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20170110 Ver 2_Final Weaver Farm BPDP - For PN_20170525Bank Parcel Development Package Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Neuse River Basin Bank Parcel Sponsor Restoration Systems, LLC Ph: 919-755-9490 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 May 2017 Table of Contents 1.0 Introduction.....................................................................................................................................1 1.1 Project Location....................................................................................................................1 1.2 Parcel Overview....................................................................................................................1 2.0 Project Area — Current Conditions................................................................................................... 2 2.1 Physiography........................................................................................................................ 2 2.2 Soils.......................................................................................................................................2 2.3 Existing Vegetative Communities.........................................................................................3 2.4 Parcel Design and Implementation Constraints...................................................................4 2.4.1 Threatened and Endangered Species.......................................................................4 2.4.2 Cultural Resources....................................................................................................5 2.4.3 Air Transport Facilities..............................................................................................5 3.0 Restoration Plan...............................................................................................................................5 3.1 Construction Activities (Figure 4)......................................................................................... 6 3.2 Permitting.............................................................................................................................7 3.3 Planting Plan.........................................................................................................................8 3.4 Easement Boundaries & Parcel Protection..........................................................................9 4.0 Monitoring and Maintenance Plan..................................................................................................9 4.1 Monitoring Protocol.............................................................................................................9 4.2 Parcel Maintenance..............................................................................................................9 4.3 Long Term Management Plan.............................................................................................. 9 5.0 Financial Assurance........................................................................................................................10 6.0 Mitigation Potential.......................................................................................................................10 7.0 References.....................................................................................................................................11 Appendix Appendix A: Figures and Photographs Figure 1— Parcel Location / Service Area Figure 2 — USGS Topography, NRCS Soil Survey Figure 3 — Current Conditions Figure 4 — Restoration Plan Figure 5 — Credit Determination Sheets 1— 4 Surface Water Conveyance Centerlines Parcel Photographs Appendix B: NCDWR Correspondence Appendix C: Conservation Easement, NCWHF Acceptance Letter Appendix D: NRCS Web Soil Survey Report Appendix E: Environmental Data Resources Inc. — Environmental Records Report Appendix F: 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 Weaver Farm Bank Parcel Development Plan Table of Contents Bank Parcel Development Package Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Wayne, County Neuse River Basin 1.4 Introduction The Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel" or "Site") is proposed under the terms and conditions of the Weaver Farm Mitigation Banking Instrument, made and entered into on enter date by Restoration Systems, LLC, 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 0213 .0240, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295. The project encompasses 22.36 acres of agricultural land and includes three surface water conveyances with direct hydrologic connection to an unnamed tributary of Falling Creek in Wayne County, NC. The primary purpose of the Parcel is to provide riparian buffer mitigation credits to compensate for unavoidable buffer impacts in the 03020201 Hydrologic Unit Code (HUC) of the Neuse River Basin, excluding the Falls Lake Watershed. The Bank may also provide nutrient offset credits for stormwater requirements with new and existing development requiring nutrient offsets within the 03020201 HUC, excluding the Falls Lake Watershed (Figure 1, Appendix A). NCDWR representatives Katie Merritt and Chris Pullinger conducted an onsite determination for parcel applicability and suitability on February 21, 2017. A second visit was conducted with Chris Pullinger and Anthony Scarbraugh on March 2, 2017 (Appendix B). Restoration Systems, LLC (RS) will purchase the Parcel in fee simple. Per the referenced Mitigation Banking Instrument (MBI) above, RS has arranged the conveyance of the conservation easement to the North Carolina Wildlife Habitat Foundation (Appendix C). Transfer of the easement will be conducted prior to the release of Task 1 credits. 1.1 Project Location The Parcel is located approximately 2.1 miles north east of Grantham in Wayne County, NC. (Figure 1, Appendix A). The Parcel is located within the Neuse River Basin in the 14 -digit United States Geological Survey (USGS) Cataloging Unit 03020201170010 of the South Atlantic/Gulf Region (North Carolina Division of Water Quality [NCDWQ] Sub -basin Number 03-04-12) (Figure 1, Appendix A). Directions to Parcel: • Take 1-40 East out of Raleigh, Take Exit 341 for NC-50/NC-55 toward US-13/Newton Grove, At the traffic circle (1.3 miles), take the 4th exit onto US -13 N, 9.4 Miles Turn Left onto Weaver Rd., • 0.7 Miles Turn Right at Angie Drive, Parcel is located on the left. 1.2 Parcel Overview The Parcel encompasses 22.36 acres of agricultural land and includes three surface water conveyances with direct hydrologic connection to an unnamed tributary which connects offsite to Falling Creek near its confluence with Thoroughfare Creek. Currently, the Parcel is primarily active cattle pasture with portions Weaver Farm Bank Parcel Development Plan pg. 1 associated with a poultry operation (Figure 3— Appendix A). Cattle have unobstructed access to a majority of the Parcel's stream and agricultural ditches. Therefore, nearly all portions of the Parcels features are subject to hoof sheering and routine maintenance, resulting in a lack of stream stability, defined bed and bank, and woody vegetation. The poultry operation housed 28,000 turkeys across four houses. Each house sits on a compacted earthen floor. The State threshold to be considered a concentrated animal feeding operation for turkeys is 30,000 birds. Subsequently, a nutrient management plan was not required by the State. All pasture areas were subject to periodic broadcast application of poultry litter throughout the year to assist in fescue and winter wheat/rye production. NCDWR representatives Katie Merritt and Chris Pullinger conducted an onsite determination for parcel applicability and suitability on February 21, 2017 (Appendix B). A second visit was conducted by Chris Pullinger and Anthony Scarbraugh on March 2, 2017. A summary of parcel features is provided below. Table 1. Project Features Descriptions Feature Names Stream Type Buffer Credit Viability Nutrient Offset Viability* UT 2** Intermittent Yes Yes Feature 1 Ditch n/a Yes Feature 2 Ditch n/a Yes Feature 3 Ditch n/a Yes * Nutrient Offset Viable at 2,273.02 lbs. / acre (Per DWR Viability Letter 3-14-2017 — Appendix B) ** On DWR Assessment Feature Identified as UT2 2.0 Project Area — Current Conditions 2.1 Physiography The Parcel encapsulates a heavily modified headwater stream system within the Rolling Coastal Plain Ecoregion of North Carolina's Southeastern Plains. Regional physiography is characterized by broad inter - stream divides with gentle to steep side slopes dissected by numerous small, low to moderate gradient sandy bottomed streams and major river floodplains, associated terraces, and low gradient streams with sandy and silty substrates (Griffith et al. 2002). Elevations within the Parcel range from 106 — 95 feet National Geodetic Vertical Datum (NGVD). The Parcel provides water quality function to a 0.072 -square mile watershed at the Parcel outfall. The watershed is dominated by agricultural land, heavily disturbed wetlands, fringe forests, and impervious surfaces associated with the poultry operation — Figure 3 Appendix A. Surrounding area land use is primarily row -crop agriculture, with some low density residential housing and cattle pasture. 2.2 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 Wayne County report, the Parcel contains six soil series outlined in Table 2 below. For a detailed review of Parcel's soil please visit the NRCS report in Appendix D. Weaver Farm Bank Parcel Development Plan pg. 2 Table 2: Parcel Soils Map Unit Symbol Map Unit Name Hydric Soil Rating Js Johnston loam Yes KaA Kalmia loamy sand 0 to 2 percent slopes No NoA Norfolk loamy sand, 0 to 2 percent slopes No NoB Norfolk loamy sand, 2 to 6 percent slopes No To Torhunta loam Yes We Weston loamy sand (woodlington) Yes 2.3 Existing Vegetative Communities Livestock pasture and hay fields account for 68 percent of the Parcel's current land use. These areas are dominated by Fescue grass. Winter annuals (rye grain and winter wheat) are planted in pasture areas using no -till best management practices. Forests immediately adjacent to the Parcel have been heavily manipulated over the years and are mainly comprised of primary successional species, i.e. red maple (Acer rubrum), sweetgum (Liquidambarstyraciflua), and tulip poplar (Liriodendron tulipifera). Minimal amounts of invasive species have been documented on and adjacent to the Parcel and include Chinese privet (Ligustrum sinense) and multiflora rose (Rosa multiflora). A reference forest, located along Horse Branch Creek (1/4 of a mile west of the Parcel), was used to identify reference tree species. The reference forest is characterized by a basic oak — hickory forest and coastal plain bottomland hardwood floodplain species. Documented species include willow oak (Quercus phellos), red maple (Acer rubrum), sweetgum (Liquidambarstyraciflua), hackberry (Celtis laevigata), tulip tree (Liriodendron tulipifera), and American sycamore (Platanus occidentalis). Reference forest species, along with species identified in Classification of the Natural Communities of North Carolina: Third Approximation (Schafale, M.P. and A.S. Weakley. 1990) have been used to prepare a Reference Forest Ecosystem species list outline in the table below. Table 3: Reference Forest Ecosystem Basic Oak — Hickory Forest & Coastal Plain Bottomland Hardwoods (Brownwater) Canopy Species Understory Species Red maple (Acer rubrum) Red maple (Acer rubrum) River birch (Betula nigra) River birch (Betula nigra) American holly (Ilex opaca) Ironwood (Carpinus caroliniana) Sweetgum (Liquidambarstyraciflua) Coastal sweetpepperbush (Clethra alnifolia) Tulip poplar (Liriodendrum tulipifera) Dogwood (Cornus florida) Black gum (Nyssa biflora) Sourwood (Diospyros virginiana) Water oak (Quercus nigra) American holly (Ilex opoca) Swamp chestnut oak (Quercus michauxii) Virginia sweetspire (Itea virginica) Cherrybark oak (Quercus pagoda) Sweetgum (Liquidambor styracifluo) Willow oak (Quercus phellos) Tulip poplar (Liriodendrum tulipifera) Winged elm (Ulmus alota) Common sweetleaf (Symplocos tinctoria) American elm (Ulmus americana) Winged elm (Ulmus alato) Green ash (Fraxinus pennsylvanica) Highbush blueberry (Voccinium corymbosum) Weaver Farm Bank Parcel Development Plan pg. 3 2.4 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, and the potential for hydrologic trespass. 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 Q. In addition, any Parcel conditions that have the potential to restrict the restoration and implementation were documented during the field investigation. 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; 2.4.1 Threatened and Endangered Species 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.0 1531 et seq.). One species is federally listed for Wayne County by the United States Fish and Wildlife Service (USFWS) (USFWS 2008): red -cockaded woodpecker (Picoides borealis). Additionally, the bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act. Habitats for red -cockaded woodpecker and bald eagle are not present within the Parcel. In addition to the bald eagle and E, T, and P species, the USFWS list includes a category of species designated as "Federal Species of Concern" (FSC). A species with this designation is one that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). The FSC designation provides no federal protection under the ESA for the species listed. The nine FSC species listed on the current USFWS list are presented in Table 3 below. Table 4: USFWS FSC Species List Common Name Scientific Name American eel Anguilla rostrata Carolina madtom Noturus furiosus Pinewoods shiner Lythrurus matutinus Rafinesques big -eared bat Corynorhinus rafinesquii Southern hognose snake Heterodon simus Atlantic pigtoe Fusconaia mosoni Yellow lance Elliptio lanceolate Cuthbert turtlehead Chelone cuthbertii Pondspice Litsea aestivalis 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. Weaver Farm Bank Parcel Development Plan pg. 4 2.4.2 Cultural Resources 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 December of 2016 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 Web GIS Service (http://gis.ncdcr.govlhpowebA and the National Register of Historic Places GIS Search (https.11www.nps.govlmapslfull.html?mapld=7adl7cc9-b808-4ff8-a2f9-a99909164466) identified zero structures within the Parcel boundaries. or within 1 mile of the Parcel. 2.4.3 Air Transport Facilities No air transport facilities are located within 5 miles of the Parcel. 3.0 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 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 poultry litter, fertilizer, pesticides, and other agricultural materials into and adjacent to Parcel surface water conveyances 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 existing poultry houses and associated impervious surfaces, 2.) Removal of existing gravel roads, 3.) Removal of two culverts and replacement of one, 4.) Parcel -wide soil preparation, 5.) Livestock exclusion via fencing 6.) Riparian area restoration (replanting) extending from the top of bank (TOB) out 200' where applicable and, 7.) Parcel protection in perpetuity through a conservation easement. Restoration activates are planned to being in the summer of 2017 with planting occurring in December. The project timeline below includes restoration plan and project milestones. Weaver Farm Bank Parcel Development Plan pg. 5 Table 5: Project Schedule Activity / Milestone Date Parcel Protection via conservation easement June 2017 Cattle exclusion / fence construction June 2017 Removal of poultry houses / impervious surfaces June/July 2017 Soil preparation July through November 2017 Planting 12/2017 As -Built 01/2017 Year 1 monitoring 10/2018 Year 2 monitoring 10/2019 Year 3 monitoring 10/2020 Year 4 monitoring 10/2021 Year 5 monitoring 10/2022 Closeout Q1- 2023 3.1 Construction Activities (Figure 4) Three primary construction activities will occur onsite, 1.) Removal of existing poultry houses and the associated impervious surfaces, 2.) Removal of two culverts within the Parcel, and 3) replacement of one culvert outside of the Parcel. The poultry houses will be deconstructed with most of the material being recycled or repurposed by the landowner outside of the project boundaries. All material will be removed so that it is not located in or near the conservation easement. Upon the initial removal of the houses, the earthen floors and adjacent impervious roads will be disked, lifted, treated and allowed to reset during the 2017 growing season. Subsequent soil amendments may be required based on observations and possible soil tests between August and November in preparation for replanting in December of 2017. Two culverts will be removed along the un -named tributary labeled as UT 2 on Figure 5. 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. One culvert, located just outside of the easement at the top of Feature 1, will be replaced to ensure adjacent land use does not negatively affect the Parcel. In addition to stabilizing UT2, Feature 1 will receive ditch bank stabilization above the highwater mark. Heavy cattle use has created ruts within the ditch banks resulting in cut and Bluffing banks. This area will be graded at approximately a five to one (5:1) slope and where needed, matting will be installed to stabilize non-vegitated areas and areas of work. Where necessary, black willow live stakes will be used to naturally stabilize the banks for the long-term. Prior to planting, pasture areas and areas associated with poultry production, 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. In addition, subsurface hardpans will be eliminated to promote vegetation growth/survival and to increase groundwater recharge rates. Impacts to Waters of US as a result of construction activities are summarized in Table 6 below. Weaver Farm Bank Parcel Development Plan pg. 6 Table 6: Summary of Impacts Activity Location Temporary Impacts Reasoning Removal of Less than 25 I. ft. (Waters Culverts are no longer needed. Existing Culverts Un -named Tributary of the US) & 50 I. ft. of Removal will insure flow is not (2) Stream Bank impeded and reduce the risk of hydrologic trespassing. Existing Culvert Feature 1 (off-site) Less than 30 I. ft. Culvert is not properly working. Replacement 3.2 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: 11SACF — 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 I. ft. to stream beds and 500 I. ft. to stream banks. Attached in Appendix F for reference are USACE Nationwide Permits 13, Bank Stabilization, and 40, Agricultural Activities (http://www. saw. usace. arm y. millMissionslRequlatorV-Permit- ProgromIPermitsl2Ol7-Notionwide-Permitsl). NCDWR — Under no applicable USACE Permit do the construction activities summarized in Table 6 warrant a USACE permit or consultation. Parcel visits with NC DWR Staff were conduction on February 21, 2017 and March 2, 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 Thoroughfare Creek (Flood Insurance Rate Map [FIRM] NC, Panel 2566 & 2565 [Appendix F]). FEMA coordination/review is conducted at the county level. Regulated activities within mapped FEMA areas are discussed under Wayne County Ordinance Chapter 38 — Flood Prevention (https.11www.municode.com/librarylnclwayne county/codes/code of ordinances?nodeld=COO R CH38FLPR). Wayne 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. This was confirmed with Chip Crumpler, Wayne County Planning Director during a telephone conversation on April 11, 2017. In summary, the Parcel is located in FEMA Special Flood Hazard Area Zone AE and Zone X. Wayne County, NC does not prohibit plowing and/or planting trees in such an area and therefore, FEMA coordination is not required. Weaver Farm Bank Parcel Development Plan pg. 7 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. 3.3 Planting Plan Restoration of the riparian area allows for recolonization and expansion of characteristic species across the landscape. The riparian areas on both sides of 3 ditches (Features 1, 2 & 3) and one intermittent stream (UT2) will be restored in accordance to 15A NCAC 02B .0295. The planting plan for the entire riparian restoration area, includes planting bare root trees over 20.72 acres and live stakes for stream bank stabilization where necessary. Species composition will mimic reference forest data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations utilized in the proposed planting plan below include 1.) Basic Oak - Hickory Forest in non -hydric soil and upland areas and 2.) Coastal Plain Bottomland Hardwoods in hydric soil areas and adjacent Parcel features. 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 7. Table 7: Proposed Planting Plan by Species Vegetation Association: Basic Oak — Hickory Forest Coastal Plain Bottomland Hardwoods Acreage -13.72 acres -7 acres Species (bare root = BR) Number % of Total Planted BR Number % of Total Planted BR White oak (Quercus alba) - BR 2,750 Northern red oak (Quercus falcate) - BR 2,750 Tulip poplar (Liriodendron tulipifera) - BR 2,750 Green ash (Fraxinus pennsylvanica) - BR 2,750 Water oak (Quercus nigra) - BR 1,900 Willow oak (Quercus phellos) - BR 1,900 River birch (Betula nigra) - BR 1,900 Total (18,600) 11,000 7,600 Black willow (Salix nigra) — Live Stake as needed for stream bank stabilization Weaver Farm Bank Parcel Development Plan pg. 8 3.4 Easement Boundaries & Parcel Protection 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. The Grantor of the fee title of the Parcel to RS will construct a fence along the entire perimeter of the Parcel to NRCS standards to ensure cattle exclusion. The fence will be built on Grantors' land and it will be the responsibility of the Grantor to maintain the fence as long as adjacent land use to Parcel is pasture. 4.0 Monitoring and Maintenance Plan 4.1 Monitoring Protocol Restoration monitoring procedures for vegetation will monitor plant survival and species diversity. Quantitative sampling will include twenty two (22) 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 15t 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. 4.2 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 Neuse buffer as defined in 15A NCAC 02B .0233 by the DWR, could result in Neuse buffer violations and violations of the conservation easement. If necessary, the Sponsor will develop a species-specific control plan. 4.3 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 Weaver Farm Bank Parcel Development Plan pg. 9 the Parcel. The North Carolina Wildlife Habitat Foundation (NCWHF) has agreed to be the holder of the easement (Attachment C). The Sponsor will provide an endowment to NCWHF to hold and enforce the conservation easement and its interests, in perpetuity. 5.0 Financial Assurance As stated in the Restoration Systems' Weaver Farm Riparian Buffer and Nutrient Mitigation Banking Instrument, dated enter date 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. 6.0 Mitigation Potential DWR has determined the nitrogen nutrient abatement of restored riparian area to be 2,273.02 lbs. per acre. Riparian buffer credits will be measured by the hundredth of an acre and converted into square feet. The Parcel will generate 20.77 acres of restored riparian area within a 22.36 acre Parcel. The table below outlines the Parcel's components and mitigation credits to be generated within the difference riparian area zones. The Neuse riparian buffer mitigation credit generated along UT2 can be used for either riparian buffer credits or nutrient offset credits, but not both. Nutrient offset credits generated along the three ditches 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 2 credit ledgers. One ledger will account for buffer Restoration credits and one will account for Nitrogen nutrient offset credits. All mitigation credit assets shall be shown on these credit ledgers. Overall credit generation is detailed in Table 8 below and shown on Figure 5. Weaver Farm Bank Parcel Development Plan pg. 10 Table 8: Project Components and Mitigation Credits Buffer Zone Credit Type Mitigation Total Credit Credit per Total Credits Type Acreage Ratio Acre UT2 Zone A (TOB Riparian Buffer Restoration 3.09 1:1 43,560 sq. 134,600.4 sq. ft. to 50') ft./acre UT2 Zone B Riparian Buffer Restoration 2.99 1:1 43,560 sq. 130,244.4 sq. ft. (51' - 100') ft./acre Total Riparian Buffer 6.08 264,844.8 sq. ft. UT2 Zone C Nitrogen Restoration 5.24 n/a 2'273.02 11,910.62 lbs. (101' - 200) Ibs./acre Ditches Nitrogen Restoration 9.45 n/a 2,273.02 21,480.03 lbs. (TOB - 200') lbs./acre Total Nitrogen 14.64 33,390.65 lbs. 7.0 References Schafale, M. P. and Weakley, 1990. A Classification of the Natural Communities of North Carolina, Third Approximation. USDA, Soil Conservation Service, 1974. Soil Survey of Wayne County. Weaver Farm Bank Parcel Development Plan pg. 11 Appendix A: Figures and Photographs Figure 1— Parcel Location / Service Area Figure 2 — USGS Topography, NRCS Soil Survey, and Drainage Area Figure 3 — Current Conditions Figure 4 — Restoration Plan Figure 5 — Credit Determination Figure 6 — Surface Conveyance — Centerlines Parcel Photographs Weaver Farm Bank Parcel Development Plan Appendices I_ ' • Bulner ���/ _ • F:l b, P Ij ' 40 F Hil t -w u -iii u , 85-5 V )urhanT • LOUI4lAX9 / F 1y / Red 111- . -, 1�111ala h' Itl 110 I. rl- I,. I. II F.&-i,ll l ,ilr.l \�> Re-, r n 1y - Ani _ wlGldl II Sartrord / �'�� R ° 5.,42, f I-Alington Buies Colo Fy Creek j r Legend Emin Gu J; 0 FiP'XI.�Id!�II • F It 4a RESTORATION REST�RATIdN SYSTEMS ILLC W CET ' r 1/Q s Legend ��. CD WAYNE COUNTY, NORTH (Joins sheet 24) N WaB No.A Wac — — NoB N oA NoB �7o Wa8 f Nob � WaB Tr Waa We - alr r To j Bb R• B o We Lu NoA Wac KaA fff 111 Lu \ Wa8 J Lu o i KaD % ac e Lv ;�_ f Lu K Js Rus _ NoB is oA WaB KaE'--_JsLawe w / WaP 1 `n No Wac f ( Jo KaE Tr y Ke WaB Js KaD WaB II Wa6 U� JD f Tr 1 Lu / Ja I! 1 � �i Wa6 ■ N Ke Lv ■ ; ` _ No 102 We �.... in KaD Rua Ke is !�. RYB2 �. Lv Wa AuA �y Dr 8b Bb ! L LY �r� Bb Rub Lv RESTORATION SYSTEMS, LLC s ON :.. 4 -Al; _ Legend RESTORATION RESTORATION SYSTEMS I LLC �K� i Current Land Use Within DA RESTORATION RLSTOAATION SYSTEMS I LLC RESTORATION SYSTEMS, LLC RESTORAT[QN SYSTliMS I LLC t f � a, Buffer Zone Credit Type Mitigation Total Credit Credit per Total Credits Type Acreage Ratio Acre Total Riparian Buffer 6.08 264,844.8 sq. ft. Total Nitrogen 14.64 33,390.65 lbs. Legend ORiparian Buffer Mitigation Credit Nitrogen Offset Credit RESTORATION SYSTEMS, LLC RESTORAT[QN SYSTliMS I LLC RESTORAT[QN SYSTliMS I LLC CONTROL POINTS No. 5 REBARS WITH PLASTIC CAP FLUSH WITH GRADE CP 1: N = 566,378.9384' E = 2,260,027.6577' ELEV = 103.12' CP 2: N = 566,474.9288' E = 2,260,425.3697' ELEV = 100.22' GENERAL NOTES: '- \ ALL ELEVATIONS ARE REFERENCED STA 0+00.00 TO NAVD 1988. => E-2,259,978.64` ELEVATIONS WERE DERIVED FROM AN NGS OPUS -RS SOLUTION ON , — FEATURE 3 04/07/17. COORDINATES WERE DERIVED BEGINNING USING THE NCGS REALTIME OF FEATURE 3 END _3 NETWORK. STA 0+00.00 OF N-567,117.88' E-2,259,724.57' E-2,25063.37 FEATURE STA 3+04.82 N-566,869.86' \' I' r — FEATURE 1 O�O-o M i ,g} N.C.S.R. 1215 ' .a 'p OAq WEAVER ROAD (60' R/W-PUBLIC ' kGRAVEL -PAVED).:'`' 'DRIVE k2 deNIX sro 9 ,Wu�` 5688 U.S. Hwy. 70 East Goldsboro, NC 27534 919.751.0075 k2design@suddenlink.net END OF FEATURE 1 STA 5+34.88 N-566,869.86' E-2,259,863.37' FEATURE 2 BEGINNING ^ N-566,480.75' E-2,259,623.41' �� CARP ''% �p.•�FEssio•��iy�% C tiy, 9 SEAL L-4194 SURv. • O gSHL EY R�� /1� 11 1 1 1 00\\ IN -�_ BEGINNING OF F UNNAMED TRIB STA 0+00.00 N-566,869.86' E-2,259,863.37' END 4 OF FEATURE 2 STA 3+77.19 N-566,854.37' E-2,260,002.11' UNNAMED TRIB STA 1+40.08 N-566,854.37' F-2,260,002.11' FUTURE CONSERVATION EASEMENT FOR NORTH CAROLINA HABITAT FOUNDATION i END OF N-567,338.19' E-2,261,170.93' .` // -.•- UNNAMED T. TRIB 4 _ 7771 i� METALSHED ' r � (4) CHICKEN HOUSES TO BE REMOVED ? (TYPICAL) / BEGINNING OF FEATURE 2 STA 0+00.00 N-566,478.10,'.- E-2,259,978.64` SHEET 1 OF 4 PLAN AND PROFILE FOR RESTORATION SYSTEMS, LLC 10 OF THE WEAVER FARM BUFFER RESTORATION PROJECT GRANTHAM TOWNSHIP WAYNE COUNTY NORTH CAROLINA 200 100 0 200 400 600 GRAPHIC SCALE 1 " = 200' FEATURE 1 1 101 100 99 N N 0 0 M O r C) N + O O—� 17 ado —. O W O r O m O V O O N +co r _ O O _ CO 61 W O + i� O } n <n0 M M r O N O O O O O m + N i O O 04 I-- L6 + I N ID N cq V � co 100 r -_O rn + O O O N � ? N M OD _ � O LoN O O M N � W 00 O co O rn rn n u� N co + + p rn + + r- O O O + M O pj O n m N M m W r F + O O O + + M M N O + M 100 co7 co L6t W + 7 N 100 101 100 9898 1 0+00 1+00 2+00 3+00 4+00 5+00 6+00 HORIZONTAL SCALE: 1 "=100' VERTICAL SCALE: 1"=l' FEATURE 3 102 102 Lo N 100 101 100 9898 1 0+00 1+00 2+00 3+00 HORIZONTAL SCALE: 1"=100' VERTICAL SCALE: 1"=1' FEATURE 2 101 100 0 N 0 0 o 0 O r C) N + O +N 17 ado O W O r 0) m m N +co r _ O O W O + i� Q O M r O N O O O O + N i W O O 04 I-- L6 + I N ID N cq V � co 100 + 101 100 9898 1 0+00 1+00 2+00 3+00 HORIZONTAL SCALE: 1"=100' VERTICAL SCALE: 1"=1' FEATURE 2 101 100 0 101 100 9797 1 0+00 1+00 2+00 3+00 4+00 HORIZONTAL SCALE: 1 "=100' VERTICAL SCALE: 1"=1' CA+p��''i SEAL L-4194 ¢ i O Q° ,��FIl1114ti���' SHEET 2 OF 4 PLAN & PROFILE N O O N o O W Om i O + M OD O W co rn rn n 7 O � rn + N n m r 0 n O + + M M N O M 100 101 100 9797 1 0+00 1+00 2+00 3+00 4+00 HORIZONTAL SCALE: 1 "=100' VERTICAL SCALE: 1"=1' CA+p��''i SEAL L-4194 ¢ i O Q° ,��FIl1114ti���' SHEET 2 OF 4 PLAN & PROFILE '[\A CA l 5 � � SEAL =_ L-4194 a�yI1�po . �r 2� ..... . �,�StYLEY yON �' .\` 100 97 M. 95 94 0+00 1+00 2+00 HORIZONTAL SCALE: 1 "=100' VERTICAL SCALE: 1"=l' UNNAMED TRIBUTARY 3+00 4+00 5+00 6+00 7+00 100 C 97 9 95 ., U SHEET 3 OF 4 PLAN & PROFILE co m m co m o m 0 + O o co m co N _ N O 06 r*-� m m '° co L O r m O O + C', O co O N Or7 � � N N O + O r m N O Lo M rv m n w M (O M m N D r m N V m m r O r r 4 + � O + r m Ui m + M + � m V O co + co m + c I f7 N O m � r � m Lo "' r a m N r 3+00 4+00 5+00 6+00 7+00 100 C 97 9 95 ., U SHEET 3 OF 4 PLAN & PROFILE ����rrl�rrrrr�f �,�' .Cry CARa �•�, SEAL '. L-4194 os ASHLEY 0 ,/1rllrlltWo M. 95 94 93 CSL 91 90 7+00 8+00 9+00 HORIZONTAL SCALE: 1 "=100' VERTICAL SCALE: 1 "=1' UNNAMED TRIBUTARY 10+00 11+00 12+00 13+00 14+00 15+00 95 94 93 92 91 90 16+00 SHEET 4 OF 4 PLAN & PROFILE 00 a 0 M m 00 L{y N + W O Co M O + W O + cq M o O co N 0 + C', O to N M � O O 7 O r— M O N M N W M O +O N O N L0 + N M N N 00 W O W + O N O) —co It a M co + m N o �2O M W c0 T + M W M+ —00 N m (O + r C + Lo 10+00 11+00 12+00 13+00 14+00 15+00 95 94 93 92 91 90 16+00 SHEET 4 OF 4 PLAN & PROFILE - t?• Ate' �-' `� � � gid" ` � ii to �. ......_,:. �._�°�"sw ;^,-• _ 'a - - ��'' i �� a-- 'i .. , Weaver Farm BPDP Image 2: Un -named Tributary and Surface Water Conveyances 4/12/2017 Appendix B: NC DWR Correspondence Weaver Farm Bank Parcel Development Plan Appendices Water Resources ENVORONMENTAL OVAOTY March 15, 2017 Raymond Holz Restoration Systems, LLC 1101 Haynes St., Suite 211 Raleigh, NC 27607 (via electronic mail; rholz@restorationsystems.com) ROY COOPER MICHAEL S. REGAN S. JAY ZIMMERMAN Re: Site Viability for Buffer Mitigation & Nutrient Offset — Weaver Farm Site 453 Weaver Rd, Goldsboro NC Wayne County Dear Mr. Holz, On January 24, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from. Restoration Systems, LLC (RES), for a site visit near the above -referenced site in the 8 -digit Hydrologic Unit Code 03020201 of the Neuse River Basin to determine the potential for riparian buffer mitigation and nutrient offset. On February 21, 2017, Ms. Merritt performed a site assessment of the subject site, which is more accurately shown in the attached aerial initialed by Ms. Merritt on March I3, 2017. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to 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 15ub'ec Riparian Land uses of Buffer Credit zNutrient Offset Viable Mitigation Type Determination w/in riparian tto Feature areas at 2.273 Buffer O-200' Viable Rule lbsacre Pond Open Water No Actively grazed by cattle No No N/A (not inline) UT1 Wetland No Actively grazed by cattle No No N/A (starts at elevation 102.41) UT2 Stream Yes Mostly non -forested, Yes Yes Restoration Site per 15A NCAC 02B.0295 (n) dense in fescue and actively grazed by cattle. Partially contains poultry houses, maintained grass and turkey litter. (deemed agriculture land use by NCDWR) State of North Carolina I Environmental Quality i Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 607 6300 Weaver Farm Site Restoration Systems, LLC March 15, 2017 Feature Ditch (starts No Non -forested, dense in Yes Nutrient Offset - Restoration Site per 15A 1 at elevation fescue and actively grazed NCAC 02B.0295 (n) — requires minor repairs, 100.13) by cattle. stabilization and grading of ditch Elevations of ditch depths are affected by sediment Buffer Mitigation —Assessment concludes the deposition from long-term ditch meets 15A NCAC 02B .0295 (o)(8) (A, B, cattle access C & E) at this time. More information needed for complete assessment. Feature Ditch (starts at No Left Bank: Non -forested, Yes Nutrient Offset - Restoration Site per 15A 2 pipe orouna dense in fescue and NCAC 02B ,0295 (o)(n) elevation actively grazed by cattle 100.36) Right Bank: poultry Buffer Mitigation — Assessment concludes houses and grass (deemed the ditch meets 15A NCAC 02B .0295 (o)(8) agriculture land use by (A, B, C & E) at this time. More information NCDWR) needed for complete assessment. Feature Ditch (starts No Non -forested, dense in Yes Yes Nutrient Offset - Restoration Site per 15A 3 at elevation fescue and actively grazed NCAC 02B.0295 (o)(n) 101.15) by cattle Buffer Mitigation —Assessment concludes the ditch meets 15A NCAC 02B.0295 (o)(8) (A, B, C, D & E) at this time. More information needed for complete assessment. Feature Ditch No Partially non -forested and No No N/A (drains to wetland & floodploin) 4 (disappears at actively grazed by cattle; wood -line partially forested and not near elevation grazed by cattle 89.33 UT 3 Wetland No Closed canopy of native No No N/A hardwoods 'Subjectivity calls for the features were determined by DWR in correspondence dated March 8, 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 MRCS. Z NC Division of mater Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment Maps showing the project site, features and elevations were provided by RES and were initialed by Ms. Merritt on March 15, 2017. This letter should be provided in all stream, wetland and/or buffer mitigation plans for this Site. This letter does not constitute an approval of this site to generate 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, Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure 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. For any areas depicted as not being I'agc 213 Weaver Farm Site Restoration Systems, LLC March 15, 2017 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 according to 15A NCAC 02B .0240. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. Sincerely, kolm Karen Higgins, Supervisor 401 and Buffer Permitting Branch K.AH/km Attachments: Site Aerial map prepared by RS, Lidar elevation reap prepared by RS cc: File Copy (Katie Merritt) lElE yy'. m a � a •R � N iita Water Resources Environmental Quality March 8, 2017 Jerry Mack Weaver 453 Weaver Road Goldsboro, North Carolina 27530 ROY COOPER Governor MICHAEL S. REGAN Secretary, S. JAY ZIMMERMAN Director 17-0110 WAYNE County Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 028 .0233) Subject Property/ Project Name: Weaver Farm Address/Location: 453 Weaver Road; Goldsboro, North Carolina. Northeast of Grantham, NC, between US HWY 13 S and Old Grantham Road (SR 1219) Stream(s) Evaluated: 3 (8 total features) Determination Date: 02/21/ 2017 and 03/02/2017 Staff: Chris Pullinger, Anthony 5carbraugh Determination Type: Buffer: Stream: ® Neuse (15A NCAC 02B.0233) ® Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 02B.0259) Soil ❑ Catawba (15A NCAC 02B.0243) name/lD ❑ Jordan (15A NCAC 02B.0267) (governmental Subject and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B.0250) Survey ❑ Goose Creek (15A NCAC 02B.0605-.0608) Pond Feature Feature type/detail Not Subject Start@ Stop@ Soil USGS name/lD Subject Survey Topo Pond Open water (not in-line) x x x UT 1 wetland x below pond property x x boundary UT 2 intermittent stream x Feature 3 property X x confluence boundary Feature 1 ditch x see map UT 2 origin x Feature 2 ditch pipe UT2 confluence Feature 3 ditch UT2 see map confluence Feature 4 ditch see map tree line UT3 wetland x see map property x boundary *E111P = Ephemerolllntermittent/Perennial — ---Nothing Compares', State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Orations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 The Division of Water Resources has determined that the streams listed above and included on the attached map have been located on the most recent published NRCS Soil Survey of Pitt County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian Buffer Rule. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or not present on the property. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: c/o Karen Higgins DWR — 401 & Buffer Permitting Unit 1617 Mail Service Cen ter Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): % Koren Higgins DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Roleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910)-251-4629. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3922, Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy LASERFICHE Raymond Holz; Restoration Systems, LLC. (via e-mail: rholz@restorationsystems.com) Katie Merritt, (via e-mail: katie.merritt@ncdenr.gov) i2lS� �`•_,_ _--rte *' • 7 Al' / 3 4t NOM cwdtns Envy Management Cornmission Division d Water Rwm=" v,�� Bash Beset Gate RWavred by C►.t. � C.� 11,`,y�s Lv r UT ` Porltl Feature 3 -fUT 2 orifi n Feature t _ 'Feature 2 -UT 3 Mm - F41016 4 .I G) 0 0 6� 0 CIL CD AW -n ID CD w I --I 0 0 10 ;:p 120 r. N606 r-FLO Appendix C: Conservation Easement & NCWHF Acceptance Letter Upon approval of the Weaver Farm BPDP and prior to the release of Task 1 credits, RS will provide to the Division, a Division approved, exectuded conservation easement. Weaver Farm Bank Parcel Development Plan Appendices Tracy Brooks Chairman upeen:0m, NC Tea..-.. K.ery Vice Ch.irrn..zi Burlington, NC John I lagan Secretary GreensMre, NC Do-:d M-zrpi:y 11 Tre:..,u.-ar Grecnsb.rn, NC Lddie Bri'ugcs Executive Director Gr_ensboro, rZ 7�... Barry. Gte.-..abet., NC S..ndy Brudy Greensboro, NC Roek'y Carter S%%anslior., NC Tenn:e D.-- is Cli... x,. NC Johnny Dinkins Greensboro, NC Greg Lr%%in R;.la:gh, NC Gary Gmh..- S;immerl,eld, NC Greg rlarrell tcelusvihe, NC K,tlly H-.—.'ill Green:bora, NC S'-It I lelli m— Greensbrro, NC Maurice dull Hign Point, NC .Tall Ma-.tg.tnzry line.-.a6ot., NC M:uk Rwfir. Greensboro, N7 Allen Sharpe GrreR:bore, NC Kehelle Sharpe Greeasbora, NC Tobe Sherrill Greensboro, LIC I'I:.rrieee Sw-!an R�:dN-ilia, NC ?73_0 Will Sir Yat.. GreCnsbc;ro, NC Richard Vanore, Jr. Greensboro, NC April 19, 2017 LLC Worth Creech 1101 Hay..es Street Ste. 111 Raleigh, NC 27604 Re: Weaver Nutrient Site This letter on Behalf of the North Carolina Wildlife Habitat Foundation is in regards to the Weaver Farm project in Wayne t-ounty. We have reviewed the provided project documents for this site and believe that the completed project will provide real and lasting benefits to wilalite habitat. Since the project aligns with the mission and interests .f the NCWHF, o,:.. tp the fall...:.a� .ol.: Easenae..t nolde. fo. a peapetual c.n.se. vation. case ... ent on this site. This offer is subject to hnal review ana acceptance of easement terms. the requires endowment fee is $20;000. The NCWHF appreciates the opportunity to serve in this way, which is consistent with both our existing easement stewardship program and our Broader mission. This proposal is with the understanding that the current monitoring and reporting efforts of the NCWHF cas.ment holdin5 program meet the standards requir.d b, USACE foa s. --'-- as . -:-6as Easement Holger and Long Term JtewarU. As always, the endowment fees I{required for th... Jir= YY ill b= held find .ilY=Dred U= d...G to bCJt t is=r.CCJ fo ]1C YY 4Lld ]hlV Fz..d.. The tunas will be usea for ongoing monitoring of this specific site as well as any legal costs which may arise from efforts to resolve specific violations of the easement terms. the fees listed here are subject to a favorable review of he final conservation easement document, boundaries, and details. there are a few other standard requirements as well. The Developer will be responsible for installing standard NCWHF easement signage at the site. the Developer must also keep NCWHF informed of progress on the project, P.O. Box 29187 • Greensboro, NC /— i a i (336) 375-4994 • www.ncwlif.org Trucy Br,,..ks Chairman GrccnsQoro, NC I��na K-ury Visa i ttoi....ar. Be.lingim.. NC 1..hn liWga, Seerciary GreensU_uro, NC David Murpny 11 T.-e:...zrep Gmenn-bore, Ni Eddie l3ridges Exccurive Dim,t. Greensboro, N7 Tom Berry Gtraea:;bopv, NC Swndy Bn dy GrCCR3bare, NC Ru.1.-' Carter Swansuoro, ,NC Tonnia uavis CIL-7, CVL Johnny ll.nki.,s Greensboro, NC Greg rrwin Raleigtti. iNC G-Py Gmilm Som-ert:eld, NC Greg I larmil Reidsville, NC Melly Harrill uralnsllor-, NC 5�aa Eleltr a- Graf7..,6o7-0, NC Maurice I-lull riign Point, iNC Jell Montgomery Greennb.m, NC ML.k Ref%n Greensboro, NC Allen Sharpe Greensboro. NC M:=hells Sharpe Greennnbere, NC T be She. ill Greensbur.., NC Ilarrison Ste%%art R±idsvilla, NC=7.3=t3 Will Ste-ort Greenbfrb. NC Richa,d Vanurd, J, Greensboro, NC both :.. ia.a ...o...to.ing rh....c— At ...u,t p.t, ide hansott serails to facilitate continues NUWHF monitoring of the easement. Sincerely, W Harrison Stewart; Jr. NCW/HF, CP..,,. war.,_ Ea,,,.«,.a C ..,.:ra« Cha:, P.O. Box 29187 • Greensboro, NC 27429-9187 �S�s) .S /�-Ziy`J�{ � •Y-yY.11GYYI1I.OrL." Appendix D: NRCS Web Soil Report Weaver Farm Bank Parcel Development Plan Appendices USDA United States Department of Agriculture NRCS Natural Resources Conservation Service 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 Wayne County, North Carolina Weaver Farm April 14, 2017 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.nres.usda.gov/wps/ portal/nres/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=nres) or your NRCS State Soil Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nres142p2_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 SoilMap.................................................................................................................. 8 SoilMap................................................................................................................9 Legend................................................................................................................10 MapUnit Legend................................................................................................ 11 MapUnit Descriptions.........................................................................................11 Wayne County, North Carolina........................................................................13 KaA—Kalmia loamy sand, 0 to 2 percent slopes ........................................ 13 NoA—Norfolk loamy sand, 0 to 2 percent slopes........................................14 NoB—Norfolk loamy sand, 2 to 6 percent slopes........................................15 We—Weston loamy sand(Woodington)..................................................... 16 References............................................................................................................19 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 Custom Soil Resource Report 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 0 Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 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. 0 iV W n 5� 760860 35° 18' 22" N O O 93 1 93 g 35° 18'9" N � 760860 760930 761000 761070 761140 3 N Map Scale: 1:3,010 f printed on A landscape (11" x 8.5") sheet. Meters N 0 40 80 160 240 Feet 0 100 200 400 600 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 9 Custom Soil Resource Report Soil Map 760930 761000 761070 761140 761210 761280 761350 761420 W r 761490 35° 18' 22" N E o_ 93 761210 761280 761350 761420 R F3 N_ 93 o_ 35° 18'9nN 761490 3 ip N i" MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Spoil Area The soil surveys that comprise your AOI were mapped at Soil Map Unit Polygons im N Soil Map Unit Lines 0 Soil Map Unit Points Special Point Features {o) Blowout Warning: Soil Map may not be valid at this scale. Borrow Pit Wet Spot Clay Spot 0 Closed Depression Gravel Pit Enlargement of maps beyond the scale of mapping can cause Gravelly Spot Other Landfill misunderstanding of the detail of mapping and accuracy of soil Lava Flow Special Line Features Marsh or swamp line placement. The maps do not show the small areas of Mine or Quarry Miscellaneous Water (D Perennial Water Rock Outcrop Saline Spot Sandy Spot ,_=j� Severely Eroded Spot s Sinkhole Rails Slide or Slip ,•,.r Sodic Spot Custom Soil Resource Report MAP INFORMATION 10 This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Wayne County, North Carolina Survey Area Data: Version 14, Sep 20, 2016 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 20, 2010—Mar 17. 2011 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. Spoil Area The soil surveys that comprise your AOI were mapped at 1:20,000. Stony Spot Very Stony Spot Warning: Soil Map may not be valid at this scale. i Wet Spot Enlargement of maps beyond the scale of mapping can cause Other misunderstanding of the detail of mapping and accuracy of soil .� Special Line Features line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed Water Features scale. Streams and Canals Transportation Please rely on the bar scale on each map sheet for map Rails measurements. ,•,.r Interstate Highways Source of Map: Natural Resources Conservation Service US Routes Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Major Roads Local Roads Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts Background distance and area. A projection that preserves area, such as the Aerial Photography Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. 10 This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Wayne County, North Carolina Survey Area Data: Version 14, Sep 20, 2016 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 20, 2010—Mar 17. 2011 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 Map Unit Legend Wayne County, North Carolina (NC191) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI KaA Kalmia loamy sand, 0 to 2 percent slopes 3.5 15.8% NoA Norfolk loamy sand, 0 to 2 percent slopes 3.8 2.5 16.9% NoB Norfolk loamy sand, 2 to 6 percent slopes 11.2% We Weston loamy sand (Woodington) Totals for Area of Interest 12.5 56.1% 22.4 100.0% 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 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. 11 Custom Soil Resource Report 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. 12 Custom Soil Resource Report Wayne County, North Carolina KaA—Kalmia loamy sand, 0 to 2 percent slopes Map Unit Setting National map unit symbol: 3wyn 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: All areas are prime farmland Map Unit Composition Kalmia and similar soils: 85 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Kalmia Setting Landform: Stream terraces Landform position (three-dimensional): Tread Down-slope shape: Convex Across -slope shape: Convex Parent material: Loamy alluvium over sandy alluvium Typical profile Ap - 0 to 8 inches: loamy sand E - 8 to 12 inches: loamy sand B - 12 to 32 inches: sandy clay loam 2C - 32 to 80 inches: loamy 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: 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 40 to 72 inches Frequency of flooding: Rare 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): 1 Hydrologic Soil Group: B Hydric soil rating: No 13 Custom Soil Resource Report NoA—Norfolk loamy sand, 0 to 2 percent slopes Map Unit Setting National map unit symbol: 2v75w Elevation: 10 to 330 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 Norfolk and similar soils: 83 percent Minor components: 17 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Norfolk Setting Landform: Flats on marine terraces, broad interstream divides on marine terraces Landform position (three-dimensional): Talf Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Loamy marine deposits Typical profile Ap - 0 to 8 inches: loamy sand E - 8 to 14 inches: loamy sand Bt - 14 to 65 inches: sandy clay loam BC - 65 to 80 inches: sandy clay loam Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained 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 40 to 72 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 6.9 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 1 Hydrologic Soil Group: A Hydric soil rating: No Minor Components Goldsboro Percent of map unit: 9 percent Landform: Flats on marine terraces, broad interstream divides on marine terraces 14 Custom Soil Resource Report Landform position (three-dimensional): Talf Down-slope shape: Linear Across -slope shape: Linear Hydric soil rating: No Wagram Percent of map unit: 8 percent Landform: Ridges on marine terraces, broad interstream divides on marine terraces Landform position (two-dimensional): Summit, shoulder Landform position (three-dimensional): Crest, talf Down-slope shape: Convex Across -slope shape: Convex Hydric soil rating: No NoB—Norfolk loamy sand, 2 to 6 percent slopes Map Unit Setting National map unit symbol: 2v75y Elevation: 30 to 450 feet Mean annual precipitation: 38 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 Norfolk and similar soils: 83 percent Minor components: 17 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Norfolk Setting Landform: Flats on marine terraces, broad interstream divides on marine terraces Landform position (three-dimensional): Talf Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Loamy marine deposits Typical profile Ap - 0 to 8 inches: loamy sand E - 8 to 14 inches: loamy sand Bt - 14 to 65 inches: sandy clay loam BC - 65 to 80 inches: sandy clay loam Properties and qualities Slope: 2 to 6 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) 15 Custom Soil Resource Report Depth to water table: About 40 to 72 inches Frequency of flooding: None Frequency of ponding: None Available water storage in profile: Moderate (about 6.9 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 2e Hydrologic Soil Group: A Hydric soil rating: No Minor Components Wagram Percent of map unit: 10 percent Landform: Ridges on marine terraces, broad interstream divides on marine terraces Landform position (two-dimensional): Summit, shoulder Landform position (three-dimensional): Riser, rise Down-slope shape: Linear, convex Across -slope shape: Convex Hydric soil rating: No Goldsboro Percent of map unit: 7 percent Landform: Flats on marine terraces, broad interstream divides on marine terraces Landform position (three-dimensional): Talf Down-slope shape: Linear Across -slope shape: Linear Hydric soil rating: No We—Weston loamy sand (Woodington) Map Unit Setting National map unit symbol: 3wzp 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 Woodington, drained, and similar soils: 80 percent Woodington, undrained, and similar soils: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Woodington, Drained Setting Landform: Depressions on marine terraces, flats on marine terraces, broad interstream divides on marine terraces 16 Custom Soil Resource Report Down-slope shape: Linear Across -slope shape: Concave Parent material: Loamy marine deposits Typical profile Ap - 0 to 4 inches: loamy sand E - 4 to 12 inches: loamy sand Btg - 12 to 47 inches: sandy loam Cg - 47 to 85 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 low 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: None Frequency of ponding: None Available water storage in profile: Moderate (about 7.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 3w Hydrologic Soil Group: A/D Hydric soil rating: Yes Description of Woodington, Undrained Setting Landform: Depressions on marine terraces, flats on marine terraces, broad interstream divides on marine terraces Down-slope shape: Linear Across -slope shape: Concave Parent material: Loamy marine deposits Typical profile A - 0 to 4 inches: loamy sand E - 4 to 12 inches: loamy sand Btg - 12 to 47 inches: sandy loam Cg - 47 to 85 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 low 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: None Frequency of ponding: None Available water storage in profile: Moderate (about 7.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6w 17 Custom Soil Resource Report Hydrologic Soil Group: A/D Hydric soil rating: Yes 18 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.nres.usda.gov/wps/portal/ nres/detail/national/soils/?cid=nres142p2_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.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nresl42p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_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.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nres142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 19 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430 -VI. http://www.nres.usda.gov/wps/portal/ nres/detail/soils/scientists/?cid=nres142p2_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.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid=nres142p2_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/lnternet/FSE—DOCUMENTS/nrcsl42p2_052290.pdf 20 Appendix E: Environmental Data Resources Inc. — Environmental Records Report Weaver Farm Bank Parcel Development Plan Appendices Weaver Farm 440 Weaver Rd Goldsboro, NC 27530 Inquiry Number: 4903008.2s April 10, 2017 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 (rEDR www.edrnet.com FORM -PBA -CCA TABLE OF CONTENTS SECTION PAGE Executive Summary ES1 Overview Map----------------------------------------------------------- 2 DetailMap-------------------------------------------------------------- 3 Map Findings Summary 4 MapFindings------------------------------------------------------------ 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 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 2017 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. TC4903008.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 440 WEAVER RD GOLDSBORO, NC 27530 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 35.3040940 - 35° 18' 14.73" 78.1272970 - 78° 7'38.26" Zone 17 761208.1 3910354.5 100 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Version Date: East Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 5947410 GRANTHAM, NC 2013 5948626 SOUTHWEST GOLDSBORO, NC 2013 Portions of Photo from: 20141018 Source: USDA TC4903008.2s EXECUTIVE SUMMARY 1 Target Property Address: 440 WEAVER RD GOLDSBORO, NC 27530 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND MAPPED SITES SUMMARY DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 4903008.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL National Priority List Proposed NPL---------------- Proposed National Priority List Sites NPL LIENS Federal Superfund Liens Federal Delisted NPL site list Delisted NPL National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY---------. Federal Facility Site Information listing SEMS Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS -ARCHIVE Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS------------------ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG------------------ RCRA - Small Quantity Generators RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls /engineering controls registries LUCIS Land Use Control Information System US ENG CONTROLS --------- Engineering Controls Sites List TC4903008.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL_ _ _ _ _ _ _ _ _ _ Sites with Institutional Controls Federal ERNS list ERNS Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS------------------------ Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF List of Solid Waste Facilities OLI Old Landfill Inventory State and tribal leaking storage tank lists LUST ------------------------- Regional UST Database LAST Leaking Aboveground Storage Tanks INDIAN LUST Leaking Underground Storage Tanks on Indian Land LUST TRUST ----------------- State Trust Fund Database State and tribal registered storage tank lists FEMA UST Underground Storage Tank Listing UST Petroleum Underground Storage Tank Database AST__________________________ AST Database INDIAN UST Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites INDIAN VCP ------------------ Voluntary Cleanup Priority Listing VCP Responsible Party Voluntary Action Sites State and tribal Brownfields sites BROWNFIELDS Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS__________ A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites HIST LF Solid Waste Facility Listing TC4903008.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY SWRCY______________________ Recycling Center Listing INDIAN ODI Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations ODI-------------------------- Open Dump Inventory IHS OPEN DUMPS Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register US CDL______________________ National Clandestine Laboratory Register Local Land Records LIENS 2 CERCLA Lien Information Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System SPILLS_______________________ Spills Incident Listing IMD Incident Management Database SPILLS 90 SPILLS 90 data from FirstSearch SPILLS 80 -------------------- SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR RCRA - Non Generators / No Longer Regulated FUDS Formerly Used Defense Sites DOD_________________________ Department of Defense Sites SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST ------------ EPA WATCH LIST 2020 COR ACTION 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS_________________________ Toxic Chemical Release Inventory System SSTS Section 7 Tracking Systems ROD Records Of Decision RMP_________________________ Risk Management Plans RAATS RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS________________________ PCB Activity Database System ICIS Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS Material Licensing Tracking System COAL ASH DOE Steam -Electric Plant Operation Data COAL ASH EPA-------------- Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS___________________ FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees INDIAN RESERV_____________ Indian Reservations FUSRAP Formerly Utilized Sites Remedial Action Program UMTRA Uranium Mill Tailings Sites LEAD SMELTERS ------------ Lead Smelter Sites TC4903008.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US AIRS--------------------- Aerometric Information Retrieval System Facility Subsystem US MINES -------------------- Mines Master Index File FINDS Facility Index System/Facility Registry System UXO -------------------------- Unexploded Ordnance Sites DOCKET HWC Hazardous Waste Compliance Docket Listing COAL ASH Coal Ash Disposal Sites DRYCLEANERS-------------- Drycleaning Sites Financial Assurance Financial Assurance Information Listing NPDES NPDES Facility Location Listing UIC--------------------------- Underground Injection Wells Listing ABANDONED MINES Abandoned Mines ECHO Enforcement & Compliance History Information FUELS PROGRAM----------- EPA Fuels Program Registered Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historic Gas Stations EDR Hist Cleaner_ _ _ _ _ _ _ _ _ _ _ _ . EDR Exclusive Historic Dry Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC4903008.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC4903008.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 4903008.2S This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz Goldsboro NC 27530 INQUIRY #: 4903008.2s LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:08 am Copyright (o 2017 EDR, Inc. uz 2015 TomTom Rel. 2015. Target Property o a 1/2sues A, Sites at elevations higher than or equal to the target property Indian Reservations BIA Hazardous Substance � Sites at elevations lower than Disposal Sites 100 -year flood zone the target property 0 500 -year flood zone 1 Manufactured Gas Plants 0 National Wetland Inventory El National Priority List Sites Dept. Defense Sites 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz Goldsboro NC 27530 INQUIRY #: 4903008.2s LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:08 am Copyright (o 2017 EDR, Inc. uz 2015 TomTom Rel. 2015. 7 9 0 DETAIL MAP - 4903008.2S 7- r 0 1/16 1/9 1/4 Miles 0 Indian Reservations BIA Hazardous Substance 0 100 -year flood zone Disposal Sites 0 500 -year flood zone National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz Goldsboro NC 27530 INQUIRY #: 4903008.2s LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:11 am Copyright (o 2017 EDR, Inc. (c) 2015 TornToro Rel. 2016. Target Property A, Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property A Manufactured Gas Plants r Sensitive Receptors National Priority List Sites Dept. Defense Sites DETAIL MAP - 4903008.2S 7- r 0 1/16 1/9 1/4 Miles 0 Indian Reservations BIA Hazardous Substance 0 100 -year flood zone Disposal Sites 0 500 -year flood zone National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz Goldsboro NC 27530 INQUIRY #: 4903008.2s LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:11 am Copyright (o 2017 EDR, Inc. (c) 2015 TornToro Rel. 2016. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCUS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS -ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LUST 0.500 0 0 0 NR NR 0 TC4903008.2s Page 4 Database MAP FINDINGS SUMMARY Search Distance Target Total (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted LAST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 LUST TRUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists US HIST CDL TP US CDL TP Local Land Records 0 FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control / engineering control registries INST CONTROL 0.500 State and tribal voluntary cleanup sites INDIAN VCP 0.500 VCP 0.500 State and tribal Brownfields sites BROWNFIELDS 0.500 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 US BROWNFIELDS 0.500 Local Lists of Landfill/ Solid Waste Disposal Sites NR HIST LF 0.500 SWRCY 0.500 INDIAN ODI 0.500 DEBRIS REGION 9 0.500 ODI 0.500 IHS OPEN DUMPS 0.500 Local Lists of Hazardous waste / Contaminated Sites 0 US HIST CDL TP US CDL TP Local Land Records 0 LIENS 2 TP Records of Emergency Release Reports HMIRS TP SPILLS TP I M D 0.500 SPILLS 90 TP SPILLS 80 TP Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 NR NR NR 0 TC4903008.2s Page 5 MAP FINDINGS SUMMARY QCa:IRUN NE9.16.1& 91,0LH,1w1=1919E-7DR EDR Exclusive Records Search EDR MGP 1.000 0 Distance Target 0 0 NR 0 EDR Hist Auto 0.125 Total Database (Miles) Property < 1/8 1/8 - 1/4 1/4-1/2 1/2 - 1 > 1 Plotted FUDS 1.000 0 0 0 0 NR 0 DOD 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0 US FIN ASSUR TP NR NR NR NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0 2020 COR ACTION 0.250 0 0 NR NR NR 0 TSCA TP NR NR NR NR NR 0 TRIS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ROD 1.000 0 0 0 0 NR 0 RMP TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 PRP TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 DOT OPS TP NR NR NR NR NR 0 CONSENT 1.000 0 0 0 0 NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 FUSRAP 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 LEAD SMELTERS TP NR NR NR NR NR 0 US AIRS TP NR NR NR NR NR 0 US MINES 0.250 0 0 NR NR NR 0 FINDS TP NR NR NR NR NR 0 UXO 1.000 0 0 0 0 NR 0 DOCKET HWC TP NR NR NR NR NR 0 COAL ASH 0.500 0 0 0 NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 Financial Assurance TP NR NR NR NR NR 0 NPDES TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0 ABANDONED MINES 0.500 0 0 0 NR NR 0 ECHO TP NR NR NR NR NR 0 FUELS PROGRAM 0.250 0 0 NR NR NR 0 QCa:IRUN NE9.16.1& 91,0LH,1w1=1919E-7DR EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 EDR Hist Auto 0.125 0 NR NR NR NR 0 EDR Hist Cleaner 0.125 0 NR NR NR NR 0 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS TP NR NR NR NR NR 0 TC4903008.2s Page 6 Database RGA LF RGA LUST - Totals -- MAP FINDINGS SUMMARY Search Distance Target (Miles) Property TP TP 0 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC4903008.2s Page 7 Total < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 0 0 0 TC4903008.2s Page 7 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number NO SITES FOUND TC4903008.2s Page 8 Count: 0 records. ORPHAN SUMMARY City EDR ID Site Name Site Address Zip Database(s) NO SITES FOUND TC4903008.2s Page 9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Number of Days to Update: Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public. STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 12/05/2016 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 29 NPL Site Boundaries Source: EPA Telephone: N/A Last EDR Contact: 04/07/2017 Next Scheduled EDR Contact: 07/17/2017 Data Release Frequency: Quarterly Sources: EPA's Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 Telephone 617-918-1143 EPA Region 3 Telephone 215-814-5418 EPA Region 4 Telephone 404-562-8033 EPA Region 5 Telephone 312-886-6686 EPA Region 10 Telephone 206-553-8665 EPA Region 6 Telephone: 214-655-6659 EPA Region 7 Telephone: 913-551-7247 EPA Region 8 Telephone: 303-312-6774 EPA Region 9 Telephone: 415-947-4246 Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 12/05/2016 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 29 Source: EPA Telephone: N/A Last EDR Contact: 04/07/2017 Next Scheduled EDR Contact: 07/17/2017 Data Release Frequency: Quarterly NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. Date of Government Version: 10/15/1991 Date Data Arrived at EDR: 02/02/1994 Date Made Active in Reports: 03/30/1994 Number of Days to Update: 56 Source: EPA Telephone: 202-564-4267 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned TC4903008.2s Page GR -1 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Federal Delisted NPL site list Delisted NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 12/05/2016 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 29 Federal CERCLIS list Source: EPA Telephone: N/A Last EDR Contact: 04/07/2017 Next Scheduled EDR Contact: 07/17/2017 Data Release Frequency: Quarterly 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: 04/07/2017 Next Scheduled EDR Contact: 07/17/2017 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: 10/10/2016 Date Data Arrived at EDR: 10/20/2016 Date Made Active in Reports: 01/06/2017 Number of Days to Update: 78 Federal CERCLIS NFRAP site list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 03/02/2017 Next Scheduled EDR Contact: 05/01/2017 Data Release Frequency: Quarterly SEMS -ARCHIVE: Superfund Enterprise Management System Archive TC4903008.2s 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: 10/10/2016 Date Data Arrived at EDR: 10/20/2016 Date Made Active in Reports: 01/06/2017 Number of Days to Update: 78 Federal RCRA CORRACTS facilities list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 03/02/2017 Next Scheduled EDR Contact: 05/01/2017 Data Release Frequency: Quarterly CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Federal RCRA non-CORRACTS TSD facilities list Source: EPA Telephone: 800-424-9346 Last EDR Contact: 03/02/2017 Next Scheduled EDR Contact: 04/10/2017 Data Release Frequency: Quarterly RCRA-TSDF: RCRA - Treatment, Storage and Disposal RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Federal RCRA generators list Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/02/2017 Next Scheduled EDR Contact: 04/10/2017 Data Release Frequency: Quarterly RCRA-LQG: RCRA - Large Quantity Generators RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/02/2017 Next Scheduled EDR Contact: 04/10/2017 Data Release Frequency: Quarterly TC4903008.2s 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: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/02/2017 Next Scheduled EDR Contact: 04/10/2017 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: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/02/2017 Next Scheduled EDR Contact: 04/10/2017 Data Release Frequency: Varies 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: 12/28/2016 Date Data Arrived at EDR: 01/04/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 93 Source: Department of the Navy Telephone: 843-820-7326 Last EDR Contact: 02/13/2017 Next Scheduled EDR Contact: 05/29/2017 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: 11/15/2016 Date Data Arrived at EDR: 11/29/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 66 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 02/28/2017 Next Scheduled EDR Contact: 06/12/2017 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: 11/15/2016 Date Data Arrived at EDR: 11/29/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 66 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 02/28/2017 Next Scheduled EDR Contact: 06/12/2017 Data Release Frequency: Varies TC4903008.2s 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: 09/26/2016 Source: National Response Center, United States Coast Guard Date Data Arrived at EDR: 09/29/2016 Telephone: 202-267-2180 Date Made Active in Reports: 11/11/2016 Last EDR Contact: 03/29/2017 Number of Days to Update: 43 Next Scheduled EDR Contact: 07/10/2017 Data Release Frequency: Annually State- and tribal - equivalent NPL HSDS: Hazardous Substance Disposal Site Locations of uncontrolled and unregulated hazardous waste sites. The file includes sites on the National Priority List as well as those on the state priority list. Date of Government Version: 08/09/2011 Source: North Carolina Center for Geographic Information and Analysis Date Data Arrived at EDR: 11/08/2011 Telephone: 919-754-6580 Date Made Active in Reports: 12/05/2011 Last EDR Contact: 03/09/2017 Number of Days to Update: 27 Next Scheduled EDR Contact: 05/08/2017 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: 10/07/2016 Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 12/15/2016 Telephone: 919-508-8400 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 03/15/2017 Number of Days to Update: 81 Next Scheduled EDR Contact: 06/26/2017 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: 11/17/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/28/2016 Telephone: 919-733-0692 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 03/31/2017 Number of Days to Update: 70 Next Scheduled EDR Contact: 07/10/2017 Data Release Frequency: Semi -Annually OLI: Old Landfill Inventory Old landfill inventory location information. (Does not include no further action sites and other agency lead sites). Date of Government Version: 08/08/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 01/17/2017 Telephone: 919-733-4996 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 01/10/2017 Number of Days to Update: 50 Next Scheduled EDR Contact: 04/24/2017 Data Release Frequency: Varies TC4903008.2s Page GR -5 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING State and tribal leaking storage tank lists LUST: Regional UST Database This database contains information obtained from the Regional Offices. It provides a more detailed explanation of current and historic activity for individual sites, as well as what was previously found in the Incident Management Database. Sites in this database with Incident Numbers are considered LUSTs. Date of Government Version: 11/07/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 11/09/2016 Telephone: 919-733-1308 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 02/08/2017 Number of Days to Update: 117 Next Scheduled EDR Contact: 05/22/2017 Data Release Frequency: Quarterly LAST: Leaking Aboveground Storage Tanks A listing of leaking aboveground storage tank site locations. Date of Government Version: 10/07/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 11/09/2016 Telephone: 877-623-6748 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 02/08/2017 Number of Days to Update: 117 Next Scheduled EDR Contact: 05/22/2017 Data Release Frequency: Quarterly 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: 02/17/2016 Date Data Arrived at EDR: 04/27/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 37 Source: EPA, Region 5 Telephone: 312-886-7439 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 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: 01/07/2016 Date Data Arrived at EDR: 01/08/2016 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 41 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Quarterly INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Arizona, California, New Mexico and Nevada Date of Government Version: 02/25/2016 Date Data Arrived at EDR: 04/27/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 37 Source: Environmental Protection Agency Telephone: 415-972-3372 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Quarterly 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: 10/13/2015 Date Data Arrived at EDR: 10/23/2015 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 118 Source: EPA Region 8 Telephone: 303-312-6271 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Quarterly INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Iowa, Kansas, and Nebraska TC4903008.2s Page GR -6 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/09/2015 Date Data Arrived at EDR: 02/12/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 112 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 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: 12/11/2015 Date Data Arrived at EDR: 02/19/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 105 Source: EPA Region 6 Telephone: 214-665-6597 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Varies INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 02/05/2016 Date Data Arrived at EDR: 04/29/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 35 Source: EPA Region 4 Telephone: 404-562-8677 Last EDR Contact: 01/24/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Semi -Annually 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: 10/27/2015 Date Data Arrived at EDR: 10/29/2015 Date Made Active in Reports: 01/04/2016 Number of Days to Update: 67 Source: EPA Region 1 Telephone: 617-918-1313 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 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: 01/06/2017 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 01/12/2017 Telephone: 919-733-1315 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 01/12/2017 Number of Days to Update: 53 Next Scheduled EDR Contact: 04/24/2017 Data Release Frequency: Semi -Annually 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: 01/01/2010 Date Data Arrived at EDR: 02/16/2010 Date Made Active in Reports: 04/12/2010 Number of Days to Update: 55 Source: FEMA Telephone: 202-646-5797 Last EDR Contact: 01/23/2017 Next Scheduled EDR Contact: 04/24/2017 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. TC4903008.2s Page GR -7 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 09/30/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 11/09/2016 Telephone: 919-733-1308 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 02/08/2017 Number of Days to Update: 117 Next Scheduled EDR Contact: 05/22/2017 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: 09/26/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/30/2016 Telephone: 919-715-6183 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 03/20/2017 Number of Days to Update: 66 Next Scheduled EDR Contact: 07/03/2017 Data Release Frequency: Semi -Annually 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: 01/07/2016 Date Data Arrived at EDR: 01/08/2016 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 41 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Quarterly 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: 02/25/2016 Date Data Arrived at EDR: 04/27/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 37 Source: EPA Region 9 Telephone: 415-972-3368 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Quarterly 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: 01/26/2016 Date Data Arrived at EDR: 02/05/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 119 Source: EPA Region 8 Telephone: 303-312-6137 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Quarterly 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: 09/23/2014 Date Data Arrived at EDR: 11/25/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 65 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 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). TC4903008.2s Page GR -8 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 11/05/2015 Date Data Arrived at EDR: 11/13/2015 Date Made Active in Reports: 01/04/2016 Number of Days to Update: 52 Source: EPA Region 5 Telephone: 312-886-6136 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Varies 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: 12/03/2015 Date Data Arrived at EDR: 02/04/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 120 Source: EPA Region 6 Telephone: 214-665-7591 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Semi -Annually 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: 02/05/2016 Date Data Arrived at EDR: 04/29/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 35 Source: EPA Region 4 Telephone: 404-562-9424 Last EDR Contact: 01/24/2017 Next Scheduled EDR Contact: 05/08/2017 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: 10/20/2015 Date Data Arrived at EDR: 10/29/2015 Date Made Active in Reports: 01/04/2016 Number of Days to Update: 67 Source: EPA, Region 1 Telephone: 617-918-1313 Last EDR Contact: 01/26/2017 Next Scheduled EDR Contact: 05/08/2017 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: 10/07/2016 Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 12/15/2016 Telephone: 919-508-8400 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 03/15/2017 Number of Days to Update: 81 Next Scheduled EDR Contact: 06/26/2017 Data Release Frequency: Quarterly State and tribal voluntary cleanup sites VCP: Responsible Party Voluntary Action Sites Responsible Party Voluntary Action site locations. Date of Government Version: 10/07/2016 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 12/15/2016 Telephone: 919-508-8400 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 03/15/2017 Number of Days to Update: 83 Next Scheduled EDR Contact: 06/26/2017 Data Release Frequency: Semi -Annually TC4903008.2s Page GR -9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 07/27/2015 Date Data Arrived at EDR: 09/29/2015 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 142 Source: EPA, Region 1 Telephone: 617-918-1102 Last EDR Contact: 03/27/2017 Next Scheduled EDR Contact: 07/10/2017 Data Release Frequency: Varies 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 State and tribal Brownfields sites 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 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: 01/03/2017 Date Data Arrived at EDR: 01/06/2017 Date Made Active in Reports: 03/06/2017 Number of Days to Update: 59 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists Source: Department of Environment and Natural Resources Telephone: 919-733-4996 Last EDR Contact: 04/05/2017 Next Scheduled EDR Contact: 07/17/2017 Data Release Frequency: Varies US BROWNFIELDS: A Listing of Brownfields Sites Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment. Assessment, Cleanup and Redevelopment Exchange System (ACRES) stores information reported by EPA Brownfields grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on Targeted Brownfields Assessments performed by EPA Regions. A listing of ACRES Brownfield sites is obtained from Cleanups in My Community. Cleanups in My Community provides information on Brownfields properties for which information is reported back to EPA, as well as areas served by Brownfields grant programs. Date of Government Version: 03/02/2017 Date Data Arrived at EDR: 03/02/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 36 Source: Environmental Protection Agency Telephone: 202-566-2777 Last EDR Contact: 03/02/2017 Next Scheduled EDR Contact: 07/03/2017 Data Release Frequency: Semi -Annually Local Lists of Landfill / Solid Waste Disposal Sites SWRCY: Recycling Center Listing A listing of recycling center locations. Date of Government Version: 11/30/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/05/2016 Telephone: 919-707-8137 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 01/30/2017 Number of Days to Update: 93 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Varies TC4903008.2s Page GR -10 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING HIST LF: Solid Waste Facility Listing A listing of solid waste facilities. Date of Government Version: 11/06/2006 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 02/13/2007 Telephone: 919-733-0692 Date Made Active in Reports: 03/02/2007 Last EDR Contact: 01/19/2009 Number of Days to Update: 17 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned 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: 10/31/2016 Next Scheduled EDR Contact: 02/13/2017 Data Release Frequency: Varies 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: 01/23/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: No Update Planned 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 IHS OPEN DUMPS: Open Dumps on Indian Land A listing of all open dumps located on Indian Land in the United States. Date of Government Version: 04/01/2014 Source: Department of Health & Human Serivices, Indian Health Service Date Data Arrived at EDR: 08/06/2014 Telephone: 301-443-1452 Date Made Active in Reports: 01/29/2015 Last EDR Contact: 01/30/2017 Number of Days to Update: 176 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Varies Local Lists of Hazardous waste / Contaminated Sites US HIST CDL: National Clandestine Laboratory Register A listing of clandestine drug lab locations that have been removed from the DEAs National Clandestine Laboratory Register. Date of Government Version: 09/30/2016 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 36 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 02/28/2017 Next Scheduled EDR Contact: 06/12/2017 Data Release Frequency: No Update Planned TC4903008.2s Page GR -11 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING US CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 09/30/2016 Date Data Arrived at EDR: 12/05/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 67 Local Land Records Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 02/28/2017 Next Scheduled EDR Contact: 06/12/2017 Data Release Frequency: Quarterly LIENS 2: CERCLA Lien Information A Federal CERCLA ('Superfund') lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. Date of Government Version: 02/18/2014 Date Data Arrived at EDR: 03/18/2014 Date Made Active in Reports: 04/24/2014 Number of Days to Update: 37 Records of Emergency Release Reports Source: Environmental Protection Agency Telephone: 202-564-6023 Last EDR Contact: 01/24/2017 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Varies HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 12/28/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 37 Source: U.S. Department of Transportation Telephone: 202-366-4555 Last EDR Contact: 03/29/2017 Next Scheduled EDR Contact: 07/10/2017 Data Release Frequency: Annually 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: 12/14/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/16/2016 Telephone: 919-807-6308 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 03/13/2017 Number of Days to Update: 82 Next Scheduled EDR Contact: 06/26/2017 Data Release Frequency: Varies IMD: Incident Management Database Groundwater and/or soil contamination incidents Date of Government Version: 07/21/2006 Source: Department of Environment and Natural Resources Date Data Arrived at EDR: 08/01/2006 Telephone: 919-733-3221 Date Made Active in Reports: 08/23/2006 Last EDR Contact: 07/01/2011 Number of Days to Update: 22 Next Scheduled EDR Contact: 10/17/2011 Data Release Frequency: No Update Planned SPILLS 90: SPILLS90 data from FirstSearch Spills 90 includes those spill and release records available exclusively from FirstSearch databases. Typically, they may include chemical, oil and/or hazardous substance spills recorded after 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 90. TC4903008.2s Page GR -12 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 09/27/2012 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned SPILLS 80: SPILLS80 data from FirstSearch Spills 80 includes those spill and release records available from FirstSearch databases prior to 1990. Typically, they may include chemical, oil and/or hazardous substance spills recorded before 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 80. Date of Government Version: 06/14/2001 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 03/06/2013 Number of Days to Update: 62 Other Ascertainable Records Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned RCRA NonGen / NLR: RCRA - Non Generators / No Longer Regulated RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non -Generators do not presently generate hazardous waste. Date of Government Version: 12/12/2016 Date Data Arrived at EDR: 12/28/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 44 Source: Environmental Protection Agency Telephone: (404) 562-8651 Last EDR Contact: 03/02/2017 Next Scheduled EDR Contact: 04/10/2017 Data Release Frequency: Varies 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: 02/24/2017 Next Scheduled EDR Contact: 06/05/2017 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: 01/13/2017 Next Scheduled EDR Contact: 04/24/2017 Data Release Frequency: Semi -Annually FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land, Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management, Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 02/06/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 339 Source: U.S. Geological Survey Telephone: 888-275-8747 Last EDR Contact: 01/13/2017 Next Scheduled EDR Contact: 04/24/2017 Data Release Frequency: N/A TC4903008.2s Page GR -13 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas, Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin. Date of Government Version: 01/01/2017 Date Data Arrived at EDR: 02/03/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 615-532-8599 Last EDR Contact: 02/03/2017 Next Scheduled EDR Contact: 05/29/2017 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: 10/11/2016 Date Data Arrived at EDR: 11/16/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 79 Source: Environmental Protection Agency Telephone: 202-566-1917 Last EDR Contact: 02/15/2017 Next Scheduled EDR Contact: 05/29/2017 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: 02/03/2017 Next Scheduled EDR Contact: 05/22/2017 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: 04/22/2013 Date Data Arrived at EDR: 03/03/2015 Date Made Active in Reports: 03/09/2015 Number of Days to Update: 6 Source: Environmental Protection Agency Telephone: 703-308-4044 Last EDR Contact: 02/10/2017 Next Scheduled EDR Contact: 05/22/2017 Data Release Frequency: Varies TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2012 Date Data Arrived at EDR: 01/15/2015 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 14 Source: EPA Telephone: 202-260-5521 Last EDR Contact: 03/24/2017 Next Scheduled EDR Contact: 07/03/2017 Data Release Frequency: Every 4 Years TC4903008.2s Page GR -14 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12/31/2014 Date Data Arrived at EDR: 11/24/2015 Date Made Active in Reports: 04/05/2016 Number of Days to Update: 133 Source: EPA Telephone: 202-566-0250 Last EDR Contact: 02/24/2017 Next Scheduled EDR Contact: 06/05/2017 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: 03/09/2017 Next Scheduled EDR Contact: 05/08/2017 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: 11/25/2013 Date Data Arrived at EDR: 12/12/2013 Date Made Active in Reports: 02/24/2014 Number of Days to Update: 74 Source: EPA Telephone: 703-416-0223 Last EDR Contact: 03/06/2017 Next Scheduled EDR Contact: 06/19/2017 Data Release Frequency: Annually RMP: Risk Management Plans When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g the fire department) should an accident occur. Date of Government Version: 02/01/2017 Date Data Arrived at EDR: 02/09/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 57 Source: Environmental Protection Agency Telephone: 202-564-8600 Last EDR Contact: 01/23/2017 Next Scheduled EDR Contact: 05/08/2017 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 TC4903008.2s Page GR -15 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version: 10/25/2013 Date Data Arrived at EDR: 10/17/2014 Date Made Active in Reports: 10/20/2014 Number of Days to Update: 3 Source: EPA Telephone: 202-564-6023 Last EDR Contact: 02/10/2017 Next Scheduled EDR Contact: 05/22/2017 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: 01/20/2016 Date Data Arrived at EDR: 04/28/2016 Date Made Active in Reports: 09/02/2016 Number of Days to Update: 127 Source: EPA Telephone: 202-566-0500 Last EDR Contact: 01/13/2017 Next Scheduled EDR Contact: 04/24/2017 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: 202-564-5088 Last EDR Contact: 01/09/2017 Next Scheduled EDR Contact: 04/24/2017 Data Release Frequency: Quarterly FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right -to -Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/09/2009 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Date Data Arrived at EDR: 04/16/2009 Telephone: 202-566-1667 Date Made Active in Reports: 05/11/2009 Last EDR Contact: 02/17/2017 Number of Days to Update: 25 Next Scheduled EDR Contact: 06/05/2017 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: 02/17/2017 Next Scheduled EDR Contact: 06/05/2017 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: 02/03/2017 Next Scheduled EDR Contact: 05/22/2017 Data Release Frequency: Quarterly TC4903008.2s Page GR -16 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING COAL ASH DOE: Steam -Electric Plant Operation Data A listing of power plants that store ash in surface ponds. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 08/07/2009 Date Made Active in Reports: 10/22/2009 Number of Days to Update: 76 Source: Department of Energy Telephone: 202-586-8719 Last EDR Contact: 03/06/2017 Next Scheduled EDR Contact: 06/19/2017 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: 03/06/2017 Next Scheduled EDR Contact: 06/19/2017 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: 02/01/2011 Date Data Arrived at EDR: 10/19/2011 Date Made Active in Reports: 01/10/2012 Number of Days to Update: 83 Source: Environmental Protection Agency Telephone: 202-566-0517 Last EDR Contact: 01/29/2016 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Varies RADINFO: Radiation Information Database The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S. Environmental Protection Agency (EPA) regulations for radiation and radioactivity. Date of Government Version: 01/04/2017 Date Data Arrived at EDR: 01/06/2017 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 35 Source: Environmental Protection Agency Telephone: 202-343-9775 Last EDR Contact: 04/06/2017 Next Scheduled EDR Contact: 07/17/2017 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. TC4903008.2s Page GR -17 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/19/2006 Date Data Arrived at EDR: 03/01/2007 Date Made Active in Reports: 04/10/2007 Number of Days to Update: 40 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 12/17/2008 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned DOT OPS: Incident and Accident Data Department of Transporation, Office of Pipeline Safety Incident and Accident data. Date of Government Version: 07/31/2012 Source: Department of Transporation, Office of Pipeline Safety Date Data Arrived at EDR: 08/07/2012 Telephone: 202-366-4595 Date Made Active in Reports: 09/18/2012 Last EDR Contact: 02/01/2017 Number of Days to Update: 42 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Varies CONSENT: Superfund (CERCLA) Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version: 09/30/2016 Source: Department of Justice, Consent Decree Library Date Data Arrived at EDR: 11/18/2016 Telephone: Varies Date Made Active in Reports: 02/03/2017 Last EDR Contact: 03/27/2017 Number of Days to Update: 77 Next Scheduled EDR Contact: 07/10/2017 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: 12/31/2013 Date Data Arrived at EDR: 02/24/2015 Date Made Active in Reports: 09/30/2015 Number of Days to Update: 218 Source: EPA/NTIS Telephone: 800-424-9346 Last EDR Contact: 02/22/2017 Next Scheduled EDR Contact: 06/05/2017 Data Release Frequency: Biennially INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres. Date of Government Version: 12/31/2014 Date Data Arrived at EDR: 07/14/2015 Date Made Active in Reports: 01/10/2017 Number of Days to Update: 546 Source: USGS Telephone: 202-208-3710 Last EDR Contact: 01/13/2017 Next Scheduled EDR Contact: 04/24/2017 Data Release Frequency: Semi -Annually FUSRAP: Formerly Utilized Sites Remedial Action Program DOE established the Formerly Utilized Sites Remedial Action Program (FUSRAP) in 1974 to remediate sites where radioactive contamination remained from Manhattan Project and early U.S. Atomic Energy Commission (AEC) operations. Date of Government Version: 12/23/2016 Date Data Arrived at EDR: 12/27/2016 Date Made Active in Reports: 02/17/2017 Number of Days to Update: 52 Source: Department of Energy Telephone: 202-586-3559 Last EDR Contact: 02/03/2017 Next Scheduled EDR Contact: 05/22/2017 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. TC4903008.2s Page GR -18 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 09/14/2010 Date Data Arrived at EDR: 10/07/2011 Date Made Active in Reports: 03/01/2012 Number of Days to Update: 146 LEAD SMELTER 1: Lead Smelter Sites A listing of former lead smelter site locations. Date of Government Version: 12/05/2016 Date Data Arrived at EDR: 01/05/2017 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 36 Source: Department of Energy Telephone: 505-845-0011 Last EDR Contact: 02/21/2017 Next Scheduled EDR Contact: 06/05/2017 Data Release Frequency: Varies Source: Environmental Protection Agency Telephone: 703-603-8787 Last EDR Contact: 04/07/2017 Next Scheduled EDR Contact: 07/17/2017 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 1931 and 1964. These sites may pose a threat to public health through ingestion or inhalation of contaminated soil or dust Date of Government Version: 04/05/2001 Date Data Arrived at EDR: 10/27/2010 Date Made Active in Reports: 12/02/2010 Number of Days to Update: 36 Source: American Journal of Public Health Telephone: 703-305-6451 Last EDR Contact: 12/02/2009 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned US AIRS (AFS): Aerometric Information Retrieval System Facility Subsystem (AFS) The database is a sub -system of Aerometric Information Retrieval System (AIRS). AFS contains compliance data on air pollution point sources regulated by the U.S. EPA and/or state and local air regulatory agencies. This information comes from source reports by various stationary sources of air pollution, such as electric power plants, steel mills, factories, and universities, and provides information about the air pollutants they produce. Action, air program, air program pollutant, and general level plant data. It is used to track emissions and compliance data from industrial plants. Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 US AIRS MINOR: Air Facility System Data A listing of minor source facilities. Date of Government Version: 10/12/2016 Date Data Arrived at EDR: 10/26/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 100 Source: EPA Telephone: 202-564-2496 Last EDR Contact: 03/07/2017 Next Scheduled EDR Contact: 07/10/2017 Data Release Frequency: Annually Source: EPA Telephone: 202-564-2496 Last EDR Contact: 03/07/2017 Next Scheduled EDR Contact: 04/10/2017 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: 02/08/2017 Source: Department of Labor, Mine Safety and Health Administration Date Data Arrived at EDR: 02/28/2017 Telephone: 303-231-5959 Date Made Active in Reports: 04/07/2017 Last EDR Contact: 02/28/2017 Number of Days to Update: 38 Next Scheduled EDR Contact: 06/12/2017 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. TC4903008.2s Page GR -19 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 12/05/2005 Date Data Arrived at EDR: 02/29/2008 Date Made Active in Reports: 04/18/2008 Number of Days to Update: 49 Source: USGS Telephone: 703-648-7709 Last EDR Contact: 03/03/2017 Next Scheduled EDR Contact: 06/12/2017 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: 03/03/2017 Next Scheduled EDR Contact: 06/12/2017 Data Release Frequency: Varies 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: 07/15/2016 Date Data Arrived at EDR: 09/07/2016 Date Made Active in Reports: 11/11/2016 Number of Days to Update: 65 UXO: Unexploded Ordnance Sites A listing of unexploded ordnance site locations Date of Government Version: 10/25/2015 Date Data Arrived at EDR: 01/29/2016 Date Made Active in Reports: 04/05/2016 Number of Days to Update: 67 Source: EPA Telephone: (404) 562-9900 Last EDR Contact: 04/07/2017 Next Scheduled EDR Contact: 06/19/2017 Data Release Frequency: Quarterly Source: Department of Defense Telephone: 571-373-0407 Last EDR Contact: 01/20/2017 Next Scheduled EDR Contact: 05/01/2017 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: 06/02/2016 Date Data Arrived at EDR: 06/03/2016 Date Made Active in Reports: 09/02/2016 Number of Days to Update: 91 Source: Environmental Protection Agency Telephone: 202-564-0527 Last EDR Contact: 02/24/2017 Next Scheduled EDR Contact: 06/12/2017 Data Release Frequency: Varies COAL ASH: Coal Ash Disposal Sites A listing of coal combustion products distribution permits issued by the Division for the treatment, storage, transportation, use and disposal of coal combustion products. Date of Government Version: 12/14/2015 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 02/23/2016 Telephone: 919-807-6359 Date Made Active in Reports: 05/18/2016 Last EDR Contact: 02/03/2017 Number of Days to Update: 85 Next Scheduled EDR Contact: 05/08/2017 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. TC4903008.2s Page GR -20 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 06/07/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 06/22/2016 Telephone: 919-508-8400 Date Made Active in Reports: 09/01/2016 Last EDR Contact: 03/24/2017 Number of Days to Update: 71 Next Scheduled EDR Contact: 07/03/2017 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: 09/30/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 11/09/2016 Telephone: 919-733-1322 Date Made Active in Reports: 03/06/2017 Last EDR Contact: 02/08/2017 Number of Days to Update: 117 Next Scheduled EDR Contact: 05/22/2017 Data Release Frequency: Quarterly Financial Assurance 2: Financial Assurance Information Listing Information for solid waste facilities. Financial assurance is intended to ensure that resources are available to pay for the cost of closure, post -closure care, and corrective measures if the owner or operator of a regulated facility is unable or unwilling to pay. Date of Government Version: 10/02/2012 Source: Department of Environmental & Natural Resources Date Data Arrived at EDR: 10/03/2012 Telephone: 919-508-8496 Date Made Active in Reports: 10/26/2012 Last EDR Contact: 03/27/2017 Number of Days to Update: 23 Next Scheduled EDR Contact: 07/10/2017 Data Release Frequency: Varies Financial Assurance 3: Financial Assurance Information Hazardous waste financial assurance information. Date of Government Version: 09/14/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 09/16/2016 Telephone: 919-707-8222 Date Made Active in Reports: 10/05/2016 Last EDR Contact: 03/13/2017 Number of Days to Update: 19 Next Scheduled EDR Contact: 06/26/2017 Data Release Frequency: Varies NPDES: NPDES Facility Location Listing General information regarding NPDES(National Pollutant Discharge Elimination System) permits. Date of Government Version: 02/17/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 02/19/2016 Telephone: 919-733-7015 Date Made Active in Reports: 05/03/2016 Last EDR Contact: 03/28/2017 Number of Days to Update: 74 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Varies UIC: Underground Injection Wells Listing A listing of uncerground injection wells locations. Date of Government Version: 12/07/2016 Source: Department of Environment & Natural Resources Date Data Arrived at EDR: 12/09/2016 Telephone: 919-807-6412 Date Made Active in Reports: 03/08/2017 Last EDR Contact: 03/06/2017 Number of Days to Update: 89 Next Scheduled EDR Contact: 06/19/2017 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. TC4903008.2s Page GR -21 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 03/14/2017 Date Data Arrived at EDR: 03/17/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 21 Source: Department of Interior Telephone: 202-208-2609 Last EDR Contact: 03/13/2017 Next Scheduled EDR Contact: 06/26/2017 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: 12/11/2016 Date Data Arrived at EDR: 12/20/2016 Date Made Active in Reports: 02/17/2017 Number of Days to Update: 59 Source: Environmental Protection Agency Telephone: 202-564-2280 Last EDR Contact: 03/21/2017 Next Scheduled EDR Contact: 07/03/2017 Data Release Frequency: Quarterly 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: 11/21/2016 Date Data Arrived at EDR: 11/22/2016 Date Made Active in Reports: 02/03/2017 Number of Days to Update: 73 EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records Source: EPA Telephone: 800-385-6164 Last EDR Contact: 02/22/2017 Next Scheduled EDR Contact: 06/05/2017 Data Release Frequency: Quarterly 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 Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned EDR Hist Auto: EDR Exclusive Historic Gas 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 TC4903008.2s Page GR -22 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING EDR Hist Cleaner: EDR Exclusive Historic Dry Cleaners EDR has searched selected national collections of business directories and has collected listings of potential dry cleaner sites that were available to EDR researchers. EDR's review was limited to those categories of sources that might, in EDR's opinion, include dry cleaning establishments. The categories reviewed included, but were not limited to dry cleaners, cleaners, laundry, laundromat, cleaning/laundry, wash & dry etc. This database falls within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR's HRHR effort presents unique and sometimes proprietary data about past sites and operations that typically create environmental concerns, but may not show up in current government records searches. Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: Varies EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS: Recovered Government Archive State Hazardous Waste Facilities List The EDR Recovered Government Archive State Hazardous Waste database provides a list of SHWS incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 12/24/2013 Last EDR Contact: 06/01/2012 Number of Days to Update: 176 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LF: Recovered Government Archive Solid Waste Facilities List The EDR Recovered Government Archive Landfill database provides a list of landfills derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 01/13/2014 Last EDR Contact: 06/01/2012 Number of Days to Update: 196 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies RGA LUST: Recovered Government Archive Leaking Underground Storage Tank The EDR Recovered Government Archive Leaking Underground Storage Tank database provides a list of LUST incidents derived from historical databases and includes many records that no longer appear in current government lists. Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina. Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources Date Data Arrived at EDR: 07/01/2013 Telephone: N/A Date Made Active in Reports: 12/20/2013 Last EDR Contact: 06/01/2012 Number of Days to Update: 172 Next Scheduled EDR Contact: N/A Data Release Frequency: Varies OTHER DATABASE(S) Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. TC4903008.2s Page GR -23 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING 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: 07/30/2013 Source: Department of Energy & Environmental Protection Date Data Arrived at EDR: 08/19/2013 Telephone: 860-424-3375 Date Made Active in Reports: 10/03/2013 Last EDR Contact: 11/11/2016 Number of Days to Update: 45 Next Scheduled EDR Contact: 02/27/2017 Data Release Frequency: No Update Planned NJ MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2015 Source: Department of Environmental Protection Date Data Arrived at EDR: 09/29/2016 Telephone: N/A Date Made Active in Reports: 01/03/2017 Last EDR Contact: 01/09/2017 Number of Days to Update: 96 Next Scheduled EDR Contact: 04/24/2017 Data Release Frequency: Annually NY MANIFEST: Facility and Manifest Data Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD facility. Date of Government Version: 01/30/2017 Source: Department of Environmental Conservation Date Data Arrived at EDR: 02/01/2017 Telephone: 518-402-8651 Date Made Active in Reports: 02/13/2017 Last EDR Contact: 02/01/2017 Number of Days to Update: 12 Next Scheduled EDR Contact: 05/08/2017 Data Release Frequency: Annually PA MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2015 Source: Department of Environmental Protection Date Data Arrived at EDR: 07/22/2016 Telephone: 717-783-8990 Date Made Active in Reports: 11/22/2016 Last EDR Contact: 01/12/2017 Number of Days to Update: 123 Next Scheduled EDR Contact: 05/01/2017 Data Release Frequency: Annually RI MANIFEST: Manifest information Hazardous waste manifest information Date of Government Version: 12/31/2013 Source: Department of Environmental Management Date Data Arrived at EDR: 06/19/2015 Telephone: 401-222-2797 Date Made Active in Reports: 07/15/2015 Last EDR Contact: 02/21/2017 Number of Days to Update: 26 Next Scheduled EDR Contact: 06/05/2017 Data Release Frequency: Annually WI MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2015 Date Data Arrived at EDR: 04/14/2016 Date Made Active in Reports: 06/03/2016 Number of Days to Update: 50 Source: Department of Natural Resources Telephone: N/A Last EDR Contact: 03/13/2017 Next Scheduled EDR Contact: 06/26/2017 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. TC4903008.2s Page GR -24 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located. AHA Hospitals: Source: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association's annual survey of hospitals. Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410-786-3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services, a federal agency within the U.S. Department of Health and Human Services. Nursing Homes Source: National Institutes of Health Telephone: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. Private Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on private school locations in the United States. 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 TC4903008.2s Page GR -25 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING 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. TC4903008.2s Page GR -26 GEOCHECK®- PHYSICAL SETTING SOURCE ADDENDUM TARGET PROPERTY ADDRESS WEAVER FARM 440 WEAVER RD GOLDSBORO, NC 27530 TARGET PROPERTY COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: USGS TOPOGRAPHIC MAP Target Property Map: Version Date: East Map: Version Date: 35.304094 - 35° 18' 14.74" 78.127297 - 78° 7' 38.27" Zone 17 761208.1 3910354.5 100 ft. above sea level 5947410 GRANTHAM, NC 2013 5948626 SOUTHWEST GOLDSBORO, NC 2013 EDR's GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in forming an opinion about the impact of potential contaminant migration. Assessment of the impact of contaminant migration generally has two principal investigative components: 1. Groundwater flow direction, and 2. Groundwater flow velocity. Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the geologic strata. TC4903008.2s Page A-1 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER FLOW DIRECTION INFORMATION Groundwater flow direction for a particular site is best determined by a qualified environmental professional using site-specific well data. If such data is not reasonably ascertainable, it may be necessary to rely on other sources of information, such as surface topographic information, hydrologic information, hydrogeologic data collected on nearby properties, and regional groundwater flow information (from deep aquifers). TOPOGRAPHIC INFORMATION Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. TARGET PROPERTY TOPOGRAPHY General Topographic Gradient: General ESE SURROUNDING TOPOGRAPHY: ELEVATION PROFILES 0 0 j 0I 00 O1 J 100 t00 N pOp N O W A N N W J W North I South TP C 0 CU W_ _ . _ . _ . _ . _ . _ . _ . _ West TP Target Property Elevation: 100 ft. East 1/2 1 Miles Source: Topography has been determined from the USGS 7.5' 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. TC4903008.2s Page A-2 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY HYDROLOGIC INFORMATION Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways and bodies of water). FEMA FLOOD ZONE Flood Plain Panel at Target Property 3720256600J Additional Panels in search area: 3720255700J 3720256700J 3720255600J NATIONAL WETLAND INVENTORY NWI Quad at Target Property GRANTHAM HYDROGEOLOGIC INFORMATION FEMA Source Type FEMA FIRM Flood data FEMA Source Type FEMA FIRM Flood data FEMA FIRM Flood data FEMA FIRM Flood data NWI Electronic Data Coverage YES - refer to the Overview Map and Detail Map Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted. AQUIFLOW® Search Radius: 1.000 Mile. EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory authorities at select sites and has extracted the date of the report, groundwater flow direction as determined hydrogeologically, and the depth to water table. LOCATION GENERAL DIRECTION MAP ID FROM TP GROUNDWATER FLOW Not Reported TC4903008.2s Page A-3 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY GROUNDWATER FLOW VELOCITY INFORMATION Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes move more quickly through sandy -gravelly types of soils than silty -clayey types of soils. GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY Geologic information can be used by the environmental professional in forming an opinion about the relative speed at which contaminant migration may be occurring. ROCK STRATIGRAPHIC UNIT GEOLOGIC AGE IDENTIFICATION Era: Paleozoic Category: Eugeosynclinal Deposits System: Cambrian Series: Cambrian Code: Ce (decoded above as Era, System & Series) 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). DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY The U.S. Department of Agriculture's (USDA) Soil Conservation Service (SCS) leads the National Cooperative 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. The following information is based on Soil Conservation Service STATSGO data. Soil Component Name: NORFOLK Soil Surface Texture: loamy sand Hydrologic Group: Class B - Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately coarse textures. Soil Drainage Class: Well drained. Soils have intermediate water holding capacity. Depth to water table is more than 6 feet. Hydric Status: Soil does not meet the requirements for a hydric soil. Corrosion Potential - Uncoated Steel: MODERATE Depth to Bedrock Min: > 60 inches Depth to Bedrock Max: > 60 inches TC4903008.2s Page A-4 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY Soil Layer Information Boundary Classification Layer Upper Lower Soil Texture Class AASHTO Group Unified Soil Permeability Soil Reaction Rate (in/hr) (pH) 1 0 inches 14 inches loamy sand Granular COARSE-GRAINED Max: 20.00 Max: 6.00 materials (35 SOILS, Sands, Min: 6.00 Min: 3.60 pct. or less Sands with fines, passing No. Silty Sand. 200), Silty, or Clayey Gravel and Sand. 2 14 inches 38 inches sandy loam Granular COARSE-GRAINED Max: 2.00 Max: 5.50 materials (35 SOILS, Sands, Min: 0.60 Min: 3.60 pct. or less Sands with fines, passing No. Clayey sand. 200), Silty, or Clayey Gravel and Sand. 3 38 inches 70 inches sandy clay loam Silt -Clay COARSE-GRAINED Max: 2.00 Max: 5.50 Materials (more SOILS, Sands, Min: 0.60 Min: 3.60 than 35 pct. Sands with fines, passing No. Clayey sand. 200), Silty Soils. 4 70 inches 99 inches variable Not reported Not reported Max: 0.00 Max: 0.00 Min: 0.00 Min: 0.00 OTHER SOIL TYPES IN AREA Based on Soil Conservation Service STATSGO data, the following additional subordinant soil types may appear within the general area of target property. Soil Surface Textures: sandy loam loam mucky - loam Surficial Soil Types: sandy loam loam mucky - loam Shallow Soil Types: fine sandy loam sandy clay loam clay loam Deeper Soil Types: sandy clay loam stratified sandy clay TC4903008.2s Page A-5 GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY LOCAL / REGIONAL WATER AGENCY RECORDS EDR Local/Regional Water Agency records provide water well information to assist the environmental professional in assessing sources that may impact ground water flow direction, and in forming an opinion about the impact of contaminant migration on nearby drinking water wells. WELL SEARCH DISTANCE INFORMATION DATABASE SEARCH DISTANCE (miles) Federal USGS 1.000 Federal FRDS PWS Nearest PWS within 1 mile State Database 1.000 FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP 1 USGS40000886182 1/2 -1 Mile SSW 2 USGS40000886308 1/2 - 1 Mile NW FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION MAP ID WELL ID FROM TP No PWS System Found Note: PWS System location is not always the same as well location. STATE DATABASE WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found TC4903008.2s Page A-6 PHYSICAL SETTING SOURCE MAP - 4903008.2s /V County Boundary /V Major Roads N Contour Lines 0 Earthquake epicenter, Richter 5 or greater ® Water Wells © Public Water Supply Wells ® Cluster of Multiple Icons 0 1/4 1/2 1 Miles Groundwater Flow Direction Wildlife Areas CcD Indeterminate Groundwater Flow at Location Natural Areas Cc v Groundwater Flow Varies at Location o Rare & Endangered Species SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz Goldsboro NC 27530 INQUIRY #: 4903008.2s LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:13 am Copyright (o 2017 EDR, Inc. c) 2015 TomTom Rel. 2015. Map ID Direction Distance Elevation GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS Database EDR ID Number 1 SSW FED USGS 1/2 - 1 Mile Higher Org.Identifier: USGS-NC Formal name: USGS North Carolina Water Science Center FED USGS Monloc Identifier: USGS-351738078075501 Monloc name: WA -075 Monloc type: Well Monloc desc: Not Reported Monloc Identifier: Huc code: 03020201 Drainagearea value: Not Reported Drainagearea Units: Not Reported Contrib drainagearea: Not Reported Contrib drainagearea units: Not Reported Latitude: 35.2938889 Longitude: -78.1319444 Sourcemap scale: 24000 Horiz Acc measure: 1 Horiz Acc measure units: seconds Horiz Collection method: Interpolated from Digital Map Not Reported Contrib drainagearea units: Horiz coord refsys: NAD83 Vert measure val: 130 Vert measure units: feet Vertacc measure val: 1.6 Vert accmeasure units: feet seconds Horiz Collection method: Vertcollection method: Interpolated from digital elevation model (DEM) Vert coord refsys: NAVD88 Countrycode: US Aquifername: Not Reported Vertacc measure val: Not Reported Formation type: Not Reported Aquifer type: Not Reported Construction date: Not Reported Welldepth: 91 Welldepth units: ft Wellholedepth: Not Reported Wellholedepth units: Not Reported Ground -water levels, Number of Measurements: 0 2 NW FED USGS 1/2 - 1 Mile Higher Org.Identifier: USGS-NC Formal name: USGS North Carolina Water Science Center Monloc Identifier: USGS-351845078082901 Monloc name: WA -071 Monloc type: Well Monloc desc: Not Reported Huc code: 03020201 Drainagearea value: Not Reported Drainagearea Units: Not Reported Contrib drainagearea: Not Reported Contrib drainagearea units: Not Reported Latitude: 35.3126633 Longitude: -78.1411042 Sourcemap scale: Not Reported Horiz Acc measure: 1 Horiz Acc measure units: seconds Horiz Collection method: Interpolated from map Horiz coord refsys: NAD83 Vert measure val: Not Reported Vert measure units: Not Reported Vertacc measure val: Not Reported Vert accmeasure units: Not Reported Vertcollection method: Not Reported Vert coord refsys: Not Reported Countrycode: US Aquifername: Northern Atlantic Coastal Plain aquifer system Formation type: Black Creek Aquifer USGS40000886182 USGS40000886308 TC4903008.2s Page A-8 GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS Aquifer type: Not Reported Construction date: Not Reported Welldepth: Welldepth units: ft Wellholedepth: Wellholedepth units: Not Reported Ground -water levels, Number of Measurements: 0 81 Not Reported TC4903008.2s Page A-9 GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS RADON AREA RADON INFORMATION Federal EPA Radon Zone for WAYNE County: 3 Note: Zone 1 indoor average level > 4 pCi/L. Zone 2 indoor average level — 2 pCi/L and — 4 pCi/L. Zone 3 indoor average level < 2 pCi/L. Federal Area Radon Information for Zip Code: 27530 Number of sites tested: 1 Area Average Activity % <4 pCi/L % 4-20 pCi/L % >20 pCi/L Living Area - 1 st Floor 0.600 pCi/L 100% 0% 0% Living Area - 2nd Floor Not Reported Not Reported Not Reported Not Reported Basement Not Reported Not Reported Not Reported Not Reported TC4903008.2s Page A-10 PHYSICAL SETTING SOURCE RECORDS SEARCHED 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 AQUIFLOWR Information System 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. TC4903008.2s 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 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 hight quality natural communities, or other important ecological features. NC Game Lands: Wildlife Resources Commission 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: 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). 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. TC4903008.2s 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. TC4903008.2s Page PSGR-3 Appendix F: 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 Weaver Farm Bank Parcel Development Plan Appendices 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) NATIONWIDE PERMIT CONDITIONS The following General Conditions must be followed in order for any authorization by a N W P to he 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. dawning 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 NWT 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. 2 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 TemporM 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 NWT 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). 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. 2 (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.fvvs.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 5 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 (ACNP), 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. 2 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 7 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. 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: 9 (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(1)(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; 10 (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. 11 (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 12 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 13 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 f inction(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 14 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 15 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 16 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 17 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. 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. 19 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. 20 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 (LAMA) 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 21 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 Swain Telephone: (828) 452-2546 Burke Surry Transylvania 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.g,M.mil/wetlands/permits/nwp/nwp20l2 (see "Quick Links") 22 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. 23 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. It lar culvert 12 Inches ` I Invert Rise (Darneter) 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 24 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 NWT 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. 25 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. 26 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). NATIONWIDE PERMIT CONDITIONS The following General Conditions must be followed in order for any authorization by a N W P to he 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. dawning 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 NWT 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. 2 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 TemporM 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). 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. 2 (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.fvvs.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 5 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 (ACNP), 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. 2 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 7 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. 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: 9 (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(1)(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; 10 (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. 11 (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 12 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 13 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 14 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 15 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 16 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 17 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. 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. 19 2.0 Waters Requiring Additional Notification The Corps has identified waters that will be subject to additional notification requirements for activities authorized by all NWT'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. 20 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 (LAMA) 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 21 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 Swain Telephone: (828) 452-2546 Burke Surry Transylvania 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.g,M.mil/wetlands/permits/nwp/nwp20l2 (see "Quick Links") 22 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. 23 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 (LAMA): 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. Olrwlar culvert 12 Inches I Invert Fuse 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 24 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. 25 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 26 STATE OF NORTH CAROLINA FIRM PANEL LOCATOR DIAGRAM 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 www.ngs.noaa.gov. North Carolina Geodetic Survey County Average Vertical Datum Offset Table 121 West Jones Street County Vertical Datum Offset ift) Raleigh, NC 27601 Wayne - 1.02 (919) 733-3836 www. n c q s. state. n c. us Example: NAVD i3s = NGVD 29 + (-1.02) 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 Floodway Width (feet) 781 O6' 00" WILSON NOTES TO USERS Q -xJ <0 "b r `V Flood Discharge 000 -ear Encroachment Boundary Section Station' {cls} Water -Surface Elevation {Looking Downstream} ar or additional flood hazard information. ;feet NAVD 38} Total Floodway width FALLING CREEK Base map information and geospatial data used to develop this FIRM were obtained from 313 31,330 NA 98.7 IF I 334 33,420 NA 98.7 1 ,600 roU fo°aD�a 5roti JOHNSTON ,.�(� 1,550 - 41,000 NA fy 7 1111 rLt7', �] J r V Q� n 141 J �3 079 7,850 NA 98-82 1,140 101 10,050 NA X8.8 1 310 Feetabove mouth Elevation includes backwater effects `ram Falling Creek for additional information about base map preparation. tK.. presented in the FIS report should be utilized in conjunction with the FIRM for purposes fi '�S'�7 n3~ "� of construction and/or floodplain management. �4 Insurance Program in 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.goy. For community map revision history prior to statewide mapping, refer to the Community Map Boundaries of the floodways were computed at cross sections and interpolated between Limits may have occurred since this map was published. Map users should Notice to User: The Nap Number shown below should be used when placing map orders; the Community Number shown History table located in the Flood Insurance Study report for this jurisdiction. cross sections. The floodways were based on hydraulic considerations with regard to consult the appropriate community official or website to verify current conditions of An accompanying Hood Insurance Study report, Letter of Map Revision (LOMB) or Letter requirements of the National Flood Insurance Program. Floodway widths and other jurisdictional boundaries and base map features. of Map Amendment (LOMA) revising portions of this panel, and digital versions of this r�0 pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions. FIRM may be available. Visit the North Carolina Floodplain Napping Program website North Carolina Division of Emergency Management or the National Flood Insurance Program at the at www.ncfloodrnaps.com, or contact the FEMA Map Service Center at 1-800-358-9616 following phone numbers or websites: 1-5 Air 0 NC Division of Emergency Management National Flood Insurance Program Center may also be reached by Fax at 1-800-358-9620 and their website at www.fema.gov/msc. (919) 715-8000 www•nccrimecontrol.org/nf-i 1-800-638-6620 www.fema.goyilfip n L� fL �a✓�"l-'y �el State of North Carolina �a I-P Federal Ernergenr:y Management Agency�l SAMPSON (V DuPLIN 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 www.ngs.noaa.gov. North Carolina Geodetic Survey County Average Vertical Datum Offset Table 121 West Jones Street County Vertical Datum Offset ift) Raleigh, NC 27601 Wayne - 1.02 (919) 733-3836 www. n c q s. state. n c. us Example: NAVD i3s = NGVD 29 + (-1.02) 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 Floodway Width (feet) 781 O6' 00" LefVRight Distance From the Center of stream to NOTES TO USERS 1%An nu alChance Cross Stream Flood Discharge 000 -ear Encroachment Boundary Section Station' {cls} Water -Surface Elevation {Looking Downstream} ar or additional flood hazard information. ;feet NAVD 38} Total Floodway width FALLING CREEK Base map information and geospatial data used to develop this FIRM were obtained from 313 31,330 NA 98.7 1,580 334 33,420 NA 98.7 1 ,600 374 37.420 NA 98.8 1,550 410 41,000 NA 99.5 1 ,300 THOROUGHFARE SWAMP 050 5.000 NA 98.82 1,300 079 7,850 NA 98-82 1,140 101 10,050 NA X8.8 1 310 Feetabove mouth Elevation includes backwater effects `ram Falling Creek �Y T k v d S. te. i r FEh4A S GiX7F'EH?,11NtG 1EGHr•IICAL ?AFiIrJEri ',pt „r 'INTI sv 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 b the State's com- mitment to map floodplain areas at the local level. As a part of this effort, the State of North Carolina hasjoined in a Cooperating Technical State agreement t with FEMA to produce and maintain this digital FIRM. www.ncfloodmaps.com 2 261 570 0129 L_ 35°18'3 3911 0 �^ ZONE X ZONE X 35°18'0 3910 000 rn 562 500 FEE 35' 17' 3 3909 600 rn 560 000 FEE 2 26L 78° 07' 30" isl1Rll�y� ZONE X i 3l3 ' s )" 33d . ' . ` .•`. .0 , . . . 1 )"1111111111111111111 flnrre Is'r'rx J J law . 9• INY 36 a . - EZ0288 f *.•. r 41❑ ZQN X_ ' i a :`:':;:':'•:.:.:'. ZONE AIS • - 4 • • 10(7- .`. .'.`.'.` �•,,`� r lye non CC CT 78° 07' 00 " Inrnlc+ onn.1�1 nccT r h 99 • Z6N E• X• . . •;, ,P . . . .. . . . . .. b 00 'ZONE X ZONE AE, nl r< e . • ' & AL MILLS• • • EZ0287 - • • • t ZONE ,AE , .... ` f 1 t • ANGUS DR , Id E. AE' -ZONE X 7 7F7 rnn PPPT V 7S9 000 M 78°06'36" /bJ n Z Lill .n,UU ILL I I- ii�p n , - Aw '- - � � �� t ZONE X 78°06'04" Alt 2 270 000 FEET 7{fq uw m 5 W7 • • • •�.�``���' .- • .. • • ZONE Wayne County Unincorporated Areas 370254 ZONE X H.ANSCi' M T� EZ,.2EE r R N B C'O,v ..i •_ FZ 28 ; ' r - 103 s; 99 - .-.`• • . ,.ZONE -x• t-� 101 ZONE X 1 5 ..0© t r L L C M r 70 000 FEET i° 18' 30" 3911 OW M i7 500 FEET 18' 00 " 3910 oIw m 17' 30' '*309 560 000 FEET 764 am °" 2 270 000 FEET vas •.....7 8' 0 i1 30 78,67' 60" VVIIYV 1 !-IIYLL LJ VU' 781 O6' 36" 781 O6' 00" NOTES TO USERS This map is for use in administering the National Flood Insurance Program. It does not 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 MAP REPOSITORY necessarily identify all areas subject to flooding, particularly from local drainage sources 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 Refer to listing of Map Repositories an Map Index or visit www.ncflaodmaps.com. of small size. The community map repository should be consulted for possible updated 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 or additional flood hazard information. 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 EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL To obtain more detailed information in areas where Base Flood Elevations BFEs ( ) various organizations, including the participating local communit ies state and federal 9 , g P p g Y( ). data may reflect stream channel distances that differ from what is shown on this map. ) Y p DECEMBER 2.2005 and/or floodways have been determined, users are encouraged to consult the Flood agencies, and/or other sources. The primary base for this FIRM is aerial imagery acquired as (SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM Profiles, Floodway Data and/or Summary of Stillwater Elevations tables contained within 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 the Flood Insurance Study (FIS) report that accompanies this FIRM. Users shouldbe ima arY is 2000. Information and geospalial data supplied by the local communit (ies) showing the layout of map panels, community map repository addresses, and a Listing of EFFECTIVE DATE(S)OF REVISION(S)TO THIS PANEL aware that BFEs shown on the FIRM represent rounded whole -foot elevations. These that met FEMA base map specifications were considered the preferred source for Communities table containing National Flood Insurance Program dates for each community BFEs are intended for flood insurance rating purposes only and should not be used 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. as the sole source of flood elevation information. Accordingly, flood elevation data for additional information about base map preparation. presented in the FIS report should be utilized in conjunction with the FIRM for purposes If you have questions about this map, or questions concerning the National Flood of construction and/or floodplain management. Base map features shown on this map, such as corporate limits, are based on the Insurance Program in 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.goy. For community map revision history prior to statewide mapping, refer to the Community Map Boundaries of the floodways were computed at cross sections and interpolated between Limits may have occurred since this map was published. Map users should Notice to User: The Nap Number shown below should be used when placing map orders; the Community Number shown History table located in the Flood Insurance Study report for this jurisdiction. cross sections. The floodways were based on hydraulic considerations with regard to consult the appropriate community official or website to verify current conditions of An accompanying Hood Insurance Study report, Letter of Map Revision (LOMB) or Letter requirements of the National Flood Insurance Program. Floodway widths and other jurisdictional boundaries and base map features. of Map Amendment (LOMA) revising portions of this panel, and digital versions of this To determine if flood insurance is available 1n this community, contact Your insurance agent, the pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions. FIRM may be available. Visit the North Carolina Floodplain Napping Program website North Carolina Division of Emergency Management or the National Flood Insurance Program at the at www.ncfloodrnaps.com, or contact the FEMA Map Service Center at 1-800-358-9616 following phone numbers or websites: for Information on all related products associated with this FIRM. The 'FEMA Map Service NC Division of Emergency Management National Flood Insurance Program Center may also be reached by Fax at 1-800-358-9620 and their website at www.fema.gov/msc. (919) 715-8000 www•nccrimecontrol.org/nf-i 1-800-638-6620 www.fema.goyilfip 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 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 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 A44 Area to be pratecied from 196 annual chance flood by a Federal on 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 19`6 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. D'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 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 ...w...............r CBRS and OPA 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 acs Cross section line Transect line 97°07' 30", 32°22' 30" Geographic coordinates referenced to the North American Datum of 1983 (NAD 83) 4276 m 1000 -meter Universal Transverse Mercator grid licks, zone 17 1 477 500 FEET 2500 -foot grid values: North Carolina State Plane coordinate system (FIPSZONE 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). • M1.5 River Mile GRID NORTH MAP SCALE 1" = 500' (1 6,000) 250 a 500 1000 FEET METERS Iso 0 ISO 300 PANEL 2566) FIRM FLOOD INSURANCE RATE IAP NORTH CAROLINA Qm ® PANEL 2566 (SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM PANEL LAYOUT) CONTAINS: COMMUNITY CID No. PANEL SUFFIX WAYNE COUNTY 370254 2588 Notice to User: The Nap 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. EFFECTIVE DATE MAP NUMBER DECEMBER2, 2005 3720256600) .,. ""� a 4 1 e `ti T E J State of North Carolina Federal Ernergenr:y Management Agency�l STATE OF NORTH CAROLINA FIRM PANEL LOCATOR DIAGRAM 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 www.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 Wayne - 1.02 (919) 733-3836 www. ncgs. state.nc. us Example: NAVD 88 = NGVD 29 + (-1.02) 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. r x FtMA 5 4:WF'EI Ntli 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 b the State's com- g Y mitment to ma floodplain areas at the local level. As art of this effortthe P P P State of North Carolina has Ioined in a Cooperating Technical State agreement t with FEMA to produce and maintain this digital FIRM. www.ncfloodmaps.com 570 000 FEE 3911 oar M 35" IS' 3 35`18'0 3910 MOM 562 500 FEE 35" 17' 3 3909 DW "" 560 000 FEE' 2 251 ,.,,., 78"09' 30" 78"09' 00" 78' 08' 30 " 78,08' 00" 2 260 000 FEET 78" 09' 30 " 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 AS report should be utilized in conjunction with the FIRM for purposes of construction and/or floodplain management. Boundaries of the f loadwa s were computed at cross sections and interpolated betweenn cross sections. The floodwa s were based on hydraulic considerations with regard to Y Y g 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. 78" 09' 00 " f�l'•.t 1► A'1• r�1►1 � ��11•Hl 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 Rood Insurance Study report for information on flood control structures in the jurisdictions. Base ma information and eos atial data used to develop this FIRM were obtained from P 9 p p 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 2000. 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 mapwas published. Map users should consult the appropriate community or website to verify current conditions of jurisdictional boundaries and base map P features. LVINI 78"08' 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 these new stream channel configurations. As a result, the Flood Profiles and Floodway Data tables in the Flood Insurance Study ort hydraulic re which contains authoritative h P ( 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 in 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 (L MR) or Letter of Ma Amendment LAMA revising onions of this ane] and digital versions of this Map { } g p panel, 9 FIRM may be available. Visit the North Carolina Floodplain Mapping Program website at www.ncfloodmaps.com, or contact the FEMA Map Service Center at 1-800-358-9616 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. 78'08' 00" LEGEND SPECIAL. FLOOD HAZARD AREAS (SFHAs) SUBJECT TO 70 000 FEET 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 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% annualchance 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. ZDNE AO Flood depths of 7 to 3 feet (usually sheet flow an sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities akso 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©/o annual chance or greater flood. ZONE A99 Area to be protected from 196 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. PANEL 2556) 3" 18' 30,, WILSON 3911 ori m J 1 -he floodway is the channel of a stream plus any adjacent floodplain areas that must be Q) substantial increases in flood heights. OTHER FLOOD AREAS ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood _ JOHNSTON n . (b t -y V 1 square mile; and areas protected by levees from 1 % annual chance flood. 37 500 177 -ET m l rn rr.�' ray�C� roti (Z (- I -Q) y�[) c'j, C110 �Pl _14,-- COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS OTHERWISE PROTECTED AREAS (OPAs) \SY' SAMPSON I� 1% annual chance floodplain boundary 0.2% annual chance floodplain boundary — — — — Floodway boundary rn r5 - - Zone D Boundary •••+.......+++++.+.. CBRS and OPA boundary r� ®UPLIN Base Flood Elevations, flood depths or flood velocities. —513— Base Flood Elevation line and value; elevation in feet* 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 www.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 Wayne - 1.02 (919) 733-3836 www. ncgs. state.nc. us Example: NAVD 88 = NGVD 29 + (-1.02) 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. r x FtMA 5 4:WF'EI Ntli 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 b the State's com- g Y mitment to ma floodplain areas at the local level. As art of this effortthe P P P State of North Carolina has Ioined in a Cooperating Technical State agreement t with FEMA to produce and maintain this digital FIRM. www.ncfloodmaps.com 570 000 FEE 3911 oar M 35" IS' 3 35`18'0 3910 MOM 562 500 FEE 35" 17' 3 3909 DW "" 560 000 FEE' 2 251 ,.,,., 78"09' 30" 78"09' 00" 78' 08' 30 " 78,08' 00" 2 260 000 FEET 78" 09' 30 " 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 AS report should be utilized in conjunction with the FIRM for purposes of construction and/or floodplain management. Boundaries of the f loadwa s were computed at cross sections and interpolated betweenn cross sections. The floodwa s were based on hydraulic considerations with regard to Y Y g 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. 78" 09' 00 " f�l'•.t 1► A'1• r�1►1 � ��11•Hl 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 Rood Insurance Study report for information on flood control structures in the jurisdictions. Base ma information and eos atial data used to develop this FIRM were obtained from P 9 p p 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 2000. 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 mapwas published. Map users should consult the appropriate community or website to verify current conditions of jurisdictional boundaries and base map P features. LVINI 78"08' 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 these new stream channel configurations. As a result, the Flood Profiles and Floodway Data tables in the Flood Insurance Study ort hydraulic re which contains authoritative h P ( 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 in 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 (L MR) or Letter of Ma Amendment LAMA revising onions of this ane] and digital versions of this Map { } g p panel, 9 FIRM may be available. Visit the North Carolina Floodplain Mapping Program website at www.ncfloodmaps.com, or contact the FEMA Map Service Center at 1-800-358-9616 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. 78'08' 00" LEGEND SPECIAL. FLOOD HAZARD AREAS (SFHAs) SUBJECT TO 70 000 FEET 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 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% annualchance 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. ZDNE AO Flood depths of 7 to 3 feet (usually sheet flow an sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities akso 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©/o annual chance or greater flood. ZONE A99 Area to be protected from 196 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. 3 17'30" 3909 NO M 60 000 FEET 2 260 090 FEET MAP REPOSITORY Refer to listing of Map Repositories on Map Index or visit www.ncfloodmaps.com. EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL DECEMBER 2, 2005 EFFECTIVE DATE(S) OF REVISIONS) TO THIS PANEL For community map revision history Priorto statewide mapping, refer to the Community Map Histo table located in the Flood Insurance Stud report for this jurisdiction. to e History Y P 1 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.nccrimecontrol.org/nfip 1-800-638-6620 www.fema.go\/nfip Z& GRID NORTH MAP SCALE 1" = 500' (1 : 6,000) 250 0 500 1000 _ FEET METERS ISO 0 750 300 PANEL 2556) 3" 18' 30,, FLOODWAY AREAS IN ZONE AE 3911 ori m FIRM 1 -he 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. 37 500 177 -ET 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 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. —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 ate Cross section line 23 - - - - - - 23 Transect line Geographic coordinates referenced to the North American 97'07' 30". 32"22' 30' Datum of 1983 (NAD 83) S" 18. 00- 4276wQ 1000 -meter Universal Transverse Mercator grid ticks, zone 17 1 477 500 FEET 2500 -foot grid values: North Carolina State Plane coordinate system (FIPSZONE 3200, State Plane NAD 83 feet) BM5510 North Carolina Geodetic Survey bench mark (see explanation in the Datum Information section of this FIRM panel). 3910 o-00 ^" BM5510 National Geodetic Survey bench mark (see explanation in (9 the Datum Information section of this FIRM panel). o M1.5 River Mile 3 17'30" 3909 NO M 60 000 FEET 2 260 090 FEET MAP REPOSITORY Refer to listing of Map Repositories on Map Index or visit www.ncfloodmaps.com. EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL DECEMBER 2, 2005 EFFECTIVE DATE(S) OF REVISIONS) TO THIS PANEL For community map revision history Priorto statewide mapping, refer to the Community Map Histo table located in the Flood Insurance Stud report for this jurisdiction. to e History Y P 1 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.nccrimecontrol.org/nfip 1-800-638-6620 www.fema.go\/nfip Z& GRID NORTH MAP SCALE 1" = 500' (1 : 6,000) 250 0 500 1000 _ FEET METERS ISO 0 750 300 PANEL 2556) FIRM FLOOD INSURANCE RATE IAP NORTH CAROLINA a CZ PANEL 2556 (SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM PANEL LAYOUT) CONTAINS: COMMUNITY CID No. PANEL SUFFIX WAYNE COUNTY 370254 2556 J O 111 4=)n(LL) 4=) ViL 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. EFFECTIVE DATE MAP NUMBER DECEMBER 2, 2005 37202556001 CID.. :crura weArtT�R .r1 5 P r r 4 x I" r .LLh"D 3FC State of North Carolina Federal Emergency Management Agency North Carolina Sediment Control Law North Carolina Sedimentation Control Law 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. Address specific questions regarding the interpretation of this law to your regional office of the Land Quality Section of 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. This flexibility in the law allows for innovation and considers the uniqueness 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 The law requires installation and maintenance of sufficient erosion control require? 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. Rev. 6/06 1.1 11 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: • A sufficient buffer zone must be retained or established along any natural watercourse or lake to contain all visible sediment to the first 25% of the buffer strip nearest the disturbed area. An undisturbed 25 foot buffer must be maintained along trout waters. • The angle of cut -and -fill slopes must be no greater than that sufficient for proper stabilization. Graded slopes must be vegetated or otherwise stabilized within 21 calendar days of completion of a phase of grading. • Off-site sedimentation must be prevented, and a ground cover sufficient to prevent erosion must be provided within 15 working days or 90 calendar days, whichever is shorter. What are the Erosion and sedimentation control measures must be designed to provide performance 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 standards? 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: • the maximum non-erosive velocity of the existing channel, based on soil texture (Table 8.05d, Appendix 8.05), or • peak velocity in the channel prior to disturbance. If neither condition can be met, then protective measures must be applied to the receiving channel. Who is responsible During construction, the person financially responsible for site development is for maintenance? 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 The Sedimentation Pollution Control Act provides authority to the State or authorized local agencies to inspect land -disturbing activities and to prosecute IaW? 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 Civil penalties assessed by the state or authorized localities carry a maximum fine of $5000/day per violation for each day that the site in violation. penalties? Criminal penalties for knowing or willful violations may be imposed to a maximum of 90 days in jail and a $5,000 fine. Administrative stop -work orders or injunction issued by the courts. Who is the The law created the Sedimentation Control Commission to develop and i n g/ administer North Carolina's sedimentation and erosion control program. gOve rn This program is implemented by the DENR, Land Quality Section under responsible agency? 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 The state assists and encourages local governments and other state agencies to does the state's develop their own erosion and sedimentation control programs. The DENR reviews local programs as needed to assure uniform enforcement of the Act. program include? 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