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HomeMy WebLinkAboutAgenda 2016 09-06AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC BETH DAWSON, CHAIRMAN - JONATHAN BARFIELD, JR., VICE - CHAIRMAN SKIP WATKINS, COMMISSIONER - WOODY WHITE, COMMISSIONER - ROB ZAPPLE, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER - WANDA COPLEY, COUNTY ATTORNEY - TERESA ELMORE, CLERK TO THE BOARD SEPTEMBER 6, 2016 4:00 PM MEETING CALLED TO ORDER (Chairman Beth Dawson) INVOCATION (Rabbi Paul Sidlofsky, Temple of Israel) PLEDGE OF ALLEGIANCE (Commissioner Woody White) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Ratification of Constitution Week Proclamation for the Daughters of American Revolution - Tea Walk Chapter 3. Adoption of a Resolution Naming County Public Library Facilities 4. Adoption of a Resolution Approving the Sole Source Award of Contract for the Upgrade of the Motorola 800 MHz Astro 25 Public Safety Radio System to Motorola, Inc., in the Amount of $1,727,023 5. Approval of Shallow Draft Inlet Fund Grant Request and Adoption of Mason Creek/Atlantic Intracoastal Waterway (AIWW) Crossing Maintenance Dredging Event 6. Adoption of a Resolution to Approve the Sole- Source Purchase of Patented Posi -Shell Supplies from LSC Environmental 7. Approval of New Hanover Regional Medical Center Fourth Amendment to the Letter of Credit and Reimbursement Agreement 8. Approval of June 2016 Tax Collection Reports ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 5 9. Consideration of the Constitution Week Proclamation for the Daughters of American Revolution - Stamp Defiance Chapter 5 10. Consideration of WHQR Day Proclamation 5 11. Consideration of 2016 Literacy Awareness Month and International Literacy Day Proclamation 15 12. Groundwater Audit Presentation 5 13. Consideration of the 2017 Schedule of Values 40 14. Public Hearing Board of Commissioners - September 6, 2016 Zoning Ordinance Amendment Request (A -424, 7/16) — Request by Planning Staff to Amend the Zoning Ordinance to Update References to the 2006 CAMA Land Use Plan to Coincide with the Comprehensive Land Use Plan; Known as the "Bridging Ordinance" 40 15. Public Hearing Rezoning Request (Z -961, 7/16) — Request by Design Solutions, Applicant, on Behalf of the Property Owners, Marie P. Sikes Heirs, and Gregory W. Jordan, to Rezone 7.08 Acres Located at the 4600 block of Carolina Beach Road from (CUD) B -2, Conditional Use Highway Business District, to (CZD) B -2, Conditional Highway Business District, in Order to Develop a Mini - warehouse Use 40 16. Public Hearing Special Use Permit Request (S -632, 8/16) — Request by Design Solutions, Applicant, on Behalf of the Property Owner, Invista S.A.R.L, for a Special Use Permit for a High Intensity Mining Operation on an 80.4 -Acre Parcel Located near the 200 Block of Sutton Lake Road PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 17. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 18. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - September 6, 2016 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa P. Elmore, Clerk to the Board CONTACT(S): Tersa P. Elmore SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting Held on August 18, 2016 Regular Meeting Held on August 22, 2016 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 CONSENT DEPARTMENT: Commissioners PRESENTER(S): Chairman Beth Dawson CONTACT(S): Chairman Beth Dawson SUBJECT: Ratification of Constitution Week Proclamation for the Daughters of American Revolution - Tea Walk Chapter BRIEF SUMMARY: September 17, 2016 marks the two hundred twenty -ninth anniversary of the drafting of the Constitution of the United States of America. Chairman Dawson will attend the meeting of the DAR - Tea Walk Chapter to present the proclamation on September 1, 2016. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify the proclamation that the Board adopted on August 24, 2016. ATTACHMENTS: Constitution Week 2016 Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSTITUTION WEEK 2016 PROCLAMATION WHEREAS, September 17, 2016 marks the two hundred twenty -ninth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; and WHEREAS, in honor of the National Society Daughters of American Revolution, Wilmington Ladies Tea Walk Chapter. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 17 through 23, 2016 be recognized as "Constitution Week" in New Hanover County and asks that citizens reaffirm the ideals the Framers of the Constitution had in 1787. ADOPTED this the 24th day of August, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - September 6, 2016 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 CONSENT DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Assistant County Manager CONTACT(S): Tim Burgess and Harry Tuchmayer, Library Director SUBJECT: Adoption of a Resolution Naming County Public Library Facilities BRIEF SUMMARY: New Hanover County is expected to relocate its Myrtle Grove Library Branch in FY 17 -18 to its new location at 3802 S. College Road. With the relocation of this branch, the branch will be located in the Pine Valley area; therefore, the need has arisen to name the replacement library branch so that it properly identifies its location. The Carolina Courtyard at the Main Library Branch has undergone a complete redesign and repurposing with the construction phase expected to be completed in October 2016. This redesigning and repurposing has been done in such a way that it will serve as an extension of the library, provide outdoor space for programming, and serve as a pocket park. With these changes, the need has arisen to rename the courtyard so that it better clarifies its purpose. Therefore, staff proposes that the following names be designated as the official names for their respective facilities: "New Hanover County Public Library "New Hanover County Public Library Pine Valley Branch" Story Park" These names were unanimously approved by the Library Advisory Board at their meeting on August 18, 2016. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Letter Library Advisory Board Minutes August 18, 2016 Board of Commissioners - September 6, 2016 ITEM: 3 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 3 PUBLIC LIBRARY 201 CHESTNUT STREET WILMINGTON, NORTH CAROLINA 28401-3942 TELrPHONE (910) 798-6300 The Honorable Beth Dawson, Chairman New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Dear Chairman Dawson: On behalf of the New Hanover County Library Advisory Board I would like to acknowledge the leadership of the County Commissioners and County Manager Chris Coudriet for adopting the vision of the Advisory Board by including in the County's Capital Improvement Plan for FYI 6- FY20 funding for the design, construction and furnishing of a new branch library to replace the existing Myrtle Grove Branch. As you know, the Myrtle Grove Branch is no longer able to serve adequately the needs of a library-service population that has more than doubled in size, and which is projected to grow in the future. To that end, the Advisory Board will be recommending to the Commissioners that the new branch library be called the Pine Valley Branch. Not only is Pine Valley a geographic area familiar to most County residents, the proposed name best captures the notion of the public library as the center of community life. The Advisory Board is looking forward to working with Vines Architecture and County staff to design a library for the twenty-first century that will showcase the latest advances in library practices and technology to best serve library patrons. The new branch library will be one for which County residents will be justifiably proud. Sincerely, Paul R. Smith, Chairman New Hanover County Library Advisory Board Cc: Mr. Chris Coudriet, County Manager Board of Commissioners - September 6, 2016 ITEM: 3 - 1 - 1 Library Advisory Board August 18, 2016 Assembly: The Library Advisory Board met in Regular Session on Thursday, August 18, 2016 at 2:00 p.m. at Main Library in Wilmington, NC. Board Members Brewington, Jan PRESENT Chadurjian, Denise PRESENT Damutz, Amy PRESENT Garner, John PRESENT Jones, Andrew PRESENT Osinski, John PRESENT Smith, Harriet PRESENT Smith, Paul PRESENT Stanfield, Elizabeth PRESENT Swearingen, Emilie EXCUSED Teachey, Virginia PRESENT Walker, Bradford PRESENT Staff Members & Board Reps. Bonner, Patti (FOL) EXCUSED Zimmer, Ronna (LF) 1PRESENT Tuchmayer, Harry PRESENT Owens, Paige 1PRESENT The meeting was called to order by Chair, Paul Smith at 2:00 p.m. Public Comment and Agenda Review Public Comment No members of the public were present. Agenda Chair, Paul Smith asked if any members of the board would like to remove or add any item(s) from the Agenda. With no changes, the Agenda was approved. Board Member Terms Elizabeth Stanfield & Virginia Teachey have completed their 2nd Term on the board. Harriet Smith & Bradford Walker have agreed to remain on the board for a 2nd Term. In honor of their service, Paul Smith presented a cake for the board. The County Commissioners will meet on Monday to appoint new members who will be introduced at the September meeting. Minutes 08 18 2016 LAB Board of Commissioners - September 6, 2016 ITEM: 3 - 2 - 1 Page 1 Approval of Minutes of Previous Meeting The minutes from the last board meeting on 6/16/16 were sent to the board prior to the meeting for review. Motion: Virginia Teachey MOVED, SECONDED by Amy Damutz, to approve the 6/16/16 minutes as written. Upon vote, the MOTION WAS CARRIED UNANIMOUSLY. Correspondence None at this time. Friends of the Library Report Paige Owens presented the Friends report on behalf of Patti Bonner. The Friends have made huge progress on reorganizing their board and updating their By -Laws. At their November meeting, they will present the new slate of officers. Hathia Hayes (incoming President) & Carole Magyar have changed their office space at the Main Library into a Volunteer Welcome Center. The room has been painted and the office furniture was replaced with new furnishings. Library Foundation Report Ronna Zimmer reported that the board just meet and is already making plans for their End of Year fundraising drive and the 3rd Annual Luncheon. Director's Report Harry Tuchmayer submitted the Director's Report prior to the meeting. In addition, he discussed the following: Story Park As shown in the report, the Story Park is quickly taking shape. Repairs to the front entrance are being completed and concrete is being poured this week. The musical equipment is being shipped and should arrive any day. A Story Walk book that focuses on music will be added to the park. We are planning to hold a Ribbon Cutting on Tuesday, October 11th. On Tuesdays, the library has a lot of kids in the building for Story Times. Library of the Future The grant has been wrapped up. We were able to send most of our staff to tour other NC Libraries. Everyone came back excited and with great ideas. New Library We have hired and signed the contract for Vines Architecture. They have a lot of experience in library construction and are currently remodeling the Main Library in Durham. We will be asking them to hold a planning charrette with the LAB & Foundation Boards. Minutes 08 18 2016 LAB Board of Commissioners - September 6, 2016 ITEM: 3 - 2 - 2 Page 2 Committee Reports None at this time. New Business Fundraising Committee Representative Harry Tuchmayer reported that the County Commissioners have approved 4.4 million to the budget for the building of the new library branch. Paul Smith has agreed to draft a thank you letter to the County Commissioners from the board. There will still be a need for fundraising for furnishing and extras (manipulatives & maker spaces). A fundraising committee is being created to brainstorm ideas and concepts. We are asking the boards to select a representative to sit on this committee. If you are interested, please contact Harry Tuchmayer. New Branch Name Harry Tuchmayer passed out the list of names under consideration for the new branch. The board discussed the pros and cons of all names and it was determined that Pine Valley best describes the location of the new branch. Motion: Virginia Teachey MOVED, SECONDED by Andrew Jones, to recommend the name New Hanover County Public Library Pine Valley Branch as the name for the new library. Upon vote, the MOTION WAS CARRIED UNANIMOUSLY. Harry Tuchmayer will submit this to the County Manager for the consideration of the Commissioners. Old Business Naming of the NHC Public Library Story Park Although it has been discussed at previous meetings, we realized that a formal vote was never taken on the name of the Park at the Main Library. Motion: Jan Brewington MOVED, SECONDED by John Garner, to approve the naming of the park at the Main Library to "NHC Public Library Story Park ". Upon vote, the MOTION WAS CARRIED UNANIMOUSLY. Collection Development Policy 13.0 Paige Owens submitted the Collection Development Policy 13.0 prior to the meeting. She had received feedback from Paul Smith on two wording corrections and those have been made and were presented to the board. Motion: Andrew Jones MOVED, SECONDED by Virginia, to approve the Collection Development Policy 13.0 as written. Upon vote, the MOTION WAS CARRIED UNANIMOUSLY. Sections 13.1 — 13.9 of the policy were distributed to the committee for review and will be voted on at future meetings. Minutes 08 18 2016 LAB Board of Commissioners - September 6, 2016 ITEM: 3 - 2 - 3 Page 3 Harry Tuchmayer added that he would like the board to review our Strategic Plan so that it can be discussed at the September meeting. Upcoming Library Events Fall Book Sale at Northeast • Members Only: Friday, September 23rd. 5:30 — 9:00 pm. If you are not already a member you can join at the door. $15 /yr. • September 24th — 25th: Saturday 9 -5, Sunday 1 -5 • September 30th — October 2nd: Friday 9 -5, Saturday 9 -5, Sunday 1 -5 Haunted Library! Saturday, October 29th, the Main Library will host the Haunted Library. We will close for regular business at 1:00. • Time: 2:00pm - 5:00pm NHCPL's 5th Annual Spooky Storytelling Festival for Children! This event is fun for the whole family with silly and spooky activities for all ages! • Time: 6:00pm - 9:00pm Are you brave enough to enter NHCPL's Haunted Basement? This haunted house attraction is VERY SCARY and may not be suitable for young children. Adiournment There being no further business, Chair Paul Smith adjourned the meeting at 3:00 p.m. Our next meeting will be September 18th at the Main Library. Amy Damutz will Chair the board during Paul Smith absence. Respectfully submitted, Yvette Mays NHCPL Administrative Support Specialist Please note that the above minutes are not a verbatim record of the Library Advisory Board meeting. Minutes 08 18 2016 LAB Board of Commissioners - September 6, 2016 ITEM: 3 - 2 - 4 Page 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION NAMING OF COUNTY FACILITIES WHEREAS, New Hanover County is expected to relocate its Myrtle Grove Library Branch in FY 17 -18 to its new location at 3802 S. College Road; and WHEREAS, with the relocation of the Myrtle Grove Library Branch, the replacement branch will be in the Pine Valley area; and WHEREAS, the Carolina Courtyard at the Main Library Branch has undergone a complete redesign and repurposing with the construction phase expected to be completed in October 2016; and WHEREAS, the Carolina Courtyard has been redesigned and repurposed so that it will serve as an extension of the library, provide outdoor space for programming, and serve as a pocket park; and WHEREAS, with the relocation of the Myrtle Grove Library Branch, the need has arisen to name the new library branch so that it identifies its location; and WHEREAS, with the redesign and repurposing of the Carolina Courtyard, the need has arisen to rename the courtyard so that it better clarifies its purpose. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that the following names will be the official names for their respective facilities: "New Hanover County Public Library Pine Valley Branch" ADOPTED this the 6th day of September, 2016. "New Hanover County Public Library Story Park" NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - September 6, 2016 ITEM: 3 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 CONSENT DEPARTMENT: Public Safety Comm Center PRESENTER(S): Warren Lee, Emergency Management/911 Director CONTACT(S): Debra Cottle, 911 Manager SUBJECT: Adoption of a Resolution Approving the Sole Source Award of Contract for the Upgrade of the Motorola 800 MHz Astro 25 Public Safety Radio System to Motorola, Inc., in the Amount of 51,727,023 BRIEF SUMMARY: New Hanover County is upgrading the existing 14- channel Motorola 800 MHz Astro 25 public safety radio system that was purchased in 2005. Currently, there are approximately 7,500 individual public safety and public service radios affiliated with the system. This upgrade will refresh the operating system software and a number of the infrastructure hardware components to Motorola's latest version. A number of the current system components have reached or exceeded manufacturer's end of life for parts and /or service and must be replaced. By nature of the complex proprietary hardware and software components as well as the overall system design, it is recommended that Motorola and Motorola Service Partners who are trained on Motorola systems perform expansion and maintenance services on the system in order to protect the County's investment and ensure that all equipment remain compatible. North Carolina General Statutes 143- 129(e) (6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available; B. a needed product is available from only one source of supply; or C. standardization or compatibility is the overriding consideration. Compatibility with the County's current Motorola Astro 25 public safety radio system is the overriding factor being considered as justification to award this purchase to Motorola, Inc. which has submitted a quote of $1,727,023 for this project. Funding for this project included in the Adopted FY16 -17 CIP Budget ($1,272,823) and Emergency Telephone System Fund - Article 3 ($454,200) Budget. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - September 6, 2016 ITEM: 4 Adopt resolution for Sole Source Award of Contract for the Upgrade of the Motorola 800 MHz Astro 25 Public Safety Radio System to Motorola, Inc., in the amount $1,727,023. ATTACHMENTS: Resolution Proposal COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SOLE SOURCE AWARD EXCEPTION TO COMPETITIVE BIDDING REQUIREMENTS WHEREAS, New Hanover County is upgrading its existing 14- channel Motorola 800 MHz Astro 25 public safety radio system that was purchased in 2005 which includes approximately 7,500 individual public safety and public service radios; and WHEREAS, this upgrade will refresh the operating system software and a number of the infrastructure hardware components to Motorola's latest version; and WHEREAS, a number of the current system components have reached or exceeded manufacturer's end of life for parts and /or service and must be replaced; and WHEREAS, by nature of the complex proprietary hardware and software components as well as the overall system design, it is recommended that Motorola and Motorola Service Partners, who are trained on Motorola systems perform expansion and maintenance services on the system; and WHEREAS, General Statutes 143- 129(e)(6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available B. a needed product is available from only one source of supply C. standardization or compatibility is the overriding consideration; and WHEREAS, compatibility with the County's current Motorola Astro 25 public safety radio system is the overriding factor being considered as justification to award this purchase to Motorola, Inc., who has submitted a quote of $1,727,023 for this project; and WHEREAS, this exception to the bidding requirements referred to as "Sole Source" mustbe approved by the Board prior to purchase. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of New Hanover County approves the Sole Source award of contract for the upgrade of the Motorola 800 MHz Astro 25 Public Safety Radio System to Motorola, Inc., in the amount of $1,727,023 in accordance with the sole source provisions outlined in GS 143- 129(e)(6). ADOPTED this the 6th day of September, 2016. Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - September 6, 2016 ITEM: 4 - 1 - 1 UFECYCLE 7.4- 7.16 The design, technical, and cost information furnished with this proposal is proprietary information of Motorola, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal, MftFd tbf ITEM: 4 - 2 - 1 Section 1 Statementof Work ........................................................................................... ............................... 1 -1 ASTRO 25 SOFTWARE MAINTENACE AGREEMENT (SMA) ....................... ............................... 1 -1 1.0 Description of Service and Obligations ............................................. ............................... 1 -1 2.0 eXCLUSIONS AND IIMITATIONS .................................................... ............................... 1 -2 3.0 SPECIAL PROVISIONS ................................................................... ............................... 1 -3 Appendix A - System Pricing Configuration .................................................. ............................... 1 -4 Appendix b — Security Update Service (SUS) Statement of Work ................ ............................... 1 -5 Section 2 EquipmentList ................................................................................................. ............................... 2 -1 Section 3 Pricing.............................................................................................................. ............................... 3 -5 Section 4 Communications System Agreement ............................................................... ............................... 4 -6 New Hanover County, North Carolina System Upgrade 7.7 to 7.146 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricte Board of Commissioners - September 6, 2016 Table of Contents ITEM: 4 - 2 - 2 © MOTOROLA SOLUTIONS August 17, 2016 Warren Lee New Hanover County Emergency Management 230 Government Center Drive Wilmington, NC 28403 Subject: New Hanover County 7.14 — 7.16 Lifecycle Upgrade Dear Mr. Warren Lee, Motorola Solutions, Inc. ( "Motorola ") is pleased to have the opportunity to provide New Hanover County with quality communications equipment and services. The Motorola project team has taken great care to propose a solution that will meet your needs and provide unsurpassed value. To best meet the functional and operational specifications of this solicitation, Motorola' solution includes a combination of hardware, software, and services. Motorola' proposes the lifecycle upgrade on New Hanover County's current ASTRO 25 radio system from 7.4 to 7.16 as indicated in this proposal. This proposal consists of this cover letter, the Statement of Work and the Communications Systems Agreement (CSA), together with its Exhibits. This proposal shall remain valid for a period of 60 days from the date of this cover letter. New Hanover County may accept the proposal by delivering to Motorola the signed CSA by New Hanover County. Alternatively, Motorola would be pleased to address any concerns New Hanover County may have regarding the proposal. Any questions can be directed to your Motorola Direct Account Manager, Kristin Donovan, at 910 - 777 -8555. We thank you for the opportunity to furnish New Hanover County with "best in class" solutions and we hope to strengthen our relationship by implementing this project. Our goal is to provide you with the best products and services available in the communications industry. Sincerely, Motorola Solutions, Inc. Ed Harr Ed Harr Area Sales Manager- NC /SC Board of Commissioners - September 6, 2016 ITEM: 4 - 2 - 3 Board of Commissioners - September 6, 2016 ITEM: 4 - 2 - 4 ;—,"I STATEMENT 0FVY0RK ASTRO 25 SOFTWARE MAINTENACE AGREEMENT (SMA) 1.0 DESCRIPTION OF SERMCE AND OBLJGATONS 1.1 As system releases become available, Motorola agrees to provide the Customer with the software required to execute up to one system infrastructure upgrade in a 12 month period for their ASTRO 25 system. At the time of the system release upgrade, Motorola will provide applicable patches and service pack updates when and if available. Currently, Motorola's service includes 3rd party SW such as Microsoft Windows and Server OS, Red Hat Linux, Sun Solaris and any Motorola software service packs that may be available. Motorola will only provide patch releases that have been analyzed, pre- tested, and certified in a dedicated ASTRO 25 test lab to ensure that they are compatible and do not interfere with the ASTRO 25 network functionality. Additionally, if purchased, the Security Update Service (SUS) coverage is defined in Appendix B. 1.2 ASTRO 25 system releases are intended to improve the system functionality and operation from previous releases and may include some minor feature enhancements. At Motorola's option, system releases may also include significant new feature enhancements that Motorola may offer for purchase. System release software and hardware shall be pre- tested and certified in Motorola's Systems Integration Test lab. 1.3 ASTRO 25 SMA entitles a Customer to past software versions for the purpose of downgrading product software to a compatible release version. 1.4 The following ASTRO 25 certified system release software for the following products are covered under this ASTRO 25 SMA: base stations, site controllers, comparators, routers, LAN switches, servers, dispatch consoles, logging equipment, network management terminals, Network Fault Management ( "NFM ") products, network security devices such as firewalls and intrusion detection sensors, and associated peripheral infrastructure software. 1.5 Product programming software such as Radio Service Software ( "RSS "), Configuration Service Software ( "CSS "), and Customer Programming Software ( "CPS ") are also covered under this SMA. 1.6 ASTRO 25 SMA makes available the subscriber radio software releases that are shipping from the factory during the SMA coverage period. New subscriber radio options and features not previously purchased by the Customer are excluded from ASTRO 25 SMA coverage. Additionally, subscriber software installation and reprogramming are excluded from the ASTRO 25 SMA coverage. 1.7 The ASTRO 25 SMA does not cover all products. Refer to section 2.0 for exclusions and limitations. 1.8 ASTRO 25 SMA pricing is based on the system configuration outlined in Appendix A. This configuration is to be reviewed annually from the contract effective date. Any change in system configuration may require an ASTRO 25 SMA price adjustment. 1.9 The ASTRO 25 SMA applies only to system release upgrades within the ASTRO 25 7.x platform. New Hanover County, North Carolina System Upgrade 7.7 to 7.146 Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 Statement of Work 1 -1 ITEM: 4 - 2 - 5 1. 10 Motorola will issue Software Maintenance Agreement ( "SMA ") bulletins on an annual basis and post them in soft copy on a designated extranet site for Customer access. Standard and optional features for a given ASTRO 25 system release are listed in the SMA bulletin. 1.11 The Customer agrees that they shall: 1.11.1 Contact Motorola to schedule and engage the appropriate Motorola resources for a system release upgrade. 1.11.2 Provide high -speed internet connectivity at the zone core site(s) for use by Motorola to perform remote upgrades and diagnostics. Specifications for the high -speed connection are provided in Appendix C. High -speed internet connectivity must be provided at least 12 weeks prior to the scheduled upgrade. In the event access to a high -speed connection is unavailable, Customer may be billed additional costs to execute the system release upgrade. 1.11.3 Purchase any hardware and labor needed to implement system release upgrades. 1.11.4 Purchase optional system release features or system expansions. 1.11.5 Purchase any additional hardware and software needed to implement any optional system release features or system expansions. 1.11.6 Provide or purchase labor to implement optional system release features or system expansions. 1.11.7 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide software upgrade services. 20 EXCLUSIONSAND UNTAl1ONS 2.1 The parties agree that Systems that have non - standard configurations that have not been certified by Motorola Systems Integration Testing are specifically excluded from the ASTRO 25 SMA unless otherwise agreed in writing by Motorola and included in this SOW. 2.2 The parties acknowledge and agree that the ASTRO 25 SMA does not cover the following products: ■ MCC5500 Dispatch Consoles ■ MIP5000 Dispatch Consoles ■ Plant /E911 Systems ■ MOTOBRIDGE Solutions ■ ARC 4000 Systems ■ Motorola Public Sector Applications Software ( "PSA ") ■ Custom SW, CAD, Records Management Software ■ Data Radio Devices ■ Mobile computing devices such as Laptops ■ Non - Motorola two -way radio subscriber products ■ Genesis Products ■ Point -to -point products such as microwave terminals and association multiplex equipment New Hanover County, North Carolina System Upgrade 7.4 to 7.16 © Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 - 2 - 6 Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 1 -2 2.3 ASTRO 25 SMA does not cover any hardware or software supplied to the Customer when purchased directly from a third party, unless specifically included in this SOW. 2.4 ASTRO 25 SMA does not cover software support for virus attacks or other applications that are not part of the ASTRO 25 system, or unauthorized modifications or other misuse of the covered software. Motorola is not responsible for management of anti -virus or other security applications (such as Norton). 2.5 Upgrades for equipment add -ons or expansions during the term of this ASTRO 25 SMA are not included in the coverage of this SOW unless otherwise agreed to in writing by Motorola. 3.1 Customer acknowledges that if its System has a Special Product Feature, additional engineering may be required to prevent an installed system release from overwriting the Special Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be incorporated into a system release and whether additional engineering effort is required. If additional engineering is required Motorola will issue a change order for the change in scope and associated increase in the price for the ASTRO 25 SMA. 3.2 Customer will only use the software (including any System Releases) in accordance with the applicable Software License Agreement. 3.3 ASTRO 25 SMA services do not include repair or replacement of hardware or software that is necessary due to defects that are not corrected by the system release, nor does it include repair or replacement of defects resulting from any nonstandard, improper use or conditions; or from unauthorized installation of software. 3.4 ASTRO 25 SMA coverage and the parties' responsibilities described in this Statement of Work will automatically terminate if Motorola no longer supports the ASTRO 25 7.x software version in the Customer's system or discontinues the ASTRO 25 SMA program; in either case, Motorola will refund to Customer any prepaid fees for ASTRO 25 SMA services applicable to the terminated period. 3.5 If Customer cancels a scheduled upgrade within less than 12 weeks of the scheduled on site date, Motorola reserves the right to charge the Customer a cancellation fee equivalent to the cost of the pre- planning efforts completed by the Motorola Solutions Upgrade Operations Team. 3.6 The SMA annualized price is based on the fulfillment of the 12 month term. If Customer terminates, except if Motorola is the defaulting party, Customer will be required to pay for the balance of payments owed if a system release upgrade has been taken prior to the point of termination. New Hanover County, North Carolina System Upgrade 7.7 to 7.146 Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 - 2 - 7 Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 1 -3 APPENDIX A - SYSTEM PRICING CONRGURA -nON This configuration is to be reviewed annually from the contract effective date.. Any change in system configuration may require an ASTRO 25 SMA price adjustment. Core Master Site Configuration M2 Zones in Operation (Including DSR and Dark Master Sites) 1 Zone Features: IV &D, TDMA, Telephone Interconnect, CNI, HPD, CSMS, IA, POP25, Text Messaging, Outdoor Location, ISSI 8000, InfoVista, KMF /OTAR 1 RF System Voice RF Sites & RF Simulcast Sites (including Prime Sites) 5 Repeaters /Stations (FDMA) 56 Repeaters /Stations (TDMA) 0 HPD RF Sites 0 HPD Stations 0 Dispatch Console System Dispatch Sites 1 Gold Elite Operator Positions 0 MCC 7500 Operator Positions (GPIOM) 0 MCC 7500 Operator Positions (VPM) 25 Conventional Channel Gateways (CCGW) 8 Conventional Site Controllers (GCP 8000 Controller) 1 Logging System Number of AIS Servers 0 Number of Voice Logging Recorder 0 Number of Logging Replay Clients 0 Network Management and MOSCAD NFM Network Management Clients 2 MOSCAD NFM Systems 1 MOSCAD NFM RTUs 5 MOSCAD NFM Clients 1 Fire Station Alerting (FSA) FSA Systems 0 FSA RTUs 0 FSA Clients 0 Fire Station Alerting (FSA) Voice Subscribers non -APX 0 Voice Subscribers APX 0 HPD Subscribers 0 Computing and Networking Hardware (for SUA / SUA 11, actual replacement qty may be less than shown Workstations - High Performance 3 Workstations - Mid Performance 25 Servers - High Performance 4 Servers - Mid Performance 0 LAN Switch - High Performance 3 LAN Switch - Mid Performance 11 Routers 22 New Hanover County, North Carolina System Upgrade 7.4 to 7.16 © Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 - 2 - 8 Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 1 -4 APPENDIX B- SECURITY UPDATE SERIACE (SUS) STATBVIENT OF WORK 1.0 Definitions Terms that are capitalized but not defined in this Statement of Work shall have the definition given to such terms in the Service Terms and Conditions, the Communications System Agreement or other applicable agreement. The following terms have the following meanings: 1.1 Non - Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company, including but not limited to the anti -virus definitions, operating system software patches and signature files that will be pre- tested pursuant to this Statement of Work. 1.2 System: The currently shipping Motorola ASTROO 25 System Release and up to 5 releases prior 1.3 Supported Release: Security Update Service is available on the currently shipping Motorola ASTROO 25 System Release and up to 5 releases prior. If a customer is on a System Release outside of the N -5 release schedule, then they cannot purchase this service. 2.0 Description of Services With Security Update Service ( "Service "), Motorola pretests the updated commercial anti -virus definitions for the Microsoft Windows based boxes on a System. This Service includes Motorola obtaining Microsoft Security Updates for Windows operating system, Solaris recommended patch bundles, Red Hat Linux security patches, anti -virus definitions* and intrusion detection sensor updates for Motorola supplied equipment from applicable original equipment manufacturer (OEM). Motorola will evaluate and pre -test each update on Motorola's ASTRO 25 test System components for operational impact. Motorola's verification and evaluation process for anti -virus definitions will consist of applying each update to an appropriate ASTRO 25 system release that corresponds and is consistent with supported ** and fielded systems. Each assessment will consist of no less than 36 hours of examination time to evaluate the impact each anti -virus update has to the system. Upon satisfactory completion of the assessment pertaining to anti- virus signatures, these updates will be provided on a weekly basis either automatically or through connecting to Motorola's secured extranet connection. When anti -virus definitions classified as Category 4 (Severe, difficult to contain) and Category 5 (Very Severe, very difficult to contain) by the commercial Approved by Motorola Contracts & Compliance: 8/1/2012 supplier are released, Motorola will determine if a high - priority release is necessary. Operating system updates /patches will be made available to our customers electronically upon successful testing in our lab environments on a monthly basis for Microsoft patches and on a quarterly basis for all others. NOTICE: If a customer wants antivirus and IDS updates automatically deployed onto their network, then they must purchase the Security Monitoring service. Otherwise, customers may download the updates from the secure extranet site and manually deploy them onto their network. Motorola will perform testing only on standard configurations certified by Motorola System Integration Testing (SIT) and Motorola supplied equipment/software prior to making an update available to Customers. New Hanover County, North Carolina System Upgrade 7.7 to 7.146 Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 - 2 - 9 Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 1 -5 * - Not all systems are provided antivirus for Microsoft and UNIX platforms. To receive full antivirus support under this service offering, the customer must have a standard ASTRO 25 system that is supported and also has implemented antivirus for UNIX. ** - Supported is defined as the current system release and the last five prior. Support beyond this model requires approval from the Customer Service Manager and the Security Services Product Manager. For extended coverage, please communicate a formal request to your account manager. The customer will be responsible for deploying Microsoft, Oracle, Sun Microsystems, UNIX, and Linux security updates from a Motorola provided secured extranet Web site. Antivirus and IDS updates will be capable of being pushed automatically to the customer ASTRO25 network only if the Security Monitoring service is purchased by the customer. If there is a recommended configuration change that is successfully tested on the ASTRO 25 test System, Motorola will provide detailed instructions for performing the configuration change. Inclusions: Security Update Service is available on the currently shipping Motorola ASTRO 25 System Release and up to 5 releases prior. If a customer is on a System Release outside of the N -5 release schedule, then they cannot purchase this service. Exclusions: Systems that have non - standard configurations that have not been certified by Motorola SIT are specifically excluded from this Service unless otherwise agreed in writing by Motorola. Service does not include pre- tested intrusion detection system (IDS) updates for IDS solutions not purchased through Motorola. NICE Recorder, certain consoles, MARVLIS, Symbol Equipment, AirDefense Equipment, AVL, and Radio Site Security products are also excluded. The scope of service coverage is defined by Motorola Services and is subject to change based on OEM support lifecycles. The terms and conditions of this Statement of Work are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 3.0 Motorola has the following responsibilities: 3.1 Obtain anti -virus definitions for the Microsoft Windows platform, intrusion detection sensor signatures for Motorola supplied IDS, Microsoft Security Updates for Windows Operating system, Solaris operating system recommended patch bundles, and Red Hat Linux security patches from Motorola selected commercial suppliers. 3.2 Evaluate anti -virus definitions classified as Category 4 and 5 by Motorola selected commercial supplier to determine if a high- priority release is required. Motorola in its discretion will determine the urgency of the update based on the impact to the System. 3.3 Identify and document latest System vulnerabilities and compliance issues discovered during quarterly vulnerability scan performed in Section 3.4. 3.4 Investigate new vulnerabilities and compliance issues that are identified. Recommended response may include, but is not limited to, ASTRO 25 Systems, deploy security software updates; deploy operating system security updates or patches; implement configuration changes; upgrade to current New Hanover County, North Carolina System Upgrade 7.4 to 7.16 © Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 - 2 - 10 Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 1 -6 ASTRO 25 System Release (actual upgrade expense not included in this service offering); or recommending a compensating control. 3.5 Pre -test recommended remediation when applicable and make documentation and /or software updates available to Customer electronically. 3.6 Provide documented response with recommended remediation when applicable for all new vulnerabilities quarterly or at Motorola's discretion to Customer electronically. 3.7 Test anti -virus definitions, intrusion detection sensor signatures, and operating system security updates /patches by deploying them on a dedicated ASTRO 25 test System with the standard supported configurations, which include Motorola's then current approved cohabitated applications. 3.8 Confirm that tested anti -virus definitions, intrusion detection sensor signatures, and operating system security updates /patches do not degrade or compromise System functionality on dedicated test System within the standard supported configurations. 3.9 Address issues identified during testing to support functionality under the procedures specified in 3.8 above by working with Motorola selected commercial supplier or Motorola product development engineering team. 3.10 Release pre- tested anti -virus definitions and intrusion detection sensor signatures for Motorola supplied IDS electronically on a weekly basis upon successful completion of the weekly test cycle to be completed one week after release by commercial supplier unless an issue is detected or within 36 hours from Motorola selected commercial supplier's Category 4 & 5 certified virus definitions being available or at Motorola's discretion if determined by Motorola to be a high- priority release. Release may include Approved by Motorola Contracts & Compliance: 8/1/2012 the anti -virus definition file, intrusion detection sensor signatures, updated configuration files, instructions and other information deemed pertinent by Motorola. 3.11 Release Microsoft, Solaris and Red Hat Linux operating system security patches /updates when they are certified and available with instructions for obtaining patch /update for Customer deployment on the Customer system. Microsoft operating system security updates will be released monthly as available from Motorola selected commercial supplier upon successful completion of monthly test cycle. Solaris and Red Hat Linux operating system security patches will be released quarterly upon successful completion of quarterly test cycle or at Motorola's discretion. 3.12 Notify Customer when the latest release is available with instructions on where to obtain latest release. 3.13 Provide technical assistance if there is an issue with the installation of an update. 3.14 Maintain annual Customer subscriptions for anti -virus definitions and intrusion detection sensor signatures, with Motorola selected commercial supplier. 4.0 Customer has the following responsibilities: 4.1 Provide means for accessing pre- tested files electronically. New Hanover County, North Carolina System Upgrade 7.7 to 7.146 Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 - 2 - 11 Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 1 -7 4.2 Deploy pre- tested files on Customer System as instructed in the "Read Me" text provided. 4.3 Implement recommended remediation(s) on Customer System as determined necessary by Customer. 4.4 Upgrade System to a Supported System Release as necessary to continue Service. 4.5 Identify one point of contact for issues specific to Security Update Service. 4.6 Cooperate with Motorola and perform all acts that are reasonable and /or necessary to enable Motorola to electronically provide Security Update Service — Platinum to Customer. 4.7 Comply with the terms of the applicable license agreement between Customer and the Non - Motorola Software copyright owner. 4.8 Adhere closely to the System Support Center (SSC) troubleshooting guidelines provided upon system acquisition. A failure to follow SSC guidelines may cause Customer and Motorola unnecessary or overly burdensome remediation efforts that may result in a service fee to Customer. New Hanover County, North Carolina System Upgrade 7.4 to 7.16 © Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 -2-12 Use or disclosure of this proposal is subject to the restrictions on the cover page. Statement of Work 1 -8 EQUIPMENT UST This section lists the equipment necessary for the proposed solution. QTY NOMENCLATURE DESCRIPTION 1 SQM01SUM0273 MASTER SITE CONFIGURATION 1 CA02831AA ADD: M2 SYSTEM WITH REDUNDANCY 1 CA02113AA ADD: ASTRO 25 FDMA TRKG OPERATION 1 CA01723AE ADD: BASELINE BACK UP 7.16 1 CA02835AA ADD:WINDOW SUPPLEMENTAL TRANS CONFIG 7.16 4 UA00153AA ADD: ASTRO 25 FDMA SITE LICENSE 5 UA00156AA ADD: MCC7500 CONSOLE LICENSES (QTY 5) 2 CA01316AA ADD: UNC ADDTL DEVICE LIC (QTY 10) 16 UA00152AA ADD:500 RADIO USER LICENSES 2 UA00136AA ADD: UNIFIED NETWORK CONFIGURATOR UNC 2 UA00147AA ADD: PROVISIONING MANAGER 2 UA00146AA ADD: UNIFIED EVENT MANAGER (UEM) 1 UA00225AA ADD: UEM ENHANCED NAVIGATION 2 UA00227AA ADD: UEM SNMP ELEMENT MANAGEMENT TOOLKIT (QTY 10) 2 UA00141AA ADD: ZONEWATCH GRID & CTRL 2 UA00144AA ADD: ZONE HISTORICAL RPTS 2 UA00151AA ADD: AFFILIATION USER RPTS 2 UA00149AA ADD: RADIO CONTROL MANAGER 2 UA00150AA ADD: DYNAMIC REPORTS 19 CA02193AA ADD: ANTI- MALWARE DEF UPDATE LIC 1 CA02950AA ADD: INTEROPERABILITY ENABLEMENT 7.16 1 DSSTCU8000100 SEAGATE: 8TB BUSINESS STORAGE 4 -BAY NAS 1 DLN6692 HP LASERJET PRINTER CP3525DN 110V 1 TT2833 COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON RETURNABLE) 1 T8206 ASTRO CLIENT APPL SW 7.16 1 TT2177 INTOUCH RUNTIME 60K TAG W /0-1 /0, V10.1, LIC ONLY 1 TT2296 HYPERACCESS VERSION 9.0 1 DDN9048 SERIAL/ I 1 PORT SEAT LICENSE 1 DS019BLK 19 INCH NON -TOUCH MONITOR, BLACK 1 TT2833 COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON RETURNABLE) New Hanover County, North Carolina System Upgrade 7.7 to 7.14 Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 -2-13 Use or disclosure of this proposal is subject to the restrictions on the cover page. Equipment List 2 -1 1 T8206 ASTRO CLIENT APPL SW 7.16 1 DS019BLK 19 INCH NON -TOUCH MONITOR, BLACK 27 T7885 MCAFEE WINDOWS AV CLIENT 1 DDN1933 PURCHASED SOFTWARE, FORTITOKEN PACK 1 TT2022 MRV - LX4000T 8 PORT TERMINAL SERVER, NO DIAL -UP MODEM INCLD. 1 DSNEYW1 NCP SECURE ENTRY CLIENT/VPN FOR WINDOWS (WIN32 -64) 1 DSTEL6209548200010 ANALOG MODEM V3600 110 120VAC SA UI 46 T7449 WINDOWS SUPPLEMENTAL TRANS CONFIG 1 DSTRAK91009EDC REMOTE SITE REDUNDANT MODULAR FREQUENCY TIMING SYSTEM DC 50 L1700 FSJ1 -50A CABLE: 1/4" SUPERFLEX POLY JKT PER FOOT 4 DDN9769 F1TNM -HC 1/4" TYPE N MALE CONNECTOR FOR FSJ1 -50A CABLE 1 CLN1856 2620 -24 ETHERNET SWITCH 1 SQM01SUM0238 SRC7500 SWITCHING ROUTING CENTER (7.13 AND BEYOND) 1 CA02870AA CA02870AA - ADD: SRC 7500 FOR 7.16 AND BEYOND 1 CA02152AA DUAL CORE LAN SWITCHES (HP3800 -48 PORT) 1 CA01345AA ADD: DUAL GATEWAY ROUTERS STANDARD 1 CA01425AA ADD: RED CORE ROUTER 1 -24 SITES CWR 1 T7537 KVL 4000 KEYLOADER 1 U239AD ADD: ASTRO 25 MODE 1 X795AJ ADD: ASN MODE 1 CA01598AA ADD: AC LINE CORD US 1 C793BM ADD: ADD: DVI -XL ENCRYPTION SOFTWARE 1 CA00182AP ADD: AES ENCRYPTION SOFTWARE 1 X423AF ADD: DES /DES -XL /DES -OFB ENCRYPTION 1 C543 ADD: CABLE FOR RNC, DIU, MGEG 1 C724 CABLE, KEYLOAD 1 CA01603AA ADD: USB COMM /CHARGE CABLE W/ CUP 1 HKN6182 KEYLOADING CABLE ADAPTER (GCAI) 1 TDN9390 KVL CABLE FOR XTS3000 AND MTS2000 1 TKN8209 CABLE KEYLOAD MX 2 TRN7343 SEVEN AND A HALF FOOT RACK 4 DSRMP615A SPD, TYPE 3,120V RACK MOUNT, 15A PLUG -IN W/ (6) 15A NEMA 5 -15 OUTLETS 2 DSOP820B PDU, 120V HARDWIRE (8) 20A OUTLET PDU WITH TYPE 3 SAD PROTECTION 2 DS1101378 RACK MT ADAPTER PLATE, 19 IN FOR DSOP820B, DSOP820B2 & DSNSOP820B 1 DVN4046B MASTER SYSTEM KEY STARTER KIT 1 DLN6975 FRE: DL380 G9 HC 900 GB DISK 1 DLN6972 FRU: DL380 G9 POWER SUPPLY 1 DLN6970 FRU: DL380 G9 HARD DRIVE New Hanover County, North Carolina System Upgrade 7.4 to 7.16 Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 -2-14 Use or disclosure of this proposal is subject to the restrictions on the cover page. Equipment List 2 -2 1 1 DLN6971 FRU: DL380 G9 DVD DRIVE 1 DLN6976 FRE: DL380 G9 HC 600 GB DISK 1 DLN6880 DAS - CHASSIS ONLY 1 DLN6878 DAS - 600 GB SAS HARD DRIVE 1 DLN6978 FRU: DOTHILL 4524 RAID 1/0 CONTROLLER MODULE 1 DLN6867 DAS POWER SUPPLY 1 CKN6967 CABLE, DATA,MINI -SAS TO MINI -SAS HD, LENGTH 1M 1 SQM01SUM0205 GGM 8000 GATEWAY 1 CA01619AA ADD: DC POWER 1 CLN1856 2620 -24 ETHERNET SWITCH 1 CLN1858 3800 -48 ETHERNET SWITCH 1 CLN1856 2620 -24 ETHERNET SWITCH 1 T8126 FORTINET FIREWALL APPLIANCE 1 DLN6940 460W POWER SUPPLY FOR DL380P 1 DLN6967 FRU: 500 GB SATA DRIVE 1 T7385 TERMINAL SERVER 1 SQM01SUM0205 GGM 8000 GATEWAY 1 CA01619AA ADD: DC POWER 1 DLN6742 460 WATT POWER SUPPLY 1 DLN6744 300 GB SAS HARD DISK DRIVE 1 DLN6745 DVD -RW SATA DRIVE (DL360) 1 B1905 MCC 7500 ASTRO 25 SOFTWARE 25 B1933 MOTOROLA VOICE PROCESSOR MODULE 25 CA01642AA ADD: MCC 7500 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE 25 CA01644AA ADD: MCC 7500 /MCC 7100 ADV CONVL OPERATION 25 CA01643AA ADD: MCC 7500 / MCC 7100 TRUNKING OPERATION 25 CA00147AF ADD: MCC 7500 SECURE OPERATION 25 CA00245AA ADD: ADP ALGORITHM 25 CA00140AA ADD: AC LINE CORD, NORTH AMERICAN 25 TT2833 COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON RETURNABLE) 25 T7449 WINDOWS SUPPLEMENTAL TRANS CONFIG 25 T7885 MCAFEE WINDOWS AV CLIENT 25 DDN2089 DUAL IRR SW USB HASP WITH LICENSE (V47) 25 DDN2134 SOUND BLASTER AUDIGY FX PCIE SOUND CARD 25 CDN6673 CREATIVE LABS INSPIRE A60 2 CLN1856 2620 -24 ETHERNET SWITCH 2 SQM01SUM0205 GGM 8000 GATEWAY 2 CA01616AA ADD: AC POWER 1 T7140 G- SERIES SOFTWARE UPGRADE 1 CA01246AA ADD: MCC 7500 CONV SITE UPGRADE New Hanover County, North Carolina System Upgrade 7.7 to 7.14 Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 -2-15 Use or disclosure of this proposal is subject to the restrictions on the cover page. Equipment List 2 -3 8 ST5100 MNR ASTRO/SMARTZONE SOFTWARE UPGRADE 1 T7955 SDM3000 ALL CONFIGURATION SOFTWARE AND FIRMWARE TO CURRENT VERSION 1 CA02411AA ADD: AUX 1 -0 SERVER FIRMWARE UPGRADE 1 TT2833 COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON RETURNABLE) 1 B1934 MCC 7500 VOICE PROCESSOR MODULE FRU 1 CA00147AF ADD: MCC 7500 SECURE OPERATION 25 CA00245AA ADD: ADP ALGORITHM 2 ST5100 MNR ASTRO /SMARTZONE SOFTWARE UPGRADE 2 CLN1859 2620 -48 ETHERNET SWITCH 1 T6592 A -TAC 9600 UPGRADE 14 CA00093AA ADD: ASTRO -TAC 9600 SOFTWARE UPGRADE 1 T7140 G- SERIES SOFTWARE UPGRADE 2 CA01118AA ADD: CIRCUIT BASED MULTISITE SC SW UPGRADE 1 T7955 SDM3000 ALL CONFIGURATION SOFTWARE AND FIRMWARE TO CURRENT VERSION 5 CA02401AA ADD: SDM3000 ASTRO RTU FIRMWARE UPGRADE 4 ST5100 MNR ASTRO /SMARTZONE SOFTWARE UPGRADE 1 T7140 G- SERIES SOFTWARE UPGRADE 56 CA01115AA ADD: CIRCUIT BASED MULTISITE BR SW UPGRADE 4 SQM01SUM0205 GGM 8000 GATEWAY 4 CA01619AA ADD: DC POWER 1 ST6000 S6000 MNR MULTI - PROTOCOL ROUTER 1 ST6017B S6000 4 PORT ULTRAWAN II MODULE 1 ST6018 S6000 12 PORT T1 /E1 11 MODULE 8 CLN1856 2620 -24 ETHERNET SWITCH SECTION 3 New Hanover County, North Carolina System Upgrade 7.4 to 7.16 Motorola Solutions Confidential Restricted Board of Commissioners - September 6, 2016 ITEM: 4 -2-16 Use or disclosure of this proposal is subject to the restrictions on the cover page. Equipment List 3 -4 PRaNG Motorda is pleased to provide the ASTRO 25 Lifecycle Upgrade and Integrated Voice and Data Proposal to New Hanover County, N . Equipment Total $ 2,231,626 00 System integration Total $ 824,43600 SA44 Discount ($1,168, 66300) PO by 9123116 Discount ($16 0,35800) Total System Price $1,727,023.00 Al ' I • "� 16, Prices below reflect a 5% discount for a 5( +) year SUA commitment. Tridng is valid through 12/23/2016. Lifecyde Products (NS .D) w/ SUS 2017 2018 2019 2020 2021 Sjstem Upgrade Agreement I I (SUA 11) 250,679 252,479 254,379 256,279 258,379 2022 1 2023 1 2024 1 2025 1 2026 260,379 1 262,579 1 264,679 1 266,979 1 269,379 W;-," I 92 1. New Hanover County, North Carolina System Upgrade 7.7 to 7.14 Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. Board of Commissioners - September 6, 2016 ITEM: 4 -2-17 Pricing 4 -5 COMUJNICAIIONS SYSTEM AGREEIVIENT New Hanover County, North Carolina System Upgrade 7.4 to 7.16 © Motorola Solutions Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the cover page. Board of Commissioners -September 6, 2016 Communications System Agreement 4 -6 ITEM: 4 - 2 - 18 Communications System Agreement System Upgrade Motorola Solutions, Inc. ( "Motorola ") and New Hanover County, North Carolina ( "Customer ") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the System, as described below. Motorola and Customer may be referred to individually as a "Party" and collectively as the "Parties." For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between Exhibits A through E will be resolved in their listed order. Exhibit A Software License Agreement Exhibit B Payment Schedule Exhibit C Motorola's Proposal dated August 17, 2016 Exhibit D Service Terms and Conditions, if applicable Exhibit E System Acceptance Certificate Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan 2.2. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). 2.3. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine - recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; is explicitly approved for release by written authorization of the disclosing Party; or is released pursuant to law. 2.4. "Contract Price" means the price for the System, excluding applicable sales or similar taxes and freight charges. 2.5. "Effective Date" means that date upon which the last Party executes this Agreement. 2.6. "Equipment" means the equipment that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. 2.7. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). 2.8. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software infringes upon the third party's United States patent or copyright. CSA v.7 -15 -2016 Page 1 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-19 2.9. "Motorola Software" means Software that Motorola or its affiliated company owns 2.10. "Non- Motorola Software" means Software that another party owns. 2.11. "Open Source Software" (also called "freeware" or "shareware ") means software that has its underlying source code freely available to evaluate, copy, and modify. 2.12. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know -how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.13. "Software" means the Motorola Software and Non - Motorola Software, in object code format that is furnished with the System or Equipment. 2.14. "Specifications" means the functionality and performance requirements that are described in Exhibit C. 2.15. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in Exhibit C. 2.16. "System" means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system; the System is described in Exhibit C. 2.17. "System Acceptance" means the Acceptance Tests have been successfully completed. 2.18. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual responsibilities, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement. 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, whichever occurs last. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the Effective Date, Customer may order additional Equipment or Software if it is then available. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through Motorola Online CSA v.7 -15 -2016 Page 2 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-20 ( "MOL "), and this Agreement will be the "Underlying Agreement" for those MOL transactions rather than the MOL On -Line Terms and Conditions of Sale. MOL registration and other information may be found at http:// www. motorola .com /businessandgovernment/ and the MOL telephone number is (800) 814 -0601. 3.5. MAINTENANCE SERVICE. During the Warranty Period, Motorola will provide maintenance services for the Equipment and support for the Motorola Software pursuant to this Agreement. Those services and support are included in the Contract Price. If Customer wishes to purchase additional maintenance and support services for the Equipment during the Warranty Period, or any maintenance and support services for the Equipment after the Warranty Period, the description of and pricing for the services will be set forth in a separate document. If Customer wishes to purchase extended support for the Motorola Software after the Warranty Period, it may do so by ordering software subscription services. Unless otherwise agreed by the parties in writing, the terms and conditions applicable to the maintenance, support or software subscription services will be Motorola's standard Service Terms and Conditions, together with the appropriate statements of work. 3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.7. NON - MOTOROLA SOFTWARE. Any Non - Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non - Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non - Motorola Software. Non - Motorola Software may include Open Source Software. All Open Source Software is licensed to Customer in accordance with, and Customer agrees to abide by, the provisions of the standard license of the copyright owner and not the Software License Agreement. Upon request by Customer, Motorola will use commercially reasonable efforts to determine whether any Open Source Software will be provided under this Agreement; and if so, identify the Open Source Software and provide to Customer a copy of the applicable standard license (or specify where that license may be found); and provide to Customer a copy of the Open Source Software source code if it is publicly available without charge (although a distribution fee or a charge for related services may be applicable). 3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. 3.9. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions. CSA v.7 -15 -2016 Page 3 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-21 Section 4 PERFORMANCE SCHEDULE The Parties will perform their respective responsibilities in accordance with this Agreement. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Section 5 CONTRACT PRICE, PAYMENT AND INVOICING 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is $ 1,727,023.00 for the work described in Exhibit C. If applicable, a pricing summary is included with the Payment Schedule. Motorola has priced the services, Software, and Equipment as an integrated system. A reduction in Software or Equipment quantities, or services, may affect the overall Contract Price, including discounts if applicable. 5.2. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment Schedule. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. For reference, the Federal Tax Identification Number for Motorola Solutions, Inc. is 36- 1115800. 5.3. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre -pay and add all freight charges to the invoices. Title to the Equipment will pass to Customer upon receipt of the shipment. Title to Software will not pass to Customer at any time. Risk of loss will pass to Customer upon delivery of the Equipment to the Customer. Motorola will pack and ship all Equipment in accordance with good commercial practices. 5.4. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address: The final destination address to where the Equipment will be delivered Customer is . The Equipment will be shipped to the Customer at the following address (insert if this information is known): Customer may change this information by giving written notice to Motorola. Section 6 SITES AND SITE CONDITIONS 6.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites; and access to the work sites as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process. 6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; electrical power outlets, distribution and equipment; and telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola will inspect the work site and advise Customer of any apparent deficiencies or non - conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS -222 in effect on the Effective Date. 6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation CSA v.7 -15 -2016 Page 4 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-22 plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. Section 7 TRAINING Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs. Section 8 SYSTEM ACCEPTANCE 8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. 8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. 8.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. 8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 9 REPRESENTATIONS AND WARRANTIES 9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications. 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Equipment. CSA v.7 -15 -2016 Page 5 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-23 9.3. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer's failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System for commercial, industrial, or governmental use only, and are not assignable or transferable. 9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. TO THE EXTENT ALLOWED BY NORTH CAROLINA LAW, MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DELAYS 10.1. FORCE MAJEURE. Neither Party will be liable for its non - performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred CSA v.7 -15 -2016 Page 6 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-24 because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re- mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan. Section 11 DISPUTES 11.1. SETTLEMENT PREFERRED. The Parties, by their project managers, will attempt to settle any dispute arising from this Agreement (except for a claim relating to intellectual property or breach of confidentiality) through consultation and a spirit of mutual cooperation. The dispute will be escalated to appropriate higher -level managers of the Parties, if necessary. 11.2. LITIGATION. A Party may submit to a court of competent jurisdiction in the State of North Carolina any claim relating to intellectual property or a breach of confidentiality provisions. Each Party consents to jurisdiction over it by that court. Either Party may resort to the judicial proceedings described in this section if good faith efforts to resolve the dispute under these procedures have been unsuccessful; or interim relief from the court is necessary to prevent serious and irreparable injury to the Party. Section 12 DEFAULT AND TERMINATION 12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non - performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non - performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan. 12.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise agreed in writing, the non - defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non - defaulting Party any of its Confidential Information. If Customer is the non - defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. Section 13 INDEMNIFICATION 13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any the claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. 13.2. PATENT AND COPYRIGHT INFRINGEMENT. 13.2.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on an Infringement Claim, and Motorola will indemnify Customer for those costs and damages finally awarded against Customer for an Infringement Claim. Motorola's duties to defend and indemnify are CSA v.7 -15 -2016 Page 7 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-25 conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. 13.2.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense procure for Customer the right to continue using the Equipment or Motorola Software, replace or modify it so that it becomes non - infringing while providing functionally equivalent performance, or grant Customer a credit for the Equipment or Motorola Software as depreciated and accept its return. The depreciation amount will be calculated based upon generally accepted accounting standards for such Equipment and Motorola Software. 13.2. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer's designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer's revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product. 13.4. This Section 13 provides Customer's sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 13 are subject to and limited by the restrictions set forth in Section 14. '% �• �I•C• TiTiC I�I��il�� _r�C�7►[�7��1_1- 31���'1 Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or services with respect to which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. An action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought within one year. Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS 15.1.1. Confidentiality Obligation. Each party is a disclosing party ( "Discloser ") and a receiving party ( "Recipient ") under this Agreement. During the term of this Agreement, for a period of three (3) years from the date of expiration or termination of this Agreement, and to the extent allowed by law, recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees, officers, officials, agents, CSA v.7 -15 -2016 Page 8 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-26 volunteers or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not reverse engineer, de- compile or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement. 15.1.2. Required Disclosure. If a recipient is required to disclose Confidential Information pursuant to applicable law, statute, or regulation, or court order, the recipient will give to the discloser prompt written notice of the request and a reasonable opportunity to object to such disclosure and seek a protective order or appropriate remedy. If, in the absence of a protective order, the recipient determines, upon the advice of counsel, that it is required to disclose such information, it may disclose only Confidential Information specifically required and only to the extent required to do so. 15.1.3. Confidential Exceptions. Recipient is not obligated to maintain as confidential, Confidential Information that recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this Agreement; (ii) is explicitly approved for release by written authorization of discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the recipient prior to such disclosure; or (v) is independently developed by recipient without the use of any discloser's Confidential Information or any breach of this Agreement. 15.1.4. Ownership and Retention. All Confidential Information remains the property of the discloser and will not be copied or reproduced without the express written permission of the discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of discloser's written request, recipient will return all Confidential Information to discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement. 15.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non - Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. CSA v.7 -15 -2016 Page 9 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-27 Section 16 GENERAL 16.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within forty -five (45) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Neither Party may assign this Agreement without the prior written consent of the other Party, except that Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 16.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.7. GOVERNING LAW. This Agreement and the rights and duties of the Parties will be governed by and interpreted in accordance with the laws of the State of North Carolina. 16.8. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 16.9. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola Solutions, Inc. Attn: Judy Jean - Pierre Legal, Government Affairs & Corporate Communications 1303 E. Algonquin Road, IL01 -10th Floor Schaumburg, IL 60196 New Hanover County Attn: CSA v.7 -15 -2016 Page 10 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-28 Judy. Jean- Pie rrea- motorolasoIutions.com 16.10. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission ( "FCC') licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. 16.11. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non - Motorola Software); if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16. The Parties hereby enter into this Agreement as of the Effective Date. This Agreement may be executed by each of the Parties hereto in separate counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Motorola Solutions, Inc. Customer By: Name: Title: Date: By: _ Name: Title: Date: CSA v.7 -15 -2016 Page 11 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-29 Exhibit A SOFTWARE LICENSE AGREEMENT This Exhibit A Software License Agreement ( "Agreement ") is between Motorola Solutions, Inc. ( "Motorola ") and New Hanover County in North Carolina ( "Licensee "). For good and valuable consideration, the parties agree as follows: Section 1 DEFINITIONS 1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 "Documentation" means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 "Open Source Software" means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software is licensed. 1.5 "Primary Agreement" means the agreement to which this exhibit is attached. 1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary Software or products containing embedded or pre - loaded proprietary Software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee's use of the Software and Documentation. Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non - transferable (except as permitted in Section 7) and non- exclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source CSA v.7 -15 -2016 Page 12 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-30 Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License (or specify where that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code, without charge, if it is publicly available (although distribution fees may be applicable). Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back- up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 4.4. When using Motorola's Radio Service Software ( "RSS "), Licensee must purchase a separate license for each location at which Licensee uses RSS. Licensee's use of RSS at a licensed location does not entitle Licensee to use or access RSS remotely. Licensee may make one copy of RSS for each licensed location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or intends to use RSS upon Motorola's request. 4.5. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party ( "Auditor ") may inspect Licensee's premises, books and records, upon reasonable prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. CSA v.7 -15 -2016 Page 13 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-31 Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 OWNERSHIP AND TITLE Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de- compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola's processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. The commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period "). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted, error -free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. 6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola's option, Motorola will replace the defective Software with functionally - equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee's paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non - infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee CSA v.7 -15 -2016 Page 14 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-32 paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than RSS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. Section 8 TERM AND TERMINATION 8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non - embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS This Section applies if Licensee is the United States Government or a United States Government agency. Licensee's use, duplication or disclosure of the Software and Documentation under Motorola's copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227 -19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1 )(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227 -7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. CSA v.7 -15 -2016 Page 15 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-33 Section 12 NOTICES Notices are described in the Primary Agreement. Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re- export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State of North Carolina. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA ") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement. 13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. CSA v.7 -15 -2016 Page 16 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-34 Exhibit B Payment Schedule The Contract Price in U.S. dollars is $ 1,900,000.00. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones. 1) 25% of Contract Value upon completion of Customer Design Review; 2) 50% of Contract Value upon Shipment of Equipment; 3) 15% of Contract Value upon Installation of Equipment; and 4) 10% of Contract Value upon System Acceptance Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site -by -site basis, when applicable. CSA v.7 -15 -2016 Page 17 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-35 Exhibit C Motorola's Proposal dated , 2016 CSA v.7 -15 -2016 Page 18 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-36 Exhibit D Service Terms and Conditions Motorola Solutions, Inc. ( "Motorola ") and New Hanover County, NC ( "Customer ") hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then - applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion and in conjunction with the Customer's Project Manager, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must Customer's notification Agreement. CSA v.7 -15 -2016 promptly notify Motorola of any Equipment failure. Motorola will respond to in a manner consistent with the level of Service purchased as indicated in this Page 19 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-37 Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non - hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7 CUSTOMER Contact Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty -four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non - conforming Service or to refund, on a pro -rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT /TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non - performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non - performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it CSA v.7 -15 -2016 Page 20 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-38 under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. CSA v.7 -15 -2016 Page 21 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-39 Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.6. THE MAXIMUM LIFE OF THIS AGREEMENT IS SEVEN (7) YEARS. Prior to the seventh anniversary of the start date, should Motorola wish to continue, it must submit a new proposal, to include a Communications System Agreement, to be negotiated with the Customer. Any new Agreement must be in place on the day following the seventh anniversary. Sixty (60) calendar days prior to the annual anniversary date, Motorola shall provide the Customer with an extension request which clearly states any changes to the original agreement. The Customer, should it desire to continue the Agreement, will submit a letter of concurrence to the Customer's Procurement Branch for approval. Should either party wish to discontinue the Agreement, it must notify the other party in writing not less than thirty (30) calendar days prior to the annual anniversary date. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. CSA v.7 -15 -2016 Page 22 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-40 Exhibit E System Acceptance Certificate Customer Name: Project Name: This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that: 1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed. 2. The System is accepted. Customer Representative: Signature: _ Print Name: Title: Date: Motorola Representative: Signature: _ Print Name: Title: Date: FINAL PROJECT ACCEPTANCE: Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance. Customer Representative: Signature: _ Print Name: Title: Date: CSA v.7 -15 -2016 Motorola Representative: Signature: _ Print Name: Title: Date: Page 23 of 23 Motorola Apttus No. 218964 System Upgrade Board of Commissioners - September 6, 2016 ITEM: 4 -2-41 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 CONSENT DEPARTMENT: Engineering PRESENTER(S): Layton Bedsole, Shore Protection Coordinator CONTACT(S): Jim Iannucci, County Engineer and Layton Bedsole SUBJECT: Approval of Shallow Draft Inlet Fund Grant Request and Adoption of Mason Creek/Atlantic Intracoastal Waterway (AIWW) Crossing Maintenance Dredging Event BRIEF SUMMARY: In 2013, the NC General Assembly established the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund. This Fund managed by the NC Division of Water Resources ( NCDWR) cost shares with local sponsors for maintaining local waterway channels. Staff is proposing to request a NCDWR grant supplementing engineering and construction costs for the Mason Creek /AIWW crossing maintenance dredging event (attached project summary). The Mason Creek /AIWW crossing falls under the statute's definition as "a waterway connection with a maximum depth of 16 feet between the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway." The Mason Inlet Relocation Project (MIRP) has multiple maintenance event triggers. The navigation trigger is shoaling within the AIWW crossing initiated by notification from the US Army Corps of Engineers (USACE). On 8 July 2016, NHC received the USACE's notification of shoaling and the required maintenance dredging within the Mason Creek /AIWW crossing. The grant total is — $1.29M and if approved, the NCDWR would provide 66.67% (— $860K) of the engineering and construction costs leaving approximately 33.33% (— $430K) for the local match. The NHC grant process has been followed and once the project is advertised and an apparent low bid determined, we will bring a construction contract back for the Boards' consideration. The costs would be initially paid through the room occupancy tax with ultimate reimbursement by members of the Mason Inlet Preservation Group. As part of the NCDWR grant application, the Board of Commissioners is required to pass a resolution which is attached documenting the county's intent and understanding of the grant nuances. If approved, grant reimbursements would be dependent on approved and provided project invoices. Any future use of the Shallow Draft Fund would require a resubmittal incorporating event specific details. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - September 6, 2016 ITEM: 5 Staff is requesting approval to submit the NCDWR grant application and the Board's adoption of the resolution. ATTACHMENTS: NHC Project Summary Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 5 New Hanover County Board of Commissioners Project Summary Water Resources Development Grant Application Source: TI Coastal 2016 Mason Creek/Atlantic Intracoastal Waterway Crossing 2016/2017 Maintenance Dredging Event 6 September 2016 Board of Commissioners - September 6, 2016 ITEM: 5 - 1 - 1 Summary New Hanover County (NHC), in coordination with the Mason Inlet Preservation Group (MIPG), manages and maintains the Mason Inlet complex inclusive of the Atlantic Intracoastal Waterway (AIWW) crossing, Mason Creek, the creek's confluence with Banks Channel, Mason Inlet proper and the ebb shoal delta. The inlet complex design, alignment and template dimensions allow for healthy inlet shoulders, sediment flushing and tidal prism access as a connecting channel from the Atlantic Ocean to the AIWW. The Mason Inlet Relocation Project (MIRP) has multiple maintenance event triggers. The navigation trigger is shoaling within the AIWW crossing initiated by notification from the US Army Corps of Engineers (USACE). On 8 July 2016, NHC received the USACE's notification of shoaling and required dredging within the Mason Creek/AIWW crossing. July 2016 surveys determined a shoaled volume of approximately 75,000 cubic yards (attachments). In 2013, the NC General Assembly established the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund. This Fund managed by the NC Division of Water Resources (NCDWR) cost shares with local sponsors for maintaining local waterway channels. NHC would request a Water Resources Development Project Grant supporting the Mason Creek/AIWW crossing 2016/2017 maintenance dredging event. NHC would submit a grant request of 67% of the Mason Creek /AIWW crossing's engineering and construction fees. Elements of MIPG, in coordination with NHC, would meet the remaining 33 %. Once the project is advertised and an apparent low bid determined, we will bring a construction contract back for the Boards' consideration. Board of Commissioners - September 6, 2016 ITEM: 5 - 1 - 2 x - - � il ! xrmeria 540W er arose a - y� .. �nu7x]tvra,cnasr W4YA itiDf tE S6f0�D] LBdCiffE�SV1 SAi S �• _ J :� DdfDG ygi.}Il iii C E t t Rt 55 +W.00 I 77 Y i' as +oo.ao UASONfBE6l OR PERMi U 4S� 5�.�.00 - -- NOT FOR C 4 q. bS+poR� I Plan View I Board of Commissioners - September 6, 2016 ITEM: 5 - 1 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS MASON INLET PROJECT RESOLUTION WHEREAS, the New Hanover County Board of Commissioners desires to support the Mason Inlet Relocation Project (MIRP) through a coordinated effort with the Mason Inlet Preservation Group's (MIPG) implementation of the project's Mason Creek/Atlantic Intracoastal Waterway (AIWW) Crossing 2016/2017 maintenance dredging event. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1) The Board requests the State of North Carolina (NC) to provide financial assistance to the Mason Inlet Preservation Group through New Hanover County's coordination of the Mason Creek/AIWW maintenance dredging project providing 66.67 % or $860,000 of the project's estimated engineering and construction costs; 2) NHC in coordination with MIPG assumes full obligation for payment of the balance of project costs; 3) NHC in coordination with MIPG holds all necessary NC and federal permits; 4) NHC in coordination with MIPG has complied with all applicable laws governing the award of contracts and the expenditure of public funds by local governments; 5) NHC in coordination with MIPG has obtained suitable dredge material disposal areas as needed and all other easements or rights -of -way that may be necessary for the construction and operation of the project without cost or obligation to NC; 6) NHC in coordination with MIPG has assured that the Mason Creek/AIWW crossing is open for use by the public on an equal basis with no restrictions; and 7) NHC in coordination with MIPG will hold NC harmless from any damages that may result from the construction, operation and maintenance of the project. ADOPTED this the 6th day of September, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - September 6, 2016 ITEM: 5 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 CONSENT DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman (301.111 Drill 9 Adoption of a Resolution to Approve the Sole- Source Purchase of Patented Posi -Shell Supplies from LSC Environmental BRIEF SUMMARY: The NHC Landfill uses patented equipment and material to produce daily cover material for the landfill cells that very effectively reduces the air space utilized for cover material while providing a highly effective material to prevent wind -blown litter, reduce odors and control vectors as per permit requirements. Funds are included in the adopted budget for FY16 -17 to purchase materials for landfill cover. The Posi -Shell material and supplies are patented to cover the formulation of ingredients and methods unique to Posi -Shell Environmental Coatings. No other vendors may infringe on these mixtures, including the mineral binders in landfill cover formulations, and therefore LSC Environmental Products, LLC., is the sole source supplier of these methods and materials. As such, this request is made to allow sole - source purchase (in the amount of $75,000) of the supplies and materials from LSC Environmental for as long as the Posi -Shell equipment is used at the NHC Landfill or until other satisfactory unpatented products become available. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution to approve the sole- source purchase of materials and supplies from LSC Environmental for use with the Posi -Shell equipment at the NHC Landfill. ATTACHMENTS: Resolution Sole Source Certification for Patented Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS EXCEPTION TO COMPETITIVE BIDDING REQUIREMENTS RESOLUTION WHEREAS, to purchase a needed product which is available from only one source of supply for use with the current Posi -shell equipment that is currently owned by the County, Environmental Management is requesting approval to purchase Posi -Shell patented materials and supplies from LSC Environmental as a sole source vendor; and WHEREAS, General Statutes 143- 129(e)(6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available; B. a needed product is available from only one source of supply; C. standardization or compatibility is the overriding consideration; and WHEREAS, this exception to the bidding requirements referred to as "Sole Source" must be approved by the Board prior to purchase. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves the purchase of Posi -Shell materials and supplies from LSC Environmental as sole source vendor for as long as the Posi -Shell equipment is used at the New Hanover County Landfill or until other satisfactory unpatented products become available, in accordance with the sole source provisions outlined in GS 143- 129(e)(6). ADOPTED this the 6th day of September, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - September 6, 2016 ITEM: 6 - 1 - 1 A-roseimmShi��I ENVIRONMENTAL COATINGS POST- SHELL® ENVIRONMENTAL COATINGS SOLE SOURCE CERTIFICATION This is to certify that The United States Patent Office has issued Patent Number 7,544,243 and Patent Number 8,029.616 -132 which cover the formulation of ingredients and methods unique to Posi- Shell® Environmental Coatings. No other vendors may infringe on these mixtures, including the use of pozzolanic mineral binders in landfill cover formulations, and therefore LSC Environmental Products, LLC is the sole source supplier of these methods and materials. <04000- ENVIRONMENTAL 2183 Pennsylvania Ave., Apalachin, NY 13732.800- 800 -7671 www.Iscenv.com Revised: 5/31/2016- Domestic Board of Commissioners - September 6, 2016 ITEM: 6 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 CONSENT DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(s): Lisa Wurtzbacher SUBJECT: Approval of New Hanover Regional Medical Center Fourth Amendment to the Letter of Credit and Reimbursement Agreement BRIEF SUMMARY: New Hanover Regional Medical Center issued $40,000,000 of variable rate hospital revenue bonds in 2008. In order to provide security for the payment, an irrevocable letter of credit with RBC Bank, now PNC Bank, was issued. The letter of credit was extended in 2011 and 2014 and will expire on November 6, 2017. This Fourth Amendment to the Letter of Credit and Reimbursement Agreement extends the expiration of this letter of credit to September of 2019. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve County Manager to execute the Fourth Amendment to Letter of Credit and Reimbursement Agreement. ATTACHMENTS: Fourth Amendment Letter of Credit & Reimbursement Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 7 Draft No. 1 August 16, 2016 FOURTH AMENDMENT TO LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT THIS FOURTH AMENDMENT TO LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT, dated as of September _, 2016 (the "Fourth Amendment "), is made by and among the COUNTY OF NEW HANOVER, NORTH CAROLINA, a political subdivision of the State of North Carolina (the "County "), NEW HANOVER REGIONAL MEDICAL CENTER, a North Carolina nonprofit corporation (the "Corporation "), and PNC BANK, NATIONAL ASSOCIATION, a national banking association (the "Bank "). PRELIMINARY STATEMENTS: WHEREAS, the County has issued its $20,000,000 Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series 2008A and its $20,000,000 Variable Rate Hospital Revenue Bonds (New Hanover Regional Medical Center Project), Series 2008B (collectively, the "Bonds "); and WHEREAS, the Bonds were issued under a Series Resolution adopted by the Board of Commissioners for the County on October 20, 2008 (the "Series Resolution "); and WHEREAS, in order to provide security for the payment when due of the principal of, and interest on, the Bonds, pursuant to a Letter of Credit and Reimbursement Agreement, dated as of October 1, 2008 (the "Original Reimbursement Agreement "), RBC Bank (USA) (as predecessor in interest to the Bank) issued its irrevocable letter of credit no. SB004729 (the "Letter of Credit "), naming First - Citizens Bank & Trust Company (succeeded by U.S. Bank National Association), as trustee for the Bonds (the "Trustee "), as beneficiary, in the amount of $40,460,274 (the "Commitment "), of which (a) $40,000,000 supported the payment of principal or portion of the purchase price corresponding to principal of the Bonds and (b) $460,274 supported the payment of up to 35 days of interest or portion of the purchase price corresponding to interest on the Bonds, at an assumed interest rate of 12% per annum (computed on the basis of actual days elapsed in a 365- or 366 -day year, as the case may be); and WHEREAS, the current outstanding principal amount of the Bonds is $34,420,000 and the current amount of the Commitment is $34,816,066; and WHEREAS, the County, the Corporation and RBC Bank (USA) (as predecessor in interest to the Bank) entered into a First Amendment to Letter of Credit and Reimbursement Agreement, dated as of September 1, 2011 (the "First Amendment "), pursuant to which the Bank agreed to modify the Scheduled Expiration Date for the Letter of Credit and to modify the Fee Percentage; and WHEREAS, the County, the Corporation and the Bank entered into a Second Amendment to Letter of Credit and Reimbursement Agreement, dated as of January 30, 2013 (the "Second Amendment "), pursuant to which the Bank agreed to delete certain provisions in the Existing Reimbursement Agreement; and Board of Commissioners - September 6, 2016 ITEM: 7 - 1 - 1 WHEREAS, the County, the Corporation and the Bank entered into a Third Amendment to Letter of Credit and Reimbursement Agreement, dated as of September 22, 2014 (the "Third Amendment" and, together with the Original Reimbursement Agreement, the First Amendment and the Second Amendment, the "Existing Reimbursement Agreement "), pursuant to which the Bank agreed to modify the Scheduled Expiration Date for the Letter of Credit and to modify the Fee Percentage; and WHEREAS, the Letter of Credit is currently scheduled to expire on November 6, 2017; and WHEREAS, the Bank has agreed to modify the Scheduled Expiration Date for the Letter of Credit and modify the Fee Percentage; NOW, THEREFORE, in consideration of the premises stated above and valuable consideration, including the covenants, terms and conditions hereinafter appearing, the parties hereto agree as follows: Section 1. Definitions. (a) Capitalized terms used in this Fourth Amendment and not otherwise defined shall have the meanings given such terms in the Existing Reimbursement Agreement unless expressly modified by this Fourth Amendment. (b) From and after September _, 2016, the following definition set forth in Section 1.1 of the Existing Reimbursement Agreement shall be amended to read as follows: "Fee Percentage" means an amount equal to thirty -nine basis points (0.39 %) so long as the unenhanced long -term rating assigned to the Bonds by S &P and Moody's is at least A- and A3, respectively. If the unenhanced long- term rating assigned to the Bonds by either S &P or Moody's falls below A- or A3, respectively, the Fee Percentage shall increase to forty -nine basis points (0.49 %); provided that, if the unenhanced long -term ratings assigned to the Bonds by S &P and Moody's are subsequently increased to at least A- and A3, respectively, such Fee Percentage shall revert to thirty -nine basis points (0.39 %) per annum. In addition, upon the occurrence and continuance of an Event of Default, or if S &P or Moody's withdraws or suspends, for any reason, the unenhanced long -term rating assigned to the Bonds, the Fee Percentage shall be increased by an additional seventy -five basis points (0.75 %). Any such increase or decrease in the Fee Percentage shall take effect upon the occurrence of the applicable event described above." Section 2. Other Amendments to Existing Reimbursement Agreement. (a) The last sentence of Section 2.1(a) of the Existing Reimbursement Agreement is hereby amended to read as follows: "The Letter of Credit is scheduled to expire on September _, 2019 (such date, or any later date to which the Letter of Credit may from time to time be extended is herein referred to as the "Scheduled Expiration Date"), unless earlier terminated as provided in the Letter of Credit." 2 Board of Commissioners - September 6, 2016 ITEM: 7 - 1 - 2 (b) Article VII of the Existing Reimbursement Agreement is hereby amended to add the following Section 7.18 to read as follows: "Section 7.18 Iran Divestment Certification. The Bank does hereby represent and certify that, the Bank is not listed on a list created and maintained by the North Carolina Department of State Treasurer pursuant to Section 147- 86.58 of the Iran Divestment Act of 2015, Article 6E, as amended, of Chapter 147 of the General Statutes of North Carolina. The Bank will not utilize any subcontractor that is listed on any such list in connection with the transactions contemplated by this Reimbursement Agreement." Section 3. Expenses. Pursuant to Section 2.3(b) of the Original Reimbursement Agreement, in connection with the execution and delivery of this Fourth Amendment and the modification of the Letter of Credit, the Corporation shall pay to Bank counsel a fee of $5,000. The County and the Corporation agree to pay on demand all costs and expenses of the Bank in connection with the preparation, execution, delivery, administration, modification, and amendment of this Fourth Amendment and the other documents to be delivered hereunder. Section 4. Amendments and Waivers. Any provision of this Fourth Amendment may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the County, the Corporation and the Bank. Section 5. Counterparts. This Fourth Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this Fourth Amendment to produce or account for more than one such fully- executed counterpart. Section 6. Severability. If any provision of this Fourth Amendment shall be determined to be illegal or invalid as to one or more of the parties hereto, then such provision shall remain in effect with respect to all parties, if any, as to whom such provision is neither illegal nor invalid, and in any event all other provisions hereof shall remain effective and binding on the parties hereto. Section 7. No Other Amendment. All terms and conditions of the Existing Reimbursement Agreement shall remain in full force and effect, except as specifically supplemented or amended by this Fourth Amendment. [Remainder of page intentionally left blank] 3 Board of Commissioners - September 6, 2016 ITEM: 7 - 1 - 3 IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to Letter of Credit and Reimbursement Agreement to be made, executed and delivered by their duly authorized officers as of the day and year first above written. COUNTY OF NEW HANOVER, NORTH CAROLINA 0 County Manager NEW HANOVER REGIONAL MEDICAL CENTER 0 Executive Vice President and Chief Financial Officer PNC BANK, NATIONAL ASSOCIATION 0 Vice President 4 Board of Commissioners - September 6, 2016 ITEM: 7 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 CONSENT DEPARTMENT: Tax PRESENTER(S): Julie Populorum, Collections Supervisor CONTACT(S): Julie Populorum SUBJECT: Approval of June 2016 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Collections for June 2016 are comparable to collections for June 2015. We are slightly ahead of where we were June 2015. The report for June 2016 in comparison to June 2015 is as follows: New Hanover County Current Year June 2015 Real Property 99.47% 99.21% Personal Property 93.63% 93.70% Motor Vehicle 100% 99.94% Overall Collection Rate 99.05% 98.80% Total collected YTD $172,266,200.01 $163,605,338.93 Fire District Current Year Amil 2015 Real Property 99.42% 99.15% Personal Property 94.78% 95.09% Motor Vehicle 100% 99.93% Overall Collection Rate 99.06% 98.80% Total Collected YTD $8,022,574.34 $8,920,407.82 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: Board of Commissioners - September 6, 2016 ITEM: 8 New Hanover County for June 2016 New Hanover Fire District for June 2016 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 8 New Hanover County M onthiv Collection Report for .line 2016 Qarrent Year 2015 OcvoIID( led 0bate"vdf0 0a&H10tvwKffl Deal Mate Rawl %Peyto 0 otor0ekicle0 Cowbimd 0 149,743,46909 0 M34,W-60 0 6,780.70 0 13,764,169 84 0 02W,927 711 0 2,93941 0 11,227,97934 0 - 0 - 0 0 0 174,727,61627 01,100 ,004 9,720.17 Total Taxes Charged CollecdooDto Date Wvite -off 0 0 0 148,810,0x27 34 148,0,2.9,77/.89 0260. 0 0 0 13 ,030,18004 12,673,017 89 01,1(07.0 0 0 0 11,227,97934 11,227, x{0824 - 0 0 0 173 ,079,78722 171,930 00402- 01,432 Outstanding Balance 0 790,0 84.12 0 8�1,9�[].08 0 22110 0 1,047,�2W Collecdov Rme a - 99.47 1-7,809 4q 93.63 0 100.00 0 99.05 YTD Interest Collected 0 239,38(4 92 0 12,142 0 0 84,110:72. 0 3?0,&U. 99 0 03,29313 0 96O,099 81 Wvite -off 0 1,,143 71E 0 0103,7O4-.9D Total 2015 CollectionsYTD 172�,200.M Prior Years 2005 -2014 Deal Mate Pevf0 wl %perfl 0 otorOekicle0 Cowbimd Ocvoll 0 1,$2&,C0910 0 3,12D,Da0.79 0 1,2.49,783 82 0 (0,2CO,8887(0 0 bate wr,vC 0 0209,424.7 0 02O7)9X. 0 DL,1-0:10E 0 0467,040 0CMDtVwKt 0 0 20,02316 0 0214.6 0 - 0 1-7,809 4q Total Levy 0 1 ,0 86,607.02. 0 2,917,8%01- 0 1,248 ,0 9367 0 0,�03)C07.23 CollecdooDto Date 0 �06,914.C4 0 139,87364 0 03,29313 0 96O,099 81 Wvite -off 0 1,,143 71E 0 0103,7O4-.9D 0 0100)083 0 0209,9319 Outstanding Balance 0 823 ,0 9977 0 2,674,22.7.I[0 0 10],21671 0 4,0 33,044.43 YTD Interest Collected 0 =,718CO 0 2-7,26106 0 2--7,48678 0 178,400.84 Total Prior Year Collections YTD 0 1,138 ,040=0[] Grand Total All CollectionsYTD $173,404,746.66 a AN ROMWO- •WRT -01 de PO to iie Sbavd Board of Commissioners - September 6, 2016 ITEM: 8 - 1 - 1 New Hanover County Fire District M onthly Collection Report for June 2016 Qarrent Year 2015 Scroll /Billed Abatements Adjustments Foal Estate Personal Property Motor Vehicles Combined $ 6,788,748.12 $ (79,412.91) $ (6,749.22) $ 713,081.47 $ (10,871.04) $ 131.65 $ 677,383.70 $ $ $ 8,179,213.29 (90,283.95) (6,617.57) Total Taxes Charged Collectionsto Date Write -off $ $ $ 6,702,585.99 6,663,452.52 (23.49) $ $ $ 702,342.08 665,622.36 (87.04) $ $ 677,383.70 677,383.70 $ $ $ 8,082,311.77 8,006,458.58 (110.53) Outstanding Balance $ 39,109.98 $ 36,632.68 $ - $ 75,742.66 Collection Percentage - 99.42 153.92 94.78 $ 100.00 $ 99.06 YTD Interest Collected $ 10,521.89 $ 495.35 $ 5,098.52 $ 16,115.76 $ 3,567.85 $ 43,291.28 Write -off $ (239.52) $ (3,673.88) Total 2015 CollectionsYTD $ 8, 022, 574.34 Prior Years 2005 -2014 Peal Estate Personal Property Motor Vehicles Combined Scroll $ 98,480.92 $ 156,407.19 $ 59,228.00 $ 314,116.11 Abatements $ (26,059.53) $ (6,466.38) $ (74.53) $ (32,600.44) Adjustments $ 138.52 $ 15.40 $ - $ 153.92 Totall.evy $ 72,559.91 $ 149,956.21 $ 59,153.47 $ 281,669.59 Collectionsto Date $ 31,042.05 $ 8,681.38 $ 3,567.85 $ 43,291.28 Write -off $ (239.52) $ (3,673.88) $ (5,068.39) $ (8,981.79) Outstanding Balance $ 41,278.34 $ 137,600.95 $ 50,517.23 $ 229,396.52 YTD Interest Collected $ 6,984.55 $ 1,692.72 $ 1,424.88 $ 10,102.15 Total Prior Year CollectionsYTD $ 53,393.43 Grand Total All CollectionsYTD $ 8,075,967.77 NEW HANOVERCOUNTY Chairman aerk to the Board Date Board of Commissioners - September 6, 2016 ITEM: 8 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Chairman Beth Dawson CONTACT(S): Chairman Beth Dawson SUBJECT: Consideration of the Constitution Week Proclamation for the Daughters of American Revolution - Stamp Defiance Chapter BRIEF SUMMARY: September 17, 2016 marks the two hundred twenty -ninth anniversary of the drafting of the Constitution of the United States of America. The DAR - Stamp Defiance Chapter will be present at the September 6th meeting and will accept the proclamation recognizing September 17 -23, 2016 as Constitution Week. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation and present. ATTACHMENTS: Constitution Week 2016 Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSTITUTION WEEK 2016 PROCLAMATION WHEREAS, September 17, 2016 marks the two hundred twenty -ninth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; and WHEREAS, in honor of the National Society Daughters of the American Revolution, Stamp Defiance Chapter. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 17 through 23, 2016 be recognized as "Constitution Week" in New Hanover County and asks that citizens reaffirm the ideals the Framers of the Constitution had in 1787. ADOPTED this the 6th day of September, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - September 6, 2016 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Commissioner Rob Zapple CONTACT(S): Commissioner Rob Zapple SUBJECT: Consideration of WHQR Day Proclamation BRIEF SUMMARY: Commissioner Rob Zapple has requested that the Board consider adopting the attached proclamation to declare Tuesday, September 13, 2016 as WHQR Day in New Hanover County. Since 1984 WHQR at 91.3 FM has exceeded radio standards and provides listeners with artistic programming. WHQR's news and information services keeps local citizens informed about their community and the world. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: WHQR Day 2016 Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHQR DAY PROCLAMATION WHEREAS, WHQR Public Radio began broadcasting in Wilmington, North Carolina in 1984; and WHEREAS, WHQR serves the community and exceeds radio standards while providing listeners with cultured programming; and WHEREAS, WHQR keeps local citizens informed about their community through in -depth coverage of events and issues; and WHEREAS, the members of WHQR are devoted to community relations and outreach efforts by volunteering for non - profit and local business projects; and WHEREAS, WHQR provides Emergency Broadcasting during natural disasters throughout southeastern North Carolina and northeastern South Carolina; and WHEREAS, WHQR is inclusive to an audience of different ages, ethnicities, and socioeconomic status and is an asset to the citizens of New Hanover County. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 13, 2016 be recognized as "WHQR Day" in New Hanover County. ADOPTED this the 6th day of September, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - September 6, 2016 ITEM: 10-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 REGULAR DEPARTMENT: Commissioners PRESENTER(S): Yasmin Tomkinson, Cape Fear Literacy Council Executive Director CONTACT(S): Erin Payne, Cape Fear Literacy Council Community Outreach Coordinator and Teresa Elmore, Clerk to the Board SUBJECT: Consideration of 2016 Literacy Awareness Month and International Literacy Day Proclamation BRIEF SUMMARY: Cape Fear Literacy Council and thousands of community -based literacy organizations are celebrating September as "Literacy Awareness Month" and September 8th as "International Literacy Day." Cape Fear Literacy Council provides tutoring and classes in reading, writing, spelling, math and English to thousands of New Hanover County adults. The National Adult Literacy Survey shows there are over 61,000 adults in New Hanover County that are at low levels of literacy. Every year, Cape Fear Literacy Council helps over 500 adult learners improve their job potential and performance. New Hanover County partners with Cape Fear Literacy Council by providing outside agency funding in the amount of $9,500. Yasmin Tomkinson, Cape Fear Literacy Council Executive Director, will be present to accept the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: 2016 Literacy Awareness Month and International Literacy Day Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. 141110ILI16X9 CI7►1311461al0:fll 0 CI7►6`M Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2016 LITERACY AWARENESS MONTH AND INTERNATIONAL LITERACY DAY PROCLAMATION WHEREAS, Cape Fear Literacy Council, in conjunction with ProLiteracy, UNESCO (United Nations Educational, Scientific, and Cultural Organization), and thousands of community -based literacy organizations, is celebrating September as "Literacy Awareness Month" and September 8th as "International Literacy Day "; and WHEREAS, since 1985, Cape Fear Literacy Council has provided tutoring and classes in reading, writing, spelling, math and English communication to thousands of New Hanover County adults; and WHEREAS, the National Adult Literacy Survey indicates that over 61,000 adults in New Hanover County are at low levels of literacy and may struggle to use printed and written information to function in society, achieve their goals, and develop their potential; and WHEREAS, these adults may have difficulty securing jobs and a livable wage for themselves and their families, may not have access to adequate health care because they lack the necessary reading and life skills, may struggle to be effectively involved in their children's education and may have difficulty becoming fully engaged in their communities; and WHEREAS, the best indicator of a child's success in school is whether his/her mother reads, children whose parents have higher literacy skills do better in school, and the future of our community depends on the literacy levels of our adults and children; and WHEREAS, Cape Fear Literacy Council provides a variety of complementary learning opportunities for both acquiring and improving skills and meeting short-term and long -term individualized goals: self - paced computer learning, study skills and writing classes, GED preparation, citizenship preparation, out - of -the- classroom community -based learning, and special topic classes as indicated by students' needs; and WHEREAS, Cape Fear Literacy Council helps over 500 adult learners each year improve their job potential and performance, their community involvement, their families' quality of life, and their own ability to reach their goals and potential. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover Board of Commissioners that September 2016 be recognized as "Literacy Awareness Month" and September 8, 2016 be recognized as "International Literacy Day" in New Hanover County; and BE IT FURTHER PROCLAIMED that the members of the Board of Commissioners pledge themselves and challenge their fellow citizens to work to eliminate illiteracy in New Hanover County. ADOPTED this the 6th day of September, 2016 hI�L� / /:l►[I] %I1:ZKI111��1 Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - September 6, 2016 ITEM: 11-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 REGULAR DEPARTMENT: Strategy & Budget PRESENTER(S): Jennifer Rigby, Strategy and Policy Coordinator CONTACT(S): Jennifer Rigby and Jim Iannucci, County Engineer SUBJECT: Groundwater Audit Presentation BRIEF SUMMARY: As directed by the Board at their July 11, 2016 meeting, New Hanover County Staff members Jim Iannucci, County Engineer, and Jennifer Rigby, Strategy and Policy Coordinator, met with officials from USGS, NC DENR Division of Water Resources Staff, and Cape Fear Public Utility Authority to understand recent and current groundwater studies that are underway or completed. We have been made aware of three studies that are relevant to New Hanover County's groundwater interest. Below is a brief summary of each study. 1) 2012 USGS Study — This study was funded by CFPUA and was focused on the water quality of the aquifer as it relates to saltwater intrusion. The USGS expressed concerns regarding the report because participation in the study was voluntary, based on citizens that were experiencing problems with their wells. The concern is that the study is not comprehensive because it was not a random sampling of wells, it was based on complaints. 2) 2015 USGS Study — This study was funded through the National Water Census and is one of three nationwide studies to address groundwater. The other two areas include Oklahoma and New Mexico. This study is primarily focused on water quantity for the southeastern portion of NC down to Myrtle Beach, SC and will include the following: a. A regional groundwater model identifying recharge areas and rates. b. A surface water model of the Cape Fear River Basin. c. An ecological response model to water availability (e.g. the health of rivers) 3) NC DEQ Water Resources Study — This study is focused on New Hanover County, Brunswick County, and Pender County and how the aquifer is currently being used or the quantity of water in the aquifer. Groundwater users and amounts of use will be identified through this project. Staffs analysis of the existing and current ground water studies concludes that there is sufficient information currently being collected regarding water quantity; however, there is a lack of information regarding water quality. Representatives from the USGS have put together a proposal to build on the 2012 USGS Study with additional collection and analysis and a USGS Scientific Investigations Report related to saltwater intrusion. Additionally, the USGS is preparing a separate proposal that will consider additional contaminants, mapping primary aquifer recharge areas, and potentially providing recommendations. Both of these proposals will be presented to you by USGS staff at your September 15th agenda review session. Next steps can include the following: Additional well sites on New Hanover County property to supplement the NC DEQ Water Study, as requested by NC DEQ staff. Additional USGS studies related to saltwater intrusion and additional contaminants. Consultation with USGS and /or a consultant on best management practices in specific aquifer recharge areas. In the short term, staff recommends working with NC DEQ staff to establish well sites on New Hanover Board of Commissioners - September 6, 2016 ITEM: 12 County property to supplement the NC DEQ Water Study. Staff has requested a proposal from USGS regarding additional studies. This proposal will be presented to the Board of County Commissioners at the September 15th Agenda Review. At this time, staff will provide a recommendation on next steps. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Proceed with additional well sites to supplement the NC DEQ water study. COMMISSIONERS' ACTIONS: Authorized staff to proceed with additional well sites to supplement the NC DEQ water study 5 -0. Board of Commissioners - September 6, 2016 ITEM: 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 REGULAR DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Allison Snell SUBJECT: Consideration of the 2017 Schedule of Values BRIEF SUMMARY: The Board heard a presentation on the proposed 2017 Schedule of Values at their August 1, 2016 meeting. A public hearing on the Schedule of Values was conducted at the August 22, 2016 meeting of the Board of Commissioners. The Schedule of Values is a standardized system and method of handling both data and the application of the three basic approaches to value to achieve equalization and uniformity in the valuation process. This will accomplish the County's goal of determining just and equitable values. The Schedule of Values must now be approved by the Board. The 2017 Schedule of Values is available for review in the New Hanover County Tax Office. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the 2017 Schedule of Values. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 6, 2016 ITEM: 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: Edward "Ted" Shipley, III) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning /Inspections Director SUBJECT: Public Hearing Zoning Ordinance Amendment Request (A -424, 7/16) — Request by Planning Staff to Amend the Zoning Ordinance to Update References to the 2006 CAMA Land Use Plan to Coincide with the Comprehensive Land Use Plan; Known as the "Bridging Ordinance" BRIEF SUMMARY: New Hanover County Planning Staff has drafted a text amendment to serve as a "bridging ordinance" from when the county's comprehensive land use plan is adopted until the adoption of a unified development ordinance (UDO). Detailed and robust discussions involving a diverse set of stakeholders will take place during the UDO project; however, this text amendment is necessary at this time to provide continued administration of the county's zoning ordinance until the UDO is adopted. Because the Zoning Ordinance will remain the county's effective land development ordinance until a new development ordinance is created and adopted, the existing references to the 2006 CAMA Land Use Plan must be removed and replaced with references to the place types within the comprehensive land use plan or other designations as appropriate. The changes in the draft amendment are intended to maintain the spirit and intent of existing regulations until more detailed conversations can take place during the creation of the UDO. However, the changes proposed are stepping stones towards the increased opportunities for intelligent land use and growth woven throughout the county's new comprehensive land use plan. This text amendment request was heard at the July 7, 2016 Planning Board meeting. Two people spoke in support of amendments to the draft: One member of the public requested an addition to the text amendment pertaining to community boating facilities. A representative from the North Carolina Coastal Federation spoke in support of alternative language under Section 72 -42 pertaining to high intensity mining operations. After discussion about the changes proposed for Section 72 -42, the Planning Board voted 5 -0 to recommend approval of the staff draft, with one addition: "An application for a Special Use Permit for High Intensity Mining activities shall require an analysis of impacts to aquifer recharge areas." was added by the Planning Board under Section 72 -42. Staff recommends either further refining the Planning Board's added language or omitting the language altogether. The language imposes a new requirement for all high intensity mining proposals, and is ambiguous as to what the study should evaluate, who it should be performed by, and what methods should be used in the analysis. Such an analysis could be requested by the Planning Board or Board of Commissioners Board of Commissioners - September 6, 2016 ITEM: 14 on a case -by -case basis for requests for special use permits for high intensity mining, at which time the request for analysis can be tailored to the specific concerns or impacts pertaining to the proposal. The Planning Board's motion to recommend approval found that their recommended version of the text amendment is: 1. Consistent with the purposes and intent the 2016 Comprehensive Land Use Plan, as the amendment is necessary to allow continued administration of land use regulations to facilitate intelligent growth and economic development in the county. 2. Reasonable and in the public interest as the amendment allows for uninterrupted administration of the county's Zoning Ordinance in a manner consistent with the spirit and intent of the existing regulations. Staff recommends approval of the staff - recommended version as detailed in the staff summary, which does not include the language suggested by the Planning Board. All projects submitted after the adoption of the bridging ordinance will be subject to the language adopted as part of the bridging ordinance amendment. Projects submitted prior to the adoption of the bridging ordinance that are pending approval may choose to comply with the existing Zoning Ordinance language or the language adopted with the bridging ordinance. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff Suggested Motion: Motion to approve the staff - recommended version, which does not include the addition suggested by the Planning Board, as the Board of Commissioners finds that this request as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and the 2016 Comprehensive Land Use Plan, as the amendment is necessary to allow continued administration of land use regulations to facilitate intelligent growth and economic development in the county. 2. Reasonable and in the public interest as the amendment allows for uninterrupted administration of the county's Zoning Ordinance in a manner consistent with the spirit and intent of the existing regulations. ATTACHMENTS: A -424 Script A -424 Staff Summary Public Comments Coversheet WRAR Support Memo Julia Worth Submission NCCF Memo to PB Board of Commissioners - September 6, 2016 ITEM: 14 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff, which does not include language included by the Planning Board. [The Planning Board language constitutes a policy change, and the county administration does not find the bridging ordinance as the right vehicle or method for making a policy change to the plan.] COMMISSIONERS' ACTIONS: The bridge ordinance was approved 5 -0, keeping the language in place in Section 72 -42, number (4) High Intensity Mining activities shall not be allowed in areas classified as aquifer resource protection or watershed resource protection in the 2006 classification map. Board of Commissioners - September 6, 2016 ITEM: 14 9M PT FOR Zoning Ordinance Text Amendment (A-424,7/16) Request by Planning Staff to amend the Zoning Ordinance to update references to the 2006 CAMA Land Use Plan to coincide with the Comprehensive Land Use Plan. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponentswill each be allowed 15 minutesfor their presentation and additional 5 ninutesfor rebuttal. 2. Conduct Hearing, asfollows a. Staff presentation b. Applicant' s presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Lose the Public Hearing 4. Board of Commissioners discussion 5. Vote on the text amendment request. The motion should indude a statement saying how the amendment is or is not consistent with the land use plan and why it is or is not reasonable and in the public interest. Action Needed • Motion for approval of the either the staff version of the proposal, the Planning Board's recommended version of the proposal, or another version of the amendment. • Motion to "table" the item in order to receive more information • Motion to deny the amendment request based on specific reasons Staff Suggested Motion: Motion to approve the staff - recommended version, asthe Board of Corrnissionlers finds that this request asdescribed is 1. Consistent with the purposesand intent of the 2006 CAMA Land Use Ran and the 2016 Comprehensive Land Use Ran, asthe amendment is necessary to allow continued administration of land use regulationsto facilitate intelligent growth and economic development in the county. 2. Feasonlable and in the public interest asthe amendment allowsfor udniterrupted administration of the county's Zoning Ordinance in a manner consistent with the spirit and intent of the existing regulations. Board of Commissioners - September 6, 2016 ITEM: 14- 1 - 1 ZONING ORDINANCEAM ENDM ENT RIE-lUE IF CASE: A-424,07/16 PETITIONER Panning Staff REQUEST: Amend the Zoning Ordinance to update references t o t he 2006 COMA Land Use Pan to coincide with the adoption of the Comprehensive Land Use Pan PLANNING BOARD ACTION: This text amendment request was heard at the July 7, 2016 Panning Board meeting. After some discussion about the changes proposed by Staff for Section 72 -42, the Panning Board voted 5 -0 to recommend approval of staff's proposal, with one addition. The Planning Board added language to Section 72 -42 to state "An application for a Special Use Permit for High Intensity Mining activities shall require an analysis of impacts to aquifer recharge areas." The Planning Board's language addition is evaluated further in Note 17 near the end of thisdocument. The Planning Board's motion to recommend approval found that the recommended version of the text amendment is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Land Use Pan, as the amendment is necessary to allow continued administration of land use regulations to facilitate intelligent growth and economic development in the county. 2. Fbasonable and in the public interest asthe amendment allowsfor uninterrupted administration of the county's Zoning Ordinance in a manner consistent with the spirit and intent of the existing regulations. BACKGROUN D AN D SUMMARY: In concert with the adoption of PanNHC, the county's comprehensive land use plan, the Zoning Ordinance must be updated to remove references to the 2006 LAMA Land Use Pan ('06 Plan). Because the Zoning Ordinance will remain the county's effective land development ordinance until a new development ordinance is created and adopted, the existing references to the 2006 LAMA Land Use Pan must be removed and replaced with referencesto the place types wit hi n the comprehensive land use plan or other designations as appropriate. In anticipation of detailed discussions involving diverse stakeholders about updating the county's land development regulations, Staff approached this effort with the ambition of not making any fundamental changesto the regulatory concepts i n the Zoni ng Ordinance that are currently guided by referencesto the 2006 CAM A Land Use Pan. However, the differences in the land use classifications from the 2006 CAMA Land Use Pan and the place types in the Comprehensive Land Use Pan created a challenge in approaching some of the land use plan references, particularly the Conservation land use classification from the 2006 COMA Land Use plan that includes areas within the 100 year flood zone (AEand VEspecial flood hazard areas) and LAMA Estuarine Areas of Environmental Concern (AE's). A -42 EWEKEELP Beerdoot;6mmrnt,mers& Seed- ntEB06Q2016 11TENM 41A-12 - 1 0 -& —M 1 2 The land use plan references in the Zoning Ordinance often guide density. In updating the 2006 GWA Land Use Ran references, Ranni ng Elaff analyzed the density guidance specified for the place types in the Comprehensive Land Use Ran and have made recommendations for what place types or other designations would be most appropriate to maintain the spirit of the regulation while also making a step towardsthe guidance set forth in RanNHC In summary, the recommended changesare harmoniouswith the existing development strategies within the Zoning Ordinance, while simultaneously reflecting the visions for new opportunities created with RanNHC DErA1 LED AM EN DM ENT REQU EST: Red and Underline /2-r;ko+"r^„ry" — gaff's Proposed Additions/ Deletions Section 50: Establishment of Use District; Table of Permitted Uses R O F R R R R R B B I I& A A S R M Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I CA U High Density Development (3/22/82) Permitted onlywithin Area P S S S S Employment Center, Urban Mixed Use, or Community Mixed Use R ace Types (2/16/87, bod§ Ye High Density Development projects are currently only permitted in areas classified as Urban or Transition. These were areas identified in the 2006 CAMA Land Use Flan as either having or are planned to have urban services available to concentrate intensive urban development. These two land use classifications also correlated with the concept of the Urban 93rvicesBoundary, which was another tool of the '06 Plan to limit development sprawl. Si`aff recommends High Density Development projects be limited to the Employment Center, Urban Mixed Use, and Community Mixed Use place types only, as these place types call for moderate to high densities for residential uses The Employment Center and Community Mixed Use place types both spedfy 12 to 15 dwelling units per acre (du/a) as the ideal densityrange for multifamily residential. The remainder of the place types are not appropriate for High Density Development. fiesidential development is not encouraged in the Commerce Zone or Conservation place types Verylow density is appropriate for Fbral fbsidential, and 2 to 6 du /a is the ideal density for General fiesidential which could be achieved through a rezoning to R-7. A -42 EWE EELIJ Beerdc fo6mmrnt,me e- Se ed- ntEB06Q2016 11TENMAIA -22 - 2 0 -& —M 3 bads ye Clarrently, the density for areas of Mobile Home Parks that fall outside of the Urban or Transition land use classesislimited at 25 du /a. Saff recommends maintaining the 2.5 du /a density cap for areas of Mobile Home Parks that are not classified as 6nployment Center, Urban Mixed Use, or Community Mixed Use. 4 Section 51.1: Regulations Applicable to the Following Residential Districts 5 51.1 -2: Performance Fesidential: In addition to the density limit established in the applicable zone, all 6 Performance Fasidential Development shall comply with the following regulations: 7 (11) In calculatingthedensity for a proposed development, the following areasshall first be subtracted 8 from the gross area of land to be committed to development. In lieu of subtracting Dorovan, 9 Johnston, and Pamlico soils, the developer may choose to preserve 100% of such areas as 10 conservation space. Such designation shall follow the requirementsof Saction 55.1 -4(4) Methods 11 of Conservation Space Preservation with all improvements limited to fiction 55.1 -4(3) 12 Improvements. 13 14 (A) all natural lakes, ponds, rivers, or marshes, and, 15 (B) all areas of Cass IV soils as defined in A Classification of Soils in New Hanover 16 County for SepticTank Suitability. Al calculations shall be rounded to the nearest 17 whole unit. (1/4/84)(9/6/94) 18 (C) F;L-sidential units shall not be clustered at a density greater than 2.5 units per net 19 tract acre in areasclassified %ral Residential placetype, Conservation placetype, 20 AEor VE special flood hazard areas, or GWA Estuarine Areas of Environmental 21 Concern, Ali 22 1—;;rG- "except under the following circumstances. If a A -42 EWEKEC4J ScardocDfo6mmrnt,mene-Se ed-ntE 06Q2016 11TENMAIA -32 - 3 0.& —M R O F R R R R R B B I I& A A S R M Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I CA U Mobile Home Park (Density shall not exceed 2.5 Units beyond Trees aKea P S S S S Employment Center, Urban Mixed Use, or Community Mixed Use R ace Types) (2/16/87, 10/11/95) bads ye Clarrently, the density for areas of Mobile Home Parks that fall outside of the Urban or Transition land use classesislimited at 25 du /a. Saff recommends maintaining the 2.5 du /a density cap for areas of Mobile Home Parks that are not classified as 6nployment Center, Urban Mixed Use, or Community Mixed Use. 4 Section 51.1: Regulations Applicable to the Following Residential Districts 5 51.1 -2: Performance Fesidential: In addition to the density limit established in the applicable zone, all 6 Performance Fasidential Development shall comply with the following regulations: 7 (11) In calculatingthedensity for a proposed development, the following areasshall first be subtracted 8 from the gross area of land to be committed to development. In lieu of subtracting Dorovan, 9 Johnston, and Pamlico soils, the developer may choose to preserve 100% of such areas as 10 conservation space. Such designation shall follow the requirementsof Saction 55.1 -4(4) Methods 11 of Conservation Space Preservation with all improvements limited to fiction 55.1 -4(3) 12 Improvements. 13 14 (A) all natural lakes, ponds, rivers, or marshes, and, 15 (B) all areas of Cass IV soils as defined in A Classification of Soils in New Hanover 16 County for SepticTank Suitability. Al calculations shall be rounded to the nearest 17 whole unit. (1/4/84)(9/6/94) 18 (C) F;L-sidential units shall not be clustered at a density greater than 2.5 units per net 19 tract acre in areasclassified %ral Residential placetype, Conservation placetype, 20 AEor VE special flood hazard areas, or GWA Estuarine Areas of Environmental 21 Concern, Ali 22 1—;;rG- "except under the following circumstances. If a A -42 EWEKEC4J ScardocDfo6mmrnt,mene-Se ed-ntE 06Q2016 11TENMAIA -32 - 3 0.& —M 23 development encompasses Fbral Residential place type, Conservation Place type, 24 AE or VEspecial flood hazard areas, or CAMA Estuarine Areas of Environmental 25 Concern, , then 26 density may exceed 2.5 units per acre in the areas of the site outside oft he AEor 27 VEspecial flood hazard areasor CAMAEstuarineAreasof Environmental Concern, 28 , provided the number of units in the AEor 29 VEspecial flood hazard areas or CAMA Estuarine Areas of Environmental Concern 30 the is reduced by an equal amount. At no time shall any portion 31 of the project designated asAEor VEspecial flood hazard areas, CAMA Estuarine 32 Areas of Environmental Concern, Fbral Residential place type, or Conservation 33 place type exceed the 2.5 units/acre limitation, nor shall 34 the overall density of the project exceed the limits specified in the respective 35 residential zoning districts. 36 bads N Section 51.1 -2(11) prescribes how density is calculated for Performance FL- §dential projects Sibsection q currently allows for a transfer of units from a portion of a project that is dassWed as Conservation, Rural, or Resource Protection by the '06 Plan to other areas of the project outside of those land use classifications In the 2006 C4MA Pan, AE and 1/E,edal Rood Hazard Areas and COMA Estuarine AECs were included in the Conservation land use classification. Staff recommends applying the 2.5 du/a density cap to areas designated as AE or VEspecial flood hazard areas, CAMA Estuarine AECs, and the Conservation and flora/ FL- §dential place types, and updating the references to allow the transfer of units from only the areas of the site designated as AEIVE TlgAs or CAMA Estuarine AECs to other portions of the site outside of these areas 37 38 of °n„ MaFGh IORQ (2/16/87)(10/99) 39 Section 51.8: R-7 Medium Density Development 40 Purpose: The purpose oft his section isto encourage medium density development in General Pesidential, 41 Community Mixed Use, and Employment Center place types where adequate 42 services are available. The district will allow greater variety of housi ng types provided that environmental 43 impacts are minimized and adequate open space is provided. bads ze Section 51.8 describes where the R-7 Medium Den§tyDevelopment residential zoning district is appropriate, which is currently Urban and Transition areas Staff recommends updating the references to General Fbsidential, Community Mixed Use, and Employment Center based on the guidance for density and land use types Fb§dential uses are not encouraged in the Commerce Zone or Conservation place types The density attainable through R-7 is too high for Floral Fb§dential, and too low for Urban Mixed Use. 44 Section 52.2: B2 Highway Business District 45 52.2 -4: Atme-6mA*,&ff 44toN 46 47 (4) Maximum Building Height -40 feet; except that buildings located within the Employment Center, 48 Community M fixed Use, Urban M fixed Use, or Commerce Zone place types 49 and fronting along a collector, Minor Arterial or Principal Arterial as indicated on the County's A -42 EWEKEELP ScaCdocDfo6mmrnt,me e- Se ed- ntEB06Q2016 nTENM 4IA-42 - 4 00& OjCC 50 Thoroughfare Classification Ran, may exceed 40 feet provided their FAR does not exceed 1.0 bads 3e Ibdion 52.2 -4 describes the maximum building height for the B-2 zoning district, and allows this maximum to be exceeded in Urban and Transition areas when certain criteria are met. Si`aff recommends changing these references to the Employment Gmter, Community Mixed Use, Urban Mixed Use, and Commerce Zone place types based on the building height guidance provided by the place type cut sheets Appropriate nonresidential uses are limited in the General FL-sidentia/ and Fbral Residential place types, and Staff recommends the applying the 40' building height maximum in B-2 zoning that may occur in General fbsidential and Fbral FL-sidential place types 51 (2/7/83) (10/5/95) 52 Section 53.2: 1 -1 Light Industrial 53 (4) Maximum Building Height - Forty (40) feet except for buildings located within the Employment 54 Center or Commerce Zone place types and front i ng along a Col lector, M i nor 55 Arterial, or Principal Arterial as indicated on the Wilmington Metropolitan Planning Organization's 56 most current Fbadway Functional Classification Map, may exceed forty (40) feet provided their 57 FAR does not exceed 1.0. (2/7/83) bads ,Ee Sbction 53.2 prescribes a 40' building height maximum for buildings in the I -1 Light Industrial zoning district, unless the site is within the Urban or Transition areas and meet other criteria. Si`aff recommends updating the references to Employment Center and Commerce Zone due to the appropriateness of the light industrial zoning district and uses in these two place types 58 Section 54: Mixed Use Districts 59 54.1: Exceptional Design Zoning District (EDZD) 60 54.1 -2: Applicability- Areas classified as RAral Residential place type, Conservation place type, AEor VE 61 special flood hazard areas, or LAMA Estuarine Areas of Environmental Concern 62 are not eligible for residential density greater than 2.5 units per 63 acre, and such acreage,, with the exception of area within the Rural Residential place type must be 64 subtracted from the acreage upon which density on other portions of the district is calculated. All other 65 areas of the unincorporated planningjurisdiction for New Hanover County are eligible for the EDZD. bads Ed 54.1 -2 sets a density cap of 2.5 du/a for areas of an EDZD project that is currently classified as Conservation by the '06 Plan. Staff recommends maintaining the 2.5 du /a density cap for areas of an EDZD project that are designated as Fbral fesidential place type, Conservation place type, AEor VE special flood hazard areas, or COMA Estuarine Areas of Environmental Concern. The revised language also would require that areas of an EDZD site designated as Conservation place type, AEor VEspecial flood hazard area, or COMA Estuarine AEC must be subtracted from the gross site acreage when calculating density for the EDZD project. 66 54.2 Planned Development (PD) District 67 54.2 -2: District Regulations: 68 (2) Maximum Building Height - The maximum building height for residential, commercial, and office 69 and institutional structuresshall be forty (40) feet; except that the maximum height for 70 buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Center 71 place types as indicated on the County's Land Classification Map and A -42 EWEKE -4P Scardoot 6mmrnt,me e- S;e iL- ntEBD6Q2016 11TENMAIA -52 - 5 00& -OR-- 72 73 74 75 76 77 78 79 80 81 82 fronting along a collector, minor arterial or principal arterial as indicated on the Wilmington Urban Area M FOfunctional classification map shall be eighty (80) feet. (10/5/95) (8/1/11) bn6 je Saff recommends changing the references for where a building height may exceed 40' in the PD district from the '06 Plan classifications of Urban and Transition areas to the Urban Mixed Use, Community Mixed Use, and Employment Center place types based on the building height guidance on the place type cut sheets (6) Maximum Density: (1/2/90) (A) Allowable density shall be determined by the Ste Capacity Elandards for High Density Development asauthorized in Saction 72 -43 of this Ordinance, except that land intended for commercial, office and institutional, and industrial uses shall also be subtracted from the gross site area. The residential density factor of the PD district shall be 4.25 dwelling units per acre if the PD shall be located within the Urban Mixed Use, Community Mixed Use, General Residential, or Employment Center place types (10/5/95) b ads 2e Sbction 54.2 -2(6) dictates how residential density is determined for FD projects by referring to the calculation procedure in the High Density Development section of the ordinance. To calculate density, the "base site area" is multiplied by a density factor. Currently, for areas within the Urban or Transition land use classifications from the '06 Plan, the density factor is 4.25 units /acre. Staff recommends changing these references to the Urban Mixed Use, Community Mixed Use, General Rmidential, and Employment Qmter place typed as such a density is appropriate in them. Additionally, thissection (as well as 72- 43(D)) limits density for portions of F-D projects outside of the Urban or Transition land use classifications Gaff recommends striking this sentence and allow FD projects only within the Urban Mixed Use, Community Mixed Use, General R,-sidential, and Employment Qmter place types The residential requirement for FD conflicts with the Cbmmerce Race type, which is established for office, commercial, and industrial uses (B) Residential units shall not be allowed at a density greater than 2.5 units per acre in the AE and VE special flood hazard areas and GWA Estuarine Areas of Environmental C-ops-ervat 0 Q-p area is reduGed by aR equal an;e6lRt. (2.14 6,19:7) Concern. bads Y X6 This section currently limits density to 2.5 du/a in areas of a FD project classified as Fbral, Conservation, or FL-source Frotection by the '06 Plan. Staff recommends revising this section to limit density to 2.5 du /a in the AE and UEspeda/ flood hazard areas and also C4MA Estuarine AE-'s. The place types in the Comprehensive Flan do not indude areas included in the 2006 C4MA Flan FL-source Protection classification, such as AEI VE flood zones and estuarine CAMA Estuarine AE03, which are currently limited to 2.5 du/acre by both policies in the 2006 Flan and regulations in the Zoning Ordinance, such as above. The revised language bridges the gap by tying the density to more specific areas until stakeholder discussions during the UDO process can determine if more substantial changes are appropriate. Note that even with maintaining the 2.5 du /a density limit in certain areas, the new place types will allow for more density in more areas of the county that were limited by the 2.5 du /a cap in the 2006 C4MA Flan FL-source P otection land use classification. A -42 EKEEW Beerdoofo6mmrnt,mers&Se ed-ntE 06Q2016 11TENMAIA -62 - 6 6° S. M 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 (C) If the PD District shall be located within the Employment Center, Urban Mixed Use, or Community M ixed Use place types , the residential density factor of the PD District may be increased by using the following "Density Bonus Chart ". An increase in density from 4.25 to 10.2 dwelling units per acre requires a total score of 75 pointsor more. An increase in density from 10.2 to 17 units per acre requires a total score of 165 poi nts or more. (2/16/87) (10/5/95) (8/1/11) bads We Smilar to the changes proposed in 1ction 54.2 -2(6), Saff recommends changing the referencesin this section from the '06 Plan classifications of Urban and Transition to the Employment Center, Urban Mixed Use, and Community Mixed Use place types, as these place types are appropriate for increased density. (7) The following minimum improvements and public services shall be provided in accordance with all standards set by the County or appropriate local or Elate agency: (0) Recognizing the County's need for adequate housing for the elderly population as stated in the Comprehensive Land Use Ran , the following district regulations shall apply in instances where at least twenty -five percent (25 %) of the RD district number of unitsare included in a Continuing Care Fatirement Facility asdescribed and regulated under NCGS58 Article 64: a. The maximum height for a continuing care retirement facility building shall be up to 55 feet. b. The thoroughfare requirements in Saction 54.2 -2(7) (N) and Saction 61.3 may be satisfied if a traffic study supports a finding by the Board of County Commissioners that the roadway providing access for the proposed RD development to and from an existing major or minor arterial will operate at an acceptable level of service (LCD, and will not cause the LOSto drop below Level C (1/07/08) at build -out. 8/ 1/ 11) bads Yre fiction 54.2 - 2(7) (0) includes a reference to the need for elderly population in the '06 Plan. This reference can be easily updated to point towards the new comprehensive plan as suggested above. 111 Section 54.3: RRVI U Rverfront Mixed Use District 112 Section 54.3 -1: Purpose - The Cape Fear River is one of the region's most valuable natural resources and 113 isthe focal point of activity in downtown Wilmington. The Rverfront Mixed Use District is established to 114 support seven main objectives: to enhance and preserve environmentally sensitive areas along the river; 115 to protect publicacxessto the river through the creation of quality public spaces, to preserve cultural and 116 natural resources, to effect quality design and a variety of built forms that result in a pedestrian scale as 117 well as a compelling skyline; to promote and enhance transit options, particularly pedestrian and water - 118 oriented transportation options; to provide an opportunity for intensive development consistent with the 119 urban form; and to encourage a mix of uses that foster a sense of community and create a destination for 120 residents and visitors alike. 121 122 The RFMU is an elective district available only to parcels of land fronting the Cape Fear and Northeast 123 Cape Fear Ewers east of Hwy. 421, between the Holmes Bridge and the Memorial Bridge in 124 Unincorporated New Hanover County. A height restriction overlay for the area directly across from the A -42 EWEKEC4J Beerdoot 6mmrnt,mers& S;e iL- ntEBD6Q2016 11TENMAIA -72 - 7 U° S. M 125 Wilmington Historic District is subject to additional restrictionson building height. In the event of conflict 126 between regulations for riverfront mixed use developments and those in other sections of the Zoning 127 Ordinance, the Rverfront Mixed Use regulations shall supersede unless specifically stated otherwise. 49 128 129 regul at bads YZe fiction 54.3 -1 discusses the purposes oftheRverfront Mixed Use District (F;FMU), including objectives of development within the district and wherein the county FFMU is applicable. The final sentence states that projects within an FFMU district should be guided by the land use classifications, which is predominately Conservation. A 2008 amendment to the '06 Plan excepted RFMU from the density and impervious surface coverage limitations in the Conservation land use classification. Si`aff recommends deleting this sentence, finding it unnecessary. Density will be guided by the applicable Urban Mixed Use place type, and density and impervious surface coverage will reviewed by staff, the Technical R-,view Committee, the Rannina Board, and the Board of Commissioners 130 Section 72 -43: High Density Development 131 Purpose: The purpose of this section is to encourage high density development in Employment Center, 132 Urban Mixed Use, or Community Mixed Use place types where adequate 133 services are available, provided that environmental impacts are minimized and adequate open space is 134 provided. (10/5/95) bads Yze Section 72 -43 prescribes supplemental regulations for High Density Development projects Oirrently, these projects are permitted only in the Urban or Transition land use classifications gaff recommends changing these references to the Employment Center, Urban Mixed Use, and Community Mixed Use place types 5'ae Note 1 for an explanation of a similar change to the Table of Permitted Uses 135 Al High Density Developments shall comply with the following requirements. 136 (D) Determination of site capacity 137 138 1. The maximum number of dwelling units that may be built may be determined by 139 multiplying the BASESITEAFEAby the appropriate density factor from the table 140 below. (1/2/90) (10/5/95) 141 142 DI STRI CT DB\IJTY FACTOR 143 R 10 17 units/acre 144 R-1 5 10.2 units/ acre 145 R20 4.25 units/ acre 146 O&I 10.2 units/ acre 147 PD (inside Employment Center /Urban Mixed Use /Community Mixed 148 Use/ General Pesidential Race Types area) 4.25 units/ acre 149 bad §Y34 The recommended changes in this section pertain to the density calculation for FD projects, and are explained further in Note 9. A -42 EWEKEELP Beerdc fo6mmrnt,mers&rSe iL- ntEB06Q2016 11TENMAIA -82 - 8 0 -& —M 150 2. Each high density development shall be located either totally or primarily in 151 areasdassified Employment Center, Urban Mixed Use, or Community Mixed Use 152 place types . I n 153 caseswhere a high density development includes primarily Employment Center, 154 Urban Mixed Use, or Community Mixed Use and 155 limited Conservation placetype or AEor VEspecial flood hazard areasor CAMA 156 Estuarine Areas of Environmental Concern Qaps_ervaticap car Rural car Rase- rQA 157 , the residential units shall not be clustered at a density greater 158 than 2.5 units per BASESTEacre in the AEor VEspecial flood hazard areas or 159 CAMA Estuarine Areas of Environmental Concern 160 Pural, er 4ete .(10/5/95) bads YEe fiction 72- 43(3)D -2, above, reiterates where High Density Development may occur, which is currently only the Urban or Transition classifications from the '06 Plan. Consistent with previous similar references, Si`aff recommends updating these references to Employment Center, Urban Mixed Use, and Community Mixed Use. This section also creates a density cap of 2.5 du /a for areas of a High Density Development project within areas classified as Conservation, Rural, or Resource Protection by the '06 Plan. Staff recommends revising this language to limit density to 2.5 du/a for portions of a High Density Development project that fall within areas designated as AEor VEspecial flood hazard areas or C4MA Estuarine AEC& Areas classified as Conservation place are discouraged from any development, so the 2.5 du /a density cap is unnecessary. 161 Section72- 42:Mining 162 High Intensity M ining Operations 163 High intensity mining operations shall be permitted in accordance with the use tables in Section 50 -2, 164 subject to the following: 165 (1) The minimum lot size shall be one acre. 166 (2) Soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or topsoil) 167 maybe removed for use off -site. Additional on -site processing shall be permitted (i.e. Use of 168 conveyor systems; screening machines, crushing; or other mechanical equipment). 169 (3) AIminingoperat ions and their associated act ivitiesshalI comply wit hthefolIowingstandards 170 when dewateri ng occurs: 171 a. Must be located a minimum of 100 feet from all property lines. 172 173 . A -42 EWEKEELP Beerdc fo6mmrnt,mers&rSe iL- ntEB06Q2016 11TENMAIA -92 - 9 0 -& —M bads Y6e 11dion 72 -42 sets supplemental regulations for High Intensity Mining Operations, including subsection (4) that disallows the use in the Aquifer FL-source Rotection or Watershed FL-source Protection land use classifications from the '06 Plan. High Intensity Mining is currently only permitted in the 1 -2 zoning district by 13jecial Use Permit. Based on the limited areas of 1 -2 zoning that overlap with the Aquifer Fbsource R otection and Watershed FL-source R otection areas, Si`aff recommended to the Panning Board to remove this subsection and rely on the special use permit process to address any concerns related to aquifers, surface and groundwater, and other potential external effects of the proposed mining operation. At their bly 7, 2017 meeting, the Panning Board recommended that the existing language under 72- 42(4) be replaced with "An application for a a)ecla/ Use Permit for High Intensit y Mining activities shall require an analysis of impacts to aquifer recharge areas". Panning Saff feels that the language suggested by the Panning Board may help address potential issues to aquifer recharge areas that may be realized from a high intensity mining operation, but the suggested language leaves some uncertainties as to what impacts should be evaluated as part of the analysis, what methods, industry standards or best management practices should be used for the analysis, and the minimum qualifications, certifications, or licenses that an individual or firm must possess to prepare the analysis Additionally, gaff observes that the language suggested by the Panning Board imposes a new requirement for all high intensity mining special use permit requests, regardless of their geographical location within the county. Si`aff suggests to either further refine the language to address these uncertainties, or to omit the Planning Board's suggested language and request such an analysis on a case -by -case basis for requests for special use permits for high intensity mining, at which time the request for analysis can be tailored to the specific concerns or impacts pertaining to the proposal. REM BN AN D ACTION: This request has been processed and reviewed per fiction 110 — Amending the Ordinance. Noticesof the petition request have been disseminated per the requirements of the Zoning Ordinance. Staff recommends the approval of the amendment as presented above. Elaff concludes that the amendment is necessary to amend language in the Zoning Ordinance that refersto land use classifications from the 2006 CAMA Land Use Ran to reference the place types in the Comprehensive Land Use Ran, in order to administer the Zoning Ordinance. Changes suggested by staff are intended to reflect the spirit and intent of the existing regulationsas much as possible until robust conversations involving a diversified set of stakeholders necessitates more substantial changes tot he ordinance language. Action Needed • Motion for approval of the either the staff version of the proposal, the Planning Board's recommended version of the proposal, or another version of the amendment. • Motion to "table" the item in order to receive more information • Motion to deny the amendment request based on specific reasons A -42 EWEKEELP Beerdoo1✓6mmrnt,me e-rSep$aapL- ntEB06Q2016 I1TENM 41A-1H - 10 0 °& M Example Motion for Approval: Motion for approval, as the Board of Commissioners finds that this request for a zoning ordinance amendment is: 1. Consistent with the purposes and intent of the 2006 CAM A Land Use Ran and the 2016 Comprehensive Land Use Ran because [Describe elements of controlling land use plans and how the amendment is consistent). 2. Reasonable and in the public interest because fBriefly explain why. Factors may indude public health and safety. applicable plans, or balancing benefits and detriments 1. Example Motion for Denial: Motion for denial, as the Board of Commissioners finds that this request for a zoning ordinance amendment is: 1. Not Consistent with the purposes and intent of the 2006 CAMA Land Use Ran and the 2016 Comprehensive Land Use Ran because [Describe elements of controlling land use plans and how the amendment is not consistent). 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include public health and safety, applicable plans, or balancing benefits and detriments 7. Staff Suggested Motion: M otion to approve the staff- recommended version, ast he Board of Commissioners fi ndsthat this request as described is: 1. Consistent with the purposes and intent of the 2006 LAMA Land Use Ran and the 2016 Comprehensive Land Use Ran, asthe amendment isnecessaryto allow continued administration of land use regulations to facilitate intelligent growth and economic development in the county. 2. Reasonable and in the public interest asthe amendment allowsfor uninterrupted administration of the county's Zoning Ordinance in a manner consistent with the spirit and intent of the existing regulations. A -42 - Wd< --4P Beerdoo1✓6mmrnt,me e- Seed- ntEB06Q2016 11TENM IA-12 - 11 0 °& - -M IN] on I LO OC)MMENTS ,,1q.-PrN CASE A 42 Board of Commissioners - September 6, 2016 ITEM: 14- 3 - 1 REALTOR" LAND USE MEMORANDUM TO: Beth Dawson, County Commission Chair Chris O'Keefe, Planning Director, NHC Jennifer Rigby, Long Range Planner, NHC FROM: Ea Ruth, Chair, Governmental Affairs Committee Shane Johnson, WRAR COO SUBJECT: New Hanover County Bridge Ordinance Amendment DATE: August 4, 2016 The Wilmington Regional Association of Realtors° has reviewed the staff - proposed Bridge Ordinance Amendment A -424 ( "Amendment ") for New Hanover County. At the June 6t" Planning Board meeting a discussion about Section 72- 42(4): Mining /High Intensity Mining was held. This section currently reads, "High Intensity Mining shall not be allowed in areas classified as aquifer resource protection or watershed resource protection on the CAMA Land Classification Map." As the CAMA Map is no longer part of the county's plan, this language requires amendment. The Planning Board agreed to change the language to, "An application for a Special Use Permit for High Intensity Mining shall require an analysis of impacts to aquifer recharge areas." This follows the purpose and function of the Amendment to maintain the spirit and intent of existing regulations, while functioning as a temporary ordinance. The Planning Board agreed with this language as does WRAR. We encourage the County Commissioners to support the Amendment as unanimously approved by the Planning Board. Thank you for your consideration. cc NH County Commissioners, NH County Planning Board, Don Harris, WRAR Chair, Hank Adams RCA President, Todd Miller, NCCF Executive Director, Mitch Lamm, Wilmington Chamber Chair, Heath Clark, HBA Chair, Jerry Panz, WRAR CEO, Cameron Moore, HBA Executive Officer, Jo Anna Edwards, RCA Executive Officer, Dick Blouse, Wilmington Chamber President & CEO, Steve Hobbs, Vice Chair, Governmental Affairs Committee, Mike Giles, NCCF Coastal Advocate, Karen Dunn, NCCF Clean Communities Coordinator Board of Commissioners - September 6, 2016 viJP ci , ,+ c-,4 - Ai 9A-6 L Aa§T f -2 0 b/ r Requested Addition to Text Amendment A -424 Add to the definition of Community Boating Facility the last sentence of Policy 3.18(a) (found on page 23 of 2006 CAMA Plan): "Community boating facilities of any size that may be permitted by the Division of Coastal Management may be allowed for waterfront communities." Board of Commissioners - September 6, 2016 ITEM: 14- 5 - 1 North Carolina Coastal Federation O Working Together for a Healthy Coast Date: September 1, 2016 To: New Hanover County Board of Commissioners Chris O'Keefe, NHC Planning Director From: Karen Dunn, AICP, Clean Communities Coordinator Mike Giles, Coastal Advocate North Carolina Coastal Federation 309 Salisbury Street Wrightsville Beach, NC 28480 RE: Proposed Text Amendments to the Zoning Ordinance (A -424, 07/17) The New Hanover County Planning Staff has proposed text amendments to the current Zoning Ordinance (A- 424, 07/17) to serve as a "bridging ordinance" until a new development ordinance is created and adopted. All existing references to the 2006 CAMA Land Use Plan must be removed and replaced with references to the place types within the comprehensive land use plan or other designations as appropriate. The intention of the proposed text amendments is to maintain the spirit and intent of existing regulations. The Federation supports all the Planning Staff's "bridging" text amendments with the exception of removing Section 72 -42 (4) Mining, High Intensity Mining Operations. The current text in the zoning ordinance reads as follows: 72 -42, (4) High Intensity Mining activities shall not be allowed in areas classified as aquifer resource protection or watershed resource protection on the CAMA Land Classification Map. The Planning Staff recommends deleting the above section in its entirety with the following explanation: "Note 15: Section 72 -42 sets supplemental regulations for High Intensity Mining Operations, including subsection (4) that disallows the use in the Aquifer Resource Protection or Watershed Resource Protection land use classifications from the '06 Plan. High Intensity Mining is currently only permitted in the 1 -2 zoning district by Special Use Permit. Based on the limited areas of 1 -2 zoning that overlap with the Aquifer Resource Protection and Watershed Resource Protection areas, Staff recommends removing this subsection and rely on the special use permit process to address any concerns related to aquifers, surface and groundwater, and other potential external effects of the proposed mining operation." Board of Commissioners - September 6, 2016 ITEM: 14- 6 - 1 In the current zoning ordinance, High Intensity Mining activities are prohibited in areas classified as aquifer resource protection or watershed resource protection. Therefore, the special use permit process does not apply to a prohibited use. The proposed text amendment is not "policy neutral' and further supports the need to update and retain the Aquifer Sensitivity map in Plan NHC as a bridge until a comprehensive groundwater study is conducted. With the elimination of the Aquifer Sensitivity Map (which identifies aquifer resource protection and watershed resource protection areas), to be "policy neutral ", Section 72 -42, (4) must be revised by the Board of Commissioners to uphold prohibition of High Intensity Mining within these aquifer protection areas. The Federation recommends the following "policy neutral bridging text amendments" in red type for Section 72 -42 (4) as recommended by Professor Roger Shew: Section 72 -42 (4) High Intensity Mining activities shall not be allowed in areas classified as aquifer resource protection or watershed resource protection. ^A the rnnnn 1 and Glass;fir- at;,,r 54 r For areal guidance and subsurface definition of these aquifer and recharge areas consult USGS Scientific Investigations Report 2014- 5169 and the Cape Fear Public Utility Authority. However, complete assessment of these areas may require that additional well data be obtained before a High Intensity Mining Operation is approved. Removing the Aquifer Sensitivity Map does not eliminate the critical need to identify existing aquifer resource protection areas. The USGS 2012 -13 study can help classify these areas. Deleting Section 72 -42, (4) from the zoning ordinance brings to light potential and detrimental land use conflicts and threats to our drinking water F&MIUMR1l Northeast Office NC Coastal Federation Headquarters and Central Office 128 Grenville Street 3609 N.C. 24 (Ocean) • Newport, NC 28570 - 252.393.8185 • www.nccoast.org Manteo, NC 27954 252.473.1607 �•-� Board of Commissioners - September 6, 2016 ITEM: 14- 6 - 2 Southeast Office 309 W. Salisbury Street Wrightsville Beach, 28480 910.509.2838 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Edward "Ted" Shipley, III) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Request (Z -961, 7/16) — Request by Design Solutions, Applicant, on Behalf of the Property Owners, Marie P. Sikes Heirs, and Gregory W. Jordan, to Rezone 7.08 Acres Located at the 4600 block of Carolina Beach Road from (CUD) B -2, Conditional Use Highway Business District, to (CZD) B -2, Conditional Highway Business District, in Order to Develop a Mini - warehouse Use BRIEF SUMMARY: The subject property includes four parcels of land totaling 7.08 acres located on Carolina Beach Road. The property also fronts Sikes Drive, a road which has been petitioned to be accepted into the City of Wilmington's maintenance system. When zoning was initially applied to this area in 1971, the subject property and the surrounding area were zoned R -15. On December 5, 2005, a rezoning application (Z -821) was approved that rezoned the property to a (CUD) B- 1 district to allow for a retail /office development. A modification to that district (Z -891) was approved on December 1, 2008 which rezoned the property to a (CUD) B -2 district in order to allow for the development of a movie theater. Since then, a portion of that proposed development has been annexed into the City of Wilmington. A multi - family development, Belle Meade Apartments, is currently being constructed within the City on the adjoining property to the south; and in May 2016, the Board of Commissioners, approved a Conditional Use Zoning District that allows for the development of an 80 -unit apartment complex at 4713 Carolina Beach Road. Single - family housing is located to the north and east of the property. The property is in an area that transitions into the City of Wilmington, with land within the City bordering the property to the north, south, and west. The applicant is proposing to develop five mini - warehouse buildings totaling 140,100 square feet. A minor modification was made to the site plan after the Planning Board meeting to reflect a more accurately sized stormwater pond. The original site plan also included five buildings which totaled 139,900 square feet. Currently, the site plan included with the application does not comply with the buffer and setback standards of the Zoning Ordinance. Specifically, the required setbacks and buffers are not being provided along the 1.7 acre parcel adjoining the property to the south, which is currently used for residential purposes. However, the applicant has agreed to a condition which would require the residential dwellings to be discontinued and abandoned prior to issuance of a Certificate of Occupancy for the proposed development. The proposed development will generate 21 trips in the AM peak, and 36 trips in the PM peak. Because the trips do not exceed 100 in the peak hours in the AM or PM peak hours, a Traffic Impact Analysis (TIA) is not required to be completed. Board of Commissioners - September 6, 2016 ITEM: 15 According to the 2006 CAMA Plan, the site is classified as Urban. The purpose of the Urban classification is to provide for continued intensive development and redevelopment of existing urban areas. The new 2016 Comprehensive Land Use Plan classifies the property as Community Mixed Use. The Community Mixed Use Place Type focuses on small- scale, compact, mixed use development patterns that promote multimodal travel and act as an attractor for county residents and visitors. Staff contends the application is inconsistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016 Comprehensive Plan because the proposed development of a mini- warehouse use does not maximize the benefits of the available infrastructure which have been installed to support urban development. Further, because the area is adjacent to the City of Wilmington and staff is committed to coordinating with the City on adjacent land uses, staff requested the City's Planning Department to comment on the application's consistency with the City's Comprehensive Plan. City planning staff reviewed the application with the City's plan, Create Wilmington Comprehensive Plan, and stated that it is not consistent with the growth map and strategies of the plan. The application was heard by the Planning Board at their July 7, 2016 meeting. One resident, stating he represented multiple property owners on Matteo Drive, spoke in favor of the application, citing that the area residents prefer this development over the unknown of what the property may become in the future. Also, a representative from the real estate company coordinating the sale of the property spoke in favor of the application. The Planning Board voted 4 -0 to recommend approval of the application with conditions, stating that the proposed development is a needed service in the area and will not generate a high volume of traffic. The Board found that the application is: 1. Consistent with the 2006 CAMA Land Use Plan, as the proposal maximizes the effectiveness of commercial uses by assuring land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas as encouraged in Policy 4.3 of the Plan. 2. Reasonable and in the public interest as the development is indicative of current market conditions, was well received by the surrounding property owners, and represents a low impact use on the surrounding area. Conditions: 1. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid - appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 2. The rear bufferyard, located along Sikes Drive, shall be installed in accordance with the buffer exhibit included in the application, including installation of an eight -foot tall solid fence, a 20 -foot wide planted buffer, and a 35 -foot wide streetscape. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - September 6, 2016 ITEM: 15 Motion to deny, as the Board of Commissioners find that this application for a zoning map amendment of 7.08 acres from (CUD) B -2, Conditional Use Highway Business District, and R -15, Residential District, to (CZD) B -2, Conditional Business District as described is: 1. Inconsistent with the purposes and intent of the 2006 CAMA Land Use Plan and 2016 Comprehensive Plan because the proposed development of a mini - warehouse use does not maximize the benefits of the available infrastructure which have been installed to support urban development. 2. Not reasonable and not in the public interest because the proposed mini- warehouse use will not maximize the available and planned services and infrastructure in the area, and because it does not encourage other modes of transportation that would reduce the dependency on the automobile. ALTERNATIVE MOTION While staff is recommending denial of the application, if the Board wishes to approve it, staff recommends the below motion. This motion was approved by the Planning Board and consists of their recommended conditions. In addition, a third condition was added to ensure compliance with the Zoning Ordinance. Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 7.08 acres from (CUD) B -2, Conditional Use Highway Business District, and R -15, Residential District, to (CZD) B -2, Conditional Business District as described is: 1. Consistent with the 2006 CAMA Land Use Plan, as the proposal maximizes the effectiveness of commercial uses by assuring land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas as encouraged in Policy 4.3 of the Plan. 2. Reasonable and in the public interest as the development is indicative of current market conditions, was well received by the surrounding property owners, and represents a low impact use on the surrounding area. Conditions: 1. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid - appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 2. The rear bufferyard, located along Sikes Drive, shall be installed in accordance with the buffer exhibit included in the application, including installation of an eight -foot tall solid fence, a 20 -foot wide planted buffer, and a 35 -foot wide streetscape. 3. The residential uses at 4629 Carolina Beach Road (PID R07000- 004 - 003 -000) shall be discontinued and abandoned prior to issuance of a Certificate of Occupancy for the proposed development. ATTACHMENTS: Z -961 Script of BOC Z -961 Petition Summary Z -961 Staff Summary BOC Z -961 Neighbor Properties Map Z -961 Zoning Map Z -961 CAMA Map Z -961 Water -Sewer Map Applicant Materials Cover Page Z -961 Application Package Proposed Site Plan Cover Page Z -961 Proposed Site Plan Board of Commissioners - September 6, 2016 ITEM: 15 Z -961 Buffer Exhibit COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend denial based on staff analysis and recommendation. COMMISSIONERS' ACTIONS: Approved with the three recommended conditions 4 -1, Vice - Chairman Barfield dissenting. Board of Commissioners - September 6, 2016 ITEM: 15 SCRIPT FOR Conditional Zoning District Application (Z -961, 7/16) Rezoning Request (Z -961, 7/16) - Request by Design Solutions, applicant, on behalf of the property owners, Marie P. Sikes Heirs, and Gregory W. Jordan, to rezone 7.08 acres located at the 4600 block of Carolina Beach Road from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2, Conditional Highway Business District, in order to develop a mini - warehouse use. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 rrinutesfor their presentation and additional 5 ninutesfor rebuttal. Conduct Hearing, asfollows a. Staff presentation b. Applicant' s presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 2. Gose the Public Hearing 3. Board disa.sion 4. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to approve or deny the application. What do you wish to do? 5. Vote on the conditional zoning district application. The n -otion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to deny, as the Board of Comrrissionlers find that this application for a zoning map amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway B Tess District, and R15, Pesidenitial District, to (C2D) B-2, Conditional Business District as described is 1. Inconsistent with the purposes and intent of the 2006 CAMA Land Use Ran and 2016 Corrprehenlsive Ran because the proposed development of a mini- warehouse use does not maxinize the benefitsof the available infrastructure which have been installed to support urban development. 2. Not reasonable and not in the public interest because the proposed mini- warehouse use will not maxinize the available and planned servioesand infrastructure in the area, and because it does not encourage other modes of trarEportation that would reduce the dependency on the automobile. Board of Commissioners - September 6, 2016 ITEM: 15- 1 - 1 Altemative Motion: While staff is recommending denial of the application, if the Board wishes to approve it, staff reoommnends the below motion. This motion was approved by the Ranning Board and consists of their reoomrended conditions. In addition, a third condition was added to ens-re oorrplianloe with the Zoning Ordinance. Motion to approve, as the Board of Commnissionlers find that this application for a zoning map amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, and R15, Fesidential District, to (CZD) B-2, Conditional Business District as described is. Is consistent with the 2006 CAMA Land Use Ran, as the proposal maximizes the effectiveness of commercial uses by assuring land is available for commercial uses within dose proximity to the m>arketsthey serve and by ensuring that such oommercal uses do not diminish the quality of life in nearby residential areas as encouraged in Fblicy 4.3 of the Ran. 2. Fbasonlable and in the public interest as the development is indicative of current market conditions, waswell received by the surrounding property owners, and representsa low impact use on the surrounding area. Conditions (agreed upon with the applicant): Freestanding signage shall be limited to monument signs, in that the sign niIst have a support structure that is a solid- appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 2. The rear bufferyard, located along Sikes Drive, shall be installed in accordance with the buffer exhibit induced in the application, including installation of an eight foot tall solid fence, a 20 foot planted buffer, and a 35 foot streetscape. 3. The residential uses at 4629 Carolina Beach Fbad (RD F07000- 004 - 003 -000) shall be discontinued and abandoned prior to issuance of a Certificate of Oocupanlcy for the proposed development. Board of Commissioners - September 6, 2016 ITEM: 15- 1 - 2 Rezone from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2, Conditional Highway Business District t 066m ( j M§Aff 5 AO's► Parcel Location & Acreage: Petitioner /Owner: Existing Land Use: 4600 block of Carolina Beach Fbad, 7.08 acres CindeeWolf, Design S:)lutions(Applicant) Marie P. 9kes Heirsand Gregory W..brdan (Owners) 9ngle Family Dwellings/ Undeveloped Zoning History: April 7, 1971 - Initiallyzoned R 15viaArea4 December 5, 2005 — Rezoned to (CUD) B-1 to allow for a retail /office development (Z -821) December 1, 2008— R-,zoned to (CUD) B-2 as part of a modification to the previously approved Conditional Use District (Z-891) Land Classification: Urban Water Type: Public 5rwer Type: Public R-,creation Area: Halyburton Memorial and Arrowhead Park Access: Carol i na Beach Fbad Fire District: New Hanover County SDuth Watershed & Water Qualit Classification: Bar nards Creek (Q9dv) Conservation/ Historic/ Archaeological Fesources: No known historic or archaeological resources Sails and Septic Suitability: Baymeade Fine Sand (Be) — Class II: Moderate Limitation Schools: Bellamy Bementary, Codington Bmentary, Myrtle Grove Middle, Ashley High - =A;VK» 0 °S. -109:1 Board of Commissioners - September 6, 2016 ITEM: 15- 2 - 1 CONDMONALZONING DISTRICTAPPUCATION CASE: Z -961, 7/16 PETI110NB4: Ondee Wolf of Design Solutions, applicant Gregory W..brdan and Marie P. 9kes Heirs, property owners RBQUEST: Fbzone from (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2, Conditional Highway Business District ACREAGE 7.08 acres LOCATION: 4600 block of Carolina Beach Fbad R Ds: M7100- 003 - 001 -000 M7012- 004 - 004 -000 M7109- 001 - 003 -000 M7100- 003 - 004 -000 2006 CAM LAND CLASS Urban 2016 COM P PLAN PLACETYPE Community M ixed Use PLANNING BOARD ACTION: The application was heard by the Ranning Board at their July 7, 2016 meeting. One resident, stating he represented multiple property ownerson Matteo Drive, spoke in favor of application, citing that the area residents prefer this development over the unknown of what the property may become in the future. Also, a representative from the real estate company coordinating the sale of the property spoke in favor of the application. The Ranning Board voted (4 -0) to recommend approval of the application with conditions, stating that the proposed development isa needed service in the area and will not generate a high volume of traffic. The Board found that the application is: 1. Is consistent with the 2006 LAMA Land Use Ran, as the proposal maximizes the effectiveness of commercial uses by assuring land is available for commercial uses within dose proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas as encouraged in Pblicy4.3of the Ran. 2. Faasonable and in the public interest as the development is indicative of current market conditions, was well received by the surrounding property owners, and represents a low impact use on the surrounding area. Conditions: Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid- appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. 071717h."INTS Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 1 0 09. ❑Qljj ❑❑ 2. The rear bufferyard, located along 9kes Drive, shall be installed in accordance with the buffer exhibit included in the application, including installation of an eight foot tall solid fence, a 20 foot wide planted buffer, and a 35 foot wide streetscape. E)aSn NG CON DI ll ONS Existing Zoning and Land Uses The subject property includesfour parcelsof land totaling 7.08 acreslocated on Carolina Beach Fbad. The property also fronts 9kes Drive, a road which has been petitioned to be accepted into the Qty of Wilmington's maintenance system. When zoning was initially applied to this area in 1971, the subject property and the surrounding area were zoned R-1 5. On December 5, 2005, a reaming application (Z-821) was approved that rezoned the property to a (CUD) B-1 district to allow for a retail /office development. A modification to that district (Z-891) was approved on December 1, 2008 which rezoned the property to a (CUD) B-2 district in order to allow for the development of amovietheater. Although much of the development's infrastructure was installed, none oft he structures were constructed. Fbcently, a portion of that proposed development has been annexed into the Qty of Wilmington. A multi - family development, Belle Meade Apartments, is currently being constructed within the Qty on theadjoining propertyto the south; and in May, the Board of Commissioners, approved aConditional Use Zoning District that allowsfor the development of an 80 unit apartment complex at 4713 Carolina Beach Fbad. 9ngle- family housing is located to the north and east of the property. The property is in an area that transitions into the Qty of Wilmington, with land within the Qty bordering t he property to t he nort h, sout h, and west. Not included in this application is a 1.7 acre parcel adjoining the property to the south which was also zoned( CUD) B -2 with the previous movie theater development proposal. This parcel is currently used for residential purposes. 071717h."INTH Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 2 0 09. ❑Qljj ❑❑ Existing Ste Conditions Three of the four parcels contain a total of six single- family dwelling units, which will be removed as the property is developed. The other parcel is undeveloped. Community B?rvices Water and Sewer: The property iswithin the Urban B?rvicesboundary, and water and sewer services are located within the nearby vicinity. The development will connect to CFPUA water and sewer service. Fire Protection: The property is served by New Hanover County Fire B?rvices and located in the New Hanover County SDuth Fire District. Schools. The property is located within the school districtsfor Bellamy Bementary, Codington Bementary, Myrtle Grove Middle, and Ashley High schools, however the proposed use will not have an impact on the school system. Conservation, Historic, and Archaeological R-,sources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER'S REQUEST: The petitioner is seeking to rezone the 7.08 acres currently zoned (CUD) B-2, Conditional Use Highway Business District, to (C2D) B-2, Conditional Highway Business District, in order to develop a mini - warehouse busi ness. 071717h."INTS Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 3 0 09. ❑Qljj ❑❑ STAFF POSIMN: Zonina Ordinance Considerations The purpose of the Highway Business District is to provide for the proper grouping of development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volumetraffic. The district's principal meansofingressandegressshallbealongcollector roads, minor arterials, and /or major arterials. A conceptual site plan is included as part of the application and is shown below. If this application is approved, the property must be developed in accordance with the site plan. The applicant is proposing to develop five mini - warehouse buildings totaling 140,100 square feet. A minor modification was made to the site plan after the Ranning Board meetingto reflect a more accurately sized stormwater pond. The original site plan also included five buildings which total 139,900 square feet. Conceptual Ste Pan The proposed development is subject to the County's site plan /building permit review process. The process includes reviewi ngt he plan with the technical standardsof the County's development ordinances, including landscaping, buffering, and stormwater requirements. A fully opaque buffer and increased building setback isrequired alongthe property linesthat adjoin residential usesand zoning. As currently shown, the site plan does not comply with the buffer and setback standards of the Zoning Ordinance. Specifically, the required setbacksand buffers are not being provided along the 1.7 acre parcel adjoining the property to the south. That parcel, as previously mentioned, currently hosts residential Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 4 00& []Off[][] uses, having two single- family dwellings located on it. To correct the issue, the applicant has agreed to a condition that the dwellings must be discontinued and abandoned prior to the issuance of a Certificate of Occupancyfor the proposed development. Thiswill include removal or thewater and power metersfrom the dwellings, and an affidavit from the property owner acknowledging that the property cannot be used for residential purposes under its current zDning district. Transportation The proposed development will generate 21 trips in the AM peak, and 36 trips in the RVl peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) is not required to be completed. TheVUlmington Metropolitan Ranning Organization (VVMPO) conducted a traffic count at the 5000 block of Carolina Beach Fbad in 2015. Thecount yielded an Average Daily Traffic (ADT) of 29,430 trips. Carolina Beach Fbad hasa design capacity of 29,300 daily trips, and therefore it is classified as having an "F" Level of Sarvice (LOS) with a Volume to Capacity Fbtio of 1.004. Improvements were made to the Matteo Drive and Carolina Beach Fbad intersection as part of the previous Conditional Use District development proposal. These improvements included signalizing the intersection and providing additional turn lanes. The NHGVUImington Comprehensive Greenway Ran proposes that a greenway network be installed along this portion of Carolina Beach Fbad. If this application is approved, staff recommends that a condition be placed on the district that will require a 20 foot wide access easement be dedicated to the county for the purposes of installing a future multi -use path. Below is the proposed greenway network as illustrated in the Greenway Ran. soamyate Par YY Y 'r.L... Connects fI� Y ;� �m fj Q.. 6 i ' y, + + + += Proposed Gre. —Y on future ` - - -- Proposed Bicycle Lanes ay Bridge _qo `c F } -ZT y s,. • ry Ilk - - - -• Proposed Sharrows y}J cti aProposed Bicycle $ Pedestrian Bridge � rii. u .� Proposed Boat Launch Site 0 ", lt' x j _ 14eYpy. Exisung BOat Launch Site , Y "s �EaJW�_ lb Existing Gree.,,y Y Sublo PE09i — Exisung Bicycle Lanes w • - �R t'p++rrgt :Nr� Aev�y �Ab Existing Paved Shoulders Existing Blueway '– V J U* qp r¢y- u'^Ppst 7'K'' NrooEE�+�•t _ gyp, xe a. ♦♦ 4RE N "a rX � M , is A e�n<+Ttsn naw.ca+av .i'Bgd�,� +r! �► �i1 N • 1s A `. ANJA r¢ OF Nos ! V' IEY\5 .x-� I� U WIN 70k Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 5 0 °9. ❑of ❑❑ Environmental The property does not contain any Special Rood Hazard Areas or Significant Natural Heritage Areas. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Department of Environmental Quality. Land Use Ran Considerations According to the 2006 CAMA Ran, the site is classified as Urban. The purpose of the Urban classification isto provide for continued intensive development and redevelopment of existing urban areas. Relevant Policies of the Land Use Plan: Fblicy 4.1 Designate sufficient land area and suitable locations for the various land use types Fblicy 4.3 Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets theyserve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas Fblicy 5.1 Promote mixed use development outside of sensitive areas within the urban services area and higher densitymixed use in redevelopment projects in order to maximize benefits from available infrastructure, preserve valuable natural resources including open space, and reduce dependence on the automobile. Areas in the county that have been designated as Urban have already been developed at a density approaching 1,500 dwellings per square mile. Urban areas also have public services in place or are scheduled to be installed within the immediate future. These services include public utilities (water and sewer) and a viable transportation network (proximity to minor and major arterial streets, transit service, and bike and pedestrian improvements). The area surrounding the subject property is one of the most densely populated areas within the county's planning jurisdiction. The property fronts Carolina Beach Fbad, a major arterial, and is adjacent to a. Andrews Drive, a major collector. The property also fronts Sikes Lane, a street that is planned to be extended further south. The extension of Sikes Lane creates an opportunity to provide interconnectivity to multiple developments in the area which, if successful, may lead to the street operating as a collector street; as it will provide a direct route to St. Andrews Drive. The development in the area has also provided a network of sidewalks. arrently, sidewalks have been installed along St. Andrews Drive, Sikes Lane, Rne Hollow Drive, and Matteo Drive. Also, as previously mentioned, the NHOWImington Greenway Ran proposes that a greenway network run along Carolina Beach Fbad and St. Andrews Drive. The property is also served by the Carolina Beach Fbad Bus Fbute (201) and iswithin 1,000 feet of two busstops. Fbute 201 collectsridersalong Carolina Beach Fbad aswell as J rh St reet between John D Barry Drive and George Anderson Drive. This route extends along George Anderson Drive and SJnt Andrews Drive. Additionally, this route extendsto downtown Wilmington to Market Street. Due to the fact that the property is located in an area with a high population density, and where many public services are in place, staff contends the proposed development of a mini - warehouse use on the 1117111117h."INTS Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 6 009. ❑ Qljj ❑❑ property is inconsistent with the Land Use Ran. Policy 5.1 encourages land within urban areas to be developed so that they "maximize the benefits from available infrastructure ". With the availability of, and plans for, public services/ infrastructure as detailed above (water and sewer services, viable transportation network), a development that provides neighborhood services such as retail, office, and other consumer -based useswill be a better benefit to the area's residents and would be consistent with the Land Use Ran. In addition, Policy 5.1 encourages development that will reduce the dependence on the automobile. Because there are many residences in the vicinity of the subject property, and because pedestrian improvements have been provided in the area, a development that offered more neighborhood consumer -based uses and job opportunities will encourage the residents to take alternative forms of transportation, Iikewalkingand biking, to the subject property. 2016 Comprehensive Land Use Ran The new 2016 Comprehensive Land Use Ran classifies the property as Community Mixed Use. The Community M fixed Use Race Type focuses on small- scale, compact, mixed use development patternsthat promote multimodal travel and act as an attractor for county residents and visitors. These areas share several qualitieswith higher - intensity mixed useplacetypes, indudingacombination of ground floor retail with officespaceand housing above, wider sidewalks, and an emphasison streetscaping. However, these centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and public gathering places, are particularly encouraged here. Ideally, large - scale, lower density commercial and industrial developments are prohibited. Relevant Goals, Strateges, and Guidelines of the Comprehensive Plan: Dom S ipport business growth (Desired Outcome: A vibrant economy for New Hanover County Based on business success) S{ rat eqy C. Align county zoningordinancesto encourage targetedbusinessinappropriateareas. Guidelines C.3 Develop strategiesfor encouraging office, retail, and other light intensity nonresidential uses within existing residential areas to provide community level service. 071717h."INTS Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 7 0 09. ❑Qljj ❑❑ DmAdk R'omote fiscally responsible growth. (Desired Outcome: Growth patterns that achieve efficient provisions of services and equitable distribution of costs between the public and private sector.) Et rate A. Coordinate infrastructure from a regional perspective including water, sewer, and transportation. F. Encourage development where existing infrastructure is available. DmAmd/K Integrate multi -modal transportation into mixed land uses that encourage safe, walkable communities (Desired Outcome: A community with a mixture of uses that allows for individuals to perform daily tasks without the use of an automobile. A community where individuals can safely walk, bike, and acs transit.) St rate E Encourage provision of transit supportive land uses and infrastructure where appropriate. Guidelines E2 Concentrate development in nodes and high growth areas depicted on the FLUM to ultimately produce densities that can support multi modal transportation and Transit Oriented Development. E3 Provide alternatives to automobile transportation by encouraging new development, redevelopment, and transportation improvements to include provisions for a network of bicycle and pedestrians facilities, including pedestrian causeways, bridges, and crossingson collector streets and major arterials. Daa 6 Lo: R'omote environmentally responsible growth. (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources) El rate D. Elrengthen and direct development toward existing communities through encouraging infill and redevelopment. Dm46L Ensure NHC remains in attainment for air quality, in support of dean air and improved public health outcomes in support of continued growth. (Desired Outcome: New Hanover County to remain in attainment for air quality to protect public health and retain and attract development and industries) El rate A. Promote compact development, mixture of uses, and infill that mi ni mizes t ri ps and vehicle mi les t raveled. Guidelines All Promote compact development and infill with a mix of integrated community uses (e.g. housing, shops, workplaces, schools, parks, and civic facilities) within walking or biking distance that minimizesvehidetripsand vehicle milestravelled. A.2 Encourage development be located and designed to be convenient for access to public transit, thereby bringing potential riderscloser to transit facilities and increasing ridership. Et rate B. Encourage development patterns and neighborhood street designs that are conductive to pedestrian and bicycle use. 071717h."INTS Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 8 0 09. ❑Qljj ❑❑ Guidelines B.2 Promote street, sidewalk, and greenway designs that support and enhance access between neighborhoods and to neighborhood based commercial developments. As previously mentioned, the subject property is located in an area with a high population density, and where many public services are in place, including public water and sewer, and a viable transportation network. Because of these locational characteristics, staff contends the development of a mini - warehouse use would be inconsistent with the Comprehensive Ran, as it does not appropriately utilize the infrastructure investments made in the area. A development that provides more consumer -based services and job opportunities would be a better benefit to the area's residents. Camp Plan Place Type �A. oy fi Z -961 'A �r -GENERAL RESIDENTIAL -w COMMUNITY MIXED USE � �: ti ''�.,rvo s a P �Ilwr�� GC3NSERUA71 N Create Wilmington Comprehensive Ran Considerations Because the area is adjacent to the Qty of Wilmington and staff is committed to coordinating with the City on adjacent land uses, staff requested the City's Planning Department to comment on the application's consistency with the City's Comprehensive Ran. Qty planning staff reviewed the application with the City's plan, geate Wilmington Comprehensive Flan, and stated that it is not consistent with the growth map and strategies of the plan. The parcels adjacent to the subject property are identified as an Area of Opportunity — Greenfield Ste as Multi -use Races. The strategies with that classification are: • Implement adopted master plans; create new master plans as needed. • Encourage town centers and other suburban mixed -use development types. • Make connections to adjacent areas and incorporate them into new development. • Provide abundant open space and buffers along low- density neighborhoods, but integrate with existing multifamily and commercial areas. • Maximize structured parkingand concealed parking and minimizethe use of largesurfaceparking lots. • Develop multi -use areas and provide multi -modal connections between various uses. • Encourage a variety of building types; employ new and traditional urban design principles in site and building design. • Ensure a walkable block structure and a clear hierarchy of complete streets. • Provide Main Elreetswith pedestrian - friendly storefronts and street furniture. 1111111171h."INTH Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 9 0 09. ❑Qljj ❑❑ RLM EN AN D AGnON: This request is being facilitated by Section 55.3 — Conditional Zoning District of the County's Zoning Ordinance, and has been processed and reviewed per 133ction 110 — Amending the Ordinance. A community meeting was held on Tuesday, May 31s, 2016 in accordance with the requirements for such an application. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends denial of the application. Staff condudesthat the application is inconsistent with the 2006 LAMA Land Use Ran, the 2016 Comprehensive Ran, and the City's Create Wilmington Comprehensive Ran. Due to the property being located in an area with a high population density and where many public services are in place, a development that offers more consumer -based uses that provide neighborhood serviceswill maximize the benefits from available infrastructure as encouraged in Fblicy 5.1 of the 2006 LAMA Land Use Ran and in the goalsof the 2016 Comprehensive Ran. R RST AGn ON N EID®: • M otion to approve of the rezoning request • Motion to "table" the item in order to receive more information • Motion to deny the rezoning request Example M otion for Approval: Motion to approve, asthe Board of Commissioners find that thisapplication for azoning map amendment of 7.08 acres from (CUD) B-2, Conditional Use Business District, to (CZD) B-2, Conditional Business District as described is: Consistent with the purposes and intent of the 2006 LAMA Land Use Ran and 2016 Comprehensive Ran because [Describe elements of controlling land use plans and how the amendment is consistent 1. 2. R-,asonable and in the public interest because (Briefly explain why. Factors may indude public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments 1. Conditions. [List any agreed upon conditions] Example Motion for Denial: Motion to deny, asthe Board of Com m i ssi o ners fi nd that t hi s appl i cat i on for awning map amendment of 7.08 acresfrom (CUD) B-2, Conditional Use Highway Business District, to (CZD) B-2, Conditional Business District asdescribed is Not Consistent with the purposes and intent of the 2006 LAMA Land Use Ran and the 2016 Comprehensive Ran because (Describe elements of controlling land use plans and how the amendment is not consistent l. 071717h."INTS Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 10 0°& ❑❑of ❑❑ 2. Not reasonable or in the public interest because fBriefly explain why not. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments 1. Staff Suggested Motion: Motion to deny, asthe Board of Commissioners fi nd that t his appl icat i on for awning map amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, and R-15, Fesidential District, to (C2D) B-2, Conditional Business District as described is: 1. Inconsistent with the purposes and intent of the 2006 LAMA Land Use Ran and 2016 Comprehensive Ran because the proposed development of a mini - warehouse use does not maximize the benefits of the available infrastructure which have been installed to support urban development. 2. Not reasonable and not in the public interest because the proposed mini - warehouse use will not maximize the available and planned services and infrastructure in the area, and because it does not encourage other modes of transportation that would reduce the dependency on the automobile. Alternative Motion: While staff isrecommending denial of the application, if the Board wishesto approve it, staff recommends the below motion. This motion was approved by the Ranning Board and consistsof their recommended conditions. In addition, a third condition was added to ensure compliance with the Zoning Ordinance. Motion to approve, as the Board of Commissioners find that this application for azoning map amendment of 7.08 acres from (CUD) B-2, Conditional Use Highway Business District, and R-1 5, Fesidential District, to (CZD) B-2, Conditional Business District as described is: 1. Is consistent with the 2006 CAM A Land Use Ran, as the proposal maximizes the effectiveness of commercial uses by assuring land is available for commercial uses within dose proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas as encouraged in Fblicy4.3of the Ran. 2. R-,asonable and in the public interest as the development is indicative of current market conditions, was well received by the surrounding property owners, and represents a low impact use on the surrounding area. Conditions (agreed upon with the applicant): 071717h."INTS Freestanding signage shall be limited to monument signs, in that the sign must have a support structure that is a solid- appearing base constructed of a permanent material, such as concrete block or brick. Freestanding signs supported by poles and any flashing, digital signs shall be prohibited. Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 11 0°& ❑❑of ❑❑ ■■■h. "I 2. The rear bufferyard, located along 9kes Drive, shall be installed in accordance with the buffer exhibit included in the application, including installation of an eight foot tall solid fence, a 20 foot planted buffer, and a 35 foot streetscape. 3. The residential uses at 4629 Carolina Beach Fbad (RD M7000- 004 - 003 -000) shall be discontinued and abandoned prior to issuance of a Certificate of Occupancy for the proposed development. Board of Commissioners - September 6, 2016 ITEM: 15- 3 - 12 00& [][]Off[][] ui N p p p p p= p p p p p p p p p p vVV VVmV V VVVV VV VV w w o � N � s ° ° ° ° ° ° ° ° ° ° ° ° 0 0 r a O m O p p p IN p in y Q p ¢ ? O O o 0 0 o o o o do N .� y U y S o N O tD O C tD � N� ti M N ti O ti 0 0 M ti�� N O a O M � ti a� o a ti ti a a a m a m a a m m m m a a ti a O ❑ N N M C V1 tD r W 01 � ti ti ti ti ti���� O N N N N N u d o_ m ui N u N O y CIO d ❑ N N �♦♦�♦ U N �a U �m % W u O a i \N F U � � 20 � � c U O a U N C N S Y N y y m a O m CO Q Q a o c O N m = �o o ui N p p p p p= p p p p p p p p p p vVV VVmV V VVVV VV VV w w � d � N � s ° ° ° ° ° ° ° ° ° ° ° ° 0 0 r a O m O p p p IN p in y Q p ¢ ? 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O O o 0 0 o o o o do C T Z Z a Q Z p Q a a N a a S a- a a vi vi d N N V N Y V -- a- v� v� •� O tD O C tD � N� ti M N ti O ti 0 0 M ti�� N O a O M � ti a� o a ti ti a a a m a m a a m m m m a a ti a d ❑ N N M C V1 tD r W 01 � ti ti ti ti ti���� O N N N N N u d �O 'd S� v � dp O IN !y 0 � N W /Y ° N O Q �O �yf GP O �P FOV� Board of Commissioners - September 6, 2016 ITEM: 15-4-1 m m LL Q O O O Er'a U 0 �� N 0 o j® ❑ o v v> a�a sasa�s ■ ❑ ❑ ■ o o i L N in O h O 2 ■❑❑r i - a r- o v N o _ 04 p v ■❑■❑`o El El El 0 a � O � m N o m o N � N .� c 0 V CL m ' �N"W x O vo o ±0000 N 9 d A, W" W "A�������� N `♦.♦♦♦♦..e ♦♦♦.♦♦♦.`` p. ®1111 ♦11♦ WWWWWA IN 0 WR ROW-1A CIO u c PGj IN POD L N S Y N y y m a o m — m CO a �c H u " ��PGj C I �O /GP m ,o N � a U N I� / a Board of Commissioners - September 6, 2016 ITEM: 15-5-1 a O `Yp a0a� ba.l IUS 0 - o 'Yid z 0 2 a a 4 -2 a ° _. 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N a• a U N Board of Commissioners - September 6, 2016 ITEM: 15-6-1 Board of Commissioners - September 6, 2016 ITEM: 15-7-1 APPLICANT MATERIALS Board of Commissioners - September 6, 2016 ITEM: 15- 8 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for CONDITIONAL ZONING DISTRICT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf Sikes & Jordan See Attached List Company Owner Name 2 Parcel ID(s) Design Solutions c/o All Seasons Self Storage See Attached List Address Address Area PO Box 7221 6635 Gordon Road 7.08 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilmington, NC 28411 B -2 (CD) / Residential Phone Phone Proposed Use 910 - 620 -2374 910 - 299 -7693 / Bill Ambose B -2 (CD) Self- Storage Email Email Land Classification cwolf@lobodemar.biz waambrose1962 @yahoo.com Urban Application Tracking Information (Stqf Case Number Date/Time received: Received by: APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: • Section 55.3: Conditional Zoning Districts • Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Page 1 of 3 Board of Commissioners - September 6, 2016 04/14 ITEM: 15- 9 - 1 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. Legal description (by metes and bounds ) of property requested for rezoning. Copy of the subdivision map or recorded plat which delineates the property. Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) A report of the required public information meeting outlined in Section 111 -2.1. Authority for Appointment of Agent Form if applicable) Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 Page 2 of 3 Board of Commissioners - September 6, 2016 04/14 ITEM: 15- 9 - 2 CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested chance be consistent with the County's Policies for Growth and Develo Policies for growth encourage continued efforts to attract & retain businesses. The proposal is to create a self- storage facility along a a busy commercial thoroughfare. The plan is a modification of an existing conditional district plan that proposed more intense commercial uses. Storage facilities are generally considered a relatively low- intensity use. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Man? e site is in an "Urban" land classification. The Urban classification is intended for more intensive development where urban rvices are already in place. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is Carolina Beach Road is a busy corridor with a mixture of commercial uses. There is new home & apartment development immediately bordering the site, in addition to the general vicinity. The modification of the existing conditional district site plan would maximize the effectiveness of commercial uses by assuring that land is available in proximity to the markets they serve. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). The trip generation for a self- storage facility is much lower than many of the more intense business uses that could be appropriate for this location, thereby assuaging impacts to the current service level of Carolina Beach Road. Bufferyards with both fencing & plantings will mitigate any views from the residential uses to the East & South. Streetyard plantings will enhance' he aesthetics from the roadways. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. W Signature of Petitioner) NNyt8 %#)�"()�wqv Cynthia Wolf / Design Solutions Print Name Page 3 of 3 Board of Commissioners - September 6, 2016 04/14 ITEM: 15- 9 - 3 All Seasons Storage- Property Owners' List Name Address city State Zip Property Address TaxParcel ID Marie P. Sikes Heirs 317 Rivage Promenade Rd Wilmington NC 28412 4607 Carolina Beach Rd 313517.00.2834 Gregory W. Jordan 6809 Teviot Road Wilmington NC 28412 4609 Carolina Beach Rd 312520.90.9636 Gregory W. Jordan 6809 Teviot Road Wilmington NC 28412 4613 Carolina Beach Rd 313517.00.0788 Marie P. Sikes Heirs 317 Rivage Promenade Rd Wilmington NC 28412 4635 Carolina Beach Rd 313517.00.3625 Board of Commissioners - September 6, 2016 ITEM: 15- 9 - 4 f '16 77 gt �2 �2 pllpqlllpF'lg --- Ar iL A' ro I �i Legal Description for Conditional District Modification At 4607, 4609, 4613 & 4635 Carolina Beach Fbad Beginning at a point in the northeastern boundary of Carolina Beach Fbad, a public right - of -way; said point being located Scuth 390.*�BEast, 1.00 feet from its intersection with the southeastern boundary of Saint Andrews Drive, a public right -of -way; and running thence from the point of beginning: North 500 fl,,, ;oBFast, 950.02 feet to a point in the southwestern boundary of Skes Drive, a 'i-� public right -of -way; thence with that right -of -way, Along a curve to the right, having a Radius of 170.00 feet and Length of 49.99 feet, a Chord of Scuth 49°4s�9�BEast, 49.81 feet to a point; thence Scuth 400. East, 273.43 feet to a point; thence Along a curve to the right, having a Radius of 40.50 feet and Length of 66.80 feet, a Chord of South 160s Fast, 32.83 feet to a point; thence Along a curve to the left, having a Radius of 64.50 feet and Length of 52.62 feet, a Chord of SJUth 16 04� [,, ji, East, 51.17 feet to a point; thence, leaving the right -of -way, Scuth 500j� j�,4`6BAlvest, 480.37 feet to a point; thence North 39°L�4[�BAIVest, 164.96 feet to a point; thence South 5009�$� `66West, 450.00 feet to a point in the northeastern boundary of Carolina Beach Fbad; thence, with that right -of -way, North 390 ��_West, 235.00 feet to the point and place of beginning, containing 7.08 acres, more or less. Board of Commissioners - September 6, 2016 ITEM: 15- 9 - 6 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 4607. 4609. 4613 & 4635 Carolina Beach Road Proposed Zoning: Conditional Zoning Modification / (CD) B -2 The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Dept. for notice of the Sunshine List on May 18, 2016 , A copy of the written notice is also attached. The meeting was held at the following time and place: Tuesday, May 31, 2016; 5:30 - 6:30 p.m.; at the offices of Design Solutions; 107 Stokley Dr., Unit 104, Wilmington The persons in attendance at the meeting were: Reference Attached Sign -in List The following issues were discussed at the meeting: ** A project introduction was given with an overview of the existing Conditional Zoning District and of the proposed modification of the site layout. It was explained that this would be climate - control storage, only 1- story, and with only an exit access to Sikes Dr. ** Several neighbors discussed their discontent over the potential views from the new single - family lots that have recently been developed to the northeast of Sikes Drive. They were generally not aware of the existing conditional zoning district site plan for much more intensive commercial uses. ** The primary discussion revolved around eliminating the access to Sikes Drive, providing a more extensive buffer width beyond the Sikes Dr. drainage easement, and installing a solid privacy fence, along with the required street yard & buffer plantings. As a result of the meeting, the following changes were made to the rezoning petition: Site plan was revised to increase the width of the buffer yard and to show the solid fencing. A preliminary landscape plan exhibit will be prepared to show the proposed numbers of trees and shrubs that will be agreed upon as a condition of approval. The "Exit Only" access gate to Sikes Drive was left because of safety & vehicular Circulation concerns. Date: June 6, 2016 Applicant: Design Solutions By: Cindee Wolf Mara OT Commissioners - Septemer b, ITEM: 15- 9 - 7 Community Information Meeting All Seasons Storage Tuesday, May 31st Name Address Email (Optional) 14 Al sr �?;,� /�llo� ��� kvOj4Zc. c0/1 lot /�jo Suncra�oore.�¢5� wlai�. c,Orv) 2,5 2. '1 -7. 1'1 FG V F 7�0 rz,71.14J ` T r E /V\ 15 H e UT / L. �'3 C) o @ -'O r, . C k) Board of Commissioners - September 6, 2016 ITEM: 15- 9 - 8 1-/1 Owner 4624 CAROU NA BEACH RD OOA AG\A WILMINGTON LLC BAYLEY FAM I LY REV U VI NG TRUST BELLE M EADE DEVELOPM ENT PTN RS LLC BELLE M EADE VI LLAGE HOA I NC BILL CLARK HOM ESOF WI LM LLC CHAPM AN KAREN L FA RR Er D PARK POA FLOOD ALLEN P JBV N I FER P GAROA HECTOR JORDAN GREGORY W JUST FOR BUYERS I NVESTM BUTS LLC LOPEZ GRA ALES ANTON I O BEATR X MACDONALD SCOTT L SUSAN N NEW HAN VOL RESCUE SQUAD NOR E HOLDINGS LLC NOR E HOLDI NGS LLC ETAL NORRIS DONALD WILLIAM PALAZZO JOSEPH POORE SANDRA M R7SCH DEN NISPBRTIDAQ SCHAFFER M I LTON T I I I TRUST SHP BBJ_B\A EADE LLC SIKESMAREPHRS SMITH HI LDA STANLEY SUPA DAVID W KATB_YN H WILMINGTON CITYOF WILMINGTON LODGE #343 LOYAL Adjacent Property Owners Owner Address 123 CRAWFORD RD 6584 POPLARAVE 1202 MATTED DR 111 PRNCESSST PO BOX 12051 127 RAG NE DR SUITE 201 1206 MATTED DR 2108 ASCOTT PL 1207 MATTED DR 6 SILVA TERRA DR 6809 TEVIOT RD 5 SI LVA TERRA DR SU I TE 140 9 SI LVA TERRA DR 1203 MATTED DR 4540 CAROU NA BEACH RD 5231 MASONBORO HARBOR DR 2365 HIGHWAY210 W 13 SI LVA TERRA DR 78 ELM HU RST AVE 1214 MATTED DR 1219 MATTED DR 5616 OAK BLUFF W 3909 WRIGHTSVILLEAVE 100 317 R VALE PROMENADE 2013 LAKE SHORE DR E 1211 MATTEOCT SUITE201 PO BOX 1810 4610 CAFZaJ NA BEACH RD Board of Commissioners - September 6, 2016 ITEM: 15- 9 - 9 Owner (Sty HILLSBOROUGH, NC27278 M EM PHI53 TN 38138 WI LM I NGTON, NC 28412 WI LM I NGTON, NC 28401 WI LM I NGTON, NC 28405 WI LM I NGTON, NC 28403 WILMINGTON, NC 28412 WI LM I NGTON, NC 28403 WI LM I NGTON, NC 28412 WI LM I NGTON, NC 28412 WI LM I NGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WI LM I NGTON, NC 28403 WI LM I NGTON, NC 28409 HAM PSTEAD, NC 28443 WI LM I NGTON, NC 28412 M EDFORD, NY 11763 WI LM I NGTON, NC 28412 WI LM I NGTON, NC 28412 WI LM I NGTON, NC 28409 WILMINGTON, NC 28403 WILMINGTON, NC 28412 WI LM I NGTON, NC 28401 WI LM I NGTON, NC 28412 WI LM I NGTON, NC 28402 WILMINGTON, NC 28412 Desigv� Solutiov�s Sq rnrl Ins k May 18, 2016 To: Adjacent Property Owners From: Cindee Wolf Re: Al I Seasons Self Storage The owner of a property within 500 feet of yours is interested in developing a climate- controlled storage facility at the corner of Carolina Beach Road and St. Andrews Drive. This proposal would require a modification of the existing Conditional Zoning District approval from New Hanover County that proposed a movie theater. A Conditional Zoning District allows particular usesto be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. An exhibit of the plan layout and surrounding area is attached. The County requiresthat the developer hold a meeting for all property ownerswithin 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefitsand impacts. A meeting will be held on Tuesday, May 31 ", at the officesof Design Solutions, 107 Rnj 1,dx C#d +T nts0/ 3 +4�2/ —5T/ o -1 - 16you cannot attend, you are also welcome to contact me at telephone # 620 -2374, or email cwolf@obodemar.biz with comments and /or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. P.O. Box 7221, Wilmington, NC 28406 *Telephone: 910 - 620 -2374 *Email: cwolf @obodemar.biz Board of Commissioners - September 6, 2016 ITEM: 15- 9 - 10 NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 -798 -7165 phone 910- 798 -7053 fax www.nhegov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Marie P. Sikes Heirs 4607 & 4635 Car. Bch. Rd. Company Owner Name 2 City, State, Zip Design Solutions c/o S.A. Sikes Wilmington, NC 28412 Address Address Parcel ID P.O. Box 7221 317 Rivage Promenade Rd 313517.00.2834 & 3625 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28412 Phone Phone 910 -620 -2374 910 -799 -6623 Email Email cwolf 0 lobodemar.biz Case Number Reference: Date/Time received: Received by: This document was willfully executed on the 6 day of cAA,-e_ . 20 lG , Owner 1 Signature Owner 2 Signature Board of Commissioners - September 6, 2016 04114 ITEM: 15- 9 - 12 NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Gregory W. Jordan 4609 & 4613 Car. Bch. Rd. Company Owner Name 2 City, State, Zip Design Solutions Wilmington, NC 28412 Address Address Parcel ID P.O. Box 7221 6809 Teviot Road 313517.00.07881312520.90.9636 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28412 Phone Phone 910- 620 -2374 910 -799 -9872 Email Email cwolf @lobodemar.biz Case Number Reference: Date/Time received: i Received by: This document was willfully executed on the 4 Owner 1 Signature day of l_tfk -0, , 20 `�O Owner 2 Signature Board of Commissioners - September 6, 2016 04114 ITEM: 15- 9 - 13 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME All seasons self storage Facility PROJECT ADDRESS 4607, 4609, 4613 & 4635 Carolina Beach Rd DEVELOPER/OWNER All Seasons Self Storage EXISTING ZONING B -2 (CD) GROSS FLOOR AREA 139,900 NEAREST INTERSECTION St. Andrews Drive. BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) F sq. ft. ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: ITE 8th Ed. 151 / Mini - Warehouse (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 21 PM PEAK HOUR TRIPS 36 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) Cindee Wolf from ITE Manual Person Providing Estimate Signature Peak Hour estimate confirmed by Planning & Zoning on 10 (Date) Board of Commissioners - September 6, 2016 ITEM: 15- 9 - 14 PROPOSED SITE PLAN Board of Commissioners - September 6, 2016 ITEM: 15- 10 - 1 - E m ?k m� sS 8° X$ 3 6� w uE� fR 30 �� / m \• °3 TE �, mYa zs s�6E xka °k3 frCb 2 — ;� YSY ^- 9�3 N5fr d^ $ 6 5�ama aNY .fa � E m6 u 5 -m nmaa Y. Es 8 Sts 8� &8 3 � Ls g \ FE EBE�p € € 888 9 E9u q E_> 4g � 9X5 v�o � moo � y j. 411� i 6 ^- i 12' Hig/a 30' 20' 35` Storage Drive Plamted Streetyard Bldg. Aisle Huffer (i�ciades R/W draiv.age Sikes R/W $ H9� Solid Fewee ,p' ea5er✓en1t) d 1) rive ITEM: 15- 12 - 1 (Scale: 1" = (oo') (Scale: 1" = 301) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: September 6, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Edward "Ted" Shipley, III) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor SUBJECT: Public Hearing Special Use Permit Request (S -632, 8/16) — Request by Design Solutions, Applicant, on Behalf of the Property Owner, Invista S.A.R.L, for a Special Use Permit for a High Intensity Mining Operation on an 80.4 -Acre Parcel Located near the 200 Block of Sutton Lake Road BRIEF SUMMARY: The site and surrounding area is zoned I -2, Heavy Industrial. The 421 corridor was zoned I -2 when zoning was originally applied to this area in 1971. There are many existing industrial uses in the area including the Duke Energy Sutton Steam Plant, S.T. Wooten Asphalt Plant, and Ticona/Fortron Industries. Adjoining the property to the south is an existing mining operation that this application proposes to expand. That mining operation was originally permitted in 2006, prior to Special Use Permits being required for high intensity mining operations. In 2012 the mining operation was expanded under the County's nonconforming standards, which allowed the mine to be expanded to the adjacent property under the same ownership. This current expansion requires a Special Use Permit because it is being proposed on a separate parcel of land that was under different ownership with the nonconforming standards were approved. Due to the low trip generation that would be realized from the proposed use, a Traffic Impact Analysis (TIA) was not required. The property is classified as Natural Heritage Resource Protection by the 2006 CAMA Land Use Plan. These are areas identified by the North Carolina Natural Heritage Program as generally unique habitats that warrant special attention and protection. The threat to these areas is loss of habitat or fragmentation of habitat that may be crucial to a particular natural community identified as important. The focus of strategies for this subclass is to better identify these areas and develop specific protection strategies. The applicant provided an environmental report, prepared by WithersRavenel, on the mining operation's impact on the Natural Heritage Area. The report examined the property for seven animal species and eleven plant species which are either protected by the Federal or State governments, or is listed a rare species in the County's Natural Area Inventory. The report found that of the listed species, two animal species (Northern Long -Eared Bat and Southern Hognose Snake) may be affected by the mining operation, but are not likely to be adversely affected, and therefore no specific protection strategies are warranted. Therefore, staff concludes that the proposed mining operation is consistent with the 2006 CAMA Land Use Plan. The property is classified as Commerce Zone by the 2016 Comprehensive Land Use Plan. These areas serve as employment and production hubs, predominantly composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed. Densities are dependent in part on the type of industry; some industrial uses will likely be one story with large setbacks and ample room for trucks and other large vehicles. Commerce Zones, unlike Employment Centers, do not allow residential uses. The proposed application is consistent with the future land use map and meets the intent of the Commerce Zone Board of Commissioners - September 6, 2016 ITEM: 16 place type. Heavy industrial uses, including high intensity mining operations, are appropriate within this place type. The application was heard by the Planning Board at their August 4, 2016 meeting. At the meeting, eight people spoke in opposition to the application, including representatives from the North Carolina Coastal Federation, Cape Fear River Watch, and Coastal Plain Conservation Group. Concerns were presented regarding the potential impacts that the mine may have on the surrounding environment, including possible contamination of the PeeDee aquifer and area wells from the surrounding industrial uses, and loss of rare and protected animal and plant species. Other concerns included the loss of usable and taxable land that would be removed with the proposed mine. The Planning Board had concerns regarding certain reports presented by the applicant at the meeting, particularly the amount of time they and the public had to review them. Ultimately, the Board recommended (5 -1) approval of the application, but added conditions intended to allow the public to have additional input on the proposal. The conditions added were: The County shall be provided with any reports prepared by the applicant regarding the mining operation's impact on the surrounding environment. Prior to the application being heard by the Board of Commissioners, the applicant shall hold a community meeting to discuss the application with interested parties. The applicant has currently complied with these conditions. A Phase I Environmental Site Assessment and a Limited Phase II Environmental Site Assessment conducted for the subject site was provided to staff. The Phase I ESA identified recognized environmental conditions (RECs) in connection with the subject property. The purpose of the Limited Phase II ESA was to investigate possible groundwater impact on the property by the nearby RECs. The Phase II assessment concluded that "it does not appear that surficial aquifer groundwater beneath the subject property has been adversely affected by potential oJJ -site sources oj' contamination. Additionally, it does not appear that the constituents detected at concentrations above their 2L Standards would pose an unacceptable health and safety risk to workers associated with the proposed sand mine expansion." The assessments and other application materials were posted to the County's website (http: / /tinv.cc /S632) and a notification of the webpage was sent to the Planning Department's Sunshine List. The applicant has also scheduled a community information meeting for August 29th to discuss the application with interested parties. Notification of that meeting was also sent to the Planning Department's Sunshine List. Further, the applicant updated the site plan /proposal since the Planning Board meeting due to the concerns presented at the meeting. The applicant is now proposing to utilize wet mining techniques, with no dewatering of the groundwater occurring. Because of this, the operation is not subject to a 100 -foot setback the Zoning Ordinance requires for mining operations that dewater. Please note that per state law, if the "bridging ordinance" is approved, the applicant has the right to choose to be reviewed under the ordinance in effect at the time of application submittal. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff has conducted an analysis of the proposed use and the information provided as part of the application package, in addition to supplemental information provided by the applicant and presented at the August 4, Board of Commissioners - September 6, 2016 ITEM: 16 2016 public hearing at the Planning Board, and has created preliminary findings of fact to support each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the September 6, 2016 Board of Commissioners meeting. ACTION NEEDED (Choose one): 1. Motion to approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to deny based on specific findings in any of the 4 categories, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this application for a Special Use Permit to develop a high intensity mining operation: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. Staff suggested condition(s): 1. A 20 -foot wide access easement shall be dedicated to the County along the eastern property line, which abuts the Seaboard Coastline Railroad right -of -way, for the purposes of installing a future pedestrian facility in accordance with the Wilmington/New Hanover County Greenway Plan. Example Motion for Denial: Motion to deny, as the Board of Commissioners cannot find that this application for a Special Use Permit to develop a high intensity mining operation: [State the finding(s) that the application does not meet and include reasons to why it is not being met] 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. ATTACHMENTS: 5 -632 Script BOC 5 -632 Petition Summary 5 -632 Staff Summary BOC Natural Heritage Inventory 5 -632 Neighbor Properties Map 5 -632 Zoning Map 5 -632 CAMA Map 5 -632 Water -Sewer Map Board of Commissioners - September 6, 2016 ITEM: 16 Applicant Materials Cover Page 5 -632 Application Wetland And Protected Species Assessment Report Phase I Environmental Site Assessment Limited Phase II Environmental Site Assessment Proposed Site Plan Cover Page 5 -632 Proposed Site Plan- 8.17.16 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with the staff - recommended condition unless greater weight of the competent and material evidence presented during the public hearing suggests that one or more of the required conclusions cannot be met. COMMISSIONERS' ACTIONS: Approved with staffs suggested condition and a condition that the procedure will be wet mining 4 -1, Chairman Dawson dissenting. Board of Commissioners - September 6, 2016 ITEM: 16 SCRIPT FOR Special Use Permit Application (S-632,8/16) Request by Design Solutions, applicant, on behalf of the property owner, Invista SA.RL for a special use permit for a high intensity mining operation on an 80.4 acre parcel located near the 200 block of Sutton Lake Road. 1. Swear witnesses Announce that "the special use process requires a quasi - judicial hearing; therefore the Gerk to the Board must swear in any person wishing to testify. All persons who signed in to speak or who want to present testimony please step forward to be sworn in. Thank you." 2. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct Hearing, asfollows a. Staff presentation b. Applicant' s presentation (up to 15 minutes) C Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Gose the Public Hearing 5. Board disaission 6. A Special Use Permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as determined by the Ranning Director. At thistimle, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 7. Ask Applicant whether he/ she agreeswith staff findingsand any proposed conditions. 8. Vote on the special use permit application. ❑ Motion to approve the application - All findingsare positive. Motion to approve the application, subject to conditions;specified below: (State Conditions) Motion to deny the application because the Board cannot find: ® a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: Board of Commissioners - September 6, 2016 ITEM: 16- 1 - 1 ®b. That the use meets all required condition and specifications: ® c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: ® d. That the location and d-aracter of the use if developed aocording to the plan submitted and approved will be in harmony withthe area inwhich it islocated and is in general conformity with the plan of development for New Hanover County: Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this application for a Special Use Permit to develop a high intensity mining operation: 1. Will not materially endanger the public health or safety; 2. Meetsall required conditionsand specificationsof the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. Staff suggested oondition(s): 1. A 20 foot wide access easement shall be dedicated to the County along the eastern property line, which abuts the Seaboard Coastline Railroad right -of -way, for the purposesof installing a future pedestrian facility in accordance with the WilmingtoN New Hanover County Greenway Ran. Example Motion for Denial: Motion to deny, asthe Board of Connissioners cannot find that this application for a Special Use Permit to develop a high intensity mining operation: [&ate the finding(s) that the application does not met and indude reasons to W y it isnot being rrL-t] 1. Will not materially endanger the public health or safety; 2. Meetsall required conditionsand specificationsof theZonng Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. Board of Commissioners - September 6, 2016 ITEM: 16- 1 - 2 /A (-4{ "T - ❑9v_�+ Special Use Permit to develop /expand a high intensity mining operation. tO 6■ {j jjAff 5Mk Parcel Location & Acreage: 230 Block of Sutton Lake Fbad Petitioner /Owner: OndeeWolf, Design Solutions(Applicant) Invista SARL(Odvner) Existing Land Use: Undeveloped Zoning History: December 6, 1971 - Initiallyzoned 1- 2viaArea7 Land Classification: Natural Heritage R-,source Protection Water Type: n/a mower Type: n/ a R-,creation Area: Cape Fear SDccerplex Access: Batton Lake Fbad, Hwy 421 Fire District: New Hanover County North Watershed & Water Quality Classification: Cape Fear Ewer (QSt) Conservation/ Historic/ Archaeological Fbsources: The property islocated within a Natural Heritage Area. There ispotential of animal and plant areasof special significance on the property. SDils and Septic S.iitability: Lakeland Sand (La) - Gass I: Sjitable /Sight Limitation Rmini Sand (Rn)- Gass 1: Saitbale /Slight Limitation Kureb Sand (Kr) - Gass I: Suitable /Slight Limitation Leon Sand (Le) - Class III: Savere Limitation Schools: Wrightsboro Bementary, Eaton Bmentary, Virgo Preparatory Academy, New Hanover High a- ❑❑❑WK❑❑ 0 ° S. -109:1 Board of Commissioners - September 6, 2016 ITEM: 16- 2 - 1 ..�• It I 9-4;i:-L1WT I I V' I • CASE. 5-632 PETITIONER andee Wolf, Design Solutions REQUEST. Special Use Permit to develop/ expand a high intensity mining operation in an 1 -2, Heavy Industrial district ACREAGE 80.4 acres LOCATION: 200 block of Sutton Lake Road PI D: W2400- 001 - 001 -000 2006 CAMA LAND CLASS Natural Heritage Resource Protection 2016 OOM PREHENSIVE LAND USE PLAN PLACE TYPE: Commerce PLANNING BOARD ACTION: The application was heard by the Planning Board at their August 4, 2016 meeting. At the meeting, eight people spoke in opposition to the application, including representatives from the North Carolina Coastal Federation, Cape Fear Ewer Watch, and Coastal Plain Conservation Group. Concerns were presented regarding the potential impacts that the mine may have on the surrounding environment, including possible contamination of the PeeDee aquifer and area wells from the surrounding industrial uses, and loss of rare and protected animal and plant species. Other concerns included the loss of usable and taxable land that would be removed with the proposed mine. The Planning Board had concerns regarding certain reports presented by the applicant at the meeting, particularly the amount of time they and the public had to review them. Ultimately, the Board recommended (5 -1) approval of the application, but added conditions intended to allow the public to have additional input on the proposal. The condit ions added were: 1. The County shall be provided with any reports prepared by the applicant regarding the mining operation's impact on the surrounding environment. 2. Prior to the application being heard by the Board of Commissioners, the applicant shall hold a community meeting to discussthe application with interested parties. The applicant hascurrently complied with these conditions. A Phase I Environmental SteAssessment and a Limited Phase II Environmental Ste Assessment conducted for the subject site were provided to staff. The assessments and other application materials were posted to the County's website (http: / /tiny.oc/9332) and a notification of the webpage was sent to the Planning Department's Sunshine List. The applicant has also scheduled a community information meeting for August 291h to discuss the 3 X-K--�V Board of Commissioners - September 6, 2016 ITEM: 16- 3 - 1 0 -& -m- application with interested parties. Notification of that meeting was also sent to the Planning Department's Si nsh i ne List. Further, the applicant updated the site plan /proposal since the Planning Board meeting due to the concerns presented at the meeting. The applicant is now proposing to utilize wet mining techniques, with no dewatering of the groundwater occurring. Because of this, the operation is not subject to a 100 foot setback the Zoning Ordinance requires for mining operations t hat dewater. ENSII NG OONDIl10NS Edsti ng Zoni ng and Land Uses The site and surrounding area iszDned 1 -2, Heavy Industrial. The 421 corridor waszoned 1 -2 when zoning was originally applied to this area in 1971. There are many existing industrial uses in the area including the Duke Energy Sutton Eteam Plant, ST. Wooten Asphalt Plant, and Ticona/Fortron Industries. Adjoining the property to the south is an existing mining operation, which this application proposes to expand. That mining operation was originally permitted in 2006 and was later expanded in 2012 under the County's nonconforming standards. To the east, the property abutsthe Seaboard ODastline railroad. 3- XJK--�V Board of Commissioners - September 6, 2016 ITEM: 16- 3 - 2 00 & - ORE] Existing Ste Conditions The subject property includes an 80.4 acre portion of 1,044 acre parcel, which includes a large industrial development (Ticona/Fbrtron Industries) on the east side of Highway 421. The property is currently undeveloped and hastwo 100 foot wide Duke Fbwer easements crossing it. Conservation, Historic, and Archaeological Resources The subject property has been identified asa 9gnificant Natural Heritage Area, 421 Sand Fudge, by the NC Natural Heritage Rogram. The applicant provided an environmental report, prepared by WithersFRavenel, on the mining operation's impact on the Natural Heritage Area. The report examined the property for seven animal species and eleven plant species which are either protected by the Federal or gate governments, or is listed a rare species in the County's Natural Area Inventory. The report found that of the listed species, two animal species (Northern Long -Eared Bat and S:)uthern Hognose Shake) may be affected by the mining operation, but are not likely to be adversely affected, and therefore no specific protection strategies are warranted. STAFF P0911 0N: Zoning Ordinance Considerations The 1 -2, Heavy Industrial, district provides areas for a full range of manufacturing, fabrication, assembly, warehousing, and distribution uses associated with heavy industrial land uses where heavy industry can find suitable sites served by rail, waterway and highway transportation. The district also seeks to protect non - industrial uses located outside the district and to mi nimize environmental impacts caused by the uses within the district. — � _.1- �.__ /lbPilY'fSi nm•s._.. i J ,nn we wa r. 1 s PROPOSED CONDITIONS PUIN S Ran - 11� PRELIMINARY .� = — SUTTON IAKf ROAD PIT SPECIAL USE PERMIT CONCEPT PLANareFtav@n91 3- 1][][] X:K❑❑4J Conceptual Ste Ran Board of Commissioners - September 6, 2016 ITEM: 16- 3 - 3 00 & ❑ ORE A conceptual site plan is included as part of the application. If this application is approved, the property must be developed in accordance with the site plan. Further, the proposed development must also go through the County's building permit/ site plan review process. As currently shown, the site plan complies with the standards of the Zoning Ordinance, include the specific use standards for high intensity mining operations. The site plan has been updated since the Planning Board meeting due to the concerns presented at the meeting. The applicant is now proposing to utilize wet mining techniques, with no dewatering of the groundwater occurring. Because of this, the operation is not subject to a 100 foot setback the Zoning Ordinance requiresfor mining operationsthat dewater. Traffic The applicant has stated the purpose of the mine is to serve the adjacent and existing asphalt plant, and for filling a Duke Power coal ash pond; thereforethe applicant expectsthat thetrafficwill not exceed the amounts currently generated by the existing mining operation. The mining operation anticipates a maximum of 60 -80 trucksto be loaded over the course of an 8 to 12 hour day (seasonal daylight). Further, the actual mining process will require less than six employees working within the project boundaries at anytime. Asthe operation will not generate 100 peak hour trips, a Traffic Impact Analysis (TIA) was not completed for the proposed use. In 2015, the Wilmington Metropolitan Planning Organization conducted a traffic count at the 2900 block of Highway 421, south of the proposed mine between Sitton Steam Plant Fbad and Fleming Street. The count found a daily trip volume of 24,543. The Highway has a capacity of 59,800 trips which equates to a Level of Service (LOS) of "B" when using the volume to capacity ratio. Environmental As previously mentioned, the property is located within a 9gnificant Natural Heritage Area and does contain habitat of protected and rare species. An environmental report provided by the applicant concluded that the proposed mining operation is not likely to adversely affect any protected or rare species and does not recommended any specific protection strategies. The environmental report also found that thereare no regulated wetlandswithin the property. The applicant also conducted a Phase I Environmental Ste Assessment and a Limited Phase II Environmental Ste Assessment of the subject site. The Phase I ESA identified recognized environmental conditions (FE35) in connection with the subject property. The purpose of the Limited Phase II ESAwas to investigate possible groundwater impact on the property by the nearby FECs. The Phase II assessment cond uded that "it does not appear that surficial aquifer groundwater beneath the subject property has been adversely affected by potential off -site sources of contamination. Additionally, it does not appear that the constituents detected at concentrations above their 2L Si`andards would pose an unacceptable health and safety risk to workers associated with the proposed sand mine expansion." All application materials, including the noted assessments, can be found on the County's website at: http: / /tiny.cc/9332. Please note that the appendix to the Phase I ESA is not included in the Board of Commissioner's packet due to the size of the document (1,600+ pages). It is however available at the linked website. 3 X-K--�V Board of Commissioners - September 6, 2016 ITEM: 16- 3 - 4 o °�• =off= The property does not contain any Special Rood Hazard Areas. Based on the S)il Sarvey of New Hanover County, the soils on the property are Lakeland Send (Class 1), Rmini Sand (Qass 1), Kureb Sand (Class 1), and Leon Sand (Class 111). 2006 CAM ALand Use Ran Considerations The property is classified as Natural Heritage Fbsource Protection by the 2006 GWA Land Use Ran. This class is located predominantly in the northwest corner of the County with small segments scattered elsewhere. These are areas identified bytheNorthCarolinaNaturalHeritageProgramasgenerallyunique habitats that warrant special attention and protection. The threat to these areas is loss of habitat or fragmentation of habitat that may be crucial to a particular natural community identified as important. The focus of strategies for this subclass is to better identify these areas and develop specific protection strategies. The applicant provided an environmental report, prepared by WithersRavenel, on the mining operation's impact on the Natural Heritage Area. The report examined the property for seven animal species and eleven plant species which are either protected by the Federal or State governments, or is listed a rare species in the County's Natural Area Inventory. The report found that of the listed species, two animal species (Northern Long -Eared Bat and SiDuthern HognoseSnake) may be affected bythe mining operation, but are not likely to be adversely affected, and therefore no specific protection strategies are warranted. Therefore, staff concludes that the proposed mining operation is consistent with the 2006 CAMA Land Use Ran. 2016 Comprehensive Land Use Ran Considerations The property is classified as Commerce Zone by the 2016 Comprehensive Land Use Ran. These areas serve as employment and production hubs, predominantly composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed. Densities are dependent in part of the type of industry; some industrial uses will likely be one story with large setbacks and ample room for trucksand other Iargevehicles. Offices usescan be multi -story and nearer the street, while office buildings can be two or three storiesand closer to the street. Commerce Zones, unlike Employment Centers, do not allow residential uses. Commerce Zones require arterial or major collector road access connecting them to outside their boundaries. Board of Commissioners - September 6, 2016 ITEM: 16- 3 - 5 o° �• Ali= Relevant Goals, Strategesand Guidelinesof the Comprehensive Ran: Do4 Promote a strong diverse economy and high quality growth. (Desired Outcome: A vibrant economy for New Hanover County based on business success) Guideline I.A.1. Encourage target industries in Employment Centers, Commerce Zones, and Growth Nodes. Dam Lo: Promote environmentally responsible growth. (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources) The proposed application is consistent with the future land use map and meets the intent of the Commerce Zone place type. Heavy industrial uses, including high intensity mining operations, are appropriate within this place type. GENERAL INFORM AWN REGARDING SPEOAL USE PERM I M Special use permits add flexibility to the Zoning Ordinance. Sjbject to high standards of planning and design, certain property uses may be allowed in the several districts where these uses would not otherwise be acceptable. By means of controls exercised through the special use permit procedures, property useswhich would otherwise be undesirable in certain districtscan be developed to minimize any bad effectsthey might have on surrounding properties. Any use or development designated by applicable zoning district regulations as a special use, or as al lowed only pursuant to a special use permit, may be established in that district only after the use or development isauthorized by avalidly issued special use permit. The applicant bearsthe burden of presenting sufficient evidence in support of the application to allow the Board of Commissioners, after weighing such evidence against that presented in opposition to the application, to make findings of fact that reasonably support each of the required condusions. If that burden is met, the Board of Commissioners should approve the application. If that burden is not met, the Board of Commissioners should deny the application, provided that if the Board determinesthat specific Board of Commissioners - September 6, 2016 ITEM: 16- 3 - 6 0 -& -m - minor changes or additions to, or restrictions on, the proposed development are necessary and sufficient to overcome impediments to its reaching the required conclusions, it may approve the application subject to reasonable conditions requiring such changes or additions or imposing such restrictions. Sich conditions may include time limits for completion of development or for the start or end of certain uses or activities. The Board of Commissioners may continue the hearing to a later meeting to accommodate additional witnesses or the presentation of additional testimony or evidence. If the time and place of the continued hearing is announced in open session during the hearing, no further notice need be given for the continued hearing. A motion to approve the application must state the required conclusions and include findings of fact on which the conclusions are based, plus any proposed conditions of approval. The favorable vote of the majority of the Board present is necessary to pass such a motion. A motion to deny the application must state which of the required conclusions cannot be reached and include findings of fact on which the inability to reach the condusions is based. The favorable vote of a majority of the Board present is necessary to pass such a motion. STAFF PRHJ M I NARY CONCW S ONSAN D R N DI NGS OF FACT: 3{aff has conducted an analysis of the proposed use and the information provided as part of the application package, in addition to supplemental information provided bythe applicant and presented at the August 4, 2016 public hearing at the Planning Board, and has created preliminary findings of fact to support each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and condusionsare based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the September 6, 2016 Board of Commissioners meeting. Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed accordingto the plan assubmitted and approved. A The mining operation must obtain a mining permit from the Elate which includes review by several state and federal agencies including the U.S Fish & Wildlife Service, Wildlife Fesource Commission, and the Divisions of Air Quality and Water Quality within the N.0 Department of Environmental Quality. B. A Limited Phase II Environmental Ste Assessment, prepared by WthersFbvenel, concluded that it does not appear that surficial aquifer groundwater beneath the subject property has been adversely affected by potential off -site sourcesof contamination, and that it does not appear that the constituents detected would pose an unacceptable health and safety risk to workers associated with the proposed sand mine expansion. C. The subject property is located in the New Hanover County North Fire Service District. D. Accessto the site will be provided by a two 20 foot haul roadswhich connect to ,%tton Lake Fbad (ER 2145) and Highway 421. 3- = == X-K--�V Board of Commissioners - September 6, 2016 ITEM: 16- 3 - 7 o °�• =off= {Q& {j - H -sKd6■: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A High intensity mining is allowed by Special Use FOrmit in the 1 -2 zoning district. B. The site and proposed location of the high intensity mining operation complies with the requirements of the 1 -2 zoning district and the specific use standards for high intensity mining operations listed in Section 72 -42. {Q& {j -46Ame Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A The proposed high intensity mine isexpanding an existing mining operation. B. The surrounding area is zoned 1 -2, Heavy Industrial, a district that allows for high intensity and heavy industrial uses. C. No evidence hasbeen submitted that thisproject will decreasethe property valuesof adjacent or nearby properties. NI& {j - H -sKd6■e The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. Finding4: The Board must find that the location and character of the use if developed accordingto the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A The 2006 Wilmington -New Hanover County CAM Land Use Ran classifies the area proposed for the high intensity mining operation as Natural Heritage Area, which identifies areas as generally unique habitats that warrant special attention and protection. The focus of this classification is to better identify and develop specific protection strategies that help reduce the loss the habitat or fragmentation of habitat that may be crucial to a particular natural community identified as important. B. An environmental report, prepared by WithersRavenel, found that animal or plant specieswhich are either protected by the Federal or Elate governments, or are identified asa rare species in the County's Natural Area Inventory, are not likely to be adversely impacted by the proposed mining operation. C The property is classified as Commerce Zone by the 2016 Comprehensive Land Use Ran. These areas serve as employment and production hubs, predominantly composed of light and heavy industrialuses. High intensity mining operations are appropriate within the Commerce Zone. NI& {j - H-sA■e Evidence in the record at this time does support a finding that the use is general conformity with the plan of development for New Hanover County. 3- = == X-K--�V Board of Commissioners - September 6, 2016 ITEM: 16- 3 - 8 o °�• =off= ACTION NEEDED (Choose one): 1. Motion to approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this application for a Special Use FOrmit to develop a high intensity mining operation: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; and 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. Staff suggested condition(s): 1. A20 foot wide access easement shall be dedicated to the County along the eastern property line, which abuts theSaaboard Coastline Railroad right -of -way, for the purposes of installing afuture pedestrian facility in accordance with the Wilmington/ New Hanover County Greenway Ran. Example Motion for Denial: Motion to deny, asthe Board of Commissioners cannot find that this application for a Special Use FOrmit to develop a high intensity mining operation: [Sate the finding(s) that the application does not meet and include reasons to why it is not being met] 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the surrounding area, and is in general conformity of the plans of development for New Hanover County. Board of Commissioners - September 6, 2016 ITEM: 16- 3 - 9 o° �• Ali= 1 r �WA V. t ;sV N't log 4 R .... .. KN 74 A 1.z z 4. :7 C ;v" tr B A, 44 ZT 77 , J out 7L Af 4 4.0 N1 2% V ii- 70* 421 Sand Ridge Significant Natural Heritage Area (New Hanover County portion) Castle Hayne and Leland quads (A) - primary areas, (B) - secondary areas Scale - 1:35,000 A. .%. ;4 % Board-e��� ITEM: 16- 4 - 1 fT I Ae: x. A' I . New Hanover County Natural Area Inventory 421 SAND RIDGE Significant Natural Heritage Area Site significance: state Size: 7966 acres: 7071 acres within primary boundary (2029 in New Hanover County), 895 acres in secondary boundary (341 in New Hanover County) Quadrangles: Castle Hayne, Currie, Leland Ownership: New Hanover Co., private SIGNIFICANT FEATURES: 421 Sand Ridge is one of the best formed and largest of the aeolian sand ridges associated with the Coastal Plain terraces east and northeast of the Cape Fear River south from Cumberland County. Although fragmented by industrial development, primarily in New Hanover County, the site continues to support extensive natural habitat with eight community types or variants, including the rare Cypress Savanna. Ten rare plants and four rare animals have been identified from the site. Among the rare plants is the Federally and State Endangered rough -leaf loosestrife (Lysimachia asperulifolia), and four Federal Species of Concern: Sandhills milkvetch (Astragalus michauxii),Venus flytrap (Dionaea muscipula), Carolina goldenrod (Solidago pulchra), and Pickering's dawnflower (Stylisma pickeringii var. pickeringii). Among the rare animals are the Federally and State Endangered red - cockaded woodpecker (Picoides borealis), and Federal Species of Concern southern hognose snake (Heterodon simus). LANDSCAPE RELATIONSHIPS: This site is located in northern New Hanover County and southern Pender County on the long north /south sand ridge between the lower reaches of the Northeast Cape Fear River on the east and Black River and Cape Fear River on the west. It extends southward from near Bear Branch in Pender County to just north of the confluence of Cape Fear and Northeast Cape Fear rivers in New Hanover County. Bio- geographically, it is a pivotal area connecting major ecosystems in southeastern North Carolina. It is directly connected eastward to the Northeast Cape Fear River Floodplain natural area, and from there to the Camp Lejeune /Holly Shelter Megasite extending east into Onslow County. To the west it is directly connected to the Black River Floodplain Macrosite, and from there to Bladen Lakes Natural Areas Megasite extending northward into Bladen, Sampson, and Cumberland counties. Southward it is directly connected to Brunswick River /Cape Fear River Marshes natural area in New Hanover and Brunswick counties. Within the natural area, the primary boundary includes habitat in good natural condition and /or with other exceptional biological values, while the secondary boundary includes areas of lesser natural value, but which buffer primary habitat and /or have good restoration potential. SITE DESCRIPTION: 421 Sand Ridge is characterized by rolling sandhills interspersed with numerous irregular, elliptical, and nearly round depressions, including examples of the Carolina bay geomorphic feature. The uplands support four longleaf pine ecosystem communities: Wet Pine Flatwoods Wet Spodosol Variant, and Xeric Sandhill Scrub Sand Barren, Coastal Plain, and Coastal Fringe variants. (The rare Coastal Fringe Sandhill community, formerly occurring in the southern portion of this site, has been destroyed by logging.) Dry -Mesic Oak — Hickory Forest occurs on slopes above Fishing Creek, where fire appears to have been rare naturally. Depressions that MI, Board of Commissioners - September 6, 2016 ITEM: 16- 4 - 2 intersect the water table support three wetland community types: Cypress Savanna, Small Depression Pocosin, and Vernal Pool. A few wet depressions have permanent aquatic zones and belong to the Small Depression Pond community but have been disturbed by logging, nutrient input, and other impacts. Wet Pine Flatwoods Wet Spodosol Variant occurs on wet sandy soil that tends to dry out in the latter stages of the growing season. It is found on low flats within and adjacent to sandhill habitat at 421 Sand Ridge. Longleaf pine (Pinus palustris) is the canopy dominant, with pond pine (P. serotina) locally prominent. The shrub layer is patchy to moderate, with dwarf huckleberry (Gaylussacia dumosa) dominant, and staggerbush (Lyonia mariana), inkberry (Ilexglabra), and a St. John's -wort (Hypericum reductum) forming patches. The ground layer is moderate to moderately dense with Carolina wiregrass (Aristida stricia) dominant, creeping blueberry (Vaccinium crassifolium) subdominant to co- dominant, and the uncommon southern bogbutton (Lachnocaulon beyrichianum) locally prominent. Xeric Sandhill Scrub Sand Barren Variant occurs on the driest and most excessively drained sand ridges. The canopy is sparse to moderately open, and exclusively dominated by small longleaf pine trees typically 35 -45 feet high, with the moderate to moderately dense understory dominated by small turkey oaks (Quercus laevis) 10 -15 feet high. Carolina October -flower (Polygonella polygama var. croomii) is prominent in the sparse to patchy shrub layer, with Carolina wiregrass prominent in the sparse ground layer, where reindeer lichen (Cladonia sp.) forms patches. This community variant does not appear to burn frequently naturally, likely due to the sparseness of the ground vegetation. The openness of the various stratal layers is apparently due to the extreme dryness. The occurrence of this community in the New Hanover County portion of the site has been destroyed by logging, but the community persists in the Pender County portion. Dry but not as excessively drained sandhill areas support Xeric Sandhill Scrub Coastal Plain Variant, the dominant community type over much of the site. Conditions are variable, depending on soil moisture, and fire and logging history. Canopy density varies from sparse to moderately dense, with longleaf pine dominant. The oak understory is moderate to moderately dense, with turkey oak dominant. The shrub and ground layers are sparse to patchy, in some areas due to litter accumulation and increased understory density due to lack of fire, and in other areas apparently due to pinestraw raking. Dwarf huckleberry and seedling longleaf pine are patch dominants in the shrub layer, with Carolina wiregrass and little bluestem (Schizachyrium scoparium) prominent in the sparse ground layer. A small sandhill area near the southern end of the sand ridge in New Hanover County supports the uncommon Xeric Sandhill Scrub Coastal Fringe Variant community. It also occurs on very dry soil, but contains some species primarily found along the coast, such as sand live oak (Quercus geminates) and sandhill beaksedge (Rhynchospora megalocarpa). Like other sandhill sites in the region, the open to patchy canopy is dominated by longleaf pine with turkey oak forming a moderately dense to moderate understory. Sand live oak and sand laurel oak (Q. hemisphaerica) are also found in the understory. Reindeer lichen is dominant in the open to patchy ground layer, with little bluestem :E Board of Commissioners - September 6, 2016 ITEM: 16- 4 - 3 prominent. This community contains two very rare plants, Florida scrub frostweed (Helianthemum nashii) and Pickering's dawnflower, plus the rare southern hognose snake. Dry -Mesic Oak — Hickory Forest occurs on bluffs and slopes above the floodplain of the Northeast Cape Fear River and Fishing Creek along the east side of the site. This community type is restricted to areas naturally protected from fire by the floodplain slopes. The canopy is dominated by sand laurel oak, with mockernut hickory (Carya alba) prominent. The understory is diverse, with common pawpaw (Asimina triloba), wild olive (Osmanthus americanus), witch -hazel (Hamamelis virginiana), American holly (Ilex opaca), and farkleberry (Vaccinium arboreum) prominent. This community is bordered by Xeric Sandhill Scrub at the slope summit (where not cleared), and by marsh and swamp habitat at the slope base. A small Carolina bay in the Pender County portion of the site supports the rare Cypress Savanna community. Carolina bays are elliptical wetland basins surrounded by arcuate, usually dry sand ridges called bay rims. Cypress Savannas, especially rare on the outer Coastal Plain, occur in depressions that are shallowly flooded for much of the year, but tend to be exposed during at least the latter part of the growing season. They are characterized by an open canopy of pond- cypress (Taxodium ascendens), swamp tupelo (Nyssa biflora), and swamp red maple (Acer rubrum var. trilobum) over an herbaceous ground layer. Dominant herbs include maidencane (Panicum hemitomon), redroot (Lachnanthes caroliana), and Virginia chainfern (Woodwardia virginica). Other prominent herbs include soft - headed pipewort (Eriocaulon compressum) and witch grasses (Dichanthelium spp.). This community formerly occurred in a depression near the southern end of the site in New Hanover County, but was severely impacted by logging. Small isolated basins that intersect the water table support either the Small Depression Pocosin or Vernal Pool communities. Small Depression Pocosin occurs on saturated peats in isolated basins within the sandhill communities. It is characterized by an open canopy over a dense shrub layer. Pond pine is the canopy dominant, with fetterbush (Lyonia lucida) dominant and southern highbush blueberry (Vaccinium formosum) and staggerbush abundant. The Vernal Pool community occurs in small depressions that typically flood in winter and spring and dry out by summer. This produces ideal breeding conditions for amphibians. The seasonal pool typically is dominated by such grasses as switchcane (Panicum virgatum) and white bluestem (Andropogon capillipes). Swamp tupelo and swamp red maple are present at some pools. 421 Sand Ridge is an important wildlife area. The majority of habitat is dry sandhill with an open canopy, moderate understory, and sparse to patchy shrub and ground layers. Several small isolated depressions contain wetlands. These conditions provide home and foraging habitat for many animal species, including critical habitat for populations of the Federally and State Endangered red - cockaded woodpecker. However, extensive logging in the 1980s eliminated much habitat for this species in this area. The sandhill understory oaks provide mast for game animals, and the isolated depressions provide potential amphibian breeding sites. However, habitat has become increasingly segmented and isolated over time due primarily to industrial development, largely in New Hanover County. Such fragmentation can seriously impact several groups of animals. Z Board of Commissioners - September 6, 2016 ITEM: 16- 4 - 4 MANAGEMENT AND PROTECTION: Natural habitat in 421 Sand Ridge has experienced a considerable reduction in recent years, especially in New Hanover County. Much habitat has been eliminated by industrial development and for county infrastructure (e.g., a 400 -acre landfill). Large areas in the New Hanover County portion of the site have been logged in recent years, with considerable surface impact. Remaining habitat has become increasingly fragmented, and variously impacted by fire suppression (throughout) and pinestraw raking (local). Portions of remnant native ground layers in powerline corridors have been replaced by large food plots. The US 17 Wilmington Bypass is scheduled to cross this site, adding to the reduction and fragmentation of remaining natural habitat. Management efforts should focus on restoring natural processes such as fire, while protection efforts should seek to preserve large areas of intact or easily restorable natural habitat. NATURAL COMMUNITIES: Cypress Savanna *, Dry -Mesic Oak — Hickory Forest, Small Depression Pocosin *, Vernal Pool, Wet Pine Flatwoods Wet Spodosol Variant, Xeric Sandhill Scrub Coastal Fringe Variant, Xeric Sandhill Scrub Coastal Plain Variant, Xeric Sandhill Scrub Sand Barren Variant *. RARE PLANTS: Sandhills milkvetch (Astragalus michauxii), Venus flytrap (Dionaea muscipula) *, Robbin's spikerush (Eleocharis robbinsii), Florida scrub frostweed (Helianthemum nashii), roughleaf loosestrife (Lysimachia asperulifolia) *, shrubby seedbox (Ludwigia suffruticosa), West Indies meadow - beauty (Rhexia cubensis), lace -lip ladies'- tresses (Spiranthes laciniata), Carolina goldenrod (Solidago pulchra) *, Pickering's dawnflower (Stylisma pickeringii var. pickeringii). RARE ANIMALS: southern hognose snake (Heterodon simus), coachwhip (Masticophis flagellum), red - cockaded woodpecker (Picoides borealis), eastern fox squirrel (Sciurus niger). *Only in Pender County at this site REFERENCES: DuMond, D.M. 1977. Rare plant survey: proposed Northeast Cape Fear River disposal sites. Wilmington District Corps of Engineers, Wilmington, N.C. LeBlond, R.J. 1999. Site survey report: 421 Sand Ridge, Takeda survey site. N.C. Natural Heritage Program, OCCA, DENR, Raleigh, NC. LeBlond, R.J. 2000. Natural Area Inventory of Pender County, North Carolina. N.C. Natural Heritage Program, OCCA, DENR, Raleigh, N.C. Leonard, S.W., and R.J. Davis. 1981. Natural area inventory of 421 Sand Ridge. In Natural Areas Inventory of Pender County, North Carolina, pp. 106 -118. Coastal Energy Impact Program (CEIP) Report No. 11, N.C. Coastal Management Program. Schafale, M., A. Weakley, H. LeGrand, and S. Hall. 1993. Natural Heritage site survey report: 421 Sand Ridge, southern portion. N.C. Natural Heritage Program, Office of Conservation and Community Affairs, DENR, Raleigh, N.C. :. Board of Commissioners - September 6, 2016 ITEM: 16- 4 - 5 b ' £ ° — Q % Q Q ± & # _ # # § « j \ @ @ / f ?- kl�� ANERD q 3 $ @ J % j, , J � _ o o er�4 m# z=» 40 � r � / N _ IV @ vEWa DR § \ 19 ¥. o u 4A o K� c# k \ ot o dw % / $ u & aa'3 1d aV �-j 'A. J %« j E \ ; 2 d � ® o \OAy � � 2 N } z¥ / »_ k Lu LU o ` o G 0 D_ 2 /CL $ a �O �a � � t 2 � § � f 4 § o _ a Q �& > LL § .; L ; Q �\ Ln � \ �§ f� �2 ®i Board e Commissioners -Sep __Rm6 ITEM *s, Board of Commissioners - September 6, 2016 ITEM: 16-6-1 v ip Q a ° � m L/ d Q O C O W 5 O y � V SASSANQUA'RD p w V Q m i 0 AD O � cc O Q 2 a y > v OuGP �� GO - pERD L KKER: � N7 Alllln aNVy1 Q _b0 A03NN3I /yQ= Qir b 1 �3H 0 a o Apr H .E 7 .CE d C H O - o r C d d C a �� V N N x W d H d .y d Q N 4) IIx lyO, p Ip a II I RD-71 O Q >r U dl 4 V I/ � o L Q L o d L - d > dp �Z Board of Commissioners - September 6, 2016 ITEM: 16-7-1 L rr7 s V O ii? 4) GN N LL O O N N � H � H Y � J � O r Q H M N d N y M a `o U of �r A p Ip a II I RD-71 O Q >r U dl 4 V I/ � o L Q L o d L - d > dp �Z Board of Commissioners - September 6, 2016 ITEM: 16-7-1 L rr7 s V O ii? 4) GN N LL O O N N Board of Commissioners - September 6, 2016 ITEM: 16-8-1 APPLICANT MATERIALS Board of Commissioners - September 6, 2016 ITEM: 16- 9 - 1 Board of Commissioners - September 6, 2016 ITEM: 16- 9 - 2 Print For NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & INSPECTIONS Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax Application for www.nhcgov.com SPECIAL USE PERMIT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf Invista S.A.R.L. 230 Sutton Lake Road Company Owner Name 2 Parcel ID(s) Design Solutions c/o S.T. Wooten Corporation p/o 320004.72.0523 Address Address Area P.O. Box 7221 P.O. Box 2408 80.4 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilson, NC 27894 I -2 / Vacant Phone Phone Proposed Use 910 - 620 -2374 252 - 206 -8912 / Brian Gurganus Sand Mining Expansion Email Email Land Classification cwolf @Iobodemar.biz brian @stwcorp.com Natural Heritage Resource Application Information i Only) Case Number Date /Time received: Received by: APPLICATION OVERVIEW In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to Special Use Permits prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to Special Use Permits: • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses • Section 111: Petitions Applications for Special Use Permits (with the exception of single family dwellings on individual lots) must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Board of ComrPTP6 p4 September 6, 2016 ITEIC/ - 16- 10 - 1 04/14 APPLICATION REQUIREMENTS In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. Applications for single - family dwellings, including mobile homes, on individual lots do not require Planning Board review and must be submitted to Planning Staff twenty (20) working days before the Commissioners meeting. For High Density Residential projects, a High Density Residential application and High Density Checklist must also accompany this application. The New Hanover County Technical Review Committee (TRC) must also review a High Density Residential project prior to submitting this application. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Narrative of Proposed Use 11 nni Traffic Impact Worksheet nni Traffic Impact Analysis (if applicable) niin Site Plan (8 -2406 copies for Planning Board; 8 -24x36 copies for Commissioners) nni • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change Ref. Article VII, as applicable) Authority for Appointment of Agent Form if applicable) nn[ Fee - $500; $250 if application pertains to a residential use (i.e. mobile home, duplex family child care home)nni Board of Comrpi§W1)eJG4 September 6, 2016 ITEM: 16- 10 - 2 0414 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." The project is located out in the U.S. Hwy. 421 industrial corridor of the County, with access to a State highway with more that adequate capacity to handle the truck traffic. It is in an excellent location for accessibility to the markets it could serve. The amount of trip generation is low, and spread out through the day. The proposal is for expansion of an existing mining facility, but the expansion of the operations will still require permitting by a variety of agencies prior to the onset of improvements and the beginning of use. These include, but are not limited to, erosion control, stormwater management, mining and air quality permits. 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. The site plan has been created in accordance with all of the requirements and regulations of the Zoning Ordinance and will go through more detailed review and approval during the zoning compliance permitting. Setbacks and circulation needs have been considered. The supplemental requirements for the proposed "high intensity mining operations" use have also been incorporated, as necessary, into the proposal. Reports have been provided by environmental experts to assure that there will be no adverse impacts. 3. The Board must find "that the use will not substantially i nj ure the value of adjoining or abutting property or that the use is a publ i s necessity." The surrounding property uses are industrial in nature, and there is existing mining activity in the vicinity. There has been no evidence of diminished property values in the past years due to those uses. t. The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general The 1 -2 / Heavy Industrial district is established for the full -range of uses associated with highway transportation and /or the need for separation from residential uses. The closest residential district is across and to the East of the Cape Fear River. Policies for growth and economic development encourage continued efforts to attract and retain businesses. The expected large influx of residences in the future years continues to drive home building and services provision development needs. The improvements that will be required include a multitude of needs for the materials being mined. The 1 -2 district was assigned to this vicinity of the County because of pre- existing industry in this location, the large open acreage and the lack of residential uses. Board of ComrM f4 September 6, 2016 ITE 16- 10 - 3 04/14 Section 72 of the Zoning Ordinance provides additional requirements for the following Special Use Permits. Please supplement your application with all necessary material to meet any additional requirements if your use is any of the following: • Cemetery • Convenience Food Store • Hospital or Nursing and Personal Care Facilities • Private Club or Lodge and Fraternal and Social Organizations • Sanitary Landfill • Travel Trailer Park • Family Child Care Home • Kennel • Mobile Home • Non - Residential Off - Street Parking • Commercial Marina • Septage and Sludge Disposal • Outdoor Shooting Ranges • Adult Entertainment Establishment • Indoor /Outdoor Recreation Establishments • Community Boating Facility • Residential Uses within Commercial Districts • Bed and Breakfast Inn • Electronic Gaming Operation • Farmers Market or Produce Stands in Residential Zoning Districts • Mining • High Density Development • Senior Living Options If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. In granting a Special Use Permit, conditions may be designated to assure that the use in its proposed location is harmonious with the spirit of the Zoning Ordinance, CAMA Land Use Plan and any other adopted plans that are applicable. All conditions become part of the special use permit and run with the land. A Special Use Permit shall become null and void if construction or occupancy of the proposed use as specified and approved is not commenced within 24 months of the date of issuance. By my signature below, I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. Signature of Petitioner Andim P Print Name Page 4 of 4 Board of Commissioners - September 6, 2016 ITEM: 16- 10 - 4 04/14 �r` "' NEW HANOVER COUNTY r PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner() Subject Property Name Owner Name Address Cindee Wolf S.T. Wooten Corporation 230 Sutton Lake Road Company Owner Name 2 City, State, Zip Design Solutions Wilmington, NC 28401 Address Address Pa reel ID P.O. Box 7221 P.O. Box 2408 320004.72.0523 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilson, NC 28794 Phone Phone 910 - 620 -2374 252- 206 -8912 / Brian Gurganus Email Email cwolf @ lobodemar.biz brian@stwcorp.com Case Number Reference: Date/Time received: Received by: This document was willfully executed on the % - 1 Owner 1 S' ure day of —.20. /( Board of Commissioners - September 6, 2016 ITEM: 16- 10 - 5 04/14 NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf INVISTA S.A.R.L. 3941 U.S. Hwy. 421 Company Owner Name 2 City, State, Zip Design Solutions Contract Purchaser: ST Wooten Corp Wilmington, NC 28401 Address Address Parcel ID P.O. Box 7221 PO Box 2408 p/o 320002.97.5346 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilson, NC 27894 Phone Phone 910 - 620 -2374 252- 206 -8912 / Brian Gurganus Email Email cwolf @lobodemar.biz kpplicationTracking Information brian@stwcorp.com (Staff 0111N.) Case Number Reference: Date/Time received: Received by: This document was willfully executed on the % day of 120 TA� D "I' s-,, " Owner 1 Signature For: INVISTA S.A.R.L. Board of Commissioners - September 6, 2016 04/14 ITEM: 16- 10 - 6 S.T. Wooten Sand Mining Special Use Permit Narrative About S.T. Wooten Founded and headquartered in North Carolina, S.T. Wooten has a 60 -year history of corporate citizenship. As a family -owned business, headquartered in Wilson, N.C., the company employs approximately 900 people across the state. Valuing safety, quality and productivity, S.T. Wooten Corporation provides both construction materials and services across central and eastern North Carolina. It produces asphalt and ready mix concrete and offers heavy highway construction, grading, utilities, structures, concrete construction, asphalt paving, design - build, and commercial and residential construction. With a reputation for excellence, S.T. Wooten has been recognized at both the state and national levels for its quality and innovation. About the Site S.T. Wooten currently operates an asphalt plant and an existing borrow pit on a nearby 90 -acre tract permitted by NCDENR in 2006. An adjacent 65 -acre tract holds a 2012 =-@ObR I ' fmJJI mrtrtrf odd Is+' me rdgadr ' r ' rource of fill (soil and sand) for the 1 -140 highway project. The additional 80 -acre tract, that is the subject of the proposed Special Use Permit, is being purchased to expand the mining operations. When the highway project is completed, remaining volume of the combined properties will continue to serve as borrow pit / sand mine resources for filling the Duke Power coal ash pond rehabilitation efforts and directly servicing the existing asphalt plant on the adjacent property. As located in a Heavy Industrial (1 -2) zone, the site meets all conditions and requirements of the zoning ordinances. Based on its location and purpose, the borrow pit will have little impact on its neighbors and the public. Minimal Impact To prepare the site, tree protection fencing and erosion control measures will be installed. Significant trees within the operations area have been surveyed & will be mitigated if necessary to remove them during clearing for the mining. The CSX Railroad has acknowledged that development of the new site as a borrow pit will not affect the neighboring rail line. Board of Commissioners - September 6, 2016 ITEM: 16- 10 - 7 Sgd cK f hnf v hkad ax ' =:v dsl hrriinf Ilocpbdct qd +v hag rm cdv ' wring of the groundwater. This process requires less than six (6) employees working within the project boundaries at any time. Traffic will not exceed the amounts currently generated by the existing pit on the neighboring site. During the piss hrrtah kt rd nmM03/ +she project is approximately a quarter -mile away. For subsequent projects, the site is very close to US -421, a divided four -lane highway and a major thoroughfare. Trucks will cross no residential roads or areas on the short trip between the site and 421. All employee parking will be on site. The pit will be completely enclosed by a security fence. Operations take place during daylight hours, minimizing the impact of noise. Per local, state and federal regulations, dust and silica emissions will be contained to the property by regular water spraying. Engineering controls will be used to mitigate exposure to dust for employees and neighbors. Mining procedures will conform to OSHA and MSHA regulations. These operations cause no odor and no combustible materials will be stored on site. The company has received no complaints regarding the existing pits on the neighboring sites. Public Safety The safety of the pit itself is governed by rs sd ' me adcdq k' f drrbadr- R -S- V nns:14 Experience Modification Rate (EMR) is 0.76, 24 percent better than the national EMR contractor average of 1.00. S.T. Wooten currently operates 13 pits in eastern North Carolina. We are proud of our safety record for these pits and recently earned an MSHA Achievement of Safety, presented by the Mine Safety and Health Administration. S.T. V nns:14 V nl ald Ohs' bghdudc sghr gdbnf nition by logging more than 4,000 employee gnt q hrn1/ 00 v hag ydcp =Pm c' xr Icrs1lhrrit c[lr- Final Completion When the borrow pits are fully mined, which based on the available volume will be many xd' q hrnagd Et at qd +v g' s� klEsadghm hr a' r hD' k ' I ' ml ' cd onn-c- Sgd v' sdq ldudkhm the pond will be the elevation of the water table, which obviously varies seasonally. In this location, the average freeboard around the perimeter of the pond would be approximately 3 -4 feet with 3:1 side slopes down to the water surface. The maximum pond depth will be approximately 50 feet. The area will remain fenced for security as long as it is private property, but could ultimately provide a recreation opportunity. Board of Commissioners - September 6, 2016 ITEM: 16- 10 - 8 Adjacent Ownership List Owner Address 0 PO BOX 42 131 PACNEDR SIJITE101 1442 QUADRANT O R 0 PO BOX 327 4600 421 HWY N PO BOX 327 4111 EAST 37TH ST N 215 MARLEYDR 1744 OLD ANDERSON STORE RD 1500 DOUNEST 0 PO BOX 327 0 PO BOX 10810 0 PO BOX 1915 3301 BENSON DR SJITE601 0 PO BOX 10810 3807 PEACHTRI SAVE SJITE20C 118 35TH ST E 4111 EAST 37TH ST N 0 POBOX2936 3807 PEACHTRI SAVE SJITE20C 3807 PEACHTRI SAVE SJITE20C 3807 PEACHTRI SAVE SJITE20C 3807 PEACHTRI SAVE SJITE20C 3807PEACHTRISAVE SJITE20C 0 PO BOX 327 0 POBOX2408 39 OLD R DCEBU R(RE) 403 VICTOR HUGODR 3807 PEACHTRI SAVE SJITE20C 0 PO BOX 42 0 PO BOX 33424 0 PO BOX 1551 230 GOVBFINM ENT CENTER DR SUITE 190 4123 37TH ST E 3801 BLACK CREEK RD 0 PO BOX 5310 230 GOVERINM ENT CENTER DR SATE 190 0 PO BOX 3547 0 PO BOX 1320 3301 BENSON DR SJITE601 Board of Commissioners - September 6, 2016 ITEM: 16- 10 - 9 Owner Cty WRGHTSVILLEBEACH, NC28480 WILMINGTON, NC28403 WILMINGTON, NC28405 WILMINGTON, NC28402 WILMINGTON, NC28402 WICHITA, KS67220 CJRRIE NC28435 WATHA, NC28471 VVINSTONS4LEV1, NC27127 WILMINGTON, NC28402 RALBGH, NC27605 WILMINGTON, NC28402 PALBGH, NC27609 RALBGH, NC27605 WILMINGTON, NC28403 SAVANNAH, 6431401 WICHITA, KS67220 WICHITA, KS67201 WILMINGTON, NC28403 WILMINGTON, NC28403 WILMINGTON, NC28403 WILMINGTON, NC28403 WILMINGTON, NC28403 WILMINGTON, NC28402 WILSON, NC27894 DAN BURY, CT 06810 CARY, NC27511 WILMINGTON, NC28403 WRGHTRALLE BEACH, NC28480 CHARLOTTE, NC28233 RALBGH, NC27602 WILMINGTON, NC28403 WICHITA, KS67220 WILSON, NC27894 VIENNA, VW 26105 WILMINGTON, NC28403 JOHNSON CITY, TN 37602 WILMINGTON, NC28402 PALBGH, NC27609 PAR OdVN1 F03200-001-026-00C OLD M BC OFR C= LLC F03200- 002 - 001 -OOC NC0O43TAL LAND TRUST F02300-001-006-00C NEW CENTER PROPERTIES LLC F02400-001-005-00C FORTRON I N DUSTR ES LLC F02400-001-008-00C FORTRON I N DUSTR ES LLC F02400-001-038-00C KOCH RP HOLDI NGS I I LLC F03200-001-013-00C MARLEY I SAAC R DOROTHY F FU2300- 001 - 009 -OOC MB:;RTT GLENN D CYNTHIA M FU2300- 001 - 010 -OOC YTC PROPERn ES LLC FU2400- 001 - 002 -OOC FORTRON I N DUSTR ES LLC FU3200- 001 - 035 -OOC VVl L FBRGI E LLC FU2300- 001 - 015 -OOC OHIO VALLEY LAND 00 INC FU3200- 002 - 001 -022 VVl LM I NGTON LANDCO LLC FU3200- 001 - 034 -OOC VVl L FBRGI E LLC FU2400- 001 - 003 -OOC DLH HOLDI NGS LLC FU2400- 001 - 039 -OOC W1 LBARA LLC FU2400- 001 - 037 -OOC KOCH RP HOLDI NGS I I LLC FU2400- 001 - 001 -002 AR B/A S°ECAL n ES SA R L FU2400- 001 - 009 -OOC DLH HOLDINGS LLC FU3200- 001 - 036 -OOC OLD NORTH STATE PROPERTI ES LLC FU2400- 001 - 041 -OOC S=AM I ST PORPBRII ES LLC FU2400- 001 - 043 -OOC SI=AM I ST PROPB:;M ES LLC FU2400- 001 - 042 -OOC S=ARA I ST PROPB:TI ES LLC FU2400- 001 - 006 -OOC FORTRON I N DUSTR ES LLC FU2400- 001 - 004 -OOC STWOCTEN CORP FU2400-001 -001 -001 LINIONCARBIDEINDG45ESINC FU2400- 001 - 007 -OOC BGVI PROPERfI ES LLC FU2400- 001 - 010 -OOC DLH HOLDINGS LLC M3200- 001 - 012 -OOC OLD M BC OFR C= LLC FU3200- 001 - 018 -OOC RBVI SERA C EB I NC M2300- 002 - 001 -OOC CUM NA POWER & U GHT 00 FU3200- 001 - 021 -OOC NEW HAN ONTY FU2400-001 -001 -OOC INVISTASA.RL FU2400- 001 - 040 -OOC STWOOTEN CORPOPATON FU2300- 001 - 005 -001 TAR RVBR I NVESTM ENTS LLC M1500- 002 - 001 -001 NEW HAN ONTY FU3200-002-001 -01 C GENERAL SHALEBRC<INC FU3200- 002 - 001 -014 BUENAVISTASJN LLC FU3200-002-01 1 -OOC W1 LM I NGTON LANDOO LLC Owner Address 0 PO BOX 42 131 PACNEDR SIJITE101 1442 QUADRANT O R 0 PO BOX 327 4600 421 HWY N PO BOX 327 4111 EAST 37TH ST N 215 MARLEYDR 1744 OLD ANDERSON STORE RD 1500 DOUNEST 0 PO BOX 327 0 PO BOX 10810 0 PO BOX 1915 3301 BENSON DR SJITE601 0 PO BOX 10810 3807 PEACHTRI SAVE SJITE20C 118 35TH ST E 4111 EAST 37TH ST N 0 POBOX2936 3807 PEACHTRI SAVE SJITE20C 3807 PEACHTRI SAVE SJITE20C 3807 PEACHTRI SAVE SJITE20C 3807 PEACHTRI SAVE SJITE20C 3807PEACHTRISAVE SJITE20C 0 PO BOX 327 0 POBOX2408 39 OLD R DCEBU R(RE) 403 VICTOR HUGODR 3807 PEACHTRI SAVE SJITE20C 0 PO BOX 42 0 PO BOX 33424 0 PO BOX 1551 230 GOVBFINM ENT CENTER DR SUITE 190 4123 37TH ST E 3801 BLACK CREEK RD 0 PO BOX 5310 230 GOVERINM ENT CENTER DR SATE 190 0 PO BOX 3547 0 PO BOX 1320 3301 BENSON DR SJITE601 Board of Commissioners - September 6, 2016 ITEM: 16- 10 - 9 Owner Cty WRGHTSVILLEBEACH, NC28480 WILMINGTON, NC28403 WILMINGTON, NC28405 WILMINGTON, NC28402 WILMINGTON, NC28402 WICHITA, KS67220 CJRRIE NC28435 WATHA, NC28471 VVINSTONS4LEV1, NC27127 WILMINGTON, NC28402 RALBGH, NC27605 WILMINGTON, NC28402 PALBGH, NC27609 RALBGH, NC27605 WILMINGTON, NC28403 SAVANNAH, 6431401 WICHITA, KS67220 WICHITA, KS67201 WILMINGTON, NC28403 WILMINGTON, NC28403 WILMINGTON, NC28403 WILMINGTON, NC28403 WILMINGTON, NC28403 WILMINGTON, NC28402 WILSON, NC27894 DAN BURY, CT 06810 CARY, NC27511 WILMINGTON, NC28403 WRGHTRALLE BEACH, NC28480 CHARLOTTE, NC28233 RALBGH, NC27602 WILMINGTON, NC28403 WICHITA, KS67220 WILSON, NC27894 VIENNA, VW 26105 WILMINGTON, NC28403 JOHNSON CITY, TN 37602 WILMINGTON, NC28402 PALBGH, NC27609 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TM shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME S.T. Wooten Sand Mine PROJECT ADDRESS 230 Sutton Lake Road DEVELOPER/OWNER S.T. Wooten corporation EXISTING ZONING I -2 GROSS FLOOR AREA N/A sq. ft. NEAREST INTERSECTION Sutton Lake Rd & U.S. Hwy. 421 BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: Sand Mining / use on adjacent properties only (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS o PM PEAK HOUR TRIPS o (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) Person Providing Estimate SO�w�� S Signature Peak Hour estimate confirmed by Planning & Zoning on L-Im (Date) Board of Commissioners - September 6, 2016 ITEM: 16- 10 - 11 ■■ Wit hersRavenel �. Our People. Your Success. July 27, 2016 M r. Brian Gurganus ST Wooten Corporation, Inc. PO Box 2408 Wilson, NC 27894 Re: Wetland and Protected Species Assessment Report Sutton Lake M ine Expansion Site ( ±80.43 acres) Wilmington, New Hanover County, NC WR Project # 02050449.20 M r. Gurganus: On July 20 & 21, 2016, WithersRavenel conducted a review of the ±80.43 acre property proposed for expansion of the existing mine for the purpose evaluating the presence of wetlands, and streams, as well as federal and state listed threatened and endangered species. The review area consisted of the ±80.43 acrewesternmost portion of the 1,045 acre parcel (PI D: R02400- 001 -001- 000) owned by Invista S.A.R.L., as depicted in the attached exhibits. The review area is located on US 421, directly west of the existing Invista facility in Wilmington, New Hanover County at Latitude: 34.309732; Longitude: - 77.987537. Specifically, the review area is bound to the east by the CRX railroad track, to the west by the Duke Energy 2 Sutton Plant property, to the south by an existing sand mine, and to the north by a high voltage power line easement. The review area is located within two sub - basinsof the Cape Fear River Basin (see attached Cape Fear Basin Exhibit). The majority of the review area drainsto the NE Cape Fear River (HUC: 03030007; Stream Index: 18- 74- (52.5); Water Quality Classification: C;Sw). A small area in central, western portion of the review area drainsto the Cape Fear River (HUC: 03030005; Stream Index: 18 -(71); Water Quality Classification: SC). Before conduct i ng t he site visit, a preli mi nary assessment was completed by compi I i ng topographic base maps, New Hanover County soils maps, color aerial photographs and USGSQuadrangle M aps. Proposed Activities The review area is located within a heavily developed area along the US421 corridor where most of the industrial development isconcentrated within New Hanover County. The areassouth of the review area are heavily developed, and very little natural habitat existsto the south of the review area. The natural habitat that does exist to the south is severely fragmented with very few unimpeded travel corridorsfor wildlife. The proposed activities within the review area consist of the proposed expansion of the existing sand mine, located adjacent to the south. Due to the nature of a mining operation, the proposed activitieswill result in impact to the entire review area. 115 MacKenan Drivel Cary, NC27511 t: 919.469.3340 1 f: 919.467.6008 www.withersravenel.com I License No. C -0832 Cary I Greensboro Pittsboro I Raleigh I Wilmington Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 1 ::Wit hersRavenel Our People. Your SJcoess. Ste Conditions The review area consisted of undeveloped woodlands, maintained roads and a maintained overhead power I i ne easement. The review was characterized by two main communities, consisting of longleaf pine- turkey oak forest, and maintained corridors (roads and overhead power line easement)(See Vegetative Communities Exhibit). The maintenance associated with the maintained corridors prevents a canopy or significant understory /shrub strata. The vegetative composition of the maintained corridors consisted of a mixture of camphorweed (Heterotheca subaxillaris), wiregrass (Aristida stricta), broomsedge (Andropogon virginicus), little bluestem (Sbhizachyrium scopariu,) longleaf pine (seed stage) (Pinus palustris), sandhills beaksedge (f�7ynchospora megalocarpa), centipede grass (Eremochloa ophiuroides), Berm udagrass (Cynodon dactylon), persimmon (Diospyrosvirginiana), lespedeza (S?ricea lespedeza), bahia grass (Paspalum notatum) and reindeer lichen (C/adonia sop.), as well as other common weeds and grasses. The longleaf pine /turkey oak forest was characterized by a canopy of longleaf pine (Pinuspalustris), thevast majority of which arelessthan 50 yearsold with only scattered maturelongleaf pines, and an understory of immature longleaf pine and turkey oak (Quercus/aevis). Due to a lack of natural fire patterns, the longleaf pine /turkey oak forest has lost many of the characteristics of the historic xericlongleaf pinescrub natural community. The understory within the majority of the review area was dense, with some areas of sparse understory and only a few areas of barren sand. With the exception of the barren sand areas,theleaf litter ranged from 3 -6 inchesthick. In the areas of dense understory, t he vegetative composition of the herbaceous strata consisted of little blue stem and sandhills beaksedge. In areaswhere the understory was sparse, the herbaceous strata consisted of a mixture of wiregrass (Aristida stricta), sandhills beaksedge, little bluestem, Carolina October - flower (Polygonella polygamy var. croomii) and reindeer lichen. The vegetative composition of the barren sand areas consisted sparse wire grass, Carolina October - flower, sandhi I Is beaksedge and reindeer lichen. Wetland Delineation Prior to conducting the site visit, WR reviewed aerial photographs, the USFWSNational Wetland Inventory maps, the USDA Soil Survey for New Hanover County (1977), the 2013 USGS Quadrangle Map (Castle HayneQuad) and New Hanover County GISdata (i.e. topography, streams, etc.). WR surveyed the review area for the presence of wetlands, streams and surface waters jurisdictional totheCorpsof Engineers(Corps)and /or NC Division of Water Resources(DWR). WR conducted surveysfor features meeting the 1987 USACEWetlands Delineation Manual and 2010 Atlantic& Gulf Coastal Plain Regional Supplement. The New Hanover County Soil %rvey characterizes the majority of the soilswithin the review area as Kureb sand (Kr), with three pockets of Rimini sand (Rm) and one pocket of Leon sand (Le). Both Kureb and Rimini soils are excessively drained upland soils. Leon soils are poorly drained soils. The survey did not identify any wetlands or surface waters within the review area. The majority of the review area consists of xeric longleaf pine /turkey oak sand ridge. The review of the mapped area of Leon sand in the southeastern corner of the review determined that the soils were Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 2 Page 2 of 16 Wit hersRavenel Our People. Your SLccess. consistent with Leon Sand. However, there were no hydrologic indi cat ors wit hint he upper 121Dof the soil surface, and the area did not contain a dominance of wetland vegetation. Additionally, three small low lying areas, less than 0.10 acres each, were identified within the site and intense investigation was conducted within these area. Two of the low lying areas are located immediately north of the central access road, and one was located immediately east of the western property boundary within the maintained power I ine easement. The veget at ion in these areas was considered hydrophytic based on the Dominance Test in the Atlantic& Gulf Coastal Plain Regional Supplement. However, the soils in these areas were not hydric, and did not have sufficient hydrologic indicators in the upper 12 inchesof thesoil surfaceto meet wetland criteria. Therefore, these areasare not wetlands, and are simply low lying areaswithin an upland landscape that hold water periodically during heavy rain events, with no surface water connection to jurisdictional waters. This report represents the professional opinion of our Senior Environmental Scientist and does not represent concurrence by the USArmy Corpsof Engineers. Threatened & Endangered Species Review Methodoloav Per conversations with New Hanover County Development Services, the review for threatened, endangered and rare species consisted of t he fol lowi ng: rr Federally listed threatened and endangered speciesfor New Hanover County; rr Federally listed Federal Species of Concern (FSC) identified as occurring within the New Hanover County portion of the j421 Sand Ridge Significant Nature Heritage Areaa as documented in the Natural Area Inventory of New Hanover County (2003), prepared by the North Carolina Natural Heritage Program; rr Statelisted threatened, endangered and rare species identified asoccurringwithin theNew Hanover County portion of the y421 Sand Ridge Significant Nature Heritage Areaa as documented in the Natural Area Inventory of New Hanover County (2003), prepared by the North Carolina Natural Heritage Program; Prior to conducting thesitevisit ,WRreviewed USFish and Wildlife Service&onli net hreatened and endangered species database, located at: http: / /www.fws.aov /raleiQh/species /cntylist /New Hanover.html and the NC Wildlife Resource Commissioncs Pate and Federally Listed Endangered Wildlife Species of North Carolinas publication, located at www.ncwildlife.org, to identify federal and state listed species known to occur in New Hanover County, North Carolina. WR also reviewed the NC Natural Heritage Programc's (NCNHP) online database, located at http: / /www.ncnhp.ora /web /nhp /database - search to identify known occurrences of federal and state listed threatened or endangered species known to occur in New Hanover County. WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https : / /ncnhde.natureserve.ora/,to identify known occurrence of listed species within 1.0 miles of the subject property. WR also obtained NCNHP GlSdata for all known occurrences of listed specieswithin 2.0 miles of the review area. On July 21, 2016, WR conducted a pedestrian survey of the subject property to assess vegetative commu nit iesand identify potential habitat for, or occurrences oft hefederal and state listed species Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 3 Page 3 of 16 Wit hersRavenel Our People. Your SLccess. as requested by New Hanover County Development Services. The vegetativecomm unit iesfound within the subject property consists of maintained corridors and longleaf pine/ turkey oak forest as previously discussed in the Ste Conditions section of this report. Speciessynopsisand Pedestrian Survey Results Plants and animals classified as Endangered (E) or Threatened (T) by the USFWS are protected under the provisionsof Section 7 and Section 9 of the Endangered Species Act of 1973, asamended. Additionally, plants and animals classified as Endangered (E) or Threatened (T) by the State of the North Carolina are protected under provisions of 15A NCAC 101.0101 of the North Carolina Administrative Code. There is no protection afforded to species classified as Federal Species of Concern (FSC) by FWSor classified as Special Concern (SC) or Watch List (W) by the State. The fol lowing tables present the species for which surveyswere conducted. Federally listed species surveyed for are based on the USFWSfor New Hanover County, North Carolina, as last updated on 04/02/15. Please note that marine species and species which only occur on the barrier islands or immediately on the beaches have been omitted from this report due to a lack of suitable habitat within the review area (i .e. seabeach amaranth, short nose sturgeon, Atlantic sturgeon, West Indian manatee, piping plover, red knot and seaturtles. State listed species listed in the following tables are based on the New Hanover County Development Services request to survey for species identified as occurring within the New Hanover County portion of the y421 Sand Ridge Significant Nature HeritageAreaaasdocumented in the Natural Area Inventory of New Hanover County (2003), prepared by the North Carolina Natural Heritage Program. Therefore, Venus flyt rap and Carol ina goldenrod wereomitted fromthisreport; however, it should be noted that potential habitat for these species does not occur within the review area. Common N ame Scientific N ame Federal State H abitat Biological Status Status Present Conclusion Animals American Alligator Alligator mississippiensis T (S/ A) T No No Effect Bald Eagle Haliaeetusleucocephalus BGPA T No No Effect Coachwhip Masticophisflagellum None None Yes No Effect Eastern Fox 13�iurusniger None None Yes No Effect Squirrel M ay Affect, Northern Long- Myotisseptentrionalis T T Yes Not Likely to Eared Bat Adversely Affect Red - cockaded Rcoidesborealis E E No No Effect Woodpecker M ay Affect, Southern Hognose Heterodon simus FSC SC Yes Not Likely to Snake Adversely Affect Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 4 Page 4 of 16 Wit hersRavenel Our People. Your SLccess. BGPA = Bald & Golden Eagle Protection Act T (S/A) = Threatened by similarity of appearance T = Threatened E= Endangered FSC = Federal Sped es of Concern Animals American Alligator FWSStatus2 T(S/A) State Status 2 T SC = Sped al Concer n SC -V = Special Concern - Vulnerable W1 =Watch List The American alligator isalarge,semi - aquatic, armored reptilethat rangesin sizefrom 6 to 14 feet long. Alligators live in swampy areas, rivers, streams, lakes and ponds. There is no critical habitat designated for the American alligator. There was no potential habitat for the American alligator observed within the review area. Based on a lack of potential habitat, WRconcludesthat the proposed activitieswill have No Effect on the American alligator. Biological Conclusion 2 No Effect Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 5 Page 5 of 16 Federal State Habitat Biological Common Name ScientificName Status Status Present Conclusion Plants Cooley& M eadowrue Thalictrumcooleyi E E No No Effect Florida Scrub Frostweed Helianthemumnashii None E Yes No Effect Golden Sedge Carexlutea E E No No Effect Lace -Lip Lad iesi birantheslaciniata None SC -V No No Effect Tresses Pickering& S.`ylismapickeringii var. FSC SC -V Yes No Effect Dawnflower pickeringii Robbin&Spikerush E7eocharisrobbinsii None SC -V No No Effect Rough- Leaved Loosestrife Lysimachiaasperulaefolia E E No No Effect Sandhil Is M il kvetch Astragalusmichauxii FSC SC -V Yes No Effect Shrubby Seed box Ludwigia suffruticosa None T No No Effect Viviparous Beocharisvivipara None E No No Effect Spi ker ush West Indies f�7exiacubensis None W1 No No Effect Meadow-Beauty BGPA = Bald & Golden Eagle Protection Act T (S/A) = Threatened by similarity of appearance T = Threatened E= Endangered FSC = Federal Sped es of Concern Animals American Alligator FWSStatus2 T(S/A) State Status 2 T SC = Sped al Concer n SC -V = Special Concern - Vulnerable W1 =Watch List The American alligator isalarge,semi - aquatic, armored reptilethat rangesin sizefrom 6 to 14 feet long. Alligators live in swampy areas, rivers, streams, lakes and ponds. There is no critical habitat designated for the American alligator. There was no potential habitat for the American alligator observed within the review area. Based on a lack of potential habitat, WRconcludesthat the proposed activitieswill have No Effect on the American alligator. Biological Conclusion 2 No Effect Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 5 Page 5 of 16 Wit hersRavenel Our People. Your SLccess. Bald Eagle FWSStatus2 BGPA St at e St at us - T Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Largedominant treesare utilized for nesting sites, typically within 1.0 milesof open water. There were no trees found within or adjacent to the review area that were considered suitable nesting habitat as there were no large pine trees observed with adequate limb structure and unobstructed ingress /egress. No bald eagles or their nests were observed during the pedestrian surveyof thereview area. A review of the NCNHPdatadid not identifyany known eagle nestingor roosting siteswithin 2.0 milesof the review area. Sutton Lake and the Cape Fear River are located within 1.0 miles of the review area and are considered potential foraging habitat. In accordance with the USFWS6yNational Bald Eagle Management Guidelines (May 2007), a pedestrian survey was conducted for area within 660 ft of the review area for bald eagle nests as depicted in the Bald Eagle Nest Survey Exhibit. The 660 ft review areawascreated in ArcGlSand downloaded into aTrimble mapping grade GPSunit in order to locatethe limitsof thesurvey areain thefield. Therewas no potential nesting habitat within the survey area to the west of the review area as there were no mature trees present. The area to t he south is no longer forested, as this is an active sand mine. The survey of the forested areas to the east did not identify any nests. Per the National Bald Eagle M anagement Guidelines, activities taking place in excess of 660 ft from a bald eagle nest will have no effect on nesting activities. Therefore, based on a I ack of existing nests within 660 ft of the review area and lack of nearby records, WR concludes that the proposed activitieswill have No Effect on bald eagles. Biological Conclusion 2 No Effect Coachwhip FWSStatus2 None State Status -None Coachwhips are long, slender snakesthat can grow to over 8 feet in length. Their coloration isvery distinctive, fading gradually from black on the head to tan or nearly white on the tail. The pattern of the scales on the rail resemble a braided whip. Habitat consists of open areas with sandy soils associated with sandhill scrub habitats, coastal dunes and old fields. Coachwhips live underground and hunt during the daytime, and are most commonly seen in hot weather. It should be noted that the coachwhip is not classified by the USFWS or State as threatened, endangered or speciesof special concern. Therefore, this species is not imperiled or protected. The onsite longleaf pine /turkey oak forest was determined to be potential habitat for the coachwhip. No individualswere observed during the pedestrian survey. Additionally, based on the NCNHP GIS data, there are no know occurrences of the coachwhip within 2.0 miles of the review area. Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 6 Page 6 of 16 ::Wit hersRavenel Our People. Your SJcoess. The proposed activities within the review area will result in the removal of habitat for the coachwhip. Very little potential habitat existsto the south of the review area, asthisarea has been heavily developed. There is existing habitat within the Duke Energy property to the west that will continue to serve asatravel corridor. While potential habitat does exist within the review area, the coachwhip is not considered jrareaby either the USFWSor State of North Carolina. Therefore, species populations remain sufficiently stablethat lossof habitat does not threaten the continued existence of the species. Therefore, WR concludes that the proposed activities will have No Effect on the coachwhip. Biological Conclusion 2 No Effect Eastern Fox Squirrel FWSStatus2 None State Status - None The eastern fox squirrel isthe largest tree squirrel, growing up to 15 inches in length. Eastern fox squirrels exhibit a variety of color phases and patterns ranging from gray to black to red. Habitat consists primarily of mature longleaf pine and open pine -oak forests in the Sandhills and southern Coastal Plain. It should be noted that the eastern fox squirrel is not classified by the USFWS or State as threatened, endangered or species of special concern. Therefore, this species is not imperiled or protected. The NCWildlife Resource Commission hasestablished hunting seasonsfor the eastern fox squirrel, which is from October 12 2 December 31. The onsite longleaf pine /turkey oak forest was considered potential habitat for the eastern fox squirrel. While two gray squirrels were observed during the pedestrian survey, no eastern fox squirrels were observed, nor were their nests. Based on the pedestrian survey, only marginal habitat existswithin the review area. While marginal habitat doesexist within the review area,theeastern fox squirrel is not considered yrareaby either the USFWSor State of North Carolina. Species populations remain sufficiently stablethat lossof habitat does not threaten the continued existence of the species. Therefore,WR concludes that the proposed activities will have No Effect on the eastern fox squirrel. Biological Conclusion 2 No Effect N ort hern Long -Eared Bat FWSStatus2 T State Status- T The northern long -eared bat is a medium -sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. Thisbat isdistinguished by itslong ears. During the summer, northern long -eared batsroost singlyor in colonies underneath bark,in cavitiesor in crevicesof both liveand dead trees, typically within the interior of large blocks of mature forests. It has also been found, rarely, roosting in structures like barns and sheds, and all Oature forestais considered potential roosting habitat by the USFWS. Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 7 Page 7 of 16 ::Wit hersRavenel Our People. Your SJcoess. The USFWSis protecting the northern long -eared bat under the Endangered Species Act because of strongly declining populations, largely because of white - nosesyndrome, a disease that is severely affecting this species. Population decline is in no way attributed to loss of roosting habitat. A proposal to list this bat as Endangered was submitted by USFWSon October 2, 2013, and the bat gained federal protection when it was officially listed as a Threatened species under the Endangered Species Act on 04/02/15. Potential roosting habitat for the northern long -eared bat is specified asany forested areaswith treesover 3 inches in diameter. The USFWSFinal 4(d) rulefor the Northern Long -Eared bat specifiesthat tree removal within the White Nose Syndrome (WNS) Zone is not prohibited as long as it occurs more than 0.25 miles from known hibernacula and does not result in destroying known occupied maternity roost trees, or any other trees within a 150 ft- radius from the maternity tree, during the pup season (June 1 2 July 31). The review area is not located within 0.25 miles of any known hibernacula, nor is there any known maternity roost trees present within the review area. The onsite longleaf pine /turkey oak forest was considered suitable roosting habitat for the northern long -eared bat due to the presence of trees greater than 3 inches in diameter. It should be noted that the NCNHPdatadid not identify any known occurrencesof the northern long -eared bat within 1.0 milesof the subject property. Surveyswere not conducted to determine whether or not therewereoccurrencesof the northern long -eared bat onsite. Since there is potential roosting habitat present, WR concludes that the proposed activities may effect, but is not likely to affect the northern long -eared bat. However, it should be noted that the review area does not contain critical habitat (i.e. hibernacula; maternity roost) for the northern long -eared bat. Additionally, the presence of potential northern long -eared bat roosting habitat is of no significance, as all forested areas within New Hanover County are considered potential roosting habitat. Biological Conclusion May Affect, Not Likely to Affect Consultation with the USFWSfor an yeffectadetermination is only required if federal funding is involved, or a federal permit such as a Department of the Army 404 permit or FEMA permit is required. Slncethere are no wetlands or FEMA fIoodplain with the review area, consultation with the USFWSwould not be required for proposed act ivities wit hin the review area. Red - Cockaded Woodpecker FWSStatus2 E State Status - E The red - cockaded woodpecker (RCW) occurs in extensive tracts of open stands of mature pines, particularly longleaf pine (Pinuspalustris), for foraging and nesting /roosting habitat, typically 70 to 100 acres or more. The red - cockaded woodpecker is rarely found in deciduous or mixed pine - hardwoods. The RCW excavates cavities for nesting and roosting in living pi ne t rees, aged 60 years or older, which are contiguouswith pine standsat least 30 yearsof ageto provideforaging habitat. Optimal habitat is characterized as a broad savanna with a scattered overstory of large pinesand a dense groundcover containing a diversity of grass, forbs, and shrub species. M idstory vegetation is sparse or absent. Frequent fires maintain the quality of the RCW& habitat. The foraging range of the RCW is normally no morethan 0.5 miles. Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 8 Page 8 of 16 Wit hersRavenel Our People. Your SLccess. The onsite I ongleaf pine /turkey oak forest was considered marginal RCW nesting habitat duet othe relatively young age of the longleaf pines, as well as the density of the understory. During the pedestrian survey, W Robserved each mat ure pi ne for evidence of act ive or abandoned cavity trees. No active or abandoned cavity treeswere observed duringthe pedestrian survey of the review area. Therefore, the review area does not contain an RCW nesting habitat. Areas within the review area where the understory was sparse were considered potential RCW foraging habitat. Therefore, in accordance with Appendix 4 of the USFWS2003 yRecovery Plan of the Red - Cockaded Woodpecker Second Revisions WR conducted a pedestrian survey of all potential nesting habitat within a0.5 mile radiusof the review area. Aerial photography and GI Swas used to establish the0.5 milesurvey limitsand to identify potential RCW nesting within the survey limits as depicted in the RCW Nest Survey Exhibit. The limits of the 0.5 mile review areawascreated in ArcGISand downloaded into aTrimble mappinggrade GPSunit in order to locate the limits of the survey area in the field. Portions of the 0.5 mile survey are north and south of the review area along US421 had been recently cleared. The pine stand immediately west of the review area islessthan 20 yearsold and therefore investigation was not necessary. The pine dominated stands immediately north and east of the review were reviewed by pedestrian survey and these areas lacked trees of adequate age and size for nesting. Additionally, the understory within these areaswas much too dense to be potential nesting habitat. The pine dominated area to the northeast of the review area is located within the New Hanover County Landfill site. Extensive surveys of this area have been completed during the investigations for the Natural Area Inventory of New Hanover County by NCNHP, as well as additional surveys completed for the permitted expansion of the landfill. The NCNHP data referenced survey data within this area as recent as Fall of 2015, and did not identify any known occurrences of RCWs within thisareadespitethe numerous investigations completed for thisarea. Therefore, pedestrian surveys were not conducted in this area, as the likelihood of an undocumented RCW colony occurring within this area is unlikely. A mature stand of pines with adequate age and size to be suitable nesting habitat was identified along the perimeter of Sutton Lake. A pedestrian survey was conducted within these areas, and each mature tree was observed for evidence of active or abandoned cavity trees, but none were found. In general, the pine dominated areaswithin 0.5 miles of the review area contain treesthat are too young,and the understory istoo denseto beconsidered potential RCW nesting habitat. Pedestrian surveysfor active or abandoned cavity treeswere negative, and it appearsthat RCW nest sitesare not located within 0.5 miles of the review area. Additionally, a review of the NCNHP GISdata did not identify any known occurrences of RCW within 1.0 miles of the review area. Therefore, WR concludesthat the proposed activitieswill have No Effect on red - cockaded woodpeckers. Biological Conclusion 2 No Effect Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 9 Page 9 of 16 Wit hersRavenel Our People. Your SLccess. Southern Hognose Snake FWSStatus2 FSC St at e St at us 2 SC The southern hognose snake is a fairly small, heavily bodied snake that reaches about 24 inches in length. These snakes are easily distinguished from most snakes by their pointed, upturned snouts. The southern hognose snake is gray, tan or reddish in color with a series of dark brown blotches down the center of the back and alternating smaller blotches along the sides. Habitat consists of open, xeric habitatswith well drained, sandy or sandy -loam soilsassociated with sand ridges, pine flatwood, mixed oak -pine woodlands and forests and coastal dune habitats. This species lives underground and hunts during the day. It should be noted that the southern hognose snake is not classified by the USFWS or State as a Speciesof Special Concern, and therefore this species is not protected. The onsite longleaf pine /turkey oak forest was determined to be potential habitat for the southern hognose snake. During the pedestrian survey, no individuals were observed. NCNHP records identify that a southern hognose snake was observed within the adjacent Sutton Lake Gamelands in 2008. Theproposed activities wit hi n the review areawill result intheremoval of habitat for the southern hognose snake. Very little potential habitat existsto the south of the review area, asthis area has been heavily developed. Suitable habitat exists to the west, north and east of the review area for any southern hognose snakesthat maybe displaced by the proposed activities. Additionally, there isexisting habitat within the Duke Energy property tot hewest that will continueto serve asatravel corridor along the western edge of the review area. While the onsite potential habitat for the southern hognose snake will be eliminated by the proposed activities, the presence of suitable habitat immediately adjacent the review area diminishesthe overall effect on thespecies. Therefore, WRconcl udes that the proposed activities may effect, but are not likely to adversely affect the southern hognose snake. Biological Conclusion 2 May Effect, Not Likely to Adversely Affect Plants Cooley& M eadowrue FWSStatus2 E State Status 2 E Cooley& meadowrue is a perennial herb originating from an underground rhizome which usually growsupto3 feet in height. In full sun, the stemsare erect, and when shaded, stems are lax and may trail on the ground or lean on other plants. The compound green leaves have leaflets which are lance- shaped and less than 2 cm long. Cooley& meadowrue occurs on circumneutral soils in grass - sedge bogs and wetland pine savannahs and savannah like areas. It may also grow along fire flow lines, in roadside ditches, woodland clearings and power line right of way, and needs some type of disturbance such as fire or mowing to maintain open habitat. Plants often found growing with Cooley& meadowrue include tulip poplar growing with bald cypress and /or Atlantic white cedar. Cooley& meadowrue flowers in mid- Junetoearly -July. Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 10 Pagel 0 of 16 Wit hersRavenel Our People. Your SLccess. The pedestrian survey did not identify any potential habitat for Cooley& meadowrue within or immediately adjacent to the review area. Therefore, WRconcl udest hat the proposed activitieswill have No Effect on Cooley& meadow rue. Biological Conclusion 2 No Effect Florida Scrub Frostweed FWSStatus2 None State Status 2 E Florida scrub frostweed isaperennial flower, growing to 20 inchestall. Stems are covered with gray hairs or are smooth. Leaves are alternate, pale green on both surfaces. Flowers are of 2 kinds; closed with petals lacking or poorly developed and open with 5 yellow petals. Habitat consists of xer i c sandy areas. Survey efforts for Florida scrub frostweed were focused primarily within areas of the longleaf pine /turkey oak forest where the u nderstory and herbaceousst rata were sparse, where this species is mostly to occur. With theexception of thefew areasof barren sand,theleaf litter ranged from 3- 6 inchesdeep dueto lack of recent fires,which further limited the potential habitat. Thepedestrian survey did not identify any Florida scrub frostweed plants within the areas identified as potential habitat. Based on the lack of observation of Florida scrub frostweed during the pedestrian survey, it is WR& opinion that this species is not present within the review area. Therefore, WRconcludesthat the proposed activitieswill have No Effect on Floridascrub frostweed. Biological Conclusion 2 No Effect Golden Sedge FWSStatus2 E State Status 2 E Golden sedge,avery rareperennial grassendemicof the Atlantic Coastal Plain,growsin sandysoils overlying calcareous deposits of coquina limestone, where the soil pH, typically between 5.5 and 7.2, is unusually high for this region. Golden sedge prefers the ecotone between the pine savanna and adjacent wet hardwood or hardwood /conifer forest. Most plants occur in partially shaded savanna/swamp where occasional to frequent fires favor an herbaceous ground layer and suppress shrub dominance. Soils supporting the species are very wet to periodically shallowly inundated. Other occurrences may occur on disturbed areas such as roadside and drainage ditches or power line rights-of-way, where mowing and /or very wet conditions suppress woody plants. Poorlyviable occurrences may occur in significantly disturbed areas where ditching activities that lower the water tableand /or someevidenceof firesuppression threatensthe species. Survey efforts for golden sedge were focused within the three small low lying areas along the central access road and western property boundary, as these areas were considered marginal habitat. The lack of hydrologic indicators within the upper 12 inchesof the soil surface confirmed that these areas on only saturated for very short periods, and the yvery wet to periodically inundatedtDcondit ions to support a population of golden sedgewere not present. Therefore,these Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 11 Pagel 1 of 16 ::Wit hersRavenel Our People. Your SJCOess. areas do not contain habitat for golden sedge. Additionally, the pedestrian survey did not identify any individual golden sedge plants present. Duet o a lack of habitat and lack of observation of golden sedge plants withint he review area, WR concludes that the proposed activitieswill have No Effect on golden sedge. Biological Conclusion 2 No Effect Lace-Lip LadiesdTresses FWSStatus2 None St at e St at us 2 SC -V Lace -lip ladies6tressesisaperennial flower growingfrom 1 -3feet tall from fleshy root systemsthat are sometimes thick and appear tuberous. Flowering occurs around May, and flowers are white or cream, which grow in a spiral around a terminal spike. Flowers twist during development into an upsidedown position. Thisplant istypically found in moist to wet habitats associated with swamps, marshes, wet meadows, roadsides, ditches and savannahs. The pedestrian survey did not identify any potential habitat for lace -lip ladies6tresses within or immediately adjacent to the review area. Therefore, WRconcl udest hat the proposed activitieswill have No Effect on lace -lip ladiesctresses. Biological Conclusion 2 No Effect Pickering& Dawnf lower FWSStatus2 FSC St at e St at us 2 SC -V Pickeringc1 dawnflower is a perennial herbaceous, trailing vine with linear leaves and small, white morning - glory -like flowers. The plant can grow to 3 -6 feet in length, and flowers profusely from late -M ay to mid - August. Habitat consists of dry to xeric, nutrient poor, well drained, coarse sandy soils with little competing vegetation or litter. Tree cover is sparse to non - existent, composed of pines and scrubby oaks. Survey efforts for Pickering& dawnflower were focused primarily within areas of the longleaf pine /turkeyoakforest wheretheunderstoryand herbaceousstratawere sparse, wheret hisspecies ismostly to occur. With theexception of thefew areasof barren sand,the leaf litter ranged from 3- 6 inchesdeep dueto lack of recent fires, which further limited the potential habitat. The pedestrian survey did not identify any Pickering& dawnflower plants within the areas identified as potential habitat. Based on the lack of observation of Pickeri ngcs dawnflower duri ng t he pedestrian survey, it is W Rcs opinion that the species is not present within the review area. Therefore, WR concludes that the proposed activitieswill have No Effect on Pickering& dawnflower. Biological Conclusion 2 No Effect Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 12 Page 12 of 16 Wit hersRavenel Our People. Your SLccess. Robbin&Spikerush FWSStatus2 None St at e St at us 2 SC -V Robbingspikerush isa per ennial her bthat grows up to 3 feet tall. It has erect, flowering st ems that are sharply triangular in a cross - section. Leaves are greenish spikelets which consist only of bladeless sheaths. Robbing spikerush grows in the shallow waters of limesink ponds, clay -based Carolina bays, peat -burn lakes, mill ponds, beaver ponds, artificial lakes, ditches and drainagecanals. The pedestrian survey did not identify any potential habitat for Robbing spikerush within or immediately adjacent tothereview area. Therefore, WRconcl udest hat theproposed activitieswill have No Effect on Robbingspikerush. Biological Conclusion 2 No Effect Rough - Leaved Loosestrife FWSStatus2 E State Status - E Rough - leaved loosestrife isan erect, rhizomatous, late spring- to early summer - flowering perennial herb which grows to 2 feet tall. Its leaves are mostly 3- whorled, lanceolate to ovate - lanceolate, sessile, and 2 -4 cm long. There are usually three conspicuous veins on each leaf. The inflorescence isterminal with 5- petaled, showy, yellow flowers. The fruit isan ovoid or subglobose capsule, 3 -4.5 mm in diameter,with several somewhat winged seeds. Rough -leaf loosest rife occurs most often in ecotonesbetween longleaf pine uplandsand pond pinepocosinsin moist,sandyor peaty soilswith low vegetation that allows for abundant sunlight to the herb layer. Fire is primarily responsible for maintaining low vegetation in these ecotones. The pedestrian survey did not identify any potential habitat for rough - leaved loosest rife within or immediately adjacent tot he review area. Therefore, WRconcl udest hat the proposed activitieswill have No Effect on rough - leaved loosestrife. Biological Conclusion 2 No Effect Sandhi I Is M i I kvet ch FWSStatus2 FSC St at a St at us 2 SC -V Sandhillsmilkvetchisa perennial herb, with erect, solitary stemsgrowing1 -3 feet tall. Leavesare alternating, up to 6 inches long. Flowering occurs from May -June, and flowers are pale to dark purple, and resemble pea flowers. In NC, sandhills milkvetch can be found in xeric longleaf pine/ scrub oak /wiregrass communities. Sandhills milkvetch habitat is fire - dependent to maintain a sparse subcanopy and herbaceous strata. Soils are typically coarse, nutrient poor sands that are commonly underlain by a clay layer close to or several meters below the surface. Survey efforts for sandhills milkvetch were focused primarily within areas of the longleaf pine /turkey oak forest wherethe understory and herbaceousst rata were sparse, where this species ismostly to occur. With theexception of thefew areasof barren sand,the leaf litter ranged from 3- Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 13 Page 13 of 16 Wit hersRavenel Our People. Your SLccess. 6 inches deep due to lack of recent fires. The pedestrian survey did not identify any sandhills milkvetch plantswithin the areas identified as potential habitat. Based on the lack of observation of sandhills milkvetch during the pedestrian survey, it is WR& opinion that this species is not present within the review area. Therefore, WRconcludesthat the proposed activitieswill have No Effect on sandhills milkvetch. Biological Conclusion 2 No Effect Shrubby Seedbox FWSStatus2 None St at e St at us 2 T Shrubby seedbox is a perennial herb that grows to 1 -3 feet in height. Leaves are 1 -4 cm long and are alternate and glabrous. Flowers are white with red /pink centers. Shrubby seedbox grows in limesink pondsand clay -based Carolina bays. The pedestrian survey did not identify immediately adjacent tothe review area. have No Effect on shrubby seedbox. Biological Conclusion 2 No Effect Viviparous Spikerush FWSStatus2 None State Status 2 E any potential habitat for shrubby seedbox within or Therefore, WRconcl udest hat theproposed activitieswill Viviparous spikerush is a perennial sedge that grows in clumps of thin stems that can grow to 12 inches in height. A spike of white flowers appear at the tip of the stems. Habitat consists of bogs and poolswith shallow water depths. The pedestrian survey did not identify any potential habitat for viviparous spikerush within or immediately adjacent to the review area. Therefore, WRconcl udest hat the proposed activitieswill have No Effect on viviparous spikerush. Biological Conclusion 2 No Effect West I ndies M eadow- Beauty FWSStatus2 None St at e St at us 2 W1 The West Indies meadow - beauty is a perennial herb that grows 1 -2 feet tall. Flowers are purple with four petals. The plant is typically found growing in Iimesink ponds. The pedestrian survey did not identify any potential habitat for West Indiesmeadow - beauty within or immediately adjacent to the review area. Therefore, WRconcludesthat the proposed activities will have No Effect on West Indies meadow-beauty. Biological Conclusion 2 No Effect Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 14 Page 14 of 16 ::Wit hersRavenel Our People. Your SJcoess. New Hanover County CAM A Land Use Plan Consistency Determination The CAMA Land Use Plan for New Hanover County (2006) classifies the property as a Natural Heritage Resource Protection Area,which islocated in the northwest corner of thecounty. Natural Heritage Resource Protection Areas are identified by the NC DEQ Natural Heritage Program as generally unique habitatsthat warrant special attention and protection. Thethreat totheseareas is loss of habitat or fragmentation of habitat that may be crucial to a particular natural community identified asimportant. Thefocusof strategiesfor the Natural Heritage Resource Protection Area isto better identify these area and develop specific protection strategies. The review area was intensively reviewed for the presence of threatened, endangered or rare species and /or critical habitat. There are no threatened, endangered or rare species or their critical habitat present within the review area, with the exception of potential roosting habitat for the northern long -eared bat. While potential roosting habitat is present, there review area is not located within 0.25 miles of hibernacula, or within 125 If of a maternity roost. Therefore, while potential northern long -eared bat roosting habitat is present within the review area, it is not considered critical habitat. Therefore, due to a lack of threatened, endangered and rare species, and lack of critical habitat for such species within the review area, specific protection strategies are not warranted for the proposed construction of a minewithin the review area. Summary The review area consists entirely of uplandsand does not contain wetlands or surfacewaters. Asa result, permits from the Corps of Engineersor NC Division of Water Resource2 401 Wetlands Unit are not required for theconstruction of the proposed minewithin the review area. The survey for federal and state listed threatened and endangered species, as well as species of special concern resulted in abiological conclusion that theconstruction of aminewithin the review areawill haveyNo Effect r-on the American alligator,bald eagle, coachwhip, eastern foxsquirrel, red- cockaded woodpecker and all listed plants due to either a lack of habitat or the lack of presence of the species within the review area. Due to the presence of potential roosting habitat for the northern long -eared bat, and potential habitat for thesouthern hognosesnake, the biological conclusion isthat the construction of amine within the review area Way Affect, But Not Likely to Adversely Affectothese species. However, the review areadoes not contain critical habitat for either species. Pleasefeel freeto contact me if you haveany questions regarding the contents ofthisreport. Sincerely WithersRavenel Troy Beasley Senior Environmental Scientist Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 15 Page 15 of 16 ::Wit hersRavenel Our People. Your SJcoess. Attachments: 1) Aerial Photo (2012) 2) Topography Exhibit 3) Cape Fear Basin Exhibit 4) Vegetative Communities Exhibit 5) USGSQuads 6) New Hanover County Soil Survey 7) USFWST &EList for New Hanover County 8) USFWSNational Wetland Inventory Map 9) Bald Eagle Nest Survey Exhibit 10) RCW Nest Survey Exhibit 11)421 Sand Ridge Excerpt from Natural Area Inventory of New Hanover County (2003) Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 16 Page 16 of 16 ■■ Wit hersRavenel W111Our People. Your Siccess. AERIAL PHOTO (2012) Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 17 9 L+u-A * . " 51 , :l GRAPHIC SCALE 0 250 500 4, 1 inch = 500 ft. Vk ilbkAL ♦ m L y31 F L g t :•�a, e • r. SUTTON LAKE MINE EXPANSION qqqq���� II �0- WithersRavenel Board of CoYr p i s6he &Q' &ptember 6, 201 1 1 Engineers Rannersl9Arvey®rs WILMINGTON NEN HANOVERCOUNTY NORTH CAROLINA `:Wit hersRavenel Our People. Your SLccess. TOPOGRAPHY EXHIBIT Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 19 0 1 � i (�) C? dp, m lopmoop irs 'Am Id am a All? ,a GRAPHIC SCALE 0 250 500 1 inch = 500 ft. AN o C3 O 'I 0 g ZD SUTTON LAKE MINEDTANSION Tnp� �qpH R WithersRavenel Board bf Coin�Issibr Sp� eWWber 6, 201 1� eooweerslRannersl9meyors WILMINGTON NBN HANOVERCOUNTY NORTH CAROLINA 13 '. `:Wit hersRavenel Our People. Your SLccess. CAPE FEAR RIVER BASIN EXHIBIT Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 21 f GRAPHIC SCALE 0 250 500 4" 1 inch = 500 ft. • 3 wa w, .r n a} r=s SUTTON LAKE MINE EXPANSION qpF �qRR q�I IRS �0- WithersRavenel Boa r�A CbrFiiFn7's�lone`PS'- Pe(N Ter 6, 201 1/ Engineers iRanners i9Arvey®rs WILMINGTON NBN HANOVERCOUNTY NORTH CAROLINA `:Wit hersRavenel Our People. Your SLccess. VEGETATIVE COM M UNITIES EXHIBIT Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 23 r' GRAPHIC SCALE 0 250 500 1 inch = 500 ft. Vk N� "A �1. yi 4 e r MQQJP!!> !NPOHM=BG!QOFQIVSLFZ!PBL!GPSFTU >!NB.JJUB.JDFE!DPSSEPS 0 >!NPX !NEJ0H!BSFBT n= SUTTON LAKE MINE EXPANSION VpagAOTL�9, XgysN6TJR 0lpl 1 10 Wlitherrs�Ravvenel WILMINGTON NEN HANOVERCOUNTY NORTH CAROLINA ::Wit hersRavenel Our People. Your Siccess. USGSQUADS Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 25 9 Co -,no— sr. -421 A RV GRAPHIC SCALE 0 1500 3000 1 inch = 3000 ft. Q 11 I-P L-3 \ 1� �5- SUTTON LAKE MINE EXPANSION III ug�cp e� N�O]j 010- WithersRavenel er Rt 6 lip Engineers I Ranners I 9Arveyors rvo r RV GRAPHIC SCALE 0 1500 3000 1 inch = 3000 ft. Q 11 I-P L-3 \ 1� �5- SUTTON LAKE MINE EXPANSION III ug�cp e� N�O]j 010- WithersRavenel er Rt 6 lip Engineers I Ranners I 9Arveyors 9 C/ / fF�6 0 25 I"- L � 421 GPAPHIC SCALE 0 250 500 1 inch = 500 ft. J L--n 5 z r I i 3 SUTTON LAKE MINE ExPANSION Ug9�RRYA nr�lsPUders McTtRter�6, Z01 1� Wt heRsnRa9Aenel WILMINGTON NEN HANOVERCOUNTY NORTH CAROLINA Wit hersRavenel Our People. Your SLccess. NEW H A N O V ER CO . SOILSURVEY (1977) Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 28 9 4�f ti Kr 1 ■ 1 i 1 . 1 • 1 [ e . i • e e.� t Vie s y -x► d , ! e 5�� 4 {� R rii GPAPHIC SCALE 0 250 500 1 inch = 500 ft. Ur 1 *it R m 3 1. i1 k e SUTTON LAKE MINE EXPANSION NEW HANOVERCO. 010- WithersRavenel BoS@USkdi�a(1 0—figi�T)S e66, 201 1pI EnglneersIRannedsi9Adu.y®rs WILMINGTON NLN HANOVERCOUNTY NORTH CAROLINA r Wit hersRavenel Our People. Your SLccess. USFWST &E LIST FOR NEW HANOVERCO. Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 30 New Hanover County Endangered Species, Threatened Species,Federal Species of Conce... Page 1 of 4 Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, New Hanover County, North Carolina Note:Marine Threatened and Endangered Species information can be found at the National Marine Fiseries Service (NMFS) Endangered and Threatened Species website Updated: 4 -2 -2015 Critical Habitat Designations: Piping plover - Charadrius melodus - See the Federal Register for a description of the primary constituent elements essential for the conservation of wintering piping plovers within the designated units. This document also contains a map and a description of each designated unit. Federal Register Reference: July10, 2001, Federal Register, 66: 36038- 36136. Loggerhead Sea Turtle - Caretta caretta - See the Federal Register for a description of the primary constituent elements essential for the conservation of nesting Loggerhead sea turtles within the designated units. This document also contains a map and a description of each designated unit. Federal Register Reference: July10, 2014, Federal Register, 79:51264 -51266 Common Name Scientific name Federal Record Status Status Vertebrate: American alligator Alligator mississippiensis T (S /A) Current American eel Anguilla rostrata FSC Current Carolina gopher frog Rana capito capito FSC Current Eastern painted bunting Passerina ciris ciris FSC Current Green sea turtle Chelonia mydas T Current Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 31 https: / /www.fws.gov /raleigh/ species /cntylist/new_hanover.html 7/20/2016 New Hanover County Endangered Species, Threatened Species,Federal Species of Conce... Page 2 of 4 Hawksbill (= carey) sea turtle Eretmochelys imbricata E Historic Kemp's (= Atlantic) ridley sea Lepidochelys kempii E Current turtle Leatherback sea turtle Dermochelys coriacea E Current Loggerhead sea turtle Caretta caretta T Current Mimic glass lizard Ophisaurus mimicus FSC Historic Northern long -eared bat Myotis septentrionalis T Current Northern pine snake Pituophis melanoleucus FSC Current melanoleucus Piping plover Charadrius melodus T Current Rafinesque's big -eared bat Corynorhinus rafinesquii FSC Current Red - cockaded woodpecker Picoides borealis E Current Red knot Calidris canutus rufa T Current Southeastern myotis Myotis austroriparius FSC Current Southern hognose snake Heterodon simus FSC Current West Indian manatee I richechus manatus E Current Invertebrate: Buchholz's dart moth Agrotis buchholzi FSC Current Cape Fear threetooth Triodopsis soelneri FSC Current Eastern beard grass skipper Atrytone arogos arogos FSC Obscure Greenfield rams -horn Helisoma eucosmium FSC Historic Loammi skipper Atrytonopsis loammi FSC Obscure Magnificent rams -horn Planorbella magnifica FSC Historic Rare skipper Problema bulenta FSC Current Vascular Plant: Bog St. John's -wort Hypericum adpressum FSC Historic Carolina bishopweed Ptilimnium ahlesii FSC Current Carolina lead -plant Amorpha georgiana var. FSC Historic confusa Coastal beaksedge Rhynchosporapleiantha FSC Current Coastal goldenrod Solidago villosicarpa FSC Historic Cooley's meadowrue Thalictrum cooleyi E Current Dune blue curls Trichostema sp. I FSC Current False coco Pteroglossaspis ecristata FSC Historic Golden sedge Carex lutea E Probable/Potential Grassleaf arrowhead Sagittaria weatherbiana FSC Current Pickering's dawnflower Stylisma pickeringii var. FSC Current pickeringii Pondspice Litsea aestivalis FSC Current Raven's boxseed Ludwigia ravenii FSC Historic Rough- leaved loosestrife Lysimachia asperulaefolia E Current Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 32 https: / /www.fws.gov /raleigh/ species /cntylist/new_hanover.html 7/20/2016 New Hanover County Endangered Species, Threatened Species,Federal Species of Conce Sandhills milk -vetch Seabeach amaranth Small - leaved meadow -rue Spring- flowering goldenrod Tough bumelia Venus' fly -trap Nonvascular Plant: Lichen: Astragalus michauxii FSC Historic Amaranthus pumilus T Current Thalictrum macrostylum FSC Current Solidago verna FSC Current Sideroxylon tenax FSC Historic Dionaea muscipula FSC Current Definitions of Federal Status Codes: Page 3 of 4 E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. FSC = Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for which there is insufficient information to support listing at this time. Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists. T(S /A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S /A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT ", respectively. Bald and Golden Eagle Protection Act (BGPA): In the July 9, 2007 Federal Register( 72:37346- 37372), the bald eagle was declared recovered, and removed (de- listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S. C. 668 -668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb ". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http:// www. fws. gov /migratorybirds /baldeagle.htm Threatened due to similarity of appearance(T(S /A)): In the November 4, 1997 Federal Register (55822 - 55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S /A) (threatened due to similarity of appearance). The T Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 33 https: / /www.fws.gov /raleigh/ species /cntylist/new_hanover.html 7/20/2016 New Hanover County Endangered Species, Threatened Species,Federal Species of Conce... Page 4 of 4 (S /A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S /A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S /A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and /or location of observation is uncertain. Incidental /migrant - the species was observed outside of its normal range or habitat. Probable /potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 34 https: / /www.fws.gov /raleigh/ species /cntylist/new_hanover.html 7/20/2016 Wit hersRavenel Our People. Your SLccess. USFW S NATI O NAL W ETLAN D INVENTORY MAP Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 35 N i U M U) U) fi -wa LL O a 0 1 f N � W r ym Nw � ° O co E N O Y � � - O LIJ Q Co 4 U _ u) Z) 0 N c c � o L N N L ccco C N V -C -C Lu O r O co co L � N C OL4 +o U' N N (� — co 7 co 7 U) o O N U) W cn LL 0---0 C: co y� +I D W d jam} C%j j,. ,E > (� CL1.] �+ W :E U X LL w w a 3 `o Q - ✓ "\ p r N C E.2 N Hcn -� -0 lo a - ,i►� .. Q z fl- m o �z N T a 4 3 a Fz O Q s z CIO O Q� co Q All a� a, L m U) (�i .. Lo o W a_ ai co -�•+ r;� co co LU F is U) U) fi LL LL O f N m E N O Y � co - O Q Co co c c � o L ccco C L ccco C N V -C -C Lu O r O co co L � N C N C +o U' N N (� — co 7 co 7 U) o O N U) W U W LL 0---0 Wit hersRavenel Our People. Your SLccess. BALD EAGLE NEST SURVEY EXH I BI T Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 37 9 -fir s i; Ilk f GRAPHIC SCALE 0 300 600 1 inch = 600 ft. • � .y � yy yr' � — / i �y y. •sue , � � �'� S a ,t ffOF " " r� i. r. Y .. w •. « SUTTON LAKE MINE EXPANSION 66 %oa �p hir4 Al S`"5tV9nb 6'IZ01 11 WgtherRsnRavAenel WILMINGTON NBN HANOVERCOUNTY NORTH CAROLINA �P e f GRAPHIC SCALE 0 300 600 1 inch = 600 ft. • � .y � yy yr' � — / i �y y. •sue , � � �'� S a ,t ffOF " " r� i. r. Y .. w •. « SUTTON LAKE MINE EXPANSION 66 %oa �p hir4 Al S`"5tV9nb 6'IZ01 11 WgtherRsnRavAenel WILMINGTON NBN HANOVERCOUNTY NORTH CAROLINA �P Wit hersRavenel Our People. Your SLccess. RCW NEST SURVEY EXH I BI T Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 39 9 • :81 GRAPHIC SCALE ' -��.�..��i... : • • - •, 0 Soo 1000 •�:�:�:�:�:�:�:�:�:�:�:�:�, 1 inch= 1000 ft. A = EL=F =� =�_ �1 WY . "WO E *xi i SUTTON LAKE MINE EXPANSION III RC�/ NE§TCbii hiss o �(HI ��� ��1 10 WithersRavenel IlE I"S - �e t rn Engineers I Ranners 19Arvey®rs WILMINGTON NBN HANOVERCOUNTY NORTH CAROLINA ITGKA- 1 R_ 11 - An `:Wit hersRavenel Our People. Your SLccess. 421 SAND RIDGE EXERPT FROM NCNHP NATURALAREA INVENTORY OF NEW HANOVERCOUNTY (2003) Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 41 1 r �WA V. t ;sV N't log 4 R KN .. 74 A 1.z z 4. :7 C ;v" tr B A, 44 ZT 77 , J out 7L Af 4 4.0 N1 2% V ii- 70* 421 Sand Ridge Significant Natural Heritage Area (New Hanover County portion) Castle Hayne and Leland quads (A) - primary areas, (B) - secondary areas Scale - 1:35,000 A. .%. ;4 % Board-e��� ITEM: 16- 11 - 42 fT I Ae: x. A' I . New Hanover County Natural Area Inventory 421 SAND RIDGE Significant Natural Heritage Area Site significance: state Size: 7966 acres: 7071 acres within primary boundary (2029 in New Hanover County), 895 acres in secondary boundary (341 in New Hanover County) Quadrangles: Castle Hayne, Currie, Leland Ownership: New Hanover Co., private SIGNIFICANT FEATURES: 421 Sand Ridge is one of the best formed and largest of the aeolian sand ridges associated with the Coastal Plain terraces east and northeast of the Cape Fear River south from Cumberland County. Although fragmented by industrial development, primarily in New Hanover County, the site continues to support extensive natural habitat with eight community types or variants, including the rare Cypress Savanna. Ten rare plants and four rare animals have been identified from the site. Among the rare plants is the Federally and State Endangered rough -leaf loosestrife (Lysimachia asperulifolia), and four Federal Species of Concern: Sandhills milkvetch (Astragalus michauxii),Venus flytrap (Dionaea muscipula), Carolina goldenrod (Solidago pulchra), and Pickering's dawnflower (Stylisma pickeringii var. pickeringii). Among the rare animals are the Federally and State Endangered red - cockaded woodpecker (Picoides borealis), and Federal Species of Concern southern hognose snake (Heterodon simus). LANDSCAPE RELATIONSHIPS: This site is located in northern New Hanover County and southern Pender County on the long north /south sand ridge between the lower reaches of the Northeast Cape Fear River on the east and Black River and Cape Fear River on the west. It extends southward from near Bear Branch in Pender County to just north of the confluence of Cape Fear and Northeast Cape Fear rivers in New Hanover County. Bio- geographically, it is a pivotal area connecting major ecosystems in southeastern North Carolina. It is directly connected eastward to the Northeast Cape Fear River Floodplain natural area, and from there to the Camp Lejeune /Holly Shelter Megasite extending east into Onslow County. To the west it is directly connected to the Black River Floodplain Macrosite, and from there to Bladen Lakes Natural Areas Megasite extending northward into Bladen, Sampson, and Cumberland counties. Southward it is directly connected to Brunswick River /Cape Fear River Marshes natural area in New Hanover and Brunswick counties. Within the natural area, the primary boundary includes habitat in good natural condition and /or with other exceptional biological values, while the secondary boundary includes areas of lesser natural value, but which buffer primary habitat and /or have good restoration potential. SITE DESCRIPTION: 421 Sand Ridge is characterized by rolling sandhills interspersed with numerous irregular, elliptical, and nearly round depressions, including examples of the Carolina bay geomorphic feature. The uplands support four longleaf pine ecosystem communities: Wet Pine Flatwoods Wet Spodosol Variant, and Xeric Sandhill Scrub Sand Barren, Coastal Plain, and Coastal Fringe variants. (The rare Coastal Fringe Sandhill community, formerly occurring in the southern portion of this site, has been destroyed by logging.) Dry -Mesic Oak — Hickory Forest occurs on slopes above Fishing Creek, where fire appears to have been rare naturally. Depressions that MI, Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 43 intersect the water table support three wetland community types: Cypress Savanna, Small Depression Pocosin, and Vernal Pool. A few wet depressions have permanent aquatic zones and belong to the Small Depression Pond community but have been disturbed by logging, nutrient input, and other impacts. Wet Pine Flatwoods Wet Spodosol Variant occurs on wet sandy soil that tends to dry out in the latter stages of the growing season. It is found on low flats within and adjacent to sandhill habitat at 421 Sand Ridge. Longleaf pine (Pinus palustris) is the canopy dominant, with pond pine (P. serotina) locally prominent. The shrub layer is patchy to moderate, with dwarf huckleberry (Gaylussacia dumosa) dominant, and staggerbush (Lyonia mariana), inkberry (Ilexglabra), and a St. John's -wort (Hypericum reductum) forming patches. The ground layer is moderate to moderately dense with Carolina wiregrass (Aristida stricia) dominant, creeping blueberry (Vaccinium crassifolium) subdominant to co- dominant, and the uncommon southern bogbutton (Lachnocaulon beyrichianum) locally prominent. Xeric Sandhill Scrub Sand Barren Variant occurs on the driest and most excessively drained sand ridges. The canopy is sparse to moderately open, and exclusively dominated by small longleaf pine trees typically 35 -45 feet high, with the moderate to moderately dense understory dominated by small turkey oaks (Quercus laevis) 10 -15 feet high. Carolina October -flower (Polygonella polygama var. croomii) is prominent in the sparse to patchy shrub layer, with Carolina wiregrass prominent in the sparse ground layer, where reindeer lichen (Cladonia sp.) forms patches. This community variant does not appear to burn frequently naturally, likely due to the sparseness of the ground vegetation. The openness of the various stratal layers is apparently due to the extreme dryness. The occurrence of this community in the New Hanover County portion of the site has been destroyed by logging, but the community persists in the Pender County portion. Dry but not as excessively drained sandhill areas support Xeric Sandhill Scrub Coastal Plain Variant, the dominant community type over much of the site. Conditions are variable, depending on soil moisture, and fire and logging history. Canopy density varies from sparse to moderately dense, with longleaf pine dominant. The oak understory is moderate to moderately dense, with turkey oak dominant. The shrub and ground layers are sparse to patchy, in some areas due to litter accumulation and increased understory density due to lack of fire, and in other areas apparently due to pinestraw raking. Dwarf huckleberry and seedling longleaf pine are patch dominants in the shrub layer, with Carolina wiregrass and little bluestem (Schizachyrium scoparium) prominent in the sparse ground layer. A small sandhill area near the southern end of the sand ridge in New Hanover County supports the uncommon Xeric Sandhill Scrub Coastal Fringe Variant community. It also occurs on very dry soil, but contains some species primarily found along the coast, such as sand live oak (Quercus geminates) and sandhill beaksedge (Rhynchospora megalocarpa). Like other sandhill sites in the region, the open to patchy canopy is dominated by longleaf pine with turkey oak forming a moderately dense to moderate understory. Sand live oak and sand laurel oak (Q. hemisphaerica) are also found in the understory. Reindeer lichen is dominant in the open to patchy ground layer, with little bluestem :E Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 44 prominent. This community contains two very rare plants, Florida scrub frostweed (Helianthemum nashii) and Pickering's dawnflower, plus the rare southern hognose snake. Dry -Mesic Oak — Hickory Forest occurs on bluffs and slopes above the floodplain of the Northeast Cape Fear River and Fishing Creek along the east side of the site. This community type is restricted to areas naturally protected from fire by the floodplain slopes. The canopy is dominated by sand laurel oak, with mockernut hickory (Carya alba) prominent. The understory is diverse, with common pawpaw (Asimina triloba), wild olive (Osmanthus americanus), witch -hazel (Hamamelis virginiana), American holly (Ilex opaca), and farkleberry (Vaccinium arboreum) prominent. This community is bordered by Xeric Sandhill Scrub at the slope summit (where not cleared), and by marsh and swamp habitat at the slope base. A small Carolina bay in the Pender County portion of the site supports the rare Cypress Savanna community. Carolina bays are elliptical wetland basins surrounded by arcuate, usually dry sand ridges called bay rims. Cypress Savannas, especially rare on the outer Coastal Plain, occur in depressions that are shallowly flooded for much of the year, but tend to be exposed during at least the latter part of the growing season. They are characterized by an open canopy of pond- cypress (Taxodium ascendens), swamp tupelo (Nyssa biflora), and swamp red maple (Acer rubrum var. trilobum) over an herbaceous ground layer. Dominant herbs include maidencane (Panicum hemitomon), redroot (Lachnanthes caroliana), and Virginia chainfern (Woodwardia virginica). Other prominent herbs include soft - headed pipewort (Eriocaulon compressum) and witch grasses (Dichanthelium spp.). This community formerly occurred in a depression near the southern end of the site in New Hanover County, but was severely impacted by logging. Small isolated basins that intersect the water table support either the Small Depression Pocosin or Vernal Pool communities. Small Depression Pocosin occurs on saturated peats in isolated basins within the sandhill communities. It is characterized by an open canopy over a dense shrub layer. Pond pine is the canopy dominant, with fetterbush (Lyonia lucida) dominant and southern highbush blueberry (Vaccinium formosum) and staggerbush abundant. The Vernal Pool community occurs in small depressions that typically flood in winter and spring and dry out by summer. This produces ideal breeding conditions for amphibians. The seasonal pool typically is dominated by such grasses as switchcane (Panicum virgatum) and white bluestem (Andropogon capillipes). Swamp tupelo and swamp red maple are present at some pools. 421 Sand Ridge is an important wildlife area. The majority of habitat is dry sandhill with an open canopy, moderate understory, and sparse to patchy shrub and ground layers. Several small isolated depressions contain wetlands. These conditions provide home and foraging habitat for many animal species, including critical habitat for populations of the Federally and State Endangered red - cockaded woodpecker. However, extensive logging in the 1980s eliminated much habitat for this species in this area. The sandhill understory oaks provide mast for game animals, and the isolated depressions provide potential amphibian breeding sites. However, habitat has become increasingly segmented and isolated over time due primarily to industrial development, largely in New Hanover County. Such fragmentation can seriously impact several groups of animals. Z Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 45 MANAGEMENT AND PROTECTION: Natural habitat in 421 Sand Ridge has experienced a considerable reduction in recent years, especially in New Hanover County. Much habitat has been eliminated by industrial development and for county infrastructure (e.g., a 400 -acre landfill). Large areas in the New Hanover County portion of the site have been logged in recent years, with considerable surface impact. Remaining habitat has become increasingly fragmented, and variously impacted by fire suppression (throughout) and pinestraw raking (local). Portions of remnant native ground layers in powerline corridors have been replaced by large food plots. The US 17 Wilmington Bypass is scheduled to cross this site, adding to the reduction and fragmentation of remaining natural habitat. Management efforts should focus on restoring natural processes such as fire, while protection efforts should seek to preserve large areas of intact or easily restorable natural habitat. NATURAL COMMUNITIES: Cypress Savanna *, Dry -Mesic Oak — Hickory Forest, Small Depression Pocosin *, Vernal Pool, Wet Pine Flatwoods Wet Spodosol Variant, Xeric Sandhill Scrub Coastal Fringe Variant, Xeric Sandhill Scrub Coastal Plain Variant, Xeric Sandhill Scrub Sand Barren Variant *. RARE PLANTS: Sandhills milkvetch (Astragalus michauxii), Venus flytrap (Dionaea muscipula) *, Robbin's spikerush (Eleocharis robbinsii), Florida scrub frostweed (Helianthemum nashii), roughleaf loosestrife (Lysimachia asperulifolia) *, shrubby seedbox (Ludwigia suffruticosa), West Indies meadow - beauty (Rhexia cubensis), lace -lip ladies'- tresses (Spiranthes laciniata), Carolina goldenrod (Solidago pulchra) *, Pickering's dawnflower (Stylisma pickeringii var. pickeringii). RARE ANIMALS: southern hognose snake (Heterodon simus), coachwhip (Masticophis flagellum), red - cockaded woodpecker (Picoides borealis), eastern fox squirrel (Sciurus niger). *Only in Pender County at this site REFERENCES: DuMond, D.M. 1977. Rare plant survey: proposed Northeast Cape Fear River disposal sites. Wilmington District Corps of Engineers, Wilmington, N.C. LeBlond, R.J. 1999. Site survey report: 421 Sand Ridge, Takeda survey site. N.C. Natural Heritage Program, OCCA, DENR, Raleigh, NC. LeBlond, R.J. 2000. Natural Area Inventory of Pender County, North Carolina. N.C. Natural Heritage Program, OCCA, DENR, Raleigh, N.C. Leonard, S.W., and R.J. Davis. 1981. Natural area inventory of 421 Sand Ridge. In Natural Areas Inventory of Pender County, North Carolina, pp. 106 -118. Coastal Energy Impact Program (CEIP) Report No. 11, N.C. Coastal Management Program. Schafale, M., A. Weakley, H. LeGrand, and S. Hall. 1993. Natural Heritage site survey report: 421 Sand Ridge, southern portion. N.C. Natural Heritage Program, Office of Conservation and Community Affairs, DENR, Raleigh, N.C. :. Board of Commissioners - September 6, 2016 ITEM: 16- 11 - 46 -40 WithersRavenel Our People. Your Success. PHASE I ENV I RON M EN TAL SITE ASSESSM ENT S. T. Wooten /Invista Mine Expansion Property ±80.43 -Acre Site US Highway 421 Wilmington, New Hanover County, North Carolina WR Project No. 02130008.01 Prepared for: S.T. Wooten Corporation, Inc. P.O. Box 2408 Wilson, NC 27894 Prepared by: Wit hersRavenel 115 Mackenan Drive Cary, North Carolina 27511 North Carolina Firm License No. C -0832 July 14, 2016 Board of Commissioners - September 6, 2016 ITEM: 16- 12 - 1 Wit hersRavenel . Our People. Your Success. July 14, 2016 S. T . Wooten Corporation, Inc. P.O. Box 2408 Wilson, NC 27894 Attn: Brian F.Gurganus Vice President Reference: Phase I Environmental Site Assessment S. T. Wooten /I nvista M ine Expansion Property ±80.43 -Acre Site US Highway 421 Wilmington, New Hanover County, North Carolina WRProject No. 02130008.10 Mr.Gurganus: WithersRavenel (WR) has completed the authorized environmental evaluation at the above referenced property. The enclosed report presents the findings and recommendations of WR's assessment of existing and past environmental conditions at the site. If changes in conditions or different conditions from those detailed in this report are encountered, we request that we be contacted so that the change in conditions can be properly reviewed and our report amended accordingly. Sincerely wit nersRavenel Christopher Fay Project Geologist 2 Environmental Professional R. S. (Butch) Lawter, Jr., P.E. Director of Environmental Services 115 MacKenan Drive I Cary, NC27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. C -0832 Cary kGre n ro Pittsboro lei h it ir-q oarc� o eo missioner - ep e er , 20�� ITEM: 16- 12 - 2 ::WithersRavenel Our People. Your Success. 1. INTRODUCTION 1.1. PURPOSE This Phase I Environmental Site Assessment (ESA) was requested by the S.T. Wooten Corporation, Inc., herein referred to as the Client, to identify, to the extent feasible, recognized environmental conditions (RECs) in connection with the subject property. 1.2. SCOPE OF SERVICES WithersRavenel (WR) has performed a Phase I ESA for a ±80.43 -acre site located approximately one mile northwest of the intersection of Sutton Lake Road and US Highway 421 in Wilmington, New Hanover County, North Carolina r . According to New Hanover County GISrecords, the subject property is part of a 1,044.68 -acre parcel owned by I nvista S.A.R.L. See section .3.1 for information regarding past and present ownership records for the subject property. WR understands that a Phase I ESA has been authorized as part of a potential property transaction between Invista and S.T. Wooten Corporation. The land is being acquired by S.T. Wooten Corporation to mine sand that will be used in the manufacturing of asphalt and concrete, and as beneficial fill for construction projects.. The Phase I ESA performed by WithersRavenel included a site inspection, historical research, municipal research, and a database search for the above - referenced site. The Phase I ESA was completed in general accordance with the guidelines set forth in landardsand Practicesfor All Appropriate Inquiries (Title 40 of the Code of Federal Register (CFR), Part 312); Ranrlard Prartir•p fnr Pnx4rnnmPntal qta Agc-ccmentc• Phaca I Environmental Site Assessment Proce�- (American Society for Testing and Materials (ASTM) Standard E -1527- 13); and WithersRavenel& Standard Contract Conditions for Engineering Services. Distances for vapor encroachment screening of the site were generally followed in accordance with the guidelines set forth in ASTM E2600 -10 ;Standard Guide for Vapor Encroachment Screening on Property involved in Real Estate Transact ionslaor the Buonicore Methodology /See r-flon 81. WithersRavenel has used these guidelines to serve as a baseline for customary standards of environmental site assessments and to create a, standardized environmental assessment report. Non -Scope Considerations This report represents WithersRavenel& efforts to document the recognized environmental conditions on the site and surrounding area that may adversely impact the subject site. However, the ASTM E 1527 -13 establish standard practice also identifies environmental issues or conditions at a property that the Client may wish to assess in connection with the subject property that are outside the scope of this practice (non - scope considerations). The standard practice states that some substances may be present on a property in quantities and under conditions that may lead to contamination of the property or nearby properties but are not included in CERCLAds definition of hazardous substances or do not present potential CERCLA liability. Assessment of such non -scope considerations is not required for appropriate inquiry as defined by this practice. Therefore,the Phase I investigation does not include inspection for items excluded by the ASTM E 1527 -13 standards such as asbestos - containing materials, biological agents, cultural and historic resources, ecological resources, endangered species, health and safety, indoor air quality unrelated to releases of hazardous substances or petroleum products into the environment, industrial hygiene, lead -based paint, copper or lead in drinking water, mold, radon, regulatory compliance, wetlands, and high - voltage power lines. No implication is intended as to the relative importance of inquiry into such non -scope considerations, and this list is not intended to be all- inclusive. All conclusions made in this report are based upon the assessment performed by WithersRavenel and are subject to the service constraints presented below. 1.3. LIMITATIONSAND EXCEPTIONS This report presents the findings of WithersRavenel's assessment of existing and past environmental conditions at the site. Appropriate inquiry of information was utilized for this Phase I Site Assessment and included: ±80.43 -acre S. T. Wooten / Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental StiteAssessn&Zd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 3 ::WithersRavenel Our People. Your Success. A site reconnaissance, A historical source review that included aerial photographs, city directory search, recorded land title records, and available fire insurance maps, A Federal and State records review through EDR, Inc. (Please see the disclaimer on page 1 and Section 4.1, of this report, for limitations of the EDR Report), and Interview with an owner representative and individuals familiar with the subject site. Appropriate inquiry does not mean an exhaustive assessment of the property. At the time of WRs site reconnaissance all areas of the subject property were accessible. This environmental site assessment cannot entirely eliminate uncertainty regarding the potential for RECs in connection with the property. Performance of a Phase I ESA in accordance with ASTM E 1527 -13 is intended to reduce, but not eliminate, uncertainty regarding the potential for RECs in connection with a property based on information obtained within reasonable limits of time and cost. There is always the possibility /risk that sources or potential sources of environmental impacts have not been identified due to discrepancies such as, but not limited to, the inaccuracies of the available records, environmental incidents /RECs not being disclosed, or the limitations of the survey /assessment. If conditions at the site change or additional information becomes available which would materially affect the nature of the report, we request that we be contacted so that any change in conditions can be properly reviewed and our report amended accordingly. This Phase I ESA does not, by itself, qualify the purchaser for CERCIA liability protection. The purchaser of the site may have continuing obligations after the purchase. 1.4. SPECIALTERMSAND CONDITIONS Site information and materials were obtained by WRthrough review of public files. The resulting report is provided for sole use by S. T. Wooten Corporation on the project for which it was prepared. Use of this report by any third parties is at the sole risk of S. T. Wooten Corporation, and WRdisclaims any such third party use of the report. 77ndings; If the report is stamped PRAFTaor is identified as preliminary, the following constraints apply: The Draft Report was prepared by WithersRavenel at the specific request of a client. The information and findings provided in the Draft Report are not WithersRavenelds final conclusions and recommendations, but merely basic information requested by the client upon which the client may draw its own conclusions. Client agrees that WithersRavenel shall not be liable for any claims, loss, damage, or expenses incurred by the Client or others arising out of the use of, or reliance on, any information contained with the Draft Report. Rpnort Dfar"O' The purpose of this report is as described in the Introduction of this report. The scope and level of services provided were determined based on the stated purpose. If the purpose for which the report is to be used, or the proposed use of the site changes, this report is no longer valid and use of this report by the Client or others without WithersRavenelds review and written authorization shall be at the userds sole risk. If review of this report is required by WithersRavenel after its date of submission, WithersRavenel shall be entitled to additional compensation at WithersRavenelct existing rates or such terms as agreed to between WithersRavenel and the Client. Scope of Service, Observations and conclusions provided in this report are based solely on the Scope of Services between the Client and WithersRavenel and summarized in the Introduction of this report. No additional observations, investigations, studies, or testing not specifically stated in the Scope of Services have been performed by WithersRavenel. WithersRavenel shall not be liable for the existence of any condit ion, the discovery of which required the performance of services not authorized under the agreement. Unless specified in the Introduction of this report, WithersRavenel did not evaluate the presence of asbestos - containing materials, biological agents, cultural and historic resources, ecological resources, endangered species, health and safety, indoor air quality unrelated to releases of hazardous substances or petroleum products into the environment, industrial hygiene, lead -based paint, copper or lead in drinking water, mold, radon, regulatory compliance, wetlands, and high - voltage power lines. ±80.43 -acre S. i. vvooten/ Invistaiviinel_xpansionNroperty WRNo.02130008.10 Phase I Environmental Ste AssessnNZd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 4 ::WithersRavenel Our People. Your Success. Technology, economic conditions, site variations, or regulatory provisions may changeover time and render the report inaccurate. If review of this report is required by WithersRavenel after three months from its date of submission, WithersRavenel shall be entitled to additional compensation at Wit hersRaveneld existing ratesor such termsas agreed to between WithersRavenel and the Client. Conclusions: The conclusions stated in this report are based upon observations of existing physical and /or economic conditions; WithersRaveneld interpretation of site history and site usage information; information provided by the Client; and information and /or analyses provided by independent testing and information services or laboratories upon which WithersRavenel is entitled to reasonably rely. WithersRavenel is not authorized and did not attempt to independently verify the accuracy or completeness of information or materials received from third parties during the performance of the Scope of Services associated with this report. WithersRavenel shall not be liable for any conditions, information, or conclusion, the discovery of which required information not available or independent investigation of information provided to WithersRavenel, unless otherwise indicated. Any site drawing(s) provided within this report is not meant to be an accurate base plan, but is used to present the general, relative locations of featureson, and surrounding, the site. 1.5. RELIANCE This report has been prepared exclusively for the Client. Except for S. T. Wooten Corporation, no other party is entitled to rely on the conclusions, observations, specifications, or data contained therein without the express written consent of WR. This report has been prepared pursuant an agreement between the Client and WR. All uses of and reliance upon this report are subject to, and deemed acceptance of, the conditionsand restrictions contained herein. ±80.43 -acre S. T. Wooten/ Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Site AssessnNZd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 5 ::Wit hersRavenel Our People. Your Success. 2. SITE DESCRIPTION 2.1. METHODOLOGYAND LIMITING CONDITIONS On June 27, 2016, WR performed a reconnaissance of the subject property that involved traversing the site and observing adjacent properties. Photographs taken document features and materials observed during site reconnaissance activities, where possible. A photographic essay has been included in the , ppeficilix. See "section 1.? for a discussion of limitations encountered during the completion of the Phase I ESA site reconnaissance. The site reconnaissance was performed to the extent possible within the means of time, cost, and safety. 2.2. SITE OPERATIONS, PROCESSES, AND EQUIPMENT The subject property is a small portion, approximately 80.43 acres, of a lager 1,044 acre property which is home to the Invista chemical manufacturing facility (aka Hercofina, Cape Industries, Hoechst Celanese Polyester Int., KoSa Facility, Wilbara). The 1,044 acre property is divided into sections which include the plant process area, spray fields, tank farm, sludge lagoon, 001 outfall area, north property, east property, potable well field, west production field, south production field, and inactive landfill. The plant process area was built on the northeast portion of the property in the late 19606 and has an extensive history of point source contamination to soil and groundwater. The subject property is part of the west production field which is used for harvesting groundwater for the production plant and is located in the northwest portion of the property, approximately 1,100 feet from the plant process area. Utilities Oil & HazardousMater Storage and Use ±80.43 -acre S. T. Wooten / Invista Mine Expansion Property WR No. 02130008.10 Phase I Environmental Ste Assessrr&Zd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 6 Observed Site Features Residential Agricultural Industrial X Manufacturing Commercial Dry Cleaning Fueling Systems Automotive Repair Paint Booths Elevators Waste Water Treatment Heating & Cooling Systems Municipal Water Municipal Sewer Private Water Supply Wells X Private Septic Systems Municipal Trash Services Sumps, Cisterns, Catch Basins Floor Drains Pad or pole- mounted transformers X Other PCB Equipment Underground Storage Tanks (USTs) ials Aboveground Storage Tanks (ASTs) Drums, barrels, and /or containers >_ 5- gallons ±80.43 -acre S. T. Wooten / Invista Mine Expansion Property WR No. 02130008.10 Phase I Environmental Ste Assessrr&Zd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 6 Category Releasesor Potential Release S1te Features Utilities ::Wit hersRavenel Our People. Your Success. Site Features Oil /Water Separators Underground Hydraulic Lifts Observed Emergency Generators Stressed Vegetation Stained Soils Trash, Debris, and /or other waste materials s Dumping or Disposal Area Construction debris,fill dirt X Petroleum or Chemical Odors Groundwater Monitoring Wells X Pits, Ponds, or Lagoons Stormwater Retention Ponds (BM Ps) Local utility companies provide electrical services to the subject property. There are no permanent structures located on the subject property. Six production wells were observed throughout the subject property; four abandoned and two operating all of which are part of the west production field (see Figure 2 . During historical research of the subject property, it was revealed that the underlying aquifer appears to exhibit above normal chloride levels. This is documented in a lawsuit filed in the 1980& between Invista and the Duke Energy L.V. Sutton Electric Plant (the western adjacent property) regarding the source of the high chloride levels. During a Phase I ESA completed on the property that was part of the west production field in 2013 by WR, Invista personnel revealed the water that is harvested from the west production and potable fields continue to exhibit high chloride levels. WRconsidersthe potential for high chloride levels in the production wellsto bea RECtothesubject property and samplingof theunderlying aquifer should beconducted. Mr. Randolph indicated that schematics for the product wells indicate the underground pipe used to transfer water from the well field to the plant is designated as 921 CA, Transite pipe. The Transite Pipe is a cement /asbestos composite. WRconsiders t he presence of asbestos on the subject property to bean REC Approximately 15 pole- mounted transformers were observed throughout the subject property. None of the observed transformers were marked with a blue sticker indicating their contents were free of PCB containing oils. Additionally, the site manager for Invista, Mr. Jeff Randolph, revealed that all of the transformers on the subject property were installed prior to 1979, thus, are suspected to contain PCB oil. However, all the transformers observed were in good condition with no indication of leakage such as stressed vegetation or staining observed on the transformers or ground surface in the vicinity of the transformers. WR considers the presence of PCBcontaining material on thesubject propertyto bean REC. Trash and debriswas noted in the northwest and the southeast corner of the subject property. The debris in the northwest corner of the subject property consisted of ply wood and roof shingles. The debris appeared to have been placed onsite by trespassers and did not appear to have been buried. In the southeast corner of the property, discarded utility poles were lying in a pile. All items observed were inert and do not appear to pose an environmental threat to the subject site. Site Features Several groundwater wells were also observed on the subject property. The onsite groundwater wells are part of a groundwater monitoring system related to the groundwater contaminant plume emanating from the plant production area. Several groundwater assessments performed at the Invista Plant indicated a ±8U.43 -acre S. 1. vvooten /Invista Iviine I_xpansion Nroperty VVK NO. 021 60uu8.1 u Phase I Environmental Ste AssessnNZd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 7 ::Wit hersRavenel Our People. Your Success. release of three compounds of concern, which include 1,4 dioxane, p- xylene and para - cymene (4- isopropyltoulene). Mr. Randolph, revealed that historic analytical results have reported the presence of 1,4 dioxane in several of the groundwater monitoring wells on the subject property. WRconsiders the potential for the presence of 1,4 dioxane in the groundwater monitoring wells to be a REC to the subject property and sampl ing of the underlying aquifer should be conducted. During the site reconnaissance, WRobserved three deep groundwater monitoring wells associated with the waste injection well network. As part of the initial waste management plan, the facility installed and attempted to dispose of treated wastewater in an injection well system. Initially, the system was made up of six wells, one injection well and five observation wells. The injection well was installed to a total depth of 1,000 feet BGS (the Cape Fear Aquifer). Four of the observation wells were installed within the injection zone while one was installed to a depth of 700 feet BGS(the Blackcreek Aquifer). Over a four year period, the injection well developed leaks approximately 700 feet BGS due to operating the system beyond its pressure capacity. Therefore, a replacement injection well and observation wells were installed. However, the injection plan proved to be unsuccessful. Therefore, the use of the injection wells was discontinued in 1972. Since the injection activities ceased, several assessments have been performed. During the most recent sampling event in 2010, groundwater samples were collected from the 700 and 1000 foot aquifers. Historical laboratory results showed a significant improvement in water quality; however, waste material continues to persist in both the 700 foot and 1000 foot aquifers. Based on the future use of the property, WR does not consider the observations wells that are part of the waste injection well network to be an REC. However, the wells will need to be properly abandoned. 2.3. DESCRIPTION OF STRUCTURES At the time of WRds site visit, no structures were observed on the subject property. 2.4. CURRENT USES OF ADJOINING PROPERTIES The subject property is located in an industrial setting. The property abuts the Duke Energy L.V. Sutton Electric Plant Property to the west. The coal ash impoundment ponds are located on the Duke Energy L.V. Sutton Electric Plant property approximately 1500 feet southwest of the subject property. Immediately to the south is the S. T. Wooten Facility. A concrete manufacturing plant is on the northern adjacent property. The eastern adjacent properties are undeveloped woodland that is used as water production fields for Invista. The Duke Energy L.V. Sutton Electric Plant is located approximately 4,000 feet to the southwest of the subject property. Since 1954, the plant has produced electricity for the surrounding area by using bituminous coal for fuel. As a result, the ash from coal burning is stored in an ash impoundment that is located on the northern extremes of the property. As part of the North Carolina Coal Ash Management Act (CAMA), Syn Terra completed a Comprehensive Site Assessment (CS4,) Report in August 2015 related to the Sutton Lake Coal Ash Impoundment. The report explains that the ash management consisted of three areas, the FADA, the 1971 basin, and the 1984 basin. The assessment activities in these areas involved the sampling of groundwater monitoring wells installed in the coal ash, hydraulically down - gradient and hydraulically up- gradient from the impoundments. Data was compared from up- gradient or background to wells installed in the coal ash and hydraulically down - gradient wells to discern between naturally occurring or background levels of contaminants and contaminants leaching from the coal ash. Analytical results for groundwater samples collected from the groundwater monitoring well network identified the following contaminants of concern: • Arsenic • Barium ±80.43 -acre S. 1. Wooten /InvistaMine Expansion Property WRNo.02130008.10 Phase I Environmental Stite Assessn&Zd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 8 ::Wit hersRavenel Our People. Your Success. • Boron • Cobalt • Iron • Manganese • Selenium • Thallium • Vanadium, and • Total dissolved Solids (TDS) However, in comparison to the background, coal ash, and down - gradient groundwater monitoring wells, Syn Terra concluded that not all of the identified constituents could be attributed to the presence of the coal ash. Based on the presence of iron, manganese, and vanadium in background wells, it can reasonably assumed that the presence of these contaminants in the aquifer system could not be solely attributed to the coal ash impoundments. Moreover, contaminants cobalt and thallium were not reported in water samples collected from the coal ash wells and therefore, could be attributed to natural sources. Based on the data collected during the CSA, Syn Terra observed that boron was present in the coal ash; however, was not present in the shallow background wells and is present in decreasing concentrations in wells down - gradient from the ponds. Therefore, the presence of boron is a good indicator of the migratory pattern of the contaminant plume emanating from the coal ash impoundment. Based on the presence of boron in the groundwater monitoring well network, it would appear that the contaminant plume has migrated offsite to the east, on to the S. T. Wooten property. Groundwater investigations reveal a groundwater flow in the vicinity of the ash pondsto be radial with flow directions towards the northeast, east and southeast. It should be noted that a remedial strategy has been proposed for the coal ash impoundments. Firstly, Syn Terra has recommended that the coal ash be excavated and removed from the impoundments. Secondly, Syn Terra recommended the installation and operation of 12 extraction wells along the eastern property boundary shared with S. T. Wooten. WRconsidersthe presenceof theobserved groundwater monitoring wells and documented concentrations of boron in groundwater on and off the subject property as a REC and sampling of the underlying aquifer should be conducted. A CSX railroad and rail car transfer area is located along the eastern property boundary of the subject property. During the 2013 Phase I ESA competed on the southern adjacent property by WR, Invista personnel indicated a rail car derailment incident occurred, however, none of the rail card contents were released. Mr. Randolph, the current site manager at Invista, indicated that he was not aware of any incidents involving releases from rail cars in the railroad car transfer area. In addition, Mr. Pidgen of the N HC Fire stated he has no recollection of any reported environmental incidents (leaks, spills or dumping of petroleum liquids or hazardous substances) on the railroad property. However, he is aware small brush fires that have occurred in the railroad car transfer area due to sparks from the rail cars. However, all of the fire were on the railroad property and quickly extinguished. WRconsidersthe potential for release from the rail cars an REC and sampling of the underlying aquifer should be conducted. ±80.43 -acre S. T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Ste Assessn?FZd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 9 ::Wit hersRavenel Our People. Your Success. 3. USER - PROVIDED INFORMATION The following table summarizes information provided to WR by the Client during completion of this report. Title Records X Environmental Liens I X I I X Historical Reports I I X Client /Owner Questionnaire I X Purchase Price & Fair Market Value X Questionnaire Site Plans X Environmental Liens And Activity And Use Limitations At the time of this report, the client(I attorney did not complete a search for environmental liens. However, WR observed no liens on file in the brief review of available deeds at the New Hanover County offices. Furthermore, no on site environmental incidents were identified during the records review. As such, WR does not expect that environmental liens or activity and use limitation controls will be present for this site. See iections6 and 7 for more information and WRd; conclusion on this data gap The results of a formal lien search should be added to this report when available to formally satisfy the AAI requirements. This information should be completed along with title work for the property as typically coordinated by your real estate attorney. If any environmental liens and AULs against the property are discovered, this information should be provided to WR prior to any transfer of this property so that we may make a proper review and issue an amended letter accordingly. If no environmental liens or AULs are discovered, the letter titled yTitle and Judicial Records Review for Environmental Liens and Activity and Use Limitationsaprovided by WR should be filled out completely and placed inside the cover to accompany this report as an attachment. Due to the current condition of the Invista property, land restrictions have been implemented on property that is sold in the west production field. Firstly, the property cannot be used for residential purposes. Additionally, no more than 35,000 gallons of groundwater per day can be removed from the property unless the removal of the groundwater is in connection to sand mining and is returned to the mine pit upon completion. Additionally, sulfur dioxide emissions will not exceed 27.2 tons per year. Historical vuports No Historical reports on the subject property were provided to WRby I nvista, t he current property owner. ±80.43 -acre S.T. Wooten / Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Ste Assessrr&Zd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 10 ::Wit hersRavenel Our People. Your Success. 4. RECORDS REVIEW & HISTORICAL USE INFORMATION 4.1. LOCAL STATE AND FEDERAL ENVIRONMENTAL REGULATORY AUTHORITIES AND DATABASES Through Environmental Data Resources, Inc. (EDR), an environmental database search firm, WR reviewed files and databases of the North Carolina Department of Environment and Natural Resources (NCDENR) and the United States Environmental Protection Agency (EPA) to determine if either agency has been involved in any regulatory activities at or in the vicinity of the site. Facilities that treat, store, generate, transport, or dispose of hazardous substances or petroleum products and any incidents of leaks, spills and dumping of hazardous substances or petroleum products may be found in one or more government listings. A portion of the EDR report contains a section titled "Orphan Summary" whereby sites with registered USTs, leaking USTs, landfills, environmental violations, etc. that have not been properly mapped by EDRare listed. During completion of the Phase I ESA, WR observed the subject property and immediately adjacent properties. The subject property and surrounding properties did not match any of the sites listed on the Orphan Summary. WR did not, however, verify the actual location of each site appearing on the Orphan Summary or find siteswith improper or vague information provided in the Orphan Summary asthiswas not considered reasonably ascertainable. In addition, WR cannot verify sites improperly mapped by the individual government agency outside of the established search radius or beyond the adjacent properties of the site as this is not considered reasonably ascertainable in the context of time and budget required to complete the Phase I ESA. Additional sites listed in the EDR Report and not discussed in the paragraphs below were deemed to be either located beyond the search distances set forth in the ASTM E- 1527 -13 standard practice for Phase I ESAs or to be listed under databases or for issues that do not represent a threat to the environmental quality of the subject property under ASTM E- 1527 -13 standard practice. The sites can be viewed in the EDRreport provided in the Appendix. Detailsof the reported are noted below. It should be noted that though distances for the identified regulatory sites are provided by EDR, these distances are estimates based on the approximated locations of the identified sites by EDRd; mapping software. When necessary and feasible, WR uses site reconnaissance information and online GIS mapping data typically obtained from local GIS departments to obtain precise locations of the identified regulatory sites and subsequently, identify more accurate distances of those sites from the subject property. DATABASE* NPL (M I LES) 1.0 IDENTIFIED 0 PROPERTY No No • N/A CERCLIS 0.5 0 N/A SEMS- ARCHIVE 0.5 2 No Yes H SDS 1.0 1 No Yes SHWS 1.0 1 No Yes SWF /LF 0.5 0 No N/A BROWNFIELDS 0.5 0 No N/A USENGCONTROLS 0.5 0 No N/A USINSTCONTROL 0.5 0 No N/A INSTCONTROL 0.5 0 No N/A RCRA -LQG 0.25 2 No No RCRA -SQG 0.25 2 No No RCRA -TSDF 0.5 0 No N/A RCRA -CESQG 0.25 0 No N/A RCRA- NonGen /NLR 0.25 0 No N/A ±80.43 -acre S. T. Wooten/ Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Ste Assessn?FZd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 11 ::Wit hersRavenel Our People. Your Success. DATABASE* DOD RADIUS (M I LES) 1.0 #OFFACIUTIES IDENTIFIED 0 TARGET PROPERTY No REC(s) • N/A FINDS 0.25 0 No No IMD 0.5 5 No Yes HM IRS 0.25 0 No N/A ERNS 0.25 0 No N/A LUST 0.5 2 No No LUSTTrust 0.5 0 No N/A RGA LUST 0.125 0 No N/A UST ** 0.25 0 No No AST 0.25 1 No No LAST 0.5 2 No No SWF /LF 0.5 0 No N/A OLI 0.5 0 No N/A HISTLF 0.5 0 No N/A SWRCY 0.5 0 No N/A USM INES 0.25 0 No N/A NPDES 0.25 0 Yes No UIC 0.25 0 No N/A SPILLS 0.125 0 No N/A Tx. Ind Haz Waste 0.250 1 No No PA Manifest 0.250 1 No No NJManifest 0.250 1 No No USHist Auto 0.25 0 No N/A USHist Cleaners 0.25 0 No N/A ECHO 0.125 0 No N/A * - For a complete list of databases searched and the definitions of these databases, seepages GR 1 through GR 25 of the EDR Report in the Appendix. N /A- Not Applicable; No sites listed in the EDR Report for that particular database. ** - It should be noted that registration with the NCDENR of commercial USTs was not required prior to 1988. Additionally, registration for non - commercial USTs (e.g. residential) less than 1,100 gallons in capacity is not required with the NCDENR Therefore, if a UST system was used to store fuel for any heating system on the property, or to support agricultural or other operations there would be no written public record of itsuse. 4.1.1. DATABASE FINDINGS Target Property Invista The I nvista Chemical plant is located on approximately 1,044 acres of property, which is currently owned by Invista S.A.R.L.. The property is divided into several sections which include the plant process area, spray fields, tank farm, sludge lagoon, 001 outfall area, north property, east property, potable well field, west production field, south production field, and inactive landfill. The plant process area, which occupies 160 of the 1,044 acres, was built in the late 1960& and since that time has manufactured dimethyl terephthalate (DMT) and purified terephthalic acid. In the 1990&, the plant expanded with the addition of Forton Industries facility, built in the northeast quadrant of the plant process area, which produced technical polymer and polyphenylene sulfide. ±80.43 -acre S. T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Site AssessnNZd of Commissi�r� ers - September 6, 2016 May 2016 ITEM. `f6-12-12 ::Wit hersRavenel Our People. Your Success. Since the early 1990&, several investigations have been performed at the site. As a result of the investigations, several sources of contamination have been identified and were attributed to the manufacturing process and waste management. In addition, data collected from the site assessments have concluded the chemicals of concern are 1,4 dioxane, para - xylene, and para - cymene (4- isopropyltoulene). The information below is summarized from a file review completed by WithersRavenel. The pertinent documents regarding the environmental investigation at the site can be found in the Appendix. Contamination from the Manufacturing Process Assessment activities at the facility concluded that the storage and movement of raw material throughout the plant process area resulted in several inadvertent releases or spills of contaminants into the soil and groundwater. Throughout the plantcb history, there have been several documented releases. Table 2 -4 and 2 -5 in the Comprehensive Site Assessment (CSA) dated December 2002, which is found in the Appendix, summarizes each spill. Spills included DMT slurry, oxidate, xylene, and transfer fluids from the production area, heat transfer fluids and fuel oil in the utilities area, and diethylene glycol and fuel oil in the TerateG resin area. Contamination from Waste Management The former onsite industrial landfill operated from 1969 to 1977, on approximately 2 acres, located approximately 1,800 feet south of the process area. The landfill consisted of two distinct cells and each cell was reported to be, generally, 400 feet long and 100 feet wide, ranging from three to five feet thick, and in some instances reaching eight feet thick. It was noted that some of the material was placed at depths that put the waste in contact with the groundwater table. During assessment activities conducted in 1994, the material in the landfill was identified as non - hazardous. Through a groundwater monitoring well network, the following contaminants were determined to be leaching from the landfill, benzene, 1,2 dichloroethane, vinyl chloride, xylene, 4- methylphenol, 2- nitroaniline, p- toluic acid, cobalt, iron, and manganese. As part of the initial waste management plan,the facility installed and attempted to dispose of treated waste water in an injection well system. Initially, the system was made up of six wells, one injection well and five observation wells. The injection well was installed to a total depth of 1,000 feet BGS (the Cape Fear Aquifer). Four of the observation wells were installed within the injection zone while one was installed to a depth of 700 feet BGS(the Blackcreek Aquifer). Over a four year period, the injection well developed leaks approximately 700 feet BGS due to operating the system beyond its pressure capacity. Therefore, a replacement injection and observation wells were installed. However, the injection plan proved to be unsuccessful. Therefore, the use of the injection wells was discontinued in 1972. Since the injection activities ceased, several assessments have been performed. During the most recent sampling event in 2010, groundwater samples were collected from the 700 and 1000 foot aquifers. Historical laboratory results showed a significant improvement in water quality; however, waste material continues to persist in both the 700 foot and 1000 foot aquifers. To replace the failed injection well system, a biological wastewater treatment plant was built onsite in 1972, to handle the wastewater stream. The wastewater from the process area was carried to the treatment plant via aboveground and underground pipes. From 1972 till 1980 all of the treated wastewater was discharged into the Cape Fear River. In 1982, some of the treated wastewater was sprayed on 60 acres of property located adjacently east of the plant process area. Upgrades to the wastewater treatment plant, which was completed in 2002, allowed the facility to discharge all of its process water in the Cape Fear River. Therefore, in 2002, the spraying of treated wastewater ceased. As reported in the 2002 CSA, it was presumed that low levels of 1,4 dioxane and metals were present in the effluent of the treatment process which in turn was sprayed on the field. Therefore, residual contaminants in the treated wastewater that was sprayed on the fields was considered a source of contamination. ±80.43 -acre S.T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Stite Assessn&Zd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 13 ::Wit hersRavenel Our People. Your Success. Conclusions Since 1990, several site assessments at the Invista Facility have indicated the groundwater was contaminated through spills within the production area, and waste management, by three constituents of concern which were 1,4 dioxane, para - cymene (4- isopropyltoulene), and para - xylene. In the most current groundwater sampling report, dated May 13, 2011, submitted by AECOM, it was concluded from historical data, the 1,4 dioxane, para - cymene, and xylene plumes were stable or contracting. Groundwater elevation data collected during the events indicated an overall groundwater flow in a southeast direction (away from the subject property). surrounding Properties Praxair Praxair, Inc. addressed as4832 USHighway 421 N is located on the northeastern adjacent property. The EDRreport indicated that the site is listed in the NC LAST and NC IM D databases. According to the EDR report two incidents are associated with a hydraulic oil release in 1994 and 1997. WRreviewed available regulatory files from NCDEQ. Based on the historical reports obtained, in 1994, Praxair reported to DENR a200 to 300 gallon lubricant oil leak on the property. NCDENR personnel conducted a site visit and subsequently issued a yNotice of Violation a(NOV)to Praxair. Following the NOV, Praxair immediately took steps to stop the oil leak. In November 1994, Praxair contracted with Specialize Marine to excavate and transport impact soils to Cherokee Environmental. According to documents in the file, in atelephone conversation, NCDENRexpressed their satisfaction of the remedial activities conducted in regardsto the incident. Based on the historical reports obtained, in 1997, Praxair reported to DENRa 100 gallon lubricant oil leak on the property. Praxair took immediate action and contracted with Specialize Marine to excavate and treated 48.98 tons of soil onsite. The soil was staged onsite pending analytical results for confirmation samples taken posttreatment. Analytical results for the confirmation samples report TPH at concentrations below the NC DEN RAction Level. The soil was used to backfill the excavation cavity. In 2014, the NCDENR ranked the site as low. In addition, in a Inspection Report performed by NCDENR personnel, it was noted there was no indication of soil contamination at the facility. Based on available information the release appears to have been a localized area of impacted soil with no evidence that groundwater has been impacted. Therefore, WRdoes not consider the adjacent Praxair site to represent a REC in relation to the subject site Additional Listings Several additional sites were identified in the EDR report. The identified sites were determined to be greater than 500 feet away from the subject property, topographically down gradient from the subject site, or apparent flow was away from the subject property. Therefore based on the distance and topographic situation of these sites from the subject site, WRdoes not consider the additional identified sitesto be RECs relative to the subject property. 4.2. PHYSICAL SETTI N G AN D ANALYSIS WR examined the U.S. Geological Survey 7.5- minute series topographic map of the Castle Hayne, North Carolina Quadrangle ��jwre . The subject property is approximately 25 feet above mean sea level (AM&) and is located in between the Northeast Cape Fear River located east and the Cape Fear River and Sutton Lake located west of the subject property. Due to the flat profile of the site and the porous property of the soil matrix, rainfall would be expected to form puddles and percolate into the subsurface, or evaporate. ±6U.43 -acre S. T. Wooten / Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Ste AssessnNZd of Commissiq�r ers - September 6, 2016 May 2016 ITEM.. �(6- 12 - 14 ::Wit hersRavenel Our People. Your Saccess. The boring log for the Hercules Plant (aka Invista property) Injection Well, which was obtained from the NCDENR- Division of Water Resources (boring log included in the Appendix), showed the area is underlain by the surficial, Blackcreek, and the Upper and Lower Cape Fear Aquifers. It also states that the Pee Dee aquifer most likely exists between the Surfical and Blackcreek Aquifer, however, due to insufficient data, the Pee Dee Aquifer could not be included in the log. Results from groundwater investigation on the Duke Energy L.V. Sutton Electric Plant and the Invsita property showed an overall groundwater flow within the surficial aquifer to be in a southeast direction. The groundwater flow direction is most likely due to a hydraulic influence from Lake Sutton. The subject property is part of a bigger parcel owned by Wilbara LLC (aka Invista) and is situated in the southwest corner of the property, within the west production area. In a CSA submitted in 2002, the area known as the west production well field, it was reported the aquitard between the surficial aquifer and the Pee Dee Formation is approximately 50 feet to 80 feet BGS. The subject property contains the production well G, which was reported to produce water at a rate of 88 gallons per minute. 4.3. HISTORICAL USE INFORMATION ON THE PROPERTY 4.3.1. OWNERSHIP REVIEW Information on the ownership history of the site was obtained by WRthrough an online review of the New Hanover County deed records, which are maintained at the New Hanover County Register of Deeds Office in Wilmington, North Carolina. The ownership history of the property was reviewed for indications of past owners who may have used, stored, or disposed of hazardous substances or petroleum products on the site. The information was assembled for informational and historical purposes only for use in this report and should not be construed as a legal chain -of -title for the site. JEM11-r-IrMb- Book Page Date Grantor Grantee 5447 1139 10/30/2009 Invista V\f l bars 5374 2810 2/3/2009 Invista VUlbara 5374 2818 2/3/2009 2/2/2009 5/13/2004 Invista VUlbara VUlbara Invista 5374 2802 Invista 4319 517 Arteva Specialties2 2485 978 12/15/1998 HNAHolding, Inc' ArtevaSpecialties2 1840 894 12/22/1994 Cape Industries4 Hoechst Celanese Polyester, Int. 1699 1272 9/13/1993 5/1/1985 10/1/1976 Cape Industries4 Hercofina3 Hercules, Inc. Fbyal, AD et alt Qty of VUlmington Cape Industries Hercofina3 Hercules, Inc. Hercules, Inc. Hercules, Inc. Hercules, Inc. 1293 399 1075 697 802* 324 12/15/1966 802* 476 12/15/1966 Peixotto, Boise and husband Bliot 805 223 12/15/1966 Simpson, Mildred and husband Powell, Mildred 805 307 12/15/1966 606* 221 9/26/1957 Fbyal C.S., et alt. Fbyal, AD. et alt ±80.43 -acre S. T. Wooten /Invista M ine Expansion Property WRNo. 02130008.10 Phase I Environmental Site Assessrr Zd of CommissigQers - September 6, 2016 May 2016 ITEM: 16- 12 - 15 ::Wit hersRavenel Our People. Your Success. 268 245 12/10/1936 Fbyal, GS, et alt North East Land and Timber Co. 268 242 9/12/1927 Fbyal, C.S., et alt. North East Land and Timber Co. Successor in interest by name change to Hoechst Celanese Corporation, which is successor in interest by merger to American Hoechst Corporation, which is a successor in interest by merger to Hoechst Fibers Incorporated, which is a successor in interest by name change to Hystron Fibers, Incorporated. Hoechst Celanese Polyester Intermediates changed name from Cape Industries on 12/22/1994 (Deed Book 1840, Page 894). 2 Now known as Invista Corporation. s Ajoint venture consisting of Hercules Incorporated and American Petrofina, Inc. 4 Ajoint venture consisting of NCTCorporation and American Petrofina, Inc. References a 5,000 -acre parcel from which the subject site was subdivided. Review of the deed records for the subject property revealed that prior to 1936 most of the property in the area was owned by North East Land and Timber Company. From 1936, it up until 1966 individuals owned the land in the area which was then bought by Hercules, Inc.. After acquiring the land, Hercules built the chemical manufacturing plant. Since the 1960ds, several companies have owned and operated the plant which included Hercofina (1976), Cape Industries (1985), Hoechst Celanese Polyester Int. (1994), Invista (1998), and Wilbara (2009). WR is aware, through interviews with Invista personnel, the manufacturing structure was built in 1966 on the northeastern portion of the property. The subject property, which is located in the southwestern portion of the property, has never been developed. Copies of the deeds obtained by WRfrom the New Hanover County Register of Deedswebsite are provided in the Appendix . 4.3.2. AERIAL PHOTOGRAPH REVIEW WR reviewed aerial photographs covering the subject property from 1949 through 2012. See 'ection 8.2 for source references for the individual aerial photographs reviewed. Copies of the reviewed aerial photographs are provided in the r✓ .f . VVR has included the approximate subject property boundary on each of the aerial photograph copies provided in the Appendix. Please note that these lines, especially on the older aerial photographs, are approximations, and do not represent an exact depiction of specific onsite and offsite features. Aerial Year Onsite Offsit The surrounding area consists of 1949 The subject property consists entirely of undeveloped woodlands. undeveloped woodlands. The CSX Railroad is visible. Most of the surrounding area is undeveloped 1966 The subject property is undeveloped woodlands. woodlands. Highway 421 and the railroad line are visible. The subject property remains largely s The Invista Manufacturing Plant isvisible, wooded and undeveloped. There are what located northeast of the subject property. 1981 appear to be unimproved roads cut on the perimeter of the western portion of the ' Lake Sutton is visible on the western edge of subject property. the aerial photograph. 1998- The subject property remains entirely The small surface water bodies located 2012 wooded and undeveloped. immediately west of the subject property are part of Lake Sutton. Aerial Review Summary: ±80.43 -acre S.T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Ste AssessnNZd of Commissiqqers - September 6, 2016 May 2016 ITEM.. 6- 12 - 16 ::Wit hersRavenel Our People. Your Success. Review of the aerial photographs revealed that from at least 1949 until to 2010 the subject property remained largely wooded and undeveloped with the exception of what appears to be unimproved roads, cut on the perimeter of the property. The surrounding properties consists primarily undeveloped woodlands from at least 1949 until 1981. The Invista Manufacturing Plant is first visible in the 1981 aerial photograph. No apparent evidence of borrow pits or landfill operations were evident on the subject property on the aerial photographs reviewed by WR. It should be noted in the 1998 aerial photograph, small surface water bodies are visible immediately adjacent to the western property boundary of the subject property. While these may be the remnants of borrow pits operated by adjacent land owners, the origin of the small water bodies is unknown. 4.3.3. SANBORN FIRE INSURANCE MAPS Sanborn maps originated in the late 1800s and published around 1960. The maps were used by insurance underwriters to determine the risk involved in insuring individual buildings in urban areas against loss in fires or other disasters. These historical maps plot building details and provide comments concerning a building& former use. The availability of Sanborn Maps is limited to urban areas that historically presented fire hazards. Sanborn Map coverage was not available for the subject property. 4.3.4. CITY DIRECTORY SEARCH WR reviewed city directories for the subject property and surrounding vicinity at the New Hanover County Public Library Main Branch in Wilmington, North Carolina. The city directories were available from the early 1900cb through 2014, though the directory provided coverage for the area to as far back as 1992. Due to the subject property never being developed and not having road access, there is no listing in the directoriesthat identifiesthe property. WR reviewed city directories for US Highway 421. The city directory lists several commercial and industrial businesses in the 3000 and 4000 block of Highway 421 including KoSa (Invista) (4600), Wilmington Materials (3612), and Waste Industries (3618). The 1992 city directory lists only Waste Industries (3618), all other aforementioned listings do not appear in the 1992 directory. Prior to 1992, the areawas not coved by the city of directories. 4.3.5. HISTORY OF PROPERTY USE The subject property is a small portion, approximately 80.43 acres, of a lager 1,044 acre property which is home to Invista chemical manufacturing facility. The property is divided into sections which include the plant process area, spray fields, tank farm, sludge lagoon, 001 outfall area, north property, east property, potable well field, west production field, south production field, and inactive landfill. The plant was built on the northeast portion of the property in the late 1960ct and has an extensive history of point source contamination to soil and groundwater. The subject property is part of the west production field which is used for harvesting groundwater for the production plant and is located in the southwest portion of the property, approximately 1300 feet from the plant process area. Based on the information obtained by WR from the deeds, interviews, city directories, and aerial photographs, the subject property remained largely wooded and undeveloped. There are what appear to be unimproved roads, cut on the perimeter of the subject property in the 1981 aerial photograph. 4.4. HISTORICAL USE INFORMATION ON ADJOINING PROPERTIES Historical use of adjoining propertieswas obtained from a review of available aerial photographs from 1949, 1966, 1981, 1998, 2002, 2006 and 2010, city directories, internet research, and interviews with individuals familiar with the area. The historical use of the adjoining properties has been provided in the aerial review ±80.43 -acre S.T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Stite AssessnNZd of Commissigpers - September 6, 2016 May 2016 ITEM: 16- 12 - 17 ::Wit hersRavenel Our People. Your Success. summary of Section 4.3.2 of the report, the city directory review summary in Section 4.3.4, and interviews presented in Section 5 of the report. ±80.43 -acre S. T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental StiteAssessn?FZd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 18 ::Wit hersRavenel Our People. Your Success. 5. INTERVIEWS 5.1. INTERVIEW WITH MR. JEFF RANDOLPH AND ELIZABETH MEYER a OWNER REPRESENTATIVE WR interviewed Mr. Jeff Randolph and Ms. Elizabeth Meyer on June 27 and 28, 2016. Conversation records are available upon request. Mr. Jeff Randolph and Ms. Elizabeth Meyer, who have been with Invista for 7 months and 10 year, respectively, both completed WR& Pwneraquestionnaire regarding their knowledge of the site. The property has always been undeveloped and historically no structures have been present. Since the time of plant start -up the subject property has been used as a well field for harvesting groundwater that was used in the plant production process. Mr. Randolph and Ms. Meyers do acknowledge several environmental assessments have been done on the Invista property pertaining to a contaminant plume. Analytical results for groundwater samples collected from the groundwater monitoring wells on the subject property indicate the presence of 1,4 dioxane in the groundwater on the subject property. Mr. Randolph acknowledgesthe existence of the three observations wells associated with the injection well network. He indicated that the actual injection well is located on the east side of US Highway 421. He revealed that one of the observation wells on the subject property did leak and approximately 1,000 gallons of groundwater was released. Mr. Randolph acknowledged the presence of PCB containing materials and asbestos on the subject property. During the site reconnaissance, 15 pole mounted transformers were observed on the subject property. Mr. Randolph indicated that the all of the transformers were installed prior to 1979 and are assumed to contain PCB oil. Additionally, the pipe used to transfer the production water from the production field to the plant is Transite pipe constructed of cement and asbestos. During the 2013 Phase I ESA competed on the southern adjacent property by WR, Invista personnel indicated a railcar derailment incident occurred, however, none of the rail card contents were released. Mr. Randolph indicated that he was not aware of any incidents involving releases from rail cars in the rail road car transfer area. Mr. Randolph, completed WRd; Pwneraquestionnaire regarding his knowledge of the site. The completed questionnaire indicated that he was not aware of any landfilling or large debris disposal at the site. He stated that, to the best of his knowledge, no ASTs, USTs, 55- gallon drums, borrow pits, lagoons, batteries or hazardous chemicals were ever present on the subject property. In addition, he was not aware of any leaks, or releases of petroleum products or other hazardous substances at the site. M r. Randolph had not heard of any spills, liens, or land restrictions associated with the subject property or the adjacent properties. Furthermore, he had not heard of any violations or lawsuits based on environmental regulations associated with the subject property or adjacent properties. The completed Pwneraquestionnaire can be found inthe Appendix. 5.2. INTERVIEW WITH MR. FRANK PRIDGEN eNHC FIRE DEPARTMENT WR interviewed Mr. Frank Pridgen during completion of a Phase I ESA on the subject property in June, 27 2016. Conversation records are available upon request. The New Hanover County fire house is located at the intersection of Sutton Lake Road and USHighway 421. Mr. Pidgen indicated that he has been with the NHC Fire Department for 18 years and has been at his current post for at least 10 years. He stated he has no recollection of any reported environmental incidents (leaks, spills or dumping of petroleum liquids or hazardous substances) on the subject property or surrounding properties. He is aware small brush fires did occur in the rail road car transfer area due to sparks from the rail cars. However, all of the fire were on the railroad property and quickly extinguished. ±80.43 -acre S.T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental SiteAssessnNZd of CommissiQgers - September 6, 2016 May 2016 ITEM: 16- 12 - 19 ::Wit hersRavenel Our People. Your Success. Mr. Pidgen indicated that to the best of his knowledge, hew as not aware of any USTs or ASTs being located on the property. He stated that there were no landfill or surficial dumping activities ever associated with the subject site. Mr. Pidgen stated that to his knowledge there were never any 55- gallon drums or other possible hazardous materials or petroleum products stored or dumped on the subject property. Mr. Pidgen stated that he was not aware of any known contamination issues, environmental issues, or lawsuits relative to the subject property. 5.3. INTERVIEWS WITH LOCAL GOVERN ENT OFFICIALS WR contacted the New Hanover County Fire Marshalcy Office to ascertain if there had been any reported environmental incidents (leaks, spills or dumping of petroleum liquids or hazardous substances) for the subject property or surrounding properties. To date, WRhas not received a response from New Hanover County Fire Marshalcy Office. ±80.43 -acre S. T. Wooten /Invista Mine Expansion Property WR No. 02130008.10 Phase I Environmental Site AssessnNZd of Commissigpers - September 6, 2016 May 2016 ITEM: 16- 12 - 20 ::Wit hersRavenel Our People. Your Success. 6. DATA GAPS In accordance with the ASTM Standard E- 1527 -13, data gaps should be identified in the Phase I ESA report. Wit hersRavenel identified the following data gaps during Phase I ESA activities: Viient rfuviaea inrormatiU6 At the time of this report, the Questionnaire addressed as yTitle and Judicial Records Review for Environmental Liens and Activity and Use Limitationsbwas not completed for this Phase I ESA. gee iection for more information. ±80.43 -acre S.T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental SiteAssessnNZd of Commissigpers - September 6, 2016 May 2016 ITEM: 1'6- 12 - 21 ::WithersRavenel Our People. Your Success. 7. FINDINGSAND CONCLUSIONS WithersRavenel has performed a Phase I Environmental Site Assessment for the ±33.58 -acre property described in Section 1.= . The findings contained herein are based on the results of the Phase I ESA performed by WithersRavenel in general conformance with the scope and limitations of ASTM E- 1527 -13 and in accordance with WithersRavenelcs Standard Contract Conditions for Engineering Services. All conclusions made in this report are based upon the assessment performed by WithersRavenel and are subject to the Special Terms and Conditions outlined in ;L;LkAi a of this report. Any exceptions to, or deletions from, this practice are described in the report. FINDINGS RECswere identified in connection with the subject property duringthe course of thisassessment GUiiL1 UileU KL,S (l iY l.r No CRECs were identified in connection with the subject property during the course of this assessment. Hip#nrir RFC-, (HRF( ) No HRECs were identified in connection with the subject property during the course of this assessment. No de minimis environmental conditions were identified in connection with the subject property during the course of this assessment. CONCLUSIONS In conclusion, based on WR& site reconnaissance in conjunction with review of historical information gathered from an examination of ownership, aerial photographs, historical property uses, and public records, this assessment has revealed the following recognized environmental conditions(RECs) in connection with the subject property. Migrating Groundwater Plume from the Duke Energy L.V. Sutton Electric Plant Coal Ash Impoundment The Duke Energy L.V. Sutton Plant is located adjacent to the west of the subject property. Groundwater assessment at the facility has indicated that several metals have been detected in the groundwater which, most likely, is leaching from the ash impoundment maintained by Duke Energy. Several metals have been detected in the groundwater proximal to the coal ash impoundment including; arsenic, barium, boron, cobalt, iron, manganese, selenium, and thallium. WR recommends the groundwater be sampled on the western edge of the subject property and be analyzed for the aforementioned metalsand sulfate. Migrating Groundwater Plume from the Invista Plant The Invista Chemical Plant is located northeast of the subject property. Assessment activities at the plant have indicated three compounds of concern that are present in the groundwater, which include 1,4 dioxane, p- xylene, and para cymene (4- isopropyltoulene). As documented in the Sampling and Monitoring Report 2010 Ste -wide Sampling Event dated May 13, 2011, prepared by AECOM, the overall groundwater flow ±8U.43 -acre 5.1. wooten/ i nvista ivi ine I_xpansion Nroperty vvK NO. 02160UU8.10 Phase I Environmental SteAssessrgc& of Commissio4ners - September 6, 2016 May 2016 ITEM & 12 - 22 ::Wit hersRavenel Our People. Your Success. from the plant footprint (source area) is t o t he southeast. However, Mr. Randolph and Ms. Meyers of Invista do acknowledge analytical results for groundwater samples collected from the groundwater monitoring wells on the subject property indicate the presence of 1,4 dioxane in the groundwater on the subject property. WR recommends the groundwater monitoring wells on the subject property be sampled VOCs, SVOCs, priority pollutant metals, and sulfate. Documented Elevated Chloride Levels in the Surficial Aquifer in the West Production Well Field During research completed on the Progress Energy L.V. Sutton Electric Plant (the western adjacent property) and the Invista Plant, it was revealed that, in the 1980d;, the two companies were involved in a legal dispute regarding the origin of the high chloride levels in the production wells located in the west potable and west production well fields. During a Phase I ESA completed on the property that was part of the west production field in 2013 by WR, Invista personnel revealed the water that is harvested from the west production and potable fields continue to exhibit high chloride levels. Due to the historical elevation chloride levels, groundwater samples collected on the subject property should also be sampled for chlorides. Rail Tanker Car Staging Area The subject property is bisected by a CSX Railroad. In conversation with the Invista personnel, it was revealed the rail line is leased by Invista from CSX to stage rail tanker cars on the tracks. There have been no recorded spills or release on the rail line. Nonetheless, the potential exists for many smaller, non - reportable spills may have accord over the years. Therefore, WR believes this area should be assessed. WR recommends the groundwater be sampled adjacent to the railroad that bisects the subject property for VOCs, SVOCs, priority pollutant metals, and sulfate. PCR and Ashe0ns Containinn Material Mr. Randolph did acknowledge the presence of PCB containing materials and asbestos on the subject property. During the site reconnaissance, 15 pole mounted transformers were observed on the subject property. Mr. Randolph indicated that the all of the transformers were installed prior to 1979 and are assumed to contain PCB oil. Additionally, the pipe used to transfer the production water from the production field to the plant is Transite pipe constructed of a cement /asbestos composite. WR recommends that all PCB and asbestos containing materials on the subject property be removed prior to purchase. Though not considered RECs at this time, the following environmental concerns/ Business Environmental Risks should also be considered. vvaste injection vveii Network During the site reconnaissance, WRobserved three deep groundwater monitoring wells associated with the waste injection well network. As part of the initial waste management plan, the facility installed and attempted to dispose of treated waste water in an injection well system.. During the most recent sampling event in 2010, groundwater samples were collected from the 700 and 1000 foot aquifers. Historical ±80.43 -acre S. T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental Ste Assessn?VZd of Commissioners - September 6, 2016 May 2016 ITEM: 16- 12 - 23 ::Wit hersRavenel Our People. Your Success. laboratory results showed a significant improvement in water quality; however, waste material continues to persist in both the 700 foot and 1000 foot aquifers. Based on the future use of the property, WR does not consider the observations wells apart of the waste injection well networktobeanREC. However, the wells will need to be properly abandoned. ')ata Gap a Client Provided Information As of the date of this report, the environmental liens and activity and use limitations (AULs) search has not been completed by a professional title company or title professional. WR believes that this information should be completed along with title work for the property as typically coordinated by a real estate attorney. If any environmental liens and /or AULs filed against the property are discovered, this information should be provided to WR prior to any transfer of this property so that we may make a proper review and issue an amended letter accordingly. If no environmental liens or AULs are discovered, the questionnaire addressed as yTitle and Judicial Records Review for Environmental Liens and Activity and Use Limitationsa provided by WR should be filled out completely and placed inside the cover to accompany this report as an attachment. Please do not hesitate to contact us at (919) 469 -3340 should you have any questions or comments regarding this investigation. Sincerely, Wit hersRavenel We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmental Professiona as defined in §312.10 of 40 CFR 312. We have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. Christopher Fay Project Geologist vsl-�q' R. S. (Butch) Lawter, Jr., P.E. Director of Environmental Services ±80.43 -acre S. T. Wooten /Invista Mine Expansion Property WRNo.02130008.10 Phase I Environmental SiteAssessrgc& of CommissiQQr��rers - September 6, 2016 May 2016 FEIV>` & 12 - 24 ::Wit hersRavenel Our People. Your Success. 8. REFERENCES 8.1. PERSONS INTERVIEWED Pridgen, Frank 2 N HC Fire Department; June 27, 2016. Randolph, Jeff and Elizabeth Meyer 20wner Representative; June 27-28,2016. 8.2. RECORDS AND DOCUMENTS REVIEWED AECOM Environmental. Sampling and Monitoring Report 2010 Site -wide Sampling Event - Invista Facility, Wilmington, NC, May 13, 201 1 Aerial photographs from 1949, 1966,1981, 1998, 2006, 2010, and 2012 were obtained from New Hanover County GlSwebsite. Deeds viewed online through the New Hanover County Register of Deeds Office and maintained at the New Hanover County Register of Deeds Office in Wilmington, North Carolina. Earth Tech, Inc. Comprehensive Site Assessment Report -KoSa Facility, Wilmington, North Carolina, December 2002. Environmental Data Resources, Inc., Southport, Connecticut, regulatory information, April 26, 2016. Groundwater and Environmental Services, Inc. 2010 Former Injection Well Network Groundwater Sampling Report, March 2011 SynTerra. Comprehensive Site Assessment Report- Duke Energy L.V. Sutton Energy Complex. August 5, 2015. United Stated Geological Survey, Wilmington, NC Topographical Quadrangle. ±80.43 -acre S. T. Wooten / Invista Mine Expansion Property WR No. 02130008.10 Phase I Environmental Ste Assessr gc& of Commissio4ners - September 6, 2016 May 2016 ITEM & 12 - 25 ::Wit hersRavenel Our People. Your Success. Table of Contents in+r- duction .......................................................................................... ..............................1 1.1. Purpose ............................................................................................................................................... ..............................1 1.2. Scope of Services .............................................................................................................................. ..............................1 1.3. Limitationsand Exceptions ........................................................................................................... ..............................1 1.4. Special Terms and Conditions ...................................................................................................... ..............................2 1.5. Reliance ............................................................................................................................................... ..............................3 SiteDescription ................................................................................... ..............................4 2.1. Methodology and Limiting Conditions ...................................................................................... ..............................4 2.2. Site Operations, Processes, and Equipment ............................................................................ ..............................4 2.3. Description of Structures .............................................................................................................. ..............................6 2.4. Current Uses of Adjoining Properties ........................................................................................ ..............................6 u > - Provided Information N 4. Records Review & Historical Use Information ............................ ..............................9 4.1. Local State and Federal Environmental Regulatory Authoritiesand Databases ......... ..............................9 4.1.1. Database Findings ........................................................................................................................... .............................10 4.2. Physical Setting and Analysis ..................................................................................................... .............................12 4.3. Historical Use Information on the Property .......................................................................... .............................13 4.3.1. Ownership Review .......................................................................................................................... .............................13 4.3.2. Aerial Photograph Review ........................................................................................................... .............................14 4.3.3. Sanborn Fire Insurance Maps .................................................................................................... .............................15 4.3.4. City Directory Search .................................................................................................................... .............................15 4.3.5. History of Property Use ................................................................................................................ .............................15 4.4. Historical Use Information on Adjoining Properties ........................................................... .............................15 Irefi -re pmfp. . - ... .. .............................17 5.1. Interview with M r. Jeff Randolph And Elizabeth Meyer i Owner Representative ... .............................17 5.2. Interview with M r. Frank Pridgen iNHC Fire Department .............................................. .............................17 5.3. Interviewswith Local Government Officials ......................................................................... .............................18 rush tJaiJ6 19 7. Findings and Conclusions .............................................................. ............................... 20 8. Rpt ........................................................................................ ............................... 28 8.1. Persons Interviewed ................................................................................................................... ............................... 23 8.2. Records and Documents Reviewed .......................................................................................... .............................23 ±13.60 -acre Carolina Cove, LLC ApartmentsPropert` WR No. 02160177.0 Phase I Environmental SiteAssessn?fArd of Commissioners - September 6, 2016 April 2016 ITEM: 16- 12 - 26 Appendix A FIGURES B ENVIRONMENTAL DATABASE REPORT C SANBORN MAP REPORT D DEEDS& OWNERSHIP RECORDS E C I TY D I RECTORIES F PHOTOGRAPHIC RECORD G AERIAL PHOTOGRAPHS H OWNERQUESTIONNAIRES I PURCHASE PRICEQUESTION NAI RE J LIEN- AULQUESTIONNAIRE(Blank) K CLIENT / OWNERQUESTIONNAIRE L REGULATORY FILE REVIEW INFORMATION M H I STO RI CAL REPO RTS N OTH ER ::Wit hersRavenel Our People. Your Success. Included in this Report ❑x Yes ❑No ❑x Yes ❑No ❑x Yes ❑No ❑x Yes ❑No ❑x Yes ❑No ❑x Yes ❑No DYes ❑No DYes ❑No DYes ❑No ❑Yes ❑x No ❑x Yes ❑No ❑x Yes ❑No ❑Yes ❑x No ❑Yes ❑x No ±13.60 -acre Carolina Cove, LLC ApartmentsPropert` WR No. 02160177.0 Phase I Environmental SiteAssessn?fArd of Commissioners - September 6, 2016 April 2016 ITEM: 16- 12 - 27 40- Wit hersRavenel 140 Our People. Your Success. August 16, 2016 S. T. Wooten Corporation P.O. Box 2408 Wilson, North Carolina27894 Attn: Mr. Brian F. Gurganus Vice President Reference: Limited Phase II Environmental Site Assessment USHighway421 Wilmington, New Hanover County, North Carolina WRProject Number: 02130008.1 Dear M r. Gurganus: Wit hersRavenel (WR) has completed t he aut horized groundwater sampling act ivitieson a ±80.43- acre parcel located approximately five miles north of the central business district of Wilmington, NC off of US Highway 421 (see Figure 1). The purpose of this assessment was to investigate possible groundwater impact on the subject property by several nearby recognized environmental conditions (RECs) that were identified in a Phase I Environmental SiteAssessment (ESA) conducted by WRin July 2016. It is WR& understanding that S.T. Wooten Corporation intendsto purchase the property for use as a sand mine. The property is presently owned by Invista SA.R.L.. The following report summarizes background information, investigative methods, and the results of laboratory analyses for this investigation. Site Background and Recognized Environmental Conditions (RECs) The subject property is a small portion, approximately ±80.43 acres, of a larger 1,600 acre property which is home to the Invista chemical manufacturing facility. The subject property is currently undeveloped woodland and ispart of thewest production field which is used to obtain groundwater for the manufacturing plant. The west production field is located in the southwest portion of the InvistaSA.R.L. property, approximately 1,100 feet west of theplant processarea. Duringthe Phase I ESA, two propertieswere identified as potential off -site sources of contaminant plumes, relative to the subject property. These potential sourcesare discussed in detail below. I nvista Chemical Plant. 4600 USHighway421 The Invista Chemical Plant is located on approximately 1,600 acres of property, which is currently owned by Invista S.A.R.L. The property is divided into several sections which include the plant process area, spray fields, tank farm, sludge lagoon, 001 outfall area, north property, east property, potable well field, west production field, south production field, and inactive landfill. The plant process area, which occupies 160 of the 1,600 acres,wasbuilt in thelate 1960csand sincethat time has manufactured dimethyl terephthalate (DM T) and purified terephthalic acid. In the 1990cb, the 115 MacKenan Drivel Cary, NC27511 t: 919.469.3340 1 f: 919.467.6008 www.withersravenel.com I License No. C -0832 Cary I Greensboro Pittsboro I Raleigh I Wilmington Board of Commissioners - September 6, 2016 ITEM: 16- 13 - 1 ::Wit hersRavenel Our People. Your Saccess. plant expanded with the addition of Fort on Indust riesfaciIity,buiIt in the northeast quadrant of the plant process area, which produced technical polymer and polyphenylenesulfide. Since the early 19904, several groundwater investigations have been performed at the Invista Plant. Asaresult of the investigations, several sourcesof contamination have been identified which were attributed to the storage and movement of raw material throughout the plant process area and waste management. In addition, data collected from the site assessments have concluded the chemicals of concern were 1,4 dioxane, para - xylene, and para - cymene (4- isopropyltoulene). The information below issummarized from afile review completed by WR. In a Sampling and Monitoring Report, prepared in May 2011 by AECOM, it was reported that a groundwater assessment for the constituents 1,4 dioxane, p- xylene and p- cymene, using existing and temporary wells, was performed in 2010. As discussed in the monitoring report, 1,4 dioxane wasincreasingin extent, however, the concent rations of1,4 dioxanewere decreasing in magnitude. The results showed the 1,4 dioxane plume extending out from the plant process area to the southern extremes of the Invista property, approximately 3,600 feet south of the plant process area. The assessment of the extent p- cymene i n groundwater was confined to the plant process area. As discussed in theassessment report, the results showed the horizontal extent and magnitudeof the p-cymene pl umewas relatively stable. However, thewells located outside oftheplant processarea were not analyzed for p- cymene. Therefore the southern and western extents of the p- cymene contaminant plumewere not defined. Similar to the p- cymene, the assessment of t he extent of p- xylene in groundwater was confined to the plant process area. As implied in the assessment report, the results showed the horizontal extent and magnitude of the p- xylene plume was relatively stable. However, the wells located outside of the plant process area were not analyzed for p- xylene. Therefore the southern and western extentsof the p-xylene contaminant plumewere not defined. Duke Energy L.V. Sutton Electric Plant Coal Ash Impoundment Sutton Lake Road The Duke Energy L.V. Sutton Electric Plant islocated approximately 4,000 feet to thesouthwest of the subject property. Since 1954, the plant has produced electricity for the surrounding area by burning bituminouscoal. The post combustion ash produced by burningthe coal isstored in three impoundments that are located to the north of the power production plant. The coal ash impoundment areasare located approximately 1,300 feet to thewest of thesubject property. Several groundwater assessments have been performed in the vicinity of the coal ash impoundments to monitor coal ash constituents that may be present in nearby groundwater. Groundwater analytical results for samples collected on the plant property identify iron, manganese and boron as potential coal constituents present at concentrations above the NC Groundwater Standards established in 15A NCAC 2L (2L Standards) (SynTerra, 2015). S.T. Wooten Mine Expansion Property-US Hwy 421 WR Project # 02130008.10 Limited Phase I I ESA Letter Report August 2016 Board of Comrpi§giP2608 September 6, 2016 ITEM: 16- 13 - 2 ::Wit hersRavenel Our People. Your Saccess. Additionally, according to a NCDENR Superfund Section Expanded Site Inspection dated December 1999, several wells on the plant property contain arsenic, lead, chromium, thallium, and beryllium at concentrations three times above background levels. Groundwater investigations depict groundwater flow in the vicinity of the ash pondsto be radial with flow directions towards the northeast, east and southeast. Groundwater sampling Plan WRproposed theadvancement of six shallow groundwater sampling points (temporary wells) and four deep groundwater sampling points. Each shallow well was advanced to a depth that would intersect the water table approximately 15feet to 20 feet below level surface (BLS) and the deep wellswere to be advanced to approximately 50 feet, the proposed sand mine bottom depth, or to thetop of the Pee Dee Formation expected at approximately 40 feet to 50 feet BLS. All temporary wells would be advanced along the perimeter of the subject property to evaluate whether contaminants from offsite sources (Invista Chemical Plant and the Duke Energy L. V. Sutton Electrical Plant coal ash impoundments) were present in groundwater within the proposed sand mine expansion area. Additionally, WRwould sample four existing groundwater monitoring wells, MW-1, MW-1A, TW -2, and MW-7A, which were installed on the subject property by previous investigators. Groundwater samples would be collected from the six shallow and four deep temporary wells and four permanent wells and submitted to a North Carolina certified laboratory for analysis. During groundwater sample collection, geochemical parameters and turbidity would be monitored and recorded. Groundwater analyses were chosen for each sampling location based upon the proximity of nearby RECs. Tablet summarizesthe sampling point locations, target depths, and the laboratory analyses to be conducted. Field Activitiesand Groundwater Sampling Methods WR personnel mobilized to the site on July 25 through 27, 2016. The drilling subcontractor for the project was Geologic Exploration, Inc., a North Carolina Certified Well Contractor based in Statesville, NC. Geologic Exploration operated atrack- mounted GeoProbe® drilling machine that used 4 u Phollow stem augersto install the temporary wellsto the desired depths. Temporary wells PTW -1A, PTW -2A, PTW -3A, PTW -4A, PTW -5A, and PTW -6A were designated as the shallow sampling points, while PTW -213, PTW -313, PTW -413, and PTW -613 were designated as the deep temporary wells (see Figure 2). All of the temporary wells were constructed with two inch inner diameter (ID) schedule 40 PVC well casing attached to atwo inch ID schedule 40 PVC well screen with 0.010 inch slots. The shallow temporary wells included 10 -foot lengths of screen while the deep temporary wells were fitted with five foot - lengths of screen. Subsequent to installation, each temporary well was developed by removing water to promote lami nar flow towardsthewell screen and remove suspended sediment generated from the drilling process. Additionally, WRalso sampled four existing groundwater monitoring wells, M W -1, M W -1 A, TW -2, and MW-7A, which were installed on the subject property by previous investigators. Wells M W -1 and TW -2 are located on the east side of the subject property and were installed to depths of 45 feet and 40 feet BLS, respectively. Wells MW-1A and MW-7A are located on the west side of the S.T. Wooten Mine Expansion Property-US Hwy 421 WR Project # 02130008.10 Limited Phase I I ESA Letter Report August 2016 Board of Comrp4gip3608 September 6, 2016 ITEM: 16- 13 - 3 ::Wit hersRavenel Our People. Your Saccess. subject property and were installed to depths of 52 feet and 51 feet BLS, respectively. The Iocat ions of the temporary and permanent monitoring wells referenced above are shown on Figure 2. On July 27,2016,alI of the temporary welIsand the four permanent exist ingwelIs were purged and sampled using a peristaltic pump equipped with new disposable Teflon@ I ined polyethylene tubing. Groundwater samples were obtained from the wells using EPA low- flow /low stress sampling procedures. During the purging process, the tubing was connected to a flow cell which allowed continuous measurement of geochemical parameters that included temperature, pH, specific conductance, oxygen reduction potential (ORP), and dissolved oxygen (DO) using an YSI 5560 Water Quality Meter. Purging was continued until geochemical parameters stabilized. In addition, the turbidity of the water produced was monitored using a Lamotte0 turbidity meter. Groundwater sampling formsthat included these measurements are included in the Appendix. After field measurements had stabilized, the effluent tubing was disconnected from the flow cell and groundwater samples were decanted directly into laboratory prepared containers that held appropriate amounts and types of preservatives for the analyses to be conducted. The samples were stored in ice - chilled coolers, which were subsequently transported under chain -of- custody to Environmental Science Corps. (ESC), located in Mt. Juliet, Tennessee. The groundwater samples collected from wells located on the eastern side of the property (MW-1, PTW -1 A, PTW -2A, PTW - 2B, PTW -3A, PTW -3B, and TW -2) were analyzed for thefollowing: • Volatile Organic Compounds (VOCs) by EPA Method 8260B • 1,4 dioxane by EPA Method 82609M • Semi- Volatile Organic Compound (SVOCs) by EPA Method 8270D • Priority Pollutant M etals by Methods 6020, 7470A, and 60106 and • Sulfate and Chlorides by Method 9056 The groundwater samples collected from wells located on the western side of the property (M W- 1 A, M W -7A, PTW -4A, PTW -4B, PTW -5A, PTW -6A, and PTW -6B) were analyzed for the following: Antimony, Arsenic, Cadmium, Cobalt, Lead, Selenium, Thallium, Vanadium, Boron, Iron, Manganese by method 9056A, 6020, and 6020C Chlorideand Sulfate by Method 9056 Laboratory Analytical Results The table below summarizes the analytical detectionsthat werereported at concentrations above their respect ive 2 L St andards. Constituent Co ncent r at i ons (ug/ L) 2L Standard (ug /L) Iron 577 (M W -1 A), 355 (PTW -5A), 2350 (PTW -6B) 300 M anganese 186 (M W -1 A), 245 (PTW -6A) 50 Lead 16.0 (PTW -1 A) 15 Bromodichloromethane 1.37 (PTW -2B) 0.06 S.T. Wooten Mine Expansion Property-US Hwy 421 Limited Phase I I ESA Letter Report Board of Comrpi§giP4608 September 6, 2016 ITEM: 16- 13 - 4 WR Project # 02130008.10 August 2016 ::Wit hersRavenel Our People. Your Saccess. Table 2, Groundwater Sample Analytical Results - Detections Only, summarizes the analytical detections for the constituents identified by each analytical method. Figure 2, Groundwater Sampling Results Map, depicts the well locations and constituents detected at concentrations above their respective 2L Standards. It is noteworthy that only a trace concentration of one VOC was identified at a concentration above its 2L Standard, and that no SVOCs or 1,4 dioxane were identified a detectable concentrations in any of the samples analyzed for those constituents. Additionally only one Priority Pollutant metal (lead) was detected at a single location at a concentration slightly above its 2L Standard, and reported concentrations of chloride and sulfate were all below their respective 2L Standards. A copy of t he laboratory analytical report is included i n t he Appendix. Site Geolociv According to the U.S. Geological Survey 7.5- minute series topographic map of the Castle Hayne, North Carolina Quadrangle (Figure 1), the subject property is approximately 25 feet above mean sea level and is located on a peninsula that lies between the Northeast Cape Fear River to the east and t he Cape Fear River and Sutton Lake to t he west. According to the Geologic Map of North Carolina (1985), surficial sedimentary deposits in the coastal plain of North Carolina consist of Quaternary age sands. During installation of the temporary wells, the soils encountered consisted of clean medium to coarse sands. These sands comprise the surficial aquifer that liesbeneath thesubject property,and duetotheir relatively high permeability have been used asasourceof water for industrial and municipal purposes. The clean sands of the surficial aquifer are unconformably underlain by the Pee Dee Formation, which is of Cretaceous Age. According to Lautier (2006), the Pee Dee Aquifer consists of gray to light brown fineto very fine sand with glauconite, phosphorite, oyster shellsand pyrite. According to SynTerra(2015), the sediments of the upper portion of the Pee Dee Formation areat least three orders of magnitude less permeable than the overlying surficial aquifer sands, and natural concentrations of chlorideand other constituents increasewith depth in theformation. Therefore, the Pee Dee Formation is not used asawater supply source in the area. During the installation of the temporary wells located along the eastern property boundary, grey finer grained sediments that resemble the description of the upper Pee Dee Formation were encountered at adepth of approximately 38 feet BLSat the PTW -2B location. However, duringthe installation of the temporary well PTW -4B located adjacent to the western property boundary, such grey fine grained sedimentswere not encountered to a depth of 50 feet BLS. Gray silty clayey finesand with shell fragmentswas encountered at 45 feet BLSat temporarywell PTW- 6B,which is consistent with descriptionsof the Pee Dee Formation lithology. Conclusions& Recommendations Results of VOC analyses for the groundwater samples collected on the subject property indicate the presence of trace concentrations of bromodichloromethane and chloroform in the groundwater sample from temporary well PTW -2B. Both bromodichoromethane and chloroform S.T. Wooten Mine Expansion Property-US Hwy 421 WR Project # 02130008.10 Limited Phase I I ESA Letter Report August 2016 Board of Comrp4gipS608 September 6, 2016 ITEM: 16- 13 - 5 ::Wit hersRavenel Our People. Your Success. are trihalomethanes(THMs)which are common disinfection byproduct s found in municipal water supplies. Because municipal water was used to decontaminate the drilling equipment between sampling points,- WRsuspects that the use of such water asa decontamination rinse is most likely thesourceof the reported trace concentrations of THM s Iron and manganese were reported in groundwater samples from several wells at concentrations that exceeded their respective 2L Standards. However, according to historical documents, iron naturally exists in the groundwater within the southeastern coastal plain at concentrations generally above 1,000 ug /L (Bain, 1977) and has been detected as high as 24,900 ug /L (NCDENR Groundwater Quality Section, 2003). Analytical results for groundwater samples collected from the subject property indicated the presence of iron at concentrations that ranged from a high of 2,350 ug /L to a low of 137 ug /L. These concentrations are within the range of naturally occurring iron concentrations within coastal plain groundwater cited above. Similarly, Bain (1977) reported that naturally occurring manganese is also present within surficial aquifers of the coastal plain at concentrations that may be higher than its 2L Standard. According to Bain, manganese concentrations in surficial aquifer groundwater in New Hanover County ranged from 1,500 ug /Lto non - detectable concentrations. Analytical results fort he groundwater samples collected from the subject property reported the presence of manganese at aconcentration range of 245 ug /Lto25.5 ug /L, which is well within the range of naturally occurring manganese concentration according to Bain (1977). Therefore, the iron and manganese concentrations reported for the groundwater samples collected from the subject property likely reflect naturally occurring conditions Lead was detected at a concentration of 16 ug /L in the groundwater sample from MW-1A . This concentration slightly exceeds the 15 ug/L 2L Standard for lead. Lead was not reported at concentrations above the laboratory detection limits in any of the other groundwater samples. Cobalt was identified in the sample from MW-1A at a concentration of 13.1 ug/L, however no 2L Standard has been established for cobalt. Cobalt was not reported at concentrations above the laboratory detection limit in any of the other groundwater samples from the subject property. According to SynTerra (2015), cobalt was not detected in ash pore water samples obtained from the Duke Energy ash impoundments. Therefore the source of cobalt detected in the sample from M W -1 A does not appear to be related to thestorage of ash at the neighboring power plant and may also reflect naturally occurring conditions. Analysis of groundwater samples collected from the subject property indicate an overall absence of potential constituents of concern from the off -site sources identified in our Phase I ESA. Of the constituents that were detected at concentrations above their respective 2L Standards, the reported concentrations of iron and manganese are within ranges considered to be naturally occurring. Additionally, the single detection of lead was only slightly above its 2L Standard, and it appears that the single detection of cobalt may reflect naturally occurring conditions. Finally, the trace concentrations of two THM sin one of the groundwater samples are most likely the result of the use of municipal water in the equipment decontamination process. Due to the overall absence of VOCs, SVOCs, 1,4 dioxane and priority pollutant metals, and concentrations of chloride and sulfate that are below their respective 2L standards, it does not appear that surficial aquifer groundwater beneath the subject property has been adversely affected S.T. Wooten Mine Expansion Property-US Hwy 421 WR Project # 02130008.10 Limited Phase I I ESA Letter Report August 2016 Board of Comrpi§giP6608 September 6, 2016 ITEM: 16- 13 - 6 ::Wit hersRavenel Our People. Your Saccess. by potential off -site sources of contamination. Additionally, it does not appear that the constituents detected at concent rations above their 2LStandardswouId pose an unacceptable health and safety risk to workers associated with the proposed sand mine expansion. Therefore, WR does not foresee the need for additional environmental investigation of the subject property at this time. Please do not hesitate to contact us at (919)469 -3340 should you have any questions or comments regarding this investigation. Sincerely, Wit hersRavenel Christopher Fay Project Geologist Brian J. Bellis, P.G. Senior Hydrogeologist R. S. (Butch) Lawter, Jr., P.E. Director of Environmental Services Attachments: Figures, Table, &Appendices S.T. Wooten Mine Expansion Property-US Hwy 421 Limited Phase I I ESA Letter Report Board of Comrp4gjpVI608 September 6, 2016 ITEM: 16- 13 - 7 WR Project # 02130008.10 August 2016 ::Wit hersRavenel Our People. Your Saccess. REFERN CES AECOM , 2010, ySampling and Monitoring Report, 2010 Ste -wide Sampling Event aprepared by AECOM for CAN Holdings, Inc., dated May 2011 Bain George, L., 1977, Geology and Ground -Water Resources of New Hanover County, North Carolina: Ground Water Bulletin No. 17. Ish, Inc, 2009, Mork Plan for Assessment of Groundwater Quality Impacts from Ash Ponds at the L. V. Electric Plant, Wilmington, North Carol inaaprepared by Ish, Inc for Progress Energy, dated March 2009 Lautier, Jeff C.,2006, Hydrogeological Frame Work and Ground Water Conditions in the North Carolina and Southern Coastal Plain. Geologic Map of North Carolina, 1985, Department of Natural Resources and Community Development, Scale 1:500,000. North Carolina Department of Environment and Natural Resources - Division of Water Quality - Groundwater Section, 2003, Groundwater Quality within the Surficial Aquifer and first confined aquifer in sixcountiesof the Southern Coastal Plain. SynTerra, 2015, yComprehensive Site Assessment Report: Duke Energy L.V. Sutton Energy Complexa prepared by synTerra for Duke Energy, dated August 4, 2015. S.T. Wooten M ine Expansion Property -USHwy 421 Limited Phase I I ESA Letter Report Board of Comrp4gip8608 September 6, 2016 ITEM: 16- 13 - 8 WR Project # 02130008.10 August 2016 FIGURES Board of Commissioners - September 6, 2016 ITEM: 16- 13 - 9 T- M�j IL N TFOAL SUBJECT 80.43 ACRES -1 N- 4F Nr t la� S A Al '6 GRAPHIC SCALE 0 1000 2000 4000 1 inch = 2000 ft. IT WOOTENANVISTA MINE EXPANSION PROPERTY DRAWN BY: SCALE: FIGURE NO.: 1 / WithersRavenel US HIGHWAY 421 CF 1"=2000' 1 Engineers I Planners I Surveyors WILMINGTON, NEW HANOVE R COUNTY, NC APPROVED BY DATE PROJECT NO. :)ardofgtFMA4&0A*Tj0M #IR 131- 1/11/2016 02150561.00 1 1 IZ-IVIm I ft4MI, 2016%QWYbWm,-.AoL201M16.#"- Awao 9. 7016 - rAV. CWMSIOPKI Q 20 IUND CONCENTRATION 2.350 ,NESS 254 DE 7,010 ` E 5,460 \\ PTW-6 P -6A MW -1 S \ O NC RA ION 20 013-17 CHLORIDE 3,900 HLORIDE 6,550 0I3 -18 SULFATE 10600 p9 -15 �� 4 Q LEAD 16 �— �20 CHLORIDE 7,010 SULFATE 5.460 ` 2 \� CHLORIDE 3.R50 SULFATE 12.400 25 MPOUND CONCENTRATION ` HLOROFOKM 7.05 ROMODICHLOROMETHANE 1.37 HLORIDE 4,160 \ ULFATE 18.,000 ZO 20 P COMPOUND CONCENTRATION 5 MW -2A PTW- COBALT BALT CONCENTRATION IRON 577 577 HLORIUE 2,730 MANGANESE 186 CHLORIDE 4,380 _ A + SULFATE 9.660 \ _5p $ COMPOUND CONCENTRATION I RpN 355 MANGANESE 20.6 C.UU R QE. 9,380 30 SULFA A IE 7.1'1U 25 2,400 IRON 137 MANGANESE 25.5 Q CHLORIDE 31900 SULFATE 10.600 P -4A .w LEGEND TEMPORARY GROUNDWATER MONITORING WELL COMPOUND CO 0 IlCl N RATIO MANGANESE 62.5 PERMANENT GROUNDWATER MONITORING WELL LOCATION CHLORIDE 11,900 I� SULFATE 17800 ® PRODUCTION WELL O TRANSFORMER O RAIL ROAD ­--MUNICIPAL WATER LINE RAHI SCA N,,''%TOPOGRAPHIC LINE 0 CG 75 P 350 NOTES: 1.1 ALL RE"AILTC AR[ Iw uyLdR ppB. i h -3 fL ii WithersRavenel ST WOOTENANVISTAMINE EXPANSION PROPERTY GROUNDWATER caCF' Foo 1 c=350- ­­No. . US HIGHWAY421 SAMPLING RESULTS MAP Engineers I PLanners I Surveyors WILMINGTON, NEW HANOVER COUNTY, NC JULY 27, 2016 4 rsetlr: wo,aa_wwirs:caevl,,.,�..�.,wa <a and of Commissioners- September 6,2016 BL 5/17/16 02130008.10 C2 A�T_L_UR C CDMPOUND CANCENTRATION LEGEND TEMPORARY GROUNDWATER MONITORING WELL COMPOUND CO 0 IlCl N RATIO MANGANESE 62.5 PERMANENT GROUNDWATER MONITORING WELL LOCATION CHLORIDE 11,900 I� SULFATE 17800 ® PRODUCTION WELL O TRANSFORMER O RAIL ROAD ­--MUNICIPAL WATER LINE RAHI SCA N,,''%TOPOGRAPHIC LINE 0 CG 75 P 350 NOTES: 1.1 ALL RE"AILTC AR[ Iw uyLdR ppB. i h -3 fL ii WithersRavenel ST WOOTENANVISTAMINE EXPANSION PROPERTY GROUNDWATER caCF' Foo 1 c=350- ­­No. . US HIGHWAY421 SAMPLING RESULTS MAP Engineers I PLanners I Surveyors WILMINGTON, NEW HANOVER COUNTY, NC JULY 27, 2016 4 rsetlr: wo,aa_wwirs:caevl,,.,�..�.,wa <a and of Commissioners- September 6,2016 BL 5/17/16 02130008.10 TABLES Board of Commissioners - September 6, 2016 ITEM: 16- 13 - 12 �f N E m fn C O U) N E E O U O m O m 75 7z 7z 75 75 F5 0 0 0 0 0 0 0 E p E E E E E E N U m a Y co a O O a m a m 7 a m 7 Y a m Y a m O a O a O a O a O a o J J � � J J J J J O m m m m Q m m -p -6 -p -6 -p -6 -o -6 -p -6 m m m m m m m ° d d co ° m ° m ° m ° m ° d d d d d U o o o O CD o— CDCU(D o CU o M0 o c 0 c 0 c 0 c 0 c 0 2 2 C M m c m c m c m c m c m c m c m co co co co co Q a a a a a a a m m N m N m N m N m N m N T c c c c c c c m N E E m m N N N E E E E E m m m m m m U) in m m �: m m in in in in in m m 7 m m = 7 m m = 7 m m = 7 m m �: 7 a -0 m U) -0 -0 -0 -0 -0 �=- U) m U) U) U) m m E� E� m m m m m E-o E-o E-0 E- -0 E-0 O a) E c m E c c m a) N N N a) 7 c �� m 7 c �� m 7 c �� m 7 c �� m 7 c �� m m p o a) 6 2 6 o p p p p m m m m m m m m m m Z O O a) -0 a) O O O O O a) a) a) a) a) J O t L 0 m 0 t L L L t m 0U) O m O m O m 0 IL U U -0 -o� U �j uj N U N U N N N N (6 N U N U N U N U N U IL Z ) s c o 0) E m c o � s o c s o c s o c s o c s o c MR Q y m a a U m N m N a a a a a U c U c U c U c U c co Q N C OL O ¢ N N N m O Z O Z m j m m m m m 0 m U O U O >� U O U O U O U O ii O F a U t> w o E o ai o o o o o ¢ � w m � � m U U U U m m m m m` Q g 0 D 2 ai c U c o o c 0 c 0 c 0 c c 0 c X m O V O V O V O V O Z tl= i E E p O c .0 c p m .0 c p m .0 c p m p .0 c m Ti i Q Q .0 .0 Q Q Q Q Q Z V 7 V V V 7 7 7 7 7 7 7 c c m c m c m c m c m c m c m W N U N U O O E m O O E m N N N N U N U 0 0 E m 0 0 E m 0 0 m 0 0 m 0 0 m J O O > O > > >> .E a > > > > > >> Q Q P Q � 0 LO O N m 3 O N O O N O N O 7 O N O 7 O N O LL') O N O N O LL) _ 7 V LO Y LO LO Lfi Lfi Lfi Lli Lfi Lli b b b b m m N N N m co N a a a a a a N N a a¢ a a Q O Q O Q U '6 '6 N c O m O N C O N O N N N N �� O N N N a) O O N O N N a) N N O Q N Q N Q T M m .�..� m ,�., .�.. .�.. .�.. .�.. m m .�.. .�.. O E m m m c U U '6 U m C- ( (0 Q a Q a m N Q N Q J V (4 (4 O '6 0 O E O pU O pU 0 O OU m o E 0 OU E 0 OU t a) m a) m a) C C >` 7 2. j >, j p" p' O" a �. N a) a) m s N N i i c c c E co m m 3 3 m c 3 3 o m Q o m Q c O z s c m o p c m c m c m Y Y U U U� 0 0 0 o 0 0 3 m a) U U U U 3 z z s s g 0 Q Q Q Q Q Q m Q m Q m Q Q m N N N N C7 M 7 V LC) O O �f N E m fn C O U) N E E O U O m O m fi ! § \ �- ae{` 3 110 CO \�m) It / § ; § LU § o E \0 /\ mw \k0 o § E E o o co /\ /\ § # {{ !&!) ( G && f[!) / ; !! 3 {?) } \ ( ; :: 2!§) (/ /\ /( / G ±& f) §v / ; ±± 352) §2 ){ !±±) / & /v !±±) \/ [/ 7 G 2§ !&±) § & §{ !&&) (} § a {v !&!§ /} § G ±& 3 {?) }( < co 7 ° \�� //\ �\30 ± ± ±)/ /\ k {o o - § ) o \ {)k: - / §§2 \{$ | \ §5 :(;§ \- 3ol;!lJAJl01IId // o E \0 /\ mw \k0 o § E E o o co APPENDIX A BORING LOGS Board of Commissioners - September 6, 2016 ITEM: 16- 13 - 15 %� WELL CONSTRUCTION LOG Well ID PTW -1A Job Name Invista Job # 2130008.20 Date July 26,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2305614.074 NC NAD83 Northing: 206215.993 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 1 Silty SAND (SM):Dark Brown, poorly sorted, fine to medium size rounded grains, soft, wet at —5 feet BLS, high organic content 0 -10.0 ft 2" PVC Casing Native Soils ........ ............................... 10.0 -20.0 ft 2" 10 -Slot Well Screen Boring Terminated @ 20.0' BLS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notes: NR =No reading NA =Not Applicable ppm =parts per million GW= Groundwater BGS =Below ground surface EU�SCS= Unified Soil Classification System TOC =Top of Casing Board of Commissioners F o3,�ep�ern er 6, 2016 Page 1 of 1 115MacKenanDrive Cary, North Caroina �75z1TE�R/ W "' 3`06 ax919.4676008 wwwwithersraveneLcom too WELL CONSTRUCTION LOG Well ID PTW -2A Job Name Invista Job # 2130008.20 Date July 25,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2306119.363 NC NAD83 Northing: 205395.259 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 1 Silty SAND (SM):Tan, poorly sorted, fine to medium size rounded grains, soft, wet at -7 feet BLS, high organics at T -10' BLS 0 -10.0 ft 2" PVC Casing Native Soils ........ ............................... 10.0 -20.0 ft 2" 10 -Slot Well Screen Boring Terminated @ 20.0' BLS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notes: NR =No reading NA =Not Applicable BGS =Below ground TOC =Top of Casing Page 1 of 1 surface ppm =parts per million GW= Groundwater USCS = Unified Soil Classification System E -EI vafon Board of Commissioners o-,� ep�errpn er 6, 2016 115 MacKenan Drive Cary, North Carolina �751IT gWW "' 3`6% tax-91-9-4117-11006 www withersraveneL com too WELL CONSTRUCTION LOG Well ID PTW -2B Job Name Invista Job # 2130008.20 Date July 26,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2306098.058 NC NAD83 Northing: 205420.404 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 2 Silty SAND (SM):Tan, poorly sorted, fine to medium size rounded grains, soft, wet at -7 feet BLS, high organics at T -10' BLS 0 -35.0 ft 2" PVC Casing Native Soils ............... ...........................•••• 35.0 -40.0 ft 2" 10 -Slot Well Screen Boring Terminated @ 41.0' BLS 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 CLAY (CL): Blue gray, high plasticity, soft, wet. 42 44 46 48 50 Notes: NR =No reading NA =Not Applicable BGS =Below ground TOC =Top of Casing Page 1 of 1 surface ppm =parts per million GW= Groundwater USCS = Unified Soil Classification System E -EI vafon Board of Commissioners o-,� ep�errpn er 6, 2016 115 MacKenan Drive Cary, North Carolina �75z1T 9WW "' 3`% tax-91-9-4117-11006 www withersraveneL com too WELL CONSTRUCTION LOG Well ID PTW -3A Job Name Invista Job # 2130008.20 Date July 25,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2306802.778 NC NAD83 Northing: 204115.620 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 1 Silty SAND (SM):Tan, poorly sorted, fine to medium size rounded grains, soft, wet at -7 feet BLS, high organic content from -5' to 13' 0 -10.0 ft 2" PVC Casing Native Soils ............... ...........................•••• 10.0 -20.0 ft 2" 10 -Slot Well Screen Boring Terminated @ 20.0' BLS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notes: NR =No reading NA =Not Applicable BGS =Below ground TOC =Top of Casing Page 1 of 1 surface ppm =parts per million GW= Groundwater USCS = Unified Soil Classification System E -EI vafon Board of Commissioners o-,� ep�errpn er 6, 2016 115 MacKenan Drive Cary, North Carolina z75z1T9WW0' 3j0 tax-91-9-4117-11006 www withersraveneL com too WELL CONSTRUCTION LOG Well ID PTW -3B Job Name Invista Job # 2130008.20 Date July 26,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2306776.222 NC NAD83 Northing: 204094.781 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 2 Silty SAND (SM):Tan, poorly sorted, fine to medium size rounded grains, soft, wet at -7 feet BLS, high organic content from -5' to 13' 0 -35.0 ft 2" PVC Casing Native Soils ............... ...........................•••• 35.0 -40.0 ft 2" 10 -Slot Well Screen Boring Terminated @ 40.0' BLS 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 Notes: NR =No reading NA =Not Applicable BGS =Below ground TOC =Top of Casing Page 1 of 1 surface ppm =parts per million GW= Groundwater USCS = Unified Soil Classification System E -EI vafon Board of Commissioners o-,� ep�errpn er 6, 2016 115 MacKenan Drive Cary, North Carolina �75z1T 9WW "' 3`A t- x919.467 6006 www withersraveneL com too WELL CONSTRUCTION LOG Well ID PTW -4A Job Name Invista Job # 2130008.20 Date July 26,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2306026.923 NC NAD83 Northing: 203560.632 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 1 Silty SAND (SM):Tan, poorly sorted, fine to medium size rounded grains, soft, wet at -7 feet BLS 0 -10.0 ft 2" PVC Casing Native Soils ........ ............................... 10.0 -20.0 ft 2" 10 -Slot Well Screen Boring Terminated @ 20.0' BLS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notes: NR =No reading NA =Not Applicable BGS =Below ground TOC =Top of Casing Page 1 of 1 surface ppm =parts per million GW= Groundwater USCS = Unified Soil Classification System E -EI vafon Board of Commissioners o-,� ep�errpn er 6, 2016 115 MacKenan Drive Cary, North Carolina z751IT9WWO' 34Z� t- x919.467 6006 www withersraveneL com too WELL CONSTRUCTION LOG Well ID PTW -4B Job Name Invista Job # 2130008.20 Date July 26,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2306042.824 NC NAD83 Northing: 203539.866 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 2 Silty SAND (SM):Tan, poorly sorted, fine to medium size rounded grains, pebbles 2 -3 mm in length present -25 to 40' BLS, soft, wet at -7 feet BLS 0 -45.0 ft 2" PVC Casing Native Soils .....-5... 0. ....0 ... . ft .............................. 45. 0 2" 10 -Slot Well Screen Boring Terminated @ 50.0' BLS 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 Notes: NR =No reading NA =Not Applicable BGS =Below ground TOC =Top of Casing Page 1 of 1 surface ppm =parts per million GW= Groundwater USCS = Unified Soil Classification System E -EI vafon Board of Commissioners o-,� ep�errpn er 6, 2016 115 MacKenan Drive Cary, North Carolina z75z1T9W0' 34Zb2 t- x919.467 6006 www withersraveneL com too WELL CONSTRUCTION LOG Well ID PTW -5A Job Name Invista Job # 2130008.20 Date July 26,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2305465.272 NC NAD83 Northing: 205072.462 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 1 Silty SAND (SM):Tan to orange, poorly sorted, fine to medium size rounded grains, soft, wet at -5 feet BLS 0 -10.0 ft 2" PVC Casing Native Soils ........ ............................... 10.0 -20.0 ft 2" 10 -Slot Well Screen Boring Terminated @ 20.0' BLS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notes: NR =No reading NA =Not Applicable BGS =Below ground TOC =Top of Casing Page 1 of 1 surface ppm =parts per million GW= Groundwater USCS = Unified Soil Classification System E -EI vafon Board of Commissioners o-,� ep�errppber 6, 2016 115 MacKenan Drive Cary, North Carolina z75z1T9WW0' 34A t-ax 919.467 6008 www withersraveneL com too WELL CONSTRUCTION LOG Well ID PTW -6A Job Name Invista Job # 2130008.20 Date July 26,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2304735.392 NC NAD83 Northing: 206667.785 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 1 Silty SAND (SM):Tan to orange, poorly sorted, fine to medium size rounded grains, soft, wet at -5 feet BLS 0 -10.0 ft 2" PVC Casing Native Soils ........ ............................... 10.0 -20.0 ft 2" 10 -Slot Well Screen Boring Terminated @ 20.0' BLS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notes: NR =No reading NA =Not Applicable BGS =Below ground TOC =Top of Casing Page 1 of 1 surface ppm =parts per million GW= Groundwater USCS = Unified Soil Classification System E -EI vafon Board of Commissioners o-,� ep�errppber 6, 2016 115 MacKenan Drive Cary, North Carolina �75z1T 9WW "' 3`'�4 t-ax.919.467 6008 www withersraveneL com too WELL CONSTRUCTION LOG Well ID PTW -6B Job Name Invista Job # 2130008.20 Date July 26,2016 Site Loc. Wilmington, NC TOC EL Not Surveyed W &R Rep Chris Fay Driller Geologic Exploration GW EL Not Surveyed NC NAD83 Easting: 2304713.299 NC NAD83 Northing: 206699.878 Depth in Feet VOC's (ppm) Soil Description (Field USCS Classification) Well Construction Horizon From To PID FID 0 soil cover Notes Ground Surface Notes 2 Silty SAND (SM):Tan, poorly sorted, fine to medium size rounded grains, pebbles 2 -3 mm in length present -25 to 40' BLS, soft, wet at -7 feet BLS 0 -42.0 ft 2" PVC Casing Native Soils .............. ............................... 42.0 -47.0 . ft 2" 10 -Slot Well Screen Boring Terminated @ 47.0' BLS 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 Clayey SAND (SC): Blue gray, poorly sorted, fine rounded grains, clay content 30 % -40% 48 50 Notes: NR =No reading NA =Not Applicable BGS =Below ground TOC =Top of Casing Page 1 of 1 surface ppm =parts per million GW= Groundwater USCS = Unified Soil Classification System E -EI vafon Board of Commissioners o-,� ep�errpn er 6, 2016 115 MacKenan Drive Cary, North Carolina �75z1T 9WW "' 3`A t- x919.467 6006 www withersraveneL com APPENDIX B FIELD NOTES Board of Commissioners - September 6, 2016 ITEM: 16- 13 - 26 T r-9 c '7 S Jj 1� n Qj lri 7 „ � � �1 y 7 � t� � � •i oI � N r a) (0 �r 0 Ln Lu . w E� E 0 U 0 -a m 0 m o log ' N 5 °° 1 � O N +' ` J1 cj co r"y_ 4 lj� � � r Z � . � 0 . .� . . . . . 7 . ( � / p © � 0 � » � � Z � . � 0 n � \ . 0 � » � � . . � ) C Q � JD _ n S.. ■ k � 2 E /\ )\ 0 // EE E / 0 \ 3 � \ . 0 _ � . . S.. ■ k � 2 E /\ )\ 0 // EE E / 0 \ 3 � n od . -- �C:) a) 0 0 LLu Ems_ E O U O -a co O m J � n od . -- �C:) a) 0 0 LLu Ems_ E O U O -a co O m - 5 - - K � � ! � a U U) � � O � K � � ! U U) k � \ �7 \� \\ E E� / \ 3 W0410 WitheFsRavenel Page Groundwater Sampling Form Site Name Well Depth (. t o Casing Material PVC Sampling Crew C Fay Pump Type peristaltic Weather Conditions of Job Number 2130008.01 State ID NA Well ID P—Tw ° 3 5 Invista Date 7/27/2016 Depth to Water Well Diameter 2" Screen Length S� Well Water Volume Tubing Type Teflon Line Intake set at Notes (eg odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr 9 ifrom TOC) f "als 1 [mn /1 1 l 0C1 fuS /cm1 [standard] (mV) tNTU) Other Parameters NA Sampled at G-) �A Parameters taken with YSI Pro /Lutron Turbidity L Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass t 14 Days SVOCs None 250 ml glass _ 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other 11 .55u��e�C CGn� e7r,dQ. vveil uoiume Lalculauon 1" well [well depth -depth to water] * 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] " 0.653 gallons Board of Commissioners - September 6, 2011d:\Revised GW Sampling Form 2010 ITEM: 16- 13 - 32 41 WithersRavenet Page of Job Number 2130008.01 Groundwater Sampling Form State ID NA Site Name Well Depth Casing Material PVC Sampling Crew C Fay Pump Type peristaltic Weather Conditions Invista WeIIID _3 Date 7/27/2016 Depth to Water �r . ; Well Diameter 2" Screen Length Well Water Volume Tubing Type Teflon Line Intake set at Notes (eg odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr.) (from TOC) IGals.) ma /L1 (OC) (uS /cm) (standard) (mv) (NTU) S7 Preservative - 1.8-3 7-6 "�5 S, g �7• 017 s- 250 ml glass - 1.21 2 c./ . L -7 -� :5- . qS , . _ Sulfuric Acid o (N1 28 Days o.2 t kk -2U. 1 't 5,?-I jo .- v Other -� I.ot "1W."5 Z .6 1t 5'. in �a tt7 1 4. a Uther Parameters NA Sampled at Ot Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass 14 Days SVOCs None 250 ml glass 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other Well Volume Calculation 1" well [well depth -depth to water] * 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] ' 0.653 gallons Board of Commissioners - September 6, 20 t Revised GW Sampling Form 2010 ITEM: 16- 13 - 33 41 WitheFSRavenei Page of Job Number 2130008.01 Groundwater Sampling Form State ID NA Site Name Well Depth Casing Material PVC Sampling Crew C Fay Pump Type peristaltic Weather Conditions Well ID %,a - 2 Invista Date 7/27/2016 Depth to Water ,mil "y Well Diameter 2" Screen Length Well Water Volume Tubing Type Teflon Line Intake set at Notes (eg. odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr 1 (from TOC) (Gals ) 'ma /L) (°C) (uS /cm) (standard) (mV) fNTU) Uther Parameters NA Sampled at -0-1i 4 Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottie ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass Z 14 Days SVOCs None 250 ml glass Z 7 Days Metals Nitric Acid 250 ml plastic 1 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other (-- r , 1 1} 01 2 vveii volume ualcuiarton 1" well [well depth -depth to water] " 0.0408 gallons 2" well [well depth -depth to water] *0.163 ftallons 4" well [well depth -depth to water] * 0.653 gallons Board of Commissioners - September 6, 20ht\Revised GW Sampling Form 2010 ITEM: 16- 13 - 34 "1 WlthersRavenel Groundwater Sampling Form Page of Job Number 2130008.01 State ID NA Well ID 1. -,. —'2 Site Name Invista Date 7/27/2016 Well Depth I Depth to Water Well Diameter 2" Casing Material PVC Screen Length r, 6 ' Well Water Volume Sampling Crew C Fly Pump Type peristaltic Tubing Type Teflon Line Intake set at `"2 Weather Conditions Notes (eg. odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity 1'?A I-Ir 1 ffrnm Tfl('1 1(ZaIC 1 imnll 1 f 0f1:1 hiq /r.n11 fstanrlarril lmV1 INTt11 r Preservative Bottle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass 2. 14 Days SVOCs None 250 ml glass Z 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Dth r {{ SO X11. C.��ui� f ox6 Ulm Other Parameters NA Sampled at Oq( Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass 2. 14 Days SVOCs None 250 ml glass Z 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Dth r {{ SO X11. C.��ui� f ox6 Well volume ualcuiaklon 1" well [well depth -depth to water] * 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] * 0.653 gallons Board of Commissioners - September 6, 20tk\Revised GW Sampling Form 2010 ITEM: 16- 13 - 35 WithersRavenel Page of Job Number 2130008.01 Groundwater Sampling Form State ID NA Well ID TVj -'Z. Site Name Invista Date 7/27/2016 Well Depth 14 Depth to Water 5 QT Well Diameter 2" Casing Material PVC Screen Length �; " ' Well Water Volume Sampling Crew C Fay Pump Type peristaltic Weather Conditions Tubing Type Teflon Line Intake set at Notes (eg odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr 1 (frnrn TOO) fGA.,; ) (mn /I 1 f °C) f „S /cm) (standard) (mV) (NTU) Other Parameters NA Sampled at 0940 Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass Z. 14 Days SVOCs None 250 ml glass t-- 7 Days Metals Nitric Acid 250 ml plastic I 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other 5 J Iu'4 a L CA, vveli Volume ualcuiation 1” well [well depth -depth to water] " 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] " 0.653 gallons Board of Commissioners - September 6, 20t&\Revised GW Sampling Form 2010 ITEM: 16- 13 - 36 1410 Page of �r 7„ I Pldnn-r5 1 S,,- Job Number 2130008.01 Groundwater Sampling Form State ID NA Site Name Well Depth c tz, Casing Material PVC Sampling Crew C Fay Pump Type peristaltic Weather Conditions Q.. U,G,nx' c.S Invista Well ID ?TL__1 — I Date 7/27/2016 Depth to Water 'j.`3 P Well Diameter 2" Screen Length I p Well Water Volume Tubing Type Teflon Line Intake set at Notes (eg. odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr.) (from TOC) (Gals.) (maU f"C) tuS /cml (standard) (mV) (NTU) Uther Parameters NA Sampled at [ %&D Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Battle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass 14 Days SVOCs None 250 ml glass 2 7 Days Metals Nitric Acid 250 ml plastic r 180 Days NO3 +NO2 Sulfuric Acid ` "M 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other -,UIF��� Uther Parameters NA Sampled at [ %&D Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Battle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass 14 Days SVOCs None 250 ml glass 2 7 Days Metals Nitric Acid 250 ml plastic r 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other -,UIF��� Well Volume Calculation 1" well [well depth -depth to water] * 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] * 0.653 gallons Board of Commissioners - September 6, 20i u\Revised GW Sampling Form 2010 ITEM: 16- 13 - 37 NOWithersRavenel Page of Job Number 2130008.01 Groundwater Sampling Form State ID NA Well ID M to - Site Name Invista �• 3` Date 7/27/2016 Well Depth Depth to Water `1 Well Diameter 2" Casing Material PVC Screen Length Well Water Volume Sampling Crew C Fa Pump Type peristaltic Tubing Type Teflon Line Intake set at Weather Conditions Notes (eg. odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity !7A Wr 1 Ornrn Tr)() f(_�le 1 frnn /1 1 10M Wnnri2rd) froW (NTU) Other Parameters NA Sampled at -� Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis VOCs Preservative HCL Bottle ware 40 ml VOAs glass Number of Battles Hold Time 14 Days SVOCs None 250 ml glass 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other _e5 J 4,�e C_ (6f, C. n3L, vveii vvume uaicutacion 1" well [well depth -depth to water] " 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] " 0.653 gallons Board of Commissioners - September 6, 20WRevised GW Sampling Form 2010 ITEM: 16- 13 - 38 I111111 WitheFSRavenet Page of Job Number 2130008.01 Groundwater Sampling Form State ID NA Well ID Site Name Invista Date 7/27/2016 Well Depth 2b Depth to Water �: �L`aa Well Diameter 2" Casing Material PVC Screen Length j b + Well Water Volume Sampling Crew C Fay Pump Type peristaltic Tubing Type Teflon Line Intake set at —7 e - Weather Conditions Notes (eg. odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr.) (from TOC) (Gals.) (maU ( °C) (uSlcm) (standard) (mV) (NTU) Other Parameters NA Sampled at Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Battles Hold Time VOCs HCL 40 ml VOAs glass 14 Days SVOCs None 250 ml glass 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other _1 t G Gln� e r wen volume uaicuiation 1" well [well depth -depth to water] " 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] ' 0.653 gallons Board of Commissioners - September 6, 204t\Revised GW Sampling Form 2010 ITEM: 16- 13 - 39 I, ,rtl,, avenet Page OM 1r,/ithersR of Job Number 2130008.01 Groundwater Sampling Form State ID NA Well ID v - (o Site Name Invista Date 7/27/2016 Well Depth �5_ o ' Depth to Water c? Gt Well Diameter 2" Casing Material PVC Screen Length Well Water Volume Sampling Crew C Fay Pump Type peristaltic Tubing Type Teflon Line Intake set at Weather Conditions Notes (eg. odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr.} {from TOC} (Gals ',mg/L) ("C) µSlcm} {standard] (n�V1 (NTU) 14 9 tl •S (I 2(01 S" 6 . .1• D 3, 1a ,1 2. -1 -ILI 210.13 oS" o•nL' 2 u. Z -7. 20. 6 K S — 2. Z V4 .- 2s' S' I .Z I 1 q. 11 O 1 -- z -1 44 Z 4 .3 '15-1 "1.3 z I G-7 2(21, a ) 0 5 2 n 2 11.2 -LS'6 '1.3 c 19. Other Parameters NA Sampled at 1 ftv� 1% Parameters taken with YSI ProlLutron Turbidity Samples delivered to _I ESC by Fed Ex at Analysis Preservative Bottle ware Number of Bottles Hold Time VC]CS HCL 40 ml VOAs glass 14 Days SVOCS None 250 ml glass 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other II Well Volume Calculation 1" well [well depth -depth to water] * 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] * 0.653 gallons Board of Commissioners - September 6, 201 Y:\Revised GW Sampling Form 2010 ITEM: 16- 13 - 40 WithersRavenel Page of Enotnec�s I F'i�nnars �i,,;�,�_, Job Number 2130008.01 Groundwater Sampling Form State ID NA Well ID :+n%,- Site Name Invista Date 7/27/2016 Well Depth f L' Depth to Water Well Diameter 2" Casing Material PVC Screen Length Well Water Volume Sampling Crew C Fay Pump Type peristaltic Tubing Type Teflon Line Intake set at Weather Conditions Notes (eg odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr.) (from TOC) IGals.1 tmo /L1 f °C1 (ilSlr.ml rstanriarrt] (MV) (NTI 1) 1 t 8 Preservative — 3, o �3 Z [r,.4 - o ']. 1 1 ,5-7 2 f. Il`il 250 ml plastic _ 1,L0 2o .o Z1 ,zl 0 l8 d 1 Liter glass 7 days Z,5 1 7 o f 1. 1 6 G j � '2'�,.6 __21� -7.10 a — 5 3 Z4.1 ZI 170 1.4.6 .uT ZI b t3 6 5- 34 utner varameters NA Sampled at S 1 5 Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Bottles Hold Time VOCs SVOCs HCL None 40 ml VOAs glass 250 ml glass 14 Days 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other` \\ 1 C ,, 1� ff.i.iL. C- it1Drt tl� j vveli volume ua culallon 1" well [well depth -depth to water] ' 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] ' 0.653 gallons Board of Commissioners - September 6, 20H6 \Revised GW Sampling Form 2010 ITEM: 16- 13 - 41 %0 WithersRavenel Page No of Job Number 2130008.01 Groundwater Sampling Form State ID NA Site Name Well Depth Casing Material PVC Sampling Crew C Fay Pump Type peristaltic Weather Conditions Invista Well IDT5 U4 - Date 7/2712016 Depth to Water Well Diameter 2" Screen Length Well Water Volume Tubing Type Teflon Line Intake set at Notes (eg odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr ] (from TOC) (Gals.) 'ma/11) (°C) (uS /cn11 Istandard) (mv) [NTU) Other Parameters NA Sampled at I 'LO Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Battles Hold Time VOCs HCL 40 ml VOAs glass 14 Days f Z o LY 250 ml glass — (p .37— Z y S S-2- -7'7 1 -1 Z- 11 1261 28 Days 0.2 C,34 ZW. 7 days G =31 63 1 5 IZ ;) Other e.1�1 k),- 4L s — . 6 2 -1 11 G�LS I I I'Zf3 — C.2I 23 Z -L 11 Z -9� G 24 14 + Other Parameters NA Sampled at I 'LO Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Battles Hold Time VOCs HCL 40 ml VOAs glass 14 Days SVOCs None 250 ml glass 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other e.1�1 k),- 4L s Well Volume Calculation 1" well [well depth -depth to water] " 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] ' 0.653 gallons Board of Commissioners - September 6, 20}k\Revised GW Sampling Form 2010 ITEM: 16- 13 - 42 "W WithersRavenel Page of Job Number 2130008.01 Groundwater Sampling Form State ID NA Site Name Well Depth ; Q Casing Material PVC Sampling Crew C Fey Pump Type peristaltic Weather Conditions Invista Well ID _ t,-1 Date 7/27/2016 Depth to Water_ Well Diameter 2" Screen Length '[j ' Well Water Volume Tubing Type Teflon Line Intake set at �-i ' Notes (eg odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity ,n,n u.. c .,. Tnrl� I rr„nfl rflrn 1 ^tilr.ml [ctanriarril (mV) (NTU) Other Parameters NA Sampled at 12 3O Parameters taken with YSI P-olLutron Turbidity Samples delivered to ESC by Fed Ex at Analysis VOCs Preservative HCL Bottle ware 40 ml VOAs glass Number of Bottles Hold Time 14 Days SVOCs None 250 ml glass 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other Well volume ualculanon 1" well [well depth -depth to water] " 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] " 0.653 gallons Board of Commissioners - September 6, 201 �:\Revised GW Sampling Form 2010 ITEM: 16- 13 - 43 .0 WithersRavenel Page of Job Number 2130008.01 Groundwater Sampling Form State ID NA Well ID VTW Site Name Invista Date 7/27/2016 Well Depth 7,0 Depth to Water . �' Well Diameter 2" Casing Material PVC Screen Length 10 Well Water Volume Sampling Crew C Fay Pump Type peristaltic Tubing Type Teflon Line Intake set at Weather Conditions Notes (eg. odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity (24 Hr.) (from TOC) (Gals ) IMolt l M -) hiR1rm] lctanrlarrl) Pml /) IKITI h utner rarameters NH Sampled at 13 I .S Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass 14 Days SVOCs None 250 ml glass 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides Pesticides None None 1 Liter glass 1 Liter glass 7 days 7 Days Other vvtJi, VU,urne �,d,cu,auvn 1" well [well depth -depth to water] " 0.0408 gallons 2" well [well depth -depth to water] *0.163 gallons 4" well [well depth -depth to water] * 0.653 gallons Board of Commissioners - September 6, 2(H:&Revised GW Sampling Form 2010 ITEM: 16- 13 - 44 %0 WithersRavenel Page of Job Number 2130008.01 Groundwater Sampling Form State ID NA Well ID F-.11 VJ --7,4 Site Name Invista Date 7/27/2016 Well Depth I Depth to Water 2,-1.3 Well Diameter 2" Casing Material PVC Screen Length Well Water Volume Sampling Crew C Fa Pump Type peristaltic Tubing Type Teflon Line Intake set at Weather Conditions Notes (eg. odor or color) Time Water Level Volume Purged DO Temp EC pH ORP Turbidity 17d Wr i Ifrnrn Tnr.s rr:ale 1 imnll 1 (0(:) e,Alrm) IOnnrtard fmV] INTU) Other Parameters NA Sampled at Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass 14 Days SVOCs None 250 ml glass 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass OEM- Other W' t 4d= Su i Other Parameters NA Sampled at Parameters taken with YSI Pro /Lutron Turbidity Samples delivered to ESC by Fed Ex at Analysis Preservative Bottle ware Number of Bottles Hold Time VOCs HCL 40 ml VOAs glass 14 Days SVOCs None 250 ml glass 7 Days Metals Nitric Acid 250 ml plastic 180 Days NO3 +NO2 Sulfuric Acid 125 ml plastic 28 Days Herbicides None 1 Liter glass 7 days Pesticides None 1 Liter glass 7 Days Other W' t 4d= Su i Well Volume [calculation 1" well [well depth -depth to water] * 0.0408 gallons 2" well [well depth -depth to water] *0.163 galloons 4" well [well depth -depth to water] * 0.653 allons Board of Commissioners - September 6, 20i*\Revised GW Sampling Form 2010 ITEM: 16- 13 - 45 APPEN DIX C ANALYTICAL RESULTS Board of Commissioners - September 6, 2016 ITEM: 16- 13 - 46 *ESC ANALYTICAL REPORT MyESC L -A•B S- C- 1•E- N -C•E -S August 04, 2016 My ESC 0 & Ravenel Eng. - Standard Sample Delivery Group: L849910 Samples Received: 07/28/2016 Project Number: 02130008.10 Description: Invista Report To: Chris Fay 115 MacKenan Drive Cary, NC 27511 Entire Report Reviewed By i Jimmy Hunt Technical Service Representative Results relate only to the items tested or calibrated and are reported as rounded values. This test report shall not be reproduced, except in full, without written approvR, ofthe laboratory. Where applicable, sampling conducted by ESC is performed per guidance provided in laboratory standard operating procedures: 060302, 060303, and 060304. Board of Commissioners - September 6, 2016 rim ITEM: 16- 13 - 47 - �awascien, TABLE OF CONTENTS 2Tc: Table of Contents 3Ss: Sample Summary 4Cn: Case Narrative 5Sr: Sample Results MW -1 L849910 -01 MW -1A L849910 -02 PTW -1A L849910 -03 TW -2 L849910 -04 PTW -2A L849910 -05 PTW -2 B L849910 -06 PTW -3A L849910 -07 PTW -313 L849910 -08 PTW -4A L849910 -09 PTW -413 L849910 -10 PTW -5A L849910 -11 PTW -6A L849910 -12 PTW -613 L849910 -13 MW -7A L849910 -14 60c: Quality Control Summary Wet Chemistry by Method 9056A Mercury by Method 7470A Metals (ICP) by Method 6010C Metals (ICPMS) by Method 6020 Volatile Organic Compounds (GC /MS) by Method 8260B Volatile Organic Compounds (GC /MS) by Method 8260B -SIM Semi Volatile Organic Compounds (GC /MS) by Method 8270C 7GI: Glossary of Terms $AL Accreditations & Locations 9Sc: Chain of Custody ONE LAB. NATIONWIDE. # Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 48 SDG: DATE /TIME: Withers & Ravenel Eng. - Standard 02130008.10 L349910 08/04/16 20 :36 1 2 3 6 7 7 11 12 16 20 24 28 32 36 37 38 39 40 41 42 42 45 46 48 50 54 55 59 60 61 FP 0 FS Fn Fr FC F, F FC PAGE: 2 of 65 MW -1 L849910 -01 GW Method Mercury by Method 7470A Metals (ICP) by Method 6010C Metals (ICPMS) by Method 6020 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Volatile Organic Compounds (GC /MS) by Method 8260B Volatile Organic Compounds (GC /MS) by Method 8260B -SIM Wet Chemistry by Method 9056A MW -1A L849910 -02 GW Method Metals (ICP) by Method 6010C Metals (ICPMS) by Method 6020 Wet Chemistry by Method 9056A SAMPLE SUMMARY Collected by Chris Fay Batch Dilution Preparation date /time date /time WG893755 1 07/29/161151 WG893995 1 07/30/16 08:41 WG893781 1 08/01/161113 WG893597 1 07/31/1612:24 WG893930 1 08/04/1610:3 8 WG894186 1 07/31/16 13 :11 WG894626 1 08/02/16 17 5 6 Batch WG894306 WG894054 WG894626 Collected by Chris Fay Dilution Preparation date /time 08/02/16 08:45 08/02/16 08:44 08/02/1618:26 ONE LAB. NATIONWIDE. # Collected date /time Received date /time 07/27/1610:30 07/28/16 09:00 Analysis Analyst date /time Collected date /time 07/27/1610:00 07/29/1618:01 TRB 07/30/1614:31 RIDS 08/04/1618:21 VSS 08/01/16 2158 JF 08/04/1610:38 JHH 07/31/1613:11 JHH 08/02/1617:56 CM Collected date /time Received date /time 07/27/161155 07/28/16 09:00 Analysis Analyst date /time Collected date /time 07/27/1610:00 08/02/1612:31 CCE 08/02/1618:13 VSS 08/02/1618:26 CM PTW -1A L849910 -03 GW Collected by Chris Fay Collected date /time 07/27/1610:00 Received date /time 07/28/16 09:00 Method Batch Dilution Preparation Analysis Analyst date /time date /time Mercury by Method 7470A WG893755 1 07/29/161151 07/29/1618:10 TRB Metals (ICP) by Method 6010C WG893995 1 07/30/16 08:41 07/31/1612:20 BRJ Metals (ICPMS) by Method 6020 WG893781 5 08/01/161113 08/04/1618:26 VSS Semi Volatile Organic Compounds (GC /MS) by Method 8270C WG893597 1 07/31/1612:24 08/02/16 00:18 JF Volatile Organic Compounds (GC /MS) by Method 8260B WG893930 1 08/04/1610:59 08/04/1610:59 JHH Volatile Organic Compounds (GC /MS) by Method 8260B -SIM WG894186 1 07/31/1613:31 07/31/1613:31 JHH Wet Chemistry by Method 9056A WG894626 1 08/02/1618:41 08/02/1618:41 CM FP FC Fn Fr FC �GI SAI RC TW -2 L849910 -04 GW Collected by Chris Fay Collected date /time 07/27/16 09:40 Received date /time 07/28/16 09:00 Method Batch Dilution Preparation Analysis Analyst date /time date /time Mercury by Method 7470A WG893755 1 07/29/161151 07/29/1618:13 TRB Metals (ICP) by Method 6010C WG893995 1 07/30/16 08:41 07/30/1614:36 RIDS Metals (ICPMS) by Method 6020 WG893781 1 08/01/161113 08/04/1618:31 VSS Semi Volatile Organic Compounds (GC /MS) by Method 8270C WG893597 1 07/31/1612:24 08/01/16 22:22 JF Volatile Organic Compounds (GC /MS) by Method 8260B WG893930 1 08/04/161120 08/04/161120 JHH Volatile Organic Compounds (GC /MS) by Method 8260B -SIM WG894186 1 07/31/1613:51 07/31/1613:51 JHH Wet Chemistry by Method 9056A WG894626 1 08/02/1618:56 08/02/1618:56 CM Collected by Collected date /time Received date /time PTW -2A L849910 -05 GW Chris Fay 07/27/16 09:15 07/28/16 09:00 Method Batch Dilution Preparation Analysis Analyst date /time date /time Mercury by Method 7470A WG893755 1 07/29/161151 07/29/1618:16 TRB Metals (ICP) by Method 6010C WG893995 1 07/30/16 08:41 07/30/1614:39 RIDS Metals (ICPMS) by Method 6020 WG893781 1 08/01/161113 08/04/1618:35 VSS Semi Volatile Organic Compounds (GC /MS) by Method 8270C WG893597 1 07/31/1612:24 08/01/16 22:45 JF Volatile Organic Compounds (GC /MS) by Method 8260B WG893930 1 08/04/161141 08/04/161141 JHH Volatile Organic Compounds (GC /MS) by Method 8260B -SIM WG894186 1 07/31/161410 07/31/1614:10 JHH Wet Chemistry by Method 9056A WG894626 1 08/02/1619:11 08/02/1619:11 CM Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 49 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 3 of 65 SAMPLE SUMMARY ONE LAB. NATIONWIDE. Collected by Collected date /time Received date /time PTW -2B L849910 -06 GW Chris Fay 07/27/16 08:45 07/28/16 09:00 FP Method Batch Dilution Preparation Analysis Analyst date /time date /time F Mercury by Method 7470A WG893755 1 07/29/161151 07/29/1618:19 TRB Metals (ICP) by Method 6010C WG893995 1 07/30/16 08:41 07/30/1614:42 RIDS Metals (ICPMS) by Method 6020 WG893781 1 08/01/161113 08/04/1618:40 VSS Semi Volatile Organic Compounds (GC /MS) by Method 8270C WG893597 1 07/31/1612:24 08/01/16 23:08 JF Volatile Organic Compounds (GC /MS) by Method 8260B WG893930 1 08/04/1612:02 08/04/1612:02 JHH Fn Volatile Organic Compounds (GC /MS) by Method 8260B -SIM WG894186 1 07/31/1614:29 07/31/1614:29 BMB Wet Chemistry by Method 9056A WG894626 1 08/02/1619:26 08/02/1619:26 CM Fr Collected by Collected date /time Received date /time PTW -3A L849910 -07 GW Chris Fay 07/27/16 08:15 07/28/16 09:00 FC Method Batch Dilution Preparation Analysis Analyst date /time date /time G� Mercury by Method 7470A WG893755 1 07/29/161151 07/29/1618:22 TRB Metals (ICP) by Method 6010C WG893995 1 07/30/16 08:41 07/30/1614:44 RIDS F Metals (ICPMS) by Method 6020 WG893781 1 08/01/161113 08/04/1618:45 VSS Semi Volatile Organic Compounds (GC /MS) by Method 8270C WG893597 1 07/31/1612:24 08/01/16 23:31 JF Volatile Organic Compounds (GC /MS) by Method 8260B WG893930 1 08/04/1612:23 08/04/1612:23 JHH RC Volatile Organic Compounds (GC /MS) by Method 8260B -SIM WG894186 1 07/31/1614:48 07/31/1614:48 BMB Wet Chemistry by Method 9056A WG894626 1 08/02/16 20:11 08/02/16 20:11 CM Collected by Collected date /time Received date /time PTW -3B L849910 -08 GW Chris Fay 07/27/16 07:45 07/28/16 09:00 Method Batch Dilution Preparation Analysis Analyst date /time date /time Mercury by Method 7470A WG893755 1 07/29/161151 07/29/1618:25 TRB Metals (ICP) by Method 6010C WG893995 1 07/30/16 08:41 07/30/1614:47 RIDS Metals (ICPMS) by Method 6020 WG893781 1 08/01/161113 08/04/1618:50 VSS Semi Volatile Organic Compounds (GC /MS) by Method 8270C WG893597 1 07/31/1612:24 08/01/16 23:55 JF Volatile Organic Compounds (GC /MS) by Method 8260B WG893930 1 08/04/1612:45 08/04/1612:45 JHH Volatile Organic Compounds (GC /MS) by Method 8260B -SIM WG894186 1 07/31/16 2111 07/31/16 2111 BMB Wet Chemistry by Method 9056A WG894626 1 08/02/16 20:26 08/02/16 20:26 CM Collected by Collected date /time Received date /time PTW -4A L849910 -09 GW Chris Fay 07/27/1613:15 07/28/16 09:00 Method Batch Dilution Preparation Analysis Analyst date /time date /time Metals (ICP) by Method 6010C 3 WG894306 1 08/02/16 08:45 08/02/1612:20 CCE Metals (ICPMS) by Method 6020 WG894054 1 08/02/16 08:44 08/02/1618:15 VSS Wet Chemistry by Method 9056A WG894627 1 08/02/16 07:22 08/02/16 07:22 CM Collected by Collected date /time Received date /time PTW -4B L849910 -10 GW Chris Fay 07/27/1612:50 07/28/16 09:00 Method Batch Dilution Preparation Analysis Analyst date /time date /time Metals (ICP) by Method 6010C WG894306 1 08/02/16 08:45 08/02/1612:33 CCE Metals (ICPMS) by Method 6020 WG894054 1 08/02/16 08:44 08/02/1618:17 VSS Wet Chemistry by Method 9056A WG894627 1 08/02/16 07:37 08/02/16 07:37 CM Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 50 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20:36 4 of 65 PTW -5A L849910 -11 GW Method Metals (ICP) by Method 6010C Metals (ICPMS) by Method 6020 Wet Chemistry by Method 9056A PTW -6A L849910 -12 GW Method Metals (ICP) by Method 6010C Metals (ICPMS) by Method 6020 Wet Chemistry by Method 9056A PTW -6B L849910 -13 GW Method Metals (ICP) by Method 6010C Metals (ICPMS) by Method 6020 Wet Chemistry by Method 9056A MW -7A L849910 -14 GW Method Metals (ICP) by Method 6010C Metals (ICPMS) by Method 6020 Wet Chemistry by Method 9056A SAMPLE SUMMARY Collected by Chris Fay Batch WG894306 WG894054 WG894627 Dilution Preparation date /time 1 08/02/16 08:44 1 08/02/16 07:52 Collected by Chris Fay Batch Collected by Chris Fay Batch Dilution Preparation WG894306 date /time WG894306 1 08/02/16 08:45 WG894054 1 08/02/16 08:44 WG894627 1 08/02/16 08:07 Collected by Chris Fay Batch Dilution Preparation Collected date /time date /time WG894306 1 08/02/16 08:45 WG894054 1 08/02/16 08:44 WG894627 1 08/02/16 08:51 FP Collected by Analyst Chris Fay Batch Dilution Preparation F date /time WG894306 1 08/02/16 08:45 WG894054 1 08/02/16 08:44 WG894627 1 08/02/16 09:21 ONE LAB. NATIONWIDE. VSS Collected date /time Received date /time Collected date /time 07/27/1612:20 07/28/16 09:00 07/28/16 09:00 Analysis Analyst FP Analysis Analyst CCE date /time VSS F 08/02/1612:36 CCE 08/02/16 VSS 08/02/16 07:52 07 CM 4 Collected date /time Received date /time Cn 07/27/161130 07/28/16 09:00 Analysis Analyst Fr date /time 08/02/1612:44 CCE 6 QC 08/02/1618:26 VSS 08/02/16 08:07 CM �GI Collected date /time Received date /time 07/27/161110 07/28/16 09:00 F Analysis Analyst 9 date /time SC 08/02/161247 CCE 08/02/1618:28 VSS 08/02/16 08:51 CM Collected date /time Received date /time 07/27/1613:45 07/28/16 09:00 Analysis Analyst date /time 08/02/1612:50 CCE 08/02/1618:30 VSS 08/02/16 09:21 CM Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 51 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20:36 5 of 65 CASE NARRATIVE ONE LAB. NATIONWIDE. * All MDL (LOD) and RDL (LOQ) values reported for environmental samples have been corrected for the FP dilution factor used in the analysis. All Method and Batch Quality Control are within established criteria except where addressed in this case narrative, a non - conformance form or properly qualified within the F sample results. By my digital signature below, I affirm to the best of my knowledge, all problems /anomalies observed by the laboratory as having the potential to affect the quality of the data have been identified by the laboratory, and no information or data have been knowingly withheld that F would affect the quality of the data. 0 Fr FC 6t F, Jimmy Hunt F Technical Service Representative RC Sample Handling and Receiving The analysis for 2- Chloroethyl Vinyl Ether was conducted from a chemically preserved container. ESC Sample ID Project Sample ID Method L349910 -01 MW -1 3260B L349910 -03 PTW -1A 3260B L349910 -04 TW -2 3260B L349910 -05 PTW -2A 3260B L349910 -06 PTW -213 3260B L349910 -07 PTW -3A 3260B L349910 -08 PTW -3B 3260B Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 52 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L349910 08/04/16 20 :36 6 of 65 MW -1 Collected date /time: 07/27/16 10:30 Wet Chemistry by Method 9056A SAMPLE RESULTS - 01 L849910 ONE LAB. NATIONWIDE. # Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Chloride 3900 1000 1 08/02/201617:56 WG894626 Sulfate 10600 5000 1 08/02/201617:56 WG894626 Mercury by Method 7470A 2.00 1 07/30/201614:31 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Mercury ND 0.200 1 07/29/201618:01 WG893755 Metals (ICP) by Method 6010C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Beryllium ND 2.00 1 07/30/201614:31 WG893995 Cadmium ND 2.00 1 07/30/201614:31 WG893995 Chromium ND 10.0 1 07/30/201614:31 WG893995 Copper ND 10.0 1 07/30/201614:31 WG893995 Nickel ND 10.0 1 07/30/201614:31 WG893995 Selenium ND 10.0 1 07/30/201614:31 WG893995 Silver ND 5.00 1 07/30/201614:31 WG893995 Zinc ND 50.0 1 07/30/201614:31 WG893995 Metals (ICPMS) by Method 6020 WG893930 1.00 1 08/04/201610:38 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time J4 50.0 1 Antimony ND 2.00 1 08/04/201618:21 WG893781 Arsenic ND 2.00 1 08/04/201618:21 WG893781 Lead ND 2.00 1 08/04/201618:21 WG893781 Thallium ND 2.00 1 08/04/201618:21 WG893781 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Analysis Batch ug /I date / time 50.0 1 08/04/201610:38 WG893930 J4 50.0 1 08/04/201610:38 WG893930 10.0 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 5.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 5.00 1 08/04/201610:38 WG893930 50.0 1 08/04/201610:38 WG893930 5.00 1 08/04/201610:38 WG893930 2.50 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 5.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 1.00 1 08/04/201610:38 WG893930 Board of Commissioners - September 6, 2016 PROJE4TEM: 16- 13 - 53 SDG: 02130008.10 L849910 Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 7 of 65 MW -1 SAMPLE Collected date /time: 07/27/16 10:30 Volatile Organic Compounds (GC /MS) by Method 8260B RESULTS - 01 L849910 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,2- Dichlorobenzene ND 1.00 1 08/04/201610:38 WG893930 1,3- Dichlorobenzene ND 1.00 1 08/04/201610:38 WG893930 1,4- Dichlorobenzene ND 1.00 1 08/04/201610:38 WG893930 Dichlorodifuoromethane ND 5.00 1 08/04/201610:38 WG893930 1,1- Dichloroethane ND 1.00 1 08/04/201610:38 WG893930 1,2- Dichloroethane ND 1.00 1 08/04/201610:38 WG893930 1,1- Dichloroethene ND 1.00 1 08/04/201610:38 WG893930 cis -1,2- Dichloroethene ND 1.00 1 08/04/201610:38 WG893930 trans -1,2- Dichloroethene ND 1.00 1 08/04/201610:38 WG893930 1,2- Dichloropropane ND 1.00 1 08/04/201610:38 WG893930 1,1- Dichloropropene ND 1.00 1 08/04/201610:38 WG893930 1,3- Dichloropropane ND 1.00 1 08/04/201610:38 WG893930 cis -1,3- Dichloropropene ND 1.00 1 08/04/201610:38 WG893930 trans -1,3- Dichloropropene ND 1.00 1 08/04/201610:38 WG893930 2,2- Dichloropropane ND 1.00 1 08/04/201610:38 WG893930 Di- isopropyl ether ND 1.00 1 08/04/201610:38 WG893930 Ethylbenzene ND 1.00 1 08/04/201610:38 WG893930 Hexachloro -1,3- butadiene ND 1.00 1 08/04/201610:38 WG893930 Isopropyl benzene ND 1.00 1 08/04/201610:38 WG893930 p- Isopropyltoluene ND 1.00 1 08/04/201610:38 WG893930 2- Butanone (MEK) ND 10.0 1 08/04/201610:38 WG893930 Methylene Chloride ND 5.00 1 08/04/201610:38 WG893930 4- Methyl -2- pentanone (MIBK) ND 10.0 1 08/04/201610:38 WG893930 Methyl tert -butyl ether ND 1.00 1 08/04/201610:38 WG893930 Naphthalene ND 5.00 1 08/04/201610:38 WG893930 n- Propylbenzene ND 1.00 1 08/04/201610:38 WG893930 Styrene ND 1.00 1 08/04/201610:38 WG893930 1,1,1,2 - Tetrachloroethane ND 1.00 1 08/04/201610:38 WG893930 1,1,2,2 - Tetrachloroethane ND 1.00 1 08/04/201610:38 WG893930 1,1,2 - Trichlorotrifluoroethane ND 1.00 1 08/04/201610:38 WG893930 Tetrachloroethene ND 1.00 1 08/04/201610:38 WG893930 Toluene ND 5.00 1 08/04/201610:38 WG893930 1,2,3 - Trichlorobenzene ND 1.00 1 08/04/201610:38 WG893930 1,2,4 - Trichlorobenzene ND 1.00 1 08/04/201610:38 WG893930 1,1,1 - Trichloroethane ND 1.00 1 08/04/201610:38 WG893930 1,1,2 - Trichloroethane ND 1.00 1 08/04/201610:38 WG893930 Trichloroethene ND 1.00 1 08/04/201610:38 WG893930 Trichlorofluoromethane ND 5.00 1 08/04/201610:38 WG893930 1,2,3 - Trichloropropane ND 2.50 1 08/04/201610:38 WG893930 1,2,4 - Trimethylbenzene ND 1.00 1 08/04/201610:38 WG893930 1,2,3 - Trimethylbenzene ND 1.00 1 08/04/201610:38 WG893930 1,3,5 - Trimethylbenzene ND 1.00 1 08/04/201610:38 WG893930 Vinyl chloride ND 1.00 1 08/04/201610:38 WG893930 Xylenes, Total ND 3.00 1 08/04/201610:38 WG893930 (S) Toluene -d8 970 90.0 -115 08/04/201610.38 WG893930 (S) Dibromofluoromethone 973 79.0 -121 08/04/201610.38 WG893930 (S) 4- Bromofluorobenzene 103 80.1 -120 08/04/201610.38 WG893930 Volatile Organic Compounds (GC /MS) by Method 8260B -SIM Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,4- Dioxane ND 3.00 1 07/31/201613:11 WG894186 (S) Toluene -d8 102 70.0 -130 0713112016 13.11 WG894186 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 54 SDG: Withers & Ravenel Eng. - Standard 02130008.10 L849910 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 3 of 65 MW -1 SAMPLE RESULTS - 01 ONE LAB. NATIONWIDE. # Collected date /time: 07/27/16 10:30 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch I Cp Analyte ug /I ug /I date / time u Acenaphthene ND 1.00 1 08/01/2016 21:58 WG893597 Fc Acenaphthylene ND 1.00 1 08/01/2016 21:58 WG893597 Anthracene ND 1.00 1 08/01/2016 21:58 WG893597 Benzidine ND 10.0 1 08/01/2016 21:58 WG893597 F Benzo(a)anthracene ND 1.00 1 08/01/2016 21:58 WG893597 Benzo(b)fluoranthene ND 1.00 1 08/01/20162158 WG893597 Fn Benzo(k)fluoranthene ND 1.00 1 08/01/2016 21:58 WG893597 Benzo(g,h,i)perylene ND 1.00 1 08/01/201621:58 WG893597 Benzo(a)pyrene ND 1.00 1 08/01/2016 2158 WG893597 Bis(2- chlorethoxy)methane ND 10.0 1 08/01/2016 21:58 WG893597 Bis(2- chloroethyl)ether ND 10.0 1 08/01/201621:58 WG893597 F Bis(2- chloroisopropyl)ether ND 10.0 1 08/01/2016 21:58 WG893597 4- Bromophenyl - phenylether ND 10.0 1 08/01/2016 21:58 WG893597 2- Chloronaphthalene ND 1.00 1 08/01/2016 2158 WG893597 GI 4- Chlorophenyl - phenylether ND 10.0 1 08/01/2016 21:58 WG893597 Chrysene ND 1.00 1 08/01/2016 21:58 WG893597 Dibenz(a,h)anthracene ND 1.00 1 08/01/201621:58 WG893597 3,3- Dichlorobenzidine ND 10.0 1 08/01/2016 21:58 WG893597 2,4- Dinitrotoluene ND 10.0 1 08/01/2016 2158 WG893597 F 2,6- Dinitrotoluene ND 10.0 1 08/01/2016 21:58 WG893597 Fluoranthene ND 1.00 1 08/01/2016 21:58 WG893597 Fluorene ND 1.00 1 08/01/2016 21:58 WG893597 Hexachlorobenzene ND 1.00 1 08/01/2016 21:58 WG893597 Hexachloro -1,3- butadiene ND 10.0 1 08/01/2016 21:58 WG893597 Hexachlorocyclopentadiene ND 10.0 1 08/01/2016 21:58 WG893597 Hexachloroethane ND 10.0 1 08/01/2016 21:58 WG893597 Indeno(1,2,3- cd)pyrene ND 1.00 1 08/01/2016 21:58 WG893597 Isophorone ND 10.0 1 08/01/2016 21:58 WG893597 Naphthalene ND 1.00 1 08/01/2016 21:58 WG893597 Nitrobenzene ND 10.0 1 08/01/2016 21:58 WG893597 n- Nitrosodimethylamine ND 10.0 1 08/01/2016 21:58 WG893597 n- Nitrosodiphenylamine ND 10.0 1 08/01/2016 21:58 WG893597 n- Nitrosodi- n- propylamine ND 10.0 1 08/01/2016 21:58 WG893597 Phenanthrene ND 1.00 1 08/01/2016 21:58 WG893597 Benzylbutyl phthalate ND 3.00 1 08/01/2016 21:58 WG893597 B is(2-ethyl hexyl)phthal ate ND 3.00 1 08/01/2016 21:58 WG893597 Di -n -butyl phthalate ND 3.00 1 08/01/2016 21:58 WG893597 Diethyl phthalate ND 3.00 1 08/01/2016 21:58 WG893597 Dimethyl phthalate ND 3.00 1 08/01/2016 21:58 WG893597 Di -n -octyl phthalate ND 3.00 1 08/01/2016 21:58 WG893597 Pyrene ND 1.00 1 08/01/2016 21:58 WG893597 1,2,4 - Trichlorobenzene ND 10.0 1 08/01/2016 21:58 WG893597 4- Chloro- 3- methyl phenol ND 10.0 1 08/01/2016 21:58 WG893597 2- Chlorophenol ND 10.0 1 08/01/2016 21:58 WG893597 2,4- Dichlorophenol ND 10.0 1 08/01/2016 21:58 WG893597 2,4- Dimethylphenol ND 10.0 1 08/01/2016 21:58 WG893597 4,6- Dinitro -2- methylphenol ND 10.0 1 08/01/2016 21:58 WG893597 2,4- Dinitrophenol ND 10.0 1 08/01/2016 21:58 WG893597 2- Nitrophenol ND 10.0 1 08/01/2016 21:58 WG893597 4- Nitrophenol ND 10.0 1 08/01/2016 21:58 WG893597 Pentachlorophenol ND 10.0 1 08/01/2016 21:58 WG893597 Phenol ND 10.0 1 08/01/2016 21:58 WG893597 2,4,6 - Trichlorophenol ND 10.0 1 08/01/2016 21:58 WG893597 (S) Nitrobenzene-d5 47.7 21.8 -123 08/01/201621.58 WG893597 (S) 2- Fluorobiphenyl 64.4 29.5 -131 08/01/201621.58 WG893597 (S) p- Terphenyl -d14 70.2 29.3 -137 08/01/201621.58 WG893597 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 55 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 9 of 65 MW -1 SAMPLE RESULTS - 01 Collected date /time: 07/27/16 10:30 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I (S) Phenol -d5 31.7 (S) 2- Fluorophenol 39.2 (S) 2,4, 6- Tribromophenol 68.0 ug /I date / time 5.00 -70.1 08/01/201621.58 WG893597 10.0 -77.9 08/01/201621.58 WG893597 11.2 -130 08/01/201621.58 WG893597 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 56 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 10 of 65 MW -1A Collected date /time: 07/27/16 11:55 Wet Chemistry by Method 9056A Result Analyte ug /I Chloride 4380 Sulfate 9660 Metals (ICP) by Method 6010C SAMPLE RESULTS - 02 L849910 Qualifier RDL Dilution Analysis Batch ug /I date / time 1000 1 08/02/201618:26 WG894626 5000 1 08/02/201618:26 WG894626 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Arsenic ND 10.0 1 08/02/201612:31 WG894306 Boron ND 200 1 08/02/201612:31 WG894306 Cadmium ND 2.00 1 08/02/201612:31 WG894306 Cobalt 13.1 10.0 1 08/02/201612:31 WG894306 Iron 577 100 1 08/02/201612:31 WG894306 Manganese 186 10.0 1 08/02/201612:31 WG894306 Vanadium ND 20.0 1 08/02/201612:31 WG894306 Metals (ICPMS) by Method 6020 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 57 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 11 of 65 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Antimony ND 2.00 1 08/02/201618:13 WG894054 Lead ND 2.00 1 08/02/201618:13 WG894054 Selenium ND 2.00 1 08/02/201618:13 WG894054 Thallium ND 2.00 1 08/02/201618:13 WG894054 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 57 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 11 of 65 PTW -1A Collected date /time: 07/27/16 10:00 Wet Chemistry by Method 9056A SAMPLE RESULTS - 03 L849910 ONE LAB. NATIONWIDE. # Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Chloride 7010 1000 1 08/02/201618:41 WG894626 Sulfate 5460 5000 1 08/02/201618:41 WG894626 Mercury by Method 7470A 2.00 1 07/31/201612:20 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Mercury ND 0.200 1 07/29/201618:10 WG893755 Metals (ICP) by Method 6010C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Beryllium ND 2.00 1 07/31/201612:20 WG893995 Cadmium ND 2.00 1 07/31/201612:20 WG893995 Chromium ND 10.0 1 07/31/201612:20 WG893995 Copper ND 10.0 1 07/31/201612:20 WG893995 Nickel ND 10.0 1 07/31/201612:20 WG893995 Selenium ND 10.0 1 07/31/201612:20 WG893995 Silver ND 5.00 1 07/31/201612:20 WG893995 Zinc ND 50.0 1 07/31/201612:20 WG893995 Metals (ICPMS) by Method 6020 WG893930 1.00 1 08/04/201610:59 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I J4 50.0 1 date / time WG893930 Antimony ND 10.0 5 08/04/201618:26 WG893781 Arsenic ND 10.0 5 08/04/201618:26 WG893781 Lead 16.0 10.0 5 08/04/201618:26 WG893781 Thallium ND 10.0 5 08/04/201618:26 WG893781 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Analysis Batch ug /I date / time 50.0 1 08/04/201610:59 WG893930 J4 50.0 1 08/04/201610:59 WG893930 10.0 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 5.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 5.00 1 08/04/201610:59 WG893930 50.0 1 08/04/201610:59 WG893930 5.00 1 08/04/201610:59 WG893930 2.50 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 5.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 1.00 1 08/04/201610:59 WG893930 Board of Commissioners - September 6, 2016 PROJE4TEM: 16- 13 - 58 SDG: 02130008.10 L849910 Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 12 of 65 PTW -1A SAMPLE RESULTS - 03 ONE LAB. NATIONWIDE. Collected date /time: 07/27/16 10:00 L849910 Volatile Organic Compounds (GC /MS) by Method 8260B Result Qualifier RDL Dilution Analysis Batch FP Analyte ug /I ug /I date / time 1,2- Dichlorobenzene ND 1.00 1 08/04/201610:59 WG893930 z Tc 1,3- Dichlorobenzene ND 1.00 1 08/04/201610:59 WG893930 1,4- Dichlorobenzene ND 1.00 1 08/04/201610:59 WG893930 Dichlorodifluoromethane ND 5.00 1 08/04/201610:59 WG893930 F 1,1- Dichloroethane ND 1.00 1 08/04/201610:59 WG893930 1,2- Dichloroethane ND 1.00 1 08/04/201610:59 WG893930 Fn 1,1- Dichloroethene ND 1.00 1 08/04/201610:59 WG893930 cis -1,2- Dichloroethene ND 1.00 1 08/04/201610:59 WG893930 trans -1,2- Dichloroethene ND 1.00 1 08/04/201610:59 WG893930 1,2- Dichloropropane ND 1.00 1 08/04/201610:59 WG893930 1,1- Dichloropropene ND 1.00 1 08/04/201610:59 WG893930 QC 1,3- Dichloropropane ND 1.00 1 08/04/201610:59 WG893930 cis -1,3- Dichloropropene ND 1.00 1 08/04/201610:59 WG893930 trans -1,3- Dichloropropene ND 1.00 1 08/04/201610:59 WG893930 GI 2,2- Dichloropropane ND 1.00 1 08/04/201610:59 WG893930 Di- isopropyl ether ND 1.00 1 08/04/201610:59 WG893930 Ethylbenzene ND 1.00 1 08/04/201610:59 WG893930 Hexachloro -1,3- butadiene ND 1.00 1 08/04/201610:59 WG893930 Isopropyl benzene ND 1.00 1 08/04/201610:59 WG893930 Rc p- Isopropyltoluene ND 1.00 1 08/04/201610:59 WG893930 2- Butanone (MEK) ND 10.0 1 08/04/201610:59 WG893930 Methylene Chloride ND 5.00 1 08/04/201610:59 WG893930 4- Methyl -2- pentanone (MIBK) ND 10.0 1 08/04/201610:59 WG893930 Methyl tert -butyl ether ND 1.00 1 08/04/201610:59 WG893930 Naphthalene ND 5.00 1 08/04/201610:59 WG893930 n- Propylbenzene ND 1.00 1 08/04/201610:59 WG893930 Styrene ND 1.00 1 08/04/201610:59 WG893930 1,1,1,2 - Tetrachloroethane ND 1.00 1 08/04/201610:59 WG893930 1,1,2,2 - Tetrachloroethane ND 1.00 1 08/04/201610:59 WG893930 1,1,2 - Trichlorotrifluoroethane ND 1.00 1 08/04/201610:59 WG893930 Tetrachloroethene ND 1.00 1 08/04/201610:59 WG893930 Toluene ND 5.00 1 08/04/201610:59 WG893930 1,2,3 - Trichlorobenzene ND 1.00 1 08/04/201610:59 WG893930 1,2,4 - Trichlorobenzene ND 1.00 1 08/04/201610:59 WG893930 1,1,1 - Trichloroethane ND 1.00 1 08/04/201610:59 WG893930 1,1,2 - Trichloroethane ND 1.00 1 08/04/201610:59 WG893930 Trichloroethene ND 1.00 1 08/04/201610:59 WG893930 Trichlorofluoromethane ND 5.00 1 08/04/201610:59 WG893930 1,2,3 - Trichloropropane ND 2.50 1 08/04/201610:59 WG893930 1,2,4 - Trimethylbenzene ND 1.00 1 08/04/201610:59 WG893930 1,2,3 - Trimethylbenzene ND 1.00 1 08/04/201610:59 WG893930 1,3,5 - Trimethylbenzene ND 1.00 1 08/04/201610:59 WG893930 Vinyl chloride ND 1.00 1 08/04/201610:59 WG893930 Xylenes, Total ND 3.00 1 08/04/201610:59 WG893930 (S) Toluene -d8 98.5 90.0 -115 08/04/201610.59 WG893930 (S) Dibromofluoromethone 96.1 79.0 -121 08/04/201610.59 WG893930 (S) 4- Bromofluorobenzene 101 80.1 -120 08/04/201610.59 WG893930 Volatile Organic Compounds (GC /MS) by Method 8260B -SIM Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,4- Dioxane ND 3.00 1 07/31/201613:31 WG894186 (S) Toluene -d8 103 70.0 -130 0713112016 13.31 WG894186 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 59 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20:36 13 of 65 PTW -1A SAMPLE RESULTS - 03 ONE LAB. NATIONWIDE. # Collected date /time: 07/27/16 10:00 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch I Cp Analyte ug /I ug /I date / time u Acenaphthene ND 1.00 1 08/02/2016 0018 WG893597 Fc Acenaphthylene ND 1.00 1 08/02/2016 0018 WG893597 Anthracene ND 1.00 1 08/02/2016 0018 WG893597 Benzidine ND 10.0 1 08/02/2016 0018 WG893597 F Benzo(a)anthracene ND 1.00 1 08/02/2016 0018 WG893597 Benzo(b)fluoranthene ND 1.00 1 08/02/201600:18 WG893597 Fn Benzo(k)fluoranthene ND 1.00 1 08/02/2016 0018 WG893597 Benzo(g,h,i)perylene ND 1.00 1 08/02/2016 0018 WG893597 Benzo(a)pyrene ND 1.00 1 08/02/2016 00:18 WG893597 Bis(2- chlorethoxy)methane ND 10.0 1 08/02/2016 0018 WG893597 Bis(2- chloroethyl)ether ND 10.0 1 08/02/2016 0018 WG893597 F Bis(2- chloroisopropyl)ether ND 10.0 1 08/02/2016 0018 WG893597 4- Bromophenyl - phenylether ND 10.0 1 08/02/2016 0018 WG893597 2- Chloronaphthalene ND 1.00 1 08/02/2016 00:18 WG893597 GI 4- Chlorophenyl - phenylether ND 10.0 1 08/02/2016 0018 WG893597 Chrysene ND 1.00 1 08/02/2016 0018 WG893597 Dibenz(a,h)anthracene ND 1.00 1 08/02/2016 0018 WG893597 3,3- Dichlorobenzidine ND 10.0 1 08/02/2016 0018 WG893597 2,4- Dinitrotoluene ND 10.0 1 08/02/2016 00:18 WG893597 F 2,6- Dinitrotoluene ND 10.0 1 08/02/2016 0018 WG893597 Fluoranthene ND 1.00 1 08/02/2016 0018 WG893597 Fluorene ND 1.00 1 08/02/2016 0018 WG893597 Hexachlorobenzene ND 1.00 1 08/02/2016 0018 WG893597 Hexachloro -1,3- butadiene ND 10.0 1 08/02/2016 0018 WG893597 Hexachlorocyclopentadiene ND 10.0 1 08/02/2016 0018 WG893597 Hexachloroethane ND 10.0 1 08/02/2016 0018 WG893597 Indeno(1,2,3- cd)pyrene ND 1.00 1 08/02/2016 0018 WG893597 Isophorone ND 10.0 1 08/02/2016 0018 WG893597 Naphthalene ND 1.00 1 08/02/2016 0018 WG893597 Nitrobenzene ND 10.0 1 08/02/2016 0018 WG893597 n- Nitrosodimethylamine ND 10.0 1 08/02/2016 0018 WG893597 n- Nitrosodiphenylamine ND 10.0 1 08/02/2016 0018 WG893597 n- Nitrosodi- n- propylamine ND 10.0 1 08/02/2016 0018 WG893597 Phenanthrene ND 1.00 1 08/02/2016 0018 WG893597 Benzylbutyl phthalate ND 3.00 1 08/02/2016 0018 WG893597 B is(2-ethyl hexyl)phthal ate ND 3.00 1 08/02/2016 0018 WG893597 Di -n -butyl phthalate ND 3.00 1 08/02/2016 0018 WG893597 Diethyl phthalate ND 3.00 1 08/02/2016 0018 WG893597 Dimethyl phthalate ND 3.00 1 08/02/2016 0018 WG893597 Di -n -octyl phthalate ND 3.00 1 08/02/2016 0018 WG893597 Pyrene ND 1.00 1 08/02/2016 0018 WG893597 1,2,4 - Trichlorobenzene ND 10.0 1 08/02/2016 0018 WG893597 4- Chloro- 3- methyl phenol ND 10.0 1 08/02/2016 0018 WG893597 2- Chlorophenol ND 10.0 1 08/02/2016 0018 WG893597 2,4- Dichlorophenol ND 10.0 1 08/02/2016 0018 WG893597 2,4- Dimethylphenol ND 10.0 1 08/02/2016 0018 WG893597 4,6- Dinitro -2- methylphenol ND 10.0 1 08/02/2016 0018 WG893597 2,4- Dinitrophenol ND 10.0 1 08/02/2016 0018 WG893597 2- Nitrophenol ND 10.0 1 08/02/2016 0018 WG893597 4- Nitrophenol ND 10.0 1 08/02/2016 0018 WG893597 Pentachlorophenol ND 10.0 1 08/02/2016 0018 WG893597 Phenol ND 10.0 1 08/02/2016 0018 WG893597 2,4,6 - Trichlorophenol ND 10.0 1 08/02/2016 0018 WG893597 (S) Nitrobenzene -d5 52.3 21.8 -123 0810212016 00.18 WG893597 (S) 2- Fluorobiphenyl 63.9 29.5 -131 0810212016 00.18 WG893597 (S) p- Terphenyl -d14 64.3 29.3 -137 0810212016 00.18 WG893597 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 60 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 14 of 65 PTW -1A SAMPLE RESULTS - 03 Collected date /time: 07/27/16 10:00 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time (S) Phenol -d5 30.9 5.00 -70.1 0810212016 00.18 WG893597 (S) 2- Fluorophenol 42.4 10.0 -77.9 0810212016 00.18 WG893597 (S) 2,4, 6- Tribromophenol 68.7 11.2 -130 0810212016 00.18 WG893597 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 61 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 15 of 65 TW -2 Collected date /time: 07/27/16 09:40 Wet Chemistry by Method 9056A SAMPLE RESULTS - 04 L849910 ONE LAB. NATIONWIDE. # Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Chloride 3850 1000 1 08/02/201618:56 WG894626 Sulfate 12400 5000 1 08/02/201618:56 WG894626 Mercury by Method 7470A 2.00 1 07/30/201614:36 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Mercury ND 0.200 1 07/29/201618:13 WG893755 Metals (ICP) by Method 6010C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Beryllium ND 2.00 1 07/30/201614:36 WG893995 Cadmium ND 2.00 1 07/30/201614:36 WG893995 Chromium ND 10.0 1 07/30/201614:36 WG893995 Copper ND 10.0 1 07/30/201614:36 WG893995 Nickel ND 10.0 1 07/30/201614:36 WG893995 Selenium ND 10.0 1 07/30/201614:36 WG893995 Silver ND 5.00 1 07/30/201614:36 WG893995 Zinc ND 50.0 1 07/30/201614:36 WG893995 Metals (ICPMS) by Method 6020 WG893930 1.00 1 08/04/20161120 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time J4 50.0 1 Antimony ND 2.00 1 08/04/201618:31 WG893781 Arsenic ND 2.00 1 08/04/201618:31 WG893781 Lead ND 2.00 1 08/04/201618:31 WG893781 Thallium ND 2.00 1 08/04/201618:31 WG893781 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Analysis Batch ug /I date / time 50.0 1 08/04/20161120 WG893930 J4 50.0 1 08/04/20161120 WG893930 10.0 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 5.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 5.00 1 08/04/20161120 WG893930 50.0 1 08/04/20161120 WG893930 5.00 1 08/04/20161120 WG893930 2.50 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 5.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 1.00 1 08/04/20161120 WG893930 Board of Commissioners - September 6, 2016 PROJE4TEM: 16- 13 - 62 SDG: 02130008.10 L849910 Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 16 of 65 TW -2 SAMPLE Collected date /time: 07/27/16 09:40 Volatile Organic Compounds (GC /MS) by Method 8260B RESULTS - 04 L849910 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,2- Dichlorobenzene ND 1.00 1 08/04/20161120 WG893930 1,3- Dichlorobenzene ND 1.00 1 08/04/20161120 WG893930 1,4- Dichlorobenzene ND 1.00 1 08/04/20161120 WG893930 Dichlorodifuoromethane ND 5.00 1 08/04/20161120 WG893930 1,1- Dichloroethane ND 1.00 1 08/04/20161120 WG893930 1,2- Dichloroethane ND 1.00 1 08/04/20161120 WG893930 1,1- Dichloroethene ND 1.00 1 08/04/20161120 WG893930 cis -1,2- Dichloroethene ND 1.00 1 08/04/20161120 WG893930 trans -1,2- Dichloroethene ND 1.00 1 08/04/20161120 WG893930 1,2- Dichloropropane ND 1.00 1 08/04/20161120 WG893930 1,1- Dichloropropene ND 1.00 1 08/04/20161120 WG893930 1,3- Dichloropropane ND 1.00 1 08/04/20161120 WG893930 cis -1,3- Dichloropropene ND 1.00 1 08/04/20161120 WG893930 trans -1,3- Dichloropropene ND 1.00 1 08/04/20161120 WG893930 2,2- Dichloropropane ND 1.00 1 08/04/20161120 WG893930 Di- isopropyl ether ND 1.00 1 08/04/20161120 WG893930 Ethylbenzene ND 1.00 1 08/04/20161120 WG893930 Hexachloro -1,3- butadiene ND 1.00 1 08/04/20161120 WG893930 Isopropyl benzene ND 1.00 1 08/04/20161120 WG893930 p- Isopropyltoluene ND 1.00 1 08/04/20161120 WG893930 2- Butanone (MEK) ND 10.0 1 08/04/20161120 WG893930 Methylene Chloride ND 5.00 1 08/04/20161120 WG893930 4- Methyl -2- pentanone (MIBK) ND 10.0 1 08/04/20161120 WG893930 Methyl tert -butyl ether ND 1.00 1 08/04/201611:20 WG893930 Naphthalene ND 5.00 1 08/04/20161120 WG893930 n- Propylbenzene ND 1.00 1 08/04/20161120 WG893930 Styrene ND 1.00 1 08/04/20161120 WG893930 1,1,1,2 - Tetrachloroethane ND 1.00 1 08/04/20161120 WG893930 1,1,2,2 - Tetrachloroethane ND 1.00 1 08/04/20161120 WG893930 1,1,2 - Trichlorotrifluoroethane ND 1.00 1 08/04/201611:20 WG893930 Tetrachloroethene ND 1.00 1 08/04/20161120 WG893930 Toluene ND 5.00 1 08/04/20161120 WG893930 1,2,3 - Trichlorobenzene ND 1.00 1 08/04/20161120 WG893930 1,2,4 - Trichlorobenzene ND 1.00 1 08/04/20161120 WG893930 1,1,1 - Trichloroethane ND 1.00 1 08/04/20161120 WG893930 1,1,2 - Trichloroethane ND 1.00 1 08/04/20161120 WG893930 Trichloroethene ND 1.00 1 08/04/20161120 WG893930 Trichlorofluoromethane ND 5.00 1 08/04/20161120 WG893930 1,2,3 - Trichloropropane ND 2.50 1 08/04/20161120 WG893930 1,2,4 - Trimethylbenzene ND 1.00 1 08/04/20161120 WG893930 1,2,3 - Trimethylbenzene ND 1.00 1 08/04/20161120 WG893930 1,3,5 - Trimethylbenzene ND 1.00 1 08/04/20161120 WG893930 Vinyl chloride ND 1.00 1 08/04/20161120 WG893930 Xylenes, Total ND 3.00 1 08/04/20161120 WG893930 (S) Toluene -d8 973 90.0 -115 08/04/201611.20 WG893930 (S) Dibromofluoromethone 95.7 79.0 -121 08/04/201611.20 WG893930 (S) 4- Bromofluorobenzene 103 80.1 -120 08/04/201611.20 WG893930 Volatile Organic Compounds (GC /MS) by Method 8260B -SIM Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,4- Dioxane ND 3.00 1 07/31/201613:51 WG894186 (S) Toluene -d8 95.5 70.0 -130 0713112016 13.51 WG894186 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 63 SDG: Withers & Ravenel Eng. - Standard 02130008.10 L849910 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 17 of 65 TW -2 SAMPLE RESULTS - 04 ONE LAB. NATIONWIDE. # Collected date /time: 07/27/16 09:40 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch I Cp Analyte ug /I ug /I date / time u Acenaphthene ND 1.00 1 08/01/2016 22:22 WG893597 Fc Acenaphthylene ND 1.00 1 08/01/2016 22:22 WG893597 Anthracene ND 1.00 1 08/01/2016 22:22 WG893597 Benzidine ND 10.0 1 08/01/2016 22:22 WG893597 F Benzo(a)anthracene ND 1.00 1 08/01/2016 22:22 WG893597 Benzo(b)fluoranthene ND 1.00 1 08/01/201622:22 WG893597 Fn Benzo(k)fluoranthene ND 1.00 1 08/01/2016 22:22 WG893597 Benzo(g,h,i)perylene ND 1.00 1 08/01/201622:22 WG893597 Benzo(a)pyrene ND 1.00 1 08/01/2016 22:22 WG893597 Bis(2- chlorethoxy)methane ND 10.0 1 08/01/2016 22:22 WG893597 Bis(2- chloroethyl)ether ND 10.0 1 08/01/201622:22 WG893597 F Bis(2- chloroisopropyl)ether ND 10.0 1 08/01/2016 22:22 WG893597 4- Bromophenyl - phenylether ND 10.0 1 08/01/2016 22:22 WG893597 2- Chloronaphthalene ND 1.00 1 08/01/2016 22:22 WG893597 GI 4- Chlorophenyl - phenylether ND 10.0 1 08/01/2016 22:22 WG893597 Chrysene ND 1.00 1 08/01/2016 22:22 WG893597 Dibenz(a,h)anthracene ND 1.00 1 08/01/201622:22 WG893597 3,3- Dichlorobenzidine ND 10.0 1 08/01/2016 22:22 WG893597 2,4- Dinitrotoluene ND 10.0 1 08/01/2016 22:22 WG893597 F 2,6- Dinitrotoluene ND 10.0 1 08/01/2016 22:22 WG893597 Fluoranthene ND 1.00 1 08/01/2016 22:22 WG893597 Fluorene ND 1.00 1 08/01/2016 22:22 WG893597 Hexachlorobenzene ND 1.00 1 08/01/2016 22:22 WG893597 Hexachloro -1,3- butadiene ND 10.0 1 08/01/2016 22:22 WG893597 Hexachlorocyclopentadiene ND 10.0 1 08/01/2016 22:22 WG893597 Hexachloroethane ND 10.0 1 08/01/2016 22:22 WG893597 Indeno(1,2,3- cd)pyrene ND 1.00 1 08/01/2016 22:22 WG893597 Isophorone ND 10.0 1 08/01/2016 22:22 WG893597 Naphthalene ND 1.00 1 08/01/2016 22:22 WG893597 Nitrobenzene ND 10.0 1 08/01/2016 22:22 WG893597 n- Nitrosodimethylamine ND 10.0 1 08/01/2016 22:22 WG893597 n- Nitrosodiphenylamine ND 10.0 1 08/01/2016 22:22 WG893597 n- Nitrosodi- n- propylamine ND 10.0 1 08/01/2016 22:22 WG893597 Phenanthrene ND 1.00 1 08/01/2016 22:22 WG893597 Benzylbutyl phthalate ND 3.00 1 08/01/2016 22:22 WG893597 B is(2-ethyl hexyl)phthal ate ND 3.00 1 08/01/2016 22:22 WG893597 Di -n -butyl phthalate ND 3.00 1 08/01/2016 22:22 WG893597 Diethyl phthalate ND 3.00 1 08/01/2016 22:22 WG893597 Dimethyl phthalate ND 3.00 1 08/01/2016 22:22 WG893597 Di -n -octyl phthalate ND 3.00 1 08/01/2016 22:22 WG893597 Pyrene ND 1.00 1 08/01/2016 22:22 WG893597 1,2,4 - Trichlorobenzene ND 10.0 1 08/01/2016 22:22 WG893597 4- Chloro- 3- methyl phenol ND 10.0 1 08/01/2016 22:22 WG893597 2- Chlorophenol ND 10.0 1 08/01/2016 22:22 WG893597 2,4- Dichlorophenol ND 10.0 1 08/01/2016 22:22 WG893597 2,4- Dimethylphenol ND 10.0 1 08/01/2016 22:22 WG893597 4,6- Dinitro -2- methylphenol ND 10.0 1 08/01/2016 22:22 WG893597 2,4- Dinitrophenol ND 10.0 1 08/01/2016 22:22 WG893597 2- Nitrophenol ND 10.0 1 08/01/2016 22:22 WG893597 4- Nitrophenol ND 10.0 1 08/01/2016 22:22 WG893597 Pentachlorophenol ND 10.0 1 08/01/2016 22:22 WG893597 Phenol ND 10.0 1 08/01/2016 22:22 WG893597 2,4,6 - Trichlorophenol ND 10.0 1 08/01/2016 22:22 WG893597 (S) Nitrobenzene-d5 59.0 21.8 -123 08/01/201622.22 WG893597 (S) 2- Fluorobiphenyl 69.6 29.5 -131 08/01/201622.22 WG893597 (S) p- Terphenyl -d14 63.7 29.3 -137 08/01/201622.22 WG893597 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 64 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 13 of 65 TW -2 SAMPLE RESULTS - 04 Collected date /time: 07/27/16 09:40 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I (S) Phenol -d5 35.5 (S) 2- Fluorophenol 48.6 (S) 2,4, 6- Tribromophenol 670 ug /I date / time 5.00 -70.1 08/01/201622.22 WG893597 10.0 -77.9 08/01/201622.22 WG893597 11.2 -130 08/01/201622.22 WG893597 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 65 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 19 of 65 PTW -2A Collected date /time: 07/27/16 09:15 Wet Chemistry by Method 9056A SAMPLE RESULTS - 05 L849910 ONE LAB. NATIONWIDE. # Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Chloride 2730 1000 1 08/02/201619:11 WG894626 Sulfate 5010 5000 1 08/02/201619:11 WG894626 Mercury by Method 7470A 2.00 1 07/30/201614:39 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Mercury ND 0.200 1 07/29/201618:16 WG893755 Metals (ICP) by Method 6010C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Beryllium ND 2.00 1 07/30/201614:39 WG893995 Cadmium ND 2.00 1 07/30/201614:39 WG893995 Chromium ND 10.0 1 07/30/201614:39 WG893995 Copper ND 10.0 1 07/30/201614:39 WG893995 Nickel ND 10.0 1 07/30/201614:39 WG893995 Selenium ND 10.0 1 07/30/201614:39 WG893995 Silver ND 5.00 1 07/30/201614:39 WG893995 Zinc ND 50.0 1 07/30/201614:39 WG893995 Metals (ICPMS) by Method 6020 WG893930 1.00 1 08/04/20161141 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time J4 50.0 1 Antimony ND 2.00 1 08/04/201618:35 WG893781 Arsenic ND 2.00 1 08/04/201618:35 WG893781 Lead ND 2.00 1 08/04/201618:35 WG893781 Thallium ND 2.00 1 08/04/201618:35 WG893781 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Analysis Batch ug /I date / time 50.0 1 08/04/20161141 WG893930 J4 50.0 1 08/04/20161141 WG893930 10.0 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 5.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 5.00 1 08/04/20161141 WG893930 50.0 1 08/04/20161141 WG893930 5.00 1 08/04/20161141 WG893930 2.50 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 5.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 1.00 1 08/04/20161141 WG893930 Board of Commissioners - September 6, 2016 PROJE4TEM: 16- 13 - 66 SDG: 02130008.10 L849910 Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 20 of 65 PTW -2A SAMPLE Collected date /time: 07/27/16 09:15 Volatile Organic Compounds (GC /MS) by Method 8260B RESULTS - 05 L849910 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,2- Dichlorobenzene ND 1.00 1 08/04/20161141 WG893930 1,3- Dichlorobenzene ND 1.00 1 08/04/20161141 WG893930 1,4- Dichlorobenzene ND 1.00 1 08/04/20161141 WG893930 Dichlorodifuoromethane ND 5.00 1 08/04/20161141 WG893930 1,1- Dichloroethane ND 1.00 1 08/04/20161141 WG893930 1,2- Dichloroethane ND 1.00 1 08/04/20161141 WG893930 1,1- Dichloroethene ND 1.00 1 08/04/20161141 WG893930 cis -1,2- Dichloroethene ND 1.00 1 08/04/20161141 WG893930 trans -1,2- Dichloroethene ND 1.00 1 08/04/20161141 WG893930 1,2- Dichloropropane ND 1.00 1 08/04/20161141 WG893930 1,1- Dichloropropene ND 1.00 1 08/04/20161141 WG893930 1,3- Dichloropropane ND 1.00 1 08/04/20161141 WG893930 cis -1,3- Dichloropropene ND 1.00 1 08/04/20161141 WG893930 trans -1,3- Dichloropropene ND 1.00 1 08/04/20161141 WG893930 2,2- Dichloropropane ND 1.00 1 08/04/20161141 WG893930 Di- isopropyl ether ND 1.00 1 08/04/20161141 WG893930 Ethylbenzene ND 1.00 1 08/04/20161141 WG893930 Hexachloro -1,3- butadiene ND 1.00 1 08/04/20161141 WG893930 Isopropyl benzene ND 1.00 1 08/04/20161141 WG893930 p- Isopropyltoluene ND 1.00 1 08/04/20161141 WG893930 2- Butanone (MEK) ND 10.0 1 08/04/20161141 WG893930 Methylene Chloride ND 5.00 1 08/04/20161141 WG893930 4- Methyl -2- pentanone (MIBK) ND 10.0 1 08/04/20161141 WG893930 Methyl tert -butyl ether ND 1.00 1 08/04/20161141 WG893930 Naphthalene ND 5.00 1 08/04/20161141 WG893930 n- Propylbenzene ND 1.00 1 08/04/20161141 WG893930 Styrene ND 1.00 1 08/04/20161141 WG893930 1,1,1,2 - Tetrachloroethane ND 1.00 1 08/04/20161141 WG893930 1,1,2,2 - Tetrachloroethane ND 1.00 1 08/04/20161141 WG893930 1,1,2 - Trichlorotrifluoroethane ND 1.00 1 08/04/20161141 WG893930 Tetrachloroethene ND 1.00 1 08/04/20161141 WG893930 Toluene ND 5.00 1 08/04/20161141 WG893930 1,2,3 - Trichlorobenzene ND 1.00 1 08/04/20161141 WG893930 1,2,4 - Trichlorobenzene ND 1.00 1 08/04/20161141 WG893930 1,1,1 - Trichloroethane ND 1.00 1 08/04/20161141 WG893930 1,1,2 - Trichloroethane ND 1.00 1 08/04/20161141 WG893930 Trichloroethene ND 1.00 1 08/04/20161141 WG893930 Trichlorofluoromethane ND 5.00 1 08/04/20161141 WG893930 1,2,3 - Trichloropropane ND 2.50 1 08/04/20161141 WG893930 1,2,4 - Trimethylbenzene ND 1.00 1 08/04/20161141 WG893930 1,2,3 - Trimethylbenzene ND 1.00 1 08/04/20161141 WG893930 1,3,5 - Trimethylbenzene ND 1.00 1 08/04/20161141 WG893930 Vinyl chloride ND 1.00 1 08/04/20161141 WG893930 Xylenes, Total ND 3.00 1 08/04/20161141 WG893930 (S) Toluene -d8 976 90.0 -115 08/04/201611.41 WG893930 (S) Dibromofluoromethone 95.5 79.0 -121 08/04/201611.41 WG893930 (S) 4- Bromofluorobenzene 103 80.1 -120 08/04/201611.41 WG893930 Volatile Organic Compounds (GC /MS) by Method 8260B -SIM Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,4- Dioxane ND 3.00 1 07/31/201614:10 WG894186 (S) Toluene -d8 103 70.0 -130 0713112016 14.10 WG894186 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 67 SDG: Withers & Ravenel Eng. - Standard 02130008.10 L849910 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 21 of 65 PTW -2A SAMPLE RESULTS - 05 ONE LAB. NATIONWIDE. # Collected date /time: 07/27/16 09:15 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch I Cp Analyte ug /I ug /I date / time u Acenaphthene ND 1.00 1 08/01/2016 22:45 WG893597 Fc Acenaphthylene ND 1.00 1 08/01/2016 22:45 WG893597 Anthracene ND 1.00 1 08/01/2016 22:45 WG893597 Benzidine ND 10.0 1 08/01/2016 22:45 WG893597 F Benzo(a)anthracene ND 1.00 1 08/01/2016 22:45 WG893597 Benzo(b)fluoranthene ND 1.00 1 08/01/201622:45 WG893597 Fn Benzo(k)fluoranthene ND 1.00 1 08/01/2016 22:45 WG893597 Benzo(g,h,i)perylene ND 1.00 1 08/01/201622:45 WG893597 Benzo(a)pyrene ND 1.00 1 08/01/2016 22:45 WG893597 Bis(2- chlorethoxy)methane ND 10.0 1 08/01/2016 22:45 WG893597 Bis(2- chloroethyl)ether ND 10.0 1 08/01/201622:45 WG893597 F Bis(2- chloroisopropyl)ether ND 10.0 1 08/01/2016 22:45 WG893597 4- Bromophenyl - phenylether ND 10.0 1 08/01/2016 22:45 WG893597 2- Chloronaphthalene ND 1.00 1 08/01/2016 22:45 WG893597 GI 4- Chlorophenyl - phenylether ND 10.0 1 08/01/2016 22:45 WG893597 Chrysene ND 1.00 1 08/01/2016 22:45 WG893597 Dibenz(a,h)anthracene ND 1.00 1 08/01/201622:45 WG893597 3,3- Dichlorobenzidine ND 10.0 1 08/01/2016 22:45 WG893597 2,4- Dinitrotoluene ND 10.0 1 08/01/2016 22:45 WG893597 F 2,6- Dinitrotoluene ND 10.0 1 08/01/2016 22:45 WG893597 Fluoranthene ND 1.00 1 08/01/2016 22:45 WG893597 Fluorene ND 1.00 1 08/01/2016 22:45 WG893597 Hexachlorobenzene ND 1.00 1 08/01/2016 22:45 WG893597 Hexachloro -1,3- butadiene ND 10.0 1 08/01/2016 22:45 WG893597 Hexachlorocyclopentadiene ND 10.0 1 08/01/2016 22:45 WG893597 Hexachloroethane ND 10.0 1 08/01/2016 22:45 WG893597 Indeno(1,2,3- cd)pyrene ND 1.00 1 08/01/2016 22:45 WG893597 Isophorone ND 10.0 1 08/01/2016 22:45 WG893597 Naphthalene ND 1.00 1 08/01/2016 22:45 WG893597 Nitrobenzene ND 10.0 1 08/01/2016 22:45 WG893597 n- Nitrosodimethylamine ND 10.0 1 08/01/2016 22:45 WG893597 n- Nitrosodiphenylamine ND 10.0 1 08/01/2016 22:45 WG893597 n- Nitrosodi- n- propylamine ND 10.0 1 08/01/2016 22:45 WG893597 Phenanthrene ND 1.00 1 08/01/2016 22:45 WG893597 Benzylbutyl phthalate ND 3.00 1 08/01/2016 22:45 WG893597 B is(2-ethyl hexyl)phthal ate ND 3.00 1 08/01/2016 22:45 WG893597 Di -n -butyl phthalate ND 3.00 1 08/01/2016 22:45 WG893597 Diethyl phthalate ND 3.00 1 08/01/2016 22:45 WG893597 Dimethyl phthalate ND 3.00 1 08/01/2016 22:45 WG893597 Di -n -octyl phthalate ND 3.00 1 08/01/2016 22:45 WG893597 Pyrene ND 1.00 1 08/01/2016 22:45 WG893597 1,2,4 - Trichlorobenzene ND 10.0 1 08/01/2016 22:45 WG893597 4- Chloro- 3- methyl phenol ND 10.0 1 08/01/2016 22:45 WG893597 2- Chlorophenol ND 10.0 1 08/01/2016 22:45 WG893597 2,4- Dichlorophenol ND 10.0 1 08/01/2016 22:45 WG893597 2,4- Dimethylphenol ND 10.0 1 08/01/2016 22:45 WG893597 4,6- Dinitro -2- methylphenol ND 10.0 1 08/01/2016 22:45 WG893597 2,4- Dinitrophenol ND 10.0 1 08/01/2016 22:45 WG893597 2- Nitrophenol ND 10.0 1 08/01/2016 22:45 WG893597 4- Nitrophenol ND 10.0 1 08/01/2016 22:45 WG893597 Pentachlorophenol ND 10.0 1 08/01/2016 22:45 WG893597 Phenol ND 10.0 1 08/01/2016 22:45 WG893597 2,4,6 - Trichlorophenol ND 10.0 1 08/01/2016 22:45 WG893597 (S) Nitrobenzene-d5 63.4 21.8 -123 08/01/201622.45 WG893597 (S) 2- Fluorobiphenyl 76.1 29.5 -131 08/01/201622.45 WG893597 (S) p- Terphenyl -d14 74.3 29.3 -137 08/01/201622.45 WG893597 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 68 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 22 of 65 PTW -2A SAMPLE RESULTS - 05 Collected date /time: 07/27/16 09:15 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I (S) Phenol -d5 39.3 (S) 2- Fluorophenol 55.7 (S) 2,4, 6- Tribromophenol 76.8 ug /I date / time 5.00 -70.1 08/01/201622.45 WG893597 10.0 -77.9 08/01/201622.45 WG893597 11.2 -130 08/01/201622.45 WG893597 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 69 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 23 of 65 PTW -2 B Collected date /time: 07/27/16 08:45 Wet Chemistry by Method 9056A SAMPLE RESULTS - 06 L849910 ONE LAB. NATIONWIDE. # Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Chloride 4160 1000 1 08/02/201619:26 WG894626 Sulfate 18000 5000 1 08/02/201619:26 WG894626 Mercury by Method 7470A 2.00 1 07/30/201614:42 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Mercury ND 0.200 1 07/29/201618:19 WG893755 Metals (ICP) by Method 6010C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Beryllium ND 2.00 1 07/30/201614:42 WG893995 Cadmium ND 2.00 1 07/30/201614:42 WG893995 Chromium ND 10.0 1 07/30/201614:42 WG893995 Copper ND 10.0 1 07/30/201614:42 WG893995 Nickel ND 10.0 1 07/30/201614:42 WG893995 Selenium ND 10.0 1 07/30/201614:42 WG893995 Silver ND 5.00 1 07/30/201614:42 WG893995 Zinc ND 50.0 1 07/30/201614:42 WG893995 Metals (ICPMS) by Method 6020 WG893930 1.00 1 08/04/201612:02 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND 1.37 ND ND ND ND ND ND ND ND ND ND 7.05 ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time J4 50.0 1 Antimony ND 2.00 1 08/04/201618:40 WG893781 Arsenic ND 2.00 1 08/04/201618:40 WG893781 Lead ND 2.00 1 08/04/201618:40 WG893781 Thallium ND 2.00 1 08/04/201618:40 WG893781 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND 1.37 ND ND ND ND ND ND ND ND ND ND 7.05 ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Analysis Batch ug /I date / time 50.0 1 08/04/201612:02 WG893930 J4 50.0 1 08/04/201612:02 WG893930 10.0 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 5.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 5.00 1 08/04/201612:02 WG893930 50.0 1 08/04/201612:02 WG893930 5.00 1 08/04/201612:02 WG893930 2.50 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 5.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 1.00 1 08/04/201612:02 WG893930 Board of Commissioners - September 6, 2016 PROJE4TEM: 16- 13 - 70 SDG: 02130008.10 L849910 Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 24 of 65 PTW -2B SAMPLE Collected date /time: 07/27/16 08:45 Volatile Organic Compounds (GC /MS) by Method 8260B RESULTS - 06 L849910 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,2- Dichlorobenzene ND 1.00 1 08/04/201612:02 WG893930 1,3- Dichlorobenzene ND 1.00 1 08/04/201612:02 WG893930 1,4- Dichlorobenzene ND 1.00 1 08/04/201612:02 WG893930 Dichlorodifuoromethane ND 5.00 1 08/04/201612:02 WG893930 1,1- Dichloroethane ND 1.00 1 08/04/201612:02 WG893930 1,2- Dichloroethane ND 1.00 1 08/04/201612:02 WG893930 1,1- Dichloroethene ND 1.00 1 08/04/201612:02 WG893930 cis -1,2- Dichloroethene ND 1.00 1 08/04/201612:02 WG893930 trans -1,2- Dichloroethene ND 1.00 1 08/04/201612:02 WG893930 1,2- Dichloropropane ND 1.00 1 08/04/201612:02 WG893930 1,1- Dichloropropene ND 1.00 1 08/04/201612:02 WG893930 1,3- Dichloropropane ND 1.00 1 08/04/201612:02 WG893930 cis -1,3- Dichloropropene ND 1.00 1 08/04/201612:02 WG893930 trans -1,3- Dichloropropene ND 1.00 1 08/04/201612:02 WG893930 2,2- Dichloropropane ND 1.00 1 08/04/201612:02 WG893930 Di- isopropyl ether ND 1.00 1 08/04/201612:02 WG893930 Ethylbenzene ND 1.00 1 08/04/201612:02 WG893930 Hexachloro -1,3- butadiene ND 1.00 1 08/04/201612:02 WG893930 Isopropyl benzene ND 1.00 1 08/04/201612:02 WG893930 p- Isopropyltoluene ND 1.00 1 08/04/201612:02 WG893930 2- Butanone (MEK) ND 10.0 1 08/04/201612:02 WG893930 Methylene Chloride ND 5.00 1 08/04/201612:02 WG893930 4- Methyl -2- pentanone (MIBK) ND 10.0 1 08/04/201612:02 WG893930 Methyl tert -butyl ether ND 1.00 1 08/04/201612:02 WG893930 Naphthalene ND 5.00 1 08/04/201612:02 WG893930 n- Propylbenzene ND 1.00 1 08/04/201612:02 WG893930 Styrene ND 1.00 1 08/04/201612:02 WG893930 1,1,1,2 - Tetrachloroethane ND 1.00 1 08/04/201612:02 WG893930 1,1,2,2 - Tetrachloroethane ND 1.00 1 08/04/201612:02 WG893930 1,1,2 - Trichlorotrifluoroethane ND 1.00 1 08/04/201612:02 WG893930 Tetrachloroethene ND 1.00 1 08/04/201612:02 WG893930 Toluene ND 5.00 1 08/04/201612:02 WG893930 1,2,3 - Trichlorobenzene ND 1.00 1 08/04/201612:02 WG893930 1,2,4 - Trichlorobenzene ND 1.00 1 08/04/201612:02 WG893930 1,1,1 - Trichloroethane ND 1.00 1 08/04/201612:02 WG893930 1,1,2 - Trichloroethane ND 1.00 1 08/04/201612:02 WG893930 Trichloroethene ND 1.00 1 08/04/201612:02 WG893930 Trichlorofluoromethane ND 5.00 1 08/04/201612:02 WG893930 1,2,3 - Trichloropropane ND 2.50 1 08/04/201612:02 WG893930 1,2,4 - Trimethylbenzene ND 1.00 1 08/04/201612:02 WG893930 1,2,3 - Trimethylbenzene ND 1.00 1 08/04/201612:02 WG893930 1,3,5 - Trimethylbenzene ND 1.00 1 08/04/201612:02 WG893930 Vinyl chloride ND 1.00 1 08/04/201612:02 WG893930 Xylenes, Total ND 3.00 1 08/04/201612:02 WG893930 (S) Toluene -d8 973 90.0 -115 08/04/201612.02 WG893930 (S) Dibromofluoromethone 95.6 79.0 -121 08/04/201612.02 WG893930 (S) 4- Bromofluorobenzene 105 80.1 -120 08/04/201612.02 WG893930 Volatile Organic Compounds (GC /MS) by Method 8260B -SIM Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,4- Dioxane ND 3.00 1 07/31/201614:29 WG894186 (S) Toluene -d8 95.9 70.0 -130 0713112016 14.29 WG894186 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 71 SDG: Withers & Ravenel Eng. - Standard 02130008.10 L849910 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 25 of 65 PTW -2B SAMPLE RESULTS - 06 ONE LAB. NATIONWIDE. # Collected date /time: 07/27/16 08:45 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch I Cp Analyte ug /I ug /I date / time u Acenaphthene ND 1.00 1 08/01/2016 23:08 WG893597 Fc Acenaphthylene ND 1.00 1 08/01/2016 23:08 WG893597 Anthracene ND 1.00 1 08/01/2016 23:08 WG893597 Benzidine ND 10.0 1 08/01/2016 23:08 WG893597 F Benzo(a)anthracene ND 1.00 1 08/01/2016 23:08 WG893597 Benzo(b)fluoranthene ND 1.00 1 08/01/201623:08 WG893597 Fn Benzo(k)fluoranthene ND 1.00 1 08/01/2016 23:08 WG893597 Benzo(g,h,i)perylene ND 1.00 1 08/01/201623:08 WG893597 Benzo(a)pyrene ND 1.00 1 08/01/2016 23:08 WG893597 Bis(2- chlorethoxy)methane ND 10.0 1 08/01/2016 23:08 WG893597 Bis(2- chloroethyl)ether ND 10.0 1 08/01/201623:08 WG893597 F Bis(2- chloroisopropyl)ether ND 10.0 1 08/01/2016 23:08 WG893597 4- Bromophenyl - phenylether ND 10.0 1 08/01/2016 23:08 WG893597 2- Chloronaphthalene ND 1.00 1 08/01/2016 23:08 WG893597 GI 4- Chlorophenyl - phenylether ND 10.0 1 08/01/2016 23:08 WG893597 Chrysene ND 1.00 1 08/01/2016 23:08 WG893597 Dibenz(a,h)anthracene ND 1.00 1 08/01/201623:08 WG893597 3,3- Dichlorobenzidine ND 10.0 1 08/01/2016 23:08 WG893597 2,4- Dinitrotoluene ND 10.0 1 08/01/2016 23:08 WG893597 F 2,6- Dinitrotoluene ND 10.0 1 08/01/2016 23:08 WG893597 Fluoranthene ND 1.00 1 08/01/2016 23:08 WG893597 Fluorene ND 1.00 1 08/01/2016 23:08 WG893597 Hexachlorobenzene ND 1.00 1 08/01/2016 23:08 WG893597 Hexachloro -1,3- butadiene ND 10.0 1 08/01/2016 23:08 WG893597 Hexachlorocyclopentadiene ND 10.0 1 08/01/2016 23:08 WG893597 Hexachloroethane ND 10.0 1 08/01/2016 23:08 WG893597 Indeno(1,2,3- cd)pyrene ND 1.00 1 08/01/2016 23:08 WG893597 Isophorone ND 10.0 1 08/01/2016 23:08 WG893597 Naphthalene ND 1.00 1 08/01/2016 23:08 WG893597 Nitrobenzene ND 10.0 1 08/01/2016 23:08 WG893597 n- Nitrosodimethylamine ND 10.0 1 08/01/2016 23:08 WG893597 n- Nitrosodiphenylamine ND 10.0 1 08/01/2016 23:08 WG893597 n- Nitrosodi- n- propylamine ND 10.0 1 08/01/2016 23:08 WG893597 Phenanthrene ND 1.00 1 08/01/2016 23:08 WG893597 Benzylbutyl phthalate ND 3.00 1 08/01/2016 23:08 WG893597 B is(2-ethyl hexyl)phthal ate ND 3.00 1 08/01/2016 23:08 WG893597 Di -n -butyl phthalate ND 3.00 1 08/01/2016 23:08 WG893597 Diethyl phthalate ND 3.00 1 08/01/2016 23:08 WG893597 Dimethyl phthalate ND 3.00 1 08/01/2016 23:08 WG893597 Di -n -octyl phthalate ND 3.00 1 08/01/2016 23:08 WG893597 Pyrene ND 1.00 1 08/01/2016 23:08 WG893597 1,2,4 - Trichlorobenzene ND 10.0 1 08/01/2016 23:08 WG893597 4- Chloro- 3- methyl phenol ND 10.0 1 08/01/2016 23:08 WG893597 2- Chlorophenol ND 10.0 1 08/01/2016 23:08 WG893597 2,4- Dichlorophenol ND 10.0 1 08/01/2016 23:08 WG893597 2,4- Dimethylphenol ND 10.0 1 08/01/2016 23:08 WG893597 4,6- Dinitro -2- methylphenol ND 10.0 1 08/01/2016 23:08 WG893597 2,4- Dinitrophenol ND 10.0 1 08/01/2016 23:08 WG893597 2- Nitrophenol ND 10.0 1 08/01/2016 23:08 WG893597 4- Nitrophenol ND 10.0 1 08/01/2016 23:08 WG893597 Pentachlorophenol ND 10.0 1 08/01/2016 23:08 WG893597 Phenol ND 10.0 1 08/01/2016 23:08 WG893597 2,4,6 - Trichlorophenol ND 10.0 1 08/01/2016 23:08 WG893597 (S) Nitrobenzene-d5 56.4 21.8 -123 08/01/201623.08 WG893597 (S) 2- Fluorobiphenyl 70.8 29.5 -131 08/01/201623.08 WG893597 (S) p- Terphenyl -d14 66.9 29.3 -137 08/01/201623.08 WG893597 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 72 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 26 of 65 PTW -2B SAMPLE RESULTS - 06 Collected date /time: 07/27/16 08:45 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I (S) Phenol -d5 373 (S) 2- Fluorophenol 52.5 (S) 2,4, 6- Tribromophenol 70.3 ug /I date / time 5.00 -70.1 08/01/201623.08 WG893597 10.0 -77.9 08/01/201623.08 WG893597 11.2 -130 08/01/201623.08 WG893597 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 73 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 27 of 65 PTW -3A Collected date /time: 07/27/16 08:15 Wet Chemistry by Method 9056A SAMPLE RESULTS - 07 L849910 ONE LAB. NATIONWIDE. # Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Chloride 2400 1000 1 08/02/2016 20:11 WG894626 Sulfate 18100 5000 1 08/02/2016 20:11 WG894626 Mercury by Method 7470A 2.00 1 07/30/201614:44 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Mercury ND 0.200 1 07/29/201618:22 WG893755 Metals (ICP) by Method 6010C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Beryllium ND 2.00 1 07/30/201614:44 WG893995 Cadmium ND 2.00 1 07/30/201614:44 WG893995 Chromium ND 10.0 1 07/30/201614:44 WG893995 Copper ND 10.0 1 07/30/201614:44 WG893995 Nickel ND 10.0 1 07/30/201614:44 WG893995 Selenium ND 10.0 1 07/30/201614:44 WG893995 Silver ND 5.00 1 07/30/201614:44 WG893995 Zinc ND 50.0 1 07/30/201614:44 WG893995 Metals (ICPMS) by Method 6020 WG893930 1.00 1 08/04/201612:23 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time J4 50.0 1 Antimony ND 2.00 1 08/04/201618:45 WG893781 Arsenic ND 2.00 1 08/04/201618:45 WG893781 Lead ND 2.00 1 08/04/201618:45 WG893781 Thallium ND 2.00 1 08/04/201618:45 WG893781 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Analysis Batch ug /I date / time 50.0 1 08/04/201612:23 WG893930 J4 50.0 1 08/04/201612:23 WG893930 10.0 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 5.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 5.00 1 08/04/201612:23 WG893930 50.0 1 08/04/201612:23 WG893930 5.00 1 08/04/201612:23 WG893930 2.50 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 5.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 1.00 1 08/04/201612:23 WG893930 Board of Commissioners - September 6, 2016 PROJE4TEM: 16- 13 - 74 SDG: 02130008.10 L849910 Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 23 of 65 PTW -3A SAMPLE Collected date /time: 07/27/16 08:15 Volatile Organic Compounds (GC /MS) by Method 8260B RESULTS - 07 L849910 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,2- Dichlorobenzene ND 1.00 1 08/04/201612:23 WG893930 1,3- Dichlorobenzene ND 1.00 1 08/04/201612:23 WG893930 1,4- Dichlorobenzene ND 1.00 1 08/04/201612:23 WG893930 Dichlorodifuoromethane ND 5.00 1 08/04/201612:23 WG893930 1,1- Dichloroethane ND 1.00 1 08/04/201612:23 WG893930 1,2- Dichloroethane ND 1.00 1 08/04/201612:23 WG893930 1,1- Dichloroethene ND 1.00 1 08/04/201612:23 WG893930 cis -1,2- Dichloroethene ND 1.00 1 08/04/201612:23 WG893930 trans -1,2- Dichloroethene ND 1.00 1 08/04/201612:23 WG893930 1,2- Dichloropropane ND 1.00 1 08/04/201612:23 WG893930 1,1- Dichloropropene ND 1.00 1 08/04/201612:23 WG893930 1,3- Dichloropropane ND 1.00 1 08/04/201612:23 WG893930 cis -1,3- Dichloropropene ND 1.00 1 08/04/201612:23 WG893930 trans -1,3- Dichloropropene ND 1.00 1 08/04/201612:23 WG893930 2,2- Dichloropropane ND 1.00 1 08/04/201612:23 WG893930 Di- isopropyl ether ND 1.00 1 08/04/201612:23 WG893930 Ethylbenzene ND 1.00 1 08/04/201612:23 WG893930 Hexachloro -1,3- butadiene ND 1.00 1 08/04/201612:23 WG893930 Isopropyl benzene ND 1.00 1 08/04/201612:23 WG893930 p- Isopropyltoluene ND 1.00 1 08/04/201612:23 WG893930 2- Butanone (MEK) ND 10.0 1 08/04/201612:23 WG893930 Methylene Chloride ND 5.00 1 08/04/201612:23 WG893930 4- Methyl -2- pentanone (MIBK) ND 10.0 1 08/04/201612:23 WG893930 Methyl tert -butyl ether ND 1.00 1 08/04/201612:23 WG893930 Naphthalene ND 5.00 1 08/04/201612:23 WG893930 n- Propylbenzene ND 1.00 1 08/04/201612:23 WG893930 Styrene ND 1.00 1 08/04/201612:23 WG893930 1,1,1,2 - Tetrachloroethane ND 1.00 1 08/04/201612:23 WG893930 1,1,2,2 - Tetrachloroethane ND 1.00 1 08/04/201612:23 WG893930 1,1,2 - Trichlorotrifluoroethane ND 1.00 1 08/04/201612:23 WG893930 Tetrachloroethene ND 1.00 1 08/04/201612:23 WG893930 Toluene ND 5.00 1 08/04/201612:23 WG893930 1,2,3 - Trichlorobenzene ND 1.00 1 08/04/201612:23 WG893930 1,2,4 - Trichlorobenzene ND 1.00 1 08/04/201612:23 WG893930 1,1,1 - Trichloroethane ND 1.00 1 08/04/201612:23 WG893930 1,1,2 - Trichloroethane ND 1.00 1 08/04/201612:23 WG893930 Trichloroethene ND 1.00 1 08/04/201612:23 WG893930 Trichlorofluoromethane ND 5.00 1 08/04/201612:23 WG893930 1,2,3 - Trichloropropane ND 2.50 1 08/04/201612:23 WG893930 1,2,4 - Trimethylbenzene ND 1.00 1 08/04/201612:23 WG893930 1,2,3 - Trimethylbenzene ND 1.00 1 08/04/201612:23 WG893930 1,3,5 - Trimethylbenzene ND 1.00 1 08/04/201612:23 WG893930 Vinyl chloride ND 1.00 1 08/04/201612:23 WG893930 Xylenes, Total ND 3.00 1 08/04/201612:23 WG893930 (S) Toluene -d8 975 90.0 -115 08/04/201612.23 WG893930 (S) Dibromofluoromethone 96.5 79.0 -121 08/04/201612.23 WG893930 (S) 4- Bromofluorobenzene 104 80.1 -120 08/04/201612.23 WG893930 Volatile Organic Compounds (GC /MS) by Method 8260B -SIM Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,4- Dioxane ND 3.00 1 07/31/201614:48 WG894186 (S) Toluene -d8 102 70.0 -130 0713112016 14.48 WG894186 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 75 SDG: Withers & Ravenel Eng. - Standard 02130008.10 L849910 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 29 of 65 PTW -3A SAMPLE RESULTS - 07 ONE LAB. NATIONWIDE. Collected date /time: 07/27/16 08:15 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch I Cp Analyte ug /I ug /I date / time u Acenaphthene ND 1.00 1 08/01/2016 23:31 WG893597 Fc Acenaphthylene ND 1.00 1 08/01/2016 23:31 WG893597 Anthracene ND 1.00 1 08/01/2016 23:31 WG893597 Benzidine ND 10.0 1 08/01/2016 23:31 WG893597 F Benzo(a)anthracene ND 1.00 1 08/01/2016 23:31 WG893597 Benzo(b)fluoranthene ND 1.00 1 08/01/201623:31 WG893597 Fn Benzo(k)fluoranthene ND 1.00 1 08/01/2016 23:31 WG893597 Benzo(g,h,i)perylene ND 1.00 1 08/01/201623:31 WG893597 Benzo(a)pyrene ND 1.00 1 08/01/2016 23:31 WG893597 Bis(2- chlorethoxy)methane ND 10.0 1 08/01/2016 23:31 WG893597 Bis(2- chloroethyl)ether ND 10.0 1 08/01/201623:31 WG893597 F Bis(2- chloroisopropyl)ether ND 10.0 1 08/01/2016 23:31 WG893597 4- Bromophenyl - phenylether ND 10.0 1 08/01/2016 23:31 WG893597 2- Chloronaphthalene ND 1.00 1 08/01/2016 23:31 WG893597 GI 4- Chlorophenyl - phenylether ND 10.0 1 08/01/2016 23:31 WG893597 Chrysene ND 1.00 1 08/01/2016 23:31 WG893597 Dibenz(a,h)anthracene ND 1.00 1 08/01/201623:31 WG893597 3,3- Dichlorobenzidine ND 10.0 1 08/01/2016 23:31 WG893597 2,4- Dinitrotoluene ND 10.0 1 08/01/2016 23:31 WG893597 F 2,6- Dinitrotoluene ND 10.0 1 08/01/2016 23:31 WG893597 Fluoranthene ND 1.00 1 08/01/2016 23:31 WG893597 Fluorene ND 1.00 1 08/01/2016 23:31 WG893597 Hexachlorobenzene ND 1.00 1 08/01/2016 23:31 WG893597 Hexachloro -1,3- butadiene ND 10.0 1 08/01/2016 23:31 WG893597 Hexachlorocyclopentadiene ND 10.0 1 08/01/2016 23:31 WG893597 Hexachloroethane ND 10.0 1 08/01/2016 23:31 WG893597 Indeno(1,2,3- cd)pyrene ND 1.00 1 08/01/2016 23:31 WG893597 Isophorone ND 10.0 1 08/01/2016 23:31 WG893597 Naphthalene ND 1.00 1 08/01/2016 23:31 WG893597 Nitrobenzene ND 10.0 1 08/01/2016 23:31 WG893597 n- Nitrosodimethylamine ND 10.0 1 08/01/2016 23:31 WG893597 n- Nitrosodiphenylamine ND 10.0 1 08/01/2016 23:31 WG893597 n- Nitrosodi- n- propylamine ND 10.0 1 08/01/2016 23:31 WG893597 Phenanthrene ND 1.00 1 08/01/2016 23:31 WG893597 Benzylbutyl phthalate ND 3.00 1 08/01/2016 23:31 WG893597 B is(2-ethyl hexyl)phthal ate ND 3.00 1 08/01/2016 23:31 WG893597 Di -n -butyl phthalate ND 3.00 1 08/01/2016 23:31 WG893597 Diethyl phthalate ND 3.00 1 08/01/2016 23:31 WG893597 Dimethyl phthalate ND 3.00 1 08/01/2016 23:31 WG893597 Di -n -octyl phthalate ND 3.00 1 08/01/2016 23:31 WG893597 Pyrene ND 1.00 1 08/01/2016 23:31 WG893597 1,2,4 - Trichlorobenzene ND 10.0 1 08/01/2016 23:31 WG893597 4- Chloro- 3- methyl phenol ND 10.0 1 08/01/2016 23:31 WG893597 2- Chlorophenol ND 10.0 1 08/01/2016 23:31 WG893597 2,4- Dichlorophenol ND 10.0 1 08/01/2016 23:31 WG893597 2,4- Dimethylphenol ND 10.0 1 08/01/2016 23:31 WG893597 4,6- Dinitro -2- methylphenol ND 10.0 1 08/01/2016 23:31 WG893597 2,4- Dinitrophenol ND 10.0 1 08/01/2016 23:31 WG893597 2- Nitrophenol ND 10.0 1 08/01/2016 23:31 WG893597 4- Nitrophenol ND 10.0 1 08/01/2016 23:31 WG893597 Pentachlorophenol ND 10.0 1 08/01/2016 23:31 WG893597 Phenol ND 10.0 1 08/01/2016 23:31 WG893597 2,4,6 - Trichlorophenol ND 10.0 1 08/01/2016 23:31 WG893597 (S) Nitrobenzene-d5 56.8 21.8 -123 08/01/201623.31 WG893597 (S) 2- Fluorobiphenyl 70.4 29.5 -131 08/01/201623.31 WG893597 (S) p- Terphenyl -d14 68.6 29.3 -137 08/01/201623.31 WG893597 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 76 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 30 of 65 PTW -3A SAMPLE RESULTS - 07 Collected date /time: 07/27/16 08:15 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time (S) Phenol -d5 36.3 5.00 -70.1 08/01/201623.31 WG893597 (S) 2- Fluorophenol 51.2 10.0 -77.9 08/01/201623.31 WG893597 (S) 2,4,6- Tribromophenol 71.8 11.2 -130 08/01/201623.31 WG893597 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 77 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 31 of 65 PTW -3B Collected date /time: 07/27/16 07:45 Wet Chemistry by Method 9056A SAMPLE RESULTS - 08 L849910 ONE LAB. NATIONWIDE. # Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Chloride 3720 1000 1 08/02/2016 20:26 WG894626 Sulfate 13100 5000 1 08/02/2016 20:26 WG894626 Mercury by Method 7470A 2.00 1 07/30/201614:47 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Mercury ND 0.200 1 07/29/201618:25 WG893755 Metals (ICP) by Method 6010C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Beryllium ND 2.00 1 07/30/201614:47 WG893995 Cadmium ND 2.00 1 07/30/201614:47 WG893995 Chromium ND 10.0 1 07/30/201614:47 WG893995 Copper ND 10.0 1 07/30/201614:47 WG893995 Nickel ND 10.0 1 07/30/201614:47 WG893995 Selenium ND 10.0 1 07/30/201614:47 WG893995 Silver ND 5.00 1 07/30/201614:47 WG893995 Zinc ND 50.0 1 07/30/201614:47 WG893995 Metals (ICPMS) by Method 6020 WG893930 1.00 1 08/04/201612:45 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time J4 50.0 1 Antimony ND 2.00 1 08/04/201618:50 WG893781 Arsenic ND 2.00 1 08/04/201618:50 WG893781 Lead ND 2.00 1 08/04/201618:50 WG893781 Thallium ND 2.00 1 08/04/201618:50 WG893781 Volatile Organic Compounds (GC /MS) by Method 8260B Analyte Acetone Acrolein Acrylonitrile Benzene Bromobenzene Bromodichloromethane Bromoform Bromomethane n- Butylbenzene sec -Butyl benzene tert -Butyl benzene Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether Chloroform Chloromethane 2- Chlorotoluene 4- Chlorotoluene 1,2- Dibromo -3- Chloropropane 1,2- Dibromoethane Dibromomethane Result ug /I ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ACCOUNT: Withers & Ravenel Eng. - Standard Qualifier RDL Dilution Analysis Batch ug /I date / time 50.0 1 08/04/201612:45 WG893930 J4 50.0 1 08/04/201612:45 WG893930 10.0 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 5.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 5.00 1 08/04/201612:45 WG893930 50.0 1 08/04/201612:45 WG893930 5.00 1 08/04/201612:45 WG893930 2.50 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 5.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 1.00 1 08/04/201612:45 WG893930 Board of Commissioners - September 6, 2016 PROJE4TEM: 16- 13 - 78 SDG: 02130008.10 L849910 Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 32 of 65 PTW -3B SAMPLE Collected date /time: 07/27/16 07:45 Volatile Organic Compounds (GC /MS) by Method 8260B RESULTS - 08 L849910 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,2- Dichlorobenzene ND 1.00 1 08/04/201612:45 WG893930 1,3- Dichlorobenzene ND 1.00 1 08/04/201612:45 WG893930 1,4- Dichlorobenzene ND 1.00 1 08/04/201612:45 WG893930 Dichlorodifuoromethane ND 5.00 1 08/04/201612:45 WG893930 1,1- Dichloroethane ND 1.00 1 08/04/201612:45 WG893930 1,2- Dichloroethane ND 1.00 1 08/04/201612:45 WG893930 1,1- Dichloroethene ND 1.00 1 08/04/201612:45 WG893930 cis -1,2- Dichloroethene ND 1.00 1 08/04/201612:45 WG893930 trans -1,2- Dichloroethene ND 1.00 1 08/04/201612:45 WG893930 1,2- Dichloropropane ND 1.00 1 08/04/201612:45 WG893930 1,1- Dichloropropene ND 1.00 1 08/04/201612:45 WG893930 1,3- Dichloropropane ND 1.00 1 08/04/201612:45 WG893930 cis -1,3- Dichloropropene ND 1.00 1 08/04/201612:45 WG893930 trans -1,3- Dichloropropene ND 1.00 1 08/04/201612:45 WG893930 2,2- Dichloropropane ND 1.00 1 08/04/201612:45 WG893930 Di- isopropyl ether ND 1.00 1 08/04/201612:45 WG893930 Ethylbenzene ND 1.00 1 08/04/201612:45 WG893930 Hexachloro -1,3- butadiene ND 1.00 1 08/04/201612:45 WG893930 Isopropyl benzene ND 1.00 1 08/04/201612:45 WG893930 p- Isopropyltoluene ND 1.00 1 08/04/201612:45 WG893930 2- Butanone (MEK) ND 10.0 1 08/04/201612:45 WG893930 Methylene Chloride ND 5.00 1 08/04/201612:45 WG893930 4- Methyl -2- pentanone (MIBK) ND 10.0 1 08/04/201612:45 WG893930 Methyl tert -butyl ether ND 1.00 1 08/04/201612:45 WG893930 Naphthalene ND 5.00 1 08/04/201612:45 WG893930 n- Propylbenzene ND 1.00 1 08/04/201612:45 WG893930 Styrene ND 1.00 1 08/04/201612:45 WG893930 1,1,1,2 - Tetrachloroethane ND 1.00 1 08/04/201612:45 WG893930 1,1,2,2 - Tetrachloroethane ND 1.00 1 08/04/201612:45 WG893930 1,1,2 - Trichlorotrifluoroethane ND 1.00 1 08/04/201612:45 WG893930 Tetrachloroethene ND 1.00 1 08/04/201612:45 WG893930 Toluene ND 5.00 1 08/04/201612:45 WG893930 1,2,3 - Trichlorobenzene ND 1.00 1 08/04/201612:45 WG893930 1,2,4 - Trichlorobenzene ND 1.00 1 08/04/201612:45 WG893930 1,1,1 - Trichloroethane ND 1.00 1 08/04/201612:45 WG893930 1,1,2 - Trichloroethane ND 1.00 1 08/04/201612:45 WG893930 Trichloroethene ND 1.00 1 08/04/201612:45 WG893930 Trichlorofluoromethane ND 5.00 1 08/04/201612:45 WG893930 1,2,3 - Trichloropropane ND 2.50 1 08/04/201612:45 WG893930 1,2,4 - Trimethylbenzene ND 1.00 1 08/04/201612:45 WG893930 1,2,3 - Trimethylbenzene ND 1.00 1 08/04/201612:45 WG893930 1,3,5 - Trimethylbenzene ND 1.00 1 08/04/201612:45 WG893930 Vinyl chloride ND 1.00 1 08/04/201612:45 WG893930 Xylenes, Total ND 3.00 1 08/04/201612:45 WG893930 (S) Toluene -d8 977 90.0 -115 08/04/201612.45 WG893930 (S) Dibromofluoromethone 95.0 79.0 -121 08/04/201612.45 WG893930 (S) 4- Bromofluorobenzene 104 80.1 -120 08/04/201612.45 WG893930 Volatile Organic Compounds (GC /MS) by Method 8260B -SIM Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time 1,4- Dioxane ND 3.00 1 07/31/2016 2111 WG894186 (S) Toluene -d8 102 70.0 -130 0713112016 21.11 WG894186 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 79 SDG: Withers & Ravenel Eng. - Standard 02130008.10 L849910 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc DATE /TIME: PAGE: 08/04/16 20 :36 33 of 65 PTW -3B SAMPLE RESULTS - 08 ONE LAB. NATIONWIDE. # Collected date /time: 07/27/16 07:45 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch I Cp Analyte ug /I ug /I date / time u Acenaphthene ND 1.00 1 08/01/2016 23:55 WG893597 Fc Acenaphthylene ND 1.00 1 08/01/2016 23:55 WG893597 Anthracene ND 1.00 1 08/01/2016 23:55 WG893597 Benzidine ND 10.0 1 08/01/2016 23:55 WG893597 F Benzo(a)anthracene ND 1.00 1 08/01/2016 23:55 WG893597 Benzo(b)fluoranthene ND 1.00 1 08/01/201623:55 WG893597 Fn Benzo(k)fluoranthene ND 1.00 1 08/01/2016 23:55 WG893597 Benzo(g,h,i)perylene ND 1.00 1 08/01/201623:55 WG893597 Benzo(a)pyrene ND 1.00 1 08/01/2016 23:55 WG893597 Bis(2- chlorethoxy)methane ND 10.0 1 08/01/2016 23:55 WG893597 Bis(2- chloroethyl)ether ND 10.0 1 08/01/201623:55 WG893597 F Bis(2- chloroisopropyl)ether ND 10.0 1 08/01/2016 23:55 WG893597 4- Bromophenyl - phenylether ND 10.0 1 08/01/2016 23:55 WG893597 2- Chloronaphthalene ND 1.00 1 08/01/2016 23:55 WG893597 GI 4- Chlorophenyl - phenylether ND 10.0 1 08/01/2016 23:55 WG893597 Chrysene ND 1.00 1 08/01/2016 23:55 WG893597 Dibenz(a,h)anthracene ND 1.00 1 08/01/201623:55 WG893597 3,3- Dichlorobenzidine ND 10.0 1 08/01/2016 23:55 WG893597 2,4- Dinitrotoluene ND 10.0 1 08/01/2016 23:55 WG893597 F 2,6- Dinitrotoluene ND 10.0 1 08/01/2016 23:55 WG893597 Fluoranthene ND 1.00 1 08/01/2016 23:55 WG893597 Fluorene ND 1.00 1 08/01/2016 23:55 WG893597 Hexachlorobenzene ND 1.00 1 08/01/2016 23:55 WG893597 Hexachloro -1,3- butadiene ND 10.0 1 08/01/2016 23:55 WG893597 Hexachlorocyclopentadiene ND 10.0 1 08/01/2016 23:55 WG893597 Hexachloroethane ND 10.0 1 08/01/2016 23:55 WG893597 Indeno(1,2,3- cd)pyrene ND 1.00 1 08/01/2016 23:55 WG893597 Isophorone ND 10.0 1 08/01/2016 23:55 WG893597 Naphthalene ND 1.00 1 08/01/2016 23:55 WG893597 Nitrobenzene ND 10.0 1 08/01/2016 23:55 WG893597 n- Nitrosodimethylamine ND 10.0 1 08/01/2016 23:55 WG893597 n- Nitrosodiphenylamine ND 10.0 1 08/01/2016 23:55 WG893597 n- Nitrosodi- n- propylamine ND 10.0 1 08/01/2016 23:55 WG893597 Phenanthrene ND 1.00 1 08/01/2016 23:55 WG893597 Benzylbutyl phthalate ND 3.00 1 08/01/2016 23:55 WG893597 B is(2-ethyl hexyl)phthal ate ND 3.00 1 08/01/2016 23:55 WG893597 Di -n -butyl phthalate ND 3.00 1 08/01/2016 23:55 WG893597 Diethyl phthalate ND 3.00 1 08/01/2016 23:55 WG893597 Dimethyl phthalate ND 3.00 1 08/01/2016 23:55 WG893597 Di -n -octyl phthalate ND 3.00 1 08/01/2016 23:55 WG893597 Pyrene ND 1.00 1 08/01/2016 23:55 WG893597 1,2,4 - Trichlorobenzene ND 10.0 1 08/01/2016 23:55 WG893597 4- Chloro- 3- methyl phenol ND 10.0 1 08/01/2016 23:55 WG893597 2- Chlorophenol ND 10.0 1 08/01/2016 23:55 WG893597 2,4- Dichlorophenol ND 10.0 1 08/01/2016 23:55 WG893597 2,4- Dimethylphenol ND 10.0 1 08/01/2016 23:55 WG893597 4,6- Dinitro -2- methylphenol ND 10.0 1 08/01/2016 23:55 WG893597 2,4- Dinitrophenol ND 10.0 1 08/01/2016 23:55 WG893597 2- Nitrophenol ND 10.0 1 08/01/2016 23:55 WG893597 4- Nitrophenol ND 10.0 1 08/01/2016 23:55 WG893597 Pentachlorophenol ND 10.0 1 08/01/2016 23:55 WG893597 Phenol ND 10.0 1 08/01/2016 23:55 WG893597 2,4,6 - Trichlorophenol ND 10.0 1 08/01/2016 23:55 WG893597 (S) Nitrobenzene-d5 59.4 21.8 -123 08/01/201623.55 WG893597 (S) 2- Fluorobiphenyl 72.2 29.5 -131 08/01/201623.55 WG893597 (S) p- Terphenyl -d14 67.6 29.3 -137 08/01/201623.55 WG893597 Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 80 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 34 of 65 PTW -3B SAMPLE RESULTS - 08 Collected date /time: 07/27/16 07:45 L849910 Semi Volatile Organic Compounds (GC /MS) by Method 8270C Result Qualifier RDL Dilution Analysis Batch Analyte ug /I (S) Phenol -d5 35.5 (S) 2- Fluorophenol 50:6 (S) 2,4, 6- Tribromophenol 66.4 ug /I date / time 5.00 -70.1 08/01/201623.55 WG893597 10.0 -77.9 08/01/201623.55 WG893597 11.2 -130 08/01/201623.55 WG893597 ONE LAB. NATIONWIDE. # Fp Fc FS Fn Fc F, Rc Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 81 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 35 of 65 PTW -4A Collected date /time: 07/27/16 13:15 Wet Chemistry by Method 9056A Result Analyte ug /I Chloride 3840 Sulfate 13700 Metals (ICP) by Method 6010C SAMPLE RESULTS - 09 L849910 Qualifier RDL Dilution Analysis Batch ug /I date / time 1000 1 08/02/2016 07:22 WG894627 5000 1 08/02/2016 07:22 WG894627 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Arsenic ND 10.0 1 08/02/201612:20 WG894306 Boron ND 200 1 08/02/201612:20 WG894306 Cadmium ND 2.00 1 08/02/201612:20 WG894306 Cobalt ND 10.0 1 08/02/201612:20 WG894306 Iron 137 100 1 08/02/201612:20 WG894306 Manganese 25.5 10.0 1 08/02/201612:20 WG894306 Vanadium ND 20.0 1 08/02/201612:20 WG894306 Metals (ICPMS) by Method 6020 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 82 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 36 of 65 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Antimony ND 2.00 1 08/02/201618:15 WG894054 Lead ND 2.00 1 08/02/201618:15 WG894054 Selenium ND 2.00 1 08/02/201618:15 WG894054 Thallium ND 2.00 1 08/02/201618:15 WG894054 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 82 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 36 of 65 PTW -4B Collected date /time: 07/27/16 12:50 Wet Chemistry by Method 9056A Result Analyte ug /I Chloride 11900 Sulfate 17800 Metals (ICP) by Method 6010C SAMPLE RESULTS - 10 L849910 Qualifier RDL Dilution Analysis Batch ug /I date / time 1000 1 08/02/2016 07:37 WG894627 5000 1 08/02/2016 07:37 WG894627 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Arsenic ND 10.0 1 08/02/201612:33 WG894306 Boron ND 200 1 08/02/201612:33 WG894306 Cadmium ND 2.00 1 08/02/201612:33 WG894306 Cobalt ND 10.0 1 08/02/201612:33 WG894306 Iron ND 100 1 08/02/201612:33 WG894306 Manganese 62.5 10.0 1 08/02/201612:33 WG894306 Vanadium ND 20.0 1 08/02/201612:33 WG894306 Metals (ICPMS) by Method 6020 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 83 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 37 of 65 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Antimony ND 2.00 1 08/02/201618:17 WG894054 Lead ND 2.00 1 08/02/201618:17 WG894054 Selenium ND 2.00 1 08/02/201618:17 WG894054 Thallium ND 2.00 1 08/02/201618:17 WG894054 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 83 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 37 of 65 PTW -5A Collected date /time: 07/27/16 12:20 Wet Chemistry by Method 9056A Result Analyte ug /I Chloride 9380 Sulfate 7120 Metals (ICP) by Method 6010C SAMPLE RESULTS - 11 L849910 Qualifier RDL Dilution Analysis Batch ug /I date / time 1000 1 08/02/2016 07:52 WG894627 5000 1 08/02/2016 07:52 WG894627 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Arsenic ND 10.0 1 08/02/201612:36 WG894306 Boron ND 200 1 08/02/201612:36 WG894306 Cadmium ND 2.00 1 08/02/201612:36 WG894306 Cobalt ND 10.0 1 08/02/201612:36 WG894306 Iron 355 100 1 08/02/201612:36 WG894306 Manganese 20.6 10.0 1 08/02/201612:36 WG894306 Vanadium ND 20.0 1 08/02/201612:36 WG894306 Metals (ICPMS) by Method 6020 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 84 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 33 of 65 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Antimony ND 2.00 1 08/02/201618:24 WG894054 Lead ND 2.00 1 08/02/201618:24 WG894054 Selenium ND 2.00 1 08/02/201618:24 WG894054 Thallium ND 2.00 1 08/02/201618:24 WG894054 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 84 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 33 of 65 PTW -6A Collected date /time: 07/27/16 11:30 Wet Chemistry by Method 9056A Result Analyte ug /I Chloride 6650 Sulfate ND Metals (ICP) by Method 6010C SAMPLE RESULTS - 12 L849910 Qualifier RDL Dilution Analysis Batch ug /I date / time 1000 1 08/02/2016 08:07 WG894627 5000 1 08/02/2016 08:07 WG894627 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Arsenic ND 10.0 1 08/02/201612:44 WG894306 Boron ND 200 1 08/02/201612:44 WG894306 Cadmium ND 2.00 1 08/02/201612:44 WG894306 Cobalt ND 10.0 1 08/02/201612:44 WG894306 Iron ND 100 1 08/02/201612:44 WG894306 Manganese ND 10.0 1 08/02/201612:44 WG894306 Vanadium ND 20.0 1 08/02/201612:44 WG894306 Metals (ICPMS) by Method 6020 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 85 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 39 of 65 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Antimony ND 2.00 1 08/02/201618:26 WG894054 Lead ND 2.00 1 08/02/201618:26 WG894054 Selenium ND 2.00 1 08/02/201618:26 WG894054 Thallium ND 2.00 1 08/02/201618:26 WG894054 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 85 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 39 of 65 PTW -6B Collected date /time: 07/27/16 11:10 Wet Chemistry by Method 9056A Result Analyte ug /I Chloride 8700 Sulfate 12000 Metals (ICP) by Method 6010C I SAMPLE RESULTS - 13 L849910 Qualifier RDL Dilution Analysis Batch ug /I date / time 1000 1 08/02/2016 08:51 WG894627 5000 1 08/02/2016 08:51 WG894627 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Arsenic ND 10.0 1 08/02/201612:47 WG894306 Boron ND 200 1 08/02/201612:47 WG894306 Cadmium ND 2.00 1 08/02/201612:47 WG894306 Cobalt ND 10.0 1 08/02/201612:47 WG894306 Iron 2350 100 1 08/02/201612:47 WG894306 Manganese 245 10.0 1 08/02/201612:47 WG894306 Vanadium ND 20.0 1 08/02/201612:47 WG894306 Metals (ICPMS) by Method 6020 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 86 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 40 of 65 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Antimony ND 2.00 1 08/02/201618:28 WG894054 Lead ND 2.00 1 08/02/201618:28 WG894054 Selenium ND 2.00 1 08/02/201618:28 WG894054 Thallium ND 2.00 1 08/02/201618:28 WG894054 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 86 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 40 of 65 MW -7A Collected date /time: 07/27/16 13:45 Wet Chemistry by Method 9056A Result Analyte ug /I Chloride 9100 Sulfate 13700 Metals (ICP) by Method 6010C 1 SAMPLE RESULTS - 14 L849910 Qualifier RDL Dilution Analysis Batch ug /I date / time 1000 1 08/02/2016 09:21 WG894627 5000 1 08/02/2016 09:21 WG894627 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time ug /I Arsenic ND 10.0 1 08/02/201612:50 WG894306 Boron ND 200 1 08/02/201612:50 WG894306 Cadmium ND 2.00 1 08/02/201612:50 WG894306 Cobalt ND 10.0 1 08/02/201612:50 WG894306 Iron ND 100 1 08/02/201612:50 WG894306 Manganese ND 10.0 1 08/02/201612:50 WG894306 Vanadium ND 20.0 1 08/02/201612:50 WG894306 Metals (ICPMS) by Method 6020 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 87 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 41 of 65 Result Qualifier RDL Dilution Analysis Batch Analyte ug /I ug /I date / time Antimony ND 2.00 1 08/02/201618:30 WG894054 Lead ND 2.00 1 08/02/201618:30 WG894054 Selenium ND 2.00 1 08/02/201618:30 WG894054 Thallium ND 2.00 1 08/02/201618:30 WG894054 ONE LAB. NATIONWIDE. # FP FC FS Fn FC F, FAI RC Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 87 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L849910 08/04/16 20 :36 41 of 65 MEEEZEEZE a 0 o) O L _ N cm � c N T T � E Co O ( U C 0 ID O ID O s OD m � � s O co O m O N O 0 0 rn O LO m T - � Q U cn n D 0 M U Q D 0 N a E M M C 0 m O 0h co co O It co J a2 E d O 0 M 0 o O O (.0 . 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Fu-Ql- F-ul PTI El Fc—�] M Fo—I F;T Fo-ul § % z 0 \ \ z 0 � Cy Q � � � U) I O Cy I-- Z O U � � � Q � � co O (Y) G) (Y) G) co (D ► m � / e 0 / M ID ID J / / / / / / / / / / / / / / / / / / / / / ID ID 2 / / / / / % » % § k y / / / % / / / / / / / / / S / / / / / / / / / / / / / F. m 9 = R Co \ / \ \ \ \ \) - _ - - ° \ (- _ _ _ _ { ( ( - - - - - - - - _ \ / / / / % 7 » % / f / \ \ _ _ - - \ \ \ \ \ / } _ J \ / \ / ƒ \ z 2 2 e 3 \ ƒ 2 0 J U e \ / e n E M J / t 0 U 2 0 \ 0 2 2 � U e � E / / 0 U 6 / 0 / 2 E ID ID ID \ \ 3| /| 3| \ \ g S 2 3 m Ln Ln \ \ § \ } R £ J § § § / \ LO LO LO co / \ \ \ \ I * Fuc-I F-ul PTI El Fol ® Fo-I ❑ Fo-ul W >0 z O H Q Z m Q J W z O Cy LL Q U) J 0 C' Z 0 U J Q m O co O O /M V/ co I LO w � a ° d N Ln w m O E w H a o o._ o co d O O O O O O O O O O O O m O O O O O O O O O O O O O O O O O O O O O O O O O O O p D d 67 N O N M O M M p W Ln W n O N W n O 67 M CO N p O CO � 61 m 67 n CO M M O O CO Ln � p M M n p N O W N p Ln N O CO M p I� O Ln O CO N W O 67 Ln p N n M O N o Ln O O M Ln Ln O N N O M t O N O O O N N Ln O O N N t O M (3 D N O_ N 0 � _ � co co J N U o _ N Q N n n 61 N N M N Ln Ln N n ^ N Ln n Ln n Ln M 6 N N N N M M CO U N O (h Ln Ln 4 N 61 Ln O M 61 61 O n 61 N W N 4 M N W M 4 CO Ln M W 67 Ln 67 n CO I� N N O CO ^ M Ln 61 61 M n CO N n Ln N O ^ n Ln M M Ln O C O M CO n O a� 00 U N 0') r O M Ln W Ln M Ln Ln O O W I� N n O O O M n LP W CO n M O W N CO m M O 67 CO O M W O U) Q J o I� W M rn N rn 6l rn W O O O rn 6l rn O 61 I� rn rn W p 0 n rn c0 rn rn I� rn p I� rn p rn rn c0 rn N rn 61 W I� rn M rn c0 rn W rn I� rn rn W n rn p p [) O CSIbJ O N O � O O C CM D w O N E C /) �/ � N t m O m Ln Ln W O W M M CO Ln Ln 61 M E o W 67 67 67 I� Ln n W 61 M � O � W M 67 M 67 W N O Ln O 67 O O � 67 O CO O 67 � O O 67 N 67 c0 67 M 67 67 O O t 67 N O M 67 � 67 N 67 � W N O W Ln (D O M O U O 0 } m o o a� 0 m O — W N 61 M N W W N W N M 67 M W CO O N O Ln M O n Ln Ln N N Ln J Ol M M Ln CO CO N Ln N O Ln Ln M Ln CO N M M N M N n Ln n N M m= J Ln Ln W O M M p 61 W Ln n W M M CO O N M CO 67 Ln LP CO O M M �/� J Ol N M Ln CO CO n M Ln CO M N O N N Ln N CO N M N Ln N M N Ln N CO N t N CO N N N M N t N M N N N Ln N M N Ln N t N t N M N N Ln N n C N N W -O N J U) U J O Q H 0) CQ O W C (� Q — O1 O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln N O O Ln Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O O Ln Ln O Ln O N O (n N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U O U > o a 2 p o _ 4n U m Ln � U o Q Q o Q = E O Ln O O > L L :E 2 O V 0 O I Ln O E N E O O `` O O o `o O V `O o ` `V o 0 T 0 , ` � Q O T O O O O E O � � � O O O O O O E O O O O O O O 4 -Q E L V L V_ L V_ O O :E V L V :E V V :E V L V 0 M 4 V O O Q U E E E E �i m "' O 4 O O O L O O L L D D D D D L D 0 D N 0 D 0 _ �, O N CO J Q m O m O m O m O m [p C N .0� 2 U U U U U N - - U U U N U 4 N N N M V N N N M N N Y O O I * Fuc-I F-ul PTI El Fol ® Fo-I ❑ Fo-ul W >0 Z O Q z m Q J W Z O Cy LL Q U) J C' Z 0 J Q 0 N co /'0� \/ 0 M G) co I 0'^ CIO U J N M U_ Q D 0 CQ C 'M^ V/ O C O U O n M 'J ^^ v/ U J N Q E 'M^ v/ O O U Ll O C6 O n M J A2 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O N v Y I.t) O W N I.t) M O cp O n W N M N U 4 I.t) M n 61 u1 M I.t) 61 O n Cp I.t) 61 m O p N O O U J M M M O O O n M O O O M O O O O O O U N N 't t M M � O Mm O CO L.() O � J N N O O O O O M O O N O O O O O O M o O � — M M O I.t) CO M t O t W O N M L Ln N N 61 CO CO M 61 M p N N N - N - N N - N N N - N N N N N N N N - N - N N - 0 U 0 E Q �- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C� :57 O L O O O O O O O O O ° 5 :51Z U N N N O -O O Q LO L o Q `o ° a� _ v--5 _ O O Y o ° ' o E ° Q �a �aZ � O o o o=° ° a � ° a N o 0 0 � O 0 M o s s `o u s E o o E E E o~ -Q m (n L 4J L Q O w U N M ~ :57 O 4 N N N M M M O O O O O O O 0 67 M M M CO N 67 n M M W N N O I� M n O CO ID C9 m W O CO N N W O n M c0 N I.t) O W O p N M O N N O D U N O N v Y I.t) O W N I.t) M O cp O n W N M N U 4 I.t) M n 61 u1 M I.t) 61 O n Cp I.t) 61 m O p N O O U J M M M O O O n M O O O M O O O O O O U N N 't t M M � O Mm O CO L.() O � J N N O O O O O M O O N O O O O O O M o O � — M M O I.t) CO M t O t W O N M L Ln N N 61 CO CO M 61 M p N N N - N - N N - N N N - N N N N N N N N - N - N N - 0 U 0 E Q �- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C� :57 O L O O O O O O O O O ° 5 :51Z U N N N O -O O Q LO L o Q `o ° a� _ v--5 _ O O Y o ° ' o E ° Q �a �aZ � O o o o=° ° a � ° a N o 0 0 � O 0 M o s s `o u s E o o E E E o~ -Q m (n L 4J L Q O w U N M ~ :57 O 4 N N N M M M z _ . . f , M, - EEEEZEEZE m � / e 0 / R ID � J / R § % k y / \ m C J = % R co LO y co \ \ \ � 0 J U � e \ / e 0- E / / t 0 U 2 0 \ 0 / Cf) U � 7 E / / t 0 U 6 0 \ 0 / 2 E \ G \ / \ \ ) R \E \ \ s < S \ 2 2 R L co co \ u \ \ � # 3 r) J � e \ / e � J .6 ƒ » � � e % � ./ M » � O e E / 3 �\ / 9 ƒ m m It / { \ § J § \ \ / / a |/ ID K m Lo § a / % / ID / § a \ % LO co \ § J a / \ \ / \ ) _ ID / £ J § R 0 \ \ I * Fuc-I F-ul PTI El Fol ® Fo-I ❑ Fo-ul w >0 z O Q z m Q J w z O Cy Q U) J 0 C' z 0 U J Q U 0 r N co O N T Q U C O cl E U A U 1 ` � V F uI O Q) 0 0 O (D N cm G C C6 m O W O LO w � a ° a LD LO w m 2E 0 t: w (.0 H a o 0 0 0 0 o co J F 0 N N E CO 0 �~ c` 0 0 0 0 o U) N .L w 0 0 CEC O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C m pi O O O O O O O O O O O O O p O p p O O O O O O O O O p O p O O O O O O O O O O O 0 - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — M M M M M MC) 0 m D 0 C9 M n M I.t) O M I.t) I.t) O M N 61 M p M 67 L.() M M CO I.t) M CO N M m Co O N M M N N M M O M n N n N N M n n n CO O O CO n O M M n m s M M N M O O M M M M M M M N O N M M M M M M N N M M N M 't M N n N N N N O O O t O O O O O O O O O O O O N O O O O O N O O O O O O O O O O O O O O N m O m N O — m O � QJ L L QJ QJ ° QJ \ L C O E E T io Y 0 0 M a a� a' o Q a' Q a� a� Q a> >`, `° `° Q o co x M �. o .o s `° Y s >, o 0 0 0 0 0 0 QJ (6 L Q 0 0 O Q C Q ° ° L O O O O N C 4J N -6 -6 -6 ` T � °- a� Q Q c0i .E co s co s s s o 0 0 E .� .� s s s s ° 0 0 0 co co 0 0 0 0 o y y y E `0 `0 0 co 0 0 0 0 0 0 `o L L QJ 0 0 QJ QJ C C C C C C m U U M CO o o x x x C V V C QJ QJ QJ QJ QJ QJ .N .N .N L Q Q Q Q m m m m m m m m m 't N 4 U 0 ch N N LL LL = _ C H � Z ° � w O a, U > a i >N I * Fu-Ql- F-ul PTI El Fol ® Fo-I ❑ Fo-ul W >0 Z O Q z m Q J W Z O Cy LL Q U) J C' Z 0 U J Q U O r N co 0 N U 0 cl E U A U 1 ` O G) 0) Lo O Q) 0 N cm G Y C M m O W O a1 O O O O O O O O O O O O O CO M O s O O O O O O O O O O O O O N N N 0 O I.t) M M O M n m s M M N N N CO CO N M O M M N O O O O O O N M O N O O O F. O O m s V Lx) Lx) N co Lx) co O O C O Q o 'moo c d" 4 n co Co a�i o o a o -Q M `o E o o> s o o Q `o L s s o o � M Q `0 6 0 0 0 o co ° o o ° E_ o o V o Z N 4 Q N N C >. N U U 4 4 - 4 Z Z O w Q d 4 N N N t N N 4 d d N D U J aD M U_ .Q W CQ C M O O U Ll O O M 'J^^ v/ U J N Q E M O O U O M O M J A2 E d W O O O O O O t O O p p O O M N O 67 NO CO M M N n C, N M N o O M O O O c0 O O N O D U N O N v Y O c0 p N c0 N c0 N c0 61 n c0 U N N N 61 N O D I 61 � � J o ID n O^ M CO CO CO n CO L.() ID CO Y L c CO p N — n CO In CO M W N 67 L.() CO M ON M M M M M N N OM M M O M Q) Ln N — N M O ^ M o 0 0 E M O O Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl o 0 0 0 0 0 0 0 0 0 0 0 0 0 O CO O s 00 Ln o o N Q Q v .� co of co s s s o 0 c6 c6 O O O O O V V V E O n = C C ° f0 QJ QJ Y C C C C C C N N N m U Q Q Q Q m m m m m m m m m t N I * Fuc-I F-ul PTI El Fol ® Fo-I ❑ Fo-ul w >D z O Q z m Q J w z O Cy LL Q U) J 0 C' Z 0 U J Q U O co 0 Q 75 U 0 cl E U A U 1 ` U V F Lo O M °' o 0 0 (D 0 0 U J aD M U_ .Q 0 CQ C M O +: C O U O M O n M 'J ^^ v/ U J N Q E M 0 O U O M O M J LO w (D a 0 a LO w m O E w ._ a o co d O O O N N M O O O n O O M n O M O O M O O O O n N c0 I.t) O c0 O I.t) I.t) 't O O O O O O O O O O O O N O N O p U J O N 0 � co co � J N U C) _ N ID M O O O N O W � O O M O M ON 6l W 61 O 6l O O ID I.t) 9) I.t) O Cfl �j O 10 W N N 61 O' I.t) O I.t) O N �' O N 4 W 61 W O O O ID o M N M OM M M M M M M M M M M N M N M M N N O O O N E �co �C:) U � � Cl) ' 61 n n O c0 M O O O n W N N CO 61 N CO 61 M L.() I� n n c0 I.t) ^' C. O J 61 I� O O M m m 4 W Ln N W m O W Ln I.t) 4 O n O I.t) n c0 c0 W O m W N Ln L ~ N O O O O :1 fn N fCn w O N C O M � M O O 61 O 61 I.t) 61 N M M I.t) I.t) N 61 O 61 M W W I.t) � I.t) M O O U O 0 0 � O � p m J Ol I.t) M O O M O M O M O O N M M M ID M N M N M co O N M Q) CO o co Ln N — W W O O N O O M M N I� W W M N 61 O O t M 67 N t 67 W n W o 0 0 E cn ) O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0') 'Q o, Cl Cl Cl Cl Cl Cl Cl Cl Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U O s o W o 0 00 U U U C C E U O L Lo ° a� o 00 E �Q W z W o Q o o V o w E -w —0 o 0 0 0 L 0 0 0 o o O O O — O ° ° L L O O O O 0 0 O O O O o ov v v w ` E o o v ° Q s s 0 0 0 0 M o ? 0 x x x x w 0 Q Q d 0 fl 4 N N N N N 4 d d N z 0 � w O a) U > a i L I * Fuc-I F-ul PTI El Fol ® Fo-I ❑ Fo-ul W >0 Z O Q z m Q J W Z O C' Q U) J C' z 0 U J Q U O r co 0 75 U 0 cl E 0 U A U 1 ` U V / F Lo O (3) � 0 >D 0 D U J a� M U_ .Q D 0 CQ C 'M^ V/ O C O U O M O M J U J N Q E M O O U Ll O M O M J F- 0 a � o 0 a � o 0 0 v 0 v Y U N N L) n O co o° �o co ' U N N O Co ^ Lx) J p of d M N co ij' � o o 0 � o o 0 0 E m ' - :1 M 0 6 C� N p � t O O S) c S v o N Q Q- N N � U a a GLOSSARY OF TERMS Abbreviations and Definitions ONE LAB. NATIONWIDE. # Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 105 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L349910 08/04/16 20 :36 59 of 65 CP SDG Sample Delivery Group. IP MDL Method Detection Limit. RDL Reported Detection Limit. Fc ND Not detected at the Reporting Limit (or MDL where applicable). J Not detected at the Reporting Limit (or MDL where applicable). FS RPD Relative Percent Difference. Original Sample The non - spiked sample in the prep batch used to determine the Relative Percent Difference (RPD) from a quality control sample. The Original Sample may not be included within the reported SDG. El (S) Surrogate (Surrogate Standard) - Analytes added to every blank, sample, Laboratory Control Sample /Duplicate and Matrix Spike /Duplicate; used to evaluate analytical efficiency by measuring recovery. Surrogates are not expected to be detected in all environmental media. Fr Rec. Recovery. Fc Qualifier Description J The identification of the analyte is acceptable; the reported value is an estimate. J4 The associated batch OC was outside the established quality control range for accuracy. SAI Rc Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 105 SDG: DATE /TIME: PAGE: Withers & Ravenel Eng. - Standard 02130008.10 L349910 08/04/16 20 :36 59 of 65 ■ ACCREDITATIONS & LOCATIONS ONE LAB. NATIONWIDE. ESC Lab Sciences is the only environmental Laboratory accredited /certified to support your work nationxjef !gpn !pof !qud)ijpo/!Pof !qi pof !dxndpof !gpjodp_0aod)cG!pcf !rbcpd g)sr!Cp!pd f d rbc!jt!bt!bddf ttjcriipdgd qbd e!rp!i boerrrtzpddof f et!d gxhi pvdd f !c jjvoLd !Pvdcbgbcjrzboe!cbgbcj#!gpn ! p✓sltjohrHWdxjpo!dDcpdxps!jt!cpn gbEbcrNrp!d f !cotckj4 4pLbMpjd f ! network laboratories in our industry. The most significant benefit to our `one location" design is the design of our laboratory campus. The model is conducive to accelerated productivity, efddbtjoh! wso. bgrvoe! qnf-! boe! gsf4o* b! dEptt! cjorbnjobjpo-! dvt! ggxfdgoh! tbngrfijodIA&! PvdgxfA! po! gdnjvn! rvb#! boe! ggmgdtfW !bnpxt!vt!rp!cf!ZPVS!NMPGO PDF/ *!Cpdbmki` sjgdxjpot!i f rdcz!d f !rbcpdxps!bd !bgg0xriirp!d f !d tvrrh!d gpsf e!jo!d f !bubd f e!d qpW TtbJ !Bddsf ejtb4pot E Brbcbn b 51771 Of Nbeb LO. 14.3113.45 FS Brbt I b VTU 191 Of x !I bn qt i jsf 3: 86 B1{ pob B[ 1723 Of x !Iff st f z6 OFNEQ L0113 Bd bot bt 99.157: Of x !Nf yjdp L011114 Fn DbU@)soj b 1 ZB8DB Of x !Zpd ZB53 Dprpdbep L011114 Cpsd !DbEp#b Fov&186 Dpoof tjdvu Q .12 8 Cpsi !DbEp#b!2 EX 32815! 5Sr Gpleb F98598 Cpsi !DbEp#b!3 52 Hf pdijb CFNBQ Cpsi !Ebl ptb S.251 K pshjb!2 :34 Pi jp6VBQ DM 17: 6 QC ,bbi p L011114 PI rbi pn b :: T3 Jrjmpjt Ps' hpo ,bej bob D. lJJ.12 D. LO. 12 Gf oot zrviboj b 79.1:8: 79.13: 8: 7 G ❑ ,px b 475 S5 pef Lt rboe 332 Lbot bt F.21388 Tpvd !DbEp#b 95115 Lf otudl z!2 : 1121 Tpvd !Ebl ptb otb Lf otudl z!3 27 Lf oof t t f f !23 3117 I�bvjtjbob B-418: 3 Lf ybt u215815356.1 a u1' N bjof 1-01113 Lf ybt !6 fv8C1 T33 LEI N bmrboe 435 Vtbi 7TD8696969 N bt t bd vt f ut N. L0114 Vf/si you VV 8117 Njd jhbo ::69 Vpjojb 21: Njooftptb 158.:::.4: 6 Xbti johtpo D2 T3 Njttjttjggj L011114 XftdVpjojb 344 Njttpvj 451 Xjtcpotjo :: 91: 4:: 21 Npotbob DFSLM 197 Xzpnjoh MINE Of cdbt I b CF. PT. T3.16 U jse!Cbsz!' G of sbrH3ddsf ejtb4pot B3NV6!JfP!23136 257212 BJ B 21189: 1331\86!JIP0136' 257213 EPE 257212 Dbobeb 257212 VTEB T. 78785 FG136 Dszgtp 1-011114 a!gcl johXbd d!!3'!Voef dhgx oe!TWf Rbd t!!r'!B vbgd!l!byjcjrz!!!'!D f njcb&jdEpcjPqDhjd)M�!Npid!!�!Bdd# ejdxjpo!opdbggrWrh Pvsll*db4pot ESC Lab Sciences has sixty -four client support centers that provide sample pickup and /or the delivery of sampling supplies. Ifyou would like assistance from one of our support offices, please contact our main office. FID.W!T4f odf t!qf sjpm t!brdd tyoh!bdpvddf otEbrkbcpdxps/ wA MT ND OR MN T ID SD T W1 T NY 4W IA T PA i . T NV T T T lip NE UT CA. T co KS F+1� VAT ,T K� a • TAZ NM U� N AfT SC iT T MS AL GA T rx T T LA T � AK TT ~ ♦ T n b FL a� t B H1 r+c Board of Commissioners - September 6, 2016 ACCOUNT: PROJE4TEM: 16- 13 - 106 SDG: DATE /TIME: Withers & Ravenel Eng. - Standard 02130008.10 L349910 08/04/16 20 :36 WE= PAGE: 60 of 65 0 Z � �i m � �❑?/{ h�.E � a E z w E r m r; tp r n S o H 3L v In o � j z � U u uU m a L U n a t u FA IX , -Y lK S A Na r � f a a Y io m E _a V o z o ii V C C a Z 'I }' co -a J w 0 0 1 u u �.s q U) (n U) U) �a �` a J t7 £ J rS E s E E_ E > d Q rj 9 O W LL LL i%. H H1- ° u ❑ I Vo m E Y 5 r co 4t V p 0 d u N W . sn. Z : H ri U' - N W u n a p o 2 M 4 NJ (q j 11 1,6-) = oaa IILL n 1 1 fl �� 0 N L V 6 or a E t o d 4 u u 3 - N YJ"i F'ri a � w U z o �, a�w 3 0 m m O Q = w v v ti m m c v Q a W to LLW H N O D r4 F- NN +J^^ c ° 7 » �� 22 C W a� fL' a sr 06 u^a `w N N N L Y U C d a n J m C m d X 6 1 L " V ti y w �Q n. a m a fJ a o0 v _T � U N VVV o M rs cf c � NC O r_ o a z a Z a� ° z�o E I Z w +� ❑ v aid tt, � 0 4 O � d u p o E L " V ti y w �Q n. a m a fJ a o0 v _T � U N VVV o M rs cf c � NC O r_ o a z a Z a� ° z�o Z w +� ❑ d 4 z a � � x o >o duo X O N d I I I C O a T `I� d c z 0 �l to 1 G T] [VV _ a 1r J1 C u O � d J_ 0 o n u L I +n � y U v w v 3 2 0 I p � ' H .. L ^ .. " #4 0 Y s o C Q O c y coo ��r L r 3 �1 o � v a z r � 33 - a v ea v E U C1 cr = V d *ESC t YOUR LAB OF CHOICE: Client: W j- Cooler Received /Opened On: % -r `:�rltA� By: Temperature Upon Receipt: .2 °c SDG# 1,gg9T /O (Signature) Cooler Receipt Check List Yes No N/A Were custody seals on outside of cooler and intact? �a ? Were custody papers properly filled out (ink, signed, etc.)? 1 Did all bottles arrive in good condition? J Were correct bottles used for the analyses requested? ./ Was sufficient amount of sample sent in each bottle? J Were correct preservatives used? ,! Were all applicable sample containers checked for preservation? J (Any samples not in accepted pH range noted on COC .) If applicable, was an observable VOA headspace present? Non Conformance Generated? (If yes see attached NCF) Jimmy Hunt From: Fay, Christopher <cfay@withersravenel.com> Sent: Thursday, July 28, 2016 8-106 AM To: Jimmy Hunt Subject: Re: Bottles Yes. Thank you! Chris Sent from my iPhone On Jul 28, 2016, at 8:57 AM, "Jimmy Hunt" <JHunt @esclabsciences.com< mailto :JHunt @esclabsciences.com>> wrote: Chris, We can take care of the preservation here. A hard 5 -day turn (received today, due COB next Thurs.) needs a 10% rush charge. Will that work for you? Thanks, Jimmy Hunt Technical Service Representative Phone: 615 -773 -9668 Toll Free: 1 -800- 767 -5859 ext:9668 Email: jhunt @esclabsciences.com< mailto :jhunt @esclabsciences.com> This E -mail and any attached files are confidential, and may be copyright protected. If you are not the addressee, any dissemination of this communication is strictly prohibited. If you have received this message in error, please contact the sender immediately and delete /destroy all information received. From-1 Fay, Christopher [ mailto:cfay@withersravenel.com] Sent: Thursday, July 28, 2016 7:16 AM To: Jimmy Hunt Subject: FW: Bottles Jimmy, I collected groundwater samples at the Invista property yesterday. Unfortunately, there was a lost in translation moment when I ordered the sample bottles for TAL metals. I used bottles that I had at the office but I did not have enough preserved, thus, PTW -4A, PTW -4B, MW -7A, PTW -5A, MW -1A, PTW -6A, and PTW -6B do not have nitric acid in the sample (this is listed on the COC). Can you add the nitric acid to the sample, please. I listed the metals on the COC that I need results for in the TAIL metal suite, including boron. Also, I forgot to mark that I need a week turn on the analysis of the groundwater. is that a possibility? Thanks, Chris From: Keith Oravits [ maiIto: KOravits @esclabsciences.com]< mailto:[ maiIto: KOravits @esclabsciences.com]> Sent: Wednesday, July 27, 2016 7:47 AM Board of Commissioners - September 6, 2016 ITEM: 16- 13 - 110 Jerem W. Watkins ESC Lab Sciences Non - Conformance Form Login #: 1.849910 1 Client: WITHRAVS Non- Conformance check app Sample Integrity Parameter(s) past holding time x Improper tem erature Improper container Improper insufficient sample volume. Sample is biphasic. Vials received with headspace. Broken container Broken container: Sufficient sample remains Date: 7/28/16 icable items) Chain of Custody Clarification Clarification Needed Chain of custody is incomplete Please specify Metals requested. Please specify TCLP requested. Received additional samples not listed on coc. Sample ids on containers do not match ids on coc Trip Blank not received. Client did not "X" analysis. Chain of Custody is Evaluated by: Ryan If Broken Container: Insufficient packing material around container Insufficient packing material inside cooler improper handling by carrier FedEx UPS Courie Sample was frozen Container lid not intact If no Chain of Custo Received bv: Carrier: Login Comments: Received TAL Metals tinpreserved. Total or Dissolved? Client informed by: Call x I Email V ©ice Mail Date: 7/29/16 TSR Initials: 'eh Client Contact: Chris Fa Loein Instructions: Total. Rec. Time: 0820 This E -mail and any attached files are confidential, and may be copyright protected. If you are not the addressee, any dissemination of this communication is strictly prohibited. If you have received this message in error, please contact the sender immediately and delete /destroy all information received. Board of Commissioners - September 6, 2016 ITEM: 16- 13 - 111 PROPOSED SITE PLAN Board of Commissioners - September 6, 2016 ITEM: 16- 14 - 1 Board of Commissioners - September 6, 2016 ITEM: 16- 14 - 2 q'44. I ± I I �� �� 3 `i I. LU LU LU a- LU V1 LU Ln Ln V) Ln R jc' LU kA n�a�� AL]jl Board of Commissioners - September 6, 2016 ITEM 16-15-1 ` } ~ 2 [ \ } \\ /l I w/ ( 7 _ |« § $ {! SIC� ` : \: 2 Z 5 2 % \ k \ ;( U CL () ( % / 5 ` $ ) ; ) 2 � \( o # \) !] \ z ! ! \ �k ( � d � � £ § || 2 )�. !!l ! )\ � Board e Commissioners -Sep __Rm6 ITEM 16-15-2