field investigation. A summary of findings is below. As a result of our review and field surveys, no known Parcel constraints exist that may hinder proposed restoration activities. Potential constraints reviewed include the following; Site parcels are subject to an existing 50-foot PNG Easement (D.B. 3075 Pg. 123-126 and D.B. 3075 Pg. 127-130), deeded January 25th, 2013 and October 30th, 2012 respectively (Appendix D). The existing easement if for PNG Line 42, DWR Permit No. 2012-1024 v7, and runs roughly east to west across the Bank Parcels. Currently, PNG is permitting Line 24 (DWR Permit No. 2018-1640 v1) which when constructed, will connect to Line 42 and run south, under the Tar-Pamlico River. Both PNG easements have been surveyed by a licensed land surveyor (John Rudolph – K2 Design Group: L-4194), and will not be included in the Bank Parcel’s Easement. Furthermore, RS has provided a 5-foot buffer from the PNG Easement to the Bank Parcel’s easement to prevent future encroachment. GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 6 Adjacent to Feature 6A, is a non-functioning GUC powerline, which runs to a dilapidated farm building also located adjacent to Feature 6A. GUC will remove the powerline and abandon the easement prior to placement of the conservation easement. Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C 1531 et seq.). Five species are federally listed within within the Parcel boundaries for Pitt County by the United States Fish and Wildlife Service (USFWS) (USFWS 2008), and are listed below. Table 5: USFWS FSC Species List Common Name Scientific Name West Indian Manatee Trichechus manatus Red-cockaded Woodpecker Picoides borealis Atlantic Pigtoe Fusconaia masoni Dwarf Wedgemussel Alasmidonta heterodon Tar River Spinymussel Elliptio steinstansana Based on communications with the USFWS, there are no critical habitats within the project area, and the proposed mitigation activities will have no effect on species listed above and will result in positive benefits for these species through improved habitat and water quality (Appendix D). The term “cultural resources” refers to prehistoric or historic archaeological sites, structures, or artifact deposits over 50 years old. “Significant” cultural resources are those that are eligible or potentially eligible for inclusion in the National Register of Historic Places. Evaluations of site significance are made with reference to the eligibility criteria of the National Register (36 CFR 60). Field visits were conducted in February of 2019 to ascertain the presence of structures or features that may be eligible for the National Register of Historic Places. No structures were found. An online search using the North Carolina State Historic Preservation Office’s (SHPO) Web GIS Service (http://gis.ncdcr.gov/hpoweb/) and the National Register of Historic Places GIS Search (https://www.nps.gov/maps/full.html?mapId=7ad17cc9-b808-4ff8-a2f9-a99909164466) identified zero structures within the Parcel boundaries, or within 1 mile of the Parcel. Furthermore, communication with the SHPO (Appendix D) concluded, “ The Pitt-Greenville Airport is located approximately five linear miles from the Parcel. There are no concerns regarding the project and its proximity to the subject airport. Restoration Plan The primary goals associated with the restoration of riparian areas focus on improving water quality, enhancing flood attenuation, and restoring wildlife habitat. Goals will be achieved through the creation GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 7 of a forested riparian buffer adjacent to stream channels and a forested riparian area along agricultural ditches. Goals will be accomplished by the following. 1. Removing nonpoint sources of pollution associated with agricultural production, including a) ceasing the broadcast application of class B biosolids, fertilizer, pesticides, and other agricultural materials into and adjacent to Parcel surface water conveyances (ditches) and b) providing a restored buffer to filter runoff from adjacent lands. 2. Reducing sedimentation within onsite and downstream receiving waters by reducing bank erosion, vegetation maintenance, and agricultural land disturbances. 3. Promoting floodwater attenuation by increasing frictional resistance of floodwaters crossing Parcel floodplains. 4. Improving aquatic habitat by enhancing stream bed shading and natural detritus input. 5. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural production. 6. Restoring and re-establishing natural community structure, habitat diversity, and functional continuity. 7. Protecting the Parcel’s riparian buffer functions and values in perpetuity. Primary components of the restoration plan include: 1.) Removal of an existing, abandoned farm building adjacent to feature 6B & removal of a powerline adjacent to features 6A and 6B, 2.) Removal of existing compacted earth roads adjacent to features 6A, 6B, and 8, 3.) Removal of four culverts, 4.) Parcel-wide soil preparation, 5.) Riparian area restoration (replanting) extending from the top of bank (TOB) out 200’ where applicable and, 6.) Parcel protection in perpetuity through a conservation easement. Restoration activates are planned to being in the fall of 2019 with planting occurring in January 2020. The project timeline below includes restoration plan and project milestones. Table 6: Project Schedule Activity / Milestone Date Parcel Protection via conservation easement Q3 2019 Removal of powerlines, culverts, old ag. buildings, and impervious roads Q3 2019 Soil preparation Q4 2019 Planting Q1 2020 As-Built Q1 2020 Year 1 monitoring Q4 2021 Year 2 monitoring Q4 2022 Year 3 monitoring Q4 2023 Year 4 monitoring Q4 2024 Year 5 monitoring Q4 2025 Closeout Q1 2026 GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 8 Construction Activities (Figure 5) Three primary construction activities will occur onsite, 1.) Removal of an existing, abandoned farm building adjacent to feature 6B & removal of a powerline adjacent to features 6A and 6B, 2.) Removal of existing compacted earth roads adjacent to features 6A, 6B, and 8, 3.) Removal of four culverts. Upon the removal of the powerline, abandoned agricultural building, and existing compacted earth roads, the Parcel will be treated to remove established costal Bermuda greases. A per-emergent herbicide will be used to treat existing seed sources of undesirable herbaceous species. The Parcel will then be disked, and allowed to reset during the fall 2019 growing season. Subsequent soil amendments may be required based on observations and possible soil tests between September and December in preparation for replanting in January of 2019. Four culverts will be removed, two between features 5 and 6A, and two between features 7B and 8. Once removed, the side slopes will be graded to match existing slopes at approximately a five to one (5:1) slope. Matting, native seed mix, and live stakes will be used to stabilize the stream banks and to avoid erosion, providing long-term stability. Where necessary, black willow live stakes will be used to naturally stabilize the banks throughout the Parcel for the long-term. Prior to planting, Parcel areas, will be ripped and scarified in linear bands perpendicular to the direction of surface water flows. The established microtopography on leveled surfaces will promote diffuse flow and surface water storage throughout the floodplain. Impacts to Waters of US as a result of construction activities are summarized in Table 7 below. Table 7: Summary of Impacts Activity Location Feature Types Temporary Impacts Reasoning Removal of four existing culverts 2 - Connection between Feature 5 and 6A Ditch +/- 100 l. ft. of Stream Bank (Stabilization) Culverts are no longer needed. Removal will ensure flow is not impeded, reduce the risk of hydrologic trespassing, & improve state waters (15A NCAC 02B .0211(2)). 2 – Connection between 7B and 8 Unnamed Tributaries Permitting Activities outlined above do not require a permit or written notification to any regulatory agencies, i.e. US Army Corps of Engineers, Johnston County FEMA, & NCDWR. Reasoning for each is summarized below: USACE – Under no applicable USACE Permit do the construction activities summarized in Table 6 warrant a USACE permit or consultation. Construction activities to Waters of the US will be far less than thresholds which require consultation, i.e. 300 l. ft. to stream beds and 500 l. ft. to stream banks. (http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017- Nationwide-Permits/). GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 9 NCDWR – Under no applicable USACE Permit do the construction activities summarized in Table 7 warrant a USACE permit or consultation. Parcel visits with NC DWR Staff were conduction on November 11, 2017. FEMA – The Parcel is located within the Special Flood Hazard Area (SFHA) zone AE (1% annual chance of flooding) and also Zone X (.2% annual chance of flooding) as a result of the Parcel’s proximity to Tar-Pamlico River (Flood Insurance Rate Map [FIRM] NC, Panel 5607 J, 5608 K, and 5617 J). FEMA coordination/review is conducted at the county level. Regulated activities within mapped FEMA areas are discussed under Pitt County Planning & Development Services Ordinance No. 4 (https://www.pittcountync.gov/DocumentCenter/View/797/Flood-Damage-Prevention- Ordinance-PDF?bidId=). Pitt County ordinances are specifically tied to substantial improvements or new construction / development, not the removal of structures. Furthermore, there is no restriction on plowing, or planting trees within Zone AE or Zone X if baseline flood elevations have been determined. In summary, the Parcel is located in FEMA Special Flood Hazard Area Zone AE and Zone X. Pitt County, NC does not prohibit plowing and/or planting trees in such an area and therefore, FEMA coordination is not required. Land Quality: Sediment and Erosion Control – The NC Sedimentation Pollution Control Act of 1973 governs all land disturbing activities except agriculture and mining, which is regulated by the Mining Act of 1971. The restoration activities proposed at the Parcel fall under the agricultural exemption. Light disking within the project footprint will be done in a way that will reduce any excess runoff into waterbodies. A vegetated strip along existing ditches and other waterbodies will be kept in place to further manage any excess sediment from leaving the Parcel. The Parcel will be planted in temporary ground cover for soil stabilization and reduction of sediment loss during rain events. The referenced Act is provided in Appendix F. Planting Plan Restoration of the riparian area allows for recolonization and expansion of characteristic species across the landscape. The riparian areas will be restored in accordance to 15A NCAC 02B .0295. The planting plan for the entire riparian restoration area, includes planting bare root trees across 86.42 acres at a density of 746 stems per acre and live stakes for stream bank stabilization where necessary. Community associations utilized in the proposed planting plan below include 1.) Brownwater Bottomland Hardwoods (High Subtype) and 2.) Mesic Mixed Hardwood Forest (Coastal Plain Subtype) (See Schafale 2012). Species composition is intentionally diverse and while based on these communities, also accounts for local observations and nursery availability. All species are proposed based on their ability for sediment stabilization, rapid growth rate, the ability to withstand hydraulic forces associated with flood events, and suitability to specific soil types. Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. No one tree species will be greater than 50% of the established stems. Tree species proposed for planting are detailed in Table 8. GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 10 Site preparation will also be conducted to promote tree establishment and reduce potential competition from non-native invasive species and other undesirable weedy species. Existing dense turf grasses will be controlled to facilitate planting. This process will include the application of an herbaceous seed mix including diverse native wildflowers and grasses which will serve as a nurse crop for the planted trees and provide additional functional uplift to the site during its time as an open canopy stand. Table 8: Proposed Bare Root Planting Plan by Species Common Name Scientific Name Tree/Shrub Number to be Planted % of Total Planted River birch Betula nigra Tree 5,000 7.75% Ironwood Carpinus caroliniana Tree 2,000 3.10% Mockernut hickory Carya tomentosa Tree 1,000 1.55% Chinkapin Castanea pumila Shrub 100 0.16% Sugarberry Celtis laevigata Tree 3,000 4.65% Buttonbush Cephalanthus occidentalis Shrub 500 0.78% Red bud Cercis canadensis Tree 1,000 1.55% Silky dogwood Cornus amomum Shrub 400 0.62% Hawthorn Crataegus marshallii Shrub 1,000 1.55% Persimmon Diospyros virginiana Tree 1,000 1.55% Green ash Fraxinus pennsylvanica Tree 3,000 4.65% Tulip poplar Liriodendron tulipifera Tree 5,000 7.75% Crabapple Malus angustifolia Shrub 500 0.78% Red mulberry Morus rubra Tree 1,500 2.33% Black Gum Nyssa sylvatica Tree 5,000 7.75% Sycamore Platanus occidentalis Tree 5,000 7.75% Chickasaw plum Prunus angustifolia Shrub 400 0.62% Cherry Prunus serotina Tree 1,000 1.55% White oak Quercus alba Tree 2,000 3.10% Swamp white oak Quercus bicolor Tree 2,000 3.10% Laurel oak Quercus laurifolia Tree 1,000 1.55% Overcup oak Quercus lyrata Tree 3,000 4.65% Swamp chestnut oak Quercus muchauxii Tree 3,000 4.65% Water oak Quercus nigra Tree 3,000 4.65% Cherrybark oak Quercus pagoda Tree 3,000 4.65% Willow oak Quercus phellos Tree 2,000 3.10% Red oak Quercus rubra Tree 3,000 4.65% Shumard oak Quercus shumardii Tree 2,000 3.10% Elderberry Sambucus canadensis Shrub 500 0.78% American snowbell Styrax americanus Shrub 500 0.78% American elm Ulmus americana Tree 3,000 4.65% Possumhaw Viburnum nudum Shrub 100 0.16% Total 64,500 100% GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 11 Parcel Protection & Easement Boundaries Prior to the release of any credits, the RS will record a permanent conservation easements at the Pitt County Register of Deeds sufficient to ensure protection, operation and maintenance of restored riparian buffers and other riparian areas in perpetuity. The form of the conservation easement shall be consistent with the standards employed by the State of North Carolina in the protection of restored riparian buffers and riparian areas and shall be approved by the DWR prior to the release of any credits. Parcel easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree- blazing, or other means as allowed by Parcel conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and reported to NCDWR. Monitoring and Maintenance Plan Monitoring Protocol Restoration monitoring procedures for vegetation will monitor plant survival and species diversity. Quantitative sampling will include eight-seven (87) permanent 10 x 10 meter vegetation plots as outlined in the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008) and will occur in October of each year, with the 1st monitoring data to be collected no earlier than October. A reference photo will be taken from the origin point of each plot. All planted stems in the plots will be marked with flagging tape and recorded. Data collected will include: species, height, planting type (planted stem and/or volunteer). Monitoring of the restoration efforts will be performed for five years or until success criteria are fulfilled. Restoration Systems shall submit to NCDWR an annual monitoring report, no later than December 31st of each year. Reports will document the success of the vegetation and any maintenance, supplemental planting, or encroachment within the easement areas. Success criteria within the buffer and nutrient offset restoration areas will be based on the survival of planted species at a density of 260 stems per acre after five years of monitoring. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed. Parcel Maintenance A remedial action plan will be developed and implemented with the approval of NCDWR in the event the Parcel or a specific component of the Parcel fails to achieve success criteria as outlined above. Other vegetation maintenance and repair activities may include pruning, mulching, and fertilizing. In the event that exotic invasive plant species require treatment, such species will be controlled by mechanical (physical removal with the use of a chainsaw) and/or chemical methods (aquatic approved herbicide) in accordance with North Carolina Department of Agriculture (NCDA) rules and regulations. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval by the DWR prior to any mowing activities within Zone 1 and Zone 2 of the Neuse buffers along UT2 to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Tar-Pamlico buffer as defined in 15A NCAC 02B .0258 by the DWR, could result in Tar-Pamlico buffer violations and violations of the conservation easement. If necessary, the Sponsor will develop a species- specific control plan. GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 12 Long Term Management Plan The conservation easement will preserve all areas, and prohibit all use of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity of the Parcel. RS will transfer or assign the conservation easement and its interests in perpetuity to a qualified holder under NC General Statute (“GS”) 121-34 et seq. and 170(h) of the Internal Revenue Code prior to the submittal of the Year 4 Monitoring Report. The holder shall be a land trust or stewardship program that will hold and enforce the conservation easement and the interests in perpetuity. The Sponsor shall choose a land trust or stewardship program that is accredited by the Land Trust Accreditation Commission and/or has been approved by DWR prior to the end of the fourth year monitoring period. A land trust must be certified under 501(c)(3) of the Internal Revenue Code. Financial Assurance As stated in the Restoration Systems’ GUC Riparian Buffer and Nutrient Mitigation Banking Instrument, dated to-be signed : Following approval of the BPDP, the Sponsor shall provide a Performance Bond from a surety company that is rated no less than an “A-” as rated by A.M. Best. The Performance Bond amount shall be 100% of the estimated cost for implementation of the buffer restoration and/or stormwater BMP project as described in the approved BPDP, but not less than $150,000.00. Alternatively, in lieu of posting the Performance Bond, the Sponsor may elect to construct the project prior to the first credit release. After completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100,000.00. The Performance/Maintenance Bond shall be in effect for a minimum of five years, and until DWR has released all mitigation credits to the Bank Sponsor. Upon DWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. Monitoring bonds shall be renewed with confirmation of renewal provided to DWR with each annual monitoring report for each phase. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals. Mitigation Potential DWR has determined the nitrogen and phosphorous abatement of restored riparian area to be 2,273.02 lbs. per acre for nitrogen and 146.4 lbs. per acre the phosphorous. Riparian buffer credits will be measured by the hundredth of an acre and converted into square feet. The Parcel will generate 87.06 acres of restored riparian area within a 97.89 acre Parcel. The table below outlines the Parcel’s components and mitigation credits to be generated within the difference riparian area zones. The Tar-Pamlico riparian buffer mitigation credit generated along Features 2, 6B, 7A, 7B, & 8 (unnamed tributaries) can be used for either riparian buffer credits or nutrient offset credits (nitrogen and phosphorous, but not both. Nutrient offset credits (nitrogen and phosphorous) generated along the two surface water conveyances (ditches), Features 5 and 6A, are not able to be converted into buffer mitigation credits. RS must request and receive approval of the transfer of any mitigation credits from DWR prior to adding or removing credits from the ledgers. The Sponsor will maintain three credit GUC Bank Parcel Development Plan Tar-Pamlico River Basin 8-Digit HUC: 03020103 pg. 13 ledgers. One ledger will account for riparian buffer credits, one will account for nitrogen nutrient offset credits, and one will account for phosphorous nutrient offset credits. All mitigation credit assets shall be shown on these credit ledgers. Overall credit generation is detailed in Table 9 and 10 below and shown on Figure 6A-C. Table 8: Project Components and Mitigation Credits (Nutrient Offset (N.O.) Credit) Buffer Zone Credit Type Mitigation Type Total Acreage Credit Ratio Type Credit per Acre (lbs.) Total Credits (lbs.) Zone A (TOB to 50') N.O. Restoration 4.79 1 Nitrogen 2273.02 10,894.12 Phosphorous 146.4 701.67 Zone B (51’ to 100') N.O. Restoration 4.87 1 Nitrogen 2273.02 11,073.62 Phosphorous 146.4 713.23 Zone C (101’ to 200') N.O. Restoration 42.38 1 Nitrogen 2273.02 96,340.80 Phosphorous 146.4 6,205.09 Totals = N.O. -- 52.05 -- Nitrogen -- 118,308.55 -- Phosphorous -- 7,619.98 Table 9: Project Components and Mitigation Credits (Riparian Buffer (R.B.) Credit) Buffer Zone Credit Type Mitigation Type Total Acreage Credit Ratio % of Credit Credit per Acre (sq. ft.) Total Credits (Sq. Ft.) Zone A (TOB to 50') R.B. Restoration 16.82 1 100% 43,560 732,507.75 R.B. Preservation 1.32 10 100% 43,560 5,763.47 Zone B (51’ to 100') R.B. Restoration 17.55 1 100% 43,560 764,660.72 R.B. Preservation 0.14 10 100% 43,560 620.80 Zone C (101’ to 200') R.B. Preservation 0.14 10 33% 43,560 196.43 Total R.B. -- 35.97 -- -- -- 1,503,749.17 References Schafale, M. P. and Weakley, 2012. A Classification of the Natural Communities of North Carolina, Fourth Approximation. USDA, Soil Conservation Service, 1974. Soil Survey of Pitt County, NC. GUC Bank Parcel Development Plan Appendices Appendix A: Figures Figure 1 – Parcel Location / Service Area Figure 2 – USGS Topography Figure 3 – NRCS Soil Survey Figure 4 – Current Conditions Figure 5 – Restoration Plan Figure 6 A - C – Credit Determination HY DE DARE PITT WAKE DU PLIN BERTIE CARTERET NASH CRAV EN SAM PSON BEAU FORT HALIFAX WAY NE JOHNSTON TY RRELL JONES PAM LICO M ARTIN ONSLOW HARNETT LENOIR FRANKLIN WILSON CU M BERLAND GRANV ILLE EDGECOM BE WARREN BLADEN GATES DU RHAM V ANCE PERSON GREENE WASHINGTON CAM DEN HERTFORD CU RRITU CK CHOWAN NORTHAM PTON PERQU IM ANSORANGE ROBESON CHATHAM LEE PENDER PASQU OTANK HOKE Tar-Pamlico River BasinUSGS HUC 03020103 Bank Parcel LocationPitt County, NC Latitude: 35.603194°Longitude: -77.294509° Direction s to Pa rcel from Ra leigh:- Get on I-440 E from Ca pita l Blvd- Follow U S-264 E to U S-264 W (Green ville)- Ta ke Old Pa ctolus Rd 3.2 m iles – Pa rcel is loca ted on your right RESTORATION SYSTEMS, LLC 1101 HAY NES ST, SU ITE 211RALEIGH, NC 27604 PHONE : 919.755.9490 FAX : 919.755.9492 This m a p a n d a ll da ta con ta in ed within a re supplied a s is with n o wa rra n ty. Restora tion System s, LLC expressly discla im s respon sibility for da m a ges or lia bility from a n y cla im s tha t m a y a rise out of the use or m isuse of this m a p. It is the sole respon sibility of the user to determ in e if the da ta on this m a p is com pa tible with the user’s n eeds. This m a p wa s n ot crea ted a s survey da ta , n or should it be used a s such. It is the user’s respon sibility to obt a in proper survey da ta , prepa red by a licen sed surveyor, where required by la w. SCALE: DATE: 06 - 2019 Coordin a te System :NAD_ 1983_ SP_ NC_ FIPS_ 3200_ Ft. Aeria l Im a gery: (c) ESRI SITE: GU C-00 Figure 1: Parcel Location & Service Area 1 in = 12 m iles Legend Ba n k Pa rcel Service Area : Ta r-Pa m River Ba sin U SGS HU C 8-Digit: 03020103 Ta r-Pa m River Ba sin U SGS HU C 6-Digit: 030201 NC River Subba sin s: U SGS 8-Digit HU Cs NC Coun ty Boun da ries Service La yer Credits: Sources: Esri, HERE,DeLorm e, In term a p, in crem en t P Corp.,GEBCO, U SGS, FAO, NPS, NRCAN,GeoBa se, IGN, Ka da ster NL, Ordn a n ceSurvey, Esri Ja pa n , M ETI, Esri Chin a (Hon gKon g), swisstopo, M a pm yIn dia , ©Open StreetM a p con tributors, a n d the GISU ser Com m un ity EEEEED.B/Pg.J45 / 527 D.B/Pg.236 / 573 D.B/Pg.250 / 354 Site Feature #5Surface Conveyance(USGS Depicted) Site Feature #2Unnamed Tributary(USGS Depicted) Site Feature #8Unnamed Tributary(USGS Not Depicted) Site Feature #1 Surface Conveyance(USGS Not Depicted) Site Feature #6ASurface Conveyance(USGS Depicted) Site Feature #6BUnnamed Tributary(USGS Depicted) Site Feature #7AUnnamed Tributary(USGS Depicted) Site Feature #7BUnnamed Tributary(USGS Depicted) Legend Bank Parcel Features Surfac e Wate r Conve yanc e Unnam e d Tributary EBank Parc e l Fe ature s 5 thru 7b Start and Stop Loc ations Bank Parc e l Subje c t Parc e ls Se rvic e Laye r Cre d its: Copyright:© 2013National Ge ographic Soc ie ty, i-c ube d RESTORATION SYSTEMS, LLC 1101 HAY NES ST, SUITE 211RALEIGH, NC 27604 PHO NE : 919.755.9490FAX : 919.755.9492 This m ap and all d ata c ontaine d within are supplie d as is with no warranty. Re storation Syste m s, LLC e xpre ssly disc laim s re sponsibility for d am age s or liability from any c laim s that m ay arise out of the use or m isuse of this m ap. It is the sole re sponsibility of the use r to d e te rm ine if the d ata on this m ap is c om patible with the use r’s ne e ds. This m ap was not c re ate d as surve y d ata, nor should it be use d as suc h. It is the use r’s re sponsibility to obt ain prope r surve y d ata, pre pare d by a lic e nse d surve yor, whe re re q uire d by law. SCALE: DATE: 06 - 2019 Coord inate Syste m :NAD_ 1983_ SP_ NC_ FIPS_ 3200_ Ft. Ae rial Im age ry: (c ) ESRI SITE: GUC-00 Figure 2: USGS Topo Map (1:24,000) 1 in = 1,000 fe e t RESTORATION SYSTEMS, LLC 1101 HAYNES ST, SUITE 211RALEIGH, NC 27604 P HONE : 919.755.9490FAX : 919.755.9492 Th is m ap and all data containe d with in are s upplie d as is with no warranty. Re s toration Sys te m s , LLC e xpre s s ly dis claim s re s pons ib ility for dam ag e s or liab ility from any claim s th at m ay aris e out of th e us e or m is us e of th is m ap. It is th e s ole re s pons ibility of th e us e r to de te rm ine if th e data on th is m ap is com patible with th e us e r’s ne e ds . Th is m ap was not cre ate d as s urve y data, nor s h ould it b e us e d as s uch . It is th e us e r’s re s pons ibility to obt ain prope r s urve y data, pre pare d b y a lice ns e d s urve yor, wh e re re quire d b y law. SCALE: DATE: 10 - 2018 Coordina te Sys te m :NAD_1983_SP _NC_FIP S_3200_Ft. Ae ria l Im a g e ry: (c) ESRI SITE: GUC-00 Figure 3: NRCS Pitt County Soil Survey (1974) D.B/P g .J45 / 527 D.B/P g .236 / 573 D.B/P g .250 / 354 Site Feature #5Surface Conveyance(Not Depicted) Site Feature #2Unnamed Tributary(NRCS Soil Survey Depicted) Site Feature #8Unnamed Tributary(NRCS Soil Survey Depicted) Site Feature #1 Surface Conveyance(NRCS Soil Survey Depicted) Site Feature #6ASurface Conveyance(NRCS Soil Survey Depicted) Site Feature #6BUnnamed Tributary(NRCS Soil Survey Depicted) Site Feature #7AUnnamed Tributary(NRCS Soil Survey Depicted) Site Feature #7BUnnamed Tributary(NRCS Soil Survey Depicted) Legend Approxim a te Loca tion of Sub je ct Ba nk P a rce ls EEEEEExisting Ea rthen Roa d Existing Powerline Existing Ea rthen Roa d Existing Ea rthen Roa d Existing Ea rthen Roa d(Runs Adja cnet to Site Fea ture #8) Dila pida ted Ag. Building PNG Line 42 PNG Line 24 120' Powerline Ea sem ent D.B/Pg.J 45 / 527 D.B/Pg.236 / 573 D.B/Pg.250 / 354 Site Feature #5Surface Conveyance(USGS Depicted) Site Feature #2Unnamed Tributary(USGS Depicted) Site Feature #8Unnamed Tributary(USGS Not Depicted) Site Feature #1 Surface Conveyance(not depicted) Site Feature #6ASurface Conveyance(USGS Depicted) Site Feature #6BUnnamed Tributary(USGS Depicted)Site Feature #7AUnnamed Tributary(USGS Depicted) Site Feature #7BUnnamed Tributary(USGS Depicted) T wo Existing Culverts T wo Existing CulvertsIrriga tion Line & Wellhea ds SUNNY SIDELegend Irriga tion Wellhea d Ba nk Pa rcel Sub ject Pa rcels Irriga tion Line Proposed Conserva tion Ea sem ent: 97.89 Acres Low V olta ge Powerline Existing Ripa ria n Forest: 2.10 Acres Bank Parcel Hydrologic Features Surfa ce Wa ter Conveya nce U nna m ed T rib uta ry Existing Utility Easements 120' Powerline Ea sem ent Existing 50' Piedm ont Na tura l Ga s Ea sem ent (Line 42) Future 50' Piedm ont Na tura l Ga s Ea sem ent (Line 24)EBa nk Pa rcel Fea tures 5 thru 7b Sta rt a nd Stop Loca tions 1 in = 625 ft qRESTORATION SYSTEMS, LLC 1101 HAY NES ST , SU IT E 211RALEIGH, NC 27604 PHO NE : 919.755.9490FAX : 919.755.9492 T his m a p a nd a ll da ta conta ined within a re supplied a s is with no wa rra nty. Restora tion System s, LLC expressly discla im s responsib ility for da m a ges or lia b ility from a ny cla im s tha t m a y a rise out of the use or m isuse of this m a p. It is the sole responsib ility of the user to determ ine if the da ta on this m a p is com pa tib le with the user’s needs. T his m a p wa s not crea ted a s survey da ta , nor should it b e used a s such. It is the user’s responsib ility to ob t a in proper survey da ta , prepa red b y a licensed surveyor, where required b y la w. SCALE: DAT E: 06 - 2019 Coordina te System :NAD_ 1983_ SP_ NC_ FIPS_ 3200_ Ft. Aeria l Im a gery: (c) services.nconem a p.gov 0 280 560 840 1,120140 Feet SIT E: GU C-00 Figure 4: Current Conditions Existing Po werlineTo -b e rem o ved c o m p letely. Existing ea rthen ro a d to rem a in, & will b e lo c a ted o utsid e o f c o nserva tio n ea sem ent, within 60-fo o t ea sem ent b rea k Existing Ea rthen Ro a d (a d ja c ent to Fea ture 8)To -b e m ec ha nic a lly rem o ved a s nec essa ry within the c o nserva tio n ea sem ent. Likely c o nstruc tio n a c tives inc lud e; - Deep rip p ing - So il a m end m ent Dila p id a ted Ag. Build ingTo -b e rem o ved c o m p letely, a ndsub -so il a m end ed a s nec essa ry. Two Existing Culverts To -Be Rem o ved(c o nnec tio n b etween Fea ture 5 a nd 6A) Sid e slo p es will b e gra d ed to m a tc h existing slo p esa t a p p ro xim a tely a five to o ne (5:1) slo p e. M a tting,na tive seed m ix, a nd live sta kes will b e used to sta b ilize the strea m b a nks a nd to a vo id ero sio n,p ro vid ing lo ng-term sta b ility Two Existing Culverts To -Be Rem o ved(c o nnec tio n b etween Fea ture 7B a nd 8) Sid e slo p es will b e gra d ed to m a tc h existing slo p esa t a p p ro xim a tely a five to o ne (5:1) slo p e. M a tting,na tive seed m ix, a nd live sta kes will b e used to sta b ilize the strea m b a nks a nd to a vo id ero sio n,p ro vid ing lo ng-term sta b ility Existing Ea rthen Ro a d (a d ja c ent to Fea ture 8)To -b e m ec ha nic a lly rem o ved a s nec essa ry within the c o nserva tio n ea sem ent. Likely c o nstruc tio n a c tives inc lud e; - Deep rip p ing - So il a m end m ent Existing ea rthen ro a d /c ulvert will rem a in, & will b e lo c a ted o utsid e o f c o nserva tio n ea sem ent, within a 130-fo o t ea sem ent b rea k SUNNY SIDE LANDINGRIVERCRESTPORT TERMI N A L JOESLegend Lo w V o lta ge Po werline Existing Rip a ria n Fo rest: 2.10 Ac res Refo resta tio n Area : 87.06 Ac res Pro p o sed Co nserva tio n Ea sem ent: 97.89 Ac res Ba nk Pa rc el Sub jec t Pa rc els 1 in = 792 ft qRESTORATION SYSTEMS, LLC 1101 HAYNES ST, SUITE 211RALEIGH, NC 27604 PHONE : 919.755.9490 FAX : 919.755.9492 This m a p a nd a ll d a ta c o nta ined within a re sup p lied a s is with no wa rra nty. Resto ra tio n System s, LLC exp ressly d isc la im s resp o nsib ility fo r d a m a ges o r lia b ility fro m a ny c la im s tha t m a y a rise o ut o f the use o r m isuse o f this m a p . It is the so le resp o nsibility o f the user to d eterm ine if the d a ta o n this m a p is c o m p a tible with the user’s need s. This m a p wa s no t c rea ted a s survey d a ta , no r sho uld it b e used a s suc h. It is the user’s resp o nsibility to o bt a in p ro p er survey d a ta , p rep a red b y a lic ensed surveyo r, where required b y la w. SCALE: DATE: 06 - 2019 Co o rd ina te System :NAD_1983_SP_NC_FIPS_3200_Ft. Aeria l Im a gery: (c ) servic es.nc o nem a p .go v 0 350 700 1,050 1,400175 Feet SITE: GUC-00 Figure 5: Restoration Plan 1 in = 167 ft qRESTORATION SYSTEMS, LLC 1101 HAY NES ST, SUITE 211RALEIGH, NC 27604 PHO NE : 919.755.9490FAX : 919.755.9492 This m ap and all d ata contained within are supplied as is with no warranty. Restoration System s, LLC expressly d isclaim s responsib ility for d am ages or liab ility from any claim s that m ay arise out of t he use or m isuse of this m ap. It is the sole responsib ility of the user to d eterm ine if the d ata on this m ap is com patib le with the user’s need s. This m ap was not created as survey d ata, nor should it b e used as such. It is the user’s responsib ility to ob t ain proper survey d ata, prepared b y a licensed surveyor, where req uired b y law. SCALE: DATE: 06 - 2019 Coord inate System :NAD_1983_SP_NC_FIPS_3200_Ft. Aerial Im agery: (c) services.nconem ap.gov 0 75 150 225 30037.5 Feet SITE: GUC-00 Figure 6 A: Credit Determination NO TE: No riparian b uffer cred it is given in areas with b uffer wid thof less than 30-feet. Ad d itionally, no nutrient offset cred it is givenin areas with b uffer wid th less than 50 ft. NO TE ABO UT WIDTHS:TO B-30 ft. = Buffer is less than 30-ft. from the TO B and thereforeq ualifies for no cred it. Riparian Buffer Cred it TO B-100 ft. = Buffer wid th is contiguous fromTO B, is a m inim um of 30 ft. from the TO B and m axim um of 100 ft.from the TO B, and q ualifies of 100% Riparian Buffer Cred it. Riparian Buffer Cred it 101-200 ft. = Buffer wid th is contiguous fromTO B, is a m inim um of 101 ft. from the TO B and a m axim um of 200ft. from the TO B, and q ualifies for 33% Riparian Buffer Cred it. Nutrient O ffset Cred it TO B-200 ft. = Buffer wid th is contiguous fromTO B, is a m inim um of 50 ft. from the TO B and a m axim um of 200 ft.from the TO B, and q ualifies for 100% Nutrient O ffset Cred it. Legend Proposed Conservation Easem ent: 97.89 Acres Top of Bank to 30-Feet Top of Bank to 50-Feet Top of Bank to 100-Feet Top of Bank to 200-Feet Top of Bank (TO B) of Bank Parcel Hyd rologic Features GUC_BPDP_Credit_Determination Zone, Credit_Typ No Cred it: Existing Forest on Ditch or Less Than 30-Feet Z one A (0-50'), Riparian Buffer Preservation Z one B (51-100'), Riparian Buffer Preservation Z one C (101-200'), Riparian Buffer Preservation BPDP Credit Determination (Buffer Zone, Credit Type) Zone, Credit_Typ No Cred it: Existing Forest on Ditchs or Less Than 30-Feet on Stream s: 0.54 Acres Z one A (0-50'), Buffer Restoration: 16.82 Acres Z one B (51-100'), Buffer Restoration: 17.55 Acres Z one A (0-50'), Riparian Buffer Preservation: 1.32 Acres Z one B (51-100'), Riparian Buffer Preservation: 0.14 Acres Z one C (101-200'), Riparian Buffer Preservation: 0.14 Acres Z one A (0-50'), Nutrient O ffset: 4.79 Acres Z one B (51-100'), Nutrient O ffset: 4.87 Acres Z one C (101-200'), Nutrient O ffset: 42.38 Acres NO CREDIT AREA(LessTthan 30-Feet) NO CREDIT AREA(Non-Contiguous Area) 1 in = 250 ft qRESTORATION SYSTEMS, LLC 1101 HAY NES ST, SUITE 211RALEIGH, NC 27604 PHO NE : 919.755.9490FAX : 919.755.9492 This m ap and all d ata contained within are supplied as is with no warranty. Restoration System s, LLC expressly d isclaim s responsib ility for d am ages or liab ility from any claim s that m ay arise out of t he use or m isuse of this m ap. It is the sole responsib ility of the user to d eterm ine if the d ata on this m ap is com patib le with the user’s need s. This m ap was not created as survey d ata, nor should it b e used as such. It is the user’s responsib ility to ob t ain proper survey d ata, prepared b y a licensed surveyor, where req uired b y law. SCALE: DATE: 06 - 2019 Coord inate System :NAD_1983_SP_NC_FIPS_3200_Ft. Aerial Im agery: (c) services.nconem ap.gov 0 110 220 330 44055 Feet SITE: GUC-00 Figure 6 B: Credit Determination NO TE: No riparian b uffer cred it is given in areas with b uffer wid thof less than 30-feet. Ad d itionally, no nutrient offset cred it is givenin areas with b uffer wid th less than 50 ft. NO TE ABO UT WIDTHS:TO B-30 ft. = Buffer is less than 30-ft. from the TO B and thereforeq ualifies for no cred it. Riparian Buffer Cred it TO B-100 ft. = Buffer wid th is contiguous fromTO B, is a m inim um of 30 ft. from the TO B and m axim um of 100 ft.from the TO B, and q ualifies of 100% Riparian Buffer Cred it. Riparian Buffer Cred it 101-200 ft. = Buffer wid th is contiguous fromTO B, is a m inim um of 101 ft. from the TO B and a m axim um of 200ft. from the TO B, and q ualifies for 33% Riparian Buffer Cred it. Nutrient O ffset Cred it TO B-200 ft. = Buffer wid th is contiguous fromTO B, is a m inim um of 50 ft. from the TO B and a m axim um of 200 ft.from the TO B, and q ualifies for 100% Nutrient O ffset Cred it. Legend Proposed Conservation Easem ent: 97.89 Acres Top of Bank to 30-Feet Top of Bank to 50-Feet Top of Bank to 100-Feet Top of Bank to 200-Feet Top of Bank (TO B) of Bank Parcel Hyd rologic Features BPDP Credit Determination (Buffer Zone, Credit Type) No Cred it: Existing Forest on Ditchs or Less Than 30-Feet on Stream s: 0.54 Acres Z one A (0-50'), Buffer Restoration: 16.82 Acres Z one B (51-100'), Buffer Restoration: 17.55 Acres Z one A (0-50'), Riparian Buffer Preservation: 1.32 Acres Z one B (51-100'), Riparian Buffer Preservation: 0.14 Acres Z one C (101-200'), Riparian Buffer Preservation: 0.14 Acres Z one A (0-50'), Nutrient O ffset: 4.79 Acres Z one B (51-100'), Nutrient O ffset: 4.87 Acres Z one C (101-200'), Nutrient O ffset: 42.38 Acres 1 in = 292 ft qRESTORATION SYSTEMS, LLC 1101 HAY NES ST, SUITE 211RALEIGH, NC 27604 PHO NE : 919.755.9490FAX : 919.755.9492 This m ap and all d ata contained within are supplied as is with no warranty. Restoration System s, LLC expressly d isclaim s responsib ility for d am ages or liab ility from any claim s that m ay arise out of t he use or m isuse of this m ap. It is the sole responsib ility of the user to d eterm ine if the d ata on this m ap is com patib le with the user’s need s. This m ap was not created as survey d ata, nor should it b e used as such. It is the user’s responsib ility to ob t ain proper survey d ata, prepared b y a licensed surveyor, where req uired b y law. SCALE: DATE: 06 - 2019 Coord inate System :NAD_1983_SP_NC_FIPS_3200_Ft. Aerial Im agery: (c) services.nconem ap.gov 0 130 260 390 52065 Feet SITE: GUC-00 Figure 6 C: Credit Determination NO TE: No riparian b uffer cred it is given in areas with b uffer wid thof less than 30-feet. Ad d itionally, no nutrient offset cred it is givenin areas with b uffer wid th less than 50 ft. NO TE ABO UT WIDTHS:TO B-30 ft. = Buffer is less than 30-ft. from the TO B and thereforeq ualifies for no cred it. Riparian Buffer Cred it TO B-100 ft. = Buffer wid th is contiguous fromTO B, is a m inim um of 30 ft. from the TO B and m axim um of 100 ft.from the TO B, and q ualifies of 100% Riparian Buffer Cred it. Riparian Buffer Cred it 101-200 ft. = Buffer wid th is contiguous fromTO B, is a m inim um of 101 ft. from the TO B and a m axim um of 200ft. from the TO B, and q ualifies for 33% Riparian Buffer Cred it. Nutrient O ffset Cred it TO B-200 ft. = Buffer wid th is contiguous fromTO B, is a m inim um of 50 ft. from the TO B and a m axim um of 200 ft.from the TO B, and q ualifies for 100% Nutrient O ffset Cred it. Legend Proposed Conservation Easem ent: 97.89 Acres Top of Bank to 30-Feet Top of Bank to 50-Feet Top of Bank to 100-Feet Top of Bank to 200-Feet Top of Bank (TO B) of Bank Parcel Hyd rologic Features BPDP Credit Determination (Buffer Zone, Credit Type) Zone, Credit_Typ No Cred it: Existing Forest on Ditchs or Less Than 30-Feet on Stream s: 0.54 Acres Z one A (0-50'), Buffer Restoration: 16.82 Acres Z one B (51-100'), Buffer Restoration: 17.55 Acres Z one A (0-50'), Riparian Buffer Preservation: 1.32 Acres Z one B (51-100'), Riparian Buffer Preservation: 0.14 Acres Z one C (101-200'), Riparian Buffer Preservation: 0.14 Acres Z one A (0-50'), Nutrient O ffset: 4.79 Acres Z one B (51-100'), Nutrient O ffset: 4.87 Acres Z one C (101-200'), Nutrient O ffset: 42.38 Acres GUC Bank Parcel Development Plan Appendices Appendix B: NCDWR Correspondence ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality May 29, 2019 Raymond Holz Restoration Systems, LLC 1101 Haynes St., Suite 211 Raleigh, NC 27607 (via electronic mail: rholz(a restorationsystems.com ) DWR Project #: 2017-1122v2 Re: Site Viability for Buffer Mitigation & Nutrient Offset — GUC/City of Greenville Site Re-evaluation of Feature 5 from letter dated March 25, 2019 Tar -Pamlico River Basin — 03020103 HUC Located near Aqua Lane & Sunnyside Rd, Greenville, NC Pitt County Dear Mr. Holz, On March 25, 2019, a Site Viability for buffer mitigation and nutrient offset was issued to Restoration Systems, LLC (RS) by the Division of Water Resources (DWR) for the GUC/City of Greenville Site. On May 14, 2019, you submitted a request to Katie Merritt with DWR to re-evaluate the hydrologic connection of Feature 5 to Feature 6A. Supporting information was provided to Ms. Merritt on May 9, 2019, which included site photos and a video. This information confirms there is a hydrologic connection between Feature 5 and Feature 6A and is therefore viable for riparian restoration. This mitigation determination replaces only the mitigation determination made for Feature 5 in the letter dated March 25, 2019. All other mitigation determinations made on March 25, 2019 remain the same. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 'Subject Riparian Land uses adjacent to Buffer ZNutrient Offset Viable 'Mitigation Type Determination w/in riparian ID in the field to Feature Credit areas Viable at 2.273.02 Buffer (TOB -200') Re-evaluation Rule lbs/acre 5 Ditch No Mostly maintained grass used No Yes Forested Fringe — No Credit >3' depth historically as land application of (See Note) biosolids & agriculture; parts of the Fields - Restoration site per 15A NCAC 02B ditch have a narrow & forested .0295 (n) fringe Farm path crossing labeled "X" on Note: This feature may be impacted by the PNG maps attached is within existing Line 42 maintenance easement & the proposed PNG Easement for Line 42 & has a PNG line 24. Therefore, it cannot be used as a compromised culvert that needs to Restoration Site until compromised culverts are be replaced. Banks are unstable and replaced, PNG Line 24 has been constructed & no will require stabilization efforts. longer needs their construction easement and all overhead utility lines are removed. I d I 'Subjectivity calls for the features were determined by DWR in correspondence dated November 22, 2017 using the 1.24,000 sca a qua rang e topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS. z NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with Riparian Buffer Establishment. Phosphorus may be calculated separately. A meeting held between DWR personnel on October 17, 2017 resulted in approval to use this method on the subject property. 'Evidence of gas lines and above ground utilities were observed on and around the subject property. Information from RS was provided January 22, 2019 showing all locations of existing and proposed utilities and their associated temporary & permanent easements. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 GUC/City of Greenville Site Restoration Systems, LLC May 29, 2019 Maps for reference are attached to this letter and were initialed by Ms. Merritt on December 20, 2017, March 12, 2019 and May 29, 2019. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate nutrient offsets or buffer mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. Any site constraints found on the property must be presented to DWR for a full evaluation and final mitigation determination. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. A Mitigation Banking Instrument approved by the DWR will be required for this site to be eligible to use as a mitigation bank. This viability assessment will expire on March 25, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/k n Attachments: Figure 1 (Existing Site Conditions), GUC WWTP Property Boundary, Topographic Map w/ Stream Determination, Piedmont Natural Gas Line 24 Project PCN Exhibit cc: DWR File Copy (Katie Merritt) Jason Manning, GUC (via email: manninmj(& uc.com ) Nathanial Thornburg DWR Central Office (via email: nathaniel.thornburg(a)ncdenr.gov ) WaRO DWR Regional Office — David May/Robert Tankard/Anthony Scarborough Page 212 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality March 25, 2019 Raymond Holz DWR Project #: 2017-1122v2 Restoration Systems, LLC 1101 Haynes St., Suite 211 Raleigh, NC 27607 (via electronic mail: rholzArestorationsystems.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — GUC/City of Greenville Site Tar -Pamlico River Basin — 03020103 HUC Located near Aqua Lane & Sunnyside Rd, Greenville, NC Pitt County Dear Mr. Holz, On September 1, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from Greene Environmental Services, LLC (GES) for a site visit near the above -referenced site in the Tar -Pamlico River Basin. The request was for DWR to determine the potential for riparian buffer mitigation and nutrient offset on adjoining lands currently owned by the City of Greenville near the Wastewater Treatment Plant (WWIT). On November 14, 2017, Ms. Merritt performed an onsite assessment of the subject site and identified the following site constraints in correspondence to Jeff Becker with GES on January 16, 2018: • UTILITIES: Natural gas lines and other utility lines are present throughout the property both underground and above ground. Their specific locations and associated easements were unknown at time of site visit. • PERMITS: State, Federal and/or Local permits may be associated with this property. Wetland delineation flagging was observed onsite and gas lines were seen crossing wetlands. No knowledge of permits obtained for impacts associated with streams, wetlands or buffers was provided to Ms. Merritt onsite to confirm compliance with regulations. • EXISTING PATHS & ROADS: The City of Greenville owns this property and has used the land for applying their biosolids associated with the W WTP. Existing dirt paths and deeded access roads are present and are adjacent to ditches and streams onsite where mitigation would be proposed. Due to the magnitude of site constraints noted above, Ms. Merritt was unable to complete a viability assessment review of the site for GES. On January 22, 2019, Ms. Merritt received another site viability request for the subject site, but from Restoration Systems, LLC (RS). The request from RS included a landowner authorization form authorizing RS to act on behalf of the City of Greenville for a viability assessment on their property, which is more accurately shown on the attached map labeled, "Figure 1. Existing Site Conditions". RS also provided information regarding all the utilities, permits and deeded access easements associated with the subject site. On March 13, 2019, �DKQ�1� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 2 769 9-1617 919.707.9000 GUC/City of Greenville Site Restoration Systems, LLC March 25, 2019 RS provided site photos showing existing conditions of the riparian areas adjacent to each feature onsite. When comparing these photos to notes taken during Ms. Merritt's original site visit in 2017, no land use changes appear to have occurred. With all the information provided by RS, Ms. Merritt was able to complete the viability assessment for the subject site. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 'Sub ect Riparian Land use Buffer 'Nutrient 'Mitigation Type Determination Win in the field adiacent to Feature riparian areas ID to Credit Offset Viable at 2,273.02 Buffer (TOB -20011 Viable lbs/acre Rule I Ditch No N/A No No N/A (WWT? effluent channel) 2 Stream Yes Maintained grass most 'Yes Yes (non- Forested fringe — Preservation Site per 15A recently used as land forested areas NCAC 02B.0295 (o)(5) application of biosolids, only) used historically for Fields = Restoration site per 15A NCAC 02B agriculture, narrow .0295 (n) forested fringe upstream (5-10' wide); 50' PNG All areas within existing easements (PNG & #42 gas line crossing; Utilities) must be excluded from the 120' overhead utility Restoration and Preservation Site line downstream 3&4 not evaluated N/A N/A N/A N/A Out of project boundary (see map) 5 Ditch/ No Maintained grass used No No Gas line crossing is not culverted; feature is wetland historically as land not hydrologically connected to downstream application of biosolids ditch 6A & agriculture 6A Ditch No Maintained grass used No Yes Restoration site per 15A NCAC 02B .0295 South of >3' depth historically as land (n) gas line application of biosolids berm & agriculture; farm Cannot be used as a Restoration Site until path, overhead utility after PNG has constructed the pipeline and no line, and a temporary longer needs their construction easement and construction easement the overhead utility line is removed. Utility for PNG #24 gas line lines & farm path are proposed to be removed. 6B Stream Yes 'Yes Yes (non- Forested Areas — Preservation Site per 15A At DWR Maintained grass used forested areas NCAC 02B.0295 (o)(5) "9" Flag historically as land only) (see map) application of biosolids Fields - Restoration site per 15A NCAC 02B & agriculture, farm .0295 (n) path, overhead utility line, and a temporary Cannot be used as a Restoration or construction easement Preservation Site until after PNG has for PNG #24 gas line, constructed the pipeline and no longer needs partially forested near their construction easement and the overhead confluence w/ 7A utility line is removed. Utility lines & farm path are proposed to be removed. Page 214 GUC/City of Greenville Site Restoration Systems, LLC March 25, 2019 Feature Classification tSubiect Riparian Land uses Buffer 3 Nutrient °M itiaation Type Determination w/in to riparian areas ID in the field adiscent to Feature Credit Offset Viable (TOB -2001) at 2,273.02 Buffer Viable Rule lbs/acre 7A Stream Yes maintained grass used 3Yes Yes (non- Forested fringe — Preservation Site per 15A At DWR historically as land forested areas NCAC 02B.0295 (o)(5) "P" flag application of biosolids only) (see map) & agriculture; forested Fields - Restoration site per 15A NCAC 02B fringe from 5-15' from .0295 (n) TOB; temporary construction easement Cannot be used as a Restoration or for PNG #24 gas line Preservation Site until after PNG has constructed the pipeline and no longer needs their construction easement. Utility lines & farm path are proposed to be removed. 7B Stream Yes Combination of mature 'Yes Yes (non- Forested Areas — Preservation Site per 15A (see map) natural forest and forested areas NCAC 02B.0295 (o)(5) maintained grass used only) historically as land Fields - Restoration site per I SA NCAC 02B application of biosolids .0295 (n) & agriculture 8 Stream Yes Combination of mature 'Yes Yes field Forested Areas — Preservation Site per 15A natural forest and only) NCAC 02B.0295 (o)(5) maintained grass most recently used as land Fields = Restoration site per 15A NCAC 02B application of biosolids, .0295 (n) used historically for agriculture 15mecnwty calls Tor the features were determined by DWR in correspondence dated November 22, 2017 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS. 2 NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with Riparian Buffer Establishment. Phosphorus may be calculated separately. A meeting held between DWR personnel on October 17, 2017 resulted in approval to use this method on the subject property. 3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC .0295 (o)(5) and 15A NCAC .0295 (o)(4). Site cannot be a Preservation only site to comply with this rule. °Evidence of gas lines and above ground utilities were observed on and around the subject property. Information from RS was provided January 22, 2019 showing all locations of existing and proposed utilities and their associated temporary & permanent easements. Maps for reference are attached to this letter and were initialed by Ms. Merritt on December 20, 2017 and March 12, 2019. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate nutrient offsets or mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. Page 314 GUC/City of Greenville Site Restoration Systems, LLC March 25, 2019 All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. Any site constraints found on the property must be presented to DWR for a full evaluation and fmal mitigation determination. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. A Mitigation Banking Instrument approved by the DWR will be required for this site to be eligible to use as a mitigation bank. This viability assessment will expire on March 13, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/km Attachments: Figure 1 (Existing Site Conditions), GUC WWTP Property Boundary, Topographic Map w/ Stream Determination, Piedmont Natural Gas Line 24 Project PCN Exhibit cc: DWR File Copy (Katie Merritt) Jason Manning, GUC (via email: manninmiAguc.com ) Nathanial Thornburg DWR Central Office (via email: nathaniel.thomburgn�,ncdenr.gov ) WaRO DWR Regional Office — David May/Robert Tankard/Anthony Scarborough Page 414 Surface\ rveyanca #1 Existing path 8 crossing to remain (60 foot easement break Unnamed ributary #1 M Legend O Subject Parcels Working Proposed Easement: +/-100 Acres Site Features — Surface Water Conveyance #1; Surface Water Conveyance 02 Unnamed Tributary #1; Unnamed Tdbulary #2; Unnamed Tdbutery #3 — Pavredine Existing Utility Easements 120' Pmedine Easement Existing 50' Piedmont Natural Gas Easement (Line 42) Future 50' Piedmont Natural Gas Easement (Line 24) D.BIPg. 236157] Existing road to -be relocated outside of the easement area PNG Line 24 PNG Line 42 Unnamed Tributary #3 Surface Conveyance #2 �` -- Existing cpath ompo-be 7T emovetl completety 11� D.BIPg. I � 250/]54 I Existing path 8 crossing to remain (60 foot easement break Outbuilding to -be mmoved completely T 7 Unnamed Tributary 92 120' Powerilne Essen t RESTORATION WIFTEMe, LLC wMaaxsun x+� RNee1.HCxRN Figure 1: I Site Conditions wwm.: vx aero _ � ter,...-• .:rin� _, a�-. op , a a � :r. .:cog.• Goon Ic carte ♦ i .I 00 ea \ •_-� _ � � tom. �� •� �� �� _ ��_ .�� .rte A '�� r� NOACw0wm Managenaint Commission OWNion d Water Resmimm For Date BtYtet ion—iikJ ern d.ra U14,-! Impact5183 PFO Temporary Impact 0.171 AC rl Impact 182 5607586910 PFO Conversion Impact / 1.56 AC Impact PFO Temporary Impact 0,046 AC — X19:2 r .Impact 176 r PFO Temporary Impact 0.010 AC F _ _ 1- 11 PEM Temporary Impact j 0.022 AC Impact 175 PEMTemporary Impact 0.029 AC Impact 173 PEM Temporary Impact 0.05 AC mpact 174 dified Stream . _...porary Impact 5607852,LF Impact 177 Modified Stream Temporary Impact 606 LF AR -10-12 Impact 178 Impact 179 Modified Stream Modified Stream Temporary Impact Temporary Impact 12 LF 343 LF Protect Area PFO Habitat Intermittent Stream (— 1 Parcels . PFO Temporary Impact iNM Intermittent Temporary Impact Access Road PFO Conversion Impacts PEM Habitat • Milepost PSS Habitat PEM Temporary Impact Roads PSS Temporary Impact M Modified Stream Topography ICI=2 ft) PSS Conversion Impacts Modified Stream Temporary Impact Temporary Work Space am Proposed Maintained Easement Perennial Stream PUS _ Perennial Temporary Impact PUB Temporary Impact Piedmont Natural Gas Line 24 Project Pitt County, North Carolina PRE -CONSTRUCTION NOTIFICATION EXHIBITS SII''. Impact 180 PEM Temporary Impact a 0.006 AC u' 5608702453 A w' I � 560870! Vk � lli i je Feet 0 150 300 SHEET 40 OF 41 Nationwide Permit Exhibits November 27, 2018 Dramby Environmental Consulting 2707 West Cary Street Suite 4 Richmond, Virginia 23220 +fir 351 McLaws Circle Vhb Suite 3 Williamsburg, Virginia 23185 Piedmont Natural Gas Line 24 Project Pitt County, North Carolina PRE -CONSTRUCTION NOTIFICATION EXHIBITS SII''. Impact 180 PEM Temporary Impact a 0.006 AC u' 5608702453 A w' I � 560870! Vk � lli i je Feet 0 150 300 SHEET 40 OF 41 Nationwide Permit Exhibits November 27, 2018 GUC Bank Parcel Development Plan Appendices Appendix C: NRCS Web Soil Survey Report United States Department of Agriculture A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Pitt County, North Carolina GUC Natural Resources Conservation Service June 28, 2019 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface....................................................................................................................2 How Soil Surveys Are Made..................................................................................5 Soil Map..................................................................................................................8 Soil Map................................................................................................................9 Legend................................................................................................................10 Map Unit Legend................................................................................................11 Map Unit Descriptions.........................................................................................11 Pitt County, North Carolina.............................................................................13 AgB—Alaga loamy sand, banded substratum, 0 to 6 percent slopes (Alpin)....................................................................................................13 AlB—Altavista sandy loam, 0 to 4 percent slopes.......................................14 Bb—Bibb complex.......................................................................................15 LaB—Lakeland sand, 0 to 6 percent slopes................................................16 Oe—Olustee loamy sand, sandy subsoil variant (Murville).........................17 Os—Osier loamy sand, loamy substratum (Plummer)................................19 Pa—Pactolus loamy sand...........................................................................20 Po—Portsmouth loam.................................................................................21 Tu—Tuckerman fine sandy loam (Yonges).................................................23 WaB—Wagram loamy sand, 0 to 6 percent slopes.....................................25 References............................................................................................................27 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil-landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report 6 identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. Custom Soil Resource Report 7 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 9 Custom Soil Resource Report Soil Map 39417003941900394210039423003942500394270039429003943100394330039417003941900394210039423003942500394270039429003943100291100 291300 291500 291700 291900 292100 292300 292500 292700 292900 293100 293300 293500 293700 291100 291300 291500 291700 291900 292100 292300 292500 292700 292900 293100 293300 293500 293700 35° 36' 42'' N 77° 18' 23'' W35° 36' 42'' N77° 16' 38'' W35° 35' 46'' N 77° 18' 23'' W35° 35' 46'' N 77° 16' 38'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 18N WGS84 0 500 1000 2000 3000 Feet 0 150 300 600 900 Meters Map Scale: 1:12,100 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:15,800. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Pitt County, North Carolina Survey Area Data: Version 15, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 20, 2015—May 15, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 10 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI AgB Alaga loamy sand, banded substratum, 0 to 6 percent slopes (Alpin) 10.2 10.5% AlB Altavista sandy loam, 0 to 4 percent slopes 1.4 1.5% Bb Bibb complex 0.6 0.6% LaB Lakeland sand, 0 to 6 percent slopes 22.0 22.6% Oe Olustee loamy sand, sandy subsoil variant (Murville) 5.5 5.7% Os Osier loamy sand, loamy substratum (Plummer) 32.5 33.4% Pa Pactolus loamy sand 7.1 7.3% Po Portsmouth loam 2.8 2.9% Tu Tuckerman fine sandy loam (Yonges) 7.4 7.6% WaB Wagram loamy sand, 0 to 6 percent slopes 7.6 7.8% Totals for Area of Interest 97.2 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They Custom Soil Resource Report 11 generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. Custom Soil Resource Report 12 Pitt County, North Carolina AgB—Alaga loamy sand, banded substratum, 0 to 6 percent slopes (Alpin) Map Unit Setting National map unit symbol: 3tyc Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost-free period: 200 to 280 days Farmland classification: Not prime farmland Map Unit Composition Alpin and similar soils: 85 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Alpin Setting Landform: Ridges on marine terraces Landform position (two-dimensional): Shoulder, summit Landform position (three-dimensional): Crest Down-slope shape: Convex Across-slope shape: Convex Parent material: Eolian sands and/or sandy fluviomarine deposits Typical profile A - 0 to 7 inches: fine sand E - 7 to 38 inches: fine sand E/Bt - 38 to 72 inches: fine sand C - 72 to 80 inches: sand Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Excessively drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Low (about 4.2 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4s Hydrologic Soil Group: A Hydric soil rating: No Custom Soil Resource Report 13 AlB—Altavista sandy loam, 0 to 4 percent slopes Map Unit Setting National map unit symbol: 3tyd Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost-free period: 200 to 280 days Farmland classification: All areas are prime farmland Map Unit Composition Altavista and similar soils: 90 percent Minor components: 4 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altavista Setting Landform: Stream terraces Down-slope shape: Concave Across-slope shape: Linear Parent material: Old loamy alluvium derived from igneous and metamorphic rock Typical profile Ap - 0 to 9 inches: fine sandy loam E - 9 to 14 inches: fine sandy loam Bt - 14 to 40 inches: sandy clay loam C - 40 to 80 inches: loamy sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Moderately well drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 18 to 30 inches Frequency of flooding: Rare Frequency of ponding: None Available water storage in profile: High (about 9.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2w Hydrologic Soil Group: C Hydric soil rating: No Minor Components Tomotley, undrained Percent of map unit: 2 percent Landform: Depressions on stream terraces, flats on stream terraces Custom Soil Resource Report 14 Down-slope shape: Linear Across-slope shape: Linear Hydric soil rating: Yes Roanoke, undrained Percent of map unit: 2 percent Landform: Depressions on stream terraces, backswamps on stream terraces Landform position (three-dimensional): Flat Down-slope shape: Concave Across-slope shape: Linear Hydric soil rating: Yes Bb—Bibb complex Map Unit Setting National map unit symbol: 3tyj Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost-free period: 200 to 280 days Farmland classification: Not prime farmland Map Unit Composition Bibb, undrained, and similar soils: 65 percent Johnston, undrained, and similar soils: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Bibb, Undrained Setting Landform: Flood plains Landform position (two-dimensional): Toeslope Down-slope shape: Concave Across-slope shape: Linear Parent material: Sandy and loamy alluvium Typical profile A - 0 to 6 inches: loamy sand Cg1 - 6 to 60 inches: sandy loam Cg2 - 60 to 80 inches: loamy sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: High Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Frequent Frequency of ponding: None Custom Soil Resource Report 15 Available water storage in profile: Moderate (about 7.2 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 5w Hydrologic Soil Group: A/D Hydric soil rating: Yes Description of Johnston, Undrained Setting Landform: Flood plains Down-slope shape: Concave Across-slope shape: Linear Parent material: Sandy and loamy alluvium Typical profile A - 0 to 30 inches: mucky loam Cg1 - 30 to 34 inches: loamy fine sand Cg2 - 34 to 80 inches: fine sandy loam Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Very poorly drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: About 0 inches Frequency of flooding: Frequent Frequency of ponding: Frequent Available water storage in profile: High (about 9.4 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7w Hydrologic Soil Group: A/D Hydric soil rating: Yes LaB—Lakeland sand, 0 to 6 percent slopes Map Unit Setting National map unit symbol: 3tyz Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost-free period: 200 to 280 days Farmland classification: Not prime farmland Map Unit Composition Lakeland and similar soils: 85 percent Custom Soil Resource Report 16 Minor components: 3 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Lakeland Setting Landform: Ridges on stream terraces Landform position (two-dimensional): Shoulder, summit Landform position (three-dimensional): Crest Down-slope shape: Convex Across-slope shape: Convex Parent material: Eolian sands and/or sandy fluviomarine deposits Typical profile A - 0 to 10 inches: sand C - 10 to 80 inches: sand Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Excessively drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Available water storage in profile: Low (about 3.7 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4s Hydrologic Soil Group: A Hydric soil rating: No Minor Components Leon Percent of map unit: 3 percent Landform: Flats on marine terraces Down-slope shape: Linear Across-slope shape: Concave Hydric soil rating: Yes Oe—Olustee loamy sand, sandy subsoil variant (Murville) Map Unit Setting National map unit symbol: 3tzb Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Custom Soil Resource Report 17 Frost-free period: 200 to 280 days Farmland classification: Farmland of unique importance Map Unit Composition Murville, undrained, and similar soils: 80 percent Murville, drained, and similar soils: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Murville, Undrained Setting Landform: Depressions on marine terraces, flats on marine terraces Down-slope shape: Concave Across-slope shape: Concave Parent material: Sandy fluviomarine deposits and/or eolian sands Typical profile A - 0 to 8 inches: fine sand Bh - 8 to 45 inches: fine sand C - 45 to 80 inches: fine sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Very poorly drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: About 0 inches Frequency of flooding: None Frequency of ponding: Frequent Available water storage in profile: Low (about 4.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 5w Hydrologic Soil Group: A/D Hydric soil rating: Yes Description of Murville, Drained Setting Landform: Depressions on marine terraces, flats on marine terraces Down-slope shape: Concave Across-slope shape: Concave Parent material: Sandy fluviomarine deposits and/or eolian sands Typical profile A - 0 to 8 inches: fine sand Bh - 8 to 45 inches: fine sand C - 45 to 80 inches: fine sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Very poorly drained Runoff class: Very high Custom Soil Resource Report 18 Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr) Depth to water table: About 0 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Low (about 4.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3w Hydrologic Soil Group: A/D Hydric soil rating: Yes Os—Osier loamy sand, loamy substratum (Plummer) Map Unit Setting National map unit symbol: 3tzc Elevation: 80 to 330 feet Mean annual precipitation: 38 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost-free period: 210 to 265 days Farmland classification: Not prime farmland Map Unit Composition Plummer, undrained, and similar soils: 40 percent Osier, undrained, and similar soils: 30 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Plummer, Undrained Setting Landform: Flats, drainageways, depressions Landform position (two-dimensional): Toeslope Down-slope shape: Concave Across-slope shape: Concave Parent material: Loamy and sandy marine deposits Typical profile A - 0 to 9 inches: loamy sand Eg - 9 to 50 inches: loamy sand Btg - 50 to 80 inches: sandy loam Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 1.98 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Very rare Custom Soil Resource Report 19 Frequency of ponding: None Available water storage in profile: Low (about 4.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4w Hydrologic Soil Group: A/D Hydric soil rating: Yes Description of Osier, Undrained Setting Landform: Flats, drainageways, depressions Landform position (two-dimensional): Toeslope Down-slope shape: Concave Across-slope shape: Concave Parent material: Sandy fluviomarine deposits Typical profile A - 0 to 8 inches: loamy sand Cg1 - 8 to 48 inches: loamy sand Cg2 - 48 to 80 inches: coarse sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Frequent Frequency of ponding: None Available water storage in profile: Low (about 3.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 5w Hydrologic Soil Group: A/D Hydric soil rating: Yes Pa—Pactolus loamy sand Map Unit Setting National map unit symbol: 3tzd Elevation: 80 to 330 feet Mean annual precipitation: 38 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost-free period: 210 to 265 days Farmland classification: Not prime farmland Custom Soil Resource Report 20 Map Unit Composition Pactolus and similar soils: 90 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Pactolus Setting Landform: Ridges on stream terraces, ridges on marine terraces Landform position (three-dimensional): Tread Down-slope shape: Convex, concave Across-slope shape: Convex, linear Parent material: Sandy fluviomarine deposits and/or eolian sands Typical profile Ap - 0 to 8 inches: loamy sand C - 8 to 40 inches: loamy sand Cg - 40 to 80 inches: loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Moderately well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: About 18 to 36 inches Frequency of flooding: Rare Frequency of ponding: None Available water storage in profile: Low (about 4.2 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3s Hydrologic Soil Group: A Hydric soil rating: No Po—Portsmouth loam Map Unit Setting National map unit symbol: 3tzg Elevation: 20 to 160 feet Mean annual precipitation: 40 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost-free period: 200 to 280 days Farmland classification: Prime farmland if drained Map Unit Composition Portsmouth, drained, and similar soils: 80 percent Portsmouth, undrained, and similar soils: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Custom Soil Resource Report 21 Description of Portsmouth, Drained Setting Landform: Depressions on stream terraces, flats on marine terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Loamy fluviomarine deposits over sandy fluviomarine deposits Typical profile Ap - 0 to 12 inches: loam Eg - 12 to 19 inches: loam BEg - 19 to 23 inches: loam Btg - 23 to 35 inches: sandy clay loam BCg - 35 to 38 inches: sandy loam 2Cg1 - 38 to 48 inches: sand 2Cg2 - 48 to 80 inches: sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: 20 to 40 inches to strongly contrasting textural stratification Natural drainage class: Very poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Rare Frequency of ponding: None Available water storage in profile: Low (about 5.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3w Hydrologic Soil Group: B/D Hydric soil rating: Yes Description of Portsmouth, Undrained Setting Landform: Flats on marine terraces, depressions on stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Loamy fluviomarine deposits over sandy fluviomarine deposits Typical profile A - 0 to 12 inches: loam Eg - 12 to 19 inches: loam BEg - 19 to 23 inches: loam Btg - 23 to 35 inches: sandy clay loam BCg - 35 to 38 inches: sandy loam 2Cg1 - 38 to 48 inches: sand 2Cg2 - 48 to 80 inches: sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: 20 to 40 inches to strongly contrasting textural stratification Custom Soil Resource Report 22 Natural drainage class: Very poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Rare Frequency of ponding: Rare Available water storage in profile: Low (about 5.8 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6w Hydrologic Soil Group: B/D Hydric soil rating: Yes Tu—Tuckerman fine sandy loam (Yonges) Map Unit Setting National map unit symbol: 3tzl Elevation: 0 to 20 feet Mean annual precipitation: 42 to 58 inches Mean annual air temperature: 61 to 64 degrees F Frost-free period: 190 to 270 days Farmland classification: Prime farmland if drained Map Unit Composition Yonges, drained, and similar soils: 80 percent Yonges, undrained, and similar soils: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Yonges, Drained Setting Landform: Flats on marine terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Sandy and loamy fluviomarine deposits and/or marine deposits Typical profile Ap - 0 to 7 inches: loam Btg - 7 to 51 inches: loam BCg - 51 to 58 inches: fine sandy loam C - 58 to 80 inches: loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.57 in/hr) Custom Soil Resource Report 23 Depth to water table: About 0 to 12 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum in profile: 3 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: High (about 9.1 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3w Hydrologic Soil Group: C/D Hydric soil rating: Yes Description of Yonges, Undrained Setting Landform: Flats on marine terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Sandy and loamy fluviomarine deposits and/or marine deposits Typical profile Ap - 0 to 7 inches: loam Btg - 7 to 51 inches: loam BCg - 51 to 58 inches: fine sandy loam C - 58 to 80 inches: loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.57 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum in profile: 3 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: High (about 9.1 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4w Hydrologic Soil Group: C/D Hydric soil rating: Yes Custom Soil Resource Report 24 WaB—Wagram loamy sand, 0 to 6 percent slopes Map Unit Setting National map unit symbol: 3tzm Elevation: 80 to 330 feet Mean annual precipitation: 38 to 55 inches Mean annual air temperature: 59 to 70 degrees F Frost-free period: 210 to 265 days Farmland classification: Farmland of statewide importance Map Unit Composition Wagram and similar soils: 90 percent Minor components: 5 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Wagram Setting Landform: Ridges on marine terraces, broad interstream divides on marine terraces Landform position (two-dimensional): Shoulder, summit Landform position (three-dimensional): Crest Down-slope shape: Convex Across-slope shape: Convex Parent material: Loamy marine deposits Typical profile Ap - 0 to 8 inches: loamy sand E - 8 to 24 inches: loamy sand Bt - 24 to 75 inches: sandy clay loam BC - 75 to 83 inches: sandy loam Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 60 to 80 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 6.7 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2s Hydrologic Soil Group: A Hydric soil rating: No Custom Soil Resource Report 25 Minor Components Bibb, undrained Percent of map unit: 3 percent Landform: Flood plains Landform position (two-dimensional): Toeslope Down-slope shape: Concave Across-slope shape: Linear Hydric soil rating: Yes Johnston, undrained Percent of map unit: 2 percent Landform: Flood plains Down-slope shape: Concave Across-slope shape: Linear Hydric soil rating: Yes Custom Soil Resource Report 26 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 27 United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nrcs142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf Custom Soil Resource Report 28 GUC Bank Parcel Development Plan Appendices Appendix D: Environmental Records & Scoping Letters NCNHDE-7325 October 19, 2018 Alexander Baldwin Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 RE: GUC Property Dear Alexander Baldwin: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area GUC Property October 19, 2018 NCNHDE-7325 Element Occurrences Documented Within Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Freshwater Bivalve 36530 Elliptio fisheriana Northern Lance 2009-10-08 E 3-Medium ---Significantly Rare G4 S3 Freshwater Bivalve 14068 Elliptio roanokensis Roanoke Slabshell 2017-08-01 E 3-Medium ---Special Concern G3 S3 Freshwater Bivalve 1148 Leptodea ochracea Tidewater Mucket 2017-08-01 E 3-Medium ---Threatened G3G4 S2 Natural Areas Documented Within Project Area Site Name Representational Rating Collective Rating TAR/Lower Tar River Aquatic Habitat R1 (Exceptional)C2 (Very High) No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on October 19, 2018; source: NCNHP, Q4 Oct 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area GUC Property October 19, 2018 NCNHDE-7325 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Amphibian 12606 Necturus lewisi Neuse River Waterdog 2016-11-09 AB 3-Medium ---Special Concern G2 S2 Animal Assemblage 23902 Waterbird Colony ---2004 C 3-Medium ------GNR S3 Bird 25641 Haliaeetus leucocephalus Bald Eagle 2015-04-22 E 2-High Bald/Golden Eagle Protection Act Threatened G5 S3B,S3 N Crustacean 3493 Orconectes carolinensis North Carolina Spiny Crayfish 1980-03-24 H?3-Medium ---Special Concern G3 S3 Dragonfly or Damselfly 33766 Somatochlora georgiana Coppery Emerald 2004-Pre H?5-Very Low ---Significantly Rare G3G4 S2? Freshwater Bivalve 1206 Alasmidonta undulata Triangle Floater 2017-07-12 E 3-Medium ---Threatened G4 S3 Freshwater Bivalve 36530 Elliptio fisheriana Northern Lance 2009-10-08 E 3-Medium ---Significantly Rare G4 S3 Freshwater Bivalve 14068 Elliptio roanokensis Roanoke Slabshell 2017-08-01 E 3-Medium ---Special Concern G3 S3 Freshwater Bivalve 25382 Lampsilis cariosa Yellow Lampmussel 2009-10-08 E 3-Medium ---Endangered G3G4 S3 Freshwater Bivalve 1148 Leptodea ochracea Tidewater Mucket 2017-08-01 E 3-Medium ---Threatened G3G4 S2 Freshwater Fish 32361 Enneacanthus obesus Banded Sunfish 1997-04-01 E 3-Medium ---Significantly Rare G5 S3 Mammal 5451 Trichechus manatus West Indian Manatee 1994-09-17 E 5-Very Low Threatened Threatened G2 S1N Mayfly 14173 Baetisca obesa a mayfly 1985-11-20 H?3-Medium ---Significantly Rare G5 S1 Reptile 35037 Farancia erytrogramma Rainbow Snake 1928-11-10 H 3-Medium ---Significantly Rare G4 S3 Page 3 of 5 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating TAR/Lower Tar River Aquatic Habitat R1 (Exceptional)C2 (Very High) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust Fund State North Carolina Coastal Land Trust Easement North Carolina Coastal Land Trust Private Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on October 19, 2018; source: NCNHP, Q4 Oct 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 Powered by TCPDF (www.tcpdf.org) Page 5 of 5 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2019-SLI-0082 Event Code: 04EN2000-2019-E-00175 Project Name: GUC Nutrient Buffer Bank Subject:List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the species' life histories and habitats and information on completing a biological assessment or October 24, 2018 10/24/2018 Event Code: 04EN2000-2019-E-00175   2    evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 10/24/2018 Event Code: 04EN2000-2019-E-00175   3    Attachment(s): ▪Official Species List 10/24/2018 Event Code: 04EN2000-2019-E-00175   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 10/24/2018 Event Code: 04EN2000-2019-E-00175   2    Project Summary Consultation Code:04EN2000-2019-SLI-0082 Event Code:04EN2000-2019-E-00175 Project Name:GUC Nutrient Buffer Bank Project Type:LAND - RESTORATION / ENHANCEMENT Project Description:Restoration Systems, LLC. is proposing to create a nutrient offset mitigation banking project in improve water quality in the Tar-Pamlico River Basin. Activities will include restricting future land use through a conservation easement as well as reforestation of riparian buffer areas with native trees and vegetation. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.603798729500056N77.29207739747483W Counties:Pitt, NC 10/24/2018 Event Code: 04EN2000-2019-E-00175   3    Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location is outside the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos.fws.gov/ecp/species/4469 Threatened Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered 1 10/24/2018 Event Code: 04EN2000-2019-E-00175   4    Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5164 Proposed Threatened Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/784 Endangered Tar River Spinymussel Elliptio steinstansana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1392 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry 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 May 24, 2019 John Hamby Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, NC 27604 Re: Greenville Utilities Commission Nutrient Offset Bank Project, Pitt County, ER 19-1476 Dear Mr. Hamby: We received the request for environmental review pertaining to the Greenville Utilities Commission’s proposed Nutrient-Offset Bank. North Carolina Office of State Archaeology (OSA) records indicate that 20 recorded archaeological sites occur within the project footprint area. Some were found and recorded in the 1980’s by East Carolina University’s Anthropology Department and others were discovered during a survey performed in 1992 by Archaeological Research Consultants, Inc. (ER 92-7060). Most of these sites are located adjacent and south of Tributary #2 and adjacent to Barber Creek. No evidence was found to indicate that these sites were assessed for their potential eligibility for inclusion on the National Register of Historic Places. A map of these sites and their relative association with modern land features is available through the OSA. Given the nature of this project it is understood that various degrees of disturbance are to be expected. We would appreciate more detailed explanations of the specific disturbances associated with the project. Extensive disturbance such as rerouting or de-channelization of Tributary #2 may involve finding and assessing archaeological sites that may be affected. We have determined that the project as proposed will not have an effect on any historic structures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer FORM-PBA-CCA ®kcehCoeG htiw tropeR ™paM suidaR RDE ehT 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com Greenville Utility 2242 Sunny Side Road Greenville, NC 27834 Inquiry Number: 5624383.2s April 17, 2019 SECTION PAGE Executive Summary ES1 Overview Map 2 Detail Map 3 Map Findings Summary 4 Map Findings 8 Orphan Summary 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting Source Map A-7 Physical Setting Source Map Findings A-8 Physical Setting Source Records Searched PSGR-1 TC5624383.2s Page 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 2019 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. TABLE OF CONTENTS EXECUTIVE SUMMARY TC5624383.2s EXECUTIVE SUMMARY 1 A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 2242 SUNNY SIDE ROAD GREENVILLE, NC 27834 COORDINATES 35.6032610 - 35˚ 36’ 11.73’’Latitude (North): 77.2946810 - 77˚ 17’ 40.85’’Longitude (West): Zone 18Universal Tranverse Mercator: 292132.0UTM X (Meters): 3942170.5UTM Y (Meters): 12 ft. above sea levelElevation: USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY 5944944 GREENVILLE SE, NCTarget Property Map: 2013Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 20140706Portions of Photo from: USDASource: 5624383.2s Page 2 1 PITT COUNTY UTILITY PORT TERMINAL RD SHWS Higher 4138, 0.784, SW Reg PITT CO UTIL LDFL NC HSDS Same 4616, 0.874, WSW MAPPED SITES SUMMARY Target Property Address: 2242 SUNNY SIDE ROAD GREENVILLE, NC 27834 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID DATABASE ACRONYMS ELEVATION DIRECTIONSITE NAME ADDRESS EXECUTIVE SUMMARY TC5624383.2s EXECUTIVE SUMMARY 3 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 EXECUTIVE SUMMARY TC5624383.2s EXECUTIVE SUMMARY 4 US INST CONTROL Sites with Institutional Controls Federal ERNS list ERNS Emergency Response Notification System State and tribal landfill and/or solid waste disposal site lists SWF/LF List of Solid Waste Facilities DEBRIS Solid Waste Active Disaster Debris Sites Listing OLI Old Landfill Inventory LCID Land-Clearing and Inert Debris (LCID) Landfill Notifications 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 VCP Responsible Party Voluntary Action Sites INDIAN VCP Voluntary Cleanup Priority Listing 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 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 IHS OPEN DUMPS Open Dumps on Indian Land EXECUTIVE SUMMARY TC5624383.2s EXECUTIVE SUMMARY 5 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 US MINES Mines Master Index File ABANDONED MINES Abandoned Mines FINDS Facility Index System/Facility Registry System DOCKET HWC Hazardous Waste Compliance Docket Listing EXECUTIVE SUMMARY TC5624383.2s EXECUTIVE SUMMARY 6 UXO Unexploded Ordnance Sites ECHO Enforcement & Compliance History Information FUELS PROGRAM EPA Fuels Program Registered Listing AIRS Air Quality Permit Listing ASBESTOS ASBESTOS COAL ASH Coal Ash Disposal Sites DRYCLEANERS Drycleaning Sites Financial Assurance Financial Assurance Information Listing NPDES NPDES Facility Location Listing UIC Underground Injection Wells Listing PCSRP Petroleum-Contaminated Soil Remediation Permits SEPT HAULERS Permitted Septage Haulers Listing CCB Coal Ash Structural Fills (CCB) Listing AOP Animal Operation Permits Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were identified in the following databases. Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. STANDARD ENVIRONMENTAL RECORDS State- and tribal - equivalent NPL NC HSDS: The Hazardous Substance Disposal Sites list contains locations of uncontrolled and unregulated hazardous waste sites. The file contains sites on the national priority list as well as the state priority list. The data source is the North Carolina Center for Geographic Information and Analysis. A review of the NC HSDS list, as provided by EDR, and dated 08/09/2011 has revealed that there is 1 EXECUTIVE SUMMARY TC5624383.2s EXECUTIVE SUMMARY 7 NC HSDS site within approximately 1 mile of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ PITT CO UTIL LDFL WSW 1/2 - 1 (0.874 mi.) 0 8 State- and tribal - equivalent CERCLIS SHWS: The State Hazardous Waste Sites records are the states’ equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. The data come from the Department of Environment & Natural Resources’ Inactive Hazardous Sites Program. A review of the SHWS list, as provided by EDR, and dated 12/10/2018 has revealed that there is 1 SHWS site within approximately 1 mile of the target property. PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____ PITT COUNTY UTILITY PORT TERMINAL RD SW 1/2 - 1 (0.784 mi.) 1 8 Facility Id: NCD980557672 EXECUTIVE SUMMARY TC5624383.2s EXECUTIVE SUMMARY 8 There were no unmapped sites in this report. 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MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list 0 NR 0 0 0 0 1.000NPL 0 NR 0 0 0 0 1.000Proposed NPL 0 NR 0 0 0 0 1.000NPL LIENS Federal Delisted NPL site list 0 NR 0 0 0 0 1.000Delisted NPL Federal CERCLIS list 0 NR NR 0 0 0 0.500FEDERAL FACILITY 0 NR NR 0 0 0 0.500SEMS Federal CERCLIS NFRAP site list 0 NR NR 0 0 0 0.500SEMS-ARCHIVE Federal RCRA CORRACTS facilities list 0 NR 0 0 0 0 1.000CORRACTS Federal RCRA non-CORRACTS TSD facilities list 0 NR NR 0 0 0 0.500RCRA-TSDF Federal RCRA generators list 0 NR NR NR 0 0 0.250RCRA-LQG 0 NR NR NR 0 0 0.250RCRA-SQG 0 NR NR NR 0 0 0.250RCRA-CESQG Federal institutional controls / engineering controls registries 0 NR NR 0 0 0 0.500LUCIS 0 NR NR 0 0 0 0.500US ENG CONTROLS 0 NR NR 0 0 0 0.500US INST CONTROL Federal ERNS list 0 NR NR NR NR NR TPERNS State- and tribal - equivalent NPL 1 NR 1 0 0 0 1.000NC HSDS State- and tribal - equivalent CERCLIS 1 NR 1 0 0 0 1.000SHWS State and tribal landfill and/or solid waste disposal site lists 0 NR NR 0 0 0 0.500SWF/LF 0 NR NR 0 0 0 0.500DEBRIS 0 NR NR 0 0 0 0.500OLI 0 NR NR 0 0 0 0.500LCID TC5624383.2s Page 4 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted State and tribal leaking storage tank lists 0 NR NR 0 0 0 0.500LAST 0 NR NR 0 0 0 0.500LUST 0 NR NR 0 0 0 0.500INDIAN LUST 0 NR NR 0 0 0 0.500LUST TRUST State and tribal registered storage tank lists 0 NR NR NR 0 0 0.250FEMA UST 0 NR NR NR 0 0 0.250UST 0 NR NR NR 0 0 0.250AST 0 NR NR NR 0 0 0.250INDIAN UST State and tribal institutional control / engineering control registries 0 NR NR 0 0 0 0.500INST CONTROL State and tribal voluntary cleanup sites 0 NR NR 0 0 0 0.500VCP 0 NR NR 0 0 0 0.500INDIAN VCP State and tribal Brownfields sites 0 NR NR 0 0 0 0.500BROWNFIELDS ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 NR NR 0 0 0 0.500US BROWNFIELDS Local Lists of Landfill / Solid Waste Disposal Sites 0 NR NR 0 0 0 0.500HIST LF 0 NR NR 0 0 0 0.500SWRCY 0 NR NR 0 0 0 0.500INDIAN ODI 0 NR NR 0 0 0 0.500ODI 0 NR NR 0 0 0 0.500DEBRIS REGION 9 0 NR NR 0 0 0 0.500IHS OPEN DUMPS Local Lists of Hazardous waste / Contaminated Sites 0 NR NR NR NR NR TPUS HIST CDL 0 NR NR NR NR NR TPUS CDL Local Land Records 0 NR NR NR NR NR TPLIENS 2 Records of Emergency Release Reports 0 NR NR NR NR NR TPHMIRS 0 NR NR NR NR NR TPSPILLS 0 NR NR 0 0 0 0.500IMD TC5624383.2s Page 5 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR NR NR NR TPSPILLS 90 0 NR NR NR NR NR TPSPILLS 80 Other Ascertainable Records 0 NR NR NR 0 0 0.250RCRA NonGen / NLR 0 NR 0 0 0 0 1.000FUDS 0 NR 0 0 0 0 1.000DOD 0 NR NR 0 0 0 0.500SCRD DRYCLEANERS 0 NR NR NR NR NR TPUS FIN ASSUR 0 NR NR NR NR NR TPEPA WATCH LIST 0 NR NR NR 0 0 0.2502020 COR ACTION 0 NR NR NR NR NR TPTSCA 0 NR NR NR NR NR TPTRIS 0 NR NR NR NR NR TPSSTS 0 NR 0 0 0 0 1.000ROD 0 NR NR NR NR NR TPRMP 0 NR NR NR NR NR TPRAATS 0 NR NR NR NR NR TPPRP 0 NR NR NR NR NR TPPADS 0 NR NR NR NR NR TPICIS 0 NR NR NR NR NR TPFTTS 0 NR NR NR NR NR TPMLTS 0 NR NR NR NR NR TPCOAL ASH DOE 0 NR NR 0 0 0 0.500COAL ASH EPA 0 NR NR NR NR NR TPPCB TRANSFORMER 0 NR NR NR NR NR TPRADINFO 0 NR NR NR NR NR TPHIST FTTS 0 NR NR NR NR NR TPDOT OPS 0 NR 0 0 0 0 1.000CONSENT 0 NR 0 0 0 0 1.000INDIAN RESERV 0 NR 0 0 0 0 1.000FUSRAP 0 NR NR 0 0 0 0.500UMTRA 0 NR NR NR NR NR TPLEAD SMELTERS 0 NR NR NR NR NR TPUS AIRS 0 NR NR NR 0 0 0.250US MINES 0 NR NR NR 0 0 0.250ABANDONED MINES 0 NR NR NR NR NR TPFINDS 0 NR NR NR NR NR TPDOCKET HWC 0 NR 0 0 0 0 1.000UXO 0 NR NR NR NR NR TPECHO 0 NR NR NR 0 0 0.250FUELS PROGRAM 0 NR NR NR NR NR TPAIRS 0 NR NR NR NR NR TPASBESTOS 0 NR NR 0 0 0 0.500COAL ASH 0 NR NR NR 0 0 0.250DRYCLEANERS 0 NR NR NR NR NR TPFinancial Assurance 0 NR NR NR NR NR TPNPDES 0 NR NR NR NR NR TPUIC 0 NR NR 0 0 0 0.500PCSRP 0 NR NR NR NR NR TPSEPT HAULERS 0 NR NR 0 0 0 0.500CCB TC5624383.2s Page 6 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR NR NR NR TPAOP EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records 0 NR 0 0 0 0 1.000EDR MGP 0 NR NR NR NR 0 0.125EDR Hist Auto 0 NR NR NR NR 0 0.125EDR Hist Cleaner EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives 0 NR NR NR NR NR TPRGA HWS 0 NR NR NR NR NR TPRGA LF 0 NR NR NR NR NR TPRGA LUST 2 0 2 0 0 0 0- Totals -- NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC5624383.2s Page 7 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation 12211.2920249Area of feature in internal units squared: 422.281919734Length of feature in internal units: 445Sites designated as superfund cleanup sites: 676099.25Y-value coordinate in feet: 2502756.5X-value coordinate in feet: 422.28198242Total perimeter in coverage units: 12211.2949219Total area in coverage units: 35 35 45.515878 77 18 31.584098Lat/Long: 980 557 672Superfund ID: FederalSite Type: HSDS: 4616 ft. 1/2-1 WSW , NC Region N/A HSDS NC HSDSPITT CO UTIL LDFL S102442544 Not reportedGeolocation Method: 35.59677 / -77.30611Lat/Longitude: NCD980557672EPAID: SHWS: 4138 ft. 0.784 mi. Relative: Higher Actual: 15 ft. 1/2-1 GREENVILLE, NC SW PORT TERMINAL RD N/A 1 SHWSPITT COUNTY UTILITY LANDFILL S111085678 TC5624383.2s Page 8 ORPHAN SUMMARYCityEDR IDSite NameSite AddressZipDatabase(s)Count: 0 records.NO SITES FOUNDTC5624383.2s Page 9 To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Number of Days to Update:Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public. STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA’s Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 18 Source: EPA Telephone: N/A Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly NPL Site Boundaries Sources: EPA’s Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 EPA Region 6 Telephone 617-918-1143 Telephone: 214-655-6659 EPA Region 3 EPA Region 7 Telephone 215-814-5418 Telephone: 913-551-7247 EPA Region 4 EPA Region 8 Telephone 404-562-8033 Telephone: 303-312-6774 EPA Region 5 EPA Region 9 Telephone 312-886-6686 Telephone: 415-947-4246 EPA Region 10 Telephone 206-553-8665 Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 18 Source: EPA Telephone: N/A Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. TC5624383.2s Page GR-1 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 10/15/1991 Date Data Arrived at EDR: 02/02/1994 Date Made Active in Reports: 03/30/1994 Number of Days to Update: 56 Source: EPA Telephone: 202-564-4267 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned Federal Delisted NPL site list Delisted NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 18 Source: EPA Telephone: N/A Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly Federal CERCLIS list FEDERAL FACILITY: Federal Facility Site Information listing A listing of National Priority List (NPL) and Base Realignment and Closure (BRAC) sites found in the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) Database where EPA Federal Facilities Restoration and Reuse Office is involved in cleanup activities. Date of Government Version: 11/07/2016 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 92 Source: Environmental Protection Agency Telephone: 703-603-8704 Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Varies SEMS: Superfund Enterprise Management System SEMS (Superfund Enterprise Management System) tracks hazardous waste sites, potentially hazardous waste sites, and remedial activities performed in support of EPA’s Superfund Program across the United States. The list was formerly know as CERCLIS, renamed to SEMS by the EPA in 2015. The list contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This dataset also contains sites which are either proposed to or on the National Priorities List (NPL) and the sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 02/06/2019 Date Data Arrived at EDR: 02/15/2019 Date Made Active in Reports: 03/15/2019 Number of Days to Update: 28 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 04/29/2019 Data Release Frequency: Quarterly Federal CERCLIS NFRAP site list SEMS-ARCHIVE: Superfund Enterprise Management System Archive TC5624383.2s Page GR-2 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING SEMS-ARCHIVE (Superfund Enterprise Management System Archive) tracks sites that have no further interest under the Federal Superfund Program based on available information. The list was formerly known as the CERCLIS-NFRAP, renamed to SEMS ARCHIVE by the EPA in 2015. EPA may perform a minimal level of assessment work at a site while it is archived if site conditions change and/or new information becomes available. Archived sites have been removed and archived from the inventory of SEMS sites. Archived status indicates that, to the best of EPA’s knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list the site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. The decision does not necessarily mean that there is no hazard associated with a given site; it only means that. based upon available information, the location is not judged to be potential NPL site. Date of Government Version: 02/06/2019 Date Data Arrived at EDR: 02/15/2019 Date Made Active in Reports: 03/15/2019 Number of Days to Update: 28 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 04/29/2019 Data Release Frequency: Quarterly Federal RCRA CORRACTS facilities list CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF: RCRA - Treatment, Storage and Disposal RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly Federal RCRA generators list RCRA-LQG: RCRA - Large Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-3 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING RCRA-SQG: RCRA - Small Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly RCRA-CESQG: RCRA - Conditionally Exempt Small Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Conditionally exempt small quantity generators (CESQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly Federal institutional controls / engineering controls registries LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version: 10/17/2018 Date Data Arrived at EDR: 10/25/2018 Date Made Active in Reports: 12/07/2018 Number of Days to Update: 43 Source: Department of the Navy Telephone: 843-820-7326 Last EDR Contact: 02/07/2019 Next Scheduled EDR Contact: 05/27/2019 Data Release Frequency: Varies US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version: 01/31/2019 Date Data Arrived at EDR: 02/04/2019 Date Made Active in Reports: 03/08/2019 Number of Days to Update: 32 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 02/04/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies US INST CONTROL: Sites with Institutional Controls A listing of sites with institutional controls in place. Institutional controls include administrative measures, such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally required as part of the institutional controls. Date of Government Version: 01/31/2019 Date Data Arrived at EDR: 02/04/2019 Date Made Active in Reports: 03/08/2019 Number of Days to Update: 32 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 02/04/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies TC5624383.2s Page GR-4 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Federal ERNS list ERNS: Emergency Response Notification System Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 02/04/2019 Date Data Arrived at EDR: 02/08/2019 Date Made Active in Reports: 03/08/2019 Number of Days to Update: 28 Source: National Response Center, United States Coast Guard Telephone: 202-267-2180 Last EDR Contact: 03/26/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly State- and tribal - equivalent NPL HSDS: Hazardous Substance Disposal Site Locations of uncontrolled and unregulated hazardous waste sites. The file includes sites on the National Priority List as well as those on the state priority list. Date of Government Version: 08/09/2011 Date Data Arrived at EDR: 11/08/2011 Date Made Active in Reports: 12/05/2011 Number of Days to Update: 27 Source: North Carolina Center for Geographic Information and Analysis Telephone: 919-754-6580 Last EDR Contact: 03/04/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Biennially State- and tribal - equivalent CERCLIS SHWS: Inactive Hazardous Sites Inventory State Hazardous Waste Sites. State hazardous waste site records are the states’ equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. Available information varies by state. Date of Government Version: 12/10/2018 Date Data Arrived at EDR: 12/12/2018 Date Made Active in Reports: 02/05/2019 Number of Days to Update: 55 Source: Department of Environment, Health and Natural Resources Telephone: 919-508-8400 Last EDR Contact: 03/13/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly State and tribal landfill and/or solid waste disposal site lists SWF/LF: List of Solid Waste Facilities Solid Waste Facilities/Landfill Sites. SWF/LF type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 10/05/2018 Date Data Arrived at EDR: 12/26/2018 Date Made Active in Reports: 02/05/2019 Number of Days to Update: 41 Source: Department of Environment and Natural Resources Telephone: 919-733-0692 Last EDR Contact: 03/29/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Varies OLI: Old Landfill Inventory Old landfill inventory location information. (Does not include no further action sites and other agency lead sites). Date of Government Version: 10/09/2018 Date Data Arrived at EDR: 01/15/2019 Date Made Active in Reports: 03/26/2019 Number of Days to Update: 70 Source: Department of Environment & Natural Resources Telephone: 919-733-4996 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies TC5624383.2s Page GR-5 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING DEBRIS: Solid Waste Active Disaster Debris Sites Listing NCDEQ Division of Waste Management Solid Waste Section Temporary Disaster Debris Staging Site (TDDSS) Locations which are available to be activated in a disaster or emergency.. Disaster Debris Sites can only be used for temporary disaster debris storage if the site’s responsible party activates the site for use by notifying the NCDEQ DWM Solid Waste Section staff during an emergency Date of Government Version: 11/28/2018 Date Data Arrived at EDR: 12/18/2018 Date Made Active in Reports: 02/05/2019 Number of Days to Update: 49 Source: Department of Environmental Quality Telephone: 919-707-8247 Last EDR Contact: 03/20/2019 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Varies LCID: Land-Clearing and Inert Debris (LCID) Landfill Notifications A list all of the Land-Clearing and Inert Debris (LCID) Landfill Notification facilities (under 2 acres in size) in North Carolina. Date of Government Version: 09/06/2018 Date Data Arrived at EDR: 01/09/2019 Date Made Active in Reports: 03/25/2019 Number of Days to Update: 75 Source: Department of Environmental Quality Telephone: 919-707-8248 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies State and tribal leaking storage tank lists LAST: Leaking Aboveground Storage Tanks A listing of leaking aboveground storage tank site locations. Date of Government Version: 02/01/2019 Date Data Arrived at EDR: 02/06/2019 Date Made Active in Reports: 03/25/2019 Number of Days to Update: 47 Source: Department of Environment & Natural Resources Telephone: 877-623-6748 Last EDR Contact: 02/06/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly LUST: Regional UST Database This database contains information obtained from the Regional Offices. It provides a more detailed explanation of current and historic activity for individual sites, as well as what was previously found in the Incident Management Database. Sites in this database with Incident Numbers are considered LUSTs. Date of Government Version: 02/01/2019 Date Data Arrived at EDR: 02/06/2019 Date Made Active in Reports: 03/25/2019 Number of Days to Update: 47 Source: Department of Environment and Natural Resources Telephone: 919-707-8200 Last EDR Contact: 02/06/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 05/08/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 4 Telephone: 404-562-8677 Last EDR Contact: 03/05/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Alaska, Idaho, Oregon and Washington. Date of Government Version: 04/12/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies TC5624383.2s Page GR-6 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Arizona, California, New Mexico and Nevada Date of Government Version: 04/10/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 415-972-3372 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. Date of Government Version: 04/25/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 8 Telephone: 303-312-6271 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version: 04/13/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 1 Telephone: 617-918-1313 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R5: Leaking Underground Storage Tanks on Indian Land Leaking underground storage tanks located on Indian Land in Michigan, Minnesota and Wisconsin. Date of Government Version: 04/12/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA, Region 5 Telephone: 312-886-7439 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in New Mexico and Oklahoma. Date of Government Version: 04/01/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 6 Telephone: 214-665-6597 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Iowa, Kansas, and Nebraska Date of Government Version: 04/24/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies LUST TRUST: State Trust Fund Database This database contains information about claims against the State Trust Funds for reimbursements for expenses incurred while remediating Leaking USTs. Date of Government Version: 01/04/2019 Date Data Arrived at EDR: 01/09/2019 Date Made Active in Reports: 03/26/2019 Number of Days to Update: 76 Source: Department of Environment and Natural Resources Telephone: 919-733-1315 Last EDR Contact: 04/10/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-7 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING State and tribal registered storage tank lists FEMA UST: Underground Storage Tank Listing A listing of all FEMA owned underground storage tanks. Date of Government Version: 05/15/2017 Date Data Arrived at EDR: 05/30/2017 Date Made Active in Reports: 10/13/2017 Number of Days to Update: 136 Source: FEMA Telephone: 202-646-5797 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies UST: Petroleum Underground Storage Tank Database Registered Underground Storage Tanks. UST’s are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) and must be registered with the state department responsible for administering the UST program. Available information varies by state program. Date of Government Version: 02/01/2019 Date Data Arrived at EDR: 02/06/2019 Date Made Active in Reports: 03/25/2019 Number of Days to Update: 47 Source: Department of Environment and Natural Resources Telephone: 919-733-1308 Last EDR Contact: 02/06/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly AST: AST Database Facilities with aboveground storage tanks that have a capacity greater than 21,000 gallons. Date of Government Version: 10/03/2018 Date Data Arrived at EDR: 12/18/2018 Date Made Active in Reports: 02/04/2019 Number of Days to Update: 48 Source: Department of Environment and Natural Resources Telephone: 919-715-6183 Last EDR Contact: 03/18/2019 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Semi-Annually INDIAN UST R1: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and ten Tribal Nations). Date of Government Version: 04/13/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA, Region 1 Telephone: 617-918-1313 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R4: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Tribal Nations) Date of Government Version: 05/08/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 4 Telephone: 404-562-9424 Last EDR Contact: 03/05/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R5: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 5 (Michigan, Minnesota and Wisconsin and Tribal Nations). Date of Government Version: 04/12/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 5 Telephone: 312-886-6136 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies TC5624383.2s Page GR-8 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING INDIAN UST R6: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 6 (Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes). Date of Government Version: 04/01/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 6 Telephone: 214-665-7591 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R10: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 10 (Alaska, Idaho, Oregon, Washington, and Tribal Nations). Date of Government Version: 04/12/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R8: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations). Date of Government Version: 04/25/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 8 Telephone: 303-312-6137 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R7: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 7 (Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations). Date of Government Version: 04/24/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies INDIAN UST R9: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 9 (Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations). Date of Government Version: 04/10/2018 Date Data Arrived at EDR: 05/18/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 63 Source: EPA Region 9 Telephone: 415-972-3368 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies State and tribal institutional control / engineering control registries INST CONTROL: No Further Action Sites With Land Use Restrictions Monitoring A land use restricted site is a property where there are limits or requirements on future use of the property due to varying levels of cleanup possible, practical, or necessary at the site. Date of Government Version: 12/10/2018 Date Data Arrived at EDR: 12/12/2018 Date Made Active in Reports: 03/06/2019 Number of Days to Update: 84 Source: Department of Environment, Health and Natural Resources Telephone: 919-508-8400 Last EDR Contact: 03/13/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-9 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING State and tribal voluntary cleanup sites VCP: Responsible Party Voluntary Action Sites Responsible Party Voluntary Action site locations. Date of Government Version: 12/10/2018 Date Data Arrived at EDR: 12/12/2018 Date Made Active in Reports: 02/05/2019 Number of Days to Update: 55 Source: Department of Environment and Natural Resources Telephone: 919-508-8400 Last EDR Contact: 03/13/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located in Region 7. Date of Government Version: 03/20/2008 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/19/2008 Number of Days to Update: 27 Source: EPA, Region 7 Telephone: 913-551-7365 Last EDR Contact: 04/20/2009 Next Scheduled EDR Contact: 07/20/2009 Data Release Frequency: Varies INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 07/27/2015 Date Data Arrived at EDR: 09/29/2015 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 142 Source: EPA, Region 1 Telephone: 617-918-1102 Last EDR Contact: 03/25/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Varies State and tribal Brownfields sites BROWNFIELDS: Brownfields Projects Inventory A brownfield site is an abandoned, idled, or underused property where the threat of environmental contamination has hindered its redevelopment. All of the sites in the inventory are working toward a brownfield agreement for cleanup and liabitliy control. Date of Government Version: 12/03/2018 Date Data Arrived at EDR: 01/03/2019 Date Made Active in Reports: 02/05/2019 Number of Days to Update: 33 Source: Department of Environment and Natural Resources Telephone: 919-733-4996 Last EDR Contact: 04/03/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS: A Listing of Brownfields Sites Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment. Assessment, Cleanup and Redevelopment Exchange System (ACRES) stores information reported by EPA Brownfields grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on Targeted Brownfields Assessments performed by EPA Regions. A listing of ACRES Brownfield sites is obtained from Cleanups in My Community. Cleanups in My Community provides information on Brownfields properties for which information is reported back to EPA, as well as areas served by Brownfields grant programs. Date of Government Version: 12/17/2018 Date Data Arrived at EDR: 12/18/2018 Date Made Active in Reports: 01/11/2019 Number of Days to Update: 24 Source: Environmental Protection Agency Telephone: 202-566-2777 Last EDR Contact: 03/19/2019 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Semi-Annually TC5624383.2s Page GR-10 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Local Lists of Landfill / Solid Waste Disposal Sites SWRCY: Recycling Center Listing A listing of recycling center locations. Date of Government Version: 01/28/2019 Date Data Arrived at EDR: 01/29/2019 Date Made Active in Reports: 03/26/2019 Number of Days to Update: 56 Source: Department of Environment & Natural Resources Telephone: 919-707-8137 Last EDR Contact: 01/28/2019 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Varies HIST LF: Solid Waste Facility Listing A listing of solid waste facilities. Date of Government Version: 11/06/2006 Date Data Arrived at EDR: 02/13/2007 Date Made Active in Reports: 03/02/2007 Number of Days to Update: 17 Source: Department of Environment & Natural Resources Telephone: 919-733-0692 Last EDR Contact: 01/19/2009 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned INDIAN ODI: Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. Date of Government Version: 12/31/1998 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 52 Source: Environmental Protection Agency Telephone: 703-308-8245 Last EDR Contact: 01/29/2019 Next Scheduled EDR Contact: 05/13/2019 Data Release Frequency: Varies ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Date of Government Version: 06/30/1985 Date Data Arrived at EDR: 08/09/2004 Date Made Active in Reports: 09/17/2004 Number of Days to Update: 39 Source: Environmental Protection Agency Telephone: 800-424-9346 Last EDR Contact: 06/09/2004 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County, California. Date of Government Version: 01/12/2009 Date Data Arrived at EDR: 05/07/2009 Date Made Active in Reports: 09/21/2009 Number of Days to Update: 137 Source: EPA, Region 9 Telephone: 415-947-4219 Last EDR Contact: 01/17/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: No Update Planned IHS OPEN DUMPS: Open Dumps on Indian Land A listing of all open dumps located on Indian Land in the United States. Date of Government Version: 04/01/2014 Date Data Arrived at EDR: 08/06/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 176 Source: Department of Health & Human Serivces, Indian Health Service Telephone: 301-443-1452 Last EDR Contact: 02/01/2019 Next Scheduled EDR Contact: 05/13/2019 Data Release Frequency: Varies Local Lists of Hazardous waste / Contaminated Sites TC5624383.2s Page GR-11 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING US HIST CDL: National Clandestine Laboratory Register A listing of clandestine drug lab locations that have been removed from the DEAs National Clandestine Laboratory Register. Date of Government Version: 09/21/2018 Date Data Arrived at EDR: 09/21/2018 Date Made Active in Reports: 11/09/2018 Number of Days to Update: 49 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 02/21/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: No Update Planned US CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 09/21/2018 Date Data Arrived at EDR: 09/21/2018 Date Made Active in Reports: 11/09/2018 Number of Days to Update: 49 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 02/21/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Quarterly Local Land Records LIENS 2: CERCLA Lien Information A Federal CERCLA (’Superfund’) lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 7 Source: Environmental Protection Agency Telephone: 202-564-6023 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Semi-Annually Records of Emergency Release Reports HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 02/08/2019 Date Data Arrived at EDR: 02/08/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 41 Source: U.S. Department of Transportation Telephone: 202-366-4555 Last EDR Contact: 03/26/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly SPILLS: Spills Incident Listing A listing spills, hazardous material releases, sanitary sewer overflows, wastewater treatment plant bypasses and upsets, citizen complaints, and any other environmental emergency calls reported to the agency. Date of Government Version: 12/12/2018 Date Data Arrived at EDR: 12/17/2018 Date Made Active in Reports: 12/18/2018 Number of Days to Update: 1 Source: Department of Environment & Natural Resources Telephone: 919-807-6308 Last EDR Contact: 04/08/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly IMD: Incident Management Database Groundwater and/or soil contamination incidents TC5624383.2s Page GR-12 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 07/21/2006 Date Data Arrived at EDR: 08/01/2006 Date Made Active in Reports: 08/23/2006 Number of Days to Update: 22 Source: Department of Environment and Natural Resources Telephone: 877-623-6748 Last EDR Contact: 07/01/2011 Next Scheduled EDR Contact: 10/17/2011 Data Release Frequency: No Update Planned SPILLS 90: SPILLS90 data from FirstSearch Spills 90 includes those spill and release records available exclusively from FirstSearch databases. Typically, they may include chemical, oil and/or hazardous substance spills recorded after 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 90. Date of Government Version: 09/27/2012 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned SPILLS 80: SPILLS80 data from FirstSearch Spills 80 includes those spill and release records available from FirstSearch databases prior to 1990. Typically, they may include chemical, oil and/or hazardous substance spills recorded before 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 80. Date of Government Version: 06/14/2001 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned Other Ascertainable Records RCRA NonGen / NLR: RCRA - Non Generators / No Longer Regulated RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non-Generators do not presently generate hazardous waste. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/28/2018 Date Made Active in Reports: 06/22/2018 Number of Days to Update: 86 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/27/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly FUDS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version: 01/31/2015 Date Data Arrived at EDR: 07/08/2015 Date Made Active in Reports: 10/13/2015 Number of Days to Update: 97 Source: U.S. Army Corps of Engineers Telephone: 202-528-4285 Last EDR Contact: 04/03/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Varies DOD: Department of Defense Sites This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 11/10/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 62 Source: USGS Telephone: 888-275-8747 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Semi-Annually TC5624383.2s Page GR-13 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land, Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management, Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 02/06/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 339 Source: U.S. Geological Survey Telephone: 888-275-8747 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: N/A SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas, Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin. Date of Government Version: 01/01/2017 Date Data Arrived at EDR: 02/03/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 615-532-8599 Last EDR Contact: 02/15/2019 Next Scheduled EDR Contact: 05/27/2019 Data Release Frequency: Varies US FIN ASSUR: Financial Assurance Information All owners and operators of facilities that treat, store, or dispose of hazardous waste are required to provide proof that they will have sufficient funds to pay for the clean up, closure, and post-closure care of their facilities. Date of Government Version: 01/31/2019 Date Data Arrived at EDR: 02/04/2019 Date Made Active in Reports: 03/08/2019 Number of Days to Update: 32 Source: Environmental Protection Agency Telephone: 202-566-1917 Last EDR Contact: 03/26/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Quarterly EPA WATCH LIST: EPA WATCH LIST EPA maintains a "Watch List" to facilitate dialogue between EPA, state and local environmental agencies on enforcement matters relating to facilities with alleged violations identified as either significant or high priority. Being on the Watch List does not mean that the facility has actually violated the law only that an investigation by EPA or a state or local environmental agency has led those organizations to allege that an unproven violation has in fact occurred. Being on the Watch List does not represent a higher level of concern regarding the alleged violations that were detected, but instead indicates cases requiring additional dialogue between EPA, state and local agencies - primarily because of the length of time the alleged violation has gone unaddressed or unresolved. Date of Government Version: 08/30/2013 Date Data Arrived at EDR: 03/21/2014 Date Made Active in Reports: 06/17/2014 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 617-520-3000 Last EDR Contact: 02/08/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly 2020 COR ACTION: 2020 Corrective Action Program List The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action Universe. This RCRA cleanup baseline includes facilities expected to need corrective action. The 2020 universe contains a wide variety of sites. Some properties are heavily contaminated while others were contaminated but have since been cleaned up. Still others have not been fully investigated yet, and may require little or no remediation. Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations. Date of Government Version: 09/30/2017 Date Data Arrived at EDR: 05/08/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 73 Source: Environmental Protection Agency Telephone: 703-308-4044 Last EDR Contact: 02/08/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Varies TC5624383.2s Page GR-14 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2016 Date Data Arrived at EDR: 06/21/2017 Date Made Active in Reports: 01/05/2018 Number of Days to Update: 198 Source: EPA Telephone: 202-260-5521 Last EDR Contact: 03/22/2019 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Every 4 Years TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12/31/2016 Date Data Arrived at EDR: 01/10/2018 Date Made Active in Reports: 01/12/2018 Number of Days to Update: 2 Source: EPA Telephone: 202-566-0250 Last EDR Contact: 02/20/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Annually SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide-producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 12/31/2009 Date Data Arrived at EDR: 12/10/2010 Date Made Active in Reports: 02/25/2011 Number of Days to Update: 77 Source: EPA Telephone: 202-564-4203 Last EDR Contact: 03/25/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Annually ROD: Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 18 Source: EPA Telephone: 703-416-0223 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Annually RMP: Risk Management Plans TC5624383.2s Page GR-15 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g the fire department) should an accident occur. Date of Government Version: 02/01/2019 Date Data Arrived at EDR: 02/14/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 35 Source: Environmental Protection Agency Telephone: 202-564-8600 Last EDR Contact: 01/22/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/1995 Date Data Arrived at EDR: 07/03/1995 Date Made Active in Reports: 08/07/1995 Number of Days to Update: 35 Source: EPA Telephone: 202-564-4104 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version: 08/13/2018 Date Data Arrived at EDR: 10/04/2018 Date Made Active in Reports: 11/09/2018 Number of Days to Update: 36 Source: EPA Telephone: 202-564-6023 Last EDR Contact: 03/14/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly PADS: PCB Activity Database System PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of PCB’s who are required to notify the EPA of such activities. Date of Government Version: 09/14/2018 Date Data Arrived at EDR: 10/11/2018 Date Made Active in Reports: 12/07/2018 Number of Days to Update: 57 Source: EPA Telephone: 202-566-0500 Last EDR Contact: 04/10/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Annually ICIS: Integrated Compliance Information System The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES) program. Date of Government Version: 11/18/2016 Date Data Arrived at EDR: 11/23/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 79 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 04/08/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-16 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right-to-Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/09/2009 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Telephone: 202-566-1667 Last EDR Contact: 08/18/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Quarterly FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements. Date of Government Version: 04/09/2009 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA Telephone: 202-566-1667 Last EDR Contact: 08/18/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: Quarterly MLTS: Material Licensing Tracking System MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 08/30/2016 Date Data Arrived at EDR: 09/08/2016 Date Made Active in Reports: 10/21/2016 Number of Days to Update: 43 Source: Nuclear Regulatory Commission Telephone: 301-415-7169 Last EDR Contact: 01/22/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Quarterly COAL ASH DOE: Steam-Electric Plant Operation Data A listing of power plants that store ash in surface ponds. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 08/07/2009 Date Made Active in Reports: 10/22/2009 Number of Days to Update: 76 Source: Department of Energy Telephone: 202-586-8719 Last EDR Contact: 03/07/2019 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Varies COAL ASH EPA: Coal Combustion Residues Surface Impoundments List A listing of coal combustion residues surface impoundments with high hazard potential ratings. Date of Government Version: 07/01/2014 Date Data Arrived at EDR: 09/10/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: N/A Last EDR Contact: 03/05/2019 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Varies PCB TRANSFORMER: PCB Transformer Registration Database The database of PCB transformer registrations that includes all PCB registration submittals. Date of Government Version: 05/24/2017 Date Data Arrived at EDR: 11/30/2017 Date Made Active in Reports: 12/15/2017 Number of Days to Update: 15 Source: Environmental Protection Agency Telephone: 202-566-0517 Last EDR Contact: 01/25/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies RADINFO: Radiation Information Database The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S. Environmental Protection Agency (EPA) regulations for radiation and radioactivity. TC5624383.2s Page GR-17 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 01/02/2019 Date Data Arrived at EDR: 01/03/2019 Date Made Active in Reports: 03/15/2019 Number of Days to Update: 71 Source: Environmental Protection Agency Telephone: 202-343-9775 Last EDR Contact: 04/02/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Quarterly HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing A complete administrative case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2007 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection & Enforcement Case Listing A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2008 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned DOT OPS: Incident and Accident Data Department of Transporation, Office of Pipeline Safety Incident and Accident data. Date of Government Version: 12/03/2018 Date Data Arrived at EDR: 01/29/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 51 Source: Department of Transporation, Office of Pipeline Safety Telephone: 202-366-4595 Last EDR Contact: 01/29/2019 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Quarterly CONSENT: Superfund (CERCLA) Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version: 12/31/2018 Date Data Arrived at EDR: 02/11/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 38 Source: Department of Justice, Consent Decree Library Telephone: Varies Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies BRS: Biennial Reporting System The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/2015 Date Data Arrived at EDR: 02/22/2017 Date Made Active in Reports: 09/28/2017 Number of Days to Update: 218 Source: EPA/NTIS Telephone: 800-424-9346 Last EDR Contact: 02/13/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Biennially TC5624383.2s Page GR-18 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Date of Government Version: 12/31/2014 Date Data Arrived at EDR: 07/14/2015 Date Made Active in Reports: 01/10/2017 Number of Days to Update: 546 Source: USGS Telephone: 202-208-3710 Last EDR Contact: 04/11/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Semi-Annually FUSRAP: Formerly Utilized Sites Remedial Action Program DOE established the Formerly Utilized Sites Remedial Action Program (FUSRAP) in 1974 to remediate sites where radioactive contamination remained from Manhattan Project and early U.S. Atomic Energy Commission (AEC) operations. Date of Government Version: 08/08/2017 Date Data Arrived at EDR: 09/11/2018 Date Made Active in Reports: 09/14/2018 Number of Days to Update: 3 Source: Department of Energy Telephone: 202-586-3559 Last EDR Contact: 01/31/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Varies UMTRA: Uranium Mill Tailings Sites Uranium ore was mined by private companies for federal government use in national defense programs. When the mills shut down, large piles of the sand-like material (mill tailings) remain after uranium has been extracted from the ore. Levels of human exposure to radioactive materials from the piles are low; however, in some cases tailings were used as construction materials before the potential health hazards of the tailings were recognized. Date of Government Version: 06/23/2017 Date Data Arrived at EDR: 10/11/2017 Date Made Active in Reports: 11/03/2017 Number of Days to Update: 23 Source: Department of Energy Telephone: 505-845-0011 Last EDR Contact: 02/22/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Varies LEAD SMELTER 1: Lead Smelter Sites A listing of former lead smelter site locations. Date of Government Version: 03/11/2019 Date Data Arrived at EDR: 03/14/2019 Date Made Active in Reports: 03/21/2019 Number of Days to Update: 7 Source: Environmental Protection Agency Telephone: 703-603-8787 Last EDR Contact: 04/05/2019 Next Scheduled EDR Contact: 07/15/2019 Data Release Frequency: Varies LEAD SMELTER 2: Lead Smelter Sites A list of several hundred sites in the U.S. where secondary lead smelting was done from 1931and 1964. These sites may pose a threat to public health through ingestion or inhalation of contaminated soil or dust Date of Government Version: 04/05/2001 Date Data Arrived at EDR: 10/27/2010 Date Made Active in Reports: 12/02/2010 Number of Days to Update: 36 Source: American Journal of Public Health Telephone: 703-305-6451 Last EDR Contact: 12/02/2009 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned US AIRS (AFS): Aerometric Information Retrieval System Facility Subsystem (AFS) The database is a sub-system of Aerometric Information Retrieval System (AIRS). AFS contains compliance data on air pollution point sources regulated by the U.S. EPA and/or state and local air regulatory agencies. This information comes from source reports by various stationary sources of air pollution, such as electric power plants, steel mills, factories, and universities, and provides information about the air pollutants they produce. Action, air program, air program pollutant, and general level plant data. It is used to track emissions and compliance data from industrial plants. TC5624383.2s Page GR-19 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 Source: EPA Telephone: 202-564-2496 Last EDR Contact: 09/26/2017 Next Scheduled EDR Contact: 01/08/2018 Data Release Frequency: Annually US AIRS MINOR: Air Facility System Data A listing of minor source facilities. Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 Source: EPA Telephone: 202-564-2496 Last EDR Contact: 09/26/2017 Next Scheduled EDR Contact: 01/08/2018 Data Release Frequency: Annually US MINES: Mines Master Index File Contains all mine identification numbers issued for mines active or opened since 1971. The data also includes violation information. Date of Government Version: 11/27/2018 Date Data Arrived at EDR: 02/27/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 33 Source: Department of Labor, Mine Safety and Health Administration Telephone: 303-231-5959 Last EDR Contact: 02/27/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Semi-Annually US MINES 2: Ferrous and Nonferrous Metal Mines Database Listing This map layer includes ferrous (ferrous metal mines are facilities that extract ferrous metals, such as iron ore or molybdenum) and nonferrous (Nonferrous metal mines are facilities that extract nonferrous metals, such as gold, silver, copper, zinc, and lead) metal mines in the United States. Date of Government Version: 12/05/2005 Date Data Arrived at EDR: 02/29/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 49 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 03/01/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies US MINES 3: Active Mines & Mineral Plants Database Listing Active Mines and Mineral Processing Plant operations for commodities monitored by the Minerals Information Team of the USGS. Date of Government Version: 04/14/2011 Date Data Arrived at EDR: 06/08/2011 Date Made Active in Reports: 09/13/2011 Number of Days to Update: 97 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 03/01/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies ABANDONED MINES: Abandoned Mines An inventory of land and water impacted by past mining (primarily coal mining) is maintained by OSMRE to provide information needed to implement the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The inventory contains information on the location, type, and extent of AML impacts, as well as, information on the cost associated with the reclamation of those problems. The inventory is based upon field surveys by State, Tribal, and OSMRE program officials. It is dynamic to the extent that it is modified as new problems are identified and existing problems are reclaimed. Date of Government Version: 09/10/2018 Date Data Arrived at EDR: 09/11/2018 Date Made Active in Reports: 09/14/2018 Number of Days to Update: 3 Source: Department of Interior Telephone: 202-208-2609 Last EDR Contact: 03/21/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Quarterly TC5624383.2s Page GR-20 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING FINDS: Facility Index System/Facility Registry System Facility Index System. FINDS contains both facility information and ’pointers’ to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C-DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 02/15/2019 Date Data Arrived at EDR: 03/05/2019 Date Made Active in Reports: 03/15/2019 Number of Days to Update: 10 Source: EPA Telephone: (404) 562-9900 Last EDR Contact: 03/05/2019 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Quarterly ECHO: Enforcement & Compliance History Information ECHO provides integrated compliance and enforcement information for about 800,000 regulated facilities nationwide. Date of Government Version: 03/03/2019 Date Data Arrived at EDR: 03/05/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 27 Source: Environmental Protection Agency Telephone: 202-564-2280 Last EDR Contact: 04/09/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Quarterly UXO: Unexploded Ordnance Sites A listing of unexploded ordnance site locations Date of Government Version: 12/31/2017 Date Data Arrived at EDR: 01/17/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 74 Source: Department of Defense Telephone: 703-704-1564 Last EDR Contact: 04/15/2019 Next Scheduled EDR Contact: 07/29/2019 Data Release Frequency: Varies DOCKET HWC: Hazardous Waste Compliance Docket Listing A complete list of the Federal Agency Hazardous Waste Compliance Docket Facilities. Date of Government Version: 05/31/2018 Date Data Arrived at EDR: 07/26/2018 Date Made Active in Reports: 10/05/2018 Number of Days to Update: 71 Source: Environmental Protection Agency Telephone: 202-564-0527 Last EDR Contact: 03/01/2019 Next Scheduled EDR Contact: 06/10/2019 Data Release Frequency: Varies FUELS PROGRAM: EPA Fuels Program Registered Listing This listing includes facilities that are registered under the Part 80 (Code of Federal Regulations) EPA Fuels Programs. All companies now are required to submit new and updated registrations. Date of Government Version: 02/19/2019 Date Data Arrived at EDR: 02/21/2019 Date Made Active in Reports: 04/01/2019 Number of Days to Update: 39 Source: EPA Telephone: 800-385-6164 Last EDR Contact: 02/21/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Quarterly AIRS: Air Quality Permit Listing A listing of facilities with air quality permits. Date of Government Version: 12/10/2018 Date Data Arrived at EDR: 12/12/2018 Date Made Active in Reports: 02/04/2019 Number of Days to Update: 54 Source: Department of Environmental Quality Telephone: 919-707-8726 Last EDR Contact: 03/13/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Varies TC5624383.2s Page GR-21 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING ASBESTOS: ASBESTOS Asbestos notification sites Date of Government Version: 01/31/2019 Date Data Arrived at EDR: 02/08/2019 Date Made Active in Reports: 03/25/2019 Number of Days to Update: 45 Source: Department of Health & Human Services Telephone: 919-707-5973 Last EDR Contact: 02/04/2019 Next Scheduled EDR Contact: 05/06/2019 Data Release Frequency: Varies COAL ASH: Coal Ash Disposal Sites A listing of coal combustion products distribution permits issued by the Division for the treatment, storage, transportation, use and disposal of coal combustion products. Date of Government Version: 09/06/2018 Date Data Arrived at EDR: 09/19/2018 Date Made Active in Reports: 10/15/2018 Number of Days to Update: 26 Source: Department of Environment & Natural Resources Telephone: 919-807-6359 Last EDR Contact: 02/25/2019 Next Scheduled EDR Contact: 05/13/2019 Data Release Frequency: Varies DRYCLEANERS: Drycleaning Sites Potential and known drycleaning sites, active and abandoned, that the Drycleaning Solvent Cleanup Program has knowledge of and entered into this database. Date of Government Version: 04/23/2018 Date Data Arrived at EDR: 06/20/2018 Date Made Active in Reports: 07/25/2018 Number of Days to Update: 35 Source: Department of Environment & Natural Resources Telephone: 919-508-8400 Last EDR Contact: 03/20/2019 Next Scheduled EDR Contact: 07/01/2019 Data Release Frequency: Varies Financial Assurance 1: Financial Assurance Information Listing A listing of financial assurance information for underground storage tank facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post-closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 11/02/2018 Date Data Arrived at EDR: 11/07/2018 Date Made Active in Reports: 11/19/2018 Number of Days to Update: 12 Source: Department of Environment & Natural Resources Telephone: 919-733-1322 Last EDR Contact: 02/06/2019 Next Scheduled EDR Contact: 05/20/2019 Data Release Frequency: Quarterly Financial Assurance 2: Financial Assurance Information Listing Information for solid waste facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post-closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 10/02/2012 Date Data Arrived at EDR: 10/03/2012 Date Made Active in Reports: 10/26/2012 Number of Days to Update: 23 Source: Department of Environmental & Natural Resources Telephone: 919-508-8496 Last EDR Contact: 03/25/2019 Next Scheduled EDR Contact: 07/08/2019 Data Release Frequency: Varies Financial Assurance 3: Financial Assurance Information Hazardous waste financial assurance information. Date of Government Version: 06/11/2018 Date Data Arrived at EDR: 06/12/2018 Date Made Active in Reports: 07/25/2018 Number of Days to Update: 43 Source: Department of Environment & Natural Resources Telephone: 919-707-8222 Last EDR Contact: 03/11/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Varies TC5624383.2s Page GR-22 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING NPDES: NPDES Facility Location Listing General information regarding NPDES(National Pollutant Discharge Elimination System) permits. Date of Government Version: 01/03/2019 Date Data Arrived at EDR: 01/30/2019 Date Made Active in Reports: 03/27/2019 Number of Days to Update: 56 Source: Department of Environment & Natural Resources Telephone: 919-733-7015 Last EDR Contact: 01/30/2019 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Varies UIC: Underground Injection Wells Listing A listing of uncerground injection wells locations. Date of Government Version: 12/07/2018 Date Data Arrived at EDR: 12/11/2018 Date Made Active in Reports: 02/05/2019 Number of Days to Update: 56 Source: Department of Environment & Natural Resources Telephone: 919-807-6412 Last EDR Contact: 03/04/2019 Next Scheduled EDR Contact: 06/17/2019 Data Release Frequency: Quarterly SEPT HAULERS: Permitted Septage Haulers Listing This list of all active and permitted Septage Land Application Site (SLAS) and Septage Detention and Treatment Facility (SDTF) sites in North Carolina. The purpose of this map is to provide the public and government entities a visual overview of the businesses that manage septage and septage facilities throughout the state. Date of Government Version: 07/23/2018 Date Data Arrived at EDR: 10/19/2018 Date Made Active in Reports: 01/04/2019 Number of Days to Update: 77 Source: Department of Environmental Quality Telephone: 919-707-8248 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies CCB: Coal Ash Structural Fills (CCB) Listing These are not permitted Coal Ash landfills A list all of the now closed Coal Ash Structural Fills (CCB) in North Carolina, in point data form. The purpose is to provide the public and other government entities a visual overview of coal ash structural fills throughout the state and increase public awareness of their current locations. Date of Government Version: 09/06/2018 Date Data Arrived at EDR: 01/09/2019 Date Made Active in Reports: 03/25/2019 Number of Days to Update: 75 Source: Department of Environmental Quality Telephone: 919-707-8248 Last EDR Contact: 04/22/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies AOP: Animal Operation Permits Listing This listing includes animal operations that are required to be permitted by the state. Date of Government Version: 01/26/2018 Date Data Arrived at EDR: 03/09/2018 Date Made Active in Reports: 06/07/2018 Number of Days to Update: 90 Source: Department of Environmental Quality Telephone: 919-707-9129 Last EDR Contact: 03/15/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Varies PCSRP: Petroleum-Contaminated Soil Remediation Permits To treat petroleum-contaminated soil in order to protect North Carolinaa??s environment and the health of the citizens of North Carolina. Date of Government Version: 01/08/2019 Date Data Arrived at EDR: 01/09/2019 Date Made Active in Reports: 03/26/2019 Number of Days to Update: 76 Source: Department of Environmental Quality Telephone: 919-707-8248 Last EDR Contact: 04/12/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Varies TC5624383.2s Page GR-23 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP: EDR Proprietary Manufactured Gas Plants The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants (manufactured gas plants) compiled by EDR’s researchers. Manufactured gas sites were used in the United States from the 1800’s to 1950’s to produce a gas that could be distributed and used as fuel. These plants used whale oil, rosin, coal, or a mixture of coal, oil, and water that also produced a significant amount of waste. Many of the byproducts of the gas production, such as coal tar (oily waste containing volatile and non-volatile chemicals), sludges, oils and other compounds are potentially hazardous to human health and the environment. The byproduct from this process was frequently disposed of directly at the plant site and can remain or spread slowly, serving as a continuous source of soil and groundwater contamination. Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned EDR Hist Auto: EDR Exclusive Historical Auto Stations EDR has searched selected national collections of business directories and has collected listings of potential gas station/filling station/service station sites that were available to EDR researchers. EDR’s review was limited to those categories of sources that might, in EDR’s opinion, include gas station/filling station/service station establishments. The categories reviewed included, but were not limited to gas, gas station, gasoline station, filling station, auto, automobile repair, auto service station, service station, etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR’s HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR Hist Cleaner: EDR Exclusive Historical Cleaners EDR has searched selected national collections of business directories and has collected listings of potential dry cleaner sites that were available to EDR researchers. EDR’s review was limited to those categories of sources that might, in EDR’s opinion, include dry cleaning establishments. The categories reviewed included, but were not limited to dry cleaners, cleaners, laundry, laundromat, cleaning/laundry, wash & dry etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR’s HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: EDR, Inc. Telephone: N/A Last EDR Contact: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS: Recovered Government Archive State Hazardous Waste Facilities List The EDR Recovered Government Archive State Hazardous Waste database provides a list of SHWS incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. TC5624383.2s Page GR-24 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: N/A Date Data Arrived at EDR: 07/01/2013 Date Made Active in Reports: 12/24/2013 Number of Days to Update: 176 Source: Department of Environment, Health and Natural Resources Telephone: N/A Last EDR Contact: 06/01/2012 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LF: Recovered Government Archive Solid Waste Facilities List The EDR Recovered Government Archive Landfill database provides a list of landfills derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Date Data Arrived at EDR: 07/01/2013 Date Made Active in Reports: 01/13/2014 Number of Days to Update: 196 Source: Department of Environment, Health and Natural Resources Telephone: N/A Last EDR Contact: 06/01/2012 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LUST: Recovered Government Archive Leaking Underground Storage Tank The EDR Recovered Government Archive Leaking Underground Storage Tank database provides a list of LUST incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Date Data Arrived at EDR: 07/01/2013 Date Made Active in Reports: 12/20/2013 Number of Days to Update: 172 Source: Department of Environment, Health and Natural Resources Telephone: N/A Last EDR Contact: 06/01/2012 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies OTHER DATABASE(S) Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. CT MANIFEST: Hazardous Waste Manifest Data Facility and manifest data. Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a tsd facility. Date of Government Version: 02/11/2019 Date Data Arrived at EDR: 02/12/2019 Date Made Active in Reports: 03/04/2019 Number of Days to Update: 20 Source: Department of Energy & Environmental Protection Telephone: 860-424-3375 Last EDR Contact: 02/12/2019 Next Scheduled EDR Contact: 05/27/2019 Data Release Frequency: No Update Planned NJ MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2017 Date Data Arrived at EDR: 07/13/2018 Date Made Active in Reports: 08/01/2018 Number of Days to Update: 19 Source: Department of Environmental Protection Telephone: N/A Last EDR Contact: 04/10/2019 Next Scheduled EDR Contact: 07/22/2019 Data Release Frequency: Annually NY MANIFEST: Facility and Manifest Data Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD facility. TC5624383.2s Page GR-25 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 01/01/2019 Date Data Arrived at EDR: 01/30/2019 Date Made Active in Reports: 02/14/2019 Number of Days to Update: 15 Source: Department of Environmental Conservation Telephone: 518-402-8651 Last EDR Contact: 01/30/2019 Next Scheduled EDR Contact: 05/11/2019 Data Release Frequency: Quarterly PA MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2017 Date Data Arrived at EDR: 10/23/2018 Date Made Active in Reports: 11/27/2018 Number of Days to Update: 35 Source: Department of Environmental Protection Telephone: 717-783-8990 Last EDR Contact: 04/15/2019 Next Scheduled EDR Contact: 07/29/2019 Data Release Frequency: Annually RI MANIFEST: Manifest information Hazardous waste manifest information Date of Government Version: 12/31/2017 Date Data Arrived at EDR: 02/23/2018 Date Made Active in Reports: 04/09/2018 Number of Days to Update: 45 Source: Department of Environmental Management Telephone: 401-222-2797 Last EDR Contact: 02/19/2019 Next Scheduled EDR Contact: 06/03/2019 Data Release Frequency: Annually WI MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2017 Date Data Arrived at EDR: 06/15/2018 Date Made Active in Reports: 07/09/2018 Number of Days to Update: 24 Source: Department of Natural Resources Telephone: N/A Last EDR Contact: 03/11/2019 Next Scheduled EDR Contact: 06/24/2019 Data Release Frequency: Annually Oil/Gas Pipelines Source: PennWell Corporation Petroleum Bundle (Crude Oil, Refined Products, Petrochemicals, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)) N = Natural Gas Bundle (Natural Gas, Gas Liquids (LPG/NGL), and Specialty Gases (Miscellaneous)). This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell. Electric Power Transmission Line Data Source: PennWell Corporation This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell. Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located. AHA Hospitals: Source: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association’s annual survey of hospitals. Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410-786-3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services, a federal agency within the U.S. Department of Health and Human Services. Nursing Homes Source: National Institutes of Health Telephone: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. TC5624383.2s Page GR-26 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics’ primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. Private Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics’ primary database on private school locations in the United States. Daycare Centers: Child Care Facility List Source: Department of Health & Human Services Telephone: 919-662-4499 Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015 NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service. State Wetlands Data: Wetland Inventory Source: US Fish & Wildlife Service Telephone: 703-358-2171 Current USGS 7.5 Minute Topographic Map Source: U.S. Geological Survey STREET AND ADDRESS INFORMATION © 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC5624383.2s Page GR-27 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING TC5624383.2s Page A-1 geologic strata. of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics 2. Groundwater flow velocity. 1. Groundwater flow direction, and Assessment of the impact of contaminant migration generally has two principle investigative components: forming an opinion about the impact of potential contaminant migration. EDR’s GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in 2013Version Date: 5944944 GREENVILLE SE, NCTarget Property Map: USGS TOPOGRAPHIC MAP 12 ft. above sea levelElevation: 3942170.5UTM Y (Meters): 292132.0UTM X (Meters): Zone 18Universal Tranverse Mercator: 77.294681 - 77˚ 17’ 40.85’’Longitude (West): 35.603261 - 35˚ 36’ 11.74’’Latitude (North): TARGET PROPERTY COORDINATES GREENVILLE, NC 27834 2242 SUNNY SIDE ROAD GREENVILLE UTILITY TARGET PROPERTY ADDRESS ®GEOCHECK - PHYSICAL SETTING SOURCE ADDENDUM® TC5624383.2s Page A-2 should be field verified. on a relative (not an absolute) basis. Relative elevation information between sites of close proximity Source: Topography has been determined from the USGS 7.5’ Digital Elevation Model and should be evaluated SURROUNDING TOPOGRAPHY: ELEVATION PROFILES Elevation (ft)Elevation (ft)TP TP 0 1/2 1 Miles✩Target Property Elevation: 12 ft. North South West East2525296371214121215131418131815183512141511131313121312107108964General SSEGeneral Topographic Gradient: TARGET PROPERTY TOPOGRAPHY should contamination exist on the target property, what downgradient sites might be impacted. assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to TOPOGRAPHIC INFORMATION collected on nearby properties, and regional groundwater flow information (from deep aquifers). sources of information, such as surface topographic information, hydrologic information, hydrogeologic data using site-specific well data. If such data is not reasonably ascertainable, it may be necessary to rely on other Groundwater flow direction for a particular site is best determined by a qualified environmental professional GROUNDWATER FLOW DIRECTION INFORMATION ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC5624383.2s Page A-3 Not Reported GENERAL DIRECTIONLOCATION GROUNDWATER FLOWFROM TPMAP ID hydrogeologically, and the depth to water table. authorities at select sites and has extracted the date of the report, groundwater flow direction as determined flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater AQUIFLOW® Search Radius: 1.000 Mile. contamination exist on the target property, what downgradient sites might be impacted. environmental professional in forming an opinion about the impact of nearby contaminated properties or, should of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator HYDROGEOLOGIC INFORMATION YES - refer to the Overview Map and Detail MapGREENVILLE SE NATIONAL WETLAND INVENTORY NWI Electronic Data CoverageNWI Quad at Target Property FEMA FIRM Flood data3720561700J FEMA FIRM Flood data3720560800K Additional Panels in search area:FEMA Source Type FEMA FIRM Flood data3720560700J Flood Plain Panel at Target Property FEMA Source Type FEMA FLOOD ZONE and bodies of water). Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways contamination exist on the target property, what downgradient sites might be impacted. the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist HYDROLOGIC INFORMATION ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC5624383.2s Page A-4 > 60 inchesDepth to Bedrock Max: > 60 inchesDepth to Bedrock Min: LOW Corrosion Potential - Uncoated Steel: Hydric Status: Soil does not meet the requirements for a hydric soil. low water holding capacity. Depth to water table is more than 6 feet. Excessively. Soils have very high and high hydraulic conductivity andSoil Drainage Class: excessively drained sands and gravels. Class A - High infiltration rates. Soils are deep, well drained toHydrologic Group: fine sandSoil Surface Texture: ALPIN Soil Component Name: The following information is based on Soil Conservation Service STATSGO data. in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps. for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information The U.S. Department of Agriculture’s (USDA) Soil Conservation Service (SCS) leads the National Cooperative Soil DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY Map, USGS Digital Data Series DDS - 11 (1994). of the Conterminous U.S. at 1:2,500,000 Scale - a digital representation of the 1974 P.B. King and H.M. Beikman Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology ROCK STRATIGRAPHIC UNIT GEOLOGIC AGE IDENTIFICATION Stratified SequenceCategory:MesozoicEra: CretaceousSystem: Navarro GroupSeries: uK4Code: (decoded above as Era, System & Series) at which contaminant migration may be occurring. Geologic information can be used by the environmental professional in forming an opinion about the relative speed GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY move more quickly through sandy-gravelly types of soils than silty-clayey types of soils. characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional GROUNDWATER FLOW VELOCITY INFORMATION ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC5624383.2s Page A-5 sandy clay loam loamy sand stratified sandy loam sandDeeper Soil Types: sandy loam loamShallow Soil Types: loamy sand fine sandy loam loam loamy fine sandSurficial Soil Types: loamy sand fine sandy loam loam loamy fine sandSoil Surface Textures: appear within the general area of target property. Based on Soil Conservation Service STATSGO data, the following additional subordinant soil types may OTHER SOIL TYPES IN AREA Min: 4.50 Max: 6.50 Min: 2.00 Max: 6.00 Silty Sand. Sands with fines, SOILS, Sands, COARSE-GRAINED sand. Poorly graded Clean Sands, SOILS, Sands, COARSE-GRAINED and Sand. Clayey Gravel 200), Silty, or passing No. pct. or less materials (35 Granularfine sand99 inches54 inches 3 Min: 4.50 Max: 6.50 Min: 6.00 Max: 20.00 Silty Sand. Sands with fines, SOILS, Sands, COARSE-GRAINED sand. Poorly graded Clean Sands, SOILS, Sands, COARSE-GRAINED Sand. 200), Fine passing No. pct. or less materials (35 Granularfine sand54 inches 3 inches 2 Min: 4.50 Max: 6.50 Min: 2.00 Max: 6.00 Silty Sand. Sands with fines, SOILS, Sands, COARSE-GRAINED sand. Poorly graded Clean Sands, SOILS, Sands, COARSE-GRAINED Sand. 200), Fine passing No. pct. or less materials (35 Granularfine sand 3 inches 0 inches 1 Soil Layer Information Boundary Classification Permeability Rate (in/hr) Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Soil Reaction (pH) ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® TC5624383.2s Page A-6 OTHER STATE DATABASE INFORMATION No Wells Found STATE DATABASE WELL INFORMATION LOCATION FROM TPWELL IDMAP ID Note: PWS System location is not always the same as well location. No PWS System Found FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION FROM TPWELL IDMAP ID No Wells Found FEDERAL USGS WELL INFORMATION LOCATION FROM TPWELL IDMAP ID 1.000State Database Nearest PWS within 1 mileFederal FRDS PWS 1.000Federal USGS WELL SEARCH DISTANCE INFORMATION SEARCH DISTANCE (miles)DATABASE opinion about the impact of contaminant migration on nearby drinking water wells. professional in assessing sources that may impact ground water flow direction, and in forming an EDR Local/Regional Water Agency records provide water well information to assist the environmental LOCAL / REGIONAL WATER AGENCY RECORDS ®GEOCHECK - PHYSICAL SETTING SOURCE SUMMARY® EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc. 4 0 4 0 4 0 40 40 40NC TC5624383.2s Page A-8 NC10003336Edr id:3336Site id: BSig:Not ReportedQuality type: LOWER TAR RIVER AQUATIC HABITATSitename:2082.38Acres: NC10003336NC_SNHA NC50021855Edr id: 23349Gisid:EEostat: SPrecision1:IElclass: NC50021855NC_NHEO NC50013690Edr id: 23349Gisid:EEostat: SPrecision1:IElclass: NC50013690NC_NHEO NC50005049Edr id: 1442136Gisid:HEostat: SPrecision1:AElclass: NC50005049NC_NHEO Map ID Direction Distance EDR ID NumberDatabase ®GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS® TC5624383.2s Page A-9 0%100%0%4.100 pCi/LBasement Not ReportedNot ReportedNot ReportedNot ReportedLiving Area - 2nd Floor 0%0%100%0.125 pCi/LLiving Area - 1st Floor % >20 pCi/L% 4-20 pCi/L% <4 pCi/LAverage ActivityArea Number of sites tested: 8 Federal Area Radon Information for PITT COUNTY, NC : Zone 3 indoor average level < 2 pCi/L. : Zone 2 indoor average level >= 2 pCi/L and <= 4 pCi/L. Note: Zone 1 indoor average level > 4 pCi/L. Federal EPA Radon Zone for PITT County: 3 AREA RADON INFORMATION GEOCHECK - PHYSICAL SETTING SOURCE MAP FINDINGS RADON ® TOPOGRAPHIC INFORMATION USGS 7.5’ Digital Elevation Model (DEM) Source: United States Geologic Survey EDR acquired the USGS 7.5’ Digital Elevation Model in 2002 and updated it in 2006. The 7.5 minute DEM corresponds to the USGS 1:24,000- and 1:25,000-scale topographic quadrangle maps. The DEM provides elevation data with consistent elevation units and projection. Current USGS 7.5 Minute Topographic Map Source: U.S. Geological Survey HYDROLOGIC INFORMATION Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100-year and 500-year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL. Source: FEMA Telephone: 877-336-2627 Date of Government Version: 2003, 2015 NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service. State Wetlands Data: Wetland Inventory Source: US Fish & Wildlife Service Telephone: 703-358-2171 HYDROGEOLOGIC INFORMATION AQUIFLOW Information SystemR Source: EDR proprietary database of groundwater flow information EDR has developed the AQUIFLOW Information System (AIS) to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted to regulatory authorities at select sites and has extracted the date of the report, hydrogeologically determined groundwater flow direction and depth to water table information. GEOLOGIC INFORMATION Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - A digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994). STATSGO: State Soil Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) The U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) leads the national Conservation Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps. SSURGO: Soil Survey Geographic Database Source: Department of Agriculture, Natural Resources Conservation Service (NRCS) Telephone: 800-672-5559 SSURGO is the most detailed level of mapping done by the Natural Resources Conservation Service, mapping scales generally range from 1:12,000 to 1:63,360. Field mapping methods using national standards are used to construct the soil maps in the Soil Survey Geographic (SSURGO) database. SSURGO digitizing duplicates the original soil survey maps. This level of mapping is designed for use by landowners, townships and county natural resource planning and management. TC5624383.2s Page PSGR-1 PHYSICAL SETTING SOURCE RECORDS SEARCHED LOCAL / REGIONAL WATER AGENCY RECORDS FEDERAL WATER WELLS PWS: Public Water Systems Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at least 25 people for at least 60 days annually. PWSs provide water from wells, rivers and other sources. PWS ENF: Public Water Systems Violation and Enforcement Data Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System (SDWIS) after August 1995. Prior to August 1995, the data came from the Federal Reporting Data System (FRDS). USGS Water Wells: USGS National Water Inventory System (NWIS) This database contains descriptive information on sites where the USGS collects or has collected data on surface water and/or groundwater. The groundwater data includes information on wells, springs, and other sources of groundwater. STATE RECORDS North Carolina Public Water Supply Wells Source: Department of Environmental Health Telephone: 919-715-3243 OTHER STATE DATABASE INFORMATION North Carolina Wildlife Resources/Game Lands Source: Center for Geographic Information and Analysis Telephone: 919-733-2090 All publicly owned game lands managed by the North Carolina Wildlife Resources Commission and as listed in Hunting and Fishing Maps. NC Natural Heritage Sites: Natural Heritage Element Occurrence Sites Source: Natural Heritage Occurrence Sites Center for Geographic Information and Analysis Telephone: 919-733-2090 A point coverage identifying locations of rare and endangered species, occurrences of exemplary or unique natural ecosystems (terrestrial or aquatic), and special animal habitats (e.g., colonial waterbird nesting sites). NC Natural Areas: Significant Natural Heritage Areas Source: Center for Geographic Information and Analysis Telephone: 919-733-2090 A polygon converage identifying sites (terrestrial or aquatic) that have particular biodiversity significance. A site’s significance may be due to the presenceof rare species, rare or high quality natural communities, or other important ecological features. RADON State Database: NC Radon Source: Department of Environment & Natural Resources Telephone: 919-733-4984 Radon Statistical and Non Statiscal Data Area Radon Information Source: USGS Telephone: 703-356-4020 The National Radon Database has been developed by the U.S. Environmental Protection Agency (USEPA) and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey. The study covers the years 1986 - 1992. Where necessary data has been supplemented by information collected at private sources such as universities and research institutions. TC5624383.2s Page PSGR-2 PHYSICAL SETTING SOURCE RECORDS SEARCHED EPA Radon Zones Source: EPA Telephone: 703-356-4020 Sections 307 & 309 of IRAA directed EPA to list and identify areas of U.S. with the potential for elevated indoor radon levels. OTHER Airport Landing Facilities: Private and public use landing facilities Source: Federal Aviation Administration, 800-457-6656 Epicenters: World earthquake epicenters, Richter 5 or greater Source: Department of Commerce, National Oceanic and Atmospheric Administration Earthquake Fault Lines: The fault lines displayed on EDR’s Topographic map are digitized quaternary faultlines, prepared in 1975 by the United State Geological Survey STREET AND ADDRESS INFORMATION © 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material. TC5624383.2s Page PSGR-3 PHYSICAL SETTING SOURCE RECORDS SEARCHED GUC Bank Parcel Development Plan Appendices Appendix E: Permitting References &D&ůŽŽĚ/ŶƐƵƌĂŶĐĞZĂƚĞDĂƉŽĨE͕WĂŶĞůϱϲϬϳ:͕ϱϲϬϴ<͕ĂŶĚϱϲϭϳ: USACE Nationwide Permits 13, Bank Stabilization, and 40, Agricultural Activities NC Sedimentation Pollution Control Act of 1973 STATE OF NORTH CAROLINA FIRM PANEL LOCATOR DIAGRAM EDGECCM6E [k1~, ^�3;1V MA3T1N 4VILSQN'\ tj nl A bK �� � '1 GREENE I I LENOIR .f CRAVEN ,4, — o DATUM INFORMATION The projection used in the preparation of this map was the North Carolina State Plane (FIPSZONE 3200). The horizontal datum was the North American Datum of 1983, GRS80 ellipsoid. Differences in datum, ellipsoid, projection, or Universal Transverse Mercator zones used in the production of FIRMS for adjacent jurisdictions may result in slight positional differences in map features across jurisdictional boundaries. These differences do not affect the accuracy of this FIRM. All coordinates on this map are in U.S. Survey Feet, where 1 U.S. Surrey Foot = 1200/3937 Meters. Flood elevations on this map are referenced to the North American Vertical Datum of 1988 (NAVD 88). These flood elevations must be compared to structure and ground elevations referenced to the same vertical datum. An average offset between NAVD 88 and the National Geodetic Vertical Datum of 1929 (NGVD 29) has been computed for each North Carolina county. This offset was then applied to the NGVD 29 flood elevations that were not revised during the creation of this statewide format FIRM. The offsets for each county shown on this FIRM panel are shown in the vertical datum offset table below. Where a county boundary and a flooding source with unrevised NGVD 29 flood elevations are coincident, an individual offset has been calculated and applied during the creation of this statewide format FIRM. See Section 6.1 of the accompanying Flood Insurance Study report to obtain further information on the conversion of elevations between NAVD 88 and NGVD 29. To obtain current elevation, description, and/or location information for bench marks shown on this map, please contact the North Carolina Geodetic Survey at the address shown below. You may also contact the Information Services Branch of the National Geodetic Survey at (341) 713-3242, or visit their website at vwvw.ngs.noaa.gov. North Carolina Geodetic Survey County Average Vertical Datum Offset Table 121 West Jones Street County Vertical Datum Offset {ft) Raleigh, NC 27601 Pitt -1.15 (919) 733-3836 www.ncos.state.nc.us Example: NAVD 88 = NGVD 29 + (-1.15) All streams listed in the Flood Hazard Data Table below were studied by detailed methods using field survey. Other flood hazard data shown on this map may have been derived using either a coastal analysis or limited detailed riverine analysis, More information on the flooding sources studied by these analyses is contained in the Flood Insurance Study report. v x v hEr,4r; ;; 0UilF'EFi?, I 1116 1 EGHNIG AL ?AFi I NEH This digital Flood Insurance Rate Map (FIRM) was produced through a unique cooperative partnership between the State of North Carolina and the Federal Emergency Management Agency (FEMA). The State of North Carolina has implemented a long term approach of floodplain management to decrease the costs associated with flooding. This is demonstrated by the State's com- mitment to map floodplain areas at the local level. As a part of this effort, the State of North Carolina has joined in a Cooperating Technical State agreement with FEMA to produce and maintain this digital FIRM. www.ncfloodmaps.com 2 501 580 000 FEI 35° 36'0{ 3942 wo M 35° 35'3( 3941 Ow M 672 500 FEI 35° 35'a( 3940 °w M 670 000 FEI 2 501 77' 19'00" 77-18-30" JOINS PANEL 5W8 77a 1fl"tlfl"" 77° 17-10" 2 510 000 FEET 77° 19'00" This map is for use in administering the National Flood Insurance Program. It does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size. The community map repository should be consulted for possible updated or additional flood hazard information. To obtain more detailed information in areas where Base Flood ElevationsBFEs ( ) and/or floodways have been determined, users are encouraged to consult the Flood Profiles, Floodway Data and/or Summary of Stillwater Elevations tables contained within the Flood Insurance Study (FIS) report that accompanies this FIRM. Users should be aware that BFEs shown on the FIRM represent rounded whole -foot elevations, These BFEs are intended for flood insurance rating purposes only and should not be used as the sole source of flood elevation information. Accordingly, flood elevation data presented in the FIS report should be utilized in conjunction with the FIRM for purposes of construction and/or floodplain management. Boundaries of the floodways were computed at cross sections and interpolated between cross sections. The floodways were based on hydraulic considerations with regard to requirements of the National Flood Insurance Program. Floodway widths and other pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions. 77° 18'30" Certain areas not in Special Flood Hazard Areas may be protected by flood control structures. Refer to Section 4.4 "Flood Protection Measures" of the Flood Insurance Study 1 report far information an flood control structures in the jurisdictions. p Base map information and geospatial data used to develop this FIRM were obtained from various organizations, including the participating local community(ies), state and federal agencies, and/or other sources. The primary base for this FIRM is aerial imagery acquired as part of the National Digital Orthophoto Program. The time period of collection for the imagery is 1998-1999. Information and geospatial data supplied by the local community(ies) that met FEMA base map specifications were considered the preferred source for development of the base map. See geospatial metadata for the associated digital FIRM for additional information about base map preparation. Base map features shown on this map, such as corporate limits, are based on the most up-to-date data available at the time of publication. Changes in the corporate limits may have occurred since this map was published. Map users should consult the appropriate community official or website to verify current conditions of jurisdictional boundaries and base map features. 77° 18'00" 77117'30" This map reflects more detailed and up-to-date stream channel configurations than those shown on the previous FIRM for this jurisdiction. The floodplains and floodways that were transferred from the previous FIRM may have been adjusted to conform to Profiles n these new stream channel configurations. As a result the Flood Pro es a d Floodway Y Data tables in the f=lood Insurance Study ort hydraulic re which contains authoritative h R ( Y data) may reflect stream channel distances that differ from what is shown on this map. Please refer to the separately printed Map Index for an overview map of the county showing the layout of map panels; community map repository addresses and a Listing of Communities table containing National Flood Insurance Program dates for each community as well as a listing of the panels on which each is located. If you have questions about this map, or questions concerning the National Flood Insurance Program 1n general, please call 1 -877-FEMA MAP (1-877-336-2627) or visit the FEMA website at www.fema.gov. An accompanying Flood Insurance Study report, Letter of Map Revision (LOMB) or Letter of Map Amendment (LOMA) revising portions of this panel, and digital versions of this FIRM may be available. Visit the North Carolina Floodplain Mapping Program website at vvww.ncfloodmaps. com, or contact the FEMA Map Service Center at 1-804-358-9616 for information on all related products associated with this FIRM. The FEMA Map Service Center may also be reached by Fax at 1-800-358-9620 and their website at www.fema.gov/msc. 30 000 FEET 3942 Ow M 5136,001, LEGEND SPECIAL FLOOD HAZARD AREAS (SFHAs) SUB)ECT TO INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD The 1 % annual chance flood (100 -year flood), also known as the base flood, is the flood that has a I% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base Flood Elevation is the water -surface elevation of the 1% annual chance flood. ZONE A No Base Flood Elevations determined. ZONE AE Base Flood Elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood Elevations determined. ZONE AO Flood depths of 7 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined. ZONE AR Special Flood Hazard Area formerly protected from the 1% annual chance flood by a flood control system that was subsequently decertified. zone AR indicates that the former flood control system is being restored to provide protection from the 1% annual chance or greater flood. ZONE A99 Area to be protected from 1 % annual chance flood by a Federal flood protection system under construction; no Base Flood Elevations determined. ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined. 0 FLOODWAY AREAS IN ZONE AE The floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without substantial increases in flood heights. OTHER FLOOD AREAS ZONE X Areas of 0,2% annual chance flood; areas of 1"/ annual chance flood with average depths of less than 1 foot or with drainage areas less than 7 square mile; and areas protected by levees from 1 % annual chance flood. 77 5170 FEET OTHER AREAS ZONE X Areas determined to he outside the 0.2 % annual chance floodplain. ZONE D Areas in which flood hazards are undetermined, but possible. COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS OTHERWISE PROTECTED AREAS (OPAs) CBRS areas and OPAs are normally located within or adjacent to Special Flood Hazard Areas. 1% annual chance floodplain boundary 0.2% annual chance floodplain boundary — — — — Floodway boundary - - Zone D Boundary •••••••••••••••«.... CBRS and ORA boundary Boundary dividing Special Flood Hazard Areas of different Base Flood Elevations, flood depths or flood velocities. 513 Base Flood Elevation line and value; elevation in feet* (EL 987) Base Flood Elevation value where uniform within zone; elevation in feet* *Referenced to the North American Vertical Datum of 1988 a1s Cross section line i 23 - - - - - - 23 Transect line i Geographic coordinates referenced to the North American I 97°0T' 30". 32'22'30" Datum of 1983 (NAD 83) 4278000v 1000 -meter Universal Transverse Mercator grid ticks, zone 18 1 1 477 500 FEET 2500 -foot grid values: North Carolina State Plane coordinate system (FiPSZONE 3200, State Plane MAD 83 feet) ' BM5510 North Carolina Geodetic Survey bench mark (see explanation X in the Datum Information section of this FIRM panel). BM5510 National Geodetic Survey bench mark (see explanation in the Datum Information section of this FIRM panel), • M1.5 River Mile 5135'30" 3941 w M GRID NORTH MAP SCALE 1" = 500' (1 6,000) 250 0 500 1000 FEET METERS 150 0 Iso San 5° 35'00" � PANEL 5607 J 3940 70 000 FEET FFFT MAP REPOSITORY Refer to listing of Map Repositories on Map Index or visit www.ncfloodmaps.com. EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL JANUARY 2, 2DC4 EFFECTIVE DATES) OF REVISION(S)TO THIS PANEL For community tymaP revision histo ry Pricer to statewide mapping, refer to the Community Map History table located in the Flood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your insurance agent, the North Carolina Division of Emergency Management or the National Flood Insurance Program at the following phone numbers or websites: NC Division of Emergency Management National Flood Insurance Program (919) 715-8000 www.nfip.ncem.org 1-800-638-6620 www.fema.govinfip FIRM FLOOD INSURANCE RATE MAP NORTH CAROLINA PANEL 5607 (SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM PANEL LAYOUT) COMMUNITY NUMBER PANEL SUFFIX GREENVILLE, CITY OF 370191 5807 J PITT COUNTY 370372 5807 J Notice to User. The Map Number shown below should be used when placing map orders; the Community Number showr above should be used or, insurance applications for the subject community. EFFECTIVE DATE MAP NUMBER JANUARY 2, 2004 3720560700) J `srnrry;� 'Y M q State of North Carolina Federal Emergency 1"vianagement Agency STATE OF NORTH CAROLINA FIRM 'PANEL LOCATOR DIAGRAM j N :..1 B _ � ) aIXRTIE I y 7,-";, �1%, EDGEC©MBE I, *%,� r r r MARTIN _ 1. - �'4 \ , woo �J , �% , WILSON 4 " tK tK <0 y ++�' �,-. ;, sof _.--.'y Vb 1`"� �(- 6�e' A��� Q +� �'I, '.. w. f —, 1 nl ,h1 n1 l �1 1 1 .�� , 1 _' 116 ` „e: �� ` a`D y�e°' 101` ,, • � C�°, .iF, .L� 45� 1tt'` fix �� i"�' ,,,6a ,-Ik' �$' �_} ►gam;: `I.� . roe' a`°� +y t*�� {+`�� �i :; BEAU FORT 0 hyo Pf9 tri �r ", r I GREENE L 010101' 011110"�'PVI ��� 1�V� P L "- `b o- t. j is � " ,b a���$��� �� QC! 4(NE A a, f� ) 0.1 1 \1 41, 01 0 1�3 40 � %L / I � *r"- (01 I e Ni, %%1. i-, LENQIR � re �, CRAVEN ' -, I,J` I % - DATUM INFORMATION The projection used in the preparation of this map was the North Carolina State Plane (FIPSZONE 3200). The horizontal datum was the North American Datum of 1983, GRS80 ellipsoid. Differences in datum, ellipsoid, projection, or Universal Transverse Mercator zones used in the production of FIRMS for adjacent jurisdictions may result in slight positional differences in map features across jurisdictional boundaries. These differences do not affect the accuracy of this FIRM. All coordinates on this map are in U.S. Survey Feet, where 1 U.S. Survey Foot = 1200/3937 Meters. Flood elevations on this map are referenced to the North American Vertical Datum of 1988 (NAVD 88). These flood elevations must be compared to structure and ground elevations referenced to the same vertical datum- An average offset between NAVD 88 and the National Geodetic Vertical Datum of 1929 (NGVD 29) has been computed for each North Carolina county. This offset was then applied to the NGVD 29 flood elevations that were not revised during the creation of this statewide format FIRM. The offsets for each county shown on this FIRM panel are shown in the vertical datum offset table below. Where a county boundary and a flooding source with unrevised NGVD 29 flood elevations are coincident, an individual offset has been calculated and applied during the creation of this statewide format FIRM. See Section 6.1 of the accompanying Flood Insurance Study report to obtain further information on the conversion of elevations between NAVD 88 and NGVD 29. To obtain current elevation, description, and/or location information for bench marks shown on this map, please contact the North Carolina Geodetic Survey at the address shown below. You may also contact the Information Services Branch of the National Geodetic Survey at (301) 713-3242, or visit its website at htto:l/www.ncs,noaa.aov, North Carolina Geodetic Survey County Average Vertical Datum Offset Table 121 West Jones Street County vertical Datum Offset (it) Raleigh, NC 27601 PITT -1.15 (919) 733-3836 http://www.ncgs.state.nc.us Example: NAVE) 88 = NGVD 29 + (-1.15y All streams listed in the Flood Hazard Data Table below were studied by detailed methods using field survey. Other flood hazard data shown on this map may have been derived using either a coastal analysis or limited detailed Riverine analysis. More information on the flooding sources studied by these analyses is contained in the Flood Insurance Study report. FLOOD HAZARD DATA TABLE Floodw ay Width (feet] Left/Right Distance From the Center of Stream to 751 044 4,428' 1 % Annual Chance Cross Stream Flood (100 -year) Encroachment Boundary Section Station Discharge (cfs) Water -Surface Elevation (Looking Downstream) or 9,0011 350 097 (feet NAVD 68) Total Floodw ay Width BALDWIN SWAMP 032 3,2231 751 044 4,428' 701 055 1 5,5291 701 066 6,6491 701 077 7,6741 701 090 9,0011 350 097 9,7041 350 109 � 10,8881 350 129 12,938' 350 134 13,392' 350 145 14,540 350 17.03 17.03 17.03 17.03 17.03 17.2 17.2 17.3 18.9 18.9 19.4 13/325 150 1 300 360 f 126 242 /218 68 1 287 200 1 260 170 /250 801150 35 1 111 97 1 113 147 1 68 BALDWIN SWAMP NORTH TRIBUTARY 017 1, 7151 430 13,6171 20.2 33 / 57 025 2,5311 430 16,3711 20.2 58 1 202 038 3,7881 430 18,624' 20.2 87 /401 045 4,5171 430 20,5751 20.3 169 1 551 053 1 5,264 430 11 22,618 20.3 1 1241516 MOYES RUN -CANNON SWAMP 26,1621 924 125 12,5011 1,952 136 13,6171 1,788 152 15,2021 1,547 164 16,3711 1,269 177 I 17,6941 1,269 185 18,624' 1,269 195 19,4921 1,269 206 20,5751 1,060 215 21,5221 11060 226 22,618 1,060 245 24,4691 1,060 262 26,1621 924 274 1 27,428' 1 924 288 1 28,8121 1 924 17.04 17.04 17, 04 17.04 17.04 17.04 17.4 18.1 18.6 18.9 19.8 20.0 20.2 20.9 11 186 /24 121 1 19 222 1 33 35 1 135 85164 94 1 24 109124 219124 187124 439 1 31 3101162 401 /489 256 /233 136 1 174 TAR RIVER 616 61,6172 53,100 16.$ 4,411 1120 I Feet above mouth 2 Feet above mouth/ County Line 3 Elevation includes backwater effects from Moyes Run -Cannon Swamp 4 Elevation includes backwater effects from Tar River STA7£w � TART - � IE` 3 �o� G 4` - I%— �-EA'SCOPERATIG t ECHNICALPARTN �, xa F This digital Flood Insurance Rate Map (FIRM) was produced through a unique cooperative partnership between the State of North Carolina and the Federal Emergency Management Agency (FEMA). The State of North Carolina has implemented a long term approach of floodplain management to decrease the costs associated with flooding. This is demonstrated by the State's commitment to map floodplain areas at the local level. As a part of this effort, the state of North Carolina has joined in a Cooperating Technical State agreement with FEMA to produce and maintain this digital FIRM. www.ncfloodmaps.com FLOODING EFFECTS FROM GRINDLE CREEK\ 2 500 000 FEET 2911000 r" 700 000 FEET ,9 _ ZONE AE (EL 27( - . - '1 410RF r, f 1. hl - 3948°0D ``4f x 35"39'04' 39470°0 _ 77`18.001• 2926'''' I I l l I n 1/ N >CC=u} .,' Y N .I a 4 CARLOS DR w r, (SR 1621): - -v,. I - � �' POssuw. cn7. 11 I Z®NE DARCOLE LN GENTLE BREEZE W,�I]fR I . amo . _.. _- MASON SCHOOL RD (SR 1541) 2 515 000 FEET 29300° M 294000"' 295000 m 296000 a+ 2 520 000 FEET 77°17'00" JOINS PANEL 5700 77'1 6'00" 77015'00" ZONE ass ' ^" r 700 000 FEET .485, �'_* 4. y�5' �,'; �_ i r; X ZONE X 21 27 ZONE X f.. _ ��`.i r c', sos V Nrrnlirrl 12rrn - y21 f ' 1� i4- 01 ! i.1. N ` -". �� • �- - 440. /"`" I•/Y ** 425; N 4 ZONE AE _/,"/z'/ 515'j' - 7.+ M.. ? i *� 'F •`J • ---��- ---- �--- _ ZOME A1r, 11 1 w , i --- C,r'rrrrlle (rce,�. . i - - • 475 . "',�,, �,;. - f ,V CV .. - ,� YYr • h, . 11 Is t 461 ? al p e.- _+ CGL T a1 ": '--�_ r, • 1 fir' f-; p rs a . _ - � ev - - �i - 11r. y - 0,PONDEROSALN.4_ 't� ----../ "Vol"'�, . W_ _ - l'itl C:out1ty `i - F ASHLEY _ . I --•.•. . 'R * � ' m WILKES 1 a. ° S)- �� c- . X , I `� Z - 0: J SCA 3LETT e �� a . OHARA RD , - O . I / -- . 1 � z _~ Lu ZONEX ,,.i. U � .. r ' a - ,�, ") I - / �_c • _mss' o* ' f 1. S 41 ��y _ � I. oc i, , :r;r T f , , I � -1 Im ' 0, �Ift- ' ¢1 Am x, I r � I .. . P, 21 695 000 FEET - N _ ,"� Unincorp''o�r�ated AFC,IS1. ! "M __ _ ��5 370372 _711 `C AMANCq Tri � -- -- C7- _. ' NICOLE CT HC]DGES � $ (o f z 1. C� / LN ' 11 I J O fi Y "I' ' ,�f�+ r Lu m r-'31, ZONE X --_ — - a � 1 _ Ori r 1. :t1ov s Rnn-Can;1rrtl,Sis•amla �. R. rs. z I �' _#. _ 'Rmos I U ,1 rr 4 ; 0 I .� - - 2aa / RAMS CT ! o RAMS HORN'IZD (SR 1537) .- 0 + ORN `' fC1 r;., 'K 1` !' ._. 1 _ CFI,: LN y*+:: r� VIOLET LN- / f p O N y u ISR ' ' � � CV .JESSE LN `ELENDER DR � , Y Z D z 1537) ��. -_ i U 3946°°0""- M t •274` `. oiclE of Es LN J ZONE X4, ZONE X ,%, '/ LP 1 ZONE X - - ZONE X :. . - 262; N - <2 5 6� I --. I v it . . _ r Y .,-�----_v_ ^ C) ;+ ZONE X r ) - `� r � — � f 35°38Y70" .. ,..� +' (206 M. - -.�� IRRR /j1M_CS:_llrerr (crrrrrr rr .ti', ur r , c I 35°38'00" 4�_ . * , --/ , ZONE X a' 11. 7 `�,. \ 1$0 If, LO .i //- 4 9-5;Z NE X .G i , � I 1 - "� - tiJ < 1. ZONE X r 17 11 O ZONE ZONE X---- . _ .. --- I _'� � t'�.,. ,ss i ZONE AE OREanti LN - :, - _— -- --- — 4." - -- ZONE AE - / ZONE X- - r�� I , f�l �-=_- - J�, 1 '� . ;` ) 177 i ZONE I I- ,2 . PrrO re Rv �_ i r r - ---\- __ _�f X ;4 ,. t' , • ' , h� ZONE X . ' • • • . ,� __ � ' . ,v � « ,. `` �,; -� . 045. ',038• ZONE X - - r r . ' t, , . ' ` � `�.,_ X164 • 2 iw- ZONE X •r� ` , > �c%"----�"• , , ' . �� ' , ' . ` . ' . ' . �� '-• \ ` ]7 r 394500°x. ZONEX i ? . . . "` 017 11�,• '� , , .•, .. *' ,��`� �' © Private � i'ZONE X P, , , , . \.- - t - , 'ZONE X; 'ZONE X. 'f i Su �r1iIJ . fir. ° . -� `+' - _�_ . , l .- . �` City of [ireenWille i j3,,;, „ __ _- - ` - -�� i--�-=�w . , ' + , 1 - I - Rd' go ,,�,r� o t ZONE x • ' zDN,x . _ _ 370191 } ; '- — 3945°°0 . ' . � ..., zsa _ —� zs4 ZONE X OLD PACTOUJS RD ,'? 1 ;-,a LIMIT OFA � i) ZONE X _, ZONE X •�`_� 1s2 las FLOODIIVAY« F rr: are F'd ' , , • "j' .. » . , . . • "_�^.:';' - .i - "4* L CROSSOVER .I" _ z � ,� 17 I + 17 - ZONE X 1=74234 a ). `' , ZONE X - ^ r— 17 i . - - 1)0 1. , - [r{ �- ,; cn , . . , . . .ZONE AE • . � , - - - i . . _ '264 111 �' '1� - 126 Ilk .. -ZONE X 13a1�1+, , . ZONE X; , �',�,ZONE X -- ZONE X� 050 . r S1rcr7j71� .T Farrr7 Rd ' • E `jf , - , _ , . ZONE X ZONE Xr ZONE AE Farm" 7 , • - - -- C , ZONE X - ___� . 'E 097 ' f?d '1 ' -�„� . w^. % 066 �,� , , ,` ZONE N E X • . ( 109 ZONE X . . --� . . ' --_,. ZONE X --�_._ _.' I '.- � . '_3 ( _ . ZONE•: - ,..+ rT ' PFarm Rd • �, X LIMIT OF sis_ �. , '134; • . ZONE X 077 l �LooDnJAY . . . ZONEX- • f, �� _ _ -- - - , % f/ , ZONE x f;�,, �� �, Farm f 17 • , __ /� • , ... , . + . , . Rd : rr.. A 685 000 FEET ia5 'pc�, ,t y �_ P ' , ' ,r, , \ ZONE X E. f. /'._� ��-4 .. ZONE X Farm Rd. . , � �� • . . .. . - .3944 13crlclxi°irt .Stt ctr11/x -- _ - � - � - ' - TI �ZON E X • . .I 680; 1.. _* . `J 19 a, RICK cIR ZONE � - e �� �;J `- ,� . _ { 'oss: ( • , wig . a . • • . • -, `° ZONE X . . - ,, ZONE _AE \ \ � .t ZONE - X k. ZONE X •� . , , . -. AE � �, r . Z} -x044 • , - •• . . . . . . , . l 4 ' r , _ i yy � 1r, 4097,A 1 , _' y „gPlaO� , � C� 1147 • - ., �—, � h � Zt]NE A,• . t.. . , . , _. . [�] 1 ['.�� Il'rrr7"( ;N;Irrrrl .Sli' "� 3944 ,. . . . . . . . . . . . . t, r��---- -- - , �rf�-� N , - , ----- -- -- sus - ZONE X ZONE X . . .. .. . . .. .. .q. _�_.� 35°37'00" L 1 Q :`129 ' r, 17 17 ' ' � 4 . , . . , • . . , . , , , , , , . LL • 7 ' - - `9 , . r ' 19 r` ,'� i g ZONE AE ZONE X - -_,_ , .. ..... , .. D. , , Q ZON E X - s- �; .�' , • ,�. F . 4 :r . . . . . . . . � .`.l! , .. . . .. � -` T . ; City of Greenville ZONE X tENNfE � GJ,'��6r tel:` ZONE X/ ZONE X • , , � , . �, .. .1 . - -., . . . . . x .•'' , , . . . . . . . . LN ZONE.( . . , .. ..... , ... , �. a a a `� Z NE X _ ZC}NE , D .. .. .0. I! Extraterritorial Jurisdiction -, _ PA_C17�O_LU5 RD w O X ' ``'. : . s . t !1► Y.• :s y� . . . . ( {SS —5534) -t77 \ s . • qr � � , , . Z , _ ' i .'+; 'T. . . , ,.§ . � . . f ' 1, 370191 i�_�= I .. - 6.*-��. : . . . . . . . . . .. SANTREE ST `'� , t � • . . . . . . . . r-,. ° . d .4 . , . .,]. �t . . , ^` fZIVA .».,. r,, ;�.r�. i s ZONE X- ZONE X !�� I ..1 �. ��. l,,. . #.•t}a� .r-- CASTLE DR ;F V t TONE AE '. "�. . . , 1 A I �.F,'. y_t1�1�: . �� QS . ,) . . • r' 7f �. A!_!-' ; .y- ..Ik. �• o , . . . .%. . . . . . , >� �/" ., ,. ZONE X r. ' c� '"' .� �`' . y ' . ; ' ,; __ ZONE X .. . .I�;.: � t1, 'r ; •z�, ". ; A •.j . , .... ..... <.. a ZONE X� ' J "n. _ R- fir:. � - ,.� _ - ZONE X { . � �.,, .. Z[)N�.�C . . , :,: � ...... ....� � , Cit of Greenville11�27 Cita of ( li l I1G'ills ZONE x .. r''} ; ... , .... y City o zvNE X .. , , , t ' '' . . . . Sfiv F - -ZONE X` - ; r _ 94 _ 1()1 ) 1 c� ,. ZONE X . . ., F .- 1' €+ ;t,i*,r y,v*�. '�' -'� r 37[]191 er,: _ - LONGLEA� DR ... ' {IV r ZONE X .. » .. . . . . . ZONE X. ..: ... , ... ... . *ZiNE=X r .. .. .. . . �.f .. ... ZONE AE . . .. . . . . . . . . . , . ....... .. r' Z �..._ AE^=��s ZO, c+, .............. ......... .... 0100 3943 .: • A,- a .1 - .1¢ i suNNY 540E RD [�� i CD . , . I11 ., /' R R1VI;R v 1�1111y i . Fal. n i Y . ° � IVA' FAIFFWANA�J For � FAr � � � �FA A W1,11f 1 JOINS PANEL . .. City o , 680 Oa0 FEET11 } 77°18110" 680 000 FEET 77°19710" y f Greenville 291' 5607 19 j 77 1800' 2s2�010A, 1' Cit of Greenville, 293000^^ 71°1700' 29400Gm JOINS PANEL 5617 29500M 296000"^ 2 500 000 FEET Extraterritorial Jurisdiction SIDE y 370191 2 505 000 FEET AJ6042 3�]{} 191 2 520 000 FEET NOTES TO USERS This map is for use in administering the National Flood Insurance Program. It does not necessarily Certain areas not in Special Flood Hazard Areas may be protected by flood control structures, Study report (which contains authoritative hydraulic data) may reflect stream channel distances MAP REPOSITORY identify all areas subject to flooding, particularly from local drainage sources of small size. The Refer to Section 4,4 "Flood Protection Measures" of the Flood Insurance Study report for that differ from what Is shown on this map_ Refer to listing of Map Repositories on Map Index or visit http11www.ncfloodmaps.com_ community map repository should be consulted for possible updated or additional flood hazard information on flood control structures in this jurisdiction_ information. Please refer to the separately printed Map Index for an overview map of the county showing the EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL Base ma' Information and geospatial data used to develop this FIRM were obtained from various layout of ma panels, community ma repository addresses and a Listing of Communities table p g p P Y pp Y p p ry � 9 To obtain more detailed information in areas where Base Flood Elevations BFEs and/or organizations, including the participating local communit ies state and federal agencies, and/or containing National Flood Insurance Program dates for each community as well as a listing of the (BFEs) 9 9 P P 9 Y{ ), 9 � 9 9 Y 9 JANUARY 2, 2004 floodwa s have been determined users are encouraged to consult the Flood Profiles Floodway other sources. The rima base for this FIRM is aerial imagery acquired b Pitt County. The time panels on which each community is located. Y g � Y primary g rY G Y Y p Y Data, Limited Detailed Flood Hazard Data, and/or Summary of Stillwater Elevations tables period of collection for the Pitt imagery is 2005. Information and geospatial data supplied by the EFFECTIVE DATI=(S) OF REVISIONS) TO THIS PANEL contained within the Flood Insurance Study (FIS) report that accompanies this FIRM_ Users should local community(ies) that met FEMA base map specifications were considered the preferred source If you have questions about this map, or questions concerning the National Flood Insurance be aware that BFEs shown on the FIRM represent rounded whole -foot elevations. These BFEs for development of the base map. See geospatial metadata for the associated digital FIRM for Program in general, please call the FEMA Map Information eXchange (FMIS) at 1 - 877 - FEMA JULY 7, 20141 are intended for flood insurance rating purposes only and should not be used as the sole source of additional information about base map preparation. MAP (1-877-336-2627) or visit the FEMA website at htip:l/www.fema.-gov/business/nfip. flood elevation information. Accordingly, flood elevation data presented in the FIS report should be utilized in conjunction with the FIRM for purposes of construction and/or floodplain management. Base map features shown on this map, such as corporate limits, are based on the most up -to- An accompanying Flood Insurance Study report, Letter of Map Revision (LOMB) or Letter of Map date data available at the time of publication. Changes in the corporate limits may have Amendment (LOMA) revising portions of this panel, and digital versions of this FIRM may be Boundaries of regulatory floodwa s shown on the FIRM for flooding sources studied b detailed occurred since this ma was published. Ma users should consult theappropriate comrnurnt evadable. Visit the North Carolina Floodplain Mapping Program website at g rY Y g Y p p pY p pp g g Updated flood hazards to reflect seamless statewide mapping i i r htti)://www.ncfloodmai)s.com, methods were computed at cross sections and interpolated between crass sections, The official or website to verify current conditions of jurisdictional boundaries and base ma features. htto. lwww.nc laodmaps.cam or the FEMA Ma Service Center website at p p Y I p p n' i f m i r T r I r 11 r r I For community ma revision history riot to statewide mapping, refer to the Community Ma Histo table located n floodwa s were based on hydraulic ccnslde atlons with regard to requirements of the National his map may contain Dads that were not considered m the hydraulic Ic anal sls of streams where htti)://www.msc.fema.gov for information on all related educts associated with this FIRM. Yg q p Y Y Y p Y p rY P pP 9� Y p History Flood Insurance Program. Floodway widths and other pertinent floodway data for flooding sources no new hydraulic model was created during the production of this statewide format FIRM. the Flood Insurance Study report for this jurisdiction. studied by detailed methods as well as non -encroachment widths for flooding sources studied by To determine if flood insurance is available in this community, contact your insurance agent, the North Carolina limited detailed methods are provided in the Flood Insurance Study (FIS) report for this jurisdiction. This map reflects more detailed and up-to-date stream channel configurations than those shown Division of Emergency Management or the National Flood Insurance Program at the following phone numbers or The FIS report also provides instructions for determining a floodway using non -encroachment on the previous FIRM for this jurisdiction. The floodplains and floodways that were transferred websites: widths for flooding sources studied by limited detailed methods. from the previous FIRM may have been adjusted to conform to these new stream channel NC Division of Emergency Management National Flood Insurance Program configurations. As a result, the Flood Profiles and Floodway Data tables in the Flood Insurance (919) 715-8000 http://www.nccrimecontrol.orgtnfip 1-800-838-6820 http:Ilwww.fema.gov/business/nfip LEGEND SPECIAL FLOOD HAZARD AREAS (SFHA5) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD EVENT The 1% annual chance flood (100 -year flood), also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base Flood Elevation is the water -surface elevation of the 1% annual chance flood. ZONE A No Base Flood Elevation determined. ZONE AE Base Flood Elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood Elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined. ZONE AR Special Flood Hazard Area formerly protected from the 1% annual chance flood by a flood control system that was subsequently decertified. Zone AR indicates that the former flood control system is ging restored to provide protection from the 1% annual chance or greater flood. ZONE A99 Areas to be protected from 1% annual chance flood by a Federal flood protection system under construction; no Base Flood Elevations determined. ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined. FLOODWAY AREAS IN ZONE AE The floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without substantial increases in flood heights. OTHER FLOOD AREAS ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. OTHER AREAS ZONE X Areas determined to be outside the 0.2% annual chance floodplain. ZONE D Areas in which flood hazards are undetermined, but possible. COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS e` OTHERWISE PROTECTED AREAS (OPAs) CBRS areas and UPAS are normally located within or adjacent to Special Flood Hazard Areas. 1% annual chance floodplain boundary 0.2% annual chance Floodplain boundary Floodway boundary Zone D boundary rrrrrr►►rrrrrrrrrrrrr CBRS and OPA boundary Boundary dividing Special Flood Hazard Area Zones and boundary , ` 4 dividing Special Flood Hazard Areas of different Base Flood Elevations, flood depths or flood velocities. — 513— Base Flood Elevation line and value; elevation in feet* (EL 987) Base Flood Elevation value where uniform within zone; elevation in feet* * Referenced to the North American Vertical Datum of 1988 oiz Cross section line 33 -------- 23 Transect line 97.07'30•, 32°22'30" Geographic coordinates referenced to the North American Datum of 1983 (NAD 83) 427500 rn 2000 -meter Universal Transverse Mercator grid ticks, zone 18 1 477 500 FEET 5000 -foot grid values: North Carolina State Plane coordinate system (FIPSZONE 3200, State Plane NAD 83 feet) BM5510 North Carolina Geodetic Survey bench mark (for more information X visit h1o.//www.ncgsstate-nc. s) BM5510National Geodetic Survey bench mark (for more information visit 0 http://www.nos.noaa.(iov) NGS -58 GPS 2-5 cm vertical Control Marks or Contractor -Established BM5510 NCFMP Bench Marks (for more information visit http://www.ng;gs.state.nc.us) 0 M1.5 River Mile �gl ISI GRID NORTH MAP SCALE 1" = 1,000' (1 : 12,000) 500 0 500 1,000 11500 2,040 FEET METERS 300 0 308 Soo I HF J [P PANEL 5608K FLOOD INSURANCE RATE MAP NORTH {CAROLINA PANEL 5608 (SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM PANEL LAYOUT) CONTAINS: COMMUNITY CID No. PANEL SUFFIX GREENVILLE, CITY OF 370191 5608 K PITT COUNTY 370372 5808 K Notice to User: The Map Number shown below should be used when placing map orders: the Community Number shown above should be used on insurance applications for the subject community. MAP REVISED MAP NUMBER JULY 79 2014 3720560800K d ^ VAR T Y _ 1 y � ot, • ,. 4 v • F _,ma, `4ND 5 State of North Carolina Federal Emergency Management Agency _) STATE OF NORTH CAROLiNA FIRM PANEL LOCATOR DIAGRAM CRAVEN .y DATUM INFORMATION The projection used in the preparation of this map was the North Carolina State Plane (FIPSZONE 3200). The horizontal datum was the North American Datum of 1983, GRS80 ellipsoid. Differences in datum, ellipsoid, projection, or Universal Transverse Mercator zones used in the production of FIRMS for adjacent jurisdictions may result in slight positional differences in map features across jurisdictional boundaries. These differences do not affect the accuracy of this FIRM. All coordinates on this map are in U.S. Survey Feet, where 1 U.S. Survey Foot = 1200/3937 Meters. Flood elevations on this map are referenced to the North American Vertical Datum of 1988 (NAVD 88). These flood elevations must be compared to structure and ground elevations referenced to the same vertical datum. An average offset between NAVD 88 and the National Geodetic Vertical Datum of 1929 (NGVD 29) has been computed for each North Carolina county. This offset was then applied to the NGVD 29 flood elevations that were not revised during the creation of this statewide format FIRM. The offsets for each county shown on this FIRM panel are shown in the vertical datum offset table below. Where a county boundary and a flooding source with unrevised NGVD 29 flood elevations are coincident, an individual offset has been calculated and applied during the creation of this statewide format FIRM. See Section 6.1 of the accompanying Flood Insurance Study report to obtain further information on the conversion of elevations between NAVD 88 and NGVD 29. To obtain current elevation, description, and/or location information for bench marks shown on this map, please contact the North Carolina Geodetic Survey at the address shown below. You may also contact the Information Services Branch of the National Geodetic Survey at (301) 713-3242, or visit their website at www.ngs.naaa.gov. North Carolina Geodetic Survey County Average Vertical Datum Offset Table 121 West Jones Street County Vertical Datum offset ift) Raleigh, NC 27601 Pitt -1.15 (919) 733-3836 www.ncgs.state.nc.us Example.' NAVD 88 = NGVD 29 + (-1.15) All streams listed in the Flood Hazard Data Table below were studied by detailed methods using field survey. Other flood hazard data shown on this map may have been derived using either a coastal analysis or limited detailed riverine analysis. More information on the flooding sources studied by these analyses is contained in the Flood Insurance Study report. LU Floodway Width (feet) FLOOD HAZARD DATA TABLE NOTES TO Ft7GF.COV3F- Certain areas not in Special Flood Hazard Areas may be protected by flood control ( structures. Refer to Section 4.4 "Flood Protection Measures- of the Flood Insurance PJA1T°N Study report for information on flood control structures in the jurisdictions. 1 % Annual Chance Cross Stream Flood Discharge (100 -year) Encroachment Boundary Section Station' 4Afi •t_.719 (Looking Downstream) or imagery is 1998-1999. Information and geospatiai data supplied by the local community(ies) �`�� 1� that met FEMA base map specifications were considered the preferred source for d,-\ �i 1`1 � n �� ty��`� for additional information about base map preparation. 616 61,617 53,100 16.8 4,411 /120 'Feet above County boundary W _.:CN FEMA website at www.fema.gov. limits may have occurred since this map was published. Map users should consult the appropriate community official or website to verify current conditions of An accompanying Flood Insurance Study report, Letter of Map Revision (LOMB) or Letter jurisdictional boundaries and base map features. of Map Amendment (LOMA) revising portions of this panel, and digital versions of this CONTAINS: FiRM may be available. Visit the North Carolina Floodplain Mapping Program website at www.rcfloodmaps.com, or contact the FEMA Map Service Center at 1-800-358--9616 COMMUNITY NUMBER PANEL SUFFIX for information on all related products associated with this FIRM. The FEMA Map Service Center may also be reached by Fax at 1-800-358-9620 and their website at www.fema.gov/msc. PITT COUNTY 370372 5517 J SIMPSON. VILLAGE OF 37=5 5577 J a El CLLD Notice to User. The Nap Nunber shown below should be used when placing map orders; the Community Number shown CRAVEN .y DATUM INFORMATION The projection used in the preparation of this map was the North Carolina State Plane (FIPSZONE 3200). The horizontal datum was the North American Datum of 1983, GRS80 ellipsoid. Differences in datum, ellipsoid, projection, or Universal Transverse Mercator zones used in the production of FIRMS for adjacent jurisdictions may result in slight positional differences in map features across jurisdictional boundaries. These differences do not affect the accuracy of this FIRM. All coordinates on this map are in U.S. Survey Feet, where 1 U.S. Survey Foot = 1200/3937 Meters. Flood elevations on this map are referenced to the North American Vertical Datum of 1988 (NAVD 88). These flood elevations must be compared to structure and ground elevations referenced to the same vertical datum. An average offset between NAVD 88 and the National Geodetic Vertical Datum of 1929 (NGVD 29) has been computed for each North Carolina county. This offset was then applied to the NGVD 29 flood elevations that were not revised during the creation of this statewide format FIRM. The offsets for each county shown on this FIRM panel are shown in the vertical datum offset table below. Where a county boundary and a flooding source with unrevised NGVD 29 flood elevations are coincident, an individual offset has been calculated and applied during the creation of this statewide format FIRM. See Section 6.1 of the accompanying Flood Insurance Study report to obtain further information on the conversion of elevations between NAVD 88 and NGVD 29. To obtain current elevation, description, and/or location information for bench marks shown on this map, please contact the North Carolina Geodetic Survey at the address shown below. You may also contact the Information Services Branch of the National Geodetic Survey at (301) 713-3242, or visit their website at www.ngs.naaa.gov. North Carolina Geodetic Survey County Average Vertical Datum Offset Table 121 West Jones Street County Vertical Datum offset ift) Raleigh, NC 27601 Pitt -1.15 (919) 733-3836 www.ncgs.state.nc.us Example.' NAVD 88 = NGVD 29 + (-1.15) All streams listed in the Flood Hazard Data Table below were studied by detailed methods using field survey. Other flood hazard data shown on this map may have been derived using either a coastal analysis or limited detailed riverine analysis. More information on the flooding sources studied by these analyses is contained in the Flood Insurance Study report. µ•. x W F - x - •�-� n.f t r r ^ � a s r :r a a ^ i F: +•. FEfv1r'. S l:�U:JF'EFt , I P l a i EGFiFJIGAL AH rNEH This digital Flood Insurance Rate Map (FIRM) was produced through a unique cooperative partnership between the State of North Carolina and the Federal Emergency Management Agency (FEMA). The State of North Carolina has implemented a long term approach of floodplain management to decrease the costs associated with flooding. This is demonstrated by the State's com- mitment to map floodplain areas at the local level. As a part of this effort, the State of North Carolina has joined in a Cooperating Technical State agreement with FEMA to produce and maintain this digital FIRM. www.ncfloodmaps.com 77, 17'00" 2 E10 000 FEET 680 000LL A 3942 0X M - 35° 36'001' Sf3 4r] W Z d co Z a 35° 35'30" 3941 NO M - 294 Ow M .�- JOINS PANEL 5608 77-16'00" 1 A I• � JE X i7 t 1 ZONE AE 295 aw M 77° 15'30" 2 517 500 FEET ZONE X FAA lit 'i 7u V14L %L 114 1, p� ��SpO.Oa+GM 1 � � E � ,- _:A. - - to E ZONE X 296 uoa M 2 520 000 FEET 680 000 FEET A. • 3942-- 35' 942-M35° 36'04" = 677 500 FEET ZONE Xf CO 7*7- 53 ,. 4. IfthR Polk a ZDNE' X.- � �I t - \" LU iN •. ,. . r L At f w �M �.. 64 ZONE X ¢ - s'. p im - ZONE X + " , lo Imp 672 544 FEET A C � ► a °w � � F .l - ' �� � � 1 - 3� � � � , w;i,:. it • 35" 35'00" Ilk41 BL4�K JpCk sg. p R© .f7 3940 o:n r, RALEIGH' Oki r z zQ f x 1tN11Li BROOK i3R V Cil S 670 000 FEET I 1 2 510 000 FEET 293 77° 17'00" This map is for use in administering the National Flood Insurance Program. It does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size. The community map repository should be consulted for possible updated or additional flood hazard information. To obtain more detailed information in areas where Base Flood Elevations (BFEs) and/or floodways have been determined, users are encouraged to consult the Flood Profiles, Floodway Data and/or Summary of Stillwater Elevations tables contained within the Flood Insurance Study (FIS) report that accompanies this FIRM. Users should be aware that BFEs shown on the FIRM represent rounded whole -foot elevations. These BFEs are intended for flood insurance rating purposes only and should not be used as the sole source of flood elevation information. Accordingly, flood elevation data presented in the AS report should be utilized in conjunction with the FIRM for purposes of construction and/or floodplain management. Boundaries of the floodways were computed at cross sections and interpolated between cross sections. The floodways were based on hydraulic considerations with regard to requirements of the National Flood Insurance Program. Floodway widths and other pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions. Pitt County Unincorporated Areas Ilk " N - - *14 LU Floodway Width (feet) FLOOD HAZARD DATA TABLE NOTES TO USERS Certain areas not in Special Flood Hazard Areas may be protected by flood control Left/Right Distance From the Center of Streamto structures. Refer to Section 4.4 "Flood Protection Measures- of the Flood Insurance those shown on the previous FIRM for this jurisdiction. The floodplains and floodways Study report for information on flood control structures in the jurisdictions. 1 % Annual Chance Cross Stream Flood Discharge (100 -year) Encroachment Boundary Section Station' (cfs) Water -Surface Elevation (Looking Downstream) or imagery is 1998-1999. Information and geospatiai data supplied by the local community(ies) showing the layout of map panels; community map repository addresses: and a Listing of that met FEMA base map specifications were considered the preferred source for (feet NAVD 88) Total Floodway width TAR RIVER for additional information about base map preparation. 616 61,617 53,100 16.8 4,411 /120 'Feet above County boundary most up-to-date data available at the time of publication. Changes in the corporate FEMA website at www.fema.gov. µ•. x W F - x - •�-� n.f t r r ^ � a s r :r a a ^ i F: +•. FEfv1r'. S l:�U:JF'EFt , I P l a i EGFiFJIGAL AH rNEH This digital Flood Insurance Rate Map (FIRM) was produced through a unique cooperative partnership between the State of North Carolina and the Federal Emergency Management Agency (FEMA). The State of North Carolina has implemented a long term approach of floodplain management to decrease the costs associated with flooding. This is demonstrated by the State's com- mitment to map floodplain areas at the local level. As a part of this effort, the State of North Carolina has joined in a Cooperating Technical State agreement with FEMA to produce and maintain this digital FIRM. www.ncfloodmaps.com 77, 17'00" 2 E10 000 FEET 680 000LL A 3942 0X M - 35° 36'001' Sf3 4r] W Z d co Z a 35° 35'30" 3941 NO M - 294 Ow M .�- JOINS PANEL 5608 77-16'00" 1 A I• � JE X i7 t 1 ZONE AE 295 aw M 77° 15'30" 2 517 500 FEET ZONE X FAA lit 'i 7u V14L %L 114 1, p� ��SpO.Oa+GM 1 � � E � ,- _:A. - - to E ZONE X 296 uoa M 2 520 000 FEET 680 000 FEET A. • 3942-- 35' 942-M35° 36'04" = 677 500 FEET ZONE Xf CO 7*7- 53 ,. 4. IfthR Polk a ZDNE' X.- � �I t - \" LU iN •. ,. . r L At f w �M �.. 64 ZONE X ¢ - s'. p im - ZONE X + " , lo Imp 672 544 FEET A C � ► a °w � � F .l - ' �� � � 1 - 3� � � � , w;i,:. it • 35" 35'00" Ilk41 BL4�K JpCk sg. p R© .f7 3940 o:n r, RALEIGH' Oki r z zQ f x 1tN11Li BROOK i3R V Cil S 670 000 FEET I 1 2 510 000 FEET 293 77° 17'00" This map is for use in administering the National Flood Insurance Program. It does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size. The community map repository should be consulted for possible updated or additional flood hazard information. To obtain more detailed information in areas where Base Flood Elevations (BFEs) and/or floodways have been determined, users are encouraged to consult the Flood Profiles, Floodway Data and/or Summary of Stillwater Elevations tables contained within the Flood Insurance Study (FIS) report that accompanies this FIRM. Users should be aware that BFEs shown on the FIRM represent rounded whole -foot elevations. These BFEs are intended for flood insurance rating purposes only and should not be used as the sole source of flood elevation information. Accordingly, flood elevation data presented in the AS report should be utilized in conjunction with the FIRM for purposes of construction and/or floodplain management. Boundaries of the floodways were computed at cross sections and interpolated between cross sections. The floodways were based on hydraulic considerations with regard to requirements of the National Flood Insurance Program. Floodway widths and other pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions. Pitt County Unincorporated Areas Ilk " N - - *14 - 3941 Ow M 35°35'30" 35` 35'0/7" �k 9L0 ' % 670 040 FEET 296 ON M 2 520 000 FEET MAP REPOSITORY Refer to listing of Map Repositories on Map Index or visit www.ncfloodmaps.corn. EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL JANUARY 2 2004 EFFECTIVE DATES) OF REVISIONS) TO THIS PANEL For community map revision histo ry Prior to statewide mapping, refer to the Community Map History table located in the Flood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your insurance agent, the North Carolina Division of Emergency Management or the National Flood Insurance Program at the following phone numbers or websites: NC Division of Emergency Management National Flood Insurance Program (919) 715-8000 www.nftp.ncem.org 1-800-638-6620 www.fema.gow'nfip LEGEND SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD The 1 % annual chance flood (100 -year flood), also known as the base flood, is the flood that has a 11% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base Flood Elevation is the water -surface elevation of the 1% annual chance flood. ZONE A No Base Flood Elevations determined. ZONE AE Base Flood Elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood Elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain), average depths determined. For areas of alluvial fan flooding, velocities also determined. ZONE AR Special Flood Hazard Area formerly protected from the 1% annual chance flood by a flood control system that was subsequently decertified. Zone AR indicates that the former flood control system is being restored to provide protection from the 1% annual chance or greater flood. ZONE A99 Area to be protected from 1 % annual chance flood by a Federal flood protection system under construction; no Base Flood Elevations determined. ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined. FLOODWAY AREAS IN ZONE AE The floodway is the channel of a stream plus any ad)'acent floodplain areas that must be kept free of encroachment so that the 19. annual chance flood can be carried without substantial increases in flood heights. OTHER FLOOD AREAS ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 7 % annual chance flood. DOTHER AREAS ZONE x Areas determined to be outside the 0.2 % annual chance floodplain. ZONE a Areas in which flood hazards are undetermined, but possible. COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS OTHERWISE PROTECTED AREAS (OPAs) CBRS areas and OPAs are normally located within or adjacent to Special Flood Hazard Areas. 1% annual chance floodplain boundary 0.2% annual chance floodplain boundary Floodway boundary Zone D Boundary •■�••••••••�+•••�•�• CBRS and OPA boundary _ Boundary dividing Special Flood Hazard Areas of different Base Flood Elevations, flood depths or flood Velocities. ^--►-1--513-» Base Flood Elevation line and value; elevation in feet* (EL 987) Base Flood Elevation value where uniform within zone; elevation in feet* *Referenced to the North American Vertical Datum of 1988 aa� Cross section line 23 -- - - -- i3 Transect line 47°07' 30", 32°22' 30' Geographic coordinates referenced to the North American Datum of 1983 (NAD 83) 4278Dwv, 1000 -meter Universal Transverse Mercator grid ticks, zone 18 1 477 504 FEET 2500 -foot ggrid values: North Carolina State Plane coordinate system (IF SZONE 3200, State Plane NAD 83 feet) BM5510 North Carolina Geodetic Survey bench mark (see explanation X in the Datum Information section of this FIRM panel). BM5510 National Geodetic Survey bench mark (see explanation in the Datum Information section of this FIRM panel). 0 M1.5 River Mile Z& GRID NORTH MAP SCALE 1" 500' (1 : 6,000) 250 0 500 1000 FEET - METERS ISO 0 ISO 300 L LU 2 512 500 FEET 294 06� M 77° 11510"77° 77° 16'00" 295 1'- M 15`30" JOINS PANEL 5616 NOTES TO USERS Certain areas not in Special Flood Hazard Areas may be protected by flood control This map reflects more detailed and up-to-date stream channel configurations than structures. Refer to Section 4.4 "Flood Protection Measures- of the Flood Insurance those shown on the previous FIRM for this jurisdiction. The floodplains and floodways Study report for information on flood control structures in the jurisdictions. that were transferred from the previous FIRM may have been adjusted to conform to these new stream channel configurations. As a result, the Flood Profiles and Floodway Base map information and geospatial data used to develop this FiRM were obtained from Data tables in the Flood Insurance Study report (which contains authoritative hydraulic various organizations, including the participating local community(ies), state and federal data) may reflect stream channel distances that differ from what is shown on this map. agencies, and/or other sources. The primary base for this FIRM is aerial imagery acquired as part of the National Digital Orthophoto Program. The time period of collection for the Please refer to the separately printed Map Index for an overview map of the county imagery is 1998-1999. Information and geospatiai data supplied by the local community(ies) showing the layout of map panels; community map repository addresses: and a Listing of that met FEMA base map specifications were considered the preferred source for Communities table containing National Flood Insurance Program dates for each community development of the base map. See geospatial metadata for the associated digital FIRM as well as a listing of the panels on which each is located. for additional information about base map preparation. PANEL 5617 If you have questions about this map, or questions concerning the National Flood Base map features shown on this map, such as corporate limits, are based on the Insurance Program 1n general, please call 1 -877 -FEMA MAP (1---877-336-2627) or visit the most up-to-date data available at the time of publication. Changes in the corporate FEMA website at www.fema.gov. limits may have occurred since this map was published. Map users should consult the appropriate community official or website to verify current conditions of An accompanying Flood Insurance Study report, Letter of Map Revision (LOMB) or Letter jurisdictional boundaries and base map features. of Map Amendment (LOMA) revising portions of this panel, and digital versions of this CONTAINS: FiRM may be available. Visit the North Carolina Floodplain Mapping Program website at www.rcfloodmaps.com, or contact the FEMA Map Service Center at 1-800-358--9616 COMMUNITY NUMBER PANEL SUFFIX for information on all related products associated with this FIRM. The FEMA Map Service Center may also be reached by Fax at 1-800-358-9620 and their website at www.fema.gov/msc. - 3941 Ow M 35°35'30" 35` 35'0/7" �k 9L0 ' % 670 040 FEET 296 ON M 2 520 000 FEET MAP REPOSITORY Refer to listing of Map Repositories on Map Index or visit www.ncfloodmaps.corn. EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL JANUARY 2 2004 EFFECTIVE DATES) OF REVISIONS) TO THIS PANEL For community map revision histo ry Prior to statewide mapping, refer to the Community Map History table located in the Flood Insurance Study report for this jurisdiction. To determine if flood insurance is available in this community, contact your insurance agent, the North Carolina Division of Emergency Management or the National Flood Insurance Program at the following phone numbers or websites: NC Division of Emergency Management National Flood Insurance Program (919) 715-8000 www.nftp.ncem.org 1-800-638-6620 www.fema.gow'nfip LEGEND SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD The 1 % annual chance flood (100 -year flood), also known as the base flood, is the flood that has a 11% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base Flood Elevation is the water -surface elevation of the 1% annual chance flood. ZONE A No Base Flood Elevations determined. ZONE AE Base Flood Elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood Elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain), average depths determined. For areas of alluvial fan flooding, velocities also determined. ZONE AR Special Flood Hazard Area formerly protected from the 1% annual chance flood by a flood control system that was subsequently decertified. Zone AR indicates that the former flood control system is being restored to provide protection from the 1% annual chance or greater flood. ZONE A99 Area to be protected from 1 % annual chance flood by a Federal flood protection system under construction; no Base Flood Elevations determined. ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined. FLOODWAY AREAS IN ZONE AE The floodway is the channel of a stream plus any ad)'acent floodplain areas that must be kept free of encroachment so that the 19. annual chance flood can be carried without substantial increases in flood heights. OTHER FLOOD AREAS ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 7 % annual chance flood. DOTHER AREAS ZONE x Areas determined to be outside the 0.2 % annual chance floodplain. ZONE a Areas in which flood hazards are undetermined, but possible. COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS OTHERWISE PROTECTED AREAS (OPAs) CBRS areas and OPAs are normally located within or adjacent to Special Flood Hazard Areas. 1% annual chance floodplain boundary 0.2% annual chance floodplain boundary Floodway boundary Zone D Boundary •■�••••••••�+•••�•�• CBRS and OPA boundary _ Boundary dividing Special Flood Hazard Areas of different Base Flood Elevations, flood depths or flood Velocities. ^--►-1--513-» Base Flood Elevation line and value; elevation in feet* (EL 987) Base Flood Elevation value where uniform within zone; elevation in feet* *Referenced to the North American Vertical Datum of 1988 aa� Cross section line 23 -- - - -- i3 Transect line 47°07' 30", 32°22' 30' Geographic coordinates referenced to the North American Datum of 1983 (NAD 83) 4278Dwv, 1000 -meter Universal Transverse Mercator grid ticks, zone 18 1 477 504 FEET 2500 -foot ggrid values: North Carolina State Plane coordinate system (IF SZONE 3200, State Plane NAD 83 feet) BM5510 North Carolina Geodetic Survey bench mark (see explanation X in the Datum Information section of this FIRM panel). BM5510 National Geodetic Survey bench mark (see explanation in the Datum Information section of this FIRM panel). 0 M1.5 River Mile Z& GRID NORTH MAP SCALE 1" 500' (1 : 6,000) 250 0 500 1000 FEET - METERS ISO 0 ISO 300 L LU PANEL 5617 J FIRM FLOOD INSURANCE RATE MAP NORTH CAROLINA a PANEL 5617 (SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM PANEL LAYOUT) CONTAINS: COMMUNITY NUMBER PANEL SUFFIX PITT COUNTY 370372 5517 J SIMPSON. VILLAGE OF 37=5 5577 J a El CLLD Notice to User. The Nap Nunber shown below should be used when placing map orders; the Community Number shown above should be used on insurance applications for the subject community. EFFECTIVE DATE MAP NUMBER JANUARY 2, 2004 37205617001 d 4 Y MA El s State of North Carolina Federal Emergency Management Agency 1 NATIONWIDE PERMIT 13 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Bank Stabilization. Bank stabilization activities necessary for erosion prevention, provided the activity meets all of the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (c) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States; (f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, (g) The activity is not a stream channelization activity. This NWP also authorizes temporary structures, fills, and work necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Invasive plant species shall not be used for bioengineering or vegetative bank stabilization. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the bank stabilization activity: (1) involves discharges into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will involve the discharge of greater than an average of one cubic yard per running foot along the bank below the plane of the ordinary high water mark or the high tide line. (See general condition 31.) (Sections 10 and 404) 2 NATIONWIDE PERMIT CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 3 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 4 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have “no effect” on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. 5 (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA 6 section 106 consultation is required and will occur, the district engineer will notify the non- Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 7 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) – (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of 8 the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 9 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: 10 (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; 11 (3) A description of the proposed project; the project’s purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project’s adverse environmental effects to a minimal level. 12 (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. D. District Engineer’s Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the 13 vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10- acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period, with activity-specific 14 conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term “discharge” means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence 15 of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or 16 flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through 17 which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent 18 mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent – meaning bordering, contiguous, or neighboring – to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of “waterbodies” include streams, rivers, lakes, ponds, and wetlands. 19 Final Regional Conditions 2012 NOTICE ABOUT WEB LINKS IN THIS DOCUMENT: The web links (both internal to our District and any external links to collaborating agencies) in this document are valid at the time of publication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five-year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re-direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the regulatory home page (wetlands and stream permits) of the Wilmington District Corps of Engineers, to the “Permits” section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2012 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP’s during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps. 1.2 Trout Waters Moratorium Waters of the United States in the twenty-five designated trout counties of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS. 20 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWP’s. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within Waters of the U.S. that require a Pre-Construction Notification pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below, applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to Federally Endangered Species and the following website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for applicants which provides guidelines on how to review linked websites and maps in order to fulfill NWP general condition 18 requirements: http://www.saw.usace.army.mil/wetlands/ESA Applicants who do not have internet access may contact the appropriate US Fish and Wildlife Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633: US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Asheville US Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Raleigh US Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. 21 2.2 Special Designation Waters Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). The North Carolina waters and contiguous wetlands that require additional notification requirements are: “Outstanding Resource Waters” (ORW) or “High Quality Waters” (HQW) as designated by the North Carolina Environmental Management Commission; “Inland Primary Nursery Areas” (IPNA) as designated by the NCWRC; “Contiguous Wetlands” as defined by the North Carolina Environmental Management Commission; or “Primary Nursery Areas” (PNA) as designated by the North Carolina Marine Fisheries Commission. 2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern Non-federal applicants for any NWP in a designated “Area of Environmental Concern” (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office – 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office – 2407 West 5th Street, Washington, NC 27889). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31 (PCN). The latest version of NCWAM is located on the NC DWQ web site at: http://portal.ncdenr.org/web/wq/swp/ws/pdu/ncwam . 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the US, including wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty- five (25) designated trout counties of North Carolina, the applicant shall comply with Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the notification to the appropriate NCWRC office to facilitate the determination of any potential 22 impacts to designated Trout Waters. Notification to the Corps of Engineers will include a statement with the name of the NCWRC biologist contacted, the date of the notification, the location of work, a delineation of wetlands, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 20830 Great Smoky Mtn. Expressway Ashe Mitchell Wilkes Waynesville, NC 28786 Avery Stokes Telephone: (828) 452-2546 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Perennial Stream Bed NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial, intermittent or ephemeral stream, unless the District Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a case-by-case basis and he determines that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. *NOTE: Applicants should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: http://www.saw.usace.army.mil/wetlands/permits/nwp/nwp2012 (see “Quick Links”) 23 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of perennial and/or ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses less than 150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre-construction Notification for Loss of Streambed Exceeding 150 Feet. Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the US when it is no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. 3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 24 3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. 3.6 Safe Passage Requirements for Culvert Placement For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gage data, if available. In the absence of such data, bankfull flow can be used as a comparable level. In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams appearing as blue lines on United States Geological Survey (USGS) 7.5-minute quadrangle maps. In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The bottom of the culvert must be placed at a 25 depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts are to be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will be issued if it can be demonstrated that the proposal would result in the least impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried. 3.7 Notification to NCDENR Shellfish Sanitation Section Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Preservation of Submerged Aquatic Vegetation Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP within any of the twenty coastal counties defined by North Carolina’s Coastal Area Management Act of 1974 (CAMA). 3.9 Sedimentation and Erosion Control Structures and Measures 3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the US. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 26 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP # 13 – Bank Stabilization 4.1.1. Unanchored trees, treetops, or debris may not be used as stream bank stabilization material. 4.1.2. Properly anchored and cabled structural stabilization techniques, such as timber crib structures, revetments, and root wads, are acceptable materials to stabilize stream banks. 4.1.3. If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is necessary to be placed in the stream bed, the finished top elevation of the riprap should not exceed that of the original stream bed. 1 NATIONWIDE PERMIT 40 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Agricultural Activities. Discharges of dredged or fill material into non-tidal waters of the United States for agricultural activities, including the construction of building pads for farm buildings. Authorized activities include the installation, placement, or construction of drainage tiles, ditches, or levees; mechanized land clearing; land leveling; the relocation of existing serviceable drainage ditches constructed in waters of the United States; and similar activities. This NWP also authorizes the construction of farm ponds in non-tidal waters of the United States, excluding perennial streams, provided the farm pond is used solely for agricultural purposes. This NWP does not authorize the construction of aquaculture ponds. This NWP also authorizes discharges of dredged or fill material into non-tidal waters of the United States to relocate existing serviceable drainage ditches constructed in non-tidal streams. The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States, including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in minimal adverse effects. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 31.) (Section 404) Note: Some discharges for agricultural activities may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). This NWP authorizes the construction of farm ponds that do not qualify for the Clean Water Act Section 404(f)(1)(C) exemption because of the recapture provision at Section 404(f)(2). 2 NATIONWIDE PERMIT CONDITIONS The following General Conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 3 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 4 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have “no effect” on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. 5 (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA 6 section 106 consultation is required and will occur, the district engineer will notify the non- Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 7 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) – (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of 8 the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 9 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: 10 (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; 11 (3) A description of the proposed project; the project’s purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project’s adverse environmental effects to a minimal level. 12 (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. D. District Engineer’s Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the 13 vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10- acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period, with activity-specific 14 conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. DEFINITIONS Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term “discharge” means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence 15 of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or 16 flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through 17 which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent 18 mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent – meaning bordering, contiguous, or neighboring – to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of “waterbodies” include streams, rivers, lakes, ponds, and wetlands. 19 Final Regional Conditions 2012 NOTICE ABOUT WEB LINKS IN THIS DOCUMENT: The web links (both internal to our District and any external links to collaborating agencies) in this document are valid at the time of publication. However, the Wilmington District Regulatory Program web page addresses, as with other agency web sites, may change over the timeframe of the five-year Nationwide Permit renewal cycle, in response to policy mandates or technology advances. While we will make every effort to check on the integrity of our web links and provide re-direct pages whenever possible, we ask that you report any broken links to us so we can keep the page information current and usable. We apologize in advanced for any broken links that you may encounter, and we ask that you navigate from the regulatory home page (wetlands and stream permits) of the Wilmington District Corps of Engineers, to the “Permits” section of our web site to find links for pages that cannot be found by clicking directly on the listed web link in this document. Final 2012 Regional Conditions for Nationwide Permits (NWP) in the Wilmington District 1.0 Excluded Waters The Corps has identified waters that will be excluded from the use of all NWP’s during certain timeframes. These waters are: 1.1 Anadromous Fish Spawning Areas Waters of the United States identified by either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish spawning areas are excluded during the period between February 15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps. 1.2 Trout Waters Moratorium Waters of the United States in the twenty-five designated trout counties of North Carolina are excluded during the period between October 15 and April 15 without prior written approval from the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties). 1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service (NMFS) Waters of the United States designated as sturgeon spawning areas are excluded during the period between February 1 and June 30, without prior written approval from the NMFS. 20 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWP’s. These waters are: 2.1 Western NC Counties that Drain to Designated Critical Habitat For proposed activities within Waters of the U.S. that require a Pre-Construction Notification pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below, applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition 18 for specific notification requirements related to Federally Endangered Species and the following website for information on the location of designated critical habitat. Counties with tributaries that drain to designated critical habitat that require notification to the Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood, Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union and Yancey. Website and office addresses for Endangered Species Act Information: The Wilmington District has developed the following website for applicants which provides guidelines on how to review linked websites and maps in order to fulfill NWP general condition 18 requirements: http://www.saw.usace.army.mil/wetlands/ESA Applicants who do not have internet access may contact the appropriate US Fish and Wildlife Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633: US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Asheville US Fish and Wildlife Service Office counties: All counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Raleigh US Fish and Wildlife Service Office counties: all counties east of and including Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. 21 2.2 Special Designation Waters Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). The North Carolina waters and contiguous wetlands that require additional notification requirements are: “Outstanding Resource Waters” (ORW) or “High Quality Waters” (HQW) as designated by the North Carolina Environmental Management Commission; “Inland Primary Nursery Areas” (IPNA) as designated by the NCWRC; “Contiguous Wetlands” as defined by the North Carolina Environmental Management Commission; or “Primary Nursery Areas” (PNA) as designated by the North Carolina Marine Fisheries Commission. 2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern Non-federal applicants for any NWP in a designated “Area of Environmental Concern” (AEC) in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area Management Act (CAMA) must also obtain the required CAMA permit. Development activities for non-federal projects may not commence until a copy of the approved CAMA permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field Office – 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office – 2407 West 5th Street, Washington, NC 27889). 2.4 Barrier Islands Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN). 2.5 Mountain or Piedmont Bogs Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31 (PCN). The latest version of NCWAM is located on the NC DWQ web site at: http://portal.ncdenr.org/web/wq/swp/ws/pdu/ncwam . 2.6 Animal Waste Facilities Prior to use of any NWP for construction of animal waste facilities in waters of the US, including wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN). 2.7 Trout Waters Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty- five (25) designated trout counties of North Carolina, the applicant shall comply with Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the notification to the appropriate NCWRC office to facilitate the determination of any potential 22 impacts to designated Trout Waters. Notification to the Corps of Engineers will include a statement with the name of the NCWRC biologist contacted, the date of the notification, the location of work, a delineation of wetlands, a discussion of alternatives to working in the mountain trout waters, why alternatives were not selected, and a plan to provide compensatory mitigation for all unavoidable adverse impacts to mountain trout waters. NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 20830 Great Smoky Mtn. Expressway Ashe Mitchell Wilkes Waynesville, NC 28786 Avery Stokes Telephone: (828) 452-2546 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey 3.0 List of Corps Regional Conditions for All Nationwide Permits The following conditions apply to all Nationwide Permits in the Wilmington District: 3.1 Limitation of Loss of Perennial Stream Bed NWPs may not be used for activities that may result in the loss or degradation of greater than 300 total linear feet of perennial, intermittent or ephemeral stream, unless the District Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a case-by-case basis and he determines that the proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the loss of ephemeral and intermittent streams must be in writing and documented by appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet threshold for NWPs. *NOTE: Applicants should utilize the most current methodology prescribed by Wilmington District to assess stream function and quality. Information can be found at: http://www.saw.usace.army.mil/wetlands/permits/nwp/nwp2012 (see “Quick Links”) 23 3.2 Mitigation for Loss of Stream Bed For any NWP that results in a loss of more than 150 linear feet of perennial and/or ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate for more than minimal individual and cumulative adverse impacts to the aquatic environment. For stream losses less than 150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic environment. 3.3 Pre-construction Notification for Loss of Streambed Exceeding 150 Feet. Prior to use of any NWP for any activity which impacts more than 150 total linear feet of perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification requirements. If a NWP has specific notification requirements, the requirements of the NWP should be followed. 3.4 Restriction on Use of Live Concrete For all NWPs which allow the use of concrete as a building material, live or fresh concrete, including bags of uncured concrete, may not come into contact with the water in or entering into waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete shall only be returned to waters of the US when it is no longer poses a threat to aquatic organisms. 3.5 Requirements for Using Riprap for Bank Stabilization For all NWPs that allow for the use of riprap material for bank stabilization, the following measures shall be applied: 3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in North Carolina waters. 3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan drawings. 3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace quantities that would not have an adverse environmental effect. 3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 24 3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. 3.6 Safe Passage Requirements for Culvert Placement For all NWPs that involve the construction/installation of culverts, measures will be included in the construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert should not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert should be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gage data, if available. In the absence of such data, bankfull flow can be used as a comparable level. In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams appearing as blue lines on United States Geological Survey (USGS) 7.5-minute quadrangle maps. In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain the existing channel slope. The bottom of the culvert must be placed at a 25 depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts are to be designed and constructed in a manner that minimizes destabilization and head cutting. Destabilizing the channel and head cutting upstream should be considered and appropriate actions incorporated in the design and placement of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will be issued if it can be demonstrated that the proposal would result in the least impacts to the aquatic environment. All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a manner that does not restrict the flow and circulation patterns of waters of the United States. Culverts placed across wetland fills purely for the purposes of equalizing surface water do not have to be buried. 3.7 Notification to NCDENR Shellfish Sanitation Section Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or removing sediment from an area closed to shell fishing where the effluent may be released to an area open for shell fishing or swimming in order to avoid contamination from the disposal area and cause a temporary shellfish closure to be made. Such notification shall also be provided to the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean beach should occur between November 1 and April 30 when recreational usage is low. Only clean sand should be used and no dredged sand from closed shell fishing areas may be used. If beach disposal were to occur at times other than stated above or if sand from a closed shell fishing area is to be used, a swimming advisory shall be posted, and a press release shall be issued by the permittee. 3.8 Preservation of Submerged Aquatic Vegetation Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP within any of the twenty coastal counties defined by North Carolina’s Coastal Area Management Act of 1974 (CAMA). 3.9 Sedimentation and Erosion Control Structures and Measures 3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and measures proposed for placement in waters of the US. The structures and measures should be depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands and streams. 26 4.0 Additional Regional Conditions for Specific Nationwide Permits 4.1 NWP # 40 - Agricultural Activities 4.1.1. This NWP may not be used in channelized or natural streams. 4.1.2. Discharges of dredged or fill material into waters of the US, including wetlands, within the floodway resulting in permanent above-grade fills are not authorized by this NWP. *NOTE: Floodway-The area designated and/or regulated by Federal, state, or local requirements to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated height identified by the regulating entity within the 100- year floodplain. 4.1.3. Discharges of dredged or fill material into waters of the US, including wetlands, within the mapped FEMA 100-year floodplain resulting in permanent above-grade fills are not authorized by this NWP. 4.1.4. This nationwide permit may not be used to authorize the discharges of dredged or fill material into waters of the United States that have been identified or designated by the State of North Carolina as: Outstanding Resource Waters High Quality Waters Coastal Wetlands as defined by North Carolina’s Coastal Area Management Act Wetlands adjacent to these waters North Carolina Sediment Control Law 1 The purpose of this section is to highlight the portions of the North Carolina Sedimentation Pollution Control Act of 1973 that may affect individuals involved in construction or other land-disturbing activities. The full text of the law is included in Appendix 8.08$GGUHVVVSHFL¿FTXHVWLRQVUHJDUGLQJWKH LQWHUSUHWDWLRQRIWKLVODZWR\RXUUHJLRQDORI¿FHRIWKH/DQG4XDOLW\6HFWLRQRI the Department of Environment and Natural Resources (DENR). This law is performance oriented: it prohibits visible off-site sedimentation from construction sites but permits the owner and developer to determine the most economical, effective methods for erosion and sedimentation control. 7KLVÀH[LELOLW\LQWKHODZDOORZVIRULQQRYDWLRQDQGFRQVLGHUVWKHXQLTXHQHVV of each construction site; however, it also requires the developer to plan his activities carefully in light of their erosion potential. To control erosion and sedimentation and satisfy the intent of the law, the developer should employ an integrated system of control measures and management techniques. An effective control system is based on an understanding of the processes of erosion and sedimentation and the basic principles for their control. Chapter 2 discusses these processes and principles. Who is affected?The law governs all land-distrubing activities except agriculture and mining, which is regulated by the Mining Act of 1971. Erosion and sedimentation control are required regardless of the size of the disturbance. The law requires land developers to plan and implement effective temporary and permanent control measures to prevent accelerated erosion and off-site sedimentation. Further, if the installed protective measures do not work, additional measures must be taken. What does the law UHTXLUH" 7KHODZUHTXLUHVLQVWDOODWLRQDQGPDLQWHQDQFHRIVXI¿FLHQWHURVLRQFRQWURO practices to retain sediment within the boundaries of the site. It also requires that surfaces be non-erosive and stable within 15 working days or 90 calendar days after completion of the activity, whichever period is shorter. In certain High Quality watersheds this stabilization must be achieved within 15 working days or 60 calendar days after completion of the activity, whichever is shortest. North Carolina Sedimentation Control Law Rev. 6/06 1.1 1 An erosion and sedimentation control plan must be submitted at least 30 days before land disturbance begins on any site 1 acre or larger. The erosion and sedimentation control plan must be approved by the regulatory agency before any land-disturbing activities are begun. The erosion control plan requires a thorough evaluation of the site and the proposed land-disturbing activities in the planning phase of the development. The details and requirements for this plan are found in Chapter 4, Preparing the Erosion and Sedimentation Control Plan. Primary requirements are as follows: ‡$VXI¿FLHQWEXIIHU]RQHPXVWEHUHWDLQHGRUHVWDEOLVKHGDORQJDQ\QDWXUDO ZDWHUFRXUVHRUODNHWRFRQWDLQDOOYLVLEOHVHGLPHQWWRWKH¿UVWRIWKH buffer strip nearest the disturbed area. An undisturbed 25 foot buffer must be maintained along trout waters. ‡7KHDQJOHRIFXWDQG¿OOVORSHVPXVWEHQRJUHDWHUWKDQWKDWVXI¿FLHQW for proper stabilization. Graded slopes must be vegetated or otherwise stabilized within 21 calendar days of completion of a phase of grading. ‡2IIVLWHVHGLPHQWDWLRQPXVWEHSUHYHQWHGDQGDJURXQGFRYHUVXI¿FLHQWWR prevent erosion must be provided within 15 working days or 90 calendar days, whichever is shorter. What are the performance standards? Erosion and sedimentation control measures must be designed to provide protection from a rainfall event equivalent in magnitude to the 10-year peak runoff. In areas where High Quality Waters (HQW’s) are a concern, the design requirement is the 25 year storm. Runoff velocities must be controlled so that the peak runoff from the 10-year frequency storm occurring during or after construction will not damage the receiving stream channel at the discharge point. The velocity must not exceed the greater of: ‡WKHPD[LPXPQRQHURVLYHYHORFLW\RIWKHH[LVWLQJFKDQQHOEDVHGRQVRLO texture (Table 8.05d, Appendix 8.05), or ‡SHDNYHORFLW\LQWKHFKDQQHOSULRUWRGLVWXUEDQFH If neither condition can be met, then protective measures must be applied to the receiving channel. Who is responsible for maintenance? 'XULQJFRQVWUXFWLRQWKHSHUVRQ¿QDQFLDOO\UHVSRQVLEOHIRUVLWHGHYHORSPHQWLV responsible for maintenance of the erosion and sedimentation control practices installed. The landowner may also be held responsible. After construction is complete and the surface is permanently stabilized, responsibility passes to the landowner or the person managing the land. Who enforces the law? The Sedimentation Pollution Control Act provides authority to the State or authorized local agencies to inspect land-disturbing activities and to prosecute violators. Citizens damaged by violations of the Act may also take action through the courts. 1.2 Rev. 6/07 North Carolina Sediment Control Law What are the penalties? Civil penalties assessed by the state or authorized localities carry a maximum ¿QHRIGD\SHUYLRODWLRQIRUHDFKGD\WKDWWKHVLWHLQYLRODWLRQ Criminal penalties for knowing or willful violations may be imposed to a PD[LPXPRIGD\VLQMDLODQGD¿QH Administrative stop-work orders or injunction issued by the courts. Who is the governing/ responsible agency? The law created the Sedimentation Control Commission to develop and administer North Carolina’s sedimentation and erosion control program. This program is implemented by the DENR, Land Quality Section under the Commission’s direction. Authorized local governments or agencies may adopt their own ordinances; however, local programs must be approved by the Commission and must meet or exceed the minimum standards set by the state. If their programs are approved, local governments administer and enforce them. Because these programs vary widely in content and scope, consult the administering agency to avoid violations of local ordinances. What other activities GRHVWKHVWDWH¶V SURJUDPLQFOXGH" The state assists and encourages local governments and other state agencies to develop their own erosion and sedimentation control programs. The DENR reviews local programs as needed to assure uniform enforcement of the Act. The state develops educational and instructional materials to demonstrate methods and practices for erosion and sedimentation control. The state has developed a set of rules pertinent to sedimentation and erosion control. These rules were adopted as Title 15A, Chapter 4 of the North Carolina Administrative Code. The complete text of these rules is provided in Appendix 8.08 and 8.09. Rev. 6/06 1.3 GUC Bank Parcel Development Plan Appendices Appendix F: Existing Site Photos RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-1 1 Aerial View of UT-1 RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 2 UT-1 –upper reach Aerial View of UT-1 RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 UT-1 –upper reach, stream left, typical existing buffer 3 UT-1 –at confluence of Surface Conveyance 1, looking upstream at stream right of UT-1 RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-2 (upper reach) 4 Aerial View of UT-2 (upper reach running north to south) RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-2 (upper reach running north to south) 5 Aerial View of UT-2 (upper reach running north to south) looking at main crossing RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-2: small farm building, concrete pad, & utility poll (all to-be removed) 6 Ground View of UT-2: small farm building, utility poll, and old pipe (all to -be removed) RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-2 (middle reach running south to north & west to east) 7 Aerial View of UT-2 (middle reach running east to west) RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-2 (lower reach running south) 8 Aerial View of UT-2 (lower reach running south) RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 UT-2 –middle reach, typical existing buffer 9 UT-2 –middle reach, typical RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 UT-2 –middle reach, at 90 degree bend, old pipe, utility line, and road all to -be removed 10 UT-2 –middle reach, typical RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 Aerial View of UT-3 (upper reach running south) 11 Aerial View of UT-3 (upper reach running south) RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 UT-3 –middle reach, typical buffer 12 UT-3 –lower reach, typical buffer RS’ GUC Nutrient & Buffer Bank Parcel –Tar Pam 03 Pitt County Photo Date: 03/12/2019 UT-3 –lower reach, typical 13 UT-3 –lower reach, confluence with UT-1 pipe and crossing to-be removed