2019-03-04 17 00-Russell BOS-Regular Meeting-Packet

2019-03-04 17 00-Russell BOS-Regular Meeting-Packet

Document Date: March 4, 2019 Document: 2019-03-04_17_00-Russell_BOS-Regular_Meeting-Packet.pdf

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Agenda Board of Supervisors March 4, 2019 Amended 3/4/2019

Russell County Page 1

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING

AGENDA – MARCH 4, 2019

Board Room Regular Meeting 5:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

CALL TO ORDER – Clerk of the Board

ROLL CALL – Clerk of the Board

EXECUTIVE SESSION (CLOSED) – Legal Matters (SCHEDULED ONE-HOUR BEFORE REGULAR BOS MEETING - - REGULAR BOS MEETING BEGINS AT 6 P.M.)

INVOCATION – Pastor Cuba Porter, Lakeview Church

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

APPROVAL OF AGENDA

PUBLIC HEARING

Brooke Atchley & Dave Leonard - Elk Garden School Property
Mickey Rhea - RC Building Inspector - Unsafe Building Ordinance
Debbie Milton - Cumberland Plateau Planning District - Belfast Water Project

ACKNOWLEDGEMENTS

2018 All-State Wrestling Teams Honors
2018 All-State Football Honors
2018 All-State Volleyball Honors

Agenda Board of Supervisors March 4, 2019 Amended 3/4/2019

RUSSELL COUNTY

BOARD OF SUPERVISOR’S MEETING AGENDA - MARCH 4, 2019

Board Room Regular Meeting 5:00 PM

Russell County Governmental Center Lebanon, Virginia 24266

CALL TO ORDER - Clerk of the Board ROLL CALL - Clerk of the Board

EXECUTIVE SESSION (CLOSED) - Legal Matters (SCHEDULED ONE-HOUR BEFORE REGULAR BOS MEETING - - REGULAR BOS MEETING BEGINS AT 6 P.M.)

INVOCATION ~ Pastor Cuba Porter, Lakeview Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA APPROVAL OF AGENDA PUBLIC HEARING

Brooke Atchley & Dave Leonard - Elk Garden School Property
Mickey Rhea - RC Building Inspector - Unsafe Building Ordinance
Debbie Milton - Cumberland Plateau Planning District - Belfast Water Project

ACKNOWLEDGEMENTS,

2018 All-State Wrestling Teams Honors
2018 All-State Football Honors
2018 All-State Volleyball Honors

Russell County Page 1

Agenda Board of Supervisors March 4, 2019 Amended 3/4/2019

Russell County Page 2

PRESENTATIONS

Dr. Greg Brown – RC Schools – RC School Budget………………………………A-1
Hyder Hughes - RC Sheriff Department – Litter Ordinance
Brandon Blevins – Soil & Water Conservation District – Erosion &

Sediment Control Program 4. Leah Call - Appalachian Agency for Senior Citizens – Swords Creek &

Dante Community Centers

BOARD APPOINTMENTS

Cumberland Mountain Community Service Board

James Mounts 3-Year Term (Tabled 12/3/2018)

(Barbara Fuller Replacement)

NEW BUSINESS

Approval of Minutes. Consider approval of the minutes of the
following meeting of the Russell County Board of Supervisors………………B-1

a. Unapproved minutes of February 4, 2019

Approval of Expenditures. Consider approval of expenditures presented

for payment………………………………………………………………………………B-2

CITIZEN’S COMMENT PERIOD (Limited to 3 minutes)

CONSTITUTIONAL OFFICER REPORTS AND REQUESTS

COUNTY ATTORNEY REPORTS AND REQUESTS

CWSA Resolution of Dissolution & Transfer of Assets………………………….C-1
Solid Waste Convenience Property User Agreement between County
& Town of Lebanon………………………………………………………………………C-2
RC BOS Moral Obligation to VCC concerning Project “Blue-Jay”…………….C-3
RC BOS Moral Obligation to the Town of Lebanon concerning Project
“Blue-Jay” ……………………………………………………….………………………C-4
Elk Garden School Property……………………………………………………………C-5

Agenda Board of Supervisors March 4, 2019

Amended 3/4/2019

PRESENTATIONS

Dr. Greg Brown - RC Schools ~ RC School Budge!
Hyder Hughes - RC Sheriff Department — Litter Ordinance
Brandon Blevins — Soil & Water Conservation District — Erosion & Sediment Control Program
Leah Call - Appalachian Agency for Senior Ci Dante Community Centers

fens — Swords Creek &

BOARD APPOINTMENTS,

Cumberland Mountain Community Service Board

James Mounts 3-Year Term (Tabled 12/3/2018) (Barbara Fuller Replacement)

NEW BUSINESS

Approval of Minutes. Consider approval of the minutes of the following meeting of the Russell County Board of Supervisors…

a. Unapproved minutes of February 4, 2019

Approval of Expenditures. Consider approval of expenditures presented for payment…

CITIZEN’S COMMENT PERIOD (Limited to 3 minutes) CONSTITUTIONAL OFFICER REPORTS AND REQUESTS COUNTY ATTORNEY REPORTS AND REQUESTS

CWSA Resolution of Dissolution & Transfer of Assets.
Solid Waste Convenience Property User Agreement between County & Town of Lebanon.
RC BOS Moral Obligation to VCC concerning Project “Blue-Jay”…
RC BOS Moral Obligation to the Town of Lebanon concerning Project “Blue-Jay” …
Elk Garden School Property.

Russell County Page 2

Agenda Board of Supervisors March 4, 2019 Amended 3/4/2019

Russell County Page 3

County Unsafe Building Ordinance………………………………………………….C-6
County Litter Ordinance……………………………………………………………….C-7

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

REPORTS

VDOT Project Information concerning Rte. 613 & Rte. 624 & Rte. 678…………D-1
Virginia Department of Criminal Justice Services Grant Application for
the Honaker Elementary School Resource Officer…………………………………D-2
Household Hazardous Waste Collection Day – 04/17/2019/10 a.m.–2 p.m.……D-3

REQUESTS

American Red Cross Mountain Empire Chapter Proclamation March 2019….D-4
Authorization of the Virginia Department of Housing and Community
Development (DHCD) Belfast Waterline Extension Project Resolution & Application…………………………………………………………………………………D-5
Authorization of the AASC Lease for the Swords Creek Community Center…D-6
Authorization of the VDOT (TAP) Grant for the Dante Depot Project…………,D-7
Authorization of the Board of Equalization Pay & Expenses……………………D-8
Authorization to Hire Housekeeping Position………………………………………D-9
Authorization for the Appalachian Gateway Horse & Trail Assoc. Event………D-10
Authorization of Travel Requests…………………………………………………….D-11

MATTERS PRESENTED BY THE BOARD

ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS:

• Treasurer’s Report ………………………………………………………………………E • RC IDA …………………………………………………………………………………….F • RC PSA …………………………………………………………………………………… G • Castlewood W&S …………………………………………………………………………H

Agenda Board of Supervisors March 4, 2019 Amended 3/4/2019

County Unsafe Building Ordinance.
County Litter Ordinance…

COUNTY ADMINISTRATOR REPORTS AND REQUESTS REPORTS

VDOT Project Information concerning Rte. 613 & Rte. 624 & Rte. 678…
Virginia Department of Criminal Justice Services Grant Application for the Honaker Elementary School Resource Officer…
Household Hazardous Waste Collection Day — 04/17/2019/10 a.m.—2 p.m…

REQUESTS

American Red Cross Mountain Empire Chapter Proclamation March 2019…D-4
Authorization of the Virginia Department of Housing and Community Development (DHCD) Belfast Waterline Extension Project Resolution & Application.
Authorization of the AASC Lease for the Swords Creek Community Center…D-6
Authorization of the VDOT (TAP) Grant for the Dante Depot Project.
Authorization of the Board of Equalization Pay & Expenses…
Authorization to Hire Housekeeping Position…
Authorization for the Appalachian Gateway Horse & Trail Assoc. Event…
Authorization of Travel Requests…

MATTERS PRESENTED BY THE BOARD ADJOURNMENT

COUNTY AGENCY / BOARD REPORTS: Treasurer’s Report. RC IDA…

RC PSA… Castlewood W&S

Russell County Page 3

Agenda Board of Supervisors March 4, 2019 Amended 3/4/2019

Russell County Page 4

• RC Tourism…………………………………………………………………………………I • RC Planning Commission ………………………………………………………………J • Conference Center………………………………………………………………………K • RC Fitness Center……………………………………………………………………….L • RC Transportation & Safety……………………………………………………………M • RC Building Inspector……………………………………………………………………N

Agenda Board of Supervisors March 4, 2019 Amended 3/4/2019

RC Tourism… RC Planning Commission . Conference Center. RC Fitness Center. RC Transportation & Safety. RC Building Inspector…

Russell County Page 4

CLOSED SESSION

Motion made by _________________, second by ___________ and duly approved by the Board of Supervisors enter into closed session to discuss Legal matters pursuant to Section 2.2-3712(A) (3) & (7).

The vote was: Aye: ________ Nay: ________

CERTIFICATION OF CLOSED SESSION

Pursuant to §2.2-3712 (D) of the Code of Virginia 1950, as amended, each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (i) and (ii) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any Supervisors who believe a departure has taken place?

Seeing none, if you agree that the matters heard, discussed or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace -

Lou Ann Wallace -

Carl Rhea -

Steve Breeding -

David Eaton -

Rebecca Dye -

Harry Ferguson -

APPROVAL TO RETURN TO REGULAR SESSION

Motion made by _______________, second by _________________ and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: _______ Nay: _______

CLOSED SESSION

Motion made by , second by and duly approved by the Board of Supervisors enter into closed session to discuss Legal matters pursuant to Section 2.2-3712(A) (3) & (7).

The vote was: Aye Nay:

CERTIFICATION OF CLOSED SESSION

‘Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (i) and (ji) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any Supervisors who believe a departure has taken place?

Tim Lovelace - Lou Ann Wallace - Carl Rhea - Steve Breeding - David Eaton - Rebecca Dye - Harry Ferguson - APPROVAL TO RETURN TO REGULAR SESSION

Motion made by , Second by and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: Nay:

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Action Item

137 Highland Drive Presenters - Chairperson Lebanon, VA 24266

     Meeting: 3/4/19     6:00 PM

Public Hearing

Brooke Atchley & Dave Leonard - Elk Garden School Property
Mickey Rhea - RC Building Inspector - Unsafe Building Ordinance
Debbie Milton - Cumberland Plateau Planning District - Belfast Water Project

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Resolution

Board of Supervisors Action Item 137 Highland Drive Presenters - Chairperson Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

Public Hearing

Brooke Atchley & Dave Leonard - Elk Garden School Property
Mickey Rhea - RC Building Inspector - Unsafe Building Ordinance
Debbie Milton - Cumberland Plateau Planning District - Belfast Water Project Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required

ATTACHMENTS:

Resolution

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Russell County Virginia “The Heart of Southwest Virginia”

Harry Ferguson Carl Rhea At-Large District 3

Tim Lovelace Rebecca Dye, Chairperson David Eaton District 1 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

PUBLIC NOTICE

The Russell County Board of Supervisors will conduct a Public Hearing on Monday, March 4, 2019 at 6:00 p.m. to hear comments concerning the Sale of County Property – Elk Garden School.

A copy of the proposed sale of County Property is available for review in the Office of the County Administrator at 137 Highland Drive, Lebanon, Virginia during normal business hours.

The Public Hearing will be held in the Russell County Board of Supervisors Meeting Room at the Russell County Governmental Center, 137 Highland Drive, Lebanon, Virginia.

BY ORDER OF THE RUSSELL COUNTY BOARD OF SUPERVISORS

Russell County Virginia “The Heart of Southwest Virginia”

Harry Ferguson

At-Large Tim Lovelace Rebecca Dye, Chairperson District 4 District 6 Lou Ann Wallace Steve Breeding, Vice-Chairman District 2 District 5

Carl Rhea District 3

David Eaton District 4

Lonzo Lester Gounty Administrator

UBLIC NOTICE

The Russell County Board of Supervisors will conduct a Public Hearing on Monday, March 4, 2019 at 6:00 p.m. to hear comments concerning the Sale of County

Property — Elk Garden School.

A copy of the proposed sale of County Property is available for review in the Office of the County Administrator at 137 Highland Drive, Lebanon, Virginia during normal business

hours.

The Public Hearing will be held in the Russell County Board of Supervisors Meeting Room at the Russell County Governmental Center, 137 Highland Drive, Lebanon,

Virginia.

BY ORDER OF THE

RUSSELL COUNTY BOARD OF SUPERVISORS

Russell County Government Center

137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011

www.russellcountyva.us

RUSSELL COUNTY, VIRGINIA

Default View

www.interactiveGIS.com Printed 02/28/2019

0 164 328 ft

RUSSELL COUNTY, VIRGINIA Default View

Russell County Virginia “The Heart of Southwest Virginia”

Harry Ferguson Carl Rhea At-Large District 3

Tim Lovelace Rebecca Dye, Chairperson David Eaton District 1 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

PUBLIC NOTICE

The Russell County Board of Supervisors will conduct a Public Hearing on Monday, March 4, 2019 at 6:00 p.m. to hear comments concerning changes to the “Unsafe Building Ordinance”.

A copy of the proposed Unsafe Building Ordinance is available for review in the Office of the County Administrator at 137 Highland Drive, Lebanon, Virginia during normal business hours.

The Public Hearing will be held in the Russell County Board of Supervisors Meeting Room at the Russell County Governmental Center, 137 Highland Drive, Lebanon, Virginia during the regular monthly meeting.

BY ORDER OF THE RUSSELL COUNTY BOARD OF SUPERVISORS

Russell County Virginia “The Heart of Southwest Virginia”

Harry Ferguson

At-Large Tim Lovelace Rebecca Dye, Chairperson District 4 District 6

Lou Ann Wallace Steve Breeding, Vice-Chairman District 2 District 5

Carl Rhea District 3

David Eaton District 4

Lonzo Lester County Administrator

UBLIC NOTICE

The Russell County Board of Supervisors will conduct a Public Hearing on Monday, March 4, 2019 at 6:00 p.m. to hear comments concerning changes to the “Unsafe

Building Ordinance”.

A copy of the proposed Unsafe Building Ordinance is available for review in the Office of the County Administrator at 137 Highland Drive, Lebanon, Virginia during normal

business hours.

The Public Hearing will be held in the Russell County Board of Supervisors

Meeting Room at the Russell County Governmental Center, 137 Highland Drive,

Lebanon, Virginia during the regular monthly meeting.

BY ORDER OF THE

RUSSELL COUNTY BOARD OF SUPERVISORS

Russell County Government Center

137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011

www.russellcountyva.us

BOARD OF SUPERVISORS

COUNTY OF RUSSELL

LEBANON, VIRGINIA

Ordinance

At a regular meeting of the Russell County Board of Supervisors held in the Russell

County Government Center, Lebanon, Virginia, on the 7th day of November, 2016.

Present Vote

Steve Breeding, Chairman Aye

David Eaton, Vice-Chairman Aye

Tim Lovelace Aye

Lou Ann Wallace Aye

Carl Rhea Aye

Rebecca Dye Aye

Mark Mitchell Aye

On motion of Mark Mitchell, seconded by Lou Ann Wallance, which carried 7-0, the

following ordinance was adopted:

ORDINANCE TO COMPEL THE REPAIR OR REMOVAL OF

BUILDINGS AND OTHER STRUCTURES

WHEREAS, Section 15.2-906 of the Code of Virginia, 1950, as amended, authorizes

Russell County to enact an ordinance to compel property owners to remove, repair or secure any

building, wall or any other structure which might endanger the public health or safety of other

residents of Russell County; and

WHEREAS, in order to properly enforce the Virginia Uniform Statewide Building Code,

the Russell County Board of Supervisors deems it necessary to enact such an ordinance.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Russell County

Board of Supervisors:

Lonzo Lester Highlight

BOARD OF SUPERVISORS COUNTY OF RUSSELL LEBANON, VIRGINIA Ordinance

Ata regular meeting of the Russell County Board of Supervisors held in the Russell

County Government Center, Lebanon, Virginia, on the 7" day of November, 2016.

Present Vote Steve Breeding, Chairman Aye David Eaton, Vice-Chairman Aye Tim Lovelace Aye Lou Ann Wallace Aye Carl Rhea Aye Rebecca Dye ‘Aye Mark Mitchell Aye

On motion of Mark Mitchell, seconded by Lou Ann Wallance, which carried 7-0, the

following ordinance was adopted:

ORDINANCE TO COMPEL THE REPAIR OR REMOVAL OF BUILDINGS AND OTHER STRUCTURES

WHEREAS, Seetion’15:2:906 of the Code of Virginia, 1950, as amended, authorizes Russell County to enact an ordinance to compel property owners to remove; repair or secure any ‘building, wall or any other structure which might endanger the public health or safety of other

residents of Russell County; and

WHEREAS, in order to properly enforce the’ Virginia Uniform Statewide Building’ Code,

the Russell County Board of Supervisors deems it necessary to enact such an ordinance. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Russell County

Board of Supervisors:

The owners of any property located within Russell County shall, at such time or times as

the Board of Supervisors, acting through its Building Inspector, may prescribe, remove, repair or

secure any building, wall or any other structure which might endanger the public health or safety

of other residents of the County.

The County, acting through its Building Inspector and other agents or employees, may

remove, repair, or secure any building, wall or any other structure which might endanger the

public health or safety of other residents of the County if the owner and lienholder of such

property, after reasonable notice and a reasonable time to do so, has failed to remove, repair, or

secure the building, wall or other structure. Notice shall be given by: (i) a written notice mailed

by certified or registered mail, return receipt requested, to the last known address of the property

owner; and (ii) publication once a week for two successive weeks in a newspaper having general

circulation in the County. The County. shall not remove, repair or secure any building or

structure without first presenting a recommendation for same to the Board of Supervisors in an

open meeting for discussion and approval. The requisite notice to the landowner may precede or

follow presentation to and approval by the Board of Supervisors. No action shall be taken by the

County to remove, repair, or secure any building, wall or other structure for at least thirty (30)

days following the later of the return of the receipt or newspaper publication.

In the event the County, acting through its agents or employees, removes, repairs, or

secures any building, wall or any other structure after complying with the notice provisions of

this Ordinance, the cost or expenses thereof shall be chargeable to and paid by the owners of

such property and may be collected by the locality as taxes are collected.

Every charge authorized by this Ordinance with which the owner of any such property

has been assessed and which remains unpaid shall constitute a lien against such property ranking

Lonzo Lester Highlight

Lonzo Lester Underline

The owners of any property located within Russell County shall, at such time or times as

the Board of Supervisors, acting through its Building Inspector, may prescribe, remove, repair or

The County, acting through its Building Inspector and other agents or employees, may remove, repair, or secure any building, wall or any other structure which might endanger the public health or safety of other residents of the County if the owner and lienholder of such

property, after reasonable notice and a reasonable time to do so, has failed to remove, repair, or

secure the building, wall or other structure. Notice shall be’given by: (i) a written notice mailed

on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in

Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. The

County may waive such liens in order to facilitate the sale of the property. Such liens may be

waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has

no business association with the owner. All such liens shall remain a personal obligation of the

owner of the property at the time the liens were imposed.

Failure of a landowner to remove, repair, or secure any building, wall, or any other

structure which might endanger the public health or safety or other residents of the County, after

having been provided the aforementioned notice and compliance period shall be punishable by a

$1,000.00 civil penalty.

This Ordinance shall supersede and take the place of all previous ordinances compelling

the repair or removal of buildings and structures, as previously adopted.

All ordinances and portions of ordinances in conflict with the provisions of this

Ordinance are hereby repealed.

Should any part or provision of this Ordinance be found to be invalid due to conflict with

federal or state law or regulation, or found to be otherwise invalid by any court of competent

jurisdiction, such invalidity shall in no way affect any other provision of this Ordinance, and the

invalid portion of such Ordinance shall be deemed to be deleted here from without affecting any

other provision of this Ordinance.

This ordinance shall become effective 7th November, 2016.

Lonzo Lester Highlight

Lonzo Lester Underline

Lonzo Lester Highlight

Lonzo Lester Callout Compliance Period - Timeframe to Complete & Percentage of Completion

Lonzo Lester Highlight

Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. The County may waive such liens in order to facilitate the sale of the property. Such liens may be

[Compliance Period - Timeframe to Complete & Percentage of Completion

This Ordinance shall supersede and take the place of all previous ordinahges cot

the repair or removal of buildings and structures, as previously adopted.

All ordinances and portions of ordinances in conflict with the provisions of this|

Ordinance are hereby repealed.

Should any part or provision of this Ordinance be found to be invalid due to conflict with federal or state law or regulation, or found to be otherwise invalid by any court of competent jurisdiction, such invalidity shall in no way affect any other provision of this Ordinance, and the invalid portion of such Ordinance shall be deemed to be deleted here from without affecting any other provision of this Ordinance.

This ordinance shall become effective 7" November, 2016.

Adopted this 7th day of November, 2016.

  ______________________________________ 

  STEVE BREEDING, CHAIRMAN 

  Russell County Board of Supervisors

Attest: ______________________

       Lonzo Lester 

       County Administrator & Clerk

Adopted this 7" day of November, 2016.

STEVE BREEDING, CHAIRMAN Russell County Board of Supervisors

Attest: Lonzo Lester County Administrator & Clerk

Russell County Virginia “The Heart of Southwest Virginia”

Harry Ferguson Carl Rhea At-Large District 3

Tim Lovelace Rebecca Dye, Chairperson David Eaton District 1 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

PUBLIC NOTICE

The Russell County Board of Supervisors will conduct a Public Hearing on Monday, March 4, 2019 at 6:00 p.m. to hear comments concerning the “Belfast Water Project”.

BY ORDER OF THE RUSSELL COUNTY BOARD OF SUPERVISORS

Russell County Virginia “The Heart of Southwest Virginia”

Harry Ferguson

At-Large Tim Lovelace Rebecca Dye, Chairperson District 4 District 6

Lou Ann Wallace Steve Breeding, Vice-Chairman District 2 District 5

Carl Rhea District 3

David Eaton District 4

Lonzo Lester County Administrator

UBLIC NOTICE

The Russell County Board of Supervisors will conduct a Public Hearing on Monday, March 4, 2019 at 6:00 p.m. to hear comments concerning the “Belfast Water Project”.

The Public Hearing will be held in the Russell County Board of Supervisors

Meeting Room at the Russell County Governmental Center, 137 Highland Drive,

Lebanon, Virginia during the regular monthly meeting.

BY ORDER OF THE

RUSSELL COUNTY BOARD OF SUPERVISORS

Russell County Government Center

137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011

www.russellcountyva.us

Russell County Virginia “The Heart of Southwest Virginia”

Harry Ferguson Carl Rhea At-Large District 3

Tim Lovelace Rebecca Dye, Chairperson David Eaton District 1 District 6 District 4

Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 County Administrator

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

RESOLUTION

WHEREAS, Russell County, Virginia has as its primary objective the provision of adequate water facilities; and

WHEREAS, the County wishes to apply for Virginia Community Development Block Grant funds in the 2019 Grant funding cycle; and

WHEREAS, the title of the County’s grant project is the Belfast Waterline Extension Project, Phase I; and

WHEREAS, the County is requesting $550,000 Virginia Community Development Block Grant Funds; and

WHEREAS, the County has obtained or will obtain the $225,000 in additional funds for this project through, SW W/WW ($100,000 – Committed) and CWDF ($125,000- Committed) for a total project cost of $775,000; and

WHEREAS, 73 households representing 92 LMI persons or (56%) will be served; and

WHEREAS, two public hearings have been advertised and properly conducted and one other form of public notice and necessary assurances executed; and

NOW, THEREFORE BE IT RESOLVED, that the Russell County Board of Supervisors authorizes the submission of this grant proposal in the amount of $775,000 to the Virginia Department of Housing and Community Development for the Belfast Waterline Extension Project, Phase I and designates the County Administrator as its representative to sign all documents pertaining thereto.

This 1st day of March 4, 2019.

________________________________________

Chairperson
Russell County Board of Supervisors

ATTEST:

Russell County Virginia

“The Heart of Southwest Vi ia” Harry Ferguson Carl Rhea At-Large District 3 Tim Lovelace Rebecca Dye, Chairperson David Eaton District 4 District 6 District 4 Lou Ann Wallace Steve Breeding, Vice-Chairman Lonzo Lester District 2 District 5 Gounty Administrator RESOLUTION

WHEREAS, Russell County, Virginia has as its primary objective the provision of adequate water facilities; and

WHEREAS, the County wishes to apply for Virginia Community Development Block Grant funds in the 2019 Grant funding cycle; and

WHEREAS, the title of the County’s grant project is the Belfast Waterline Extension Project, Phase |; and

WHEREAS, the County is requesting $550,000 Virginia Community Development Block Grant Funds; and

WHEREAS, the County has obtained or will obtain the $225,000 in additional funds for this project through, SW W/WW ($100,000 - Committed) and CWDF ($125,000- Committed) for a total project cost of $775,000; and

WHEREAS, 73 households representing 92 LMI persons or (56%) will be served; and

WHEREAS, two public hearings have been advertised and properly conducted and one other form of public notice and necessary assurances executed; and

NOW, THEREFORE BE IT RESOLVED, that the Russell County Board of Supervisors authorizes the submission of this grant proposal in the amount of $775,000 to the Virginia Department of Housing and Community Development for the Belfast Waterline Extension Project, Phase | and designates the County Administrator as its representative to sign all documents pertaining thereto.

This 1st day of March 4, 2019.

Chairperson Russell County Board of Supervisors

ATTEST:

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

GENERAL ASSURANCES AND CERTIFICATION

(Original copy in original proposal; photocopies in other copies)

The applicant hereby assures and certifies that:

(a) It possesses legal authority to apply for the grant, and to execute the proposed program.

(b) Its governing body has duly adopted or passed as an official act a resolution, motion, or

similar action authorizing the filing of the application including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.

Virginia Department of Housing and Community Development:

i. Consents to assume the status of a responsible Federal official under the National

Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified at 24 CFR 58.5(a) through (h) which serve to further the purposes of NEPA insofar as the provisions of such Federal law apply to this Program;

ii. Is authorized and consents on behalf of the applicant and himself to accept the

jurisdiction of the Federal and Commonwealth of Virginia courts for the purpose of enforcement of his responsibilities as such an official.

(d) It will comply with the regulations, policies, guidelines and requirements of the Code of

Federal Regulations (24 CFR Part 85), OMB Circular A-128 and Circular A-87 as they relate to the application, acceptance, and use of Federal funds under this Program; and, as applicable, all State laws and administrative requirements which may supersede them (by virtue of being more stringent).

(e) It will comply with the provisions of Executive Order 11988, relating to evaluation of

flood hazards and Executive Order 12088 relating to the prevention, control and abatement of water pollution.

(f) It will require buildings or facilities designed, constructed, or altered with funds provided

under this Program to comply with the “American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped,” Number A-117.1-R 1980, or Uniform Federal Accessibility Standards (UFAS) in accordance with the Virginia Uniform Statewide Building Code. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor.

GENERAL ASSURANCES AND CERTIFICATION

(Original copy in original proposal; photocopies in other copies)

The applicant hereby assures and certifies that: (a) It possesses legal authority to apply for the grant, and to execute the proposed program.

(b) Its governing body has duly adopted or passed as an official act a resolution, motion, or similar action authorizing the filing of the application including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.

i, Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified at 24 CFR 58.5(a) through (h) which serve to further the purposes of NEPA insofar as the provisions of such Federal law apply to this Program;

ii, Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal and Commonwealth of Virginia courts for the purpose of enforcement of his responsibilities as such an official.

(d) It will comply with the regulations, policies, guidelines and requirements of the Code of Federal Regulations (24 CFR Part 85), OMB Circular A-128 and Circular A-87 as they relate to the application, acceptance, and use of Federal funds under this Program; and, as applicable, all State laws and administrative requirements which may supersede them (by virtue of being more stringent).

(e) It will comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards and Executive Order 12088 relating to the prevention, control and abatement of water pollution.

(£) It will require buildings or facilities designed, constructed, or altered with funds provided under this Program to comply with the “American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped,” Number A-117.1-R 1980, or Uniform Federal Accessibility Standards (UFAS) in accordance with the Virginia Uniform Statewide Building Code. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor.

(g) It will not recover the capital costs for public improvements financed in whole or in part with CDBG funds through assessments against properties owned and occupied by low- and moderate-income persons nor will fees or assessments be charged to such persons as a condition of obtaining access to the public improvements. (Per section 104(b)(5) of Title I of Housing and Community Development Act of 1974, as amended).

(h) It will comply with:

i. Title VI of the Civil Rights Act of 1964 (Pub. L 88-352), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance. A recipient, in determining the types of housing, accommodations, facilities, services, financial aid, or other benefits which will be provided under any such program or activity, or the class of persons to whom, or the situations in which, such housing, accommodations, facilities, services, financial aid, or other benefits will be provided under any such program or activity, or the class of persons to be afforded an opportunity to participate in any such program or activity, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity as respect to persons of a particular race, color, or national origin.

The project service area shall not be selected in such a manner as to provide services to a

population in which the proportion of minority and other protected population groups is substantially lower than the proportion of those groups throughout the jurisdiction of the locality unless:

• the areas of disproportionate concentrations of minority and other protected

population groups has already been served, or • there are definite plans for the imminent provision of similar services to those areas,

or • there is reasonable justification for the provision of services to the selected area

notwithstanding the substantially lower proportion of minority and other protected population groups.

ii. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering

all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services.

iii. Section 109 of the Housing and Community Development Act of 1974, and the

regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be

(2)

(h)

ii,

iii

It will not recover the capital costs for public improvements financed in whole or in part with CDBG funds through assessments against properties owned and occupied by low- and moderate-income persons nor will fees or assessments be charged to such persons as a condition of obtaining access to the public improvements. (Per section 104(b)(5) of Title I of Housing and Community Development Act of 1974, as amended).

It will comply with:

i, Title VI of the Civil Rights Act of 1964 (Pub. L 88-352), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance. A recipient, in determining the types of housing, accommodations, facilities, services, financial aid, or other benefits which will be provided under any such program or activity, or the class of persons to whom, or the situations in which, such housing, accommodations, facilities, services, financial aid, or other benefits will be provided under any such program or activity, or the class of persons to be afforded an opportunity to participate in any such program or activity, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity as respect to persons of a particular race, color, or national origin

The project service area shall not be selected in such a manner as to provide services to a population in which the proportion of minority and other protected population groups is

substantially lower than the proportion of those groups throughout the jurisdiction of the locality unless:

Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services.

Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Part 570,602), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be

excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or part with funds provided under this Program. Any prohibition against discrimination on the basis of age under Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 as amended shall also apply to this Program.

iv. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale

or rental of housing built with Federal assistance.

v. Executive Order 11246, and the regulations issued pursuant thereto 41 CFR Chapter 60), which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. Contractors and subcontractors on Federal and federally assisted construction contracts shall take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training and apprenticeship.

(i) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project.

(j) It will:

i. In acquiring real property be guided, to the greatest extent practicable under State law, by the land acquisition policies in Sections 301 and 302 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and

ii. Pay or reimburse property owners for necessary expenses as specified in Section 303 and

304 of the Uniform Act; and

iii. Comply with the applicable Sections (202 through 205) of Title II (relocation assistance)

of the Uniform Act in providing relocation payments and relocation assistance; and

iii. Comply with DOT regulations at 49 CFR Part 24 in implementing the requirements, it will:

Carry out the policies and procedures of Part 24 in a manner that insures that the

acquisition and relocation processes do not result in different or separate treatment to persons on account of race, color, religion, sex, national origin, or source of income; and

iv. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance

vy. Executive Order 11246, and the regulations issued pursuant thereto 41 CFR Chapter 60), which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. Contractors and subcontractors on Federal and federally assisted construction contracts shall take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training and apprenticeship.

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i, In acquiring real property be guided, to the greatest extent practicable under State law, by the land acquisition policies in Sections 301 and 302 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and

ii, Pay or reimburse property owners for necessary expenses as specified in Section 303 and 304 of the Uniform Act; and

iii, Comply with the applicable Sections (202 through 205) of Title II (relocation assistance) of the Uniform Act in providing relocation payments and relocation assistance; and

iii, Comply with DOT regulations at 49 CFR Part 24 in implementing the requirements, it will:

Carry out the policies and procedures of Part 24 in a manner that insures that the acquisition and relocation processes do not result in different or separate treatment to persons on account of race, color, religion, sex, national origin, or source of income; and
Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of race, color, religion, sex, national origin, or source of income; and
Inform affected persons of their rights under the policies and procedures set forth

under the regulations in Part 24, including their rights under Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968, as amended.

(k) It will establish safeguards to prohibit employees from using positions for a purpose that is or

gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

(l) It will comply with the provisions of the Hatch Act which limits the political activity of

employees.

(m) It will comply with the provisions of the Davis-Bacon Act as amended and the Contract

Work Hours and Safety Standards Act as determined by the Secretary of Labor. This section shall apply to rehabilitation of residential property only if such property is designed for residential use of eight or more families.

(n) It will give the Virginia Department of Housing and Community Development and the

Comptroller General through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant.

(o) It will insure that facilities under its ownership, lease or supervision which shall be utilized in

the accomplishment of the program are not listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Virginia Department of Housing and Community Development of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.

(p) It will comply with the flood insurance purchase requirements of Section 102 (a) of the Flood Disaster Protection Act of 1973, Pub. L. 93-234, 87 Stat. 975, approved December 31, 1973. Section 103 (a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area, that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase “Federal financial assistance” includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.

(q) It will in connection with its performance of environmental assessments under the National

Environmental Policy Act of 1969, comply with Section 106 of the National Historic

Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of race, color, religion, sex, national origin, or source of income; and
Inform affected persons of their rights under the policies and procedures set forth under the regulations in Part 24, including their rights under Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968, as amended.

(k) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

(1) Itwill comply with the provisions of the Hatch Act which limits the political activity of employees.

(m)It will comply with the provisions of the Davis-Bacon Act as amended and the Contract Work Hours and Safety Standards Act as determined by the Secretary of Labor. This section shall apply to rehabilitation of residential property only if such property is designed for residential use of eight or more families.

(n) It will give the Virginia Department of Housing and Community Development and the Comptroller General through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant.

(0) It will insure that facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Virginia Department of Housing and Community Development of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.

(q) It will in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic

Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et. Seq.) by:

i. Consulting with the State Historic Preservation Officer to identify properties listed in or

eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and

ii. Complying with all requirements established by HUD and the Virginia Department of

Housing and Community Development to avoid or mitigate adverse effects upon such properties.

® Assure upon funding, it will implement a "residential anti-displacement and relocation

assistance plan," pursuant to Section 570.496a(b).

(s) It will implement all required actions to ensure compliance pursuant to 24 CFR Part 8,

Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities.

(t) The undersigned certifies, to the best of his or her knowledge and belief, that:

i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

ii. If any funds other than Federal appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee or any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

iii. The undersigned shall require that the language of this certification be included in the

award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed

when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

()

(s)

)

ii.

iii

Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-I, et. Seq.) by:

Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity, and

Complying with all requirements established by HUD and the Virginia Department of Housing and Community Development to avoid or mitigate adverse effects upon such properties.

Assure upon funding, it will implement a “residential anti-displacement and relocation assistance plan,” pursuant to Section 570.496a(b).

It will implement all required actions to ensure compliance pursuant to 24 CFR Part 8, Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities.

The undersigned certifies, to the best of his or her knowledge and belief, that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

(u) Any survey information submitted with the application is a true representation of the data and has not been altered or fabricated. The survey was conducted and analyzed in strict accordance with the methodology stated.

(v) The certification set out below is a material representation upon which reliance is placed by

the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, take action authorized under the Drug-Free Workplace Act.

Chief Administrative Official:

        Lonzo Lester_______________          County Administrator___________

Name Title

Signature Date

(u) Any survey information submitted with the application is a true representation of the data and

has not been altered or fabricated. The survey was conducted and analyzed in strict accordance with the methodology stated.

(v) The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If itis later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban

Development, in addition to any other remedies available to the Federal Government, take action authorized under the Drug-Free Workplace Act.

Chief Administrative Official:

Lonzo Lester County Admi Name Title Signature Date

DRUG-FREE WORKPLACE ASSURANCES AND CERTIFICATION

(Original copies in original proposal; photocopies in other proposal copies.)

The grantee certifies that it will provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,

dispensing, possession or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

(b) Establishing a drug-free awareness program to inform employees about -

i. The dangers of drug abuse in the workplace;

ii. The grantee’s policy of maintaining a drug-free workplace;

iii. Any available drug counseling, rehabilitation, and employee assistance programs; and

iv. The penalties that may be imposed upon employees for drug abuse violations occurring

in the workplace;

given a copy of the statement required by paragraph (a);

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of

employment under the grant, the employee will -

i. Abide by the terms of the statement; and

ii. Notify the employer of any criminal drug statue conviction for a violation occurring in the

workplace no later than five days after such conviction;

(e) Notifying the U.S. Department of Housing and Urban Development within ten days after

receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such condition;

(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph

(d)(2), with respect to any employee who is so convicted –

i. Taking appropriate personnel action against such an employee, up to and including termination; or

DRUG-FREE WORKPLACE ASSURANCES AND CERTIFICATION

(Original copies in original proposal; photocopies in other proposal copies.)

The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about - i, The dangers of drug abuse in the workplace; ii, The grantee’s policy of maintaining a drug-free workplace;

iii, Any available drug counseling, rehabilitation, and employee assistance programs; and

iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -

i. Abide by the terms of the statement; and

ii, Notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than five days after such conviction;

(e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such condition;

(8) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted —

i, Taking appropriate personnel action against such an employee, up to and including termination; or

ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through

implementation of paragraphs (a), (b), ©, (d), (e) and (f).

Chief Administrative Official:

        Lonzo Lester_______________          County Administrator___________

Name Title

Signature Date

ii, Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (¢), (d), (e) and (f).

Chief Administrative Official:

Lonzo Lester County Administrator Name Title

Signature Date

APPLICANT DISCLOSURE REPORT Part I – Summary Information

Applicant Russell County Board of Supervisors___

Address 137 Highlands Drive_________________

Lebanon, VA  24266________________

Contact Person Lonzo Lester_______________________

Address 137 Highlands Drive_________________

Lebanon, VA  24266______________

Phone Number 276-889-8000____________ ____________

Project Name Belfast Waterline Extension Project

FIN or SS#

DUNS Number

Are you requesting CDBG funding of $200,000 or more? YES NO

If yes, the remainder of this Applicant Disclosure Report must be completed and the original must be attached to the original copy of the proposal. Photocopies in other copies.

Part II– Other Governmental Assistance in Project

Source of Assistance

Program / Use of Funds

Type of Assistance Amount

Cumberland Platea PDC

Thompson and Litton Engineering

Administration

Engineering

Waterline Construction

$50,000

APPLICANT DISCLOSURE REPORT Part I - Summary Information

‘Applicant Russell County Board of Supervisors Address 137 Highlands Drive

Lebanon, VA_24266

Contact Person Lonzo Lester

Address 137 Highlands Drive

Lebanon, VA_24266

Phone Number — 276-889-8000,

Project Name Belfast Waterline Extension Project

FIN or SS#

DUNS Number

Are you requesting CDBG funding of $200,000 or more? ‘Ml YES NO

If yes, the remainder of this Applicant Disclosure Report must be completed and the original must be attached to the original copy of the proposal. Photocopies in other copies.

Part H- Other Governmental Assistance in Project

Source of Assistance Program / Type of Assistance ‘Amount Use of Funds ‘Cumberland Platea PDC Administration Waterline $50,000 Construction Thompson and _—_Litton | Engineering $

Engineering

Part III– Interest Disclosure

Interested Parties Social Security / FIN

Employer ID Type of

Participation Financial Interest

In Project ($ and %) Thompson & Litton

Cumberland Plateau PDC

54-0890792

54-0837020

A/E Services

Administration

$50,000

I hereby certify that, to the best of my knowledge, the information contained in this Applicant Disclosure Report is true and accurate.

Chief Administrative Official:

Lonzo Lester______________________ County Administrator ____ Name Title

Signature Date

Part III- Interest Disclosure

Interested Parties | Social Security / FIN Type of Financial Interest Employer ID Participation In Project ($ and %) Thompson & Litton 54-0890792 AIE Services $ Cumberland Plateau PDC | 54-0837020 Administration $50,000

Thereby certify that, to the best of my knowledge, the information contained in this Applicant Disclosure Report is true and accurate.

Chief Administrative Official:

Lonzo Lester

County Administrator

Name

Title

Signature

Date

SAMPLE RESOLUTION Be it resolved that, pursuant to two public hearings, LOCALITY NAME wishes to apply for AMOUNT of Virginia Community Development Block Grant funds for PROJECT TITLE.

Whereas LIST AMOUNTS AND SOURCES OF OTHER FUNDS will also be expended on this project, it is projected that NUMBER AND TYPE OF BENEFICIARIES will result from the implementation of this project, of which NUMBER will be low-and moderate- income persons (where applicable).

Be it further resolved that CHIEF ADMINISTRATIVE OFFICIAL is hereby authorized to sign and submit appropriate documents for the submittal of this Virginia Community Development Block Grant proposal.

All resolutions should be signed and dated with the exact dollar amounts pledged to help leverage the project. Contact DHCD with any questions.

SAMPLE RESOLUTION

Be it resolved that, pursuant to two public hearings, LOCALITY NAME wishes to apply for AMOUNT of Virginia Community Development Block Grant funds for PROJECT TITLE.

Whereas LIST AMOUNTS AND SOURCES OF OTHER FUNDS will also be expended on this project, it is projected that N [BER AND TYPE OF BENEFICIARIES will result from the implementation of this project, of which NUMBER will be low-and moderate- income persons (where applicable).

Be it further resolved that CHIEF ADMINISTRATIVE OFFICIAL is hereby authorized to sign and submit appropriate documents for the submittal of this Virginia Community Development Block Grant proposal.

All resolutions should be signed and dated with the exact dollar amounts pledged to help leverage the project. Contact DHCD with any questions.

CDBG CITIZEN PARTICIPATION

For All Potential Local Government Applicants: It is important that community development projects carried out wholly or in part with Virginia Community Development Block Grant (CDBG) funds involve extensive citizen participation during the proposal development process. Local citizen participation should be encouraged throughout the process of developing a Community Improvement Grant (CIG) proposal. In particular, participation by low- and moderate-income (LMI) residents of the project service area or a slum and blight area should be encouraged. Participation is encouraged prior to submitting a Planning Grant proposal, but there are no firm requirements.

The following steps, however, are required for each local government wishing to submit a Community Improvement Grant proposals, including both competitive round projects and projects being submitted under the open submission funds.

Public Hearing Requirement At a minimum, at least two public hearings must be held during the CIG proposal development period.

• The two hearings must, at a minimum, be held one week apart.
• Advertisements for the two public hearing must be published separately. Applicants may

not only publish one advertisement that includes information on both public hearings.
• Both public hearings must be held within twelve months of the application deadline

(defined by DHCD in 2016 as after March 31, 2015). In the case of the same proposal being resubmitted from the prior competitive year, DHCD may waive the public hearing requirement on community development needs (first public hearing).

• Files must be maintained containing documentary evidence that the hearings were held, to include at a minimum a list of attendees, minutes of the hearings, and notices (2 types) of the public hearings.

• For regional proposals, each participating locality must hold two public hearings as described above.

• Applicants must provide timely written answers to written comments and grievances, within 15 working days where practicable.

Each hearing must be held after adequate notice as described below:

Notice of Public Hearings Advertisement must be made in a non-legal, locally-circulated newspaper with the largest general circulation at least seven days prior to each hearing. The public hearing notices must

CDBG CiTIZEN PARTICIPATION

For All Potential Local Government Applicants:

It is important that community development projects carried out wholly or in part with Virginia Community Development Block Grant (CDBG) funds involve extensive citizen participation during the proposal development process. Local citizen participation should be encouraged throughout the process of developing a Community Improvement Grant (CIG) proposal. In particular, participation by low- and moderate-income (LMI) residents of the project service area ora slum and blight area should be encouraged. Participation is encouraged prior to submitting a Planning Grant proposal, but there are no firm requirements.

Public Hearing Requirement Ata minimum, at least two public hearings must be held during the CIG proposal development period,

Advertisements for the two public hearing must be published separately. Applicants may not only publish one advertisement that includes information on both public hearings
Both public hearings must be held within twelve months of the application deadline (defined by DHCD in 2016 as after March 31, 2015). In the case of the same proposal being resubmitted from the prior competitive year, DHCD may waive the public hearing requirement on community development needs (first public hearing).

© Files must be maintained containing documentary evidence that the hearings were held, to include at a minimum a list of attendees, minutes of the hearings, and notices (2 types) of the public hearings.

For regional proposals, each participating locality must hold two public hearings as described above.

Applicants must provide timely written answers to written comments and grievances, within 15 working days where practicable.

Each hearing must be held after adequate notice as described below:

Notice of Public Hearings

Advertisement must be made in a non-legal, locally-circulated newspaper with the largest general circulation at least seven days prior to each hearing. The public hearing notices must

provide the address, phone number, TDD, and times for submitting comments and grievances to the applicant locality. If publishing in a weekly paper, be sure the ads are published in such a manner as to comply with the requirements outlined here.

At least one other type of announcement must be done for each public hearing (examples below), at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped.
• Advertisement through locally-received radio and/or television stations; • Distribution of flyers in LMI areas and in the proposed service area(s); • Announcements at local community organization meetings; or, • Announcements through local churches and community centers located in LMI and proposed

project areas.

First Public Hearing The first hearing must be held early in the CIG proposal development process to identify the applicant’s community development and housing needs, the range of eligible project types funded through the CDBG program and the amount of money available to the applicant, as well as the applicant’s past performance (if applicable) in the CDBG program during the previous five years. At a minimum citizens should be furnished with information concerning the amount of funds available (including program income) for proposed activities and the range of activities that may be undertaken, including the estimated amount to be used for activities that will benefit low- and moderate-income persons, the proposed CDBG activities likely to result in displacement, and plans for minimizing displacement of persons as a result of the CDBG project, and plans to assist persons actually displaced by the project.

Between the two hearings applicants must make available to the public a fact sheet or proposal summary that identifies the proposed activities and objectives for the project and identifies who will be affected by these activities. Citizens must have an opportunity to comment on this document.

Second Public Hearing A second hearing must be held for public review of and comment on the final draft of the CIG proposal. A final draft or detailed fact sheet presenting the key activities and eligible benefits of the project must be available at the second public hearing, if not before.

Additional Citizen Participation Requirements Local citizens should be provided with reasonable and timely access to local meetings, information, and records relating to the applicant locality’s proposed and actual use of CDBG funds. Meetings should be conducted according to the standards established for the public hearings cited below (#4). CDBG-related information and records must be made available to interested citizens with the availability of such items announced at least in the same manner as the public hearing advertisements.

At least one other type of announcement must be done for each public hearing (examples

below), at times and locations convenient to potential or actual beneficiaries, and with

accommodation for the handicapped.

Announcements at local community organization meetings; or,

First Public Hearing

The first hearing must be held early in the CIG proposal development process to identify the applicant’s community development and housing needs, the range of eligible project types funded through the CDBG program and the amount of money available to the applicant, as well as the applicant’s past performance (if applicable) in the CDBG program during the previous five years, Ata minimum citizens should be furnished with information concerning the amount of funds available (including program income) for proposed activities and the range of activities that may be undertaken, including the estimated amount to be used for activities that will benefit low- and moderate-income persons, the proposed CDBG activities likely to result in displacement, and plans for minimizing displacement of persons as a result of the CDBG project, and plans to assist persons actually displaced by the project.

Second Public Hearing

‘A second hearing must be held for public review of and comment on the final draft of the CIG proposal. A final draft or detailed fact sheet presenting the key activities and eligible benefits of the project must be available at the second public hearing, if not before.

Additional Citizen Participation Requirements

Local citizens should be provided with reasonable and timely access to local meetings, information, and records relating to the applicant locality’s proposed and actual use of CDBG funds. Meetings should be conducted according to the standards established for the public hearings cited below (#4). CDBG-related information and records must be made available to interested citizens with the availability of such items announced at least in the same manner as the public hearing advertisements.

Technical assistance must be provided to groups representative of persons of low- and moderate- income that request such assistance in developing proposals for use of CDBG funds. The level and type of assistance is determined by the applicant locality but must include at least consultation and written communication between a local contact person responsible for the CDBG proposal’s development and interested groups. The name, address, and telephone number of the contact person(s) must be made available upon request and announced at all public meetings held on the CDBG proposal.

Where 5 percent or more of public hearing participants can be reasonably expected to be non-English speaking residents, applicants must take measures to accommodate their needs.
Census data on the proposed project area and on the locality as a whole should be consulted to determine if this provision applies in a particular instance. Meeting this provision requires, at a minimum, having printed material available in the non-English language(s) and retaining the services of an interpreter(s) for all CDBG-related meetings and public hearings.

An applicant with a current CIG project to which activities are to be added, deleted, or substantially changed (that is, substantial changes made in terms of purpose, scope, location, or beneficiaries) must provide local citizens through a public hearing with an opportunity for comment on such changes, after the locality has informed citizens of the changes at least seven days prior to the hearing.

Applicants must keep documentation of how they met the above requirement in their CDBG files for verification. This documentation should include:

• Documentation of the Public Hearing advertisements, • Documentation of the second method used to notify citizens of the public hearings, • List of attendees, • Minutes from the first hearing showing: • Available funds, • Available activities, • Past use of CDBG funds, • Minutes from the second hearing showing: • Description of proposed activities, • Plans to minimize displacement and assist displaced persons (if applicable), and • Any requested special accommodations.

None of the foregoing may be construed to restrict the responsibility or authority of the local government applicant in the development and execution of its Community Improvement Grant project.

Where 5 percent or more of public hearing participants can be reasonably expected to be non-English speaking residents, applicants must take measures to accommodate their needs. Census data on the proposed project area and on the locality as a whole should be consulted to determine if this provision applies in a particular instance. Meeting this provision requires, at a minimum, having printed material available in the non-English language(s) and retaining the services of an interpreter(s) for all CDBG-related meetings and public hearings.

‘An applicant with a current CIG project to which activities are to be added, deleted, or substantially changed (that is, substantial changes made in terms of purpose, scope, location, or beneficiaries) must provide local citizens through a public hearing with an opportunity for ‘comment on such changes, after the locality has informed citizens of the changes at least seven days prior to the hearing.

‘Applicants must keep documentation of how they met the above requirement in their CDBG files for verification, This documentation should include:

Documentation of the Public Hearing advertisements, Documentation of the second method used to notify citizens of the public hearings, List of attendees,

Minutes from the first hearing showing:

‘Available funds,

Available activities,

Past use of CDBG funds,

Minutes from the second hearing showing:

Description of proposed activities,

Plans to minimize displacement and assist displaced persons (if applicable), and Any requested special accommodations,

None of the foregoing may be construed to restrict the responsibility or authority of the local government applicant in the development and execution of its Community Improvement Grant project.

Public Hearing Advertisements These advertisements should be made in accordance with the Plan above.

Model Advertisement – First Public Hearing (Locality) will hold a public hearing on (date) at (time) at (location) to solicit public input on local community development and housing needs in relation to Community Development Block Grant (CDBG) funding for a project in our community.

Information on the amount of funding available, the requirements on benefit to low- and moderate-income persons, eligible activities, and plans to minimize displacement and provide displacement assistance as necessary will be available. Citizens will also be given the opportunity to comment on (locality’s) past use of CDBG funds. All interested citizens are urged to attend. For additional information, contact (local contact name and information).

Comments and grievances can be submitted in writing to (locality) at (address) or by phone at (phone number and TDD) until (cut-off date).

If you plan to attend and have any special needs requirements, please call the number listed above.

Model Advertisement – Second Public Hearing (Locality) will hold a public hearing on (date) at (time) at (location) to solicit public input on the proposed Community Development Block Grant (CDBG) proposal to be submitted to the Virginia Department of Housing and Community Development for (project name). Residents of the project area are encouraged to attend. The (project name) proposal will include the following activities (list activities).

The draft CDBG proposal will be presented for comment along with information on projected beneficiaries, including the number of low- and moderate-income residents to benefit from the proposed project, and plans to minimize displacement. Citizens will also be given the opportunity to comment on (locality’s) past use of CDBG funds. A fact sheet on the proposed project and the draft proposal is available at (location). For additional information, contact (local contact name and information).

Comments and grievances can be submitted in writing to (locality) at (address) or by phone at (phone number and TDD) until (cut-off date).

If you plan to attend and have any special needs requirements, please call the number listed above.

Public Hearing Advertisements These advertisements should be made in accordance with the Plan above.

Model Advertisement — First Public Hearing (Locality) will hold a public hearing on (date) at (time) at (location) to solicit public input on local community development and housing needs in relation to Community Development Block Grant (CDBG) funding for a project in our community.

Information on the amount of funding available, the requirements on benefit to low- and moderate-income persons, eligible activities, and plans to minimize displacement and provide displacement assistance as necessary will be available, Citizens will also be given the opportunity to comment on (locality’s) past use of CDBG funds. All interested citizens are urged to attend. For additional information, contact (local contact name and information).

Comments and grievances can be submitted in writing to (locality) at (address) or by phone at (phone number and TDD) until (cut-off date).

If you plan to attend and have any special needs requirements, please call the number listed above.

Model Advertisement — Second Public Hearing (Locality) will hold a public hearing on (date) at (time) at (location) to solicit public input on the proposed Community Development Block Grant (CDBG) proposal to be submitted to the Virginia Department of Housing and Community Development for (project name). Residents of the project area are encouraged to attend. The (project name) proposal will include the following activities (list activities).

The draft CDBG proposal will be presented for comment along with information on projected beneficiaries, including the number of low- and moderate-income residents to benefit from the proposed project, and plans to minimize displacement. Citizens will also be given the ‘opportunity to comment on (locality’s) past use of CDBG funds. A fact sheet on the proposed project and the draft proposal is available at (location). For additional information, contact (local contact name and information).

Comments and grievances can be submitted in writing to (locality) at (address) or by phone at (phone number and TDD) until (cut-off date).

If you plan to attend and have any special needs requirements, please call the number listed above.

CITIZEN PARTICIPATION ASSURANCES AND CERTIFICATION

The applicant assures and certifies that it has provided its citizens adequate opportunities to participate in the development of this proposal by:

• Holding at least two public hearings in the locality prior to the submission of the proposal, the

first one for the purpose of obtaining the views of citizens on community development and housing needs and the second (held at least 7 days after the first) for the purpose of informing the public on the proposed CDBG project. Participation by low- and moderate-income residents and stakeholders in the project or service area and the community at large was encouraged. The hearings were held at times and locations convenient to potential beneficiaries and with accommodation for the disabled. Public input into the development of this proposal was obtained at hearings held on:

2/21/19____________________ AND 3/4/119_________________;
(date) (date)

• Publishing a notice to advertise the public hearings and availability of proposal information at

least 7 days prior to the dates of the hearings in the non-legal section of a NEWSPAPER of local general circulation and AT LEAST ONE OTHER TYPE OF ANNOUNCEMENT. The advertisements ran on:

2/13/19___________________ AND 2/20/19________________; (date) (date)

Advertisements for the two public hearing must be published separately. Applicants may not only publish one advertisement that includes information on both public hearings.

• Maintaining files which contain documentary evidence that the hearings were held. These files

must contain proof of publication of the hearing notices, written and/or recorded minutes of the hearings, and lists of citizens attending the hearings;

• Making CDBG program and proposal documentation available to the public for comment

during regular office hours. This documentation should include the range of proposed activities, the estimated amounts of funding which will benefit low- and moderate-income persons, the plans to minimize displacement and provide displacement assistance where applicable, and a summary of the proposed application. This documentation should also include public information on any other CDBG project undertaken within the last 5 years;

• Providing technical assistance to groups representative of persons of low- and moderate-

income that request such assistance in developing proposals for the use of CDBG funds, with the level and type of assistance determined by the locality;

CITIZEN PARTICIPATION ASSURANCES AND CERTIFICATION

The applicant assures and certifies that it has provided its citizens adequate opportunities to participate in the development of this proposal by:

Holding at least two public hearings in the locality prior to the submission of the proposal, the first one for the purpose of obtaining the views of citizens on community development and housing needs and the second (held at least 7 days after the first) for the purpose of informing the public on the proposed CDBG project. Participation by low- and moderate-income residents and stakeholders in the project or service area and the community at large was encouraged. The hearings were held at times and locations convenient to potential beneficiaries and with accommodation for the disabled. Public input into the development of this proposal was obtained at hearings held on:

2/21/19 AND 3/4/119 3 (date) (date)

© Publishing a notice to advertise the public hearings and availability of proposal information at least 7 days prior to the dates of the hearings in the non-legal section of a NEWSPAPER of local general circulation and AT LEAST ONE OTHER TYPE OF ANNOUNCEMENT. The advertisements ran on:

213/19 AND 220/19 3 (date) (date)

Advertisements for the two public hearing must be published separately. Applicants may not only publish one advertisement that includes information on both public hearings.

© Maintaining files which contain documentary evidence that the hearings were held. These files must contain proof of publication of the hearing notices, written and/or recorded minutes of the hearings, and lists of citizens attending the hearings;

Making CDBG program and proposal documentation available to the public for comment during regular office hours. This documentation should include the range of proposed activities, the estimated amounts of funding which will benefit low- and moderate-income persons, the plans to minimize displacement and provide displacement assistance where applicable, and a summary of the proposed application, This documentation should also include public information on any other CDBG project undertaken within the last 5 years;

© Providing technical assistance to groups representative of persons of low- and moderate- income that request such assistance in developing proposals for the use of CDBG funds, with the level and type of assistance determined by the locality;

• Providing timely written responses to written complaints and grievances, within 15 working days where practicable;

• Accommodating the needs of non-English speaking residents at public hearings where more than 5% of the attendees can be reasonably expected not to speak English; and,

• Adhering to the CDBG Citizen Participation Plan per the 2015 CDBG Program Design.

Chief Administrative Official

  Lonzo Lester___________________         County Administrator____________________ 
                   Name                      Title 


   ________________________________ ______________________________ 
                        Signature        Date

Attach original copies of all newspaper Public Hearing notices. Original notice copies should be clipped from the appropriate newspapers and attached with clear tape to 8 ½-inch x 11-inch white paper with the date of publication clearly visible. Photocopies should be made for other proposal copies

In Regional proposals, each participating locality must conduct two public hearings and the proposal must contain, from each participating locality, a signed copy of this page and copies of all newspaper advertisements. Again, originals in original copy and photocopies in other copies.

Accommodating the needs of non-English speaking residents at public hearings where more than 5% of the attendees can be reasonably expected not to speak English; and,

Adhering to the CDBG Citizen Participation Plan per the 2015 CDBG Program Design.

Chief Administrative Official

Lonzo Lester County Administrator Name Title Signature Date

Attach original copies of all newspaper Public Hearing notices. Original notice copies should be clipped from the appropriate newspapers and attached with clear tape to 8 ¥4-inch x 11-inch white paper with the date of publication clearly visible. Photocopies should be made for other proposal copies

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Information Item 137 Highland Drive Presenters - Various Lebanon, VA 24266

      Meeting:    3/4/19    6:00 PM

Acknowledgements

2018 All-State Wrestling Teams Honors
2018 All-State Football Honors
2018 All-State Volleyball Honors

Staff Recommendation:

Presentation – Informational Only.

Suggested Motion:

No Motion Required.

ATTACHMENTS: • Honors Listing

Board of Supervisors Information Item 137 Highland Drive Presenters - Various Lebanon, VA 24266

3/4/19

Meetin: 00 PM

Acknowledgements

2018 All-State Wrestling Teams Honors
2018 All-State Football Honors
2018 All-State Volleyball Honors

Staff Recommendation:

Presentation — Informational Only. ‘Suggested Motion:

No Motion Required.

ATTACHMENTS:

Honors Listing

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Lebanon High School Volleyball Coaches: Jaimie Gilbert & Dean Price

Cassidy Burke

Second Team VHSL Group 2A All State Volleyball

Lebanon High School Football Coaches Michael Webb and Chris Conley

Seth Stanley Second Team VHSL Group 2A All State Football

Lebanon High School Wrestling Team Coach Michael Webb

Cole Stoots State Wrestling Champion 170 Weight Class Four Time State Champion

Logan Smith State Wrestling Champion 182 Weight Class Two Time State Champion

Castlewood High School Wrestling Team

Casey Bush 2019 State Wrestling Champion Two Time State Champion

Gunnar Jessee 2019 State Wrestling Champion

Lebanon High School Volleyball Coaches: Jaimie Gilbert & Dean Price

Cassidy Burke Second Team VHSL Group 2A All State Volleyball

Lebanon High School Football Coaches Michael Webb and Chris Conley

Seth Stanley Second Team VHSL Group 2A All State Football

Lebanon High School Wrestling Team Coach Michael Webb

Cole Stoots State Wrestling Champion 170 Weight Class Four Time State Champion

Logan Smith State Wrestling Champion 182 Weight Class Two Time State Champion

Castlewood High School Wrestling Team

Casey Bush 2019 State Wrestling Champion Two Time State Champion

Gunnar Jessee 2019 State Wrestling Champion

| | |

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors Information Item A-1

137 Highland Drive Presenters - Various Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

Presentations

Dr. Greg Brown – RC Schools – RC School Budget………………………………A-1
Hyder Hughes - RC Sheriff Department – Litter Ordinance
Brandon Blevins – Soil & Water Conservation District – Erosion &

Sediment Control Program 4. Leah Call - Appalachian Agency for Senior Citizens – Swords Creek &

Staff Recommendation:

Presentation – Informational Only.

Suggested Motion:

No Motion Required.

ATTACHMENTS: • None

Board of Supervisors Information Item A-1 137 Highland Drive Presenters - Various Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

Presentations

Dr. Greg Brown — RC Schools - RC School Budget.
Hyder Hughes - RC Sheriff Department - Litter Ordinance
Brandon Blevins - Soil & Water Conservation District - Erosion & Sediment Control Program
Leah Call - Appalachian Agency for Senior Citizens - Swords Creek &

Staff Recommendation: Presentation — Informational Only. Suggested Motion:

No Motion Required.

ATTACHMENTS:

None

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

Russell County
Litter Control and

Disposal Ordinance

§ 17.2-200. Authorization.

This Ordinance is adopted and enacted pursuant to § 15.2-901; Article 2 Waste and Recycling, §§ 15.2-927 et seq and § 33.1-346 of the Code of Virginia, 1950, as amended, for the purpose of promoting the public safety, health, welfare, convenience and enjoyment of the general public, public travel, it is hereby declared to be in the public interest to regulate and restrict the disposal of trash, garbage refuse, litter or other unsightly matter on public highways, right-of-way, property adjacent to such highway or right-of-way, on private property, and solid waste facilities of the County, including but not limited to convenience centers, transfer stations and solitary landfills.

Sec. 17.2-201. Title.

This chapter shall be know and may be cited as the “Russell County Litter Control and Disposal Ordinance.”

Sec. 17.2-202. Definitions.

For purposes of this ordinance, the following words and phrases shall have the meaning respectively ascribed by this section.

Administrator means the Russell County Administrator or his or her duly authorized designee.

Ashes means the residue resulting from the burning of wood, coal, coke or other combustible material.

Board of Supervisors means the Russell County Board of Supervisors.

Brush means bushes, briars, branches, leaves and similar material.

Brush, pruning and tree trimmings means trimmings from growing or dead trees or bushes no more than six inches in diameter. Any such trimmings over four inches will not be accepted. These items will only be accepted at the transfer

Russell County Litter Control and Disposal Ordinance

§ 17.2-200. Authorization.

This Ordinance is adopted and enacted pursuant to § 15.2-901; Article 2 Waste and Recycling, §§ 15.2-927 et seq and § 33.1-346 of the Code of Virginia, 1950, as amended, for the purpose of promoting the public safety, health, welfare, convenience and enjoyment of the general public, public travel,it is hereby declared to be in the public interest to regulate and restrict the disposal of trash, garbage refuse, litter or other unsightly matter on public highways, right-of-way, property adjacent to such highway or right-of-way, on private property, and solid waste facilities of the County, including but not limited to convenience centers, transfer stations and solitary landfills.

Sec, 17.2-201. Title.

This chapter shall be know and may be cited as the “Russell County Litter Control and Disposal Ordinance.”

Sec. 17.2-202. Definitions.

For purposes of this ordinance; the following words and phrases shall have the meaning respectively ascribed by this section.

Administrator means the Russell County Administrator or his or her duly authorized designee.

Ashes means the residue resulting from the burning of wood, coal, coke or other combustible material.

Board of Supervisors means the Russell County Board of Supervisors. Brush means bushes, briars, branches, leaves and similar material.

Brush, pruning and tree trimmings means trimmings from growing or dead trees or bushes no more than six inches in diameter. Any such trimmings over four

inches will not be accepted. These items will only be accepted at the transfer

station, with the applicable tipping fee being paid. This shall not include roots or stumps that exceed four inches in diameter.

Bulk waste means appliances, furniture, bedding material, automobile parts, mechanical equipment, mechanical parts, and carpet.

Commercials establishment means a building or other structure and/or lot or tract of land used for or as a part of the operation of a business enterprise, whether for profit or not, which is not used in whole as a residential unit. For the purposes of this ordinance, any structure which is used by the same owner or tenant for both residential and business purposes shall be deemed to be a commercial establishment, provided however, that if the Administrator determines that a mixed use structure generates a volume of solid waste that does not exceed the average amount of waste generated by a residence in Russell County, then such mixed use structure may be deemed to be a residential unit.

Compacted waste means refuse or waste which has been reduced in volume by mechanical or hydraulic means and remains in this state of reduced volume until deposited at the transfer station.

Containers mean any of the following:

Residential Reusable Curbside Receptacle: a receptacle made of plastic, metal or fiberglass with a capacity not to exceed thirty-nine (39) gallons, a loaded weight of no more than thirty-five (35) pounds, having a tight fitting lid, and handles of adequate strength to allow for the container to be lifted.
Non-Reusable: Plastic sacks designed for refuse disposal with sufficient wall strength to maintain physical integrity when lifted by the top; securely tied at the top for collection, with a capacity not to exceed thirty (30) gallons and a loaded weight not to exceed thirty-five (35) pounds. Non-reusable containers shall also include garbage compactor bags which meet the capacity and weight requirements for plastic sacks. Both reusable and non-reusable containers shall also be referred to as standard containers in this Ordinance.
Bulk: Bins of metal construction capable of being emptied by mechanical equipment operated by solid waste disposal operators, the Cumberland Plateau Regional Waste Management Authority, the County, towns located in the County and their contractors, generally referred to as dumpsters, which

station, with the applicable tipping fee being paid. This shall not include roots or stumps that exceed four inches in diameter.

Bulk waste means appliances, furniture, bedding material, automobile parts, mechanical equipment, mechanical parts, and carpet.

Commercials establishment means a building or other structure and/or lot or tract of land used for or as a part of the operation of a business enterprise, whether for profit or not, which is not used in whole as a residential unit. For the purposes of this ordinance, any structure which is used by the same owner or tenant for both residential and business purposes shall be déemed to be a commercial establishment, provided however, that ifthe Administrator determines that a mixed use structure generates a volume of solid waste that does not exceed the average amount of waste generated by a residence in Russell County, then such mixed use structure may be deemed to be a residential unit.

Compacted waste means refuse or waste which has been reduced in volume by mechanical or hydraulic means and remains in this state of reduced volume until deposited at the transfer station.

Containers mean any of the following:

Residential Reusable Curbside Receptacle: a receptacle made of plastic, metal or fiberglass with a capacity not to exceed thirty-nine (39) gallons, a loaded weight of no more than thirty-five (35) pounds, having a tight fitting lid, and handles of adequate strength to allow for the container to be lifted.
Non-Reusable: Plastic sacks designed for refuse disposal with sufficient wall strength to maintain physical integrity when lifted by the top; securely tied at the top for collection, with a capacity not to exceed thirty (30) gallons and a loaded weight not to exceed thirty-five (35) pounds. Non-reusable containers shall also include garbage compactor bags which meet the capacity and weight requirements for plastic sacks. Both reusable and non-reusable containers shall also be referred to as standard containers in this Ordinance.
Bulk: Bins of metal construction capable of being emptied by mechanical equipment operated by solid waste disposal operators, the Cumberland Plateau Regional Waste Management Authority, the County, towns located in the County and their contractors, generally referred to as dumpsters, which

have a capacity of at least two and not more than eight cubic yards. Also included are large capacity roll on dumpsters.

Curbside means that portion of the street or highway right of way adjacent to the paced or traveled portion of a primary or secondary roadway as established by the Virginia Department of Transportation.

Contractor means the person with whom Russell County may contract for the collection of solid waste generated within Russell County, however nothing shall be deemed to require the County to contract for collection of all or part of its solid waste. In the event that the County shall contract for collection of all or part of its solid waste, then the term “Contractor” shall be substituted for Russell County where appropriate in the Ordinance.

Convenience Center means a collection point designated and operate by Russell County at which designated solid waste may be deposited.

County the term “County” shall be deemed to refer to Russell County unless the text of the Ordinance specifically refers to some other county.

Disposal means the storage, collection, disposal or handling of refuse.

Garbage means discarded materials composed of animal, vegetable or other organic matter.

Litter means any solid waste that is disposed of as prohibited herein or allowed to be carelessly discarded or scattered about in unsightly matter. Litter shale include, but not be limited to, garbage, trash, refuse and rubbish as referred to within the Ordinance.

Litter bag means a bag or sack, of durable material, which is large enough to serve as a receptacle for litter inside a vehicle or watercraft which is similar in size and capacity to a state approved litter bag.

Litter receptacle means a container with a capacity of not less than ten gallons constructed of such quality as to maintain the original shape when placed at an outdoor location; reasonably resistant to rust and corrosion; and placed for use as a depository for litter. Appliances (refrigerators, etc.) cannot be used as litter receptacles.

Open dump means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled, so as to create a nuisance or so as to pose within the

have a capacity of at least two and not more than eight cubic yards. Also included are large capacity roll on dumpsters.

Contractor means the person with whom Russell County may contract for the collection of solid waste generated within Russell County, however nothing shall be deemed to require the County to contract for collection of all or part of its solid waste. In the event that the County shall contract for collection of all of part of its solid waste, then the term “Contractor” shall be substituted for Russell County where appropriate in the Ordinance.

Convenience Center means a collection point designated and operate by Russell County at which designated solid waste may be deposited.

County the term “County” shall be deemed to refer to Russell County unless the text of the Ordinance specifically refers to some other county.

Disposal means the storage, collection, disposal or handling of refuse.

Garbage means discarded materials composed of animal, vegetable or other organic matter.

Open dump means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled, so as to create a nuisance or so as to pose within the

rE 3

determination of the Administrator for substantial present or potential hazard to human health or the environment, including the pollution of air, land, surface water or ground water. A disposal facility operation without all permits required by the state and/or federal governments shall be considered an open dump.

Operator means the person responsible for the overall operation and site management of a solid waste facility.

Owner means the person, corporation, or other legal entity in whom is vested the title to and interest in the land on which a solid waste management facility is located; the person, corporation or other legal entity in whom is vested title to and interest in the land upon which a residence, residential unit, multi-unit residential unit, commercial establishment or industry is located.

Permit means the written permission issued by the state or federal government to own, operate, or construct a solid waste management facility; and any licenses issued pursuant to the provisions of this Ordinance.

Person means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.

Recycling means the process of separating a given waste material from the waste stream and processing it so that it is used again as a raw material for a product, which may or may not be similar to the original thereof.

Refuse means discarded waste materials in a solid or semi-solid state, consisting of garbage, rubbish, or a combination thereof.

Residential unit means a group of rooms located within a building and forming in single inhabitable unit with facilities which are used or are intended to be used for living, sleeping, cooing and/or eating. A residential unit shall also include buildings containing multiple single-family dwelling units, however each unit shall be deemed to be a separate dwelling unit for billing purposes. The term “residential unit “shall also be deemed to include mobile home parks.

Salvage means the authorized, controlled removal of waste materials from a solid waste management facility.

Operator means the person responsible for the overall operation and site management of a solid waste facility.

Owner means the person, corporation, or other legal entity:in whom is vested the title to and interest in the land on which a solid waste management facility is located; the person, corporation or other legal entity in whom is vested title to and interest in the land upon which a residence, residential unit, multi-unit residential unit, commercial establishment or industry is located.

Person means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.

Refuse means discarded waste materials in a solid or semi-solid state, consisting of garbage, rubbish, or a combination thereof.

Salvage means the authorized, controlled removal of waste materials from a solid waste management facility.

Scavenge means the unauthorized or uncontrolled removal of waste materials from a solid waste management facility.

Sludge means any solid, semi-solid or liquid waste generated from the a municipal, commercial or industrial wastewater treatment plant, air pollution control facility, or other waste producing facility, but as used in this Ordinance the term does not include the treated effluent from a Wastewater Treatment Plant.

Solid Waste means any garbage, refuse, sludge, or other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from residential, industrial, commercial, mining or agricultural operations and from community activities but does not include (i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board, or (iii) source, special nuclear, or byproduct material as defined by the Federal Atomic Energy Act of 1954, as amended.

The solid waste herein defined also may refer to the following further defined types, i.e.:

Coal Mine Waste: Any commercial waste, construction/ demolition waste, debris waste, inert waste, metals, garbage, mining equipment and/or machinery and any other waste generated prior, during, or after mining activities and which may be disposed of in compliance with this Ordinance and all other applicable state and federal laws and regulations.
Commercial Waste: All solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.
Construction/Demolition Waste: The waste building material, packaging and rubble, resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings, and other structures,
Debris Waste: Waste resulting from land clearing operations, including but not limited to stumps, wood, brush, leaves, soil and road spoils.
Household Waste: Any waste material, including garbage, trash, and refuse normally produced or derived from single and/or multiple residential

Scavenge means the unauthorized or uncontrolled removal of waste materials from a solid waste management facility.

The solid waste herein defined also may refer to the following further defined types,

ies

Coal Mine Waste: Any commercial waste, construction/ demolition waste, debris waste, inert waste, metals, garbage, mining equipment and/or machinery and any other waste generated prior, during, or after mining activities and which may be disposed of in compliance with this Ordinance and all other applicable state and federal laws and regulations.
Commercial Waste: All solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.
Construction/Demolition Waste: The waste building material, packaging and rubble, resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings, and other structures,
Debris Waste: Waste resulting from land clearing operations, including but not limited to stumps, wood, brush, leaves, soil and road spoils.
Household Waste: Any waste material, including garbage, trash, and refuse

normally produced or derived from single and/or multiple residential

households and residences. Household wastes do not include sanitary waste in septic tanks (septage).

Hazardous Waste: A solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infections characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health, the Collection/Disposal System, or the environment from improperly treated, stores, transported, disposed of or otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as such by state or federal agencies with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other waste.
Ignitable Waste: a. Liquids having a flash point of less than 140 degrees Fahrenheit (60

degrees Centigrade). b. non-liquids liable to cause fires through friction, absorption of moisture,

spontaneous chemical change or retained heat, or which are liable, when ignited, to burn so vigorously and persistently as to create a hazard.

c. Ignitable compressed gases’, and/or oxidizers. 8. Industrial Waste: Any solid waste generated by manufacturing or industrial

process that is not a regulated hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; mining or oil and gas operations; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.

Inert Waste: Solid waste which is chemically and biologically stable from further degradation and considered to be non-reactive. Inert waste includes rubble, concrete, broken bricks, bricks, and blocks.
Infectious Waste: Any solid waste if it is capable of producing an infectious disease in humans; is one of the controlled infectious wastes listed in any relevant section or sections of the Infectious Waste Management regulations of

households and residences. Household wastes do not include sanitary waste in septic tanks (septage)

Hazardous Waste: A solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infections characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health, the Collection/Disposal System, or

the environment from improperly treated, stores, transported, disposed of or

otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as such by state or federal agencies with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other waste.

Ignitable Waste:

a. Liquids having a flash point of less than 140 degrees Fahrenheit (60 degrees Centigrade).

b. non-liquids liable to cause fires through friction, absorption of moisture, spontaneous chemical change of retained heat, or which are liable, when ignited, to burn so vigorously and persistently as to create a hazard.

c. Ignitable compressed gases’, and/or oxidizers.

Industrial Waste? Any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include, but is

not limited to, waste resulting from the following manufacturing processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by products; inorganic chemicals; iron and steel manufacturing; mining or oil and gas operations; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.

Inert Waste: Solid waste which is chemically and biologically stable from further degradation and considered to be non-reactive. Inert waste includes rubble, concrete, broken bricks, bricks, and blocks.
Infectious Waste: Any solid waste if it is capable of producing an infectious disease in humans; is one of the controlled infectious wastes listed in any relevant section or sections of the Infectious Waste Management regulations of

the Virginia Department of Environmental Quality as applicable at any given time, or is identified as infectious by a licensed physician or registered nurse. A waste shall be considered to be capable of producing an infectious disease if it has been, is or may have been contaminated by an organism that is or may be pathogenic to humans and if such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. If the exact cause of a disease is unknown, but the health care professional in charge suspects the presence of a pathogen in the waste is the case, such waste shall be managed as if the pathogen were identified and such waste shall be considered to be infectious waste.

Institutional/Government Waste: All solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It can include infectious waste from health care facilities and research facilities which has not been classified as a hazardous waste by the Virginia Hazardous Waste Regulations or the United States Environmental Protection Agency. Infectious waste which has been defined by state and federal law, rule or regulation as hazardous waste must be excluded from the waste stream.
Putrescible Waste: Solid waste which contains organic material capable of being decomposed by microorganism, and which causes odors.
Residential Waste: Household waste.
Waste Oil: A spent petroleum product or lubricating fluid from vehicles or

equipment.

Solid waste management facility means any facility which engages in a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound and economic manner, in full compliance with all applicable local, state and federal regulations. The Russell County Transfer Station and Russell County Convenience Centers are Solid Waste Management Facilities.

Trash means non-combustible discarded materials including, but not limited to, ashes, scrap metal, glass, brick, concrete or other construction materials.

Uncompacted waste means refuse or waste which has not been reduced in volume by mechanical or hydraulic means, or if so, has not been maintained in this reduced volume state during the transportation to the landfill.

Institutional/Government Waste: All solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It can include infectious waste from health care facilities and research facilities which has not been classified as a hazardous waste by the Virginia Hazardous Waste Regulations or the United States Environmental Protection Agency. Infectious waste which has been defined by state and federal law, rule or regulation as hazardous waste must be excluded from the waste stream.
Putrescible Waste: Solid waste which contains organic material capable of being decomposed by microorganism, and which causes odors.
Residential Waste: Household waste.
Waste Oil: A spent petroleum product or lubricating fluid from vehicles or equipment.

Trash means non-combustible discarded materials including, but not limited to, ashes, scrap metal, glass, brick, concrete or other construction materials.

Uncompacted waste means refuse or waste which has not been reduced in volume by mechanical or hydraulic means, or if so, has not been maintained in this reduced

volume state during the transportation to the landfill.

ee 7

Waste generator means the person who actually produces waste intended for disposal at the landfill.

Waste management facility (See also Solid Waste Management Facility) means that area designated by the County Administrator for the collection of refuse intended for disposal at the Transfer Station or Collection Centers.

White goods means refrigerators, stoves, clothes dryers, washing machines, water heaters, window air conditioners and other large appliances of similar size or character, and waste metal products.

Yard waste means decomposable waste materials generated by yard and lawn care, and include leaves, grass trimmings, brush up to six inches in diameter and shrubs and tree trimmings arising from general landscaping maintenance. This shall not include roots or stumps that exceed four inches in diameter.

Where terms are not defined in this Ordinance and the context or practice requires definition they shall have the meaning specified in Chapter 14 of Title 10.1 of the Code of Virginia, 1950, as amended and/or specified in other relevant statutes, and/or the Solid Waste Management Regulations of the Virginia Department of Environmental Quality, as now or hereafter adopted as are applicable.

In case of conflict, the statutes and regulations applicable to the particular requirement involved shall prevail over those in this Ordinance.

Sec. 17.2-203. General prohibitions.

A. Moving Violations

Littering Prohibited: Penalties

It shall be unlawful for any person to drop, deposit, discard or otherwise dispose of litter in or upon any public or private property within Russell County, with or without permission of the owner, including, but not limited to any street, sidewalk, park, body of water, vacant or unoccupied lot, except in public litter receptacles, or in authorized private litter receptacles provided for public use, or in an area designated by the State Department of Health as a permitted disposal site.

When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of in the highway, right-of-way,

Waste generator means the person who actually produces waste intended for disposal at the landfill.

White goods means refrigerators, stoves, clothes dryers, washing machines, water heaters, window air conditioners and other large appliances of similar size or character, and waste metal products.

In case of conflict, the statutes and regulations applicable to the particular requirement involved shall prevail over those in this Ordinance.

Sec. 17.2-203. General prohibitions.

A. Moving Violations

Littering Prohibited: Penalties

When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of in the highway, right-of-way,

property adjacent to such highway or right-of-way, or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse or other unsightly matter; provided, however, that such presumption shall be rebuttable by competent evidence.

Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

Uncovered Vehicles, Escape of Load No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom; provided, however, that sand or any substance to increase traction or water or other substance may be applied on a roadway in the cleaning or maintaining of such roadway by the state or local government agency having such responsibilities.
No person in an aircraft shall throw out, drop or deposit within the County any litter or other object.
Any operator of a vehicle from which an object has escaped, that may cause an obstruction or damage a vehicle or endanger travelers on such public property, shall immediately cause the public property to be cleaned of all objects and shall be responsible for all the costs of removal. Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor as punishable as provided in Section 17.2-206 of this Ordinance. Any second or subsequent offense shall constitute a Class 1 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

B. Stationary Violations

Areas Surrounding Commercial Establishments and Institutions

It shall be the duty of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding area clear and free of litter. These areas include, but are not limited to, public and private sidewalks, roads, and alleys, grounds, parking lots, loading and unloading areas, and all vacant lots which are owned or leased by said establishment or institution.

evidence.

Uncovered Vehicles, Escape of Load.

No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking, or otherwise escaping thereffom; provided, however, that sand or any substance to increase traction or water or other substance may be applied ona roadway in the cleaning or maintaining of such roadway by the state or local government agency having such responsibilities.

No personiinvan aircraft shall throw out, drop or deposit within the County any litter or other object.

Any operator of a vehicle from which an object has escaped, that may cause an obstruction or damage a vehicle or endanger travelers on such public property, shall immediately cause the public property to be cleaned of all objects and shalll be responsible for all the costs of removal.

B. Stationary Violations

Areas Surrounding Commercial Establishments and Institutions

It shalll be the duty of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding area clear and free of litter. These areas include, but are not limited to, public and private sidewalks,

roads, and alleys, grounds, parking lots, loading and unloading areas, and all

vacant lots which are owned or leased by said establishment or institution.

Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

Keeping Exterior of Residential and Commercial Property Clean

It shall be the duty of each residential property owner and tenant to keep all exterior private property free of litter. The owner of occupant of any premises within the County shall be responsible for sanitary conditions of such premises, and it shall be unlawful for any person to place, deposit or allow to be placed or deposited on his premises any solid waste, except as designated by the terms of this Ordinance. It shall be the duty of each owner and tenant to keep all exterior property free of litter or waste, these areas shall include, but not be limited to: sidewalks, public roads, alleys and driveways; yards and grounds; fences; walls and property lines; drainages and vacant lots in both residential and commercial areas. Any violation of this subsection shall constitute a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

No person shall sweep into or deposit in any gutter, public road, street or water body within the County the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. This includes, but is not limited to, rubbish, which includes grass clippings, hedge trimmings, leaves, pine needles, paper, plastic or other materials classified as litter or waste must be placed in an approved container and properly disposed. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. Any violation of this subsection shall constitute a Class 3 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

Upon violation of this section, the County may proceed against either the tenant, owner or person in control or against all such persons. A warning citation as provided in Section 17.2-204(b) of this Ordinance shall be served on the owner or occupant of any premises upon which solid waste is found in violation of this section, giving the owner or occupant ten (10) days to remove such solid waste. If the owner or occupant does not comply with the terms of

Any person found guilty of a violation of this section shall be guilty of a Class 2 misdemeanor punishable as provided in Section 17.2-206 of this Ordinance.

Keeping Exterior of Residential and Commercial Property Clean

such citation, he or she shall be served a summons for violation of this section.

This section shall not be deemed to prohibit the accumulation of litter awaiting the next regularly scheduled refuse or garbage collection if such property is served by the regularly scheduled garbage, refuse or litter collection. Such collections shall be deemed to be regular if such collection regularly occurs at least once per week or more frequently.

Indiscriminate Dumping or Discarding of Litter and Solid Waste

It shall be unlawful for any person to discard or dump along any street or road, on or off the right-of-way, any form of solid waste, rubbish, refuse, junk, motor vehicle or vehicle part, rubber tires, appliances, furniture, or any other material or equipment, on public or private property, with or without permission of the property owner, except in County approved receptacles provided for public use for the deposit of said material, or except in an area designated by the State Department of Health as a permitted solid waste disposal site or collection facility.

C. Cleanup of Improperly Disposed Litter or Solid Waste

Cleanup of Premises by County Authorization

The owners of property within the County shall, within fourteen (14) days of receiving written notice from the County, remove from the property any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County.

If after fourteen (14) days of receiving the notice, the owners of such property have failed to take action as directed by the notice, the County may have such trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County, removed by its own agents or employees, in which event the cost or expense thereof shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes are collected.

such citation, he or she shall be served a summons for violation of this section.

Indiscriminate Dumping or Discarding of Litter and Solid Waste

C. Cleanup of Improperly Disposed Litter or Solid Waste

Cleanup of Premises by County Authorization

If after fourteen (14) days of receiving the notice, the owners of such property have failed to take action as directed by the notice, the County may have such trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the County, removed by its ‘own agents or employees, in which event the cost or expense thereof shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes are collected.

Execution of the notice to remove litter shall be in writing and shall be in the form set forth in Section 17.2-204 (b) of this ordinance and served by personal service, posted service or sent by registered mail.

Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq) and 4 (§ 58.1-3965 et seq) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as amended. The County may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

A violation of this section shall be subject to a civil penalty, not to exceed $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violation arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period.1

In the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period a violation of this subsection shall be a Class 3 misdemeanor.2

D. Litter Receptacles

Use of Receptacles

a. It shall be unlawful to deposit any item or items except litter in any receptacle placed for public use as a depository for littler. Any item or items, including litter, which are expressly prohibited from being placed in said receptacle by a sign or other writing located on or

1 See §15.2-901 © for enabling act authorizing civil penalty by ordinance.
2 See §15.2-901 (D) for enabling act authorizing Class 3 misdemeanor when three civil penalties have occurred.

Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq) and 4 (§ 58.1-3965 et seq) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as amended, The County may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

D. Litter Receptacles

Use of Receptacles a. Itshall be unlawful to deposit any item or items except litter in any

receptacle placed for public use as a depository for littler. Any item or items, including litter, which are expressly prohibited from being placed in said receptacle by a sign or other writing located on or

See §15.2-901 © for enabling act authorizing civil penalty by ordinance. See §15.2-901 (D) for enabling act authorizing Class 3 misdemeanor when three civil penalties have occurred.

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around the receptacle, shall not be placed or deposited in said receptacle.

b. Any violation of this subsection shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor.

Providing Adequate Litter Receptacles for Businesses

It shall be the duty of any person owning or operation any commercial establishment to provide receptacles adequate to contain the litter generated at said establishment. The penalty established for violation of this subsection shall be twenty-five ($25.00) dollars for each day of violation. The offender shall receive a summons from the enforcement officer for any violation of this subsection. The offender may pay the fine in lieu of appearing in court on any first offense.

Providing Adequate Litter Receptacles for Residences a. All household solid waste shall be contained in receptacles or containers

which conform to standards established by the Russell County Board of Supervisors.

b. It shall be unlawful for any person to use an old appliance or other container deemed unacceptable by the County for trash collection.

c. Any violation of this subsection shall constitute a Class 3 misdemeanor. E. Improper Disposal of Waste

Depositing Improper Waste in Receptacles or Facilities

a. It shall be unlawful to improperly dispose of any solid waste as defined in this Ordinance at a facility operated for or in a receptacle placed for public or private use. Improper disposal shall mean and include the depositing in such facility of solid waste which is not accepted or authorized for disposal by such facility. The types of waste not accepted at any such facility shall be displayed at the entrance of such facility or on the receptacle.

F. Enforcement of Litter Laws; Prosecution; Presumption

Enforcement

a. Prosecution for a violation of any provision of this act may be initiated by the County Building Inspector, law enforcement officer, litter control officer, or private citizen.

around the receptacle, shall not be placed or deposited in said receptacle. b. Any violation of this subsection shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor. 2. Providing Adequate Litter Receptacles for Businesses

Providing Adequate Litter Receptacles for Residences a. All household solid waste shall be contained in receptacles or containers

which conform to standards established by the Russell County Board of Supervisors:

b. It shall be unlawful for any person to use an old appliance or other container deemed unacceptable by the County for trash collection.

c._ Any violation of this subsection shall constitute a Class 3 misdemeanor.

E. Improper Disposal of Waste

1, Depositing Improper Waste in Receptacles or Facilities a. It shall be unlawful to improperly dispose of any solid waste as

defined in this Ordinance at a facility operated for or in a receptacle placed for public or private use. Improper disposal shall mean and include the depositing in such facility of solid waste which is not accepted or authorized for disposal by such facility. The types of waste not accepted at any such facility shall be displayed at the entrance of such facility or on the receptacle.

F. Enforcement of Litter Laws; Prosecution; Presumption

Enforcement a. Prosecution for a violation of any provision of this act may be initiated by the County Building Inspector, law enforcement officer, litter control officer, or private citizen.

ee 13

Authorization of County Litter Control Office to Bring Civil Action Whereas Section 10.1-1418.1 of the Code of Virginia, 1950, as amended authorizes the County to bring a civil action against any person who improperly disposes of solid waste on the property of the County, without the County’s permission. Whenever a court of competent jurisdiction finds that a person has improperly disposed of solid waste upon the County’s property, without the County’s permission, the court shall assess a civil penalty of up to five thousand dollars ($5,000.00) against such defendant, along with costs and reasonable attorney’s fees. Any civil penalty assessed pursuant to this subsection shall be paid into the Russell County treasury.
Assign –A-Highway Roadside and Illegal Dump Cleanup For Cleanup of roadside litter and identified illegal dumps within the County, it is hereby established a program pursuant to Section 53.1-129 of the Code of Virginia, 1950, as amended, and the Sheriff of the County and any of his deputies and any Special Conservator of the Peace/Litter Office who has been approved by a court of competent jurisdiction shall be permitted to utilize probationers or remove inmates from the County or Regional Jail under their supervision to work in this program providing that any such inmate has been specifically approved to be permitted to participate in this program by the Sheriff and by the Court. Probationers will be assigned to two-mile designated sections of highway, cleaned up every two weeks for the duration of their assignment to this program. Inmates shall be utilized only for the cleanup for illegal dumps identified by the County Litter Control Department. During the cleanup of illegal dumps, the Special Conservator of the Peace/Litter Control Officer or the Sheriff or his deputies will be present during this volunteer work.

Sec. 17.2-204. Removal, disposal of trash and garbage.

(a) The owners of property in the county shall not accumulate thereon and shall remove there from any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents of the county.

(b) Notice to property owner:

The Board of Supervisors may, when it deems it necessary, give written

notice to the owner of any property in the county, and to the person primarily responsible for such property, if different from the owner and if

Authorization of County Litter Control Office to Bring Civil Action Whereas Section 10.1-1418.1 of the Code of Virginia, 1950, as amended

authorizes the County to bring a civil action against any person who improperly disposes of solid waste on the property of the County, without the County’s permission. Whenever a court of competent jurisdiction finds that a person has improperly disposed of solid waste upon the County’s property, without the County’s permission, the court shall assess a civil penalty of up to five thousand dollars ($5,000.00) against such defendant, along with costs and reasonable attorney’s fees. Any civil penalty assessed pursuant to this subsection shall be paid into the Russell County treasury. 3. Assign ~A-Highway Roadside and Illegal Dump Cleanup

For Cleanup of roadside litter and identified illegal dumps within the County, it is hereby established a program pursuant to Section 53.1-129 of the Code of Virginia, 1950, as amended, and the Sheriff of the County and any of his deputies and any Special Conservator of the Peace/Litter Office who has been approved by a court of competent jurisdiction shall be permitted to utilize probationers or remove inmates from the County or Regional Jail under their supervision to work in this program providing that any such inmate has been specifically approved to be permitted to participate in this program by the Sheriff and by the Court. Probationers will be assigned to two-mile designated sections of highway, cleaned up every two weeks for the duration of their assignment to this program. Inmates shall be utilized only for the cleanup for illegal dumps identified by the County Litter Control Department. During the cleanup of illegal dumps, the Special Conservator of the Peace/Litter Control Officer or the Sheriff or his deputies will be present during this volunteer work.

Sec. 17.2-204. Removal, disposal of trash and garbage.

(b) Notice to property owner:

The Board of Supervisors may, when it deems it necessary, give written notice to the owner of any property in the county, and to the person primarily responsible for such property, if different from the owner and if

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know, stating the facts that constitute a violation of subsection (a) of this section and directing such person or persons to take such action as may be necessary to rectify the conditions within 14 days from the date of the notice.

The notice required by the section shall be certified or registered mail to the last known address, or by hand delivery by the Sheriff of the County, his deputy, the county sanitation office or the designee of the County Administrator, to the owner of the property and to the person primarily responsible for such property, if different from the owner and if known, The notice shall be substantially in the following form:

NOTICE TO REMOVE TRASH, GARBAGE, REFUSE, LITTER AND OTHER SUBSTANCES

To: ____________________________ Responsible Party

AT: _________________________

Address of property

Tax Map Number

Pursuant to Code of Virginia §15.2-802 of the Ordinances of Russell County, Virginia, you are hereby notified to remove, within 14 days after the date of this notice, all trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, in particular (describe the conditions). Upon your failure to remove the same, the county’s agents or employees may remove such trash, garbage, refuse, litter and other substances that endanger the health or safety of other residents of the county, and the cost and expenses of such removal shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected and shall constitute a lien on the property.

© If the property is not cleaned up after receiving the notice required in subsection (b) of this section, the Board of Supervisors may have such trash, garbage, refuse, litter and other like substances that might endanger the health of other residents of the county removed by the county’s own agents and employees, in which event the cost and expenses thereof shall be chargeable to and paid by the

The notice required by the section shalll be certified or registered mail to the last known address, or by hand delivery by the Sheriff of the County, his deputy, the county sanitation office or the designee of the County Administrator, to the owner of the property and to the person primarily responsible for such property, if different from the owner and if known, The notice shall be substantially in the following form:

NOTICE TO REMOVE TRASH, GARBAGE, REFUSE, LITTER AND OTHER SUBSTANCES

| aT:

To: Address of property Responsible Party

Tax Map Number

(0) If the property is not cleaned up after receiving the notice required in subsection (b) of this section, the Board of Supervisors may have such trash, garbage, refuse, litter and other like substances that might endanger the health of other residents of the county removed by the county’s own agents and employees, in which event the cost and expenses thereof shall be chargeable to and paid by the

owners of such property and may be collected by the county as taxes and levies are collected.

(d) Every charge authorized by this section with which the owner and lien holder of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with lien for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, §§ 58.1-3940 et seq. and 58.1-3965 et seq.

(e) Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately owned receptacles that are provided for such use and for the use of the persons and disposing such matter or in authorized facilities provided for such purpose, and in no other manner not authorized by law.

§ 17.2-205. Dumping Trash on Highway, Right-Of-Way or Private Property.

(a) It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of- way, or on private property without the written consent of the owner thereof or his agent.

(b) When any persons is arrested for a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of Code of Virginia, §46.2-936, in making such arrest.

© When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence.

(d) Any person who violates this section shall, upon conviction, be guilty of a Class 1 misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than $250.00 nor more than $2,500.00, either or both.

(e) The provisions of this section shall not apply to the lawful disposal of such matter in landfills, the county transfer station or county convenience stations.

(f) The Commonwealth Attorney of Russell County, Virginia or his designee shall be responsible for all prosecutions under this section.

‘owners of such property and may be collected by the county as taxes and levies are collected.

(a) Every charge authorized by this section with which the owner and lien holder of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with lien for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, § 58.1-3940 et seq, and 58.1-3965 et seq.

(e) Trash, garbage, refuse, litter and other debris shall be disposed of in personally ‘owned or privately owned receptacles that are provided for such use and for the use of the persons and disposing such matter or in authorized facilities provided for such purpose, and in no other manner not authorized by law.

§ 17.2-205. Dumping Trash on Highway, Right-Of-Way or Private Property.

(©) When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence.

(e) The provisions of this section shalll not apply to the lawful disposal of such matter in landfills, the county transfer station or county convenience stations.

(f) The Commonwealth Attorney of Russell County, Virginia or his designee shall be responsible for all prosecutions under this section.

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§17.2-206. Penalties.

The authorized punishments for a conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500.00, either or both.

(b) For Class 2 misdemeanors, confinement in jail for not more than six months and fine of not more than $1,000.00, either or both.

§17.2-207. Effective Date of Ordinance.

This ordinance shall be effective on the ____ day of ___________, 2018. The County Administrator is directed to file a certified copy of this Ordinance in the Offices of the Clerk of the General District Court of Russell County and the Clerk of the Circuit Court of Russell County.

Adopted this the _____ day of __________, 2018.

§17.2-206. Penalties. The authorized punishments for a conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500.00, either or both.

(b) For Class 2 misdemeanors, confinement in jail for not more than six months and fine of not more than $1,000.00, either or both.

(0) For Class 3 misdemeanors, a fine of not more than $500.00.

(d) For Class 4 misdemeanors, a fine of not more than $250.00.

§17.2-207. Effective Date of Ordinance.

The County Administrator is directed to file a certified copy of this Ordinance in the Offices of the Clerk of the General District Court of Russell County and the Clerk of the Circuit Court of Russell County.

This ordinance shall be effective on the day of

Adopted this the day of 2018.

Erosion and Sediment Control Discussion Agenda for March 4th, 2019 Russell County B.O.S Meeting

Presented by: Brandon Blevins, Clinch Valley SWCD

Current ESC Responsibilities in Russell County (Per MOU):

Program Administration

Program Inspection - Russell County

Program Enforcement

Plan Review - Clinch Valley SWCD

Last MOU revision was conducted in 2013.

As required by Virginia Erosion and Sediment Control Regulations 9VAC25-840-60,

A. All erosion and sediment control structures and systems shall be maintained, inspected and repaired as needed to insure continued performance of their intended function. A statement describing the maintenance responsibilities of the permittee shall be included in the approved erosion and sediment control plan.

B. Periodic inspections are required on all projects by the VESCP authority. The VESCP authority shall either:

Provide for an inspection during or immediately following initial installation of erosion and sediment controls, at least once in every two-week period, within 48 hours following any runoff producing storm event, and at the completion of the project prior to the release of any performance bonds; or
Establish an alternative inspection program which ensures compliance with the approved erosion and sediment control plan. Any alternative inspection program shall be:

a. Approved by the board prior to implementation;

b. Established in writing;

c. Based on a system of priorities that, at a minimum, address the amount of disturbed project area, site conditions and stage of construction; and

d. Documented by inspection records. This includes all agreement in lieu of projects as well. Also, completion of a report will be required for each inspection performed.

Currently, no inspections are being performed in Russell County.

Erosion and Sediment Control Discussion Agenda for March 4", 2019 Russell County B.0.S Meeting

Presented by: Brandon Blevins, Clinch Valley SWCD

Current ESC Responsibilities in Russell County (Per MOU): Program Administration Program Inspection - Russell County

Program Enforcement

Plan Review - Clinch Valley SWCD

Last MOU revision was conducted in 2013.

As required by Virgi

n and Sediment Control Regulations 9VAC25-840-60,

Establish an alternative inspection program which ensures compliance with the approved erosion and sediment control plan. Any alternative inspection program shall be:

a. Approved by the board prior to implementation; b, Established in writing;

c. Based on a system of priorities that, at a minimum, address the amount of disturbed project area, site conditions and stage of construction; and

d. Documented by inspection records. This includes all agreement in lieu of projects as well. Also, completion of 2 report will be required for each inspection performed.

Currently, no inspections are being performed in Russell County.

Russell County ESC Plans submitted to Clinch Valley SWCD (per year):

2005 - 14

2006 - 27

2007 - 29

2008 - 13

2009 - 13

2010 - 9

2011 - 13

2012 - 8

2013 - 6

2014 - 4

2015 - 9

2016 – 8

2017 - 5

2018 - 8

Average – 12 plans per year

Russell County ESC Plans submitted to Clinch Valley SWCD (per year): 2005 - 14 2006 - 27 2007 - 29 2008 - 13 2009 - 13 2010-9 2011-13 2012-8 2013-6 2014-4 2015-9 2016-8 2017-5 2018-8

‘Average ~ 12 plans per year

l … , '•

EROSION AND SEDIMENT CONTROL ORDINANCE OF

RUSSELL COUNTY VIRGINIA

Section 10-1. TITLE. PURPOSE. AND AUTHORITY

(a) This ordinance shall be Known as the “Erosion and Sediment Control Ordinance of Russell County.” The purpose of this chapter is to prevent degradation of properties, stream channels, waters and other natural resources of the County by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff and by establishing procedures whereby these requirements shall be administered and enforced.

(b) This Chapter is authorized by the Code of Virginia, Title 10. l, Chapter 5, Article 4 (Sec. I 0.1-560 et seq.), known as the Virginia Erosion and Sediment Control Law.

Section 10-2. DEFINITIONS:

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: “”

A. “Agreement in lieu of a plan” means a contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan approving authority in lieu of a formal site plan.

B. “Applicant” means any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land disturbing activities to commence.

C. “Board” means the Virginia Soil and Water Conservation Board.

D. “Certified inspector” means the Russell County Building Official or his designated agent who (i) holds a certificate of competence from the Board in the area of project inspection or (ii) is enrolled in the Board’s training program for project inspection and successfully completes such program within one year after enrollment.

E. “Certified plan reviewer” means an employee or agent of the Clinch Valley Soil and Water Conservation District who (i) holds a certificate of competence from the Board in the area of plan review, (ii) is enrolled in the Board’s training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, certified landscape architect or land

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Section 10-1. TITLE. PURPOSE. AND AUTHORITY

(6) This Chapter is authorized by the Code of Virginia, Title 10.1, Chapter 5, Article 4 (Sec. 10.1-560 et seq.), known as the Virginia Erosion and Sediment Control Law.

Section 10-2. DEFINITIONS:

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ran

A. “Agreement in lieu of a plan” means a contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan- approving authority in lieu of a formal site plan.

B. “Applicant” means any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land- disturbing activities to commence.

“Board” means the Virginia Soil and Water Conservation Board.

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surveyor pursuant to Article 1 (Sec. 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia, 1950, as amended. F. “Certified program administrator” means Russell County Building Official or his designated agent who (i) holds a certificate of competence from the Board in the area of program administration or (ii) is enrolled in the Board’s training program for program administration and successfully completes such program within one year after enrollment.

G. “County” means the County of Russell.

H. “Clearing” means any activity which removes the vegetative ground cover including, but not limited to, root mat removal or top soil removal. (optional or local definition may be used)

I. “Department” means the Department of Conservation and Recreation.

J. “Development” means a tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units.

K. “Director” means the Director of the Department of Conservation and Recreation.

L. “District” or “Soil and Water Conservation District” refers to the Clinch Valley Soil and Water Conservation District.

M. “Erosion and Sediment Control Plan” or “Plan” means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions and all information deemed necessary by the plan approving authority to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.

N. “Erosion Impact Area” means an area of land not associated with current land- disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes.

“Excavating” means any digging, scooping or other methods of removing earth materials.

P. “Filling” means any depositing or stockpiling of earth materials.

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surveyor pursuant to Article 1 (Sec. 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia, 1950, as amended.

G. “County” means the County of Russell.

H. “Clearing” means any activity which removes the vegetative ground cover including, but not limited to, root mat removal or top soil removal. (optional or local definition may be used)

I. “Department” means the Department of Conservation and Recreation.

K. “Director” means the Director of the Department of Conservation and Recreation.

L. “District” or “Soil and Water Conservation District” refers to the Clinch Valley

Soil and Water Conservation District.

M. “Erosion and Sediment Control Plan” or “Plan” means a document containing material for the conservation of soil and water resources of a unit or group of units of land, It may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions and all information deemed necessary by the plan approving authority to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.

“Excavating” means any digging, scooping or other methods of removing earth materials,

BR “Filling” means any depositing or stockpiling of earth materials.

. .

Q. “Grading” means any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions.

R. “Land-disturbing Activity” means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include:

(1) Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work;

(2) Individual service connections;

(3) Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk provided the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced;

( 4) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;

(5) Surface or deep mining;

(6) Exploration or drilling for oil and gas including the well site, roads, feeder lines, and off-site disposal areas;

(7) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations and agricultural engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Article 2, (Sec. 10.1-604 et seq.) of Chapter 6 of the Code of Virginia, 1950, as amended, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11(Sec.10.1-1100 et seq.) of the Code of Virginia, 1950, as amended, or is converted to bona fide agricultural or improved pasture use as described in Subsection B of Sec. 10.1-1163;

(8) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;

(9) Disturbed land areas of less than 10,000 square feet in size;

Q. “Grading” means any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions.

qd) Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work;

(2) Individual service connections;

(4) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;

(5) Surface or deep mining;

(6) Exploration or drilling for oil and gas including the well site, roads, feeder lines, and off-site disposal areas;

(7) _ Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations and agricultural engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Article 2, (Sec. 10.1-604 et seq.) of Chapter 6 of the Code of Virginia, 1950, as amended, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (Sec. 10.1-1100 et seq.) of the Code of Virginia, 1950, as amended, or is converted to bona fide agricultural or improved pasture use as described in Subsection B of Sec. 10.1-1163;

(8) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;

(9) Disturbed land areas of less than 10,000 square feet in size;

(I 0) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

(11) Shoreline erosion control projects on tidal waters when all of the land disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this ordinance; and

(12) Emergency work to protect life, limb or property, and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority.

S. “La11d-disturbi11g Permit” means a permit issued by Russell County for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any purpose set forth herein.

T. “Local erosio11 a11d sedime11t co11trol program” or “local control program” means an outline of the various methods employed by Russell County to regulate land disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement, and evaluation.

U. “Natural channel design concepts” means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.

V. “Owner” means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property.

W. “Peak flow rate” means the maximum instantaneous flow from a given storm condition at a particular location.

X. “Permittee” means the person to whom the permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed.

Y. “Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private

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(10) _ Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

(11) — Shoreline erosion control projects on tidal waters when all of the land disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this ordinance; and

T. “Local erosion and sediment control program” or “local control program” means an outline of the various methods employed by Russell County to regulate land- disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement, and evaluation.

Vv. “Owner” means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property.

W. “Peak flow rate” means the maximum instantaneous flow from a given storm condition at a particular location.

¥. “Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private

·.

institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate body, or any other legal entity.

Z. “Plan-approving authority” means the Clinch Valley Soil and Water Conservation District is responsible for determining the adequacy of a plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.

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institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate body, or any other legal entity.

Z._“Plan-approving authority” means the Clinch Valley Soil and Water ‘Conservation District is responsible for determining the adequacy ofa plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.

AA. “Program authority” means the Russell County which has adopted a soil erosion and sediment control program that has been approved by the Board.

BB. “Responsible Land Disturber” means an individual from the project or development team, who will be in charge of and responsible for carrying out a land disturbing activity covered by an approved plan or agreement in lieu of a plan, who (i) holds a Responsible Land Disturber certificate of competence, (ii) holds a current certificate of competence from the Board in the areas of Combined Administration, Program Administration, Inspection, or Plan Review, (iii) holds a current Contractor certificate of competence for erosion and sediment control, or (iv) is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (Sec. 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia, 1950, as amended.

CC. “Runoff volume” means the volume of water that runs off the land development project from a prescribed storm event.

DD. “Single-family residence” means a noncommercial dwelling that is occupied exclusively by one family.

EE. “State erosion and sediment Control program” or “state program” means the program administered by the Virginia Soil and Water Conservation Board pursuant to the Code of Virginia, 1950, as amended, including regulations designed to minimize erosion and sedimentation.

FF. “State waters” means all waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction.

GG. “Transporting” means any moving of earth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs.

HH. “Water Quality Volume” means the volume equal to the first one-half inch of [\ runoff multi plied by the impervious surface of the land development project.

~ection 1 0-3. LOCAL EROSION AND SEDIMENT CONTROL PROGRAM

A. Pursuant to section 10.1-562 of the Code of Virginia, 1950, as amended, Russell County hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the Board for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references guidelines, standards and specifications for erosion and sediment control are included in but not limited to the "Virginia Erosion and Sediment Control

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AA. “Program authority” means the Russell County which has adopted a soil erosion and sediment control program that has been approved by the Board.

CC. “Runoff volume” means the volume of water that runs off the land development project from a prescribed storm event.

DD. "Single-family residence” means a noncommercial dwelling that is occupied exclusively by one family.

FF, "State waters” means all waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction.

HH. “Water Quality Volume” means the volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development proj

A. Pursuant to section 10.1-562 of the Code of Virginia, 1950, as amended, Russell County hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the Board for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to the "Virginia Erosion and Sediment Control

Regulations" and the Virginia Erosion and Sediment Control Handbook, as amended.

B. Before adopting or revising regulations, Russell County shall give due notice and conduct a public hearing on the proposed or revised regulations, except that a public hearing shall not be required when Russell County is amending its program to conform to revisions in the state program. However, a public hearing shall be held if Russell County proposes or revises regulations that are more stringent than the state program.

In addition, in accordance with§ 10.1-561 ofthe Code ofVirginia, stream restoration and relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels.

In accordance with § 10.1-561 of the Code of Virginia, 1950, as amended any land-disturbing activity that provides for stormwater management intended to address any flow rate capacity and velocity requirements for natural or manmade channels shall satisfy the flow rate capacity and velocity requirements for natural or manmade channels if the practices are designed to (i) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5, 2, and 10-year, 24- hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or manmade channels.

C. Pursuant to Sec. 10.1-561.1 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The Erosion Control Program of Russell County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person.

Russell County hereby designates the Clinch Valley Soil and Water Conservation District as the plan-approving authority.

E. The program and regulations provided for in this ordinance shall be made available for public inspection at the office of the County Administrator.

Section 10-4. SUBMISSION AND APPROVAL OF PLANS: CONTENTS OF PLANS

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Regulations" and the Virginia Erosion and Sediment Control Handbook, as amended.

Before adopting or revising regulations, Russell County shall give due notice and conduct a public hearing on the proposed or revised regulations, except that a public hearing shall not be required when Russell County is amending its program to conform to revisions in the state program. However, a public hearing shall be held if Russell County proposes or revises regulations that are more stringent than the state program.

In addition, in accordance with § 10.1-561 of the Code of Virginia, stream restoration and relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels.

Pursuant to Sec. 10.1-561.1 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The Erosion Control Program of Russell County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person.

Russell County hereby designates the Clinch Valley Soil and Water Conservation District as the plan-approving authority.

10-4. SUBMISSION AND APPROVAL OF PLANS: CONTENTS OF PLANS

Except as provided herein, no person may engage in any land-disturbing activity until he or she has submitted to the Building Official for Russell County an erosion and sediment control plan for the land-disturbing activity and such plan has been approved by the plan-approving authority. Where land-disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the Board for review and approval rather than to each jurisdiction concerned. Where the land-disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the plan-approving authority.

The standards contained within the “Virginia Erosion and Sediment Control Regulations”, the Virginia Erosion and Sediment Control Handbook as amended are to be used by the applicant when making a submittal under the provisions of this ordinance and in the preparation of an erosion and sediment control plan. The plan-approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. When the standards vary between the publications, the State regulations shall take precedence.

The plan-approving authority shall review erosion and sediment control plans submitted to it and grant written approval within 45 days of the receipt of the plan if it determines that the plan meets the requirements of the Board’s regulations and if the person responsible for carrying out the plan certifies that he will properly perform the conservation measures included in the plan and will conform to the provisions of this article. In addition, as a prerequisite to engaging in the land disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence, to the program authority, as provided by § 10.1-561, of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this ordinance.

However, the ESC Program Administrator may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate of competence, as provided by § 10.1-561 of the Virginia Erosion and Sediment Control Law. Failure to provide the name of an individual holding a certificate of competence shall be a violation of this ordinance.

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The standards contained within the "Virginia Erosion and Sediment Control Regulations”, the Virginia Erosion and Sediment Control Handbook as amended are to be used by the applicant when making a submittal under the provisions of this ordinance and in the preparation of an erosion and sediment control plan. The plan-approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. When the standards vary between the publications, the State regulations shall take precedence.

‘The plan-approving authority shall review erosion and sediment control plans submitted to it and grant written approval within 45 days of the receipt of the plan if it determines that the plan meets the requirements of the Board’s regulations and if the person responsible for carrying out the plan certifies that he will properly perform the conservation measures included in the plan and will conform to the provisions of this article. In addition, as a prerequisite to engaging in the land- disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate ‘of competence, to the program authority, as provided by § 10.1-561, of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this ordinance.

However, the ESC Program Administrator may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single family residence. Ifa violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate of competence, as provided by § 10.1-561 of the Virginia Erosion and Sediment Control Law. Failure to provide the name of an individual holding a certificate of competence shall be a violation of this ordinance.

D. The plan shall be acted upon within 45 days from receipt thereof by either approving said plan in writing or by disapproving said plan in writing and giving specific reasons for its disapproval.

When the plan is determined to be inadequate, the plan-approving authority shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity.

E. An approved plan may be changed by the plan-approving authority when:

(1) The inspection reveals that the plan is inadequate to satisfy applicable regulations; or

(2) The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this ordinance, are agreed to by the plan approving authority and the person responsible for carrying out the plans.

F. Variances: The plan-approving authority may waive or modify any of the standards that are deemed to be too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions:

(1) At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the plan-approving authority shall be documented in the plan.

(2) During construction, the person responsible for implementing the approved plan may request a variance in writing from the plan-approving authority. The plan-approving authority shall respond in writing either approving or disapproving such a request. If the plan-approving authority does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation.

G. In order to prevent further erosion, Russell County may require approval of a plan for any land identified in the local program as an erosion impact area.

H. When land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner.

The plan shall be acted upon within 45 days from receipt thereof by either approving said plan in writing or by disapproving said plan in writing and giving specific reasons for its disapproval.

‘An approved plan may be changed by the plan-approving authority when:

(1) The inspection reveals that the plan is inadequate to satisfy applicable regulations; or

(2) The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this ordinance, are agreed to by the plan- approving authority and the person responsible for carrying out the plans.

Variances: The plan-approving authority may waive or modify any of the standards that are deemed to be too restrictive for site conditions, by granting a variance, A variance may be granted under these conditions:

(1) Atthe time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the plan-approving authority shall be documented in the plan,

In order to prevent further erosion, Russell County may require approval of a plan for any land identified in the local program as an erosion impact area.

When land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner.

I. In, accordance with the procedure set forth by § 10.1 - 563 (E) of the Code of Virginia. Any person engaging in more than one jurisdiction, in the creation and operation of wetland mitigation or stream restoration banks, which have been, approved, and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of wetlands mitigation or, stream restoration, banks, pursuant to a mitigation banking instrument signed by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation or stream restoration banks annually With the Board for review and approval consist with guidelines established by the Board.

J. State agency projects are exempt from the provisions of this ordinance except as provided for in the Code of Virginia, Sec. 10.1-564.

Section 10-5. PERMITS; FEES; SECURITY FOR PERFORMANCE

A. Agencies authorized under any other law to issue grading, building, or other permits for activities involving land-disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed.

B. No person may engage in any land-disturbing activity until he has acquired a land-disturbing permit, unless the proposed land-disturbing activity is specifically exempt from the provisions of this ordinance, and has paid the fees and posted the required bond.

C. An administrative fee of One Hundred Dollars ($100.00) shall be paid to the Treasurer of Russell County at the time of submission of the erosion and sediment control plan.

D. No land-disturbing permit shall be issued until the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed.

E. All applicants for permits shall provide to Russell County a performance bond, cash escrow, or an irrevocable letter of credit acceptable to the Treasurer of Russell County, to ensure that measures could be taken by Russell Count)" at the applicant’s expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation measures required of him by the approved plan as a result of his land-disturbing activity.

The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs and inflation which

Lonzo Lester Highlight

I. In, accordance with the procedure set forth by § 10.1~563 (E) of the Code of Virginia. Any person engaging in more than one jurisdiction, in the creation and operation of wetland mitigation or stream restoration banks, which have been, approved , and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of wetlands mitigation or, stream restoration, banks, pursuant to a mitigation banking instrument signed by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation or stream restoration banks annually With the Board for review and approval consist with guidelines established by the Board.

J. State agency projects are exempt from the provisions of this ordinance except as provided for in the Code of Virginia, Sec. 10.1-564.

D. No land-disturbing permit shall be issued until the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed.

E. _Allapplicants for permits shall provide to Russell County a performance bond, cash escrow, or an irrevocable letter of credit acceptable to the Treasurer of Russell County, to ensure that measures could be taken by Russell County’ at the applicant’s expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation measures required of him by the approved plan as a result of his land-disturbing activity.

shall not exceed twenty-five (25%) percent of the cost of the conservation action. Should it be necessary for the Russell County to take such conservation action, Russell County may collect from the applicant any costs in excess of the amount of the surety held.

Within sixty (60) days of adequate stabilization, as determined by the Russell County Building Official or his designated agent, in any project or section of a project, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof, shall be either refunded to the applicant or terminated, based upon the percentage of stabilization accomplished in the project or project section. These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. * Section 10-6. MONITORING . .JIBPORTS. AND INSPECTIONS

A. Russell County may require the person responsible for carrying out the plan to monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and maintenance, to ensure compliance with the.·approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation.

The Russell County Building Official or his designated agent shall periodically inspect the land-disturbing activity in accordance with Sec 4V ACS0-30-60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection.

If the Russell County Building Official or his designated agent determines that there is a failure to ~omply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address SI:Jecified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities.

The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this ordinance and shall be subject to the penalties provided by this ordinance.

C. Upon determination of a violation of this ordinance, the Russell County Building Official or his designated agent may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order requiring that all or part of

Lonzo Lester Highlight

If the Russell County Building Official or his designated agent determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee ‘supervising such activities.

Upon determination of a violation of this ordinance, the Russell County Building Official or his designated agent may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order requiring that all or part of

the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken.

If land-disturbing activities have commenced without an approved plan, the Russell County Building Official or his designated agent may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained.

Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this ordinance. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply.

The order shall be served in the same manner as a notice to comply, and shall remain in effect for a. period of seven (7) days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the Circuit Court of Russell County.

If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from the date of service of the order, the Building Official of Russell County or his designated agent may issue an order to the owner requiring that all COJi\Struction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of Russell County.

The owner may appeal the issuance of an order to the Circuit Court of Russell County.

Any person violating or failing, neglecting or refusing to obey an order issued by the Russell County Building Official or his designated agent may be compelled in a proceeding instituted in the Circ1:1it Court of Russell County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted.

Nothing in this secti<1n shall prevent the Russell County Building Official or his designated agent from taking any other action authorized by this ordinance . .

Section 10-7. PENALTIES. INJUNCTIONS. AND OTHER LEGAL ACTIONS

the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken.

The order shall be sérved in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the Circuit Court of Russell County.

If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from the date of service of the order, the Building Official of Russell County or his designated agent may issue an order to the owner requiring that all cogstruction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of Russell County.

‘The owner may appeal the issuance of an order to the Circuit Court of Russell County.

Any person violating or failing, neglecting or refusing to obey an order issued by the Russell County Building Official or his designated agent may be compelled in a proceeding instituted in the Circuit Court of Russell County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted.

Nothing in this section shall prevent the Russell County Building Official or his designated agent from taking any other action authorized by this ordinance.

Section 10-7. PENALTIES. INJUNCTIONS. AND OTHER LEGAL ACTIONS

…

A. Violators of this ordinance shall be guilty of a Class I misdemeanor.

B. Any person who violates any provision of this ordinance shall, upon a finding of the District Court of Russell County, be assessed a civil penalty. The civil penalty for anyone violation shall be $100, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of$ I 0,000.

[Note: The adoption of civil penalties according to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection A of this section. Refer to Code of Virginia, 1950, as amended §10.1-5.62 J.]

C. The County Administrator, on behalf of Russell County or the owner or property which has sustained damage or which is in imminent danger of being damaged, may apply to the Circuit Court of Russell County to enjoin a violation or a threatened violation of this ordinance, without the necessity of showing that an adequate remedy at law does not exist.

However, an owner cif property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated the local program nor the program authority has taken corrective action within fifteen days to eliminate the conditions which have caused, or create the probability of causing, damage to his property.

D. In addition to any criminal penalties provided under this ordinance, any person who violates any provision of this ordinance may be liable to Russell County in a civil action for damages.

E. Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by Russell County.

Any civil penalties assessed by a court shall be paid into the treasury of Russell County, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury . .

‘A. Violators of this ordinance shall be guilty ofa Class I misdemeanor.

However, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated the local program nor the program authority has taken corrective action within fifteen days to eliminate the conditions which have caused, or create the probability of causing, damage to his property.

D. _Inaddition to any criminal penalties provided under this ordinance, any person who violates any provision of this ordinance may be liable to Russell County in a civil action for damages.

Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by Russell County.

• …

F. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this ordinance, Russell County may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection E of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection E.

G. The Commonwealth’s Attorney shall, upon request of Russell County or the permit issuing authority, take legal action to enforce the provisions of this ordinance.

H. Compliance with the provisions of this ordinance shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages.

Section 10-8. APPEALS AND JUDICIAL REVIEW

A. Any applicant under the provision of this ordinance who is aggrieved by any action of Russell County or its agent in disapproving plans submitted pursuant to this ordinance shall have the right to apply for and receive a review of such action by the Russell County Board of Supervisors or its designated agent provided an appeal is filed within thirty (30) days from the date of the action. Any applicant who seeks an appeal hearing before the Russell County Board of Supervisors shall be heard at the next regularly scheduled public hearing provided that the Russell County Board of Supervisors and other involved parties have at least 30 days prior notice. In reviewing the agent’s actions, the Russell County Board of Supervisors or it’s designated agent shall consider evidence and opinions presented by the aggrieved applicant and agent. After considering the evidence and opinions, the Russell County Board of Supervisors or it’s designated agent may affirm, reverse or modify the action. The Russell County Board of Supervisors or it’s designated agent’s decision shall be final, subject only to review by the Circuit Court of Russell County.

B. Final decisions of R~ssell County under this ordinance shall be subject to review by the Russell County Circuit Court, provided an appeal is filed within thirty (30) days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities

Section 11

With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this ordinance, Russell County may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection E of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection E.

The Commonwealth’s Attorney shall, upon request of Russell County or the permit issuing authority, take legal action to enforce the provisions of this ordinance.

Compliance with the provisions of this ordinance shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages.

APPEALS AND JUDICIAL REVIEW

Any applicant under the provision of this ordinance who is aggrieved by any action of Russell County or its agent in disapproving plans submitted pursuant to this ordinance shall have the right to apply for and receive a review of such action by the Russell County Board of Supervisors or its designated agent provided an appeal is filed within thirty (30) days from the date of the action. Any applicant who seeks an appeal hearing before the Russell County Board of Supervisors shall be heard at the next regularly scheduled public hearing provided that the Russell County Board of Supervisors and other involved parties have at least 30 days prior notice. In reviewing the agent’s actions, the Russell County Board of Supervisors or it’s designated agent shall consider evidence and opinions presented by the aggrieved applicant and agent. After considering the evidence and opinions, the Russell County Board of Supervisors or it’s designated agent may affirm, reverse or modify the action, The Russell County Board of Supervisors or it’s designated agent’s decision shall be final, subject only to review by the Circuit Court of Russell County.

Final decisions of Russell County under this ordinance shall be subject to review

by the Russell County Circuit Court, provided an appeal is filed within thirty (30) days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CLINCH VALLEY SOIL AND WATER CONSERVATION DISTRICT ANDTHE

COUNTY OF RUSSELL FOR THE PROTECTION AND PROMOTION OF WATER QUALITY

This Memorandum of Understanding (MOU) was entered into this 4th day of February, 2013 by

and between the County of Russell, Virginia hereinafter called the County and the Clinch Valley

Soil and Water Conservation District, Commonwealth of Virginia, hereinafter called the District.

Purpose: Recognizing the need for close working relationships in carrying out the responsibilities for which each is charged, the purpose of the County and District entering into

this MOU is to serve as the foundation for an enduring cooperative working relationship

between the parties. Such cooperation allows joint effort in the solution of problems relating to

the planning and development of soil, water, and related natural resources in Russell County.

Clinch Valley Soil and Water Conservation District agrees to:

The District will make technical assistance available as requested by the County. This assistance

as set forth below will be provided by federal, state, and local resource agencies which work

through the District, within the limitations of their budgets, availability of personnel and in accordance with established policies for reimbursement of certain costs.

Scope of Work

Provide plan review and plan approval services to the County as it relates to the Erosion and

Sediment Control (ESC) Program.

Provide information to the public about ESC Program.
Provide available basic natural resource data (soil survey, topographic, watershed) and interpretation of related information.
Assist the County in the development of policies, ordinances, and programs for the conservation of soil, water, and related natural resources.
Provide current soil and water conservation practice standards and specifications for

agricultural, residential, and urban Best Management Practices (BMPs).

Inform the County of programs available through the District and its cooperating agencies that affect natural resource management.

Page 1 of3

Lonzo Lester Highlight

MEMORANDUM OF UNDERSTANDING BETWEEN THE CLINCH VALLEY SOIL AND WATER CONSERVATION DISTRICT AND THE COUNTY OF RUSSELL FOR THE PROTECTION AND PROMOTION OF WATER QUALITY

This Memorandum of Understanding (MOU) was entered into this 4th day of February, 2013 by and between the County of Russell, Virginia hereinafter called the County and the Clinch Valley Soil and Water Conservation District, Commonwealth of Virginia, hereinafter called the District.

Purpose: Recognizing the need for close working relationships in carrying out the responsibilities for which each is charged, the purpose of the County and District entering into this MOU is to serve as the foundation for an enduring cooperative working relationship between the parties. Such cooperation allows joint effort in the solution of problems relating to the planning and development of soil, water, and related natural resources in Russell County.

Clinch Valley Soil and Water Conservation District agrees to: The District will make technical assistance available as requested by the County. This assistance as set forth below will be provided by federal, state, and local resource agencies which work through the District, within the limitations of their budgets, availability of personnel and in accordance with established policies for reimbursement of certain costs.

Scope of Work

Provide plan review and plan approval services to the County as it relates to the Erosion and Sediment Control (ESC) Program,
Provide information to the public about ESC Program.
Provide available basic natural resource data (soil survey, topographic, watershed) and interpretation of related information.
Assist the County in the development of policies, ordinances, and programs for the conservation of soil, water, and related natural resources.
Provide current soil and water conservation practice standards and specifications for agricultural, residential, and urban Best Management Practices (BMPS).
Inform the County of programs available through the District and its cooperating agencies that affect natural resource management.

Page 1 of 3

Implement the Virginia Agricultural Cost-Share (VACS} Program, which is funded by the Commonwealth of Virginia. Provide cost-share and tax credit financial assistance as

contained within the VACS Program. Provide technical assistance to agricultural operators

to install BMPs contained within the VACS Program.

As needed, delegate a member of the District Board of Directors to serve as a liaison

representative to the County.

Furnish a copy of the Strategic Plan (4-year long-range plan} and Annual Report.
Prepare an Annual Plan of Work and make available to the County for review. Prepare and

submit to the County a budget request for carrying out the plan.

11} Stay current with local Total Maximum Daily Load (TMDL} and Tributary Strategies planning and implementation.

12} Conduct soil and water environmental education programs within public and private

schools.

13} Promote and support the Virginia Envirothon program. Coordinate training and provide

financial support to local teams.

Assist with local educational programs relating to natural resource conservation and

protection of the environment.

15} Work the Virginia Department of Agriculture and Consumer Services (VDACS} to implement

the Virginia Agricultural Stewardship Act (ASA}.

Russell County Agrees to:

1} Assist the District in the development of effective soil and water conservation programs (i.e.

Erosion and Sediment Control and Stormwater Management}.

Provide the District with a copy of the Comprehensive Plan, land use plan, and any other

plan(s} for the County.

3} Consult with the District in the development or review of policies, ordinances, and programs

which deal with soil, water, and related natural resources.

Page 2 of3

Lonzo Lester Highlight

Implement the Virginia Agricultural Cost-Share (VACS) Program, which is funded by the Commonwealth of Virginia. Provide cost-share and tax credit financial assistance as contained within the VACS Program, Provide technical assistance to agricultural operators to install BMPs contained within the VACS Program.
As needed, delegate a member of the District Board of Directors to serve as a liaison representative to the County.
Furnish a copy of the Strategic Plan (4-year long-range plan) and Annual Report.
Prepare an Annual Plan of Work and make available to the County for review. Prepare and submit to the County a budget request for carrying out the plan.
Stay current with local Total Maximum Daily Load (TMDL) and Tributary Strategies planning and implementation.
Conduct soil and water environmental education programs within public and private schools.
Promote and support the Virginia Envirothon program. Coordinate training and provide financial support to local teams.
Assist with local educational programs relating to natural resource conservation and protection of the environment.
Work the Virginia Department of Agriculture and Consumer Services (VDACS) to implement the Virginia Agricultural Stewardship Act (ASA). Russell County Agrees to:
Assist the District in the development of effective soil and water conservation programs (i.e. Erosion and Sediment Control and Stormwater Management).
Provide the District with a copy of the Comprehensive Plan, land use plan, and any other plan(s) for the County.
Consult with the District in the development or review of policies, ordinances, and programs which deal with soil, water, and related natural resources.

Page 2 of 3

Use natural resource data and soil and water conservation standards and specifications furnished by the District in its local program and County owned property, whenever feasible.
Assist the District with educating the publ ic on proper use and management of natural resources, subject to the County’s appropriation process.
Provide the District with funding in support of the District’s Annual Plan of Work, subject to the County’s appropriation process.

Russell County and Clinch Valley Soil and Water Conservation District mutually agree that:

Representatives of the County and the District will meet annually prior to budget requests to fu rther coordinate thei r respective programs and activities for optimum mutual benefit and to review the MOU and recommend modifications as necessary.
Special emphasis will be given by the County and District to maximize the effectiveness of water quality and quantity programs.
Th is Memorandum may be amended or terminated at any time by mutual consent of the parties hereto or may be terminated by either party by giving sixty {60) days notice in writ ing, to the other party.

COUNTY OF RUSSELL, VIRGINIA

d, Interim County Administrator Russell County Board of Supervisors

Date

Approves as to f~

c ~:mG’------ County Attorney

Date

CLINCH VALLEY SOIL AND WATER CONSERVATION DISTRICT

'2, - z.,J-13

Date

Page 3 of 3

Lonzo Lester Highlight

Use natural resource data and soil and water conservation standards and specifications furnished by the District in its local program and County owned property, whenever feasible.
Assist the District with educating the public on proper use and management of natural resources, subject to the County’s appropriation process.
Provide the District with funding in support of the District’s Annual Plan of Work, subject to the County’s appropriation process.

Russell County and Clinch Valley Soil and Water Conservation District mutually agree that:

1). Representatives of the County and the District will meet annually prior to budget requests to further coordinate their respective programs and activities for optimum mutual benefit and to review the MOU and recommend modifications as necessary.

Special emphasis will be given by the County and District to maximize the effectiveness of water quality and quantity programs.
This Memorandum may be amended or terminated at any time by mutual consent of the parties hereto or may be terminated by either party by giving sixty (60) days notice in writing, to the other party.

COUNTY OF RUSSELL, CLINCH VALLEY SOIL AND WATER VIRGINIA CONSERVATION DISTRICT

Aifear pre a Rufus Hd@4, Interim County Administrator Rx

Russell County Board of Supervisors

2-4/3 2-UI- 13 Date Date Approves as to form:

County Attorney 2-IS-/3 Date

Page 3 of 3

Board of Supervisors Action Item 137 Highland Drive Presenter: Chairperson
Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board Appointments BOARD APPOINTMENTS

Cumberland Mountain Community Service Board

James Mounts 3-Year Term (Tabled 12/3/2018) (Barbara Fuller Replacement) CPRWM Board

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s): Motion to appoint Board Members.

Board of Supervisors Action Item 137 Highland Drive Presenter: Chairperson Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

Board Appointments BOARD APPOINTMENTS

Cumberland Mountain Community Service Board

James Mounts 3-Year Term (Tabled 12/3/2018) (Barbara Fuller Replacement) CPRWM Board

STAFF RECOMMENDATION(s): Board Discretion. SUGGESTED MOTION(s): Motion to appoint Board Members.

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

CUMBERLAND MOUNTAIN COMMUNITY SERVICES Mental Health, Intellectual Disability, and Substance Abuse Services

February 26, 2019

Ms. Rebecca Dye, Chair Russell County Board of Supervisors P.O. 137 Highland Drive Lebanon, VA 24266

Mr. Lonzo Lester County Administrator 13 7 Highland Drive Lebanon, VA 24266

Dear Ms. Dye and Mr. Lester,

Mary F. Cole, LCSW, Executive Director

In seeking a replacement for Dr. Fuller, I would like to recommend Mr. James Mounts. Mr. Mounts served on our Board as an appointee of Tazewell County over ten (10) years ago. He has expressed a desire to again serve. He is now a resident of Russell County.

Pursuant to Code of Virginia 37.2-501, Section A:

“One-third of the appointments to the board shall be individuals who are receiving or who have received services or family members of individuals who are receiving or who have received services, at least one of whom shall be an Individual receiving services.”

At this time, we do have one appointee each from Buchanan and Tazewell Counties who satisfy this requirement. However, we do not have any such appointee from Russell County. It is with Mr. Mount’s permission that I acknowledge he would fulfill this requirement as he has a son in services with us. Mr. Mounts contact information is included below.

We would be pleased to have Mr. Mounts but, of course, would also be pleased to work with anyone you choose to appoint. If you have any question, please do not hesitate to call me.

Sincerely,

?!!ca:tLfsfL Executive Director

Contact information: James Mounts 360 Indian Hills Drive Cedar Bluff, VA 24609 (276) 979-597

P.O. Box 810 Cedar Bluff, VA 24609 •Tel: (276) 964-6702 • Fax: (276) 964-0292 •TDD 1-800-347-4939

CUMBERLAND MOUNTAIN COMMUNITY SERVICES Mental Health, Intellectual Disability, and Substance Abuse Services

Mary F. Cole, LCSW, Executive Director

February 26, 2019

Ms, Rebecca Dye, Chair Russell County Board of Supervisors P.O. 137 Highland Drive

Lebanon, VA 24266

Mr. Lonzo Lester County Administrator 137 Highland Drive Lebanon, VA 24266

Dear Ms. Dye and Mr. Lester,

Pursuant to Code of Virginia 37.2-501, Section A:

“One-third of the appointments to the board shall be individuals who are receiving or who have received services or family members of individuals who are receiving or who have recelved services, at least one of whom shall be an individual receiving services.”

At this time, we do have one appointee each from Buchanan and Tazewell Counties who satisfy this requirement, However, we do not have any such appointee from Russell County. It is with Mr. Mount’s, permission that I acknowledge he would fulfill this requirement as he has a son in services with us. Mr. Mounts contact information is included below.

We would be pleased to have Mr. Mounts but, of course, would also be pleased to work with anyone you choose to appoint. If you have any question, please do not hesitate to call me.

Sincerely,

Ley Sle

Executive Director

Contact information: James Mounts 360 Indian Hills Drive Cedar Bluff, VA 24609 (276) 979-597

P.O, Box 810 Cedar Bluff, VA 24609 « Tel: (276) 964-6702 * Fax: (276) 964-0292 » TDD 1-800-347-4939

Cumberland Moutain Community Service Board P.O. Box 810, Cedar Bluff, VA 24609

~r<“”~ B0ARD MEMBERS: I APP01NTMENT TERM: TERM EXPIRES: “”~~ y -~~

Donald Ramey l 687 E. Main Street

Four Years December3l, 2019 Lebanon, VA 24266

880-4893 Dr. Barbara Fuller P.O. Box SVCC

Three Years December 31, 2018 Richlands, VA 24609

(27 6) 964-2555 Steve Givens - RCMC

58 Carroll Street Three Years December 3 l , 202 l

Lebanon, VA 24266 (276) 883-8000

For Information Contact: Mary Cole, Executive Director

P.O. Box8l0 Cedar Bluff, VA 24609

(276) 964-6702

Lonzo Lester Highlight

Russeli County Board of Supervisors Board Appointments

Cumberland Moutain Community Service Board P.O. Box 810, Cedar Bluff, VA 24609

~ BOARD MEMBERS: APPOINTMENT TERM: TERM EXPIRE. Donald Ramey 1687 E, Main Street Lebanon, VA 24266 (276) 680-4893 Dr, Barbara Fuller P.O. Box SVCC Richlands, VA 24609 (276) 964-2555 Steve Givens ~ RCMC,

58 Carroll Street Lebanon, VA 24266 (276) 883-8000 For Information Contact: Mary Cole, Executive Director P.O. Box 810 Cedar Bluff, VA 24609 (276) 964-6702

Four Years December 31, 2019

Three Years December 31, 2018 |

Three Years December 31, 2021

Board Appointments for 2019

Name Term Term Ending Phone Number

Cumberland Mt. Community Service Board

Barbara Fuller (ineligible) Three Years December 31, 2018

Dante Community Center

Bobbie Gullet Two Years Apri l 3, 2019

Arthur Phillips Two Years April 3, 2019

Wanda Osborne Two Years April 3, 2019

Dante Community Center

Catherine Pratt Two Years June 19, 2019

Jason Gullett Two Years June 30, 2019

Department of Social Services

Brian Ferguson Four Years June 19, 2019

Cumberland Plateau Economic Development Commission

Frank Horton One Year June 30, 2019

Ron Blankenship One Year June 30, 2019

James Eaton, Jr. One Year June 30,2019

Russell County Tourism

Alice Meade Four Year June 30, 2019

Ann Monk Four Year June 30, 2019

Patsy Philips Four Year June 30, 2019

Donna Meade Four Year June 30, 2019

Susan Hilton Four Year June 30, 2019

James Lyttle Four Year June 30, 2019

Southwest Community College Advisory Board

Randall Hillman Four Year June 30, 2019

Board Appointments for 2019

[Cumberland Mt. Community Ser Board

Barbara Fuller (ineligible) Three Years December 34, 2018

Dante Community Center x 3 oes = ais = Bobbie Gullet i Two Years April 3, 2019

[Arthur Phillips — — Two Years ____ April 3, 2019 2 Wanda Osborne Two Years 7 April 3, 2019

Dante Community Center

|Catherine Pratt Two Years June 19, 2019

[iason Gullett Two Years June 30, 2019

Department of Social Services

Brian Ferguson Four Years June 19, 2019

Cumberland Plateau Economic Development Commission

[Frank Horton’ One Year June 30, 2019 Ron Blankenship One Year June 30, 2019 James Eaton, Jr. One Year: June 30,2019

Russell County Tourism.

[Alice Meade Four Year June 30, 2019 Ann Monk. Four Year June 30, 2019 Patsy Philips Four Year June 30, 2019 Donna Meade Four Year June 30, 2019 Susan Hilton’ Four Year June 30, 2019 James Lyttle Four Year June 30, 2019

[Southwest Community College Advisory Board Randall Hillman Four Year June 30, 2019

Name Term Term Ending Phone Number

Highway and Safety

Gary Dotson Tw o Year July 10, 2019

Johnny Jessee Two Year Ju ly 10, 2019

Steve Dye Two Year July 10, 2019

Eugene Ferguson Two Year July 10, 2019

Tony Maxfield Two Year July 10, 2019

Mike O’Quinn Two Year July 10, 2019

Barbara Cox Two Year July 10, 2019

Henry Stinson Two Year July 10, 2019

Mark Mitchell Two Year July 10, 2019

Emory Altizer Two Year July 10,2019

RC PSA

Larry McGlothlin Three Year August 1, 2019

James Kiser Three Year August 1, 2019

RC Tourism

Jeff Hess Four Year August 30, 2019

Betsy Gilmer Four Year August 30, 2019

,.-… "’

Sherry~ Three Year September 19, 2019 StlimA- - ‘Three Yeaf" September 19, 2019 PamBartbA "’ Three Year ~ber 19, 2019

Oak Grove Community Center

Linda Cross Two Year October 3, 2019

Frances Glovier Two Year October 3, 2019

Rita “Charlene” Johnson Two Year October 3, 2019

Tammy Perry Two Year October 3, 2019

John Perry Tw o Year October 3, 2019

Nancy Osborne Two Year October 3, 2019

Peggy Kegley Two Year October 3, 2019

Highway and Safety

|Gary Dotson Two Year July 10, 2019 Vohnny Jessee Two Year July 10, 2019 [Steve Dye Two Year July 10, 2019 [Eugene Ferguson Two Year July 10, 2019 [Tony Maxfield Two Year July 10, 2019 Mike O’Quinn Two Year July 10, 2019 Barbara Cox Two Year July 10, 2019 Henry Stinson Two Year July 10, 2019 Mark Mitchell ‘Two Year July 10, 2019 Emory Altizer Two Year July 10,2019 RC PSA

Larry McGlothiin Three Year ‘August 1, 2019) James Kiser Three Year August 1, 2019, IRC Tourism:

lieff Hess Four Year August 30, 2019 Betsy Gilmer Four Year August 30, 2019

[Oak Grove Community Center

Linda Cross Two Year October 3, 2019 Frances Glovier Two Year October 3, 2019 Rita “Charlene” Johnson. Two Year October 3, 2019 Tammy Perry Two Year October 3, 2019 lJohn Perry Two Year ‘October 3, 2019 Nancy Osborne Two Year ‘October 3, 2019 Peggy Kegley Two Year October 3, 2019

Name Term Term Ending Phone Number

RC Planning Commission

Wayne Young Four Year October 4, 2019

John Mason Four Year October 4, 2019

Community Policy Managemant Team

Lonzo Lester Four Year November 4, 2019

Jeffrey Brintle Three Year November 7, 2019

Cumberland Mountain Community Service Board

Donald Ramey Four Year December 31, 2019

Department of Social Services

Rebecca Dye Four Year December 31, 2019

Finney Community Center

Edward Tiller Two Year December 4, 2019

Highway and Safety

Linda Cross - Two Year December 31, 2019

IDA

Mike Hincher Four Year December 31, 2019

Tony Dodi Four Year December 31, 2019

Richard Lockridge Four Year December 31, 2019

Russell County Tourism

Lou Wallace Four Year December 31, 2019

Southwest VA EMS Council

M axie Skeen Four Year December 31, 2019

RC Planning Commission Wayne Young. Four Year October 4, 2019 liohn Mason Four Year ‘October 4, 2019 Four Year November 4, 2019 3 Three Year November 7, 2019

[Department of Social Services

Rebecca Dye Four Year December 31, 2019 Finney Community Center

[Edward Tiller Two Year December 4, 2019 Highway and Safety

Linda Cross Two Year December 31, 2019 IDA

Mike Hincher Four Year December 31, 2019 [Tony Dodi Four Year December 34, 2019 Richard Lockridge Four Year December 31, 2019

Board of Supervisors Action Item B-1 137 Highland Drive Presenter: Chairman Lebanon, VA 24266

Meeting: 3/4/2019 6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Minutes

Request approval of the minutes from the following meeting:

• February 4, 2019 Board Minutes

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

• Board Minutes

Board of Supervisors Action Item B-1 137 Highland Drive Presenter: Chairman Lebanon, VA 24266

Meeting: 3/4/2019 6:00 PM

Approval of Minutes

Request approval of the minutes from the following meeting: « February 4, 2019 Board Minutes

STAFF RECOMMENDATION(s): Board discretion

SUGGESTED MOTION(s): Motion to approve Board Minutes.

ATTACHMENTS:

Board Minutes

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

February 04, 2019

The regular monthly meeting of the Russell County Board of Supervisors was held on Monday, February

04, 2019 at 6:00 pm. at the Russell County Government Center in Lebanon, Virginia. An Executive

(Closed) Session was held prior to the meeting at 5:00 pm.

The Clerk called the meeting to order.

Roll Call by the Clerk:

Present:

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Harry Ferguson

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney

Absent: None

EXECUTIVE (CLOSED) SESSION

Motion made by Harry Ferguson, second Steve Breeding and duly approved by the Board of Supervisors to enter into (closed) executive session pursuant to Section 2.2-3712(5) of the Code of Virginia to discuss prospective business matters and litigation matters pursuant to 2.2-3712(7)(8).

The vote was: Aye: Harry Ferguson, Lou Wallace, Tim Lovelace, Carl Rhea, Steve Breeding, Rebecca Dye and David Eaton Nay: None

CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to return to regular session.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business

February 04, 2019

The regular monthly meeting of the Russell County Board of Supervisors was held on Monday, February 04, 2019 at 6:00 pm. at the Russell County Government Center in Lebanon, Virginia. An Executi (Closed) Session was held prior to the meeting at 5:00 pm.

‘The Clerk called the meeting to order. Roll Call by the Clerk: Present:

Tim Lovelace Lou Wallace Carl Rhea David Eaton Steve Breeding Rebecca Dye Harry Ferguson

Lonzo Lester, Clerk Vicki Porter, Deputy Clerk Katie Patton, County Attorney

Absent: None

EXECUTIVE (CLOSED) SESSION

‘The vote was: Aye: Harry Ferguson, Lou Wallace, Tim Lovelace, Cari Rhea, Steve Breeding, Rebecca Dye and David Eaton Nay: None CERTIFICATION OF EXECUTIVE (CLOSED) SESSION

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to return to regular session,

The vote was:

‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

Pursuant to § 2.2-3712(D) of the Code of Virginia 1950, as amended each member of the Board of ‘Supervisors upon the Roll Call certifies that to the best of their knowledge (i) only public business

matters lawfully exempted from the open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters that were identified in the motion(s) by which the closed meeting was convened were heard, discussed or considered in the meeting by the Board of Supervisors.

Are there any who believe a departure has taken place? Seeing none, if you agree that the matters heard,

discussed or considered during the closed meeting were pursuant only to the motion(s) by which the

closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace -AYE Lou Wallace -AYE Carl Rhea -AYE David Eaton -AYE Rebecca Dye - A YE Steve Breeding -AYE Harry Ferguson -AYE

Invocation by Steven Stutzman, Lebanon Baptist Church followed by the Pledge of Allegiance to the Flag.

APPROVAL OF THE AGENDA

Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as amended.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

PUBLIC HEARING ON THE CLEVELAND SCHOOL PROPERTY

Pursuant to being advertised in a local newspaper for (2) two consecutive weeks, a public hearing was held on the Cleveland School Property. The Chairperson opened the public hearing to comments, hearing none the public hearing was closed.

Ernie McFaddin, Chairman of the Russell County Industrial Development Authority requested that the Cleveland School property be conveyed to the IDA once a feasibility study was completed for a prospective business.

TRANSFER OF THE CLEVELAND SCHOOL PROPERTY TABLED

Motion made by Carl Rhea, second Harry Ferguson and duly approved by the Board of Supervisors to table the transfer of the Cleveland School property.

Any member of the Board of Supervisors who believes that there was a departure from the requirements of clauses (i) and (li) above shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place.

Are there any who helieve a departure has taken place? Seeing none, if you agree that the matters heard, discussed or considered during the closed meeting were pursuant only to the motion(s) by which the closed meeting was convened, please signify by saying aye or yes.

Tim Lovelace ~ AYE ‘Lou Wallace — AYE Carl Rhea— AYE David Eaton — AYE Rebecca Dye - AYE Steve Breeding ~ AYE Harry Ferguson — AYE

Invocation by Steven Stutzman, Lebanon Baptist Church followed by the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA

‘Motion made by Steve Breeding, second David Eaton and duly approved by the Board of Supervisors to approve the agenda as amended.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

PUBLIC HEARING ON THE CLEVELAND SCHOOL PROPERTY

Ernie McFaddin, Chairman of the Russell County industrial Development Authority requested that the

Cleveland Schoo! property be conveyed to the IDA once a feasibility study was completed for a prospective business.

TRANSFER OF THE CLEVELAND SCHOOL PROPERTY TABLED.

Motion made by Carl Rhea, second Harry Ferguson and duly approved by the Board of Supervisors to table the transfer of the Cleveland School property.

The vote was: Aye: Carl Rhea, Harry Ferguson, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye Nay: None

Board Appointments CARL RHEA APPOINTED TO THE CPRWMA

Steve Breeding nominated Carl Rhea. Lou Wallace nominated Tim Lovelace.

Tim Lovelace: (3) three votes - Lou Wallace, Rebecca Dye and Tim Lovelace Carl Rhea: (4) four votes - Steve Breeding, David Eaton, Harry Ferguson and Carl Rhea

Carl Rhea was appointed to the Cumberland Plateau Regional Waste Management Authority for a (4) four-year term, said term ending March 01, 2023.

CUBA PORTER APPOINTED TO THE RUSSELL COUNTY EQUALIZATION BOARD

David Eaton nominated Cuba Porter.

Motion made by Steve Breeding, second David Eaton that nominations cease and Cuba Porter be appointed by acclamation to the Equalization Board for a (4) four-year term, said term ending February 04, 2023.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

KEMPER FULLER APPOINTED AS AN ALTERNATE TO THE RUSSELL COUNTY EQUALIZATION BOARD

Harry Ferguson nominated Kemper Fuller.

Motion made Lou Wallace, second by Steve Breeding and duly approved by the Board of Supervisors to appoint Kemper Fuller as an alternate to the Equalization Board by acclamation for a (4) four-year term, said term ending February 04, 2023.

The vote was: Aye: Lou Wallace, Steve Breeding, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Harry Ferguson Nay: None

New Business APPROVAL OF THE JANUARY 09, 2019 MINUTES

The vote was:

‘Aye: Carl Rhea, Harty Ferguson, Tim Lovelace, Lou Wallace, David Eaton, Steve Breeding and Rebecca Dye

Nay: None

Board Appointments CARL RHEA APPOINTED TO THE CPRWMA

Steve Breeding nominated Carl Rhea. Lou Wallace nominated Tim Lovelace.

Tim Lovelace: (3) three votes - Lou Wallace, Rebecca Dye and Tim Lovelace Carl Rhea: (4) four votes - Steve Breeding, David Eaton, Harry Ferguson and Carl Rhea

Carl Rhea was appointed to the Cumberland Plateau Regional Waste Management Authority for a (4) four-year term, said term ending March 01, 2023.

CUBA PORTER APPOINTED TO THE RUSSELL COUNTY EQUALIZATION BOARD

David Eaton nominated Cuba Porter.

Motion made by Steve Breeding, second David Eaton that nominations cease and Cuba Porter be appointed by acclamation ta the Equalization Board for a (4) four-year term, said term ending February 04, 2023.

The vote was: ‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None

KEMPER FULLER APPOINTED AS AN ALTERNATE TO THE RUSSELL COUNTY EQUALIZATION BOARD.

Harry Ferguson nominated Kemper Fuller.

The vote was:

Aye: Lou Wallace, Steve Breeding, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Harry Ferguson

Nay: None

New Business APPROVAL OF THE JANUARY 09, 2019 MINUTES

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the January 09, 2019 minutes and dispense with the reading thereof.

The vote was: Aye: Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Harry

Ferguson Nay: None

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve general county invoices in the amount of $465,071.95 including withholdings and reoccurring.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

Citizens Comment

The Chairperson opened citizens comment period.

Michael Hale, Glade Hill Drive, Lebanon, asked that his road be taken into the system.

The Chairperson closed citizens comment period.

County Attorney Reports and Requests

Katie Patton, County Attorney discussed the Dilapidated Structure Ordinance, Litter Ordinance and the

County By-Laws.

County Administrator Reports and Requests

APPROVAL TO TAKE OVER THE PAYMENTS ON THE RUSSELL COUNTY PSA BUILDING IN SWORDS CREEK, VA

Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to take possession and make the monthly payment in the amount of $514.09 for the Russell County PSA building in Swords Creek. This building is to be used as a Swords Creek Community Center.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Harry Ferguson and Rebecca Dye Nay: Lou Wallace Abstain: Carl Rhea

APPROVAL TO AWARD THE COUNTY IT CONTRACT

Motion made by Steve Breeding, second Lou Wallace and duly approved by the Board of Supervisors to approve the January 09, 2019 minutes and dispense with the reading thereof.

‘The vote was: ‘Aye: Steve Breeding, Lou Wallace, Carl Rhea, Tim Lovelace, David Eaton, Rebecca Dye and Harry Ferguson

Nay: None

APPROVAL OF GENERAL COUNTY INVOICES

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve general county invoices in the amount of $465,071.95 including withholdings and reoccurring.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry

Ferguson Nay: None

Citizens Comment

The Chairperson opened citizens comment period.

Michael Hale, Glade Hill Drive, Lebanon, asked that his road be taken into the system. ‘The Chairperson closed citizens comment period.

County Attorney Reports and Requests

Katie Patton, County Attorney discussed the Dilapidated Structure Ordinance, Litter Ordinance and the ‘County By-Laws,

County Administrator Reports and Requests

APPROVAL TO TAKE OVER THE PAYMENTS ON THE RUSSELL COUNTY PSA BUILDING IN SWORDS CREEK, VA

‘Motion made by David Eaton, second Lou Wallace and duly approved by the Board of Supervisors to take possession and make the monthly payment in the amount of $514.09 for the Russell County PSA building in Swords Creek. This butlding is to be used as a Swords Creek Community Center,

The vote was:

Aye: David Eaton, Steve Breeding, Tim Lovelace, Harry Ferguson and Rebecca Dye Nay: Lou Wallace

Abstain: Carl Rhea

APPROVAL TO AWARD THE COUNTY IT CONTRACT

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize the County Administrator to award an IT contract for the County.

The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF A TRAVEL REQUEST FROM THE TOURISM DEPARTMENT

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to approve a travel request from the Tourism Department.

The vote was; Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF A TRAVEL REQUEST FROM THE BUILDING DEPARTMENT

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a travel request from the Building Department.

The vote was: Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

APPROVAL OF A MORAL OBLIGATION RESOLUTION FOR THE TOWN OF LEBANON

Motion made by Steve Breeding, second Harry Ferguson and duly approved by the Board of Supervisors to approve a Moral Obligation Resolution for the Town of Lebanon to help secure a loan for a prospective business.

The vote was; Aye: Steve Breeding, Harry Ferguson, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and David Eaton Nay: None

Other Matters Presented by the Board

The Chairperson appointed Sandra Griffith to the Cannery Committee due to the resignation of Mary Fields.

APPROVAL TO ADJOURN

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to adjourn.

The vote was:

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to authorize the County Administrator to award an IT contract for the County.

The vote was: Aye: David Eaton, Carl Rhea, Tim Lovelace, Lou Wallace, Steve Breeding, Rebecca Dye and Harry Ferguson

Nay: None APPROVAL OF A TRAVEL REQUEST FROM THE TOURISM DEPARTMENT

Motion made by Lou Wallace, second Steve Breeding and duly approved by the Board of Supervisors to approve a travel request from the Tourism Department.

The vote was; Aye: Lou Wallace, Steve Breeding, Tim Lovelace, David Eaton, Carl Rhea, Rebecca Dye and Harry Ferguson

Nay: None APPROVAL OF A TRAVEL REQUEST FROM THE BUILDING DEPARTMENT

Motion made by David Eaton, second Steve Breeding and duly approved by the Board of Supervisors to approve a travel request from the Building Department.

The vote was: ‘Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry

Ferguson Nay: None

APPROVAL OF A MORAL OBLIGATION RESOLUTION FOR THE TOWN OF LEBANON

The vote was; Aye: Steve Breeding, Harry Ferguson, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and David

Eaton Nay: None

Other Matters Presented by the Board ‘The Chairperson appointed Sandra Griffith to the Cannery Committee due to the resignation of Mary

Fields. APPROVAL TO ADJOURN

Motion made by David Eaton, second Carl Rhea and duly approved by the Board of Supervisors to adjourn.

The vote was:

Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

Clerk of the Board Chairperson

Aye: David Eaton, Steve Breeding, Tim Lovelace, Lou Wallace, Carl Rhea, Rebecca Dye and Harry Ferguson Nay: None

Clerk of the Board Chairperson

Board of Supervisors Action Item B-2

137 Highland Drive Presenter: Chairman Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Approval of Expenditures

Request approval of the County’s February 2019 Monthly Expenditures:

STAFF RECOMMENDATION(s):
County’s February 2019 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s February 2019 Monthly Expenditures.

ATTACHMENTS:

• February 2019 Monthly Expenditures

Board of Supervisors Action Item B-2 137 Highland Drive Presenter: Chairman Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

Approval of Expenditures

Request approval of the County’s February 2019 Monthly Expenditures:

STAFF RECOMMENDATION(S): County’s February 2019 Monthly Expenditures are in compliance with budget and operational

services.

SUGGESTED MOTION(s): Motion to approve County’s February 2019 Monthly Expenditures.

ATTACHMENTS:

February 2019 Monthly Expenditures

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

AP060 2/27/2019 A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001 FUND#4100 PAGE 1

DUE DATE INV.DATE VENDOR INVOICE CLASS GROSS AMT. NET AMOUNT GlL ACCOUNT P.O.# 3/04/2019 1/22/2019 002615 A & A ENTERPRIS 62012 103.85 103.85 4100-031020-5410- 3/04/2019 2/14/2019 002615 A & A ENTERPRIS 62255 98.80 98.80 4100-031020-5410- 3/04/2019 1/29/2019 002615 A & A ENTERPRIS 652079 150.85 150. 85 4100-031020-5410-

353.50 353.50 3/04/2019 2/07/2019 002623 ADVANCED MAILIN 135759 233.94 233.94 4100-012010-3005-

233.94 233.94 3/04/2019 2/13/2019 003845 ALSCO LROA872254 53.66 53.66 4100-072010-3008-

53.66 53.66 3/04/2019 1/24/2019 003754 AMAZON 447646695354 10 9.31 9.31 4100-073010-5414- 3/04/2019 1/24/2019 003754 AMAZON 447868438769 10 162.99 162.99 4100-073010-5414- 3/04/2019 1/15/2019 003754 AMAZON 456647435573 10 8.36 8.36 4100-073010-5411- 3/04/2019 2/02/2019 003754 AMAZON 45666647486 10 19.43 19 .43 4100-073010-5411- 3/04/2019 1/25/2019 003754 AMAZON 457746479734 10 2 .10- 2 .10- 4100-073010-5411- 3/04/2019 12/10/2018 003754 AMAZON 46643793548 10 61. 79 61.79 4100-073010-5411- 3/04/2019 1/19/2019 003754 AMAZON 466878574656 10 19.99 19.99 4100-073010-5411- 3/04/2019 2/16/2019 003754 AMAZON 468664354944 10 22.99 22. 99 4100-073010-5411- 3/04/2019 2/08/2019 003754 AMAZON 869839399667 10 19.68 19.68 4100-073010-5411- 3/04/2019 1/23/2019 003754 AMAZON 935435657456 10 42. 97 42. 97 4100-073010-5411- 3/04/2019 1/24/2019 003754 AMAZON 949433696785 10 25.98 25. 98 4100-073010-5411-

391-39 391.39 3/04/2019 2/08/2019 002792 APPALACHIAN GRA 5575 10 242.00 242.00 4100-073010-5413-

242.00 242.00 3/04/2019 2/15/2019 000046 AT & T 02152019 45.18 45.18 4100-032050-5203- 3/04/2019 2/15/2019 000046 AT & T 02152019 25.32 25.32 4100-032050-5203-

70.50 70.50 3/04/2019 1/08/2019 003103 AtJTO MOTION SER 15442 40.00 40.00 4100-031020-5408- 3/04/2019 2/05/2019 003103 AU"'TO MOTION SER 15484 56. 0 0 5 6. 0 0 4100-031020-5408- 3/04/2019 1/25/2019 003103 AUTO MOTION SER 15485 798.13 798.13 4100-031020-5408-

894.13 894.13 3/04/2019 1/22/2019 001956 BAKER AND TAYLO 5015343770 10 16.18 16.18 4100-073010-5411- 3/04/2019 1/22/2019 001956 BAKER AND TAYLO 5015343771 10 16.18 16.18 4100-073010-5411- 3/04/2019 1/22/2019 001956 BAKER AND TAYLO 5015343772 10 119.16 119.16 4100-073010-5411- 3/04/2019 1/28/2019 001956 BAKER AND TAYLO 5015352122 10 48.27 48.27 4100-073010-5411- 3/04/2019 1/28/2019 001956 BAKER AND TAYLO 5015352123 10 721.26 721.26 4100-073010-5411- 3/04/2019 1/29/2019 001956 BAKER AND TAYLO 5015354309 10 27.69 27.69 4100-073010-5411- 3/04/2019 1/29/2019 001956 BAKER AND TAYLO 5015354310 10 198.19 198.19 4100-073010-5411- 3/04/2019 2/11/2019 001956 BAKER AND TAYLO 5015369214 10 16.21 16.21 4100-073010-5411- 3/04/2019 2/11/2019 001956 BAKER AND TAYLO 5015369215 10 31. 97 31. 97 4100-073010-5411- 3/04/2019 2/11/2019 001956 BAKER AND TAYLO 5015369216 10 120 . 91 120.91 4100-073010-5411- 3/04/2019 2/11/2019 001956 BA.'<ER MD TAYLO 5015369217 10 37 . 5 0 37. 50 4100-073010-5411-

1,353 .52 1,353.52 3/04/2019 1/01/2019 004243 BLUE RIDGE TRAV #2018 500.00 500.00 4100-081040-3007-

500.00 500.00 3/04/2019 2/12/2019 000092 BONANZA RESTAUR 508540 176.62 176.62 4100-011010-5413-

176.62 176.62 3/04/2019 2/13/2019 004161 BREEDING, CRYST 02132019 270.00 270.00 4100-072030-3009-

270.00 270.00 3/04/2019 2/11/2019 002301 C HEALTH 02112019 75.00 75.00 4100-042400-5401-

75.00 75.00 • 3/04/2019 2/17/2019 003898 CARD SERVICES c 02172019 2 100.00 100.00 4100-022010-5401- 3/04/2019 2/07/2019 003898 CARD SERVICES c 02072019 1 2,487.48 2,487.48 4100-031020-5503-

2,587.48 2,587.48 • 3/04/2019 3/01/2019 003438 CASTLEWOOD WATE FEBRUARY 2019 2,462.44 2,462.44 4100-082010-8025-

2,462.44 2,462.44 3/04/2019 1/21/2019 003615 CHILDREN’S PLUS 164749 10 178.50 178.50 4100-073010-5411-

pogo 2/27/2019 A/P CASH REQUIREENTS PRE-LIT COMPIY 4-002 FUNDEEIOG passa DUE DATE DWV.DATE veNDoR wore class _cxoss aur NEP AMOUNT G/t AccoUNT Bot 3/04/2035 “i/23/2015 cozsis EA ORGERPRIS 62012 103-85 703-85 $i00-asiGa0-sero- ~~ 57o4/20i8 2/14/2013 oo26is Ae A ENTERPRIS €2255 32.80 98180 S100-03202008420- | — 3704/2023 1/25/2019 bo26i8 A & A ENTERERIS 652079 150185, 350"85 teo-oaicad-seie- 383.50 3sa’s0 + 3/o4/20a8 2/07/2019 092629 ADVANCED HATLIN 135759 233.84 233194 "a100-c12010-3005- 23384 233138 + s/osjzois 2/13/2019 00s96s aLsc0 umone72254 3.66 Sales s100-o720z0-a00e– 53166 53.66» 3/04/3028 1/24/2019 o0a7s¢ muazon astescess35e a0 pen S132 “anoo-ovgo1e-sere- = S/oe/zoa 3/24/2019 Doa7s< maaoN dabecsase7es io 1462139 qeaiss dleo-pragie-sale- > 3704/2039 1/15/2019 doa%se amazon eseea7a35673 ie e368 313 sloo-o7o1o-seit- >| 3/os/z0is 2/02/2019 Doa7se AMAZON aseceea7a86 io Peed 33443 dtoocovsoiesann) 2 5/04/2038 1/25/2018 0375s AMAZON ‘57745079936 ie 3 10- 2iid- 4i00-073010-ss11- => 3/04/2038 12/20/2018 Doa7s¢ aNazoN preateresty ie 61.38 613s oocorsoesans 2 T 3yoa/20i3 1/19/2019 003754 ANAZON Seserasraess 10 io’ss Gola Giee-eraoue-saat) > 3/04/2019 2/16/2019 casTss AMAZON teasseaseaee 30 23.99 22199 aioc-evseae-sea- > 3oa/zois 2/08/2019 003754 mazoN Sese39359667 20 eae isles Gioa-araoao-san- > 3yoayz0is 1/23/2019 003754 ANAION Saseasas7ase 30 ais 2197 aiosco7aaaa-saaa > 3/os/20is 1/23/2019 co37se mazar 949693698788 30 25198 26.98 siooovaou0csain. > 3/04/2019 2/08/2019 002752 APPALACHIAN GRA 5575 20 242/00 242100 “a1o0-o7s01e-se13- =~ 242.00 2eaio9 + 3/oa/z0is 2/1$/2029 coaass xt eT caisa019 prseed 45.28 4100-092050-5203-- = 37oay2019 2/18/2019 cocass AE EE o21s2013 35:32 2632 Sioecoaz0socsa03- > 3/04/2019 1/08/2019 003103 AUTO WOTTON sux 15002 20100, 4000 “a100-ss2020-5a00- ~~ 5/08/2018 2/05/2018 03103 AUTO NOTION SER 15484 56.00 $6.00 s200-03i020-sa08- > 3/04/2019 1/25/2019 903103 AUTO MOTTON SER 15403 Pritts 7s8i3 tloo-aioao-sans) >> 694.03 830.3 © 3/04/2038 1/22/2019 oo19s6 BAKER AND TAYLO 5015343770 ao fee Yella “«00-o7s010-se11- =~ 5/04/2023 1/22/2019 ooiss¢ BARER AND TAYLO 5015343771 io iets della Goo-erseressast- 2 27oay20a3 1/22/2019 oo1gse BAKER AND TAYLO $015343772 20 215/16 Hoolosseo-sarz- 2 5/04/2019 1/26/2019 Do19s§ Damen AND TAYLO £015352122 is ae.27 daono7sozecsaai- = 57oa/20i3 1/26/2019 o01ss¢ BAKER AND TAYLO S0Lsas2123, 1 yaiiae Gloo-orsoue-sait- >= 3/04/2038 1/25/2019 voisss BAKER AND TAYLO 5015354303 Fy 27.3 sige-a7sprosaii~ 5/04/2028 1/25/2019 Doisss SaKeR AND TaYLO Sozsssasz0 ie a3el39 Hog-avanie-saaz- > 3/04/2033 2/12/2019 001956 RARER AND TAYLO SOLS369218, 20 26.21 4iao-o7soa0-sail- => 3/os/208 2/31/2019 Dias SaRER AND TAYLO sozs3e9215, 2 32157 Gaoaevsoresasr 3/ac/20as 2/31/2019 doisss BaReR AND TAYLO SOLsz69z16 2 120/91 Gac-o7s010-seaa- 4370472018 2/32/2019 boisse BAKER AND TAYLO 6035369237 20 ‘37/80 aioa-a7soae-saaa- = 3,388.52 52+ 3/00/2028 1/01/2029 oo4aea BLITZ RIDGE TRAY 42018 500-00, ¢ “4200-pei040-3007- - 500109, ca 3/04/2018 2/12/2019 000082 BOXRNZA RESTAIR 508540 76.62 G2 “4ao0-o11ev0-saia- =~ 96162 2+ 3/04/2019 2/13/2019 a04162 BREEDING, CRYST 02152019 210.00 89 “200-072030-3009- 370-00, 00 + 3/04/2019 2/11/2019 007301 © RERLTH vanize19 76.00 89 4100-o42400-5401- = 5/04/2039 2/17/2019 ooaasa cago seuvEces ¢ 02172019 2 200"00, 50 ¢100-aa2020-sg0z- =~ 5704/2019 2/07/2019 Senase Caan SERVICES ¢ 02072019 i 2,407.38 ae fogcosiea0-ss03- | 2ise7.aa ae 3/06/2039 3/01/2019 003438 CASTEENOOD WATE FEBRUARY 2019 Braga ee 44 “sloo-ceace-sozs- =~ Baca vas Biel +

3/o4/20ns 4/21/2019 ooaeis CHILDREN’S PLUS 264749 10 178.80 Bvelse “s1oo-o73010-seaa- =

AP060 2/27/2019 A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001 FUND#4100 PAGE 2

DUE DATE INV.DATE VENDOR INVOICE CLASS GROSS AMT. NET AMOUNT G/L ACCOUNT P.O.# 3/04/2019 1/30/2019 003615 CHILDREN’S PLUS 165203 10 159.92 159.92 4100-073010-5411-

338.42 338.42 3/04/2019 1/31/2019 004450 CINTAS CORPORAT 4015917663 68.19 68.19 4100-043020-3008- 3/04/2019 1/31/2019 004450 CINTAS CO RPO RAT 4015917724 48. 0 0 48.00 4100-043020-3008- 3/04/2019 1/31/2019 004450 CINTAS CORPORAT 4015917766 240.54 240.54 4100-043020-3008- 3/04/2019 1/31/2019 004450 CINTAS CORPORAT 4015917770 162.14 162.14 4100-043020-3008- 3/04/2019 1/31/2019 004450 CINTAS CORPORAT 4015917787 62.00 62.00 4100-043020-3008- 3/04/2019 2/04/2019 004450 CINTAS CORPORAT 4016041078 16.20 16.20 4100-043020-3008- 3/04/2019 2/07/2019 004450 CINTAS CO RPO RAT 4016295892 68.19 68.19 4100-043020-3008- 3/04/2019 2/07/2019 004450 CINTAS CO RPO RAT 4016295894 48.00 48.00 4100-043020-3008- 3/04/2019 2/07/2019 004450 CINTAS CORPORAT 4016295907 240.54 240.54 4100-043020-3008- 3/04/2019 2/07/2019 004450 CINTAS CORPORAT 4016295921 162 .14 162 .14 4100-043020-3008- 3/04/2019 2/07/2019 004450 CINTAS CORPORAT 4016295942 62.00 62.00 4100-043020-3008- 3/04/2019 2/11/2019 004450 CINTAS CORPORAT 4016403412 16 .20 16. 2 0 4100-043020-3008- 3/04/2019 2/14/2019 004450 CINTAS CORPORAT 4016650263 68.19 68.19 4100-043020-3008- 3/04/2019 2/14/2019 004450 CINTAS CORPORAT 4016650294 48. 0 0 48. 0 0 4100-043020-3008- 3/04/2019 2/14/2019 004450 CINTAS CORPORAT 4016650295 240.54 240.54 4100-043020-3008- 3/04/2019 2/14/2019 004450 CINTAS CORPORAT 4016650313 156. 67 156. 67 4100-043020-3008- 3/04/2019 2/14/2019 004450 CINTAS CORPORAT 4016650327 162.14 162.14 4100-043020-3008- 3/04/2019 2/21/2019 004450 CINTAS CORPORAT 12239467 48.00 48.00 4100-043020-3008- 3/04/2019 2/18/2019 004450 CINTAS CO RPO RAT 401600775 16.20 16.20 4100-043020-3008- 3/04/2019 2/21/2019 004450 CINTAS CORPORAT 4017059969 68 .19 68 .19 4100-043020-3008- 3/04/2019 2/21/2019 004450 CINTAS CORPORAT 4017059984 128.11 128.11 4100-043020-3008- 3/04/2019 2/21/2019 004450 CINTAS CORPORAT 4017059985 162.14 162.14 4l00-043020-3008- 3/04/2019 2/21/2019 004450 CINTAS CORPORAT 4017059997 240.54 240.54 4l00-043020-3008- 3/04/2019 2/25/2019 004450 CINTAS CORPORAT 4017179820 16.20 16 .20 4100-043020-3008-

2,549.06 2,549 . 06 3/04/2019 11/30/2018 004385 CIVICPLUS 177836 7,915.43 7,915 .43 4100-012010-5414-

7,915.43 7’ 915 .43 • 3/04/2019 2/14/2019 004452 CRYSTAL SPRINGS 16981298021419 29.74 29 .74 4100-013010-5401- 3/04/2019 2/14/2019 004452 CRYSTAL SPRINGS 16981300021419 53.16 53 .16 4100-021020-5401- 3/04/2019 2/14/2019 004452 CRYSTAL SPRINGS 16981452021419 41.27 41. 27 4100-012090-5401- 3/04/2019 2/14/2019 004452 CRYSTAL SPRINGS 16981785021419 35 .27 35.27 4100-021010-5401- 3/04/2019 2/14/2019 004452 CRYSTAL SPRINGS 16983012021419 43. 47 43 .47 4100-032050-7002-

202.91 202.91 • 3/04/2019 2/16/2019 000171 CUMBERLA."l’D PLAT 131 58,088.47 58,088.47 4100-042010-3002-

58,088.47 58, 088 .47 3/04/2019 2/04/2019 003403 DAVIS KLAY 913664 20.00 20.00 4100-022010-5401-

20.00 20.00 • 3/04/2019 1/14/2019 000193 DISCOUl:IT TIRE c 5600 5.00 5.00 4100-031020-5408-

5.00 5.00 3/04/2019 1/29/2019 000198 DOMINION OFFICE 103880 11. 25 11.25 4100-012010-5401- 3/04/2019 1/29/2019 000198 DOMINION OFFICE 103881 1.86 1.86 4100-021060-5401- 3/04/2019 1/29/2019 000198 DOMINION OFFICE 103887 33. 67 33.67 4100-035050-5401- 3/04/2019 1/29/2019 000198 DOMINION OFFICE 103954. 259.96 259.96 4100-021060-5401- 3/04/2019 2/06/2019 000198 DOMINION OFFICE 104142 158.90 158.90 4100-012010-5401~

3/04/2019 2/05/2019 000198 DOMINION OFFICE 104143 160.98 160.98 4100-042400-5414- 3/04/2019 2/07/2019 000198 DOMINION OFFICE 104275 83 .49 83.49 4100-012010-5401- 3/04/2019 2/12/2019 000198 DOMINION OFFICE 104427 8.97 8.97 4100-072010-5407- 3/04/2019 2/13/2019 000198 DOMINION OFFICE 104482 39.99 39.99 4100-034010-5401- 3/04/2019 1/15/2019 000198 DOMINION OFFICE 103324 '° 29.18 29.18 4100-073010-5401- 3/0~/2019 2/05/2019 000198 DOMI:NION OFFICE 104132 10 67.98 67.98 4100-073010-5401- 3/04/2019 2/12/2019 000198 DOMINION OFFICE 104430 10 36.60 3 6. 60 4100-073010-5401- 3/04/2019 1/08/2019 000198 DOMINION OFFICE 103005 25 .20 25.20 4100-012130-5401- 3/04/2019 1/08/2019 000198 DOMINION OFFICE 103113 42.12 42 .12 4100-012130-5401-

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AP060 2/27/2019 A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001 FUND#4100 PAGE 3

DUE DATE INV.DATE VENDOR INVOICE CLASS GROSS AMT. NET AMOUNT GLL ACCOUNT P.O.# 3/04/2019 1/15/2019 000198 DOMINION OFFICE 103318 11.79 11.79 4100-012130-5401- 3/04/2019 1/22/2019 000198 DOMINION OFFICE 103611 84.90 84.90 4100-022010-5401- 3/04/2019 1/29/2019 000198 DOMINION OFFICE 103883 25.50 25 .50 4100-013020-5401- 3/04/2019 1/29/2019 000198 DOMINION OFFICE 103886 122.55 122.55 4100-012130-5401- 3/04/2019 1/29/2019 000198 DOMINION OFFICE 103890 70.17 70 .17 4100-022010-5401- 3/04/2019 2/01/2019 000198 DOMINION OFFICE 104044 39.90 39.90 4100-022010-5401- 3/04/2019 2/05/2019 000198 DOMINION OFFICE 104137 79.74 79. 74 4100-012130-5401- 3/04/2019 2/07/2019 000198 DOMINION OFFICE 104274 216.99 216.99 4100-012090-5401- 3/04/2019 2/12/2019 000198 DOMINION OFFICE 104426 26.90 26.90 4100-043020-3008- 3/04/2019 2/15/2019 000198 DOMINION OFFICE 10~588 93.48 93. 48 4100-032050-5401- 3/04/2019 2/15/2019 000198 DOMINION OFFICE 104596 1,397.92 1,397.92 4100-012010-5401- 3/04/2019 2/19/2019 000198 DOMINION OFFICE 104659 20 .15 20.15 4100-032050-5401- 3/04/2019 2/19/2019 000198 DOMINION OFFICE 104670 59.04 59.04 4100-022010-5401- 3/04/2019 2/20/2019 000198 DOMINION OFFICE 104672 899.99 899.99 4100-012300-7002- 3/04/2019 2/19/2019 000198 DOMINION OFFICE 104673 34.99 34.99 4100-021010-5401- 3/04/2019 2/19/2019 000198 DOMINION OFFICE 104674 29.75 29. 75 4100-021020-5401- 3/04/2019 2/22/2019 000198 DOMINION OFFICE 104907 33.20 33 .20 4100-021060-5401- 3/04/2019 1/07/2019 000198 DOMINION OFFICE 103023 12.73 12. 73 4100-031020-5401- 3/04/2019 1/25/2019 000198 DOMINION OFFICE 103813 408.00 408.00 4100-031020-5401- 3/04/2019 1/29/2019 000198 DOMINION OFFICE 103884 75.92 75. 92 4100-031020-5401- 3/04/2019 1/28/2019 000198 DOMINION OFFICE 103909 3.60 3. 60 4100-031020-5401- 3/04/2019 1/30/2019 000198 DOJV.iINION OFFICE 104011 35 .11 35 .11 4100-031020-5401- 3/04/2019 1/31/2019 000198 DOMINION OFFICE 104012 22 . 55 22 . 55 4100-031020-5401- 3/04/2019 2/01/2019 000198 DOMINION OFFICE 104045 59.99 59.99 4100-031020-5401- 3/04/2019 1/31/2019 000198 DOMINION OFFICE 104053 44.46 44.46 4100-031020-5401- 3/04/2019 1/31/2019 000198 DOMINION OFFICE 104078 23.99 23.99 4100-031020-5401- 3/04/2019 2/01/2019 000198 DOMINION OFFICE 104087 211.99 211.99 4100-031020-5401-

5,105.85 5,105.85 3/04/2019 1/31/2019 003938 DRAPER ADEN ASS 2019010377 2,078.50 2,078.50 4100-042010-3090-

2,078.50 2,078.50 3/04/2019 2/26/2019 004559 ERVIN, KAYLIN 03012019 200.00 200.00 ~100-012010-1003-

200.00 200.00 3/04/2019 2/19/2019 000224 FEDERAL EXPRESS 6-465-68767 37.62 37.62 4100-012090-5401-

37.62 37.62 • 3/04/2019 12/29/2018 004562 FRAl."!K KILGORE, 02152019 3,469.75 3,469.75 4100-011010-3002-

3,469.75 3,469.75 3/04/2019 2/04/2019 004569 FULLER, A. KEMP 02042019 5.00 5.00 4100-011010-5501-

5.00 5.00 3/04/2019 2/08/2019 003704 GALETON 2471431 380.05 380.05 4100-042400-5414-

380.05 380.05 3/04/2019 12/17/2019 000854 GALL’S, LLC 11528524 50. 0 0 50.00 4100-031020-5409- 3/04/2019 1/08/2019 000854 GALL’S, LLC 11673305 117.00 117.00 4100-031020-5409- 3/04/2019 1/10/2019 000854 GALL’S, LLC 11698909 45.00- 45.00- 4100-031020-5409- 3/04/2019 1/14/2019 000854 GALL’S, LLC 11720222 86.00 86.00 4100-031020-5409- 3/04/2019 1/15/2019 000854 GALL’S, LLC 11731309 85.00 85.00 4100-031020-5409- 3/04/2019 1/16/2019 000854 GALL’S, LLC 11745262 75.95 75.95 4100-031020-5409- 3/04/2019 1/23/2019 000854 GALL’S, LLC 11798978 45.00 45. 00 4100-031020-5409- 3/04/2019 1/29/2019 000854 GALL’S, LLC 11848651 25.00 25. 0 0 4100-031020-5409- 3/04/2019 1/30/2019 000854 GALL’S, LLC 11854873 13 8. o o 13 8. 0 0 4100-031020-5409-

576.95 576.95 3/04/2019 2/08/2019 003676 GENTRY LOCKE AT 262041 10,404.90 10,404.90 4100-011010-3002-

10,404.90 10,404.90 3/04/2019 2/13/2019 004418 GILMER, ELLEN 02132019 45. 0 0 45.00 4100-072030-3009-

00 45.00 3/04/2019 2/18/2019 001862 GREAT AMER I CA L 24281739 263.22 263.22 4100-012100-3006-

263.22 263.22 •

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DUB DATE _iwv.ove vexcor povorce uns __oR08s nue. NET ANOUNE g/t, ACCOUNT 20.t 3/0ajz0is “1/18/2013 D001s0 DOMINION GFFICE i033: 78 Tvs ¢eseousis0-sa0.- == 3/04/2018 1/22/2019 conse bournro OFFICE 103612 ae 90 6190 aoe-easeze-sani- == 3/04/2019 1/28/2019 oo0isa Dourwros oFFice 103683 35.50 2e10 eia-eisezosaoi- = 3/oa/z0is 1/25/2019 cooase pourwion orice 10300 ana lss adaiss Gog-oiaaae-sinn) 2 57oa/20is 1/28/2019 cociss powinron oFrrce 103830 70139 75117 axoq-aazen0-saoi- 3/oa/201s 2/02/2019 cooise poururoN OFFrce 1040e4 33.30 35150 ica-eaaorn-sani- 3roay201s 2/08/3019 coaise sowintow oFFice 104137 pars 7eaa Giognauauso-saet- || 5/04/2018 2/07/2019 cooisa pourwron oFrice 104274 216.33 216,58 Sio0-c1z030-sant- == 3yoa/z0i9 2/12/2019 oaai9a boutuson opPies 106476 26130 ‘26130 4u00-easoa0-soe- 3/04/2019 2/15/2019 ooaise bowtnron OPFice 1o<see 53148 53.48 aioo-oazas-son- 3yoa/20is 2/15/2019 ooaisa nostro oFFrcE 104596 2397192 aagrise soo-oige10-s40a- | 3704/2038 2/19/2019 soos bonzuron OPPicE Losese 20-15 ‘Boles auep-onges0-scoa- > 3/04/2029 2/19/2019 ogo1ss poumzoN OFFICE 104670 55.08 $3.04 sioe-oazoig-saca- = 37ae/2038 2/20/2019 990189 bowiuion OFFicz 104672 299199 aagis éioo-pias00-7002- | 5/04/2033 2/19/2013 000188 DommwioN oFFics 103673 34138 34193 gLoo-oauozo-sean” > 3yoej203 2/39/2019 0p0190 Dowmazon oFFicE LoGeTa 23.78 23173 Aloa-ozunao-sazs SL 3/04/2038 2/22/2018 Do01se oowzion oFFice 103807 33:20, Jala duec-caucen-saci) = 37os/2013 1/07/2019 vooise oomiwiox OFFrcE 103023 Frey 32133 aaoocossozo-sann. 27 3/04/2013 1/25/2018 000188 DOMINION OFFICE 103813 405.00, agdlag tioo-oszozo-saba- || 3/oa/2033 1/29/2019 000198 DounvioN OFFzce 203568 95.82 78192 ea00-asioz0-sa01- = 3700/3013 1/20/2019 oooise DourwioN OEFiCE 103909 3160 260 dloo-oazogo-sacn- 21 3/04/2028 1/30/2033 ccoise powinion oprice i0e02i asa agli Gec-easoae-sao 3/04/2019 1/31/2029 cools pommwroN oPFice 104012 22.35 23195 siea-csaoz0-sar- > 3yoayao19 2/03/2029 O00298 HowiNioN OFFICE 204045 59.33 53 aigc-asaoae-sani- 3/08/2018 1/31/2013 coais8 poururoN oPrice 104053 $666 4 aico-asigz0-sacz- > 3/oa/z0is 1/31/2023 cooise Douro orice 104078 23139 58 Sioo-caioae-saoa- 3/08/2038 2/01/2019 ooaass DoMINTON OFFICE 104087 21’s 59 aueo-osioas-saoa- 5,105.88 a5 + 2/oa/z01s 1/32/2019 003930 DRAFER ADEN ass 2019020377 2/078 50 50 "4100-pazoi0-a080- =~ 3/04/2019 2/26/2019 004559 ERVIN, KAYLIN 03012019, 200.00 200100 st00-o12010-1002- =~ 3/04/2018 2/19/2018 oo0a2s FEDERAL SMPRESS 6-465~68767 37.62 S7ie2 sz0c-ozese-san- =~ ees area 3/04/2039 12/29/2018 004562 FRANK KELGORE, 02152019 3,469.75, 2,485178 “4no0-o2ter0-3002- == 31kea 35 316335 « 3/o4s2013 2/04/2019 o0ases FULLER, A. KEMP oz04z019 ped 3160 “eico-oaae20-ss01- =~ 3/04/2018 2/06/2019 003704 caLEToN aera 380.05 95 ¢100-aa2eoo-saae- =~ 3/04/2019 12/17/2019 oo0Rs4 caLL’S, 1c -aasa95a4 30.00 Be 4200-easez0-seoa- = 3/04/2018 1/08/2029 coves GALL’s, Luc 12673808 aires bo aioo-caioz0-seag- > 3yeay2019 1/20/2029 Ooossa at’s, ine dagsas0s ‘a5 00- ’o- auoo-oazoge-se03- = 3/08/2013 1/14/2033 covese GAuL’s, Luc 11720222 06:00 00 4io0-oan020-sqaa- = 3/oas2o1g 1/35/2019 ooogse gui’s, tLe © 11731303 25.00, (80 4100-0ai020-se09- = 3/04/2018 1/16/2033 coves GALL’s, Luc Li74s262 35.95 Ds 42o0-osn0g0-se09- = 3/oajzis 1/23/2029 oovasa GALL’S, Luc 11798976 35100, 80 4200-031020-seos- = 3/oas2019 1/28/2019 dooasa Gativs, Luc tracasst loo 80 f4in0-0ais20-se0s- = 3/oa/20i8 1/30/2019 oovass GALL’S, tne 14858873 338-00, fo 4200-031020-se05- 3/04/2019 2/08/2019 003876 GENTRY LOCKE AT 262041 20,406.90 38 4n00-022020-3002- =~ 30,404.50 30 + 3/04/2029 2/19/2019 Deaais GTUNER, BLLEH 02122019 45.00 88 “e1o0-cv2030-2009- = 3/04/2028 2/10/2019 ooia62 GREAT AMERICA 1 24281739 263.22 22 “4100-o12100-s006- ~~

AP060 2/27/2019 A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001 FUND#4100 PAGE 4

DUE DATE INV.DATE VENDOR INVOICE CLASS GROSS AMT. NET AMOUNT G/L ACCOUNT P.O.# 3/04/2019 1/31/2019 004547 GUERNSEY I:l:<"V-1476483 43 .39 43.39 4100-021020-5401-

43.39 43.39 3/04/2019 2/1-3/2019 004163 HAMILTON, AMY 02132019 390.00 390.00 4100-072030-3009-

390.00 390.00 3/04/2019 2/21/2019 003866 INNOVATIVE TECH 1867 150.00 150.00 4100-072010-5407- 3/04/2019 2/21/2019 003866 INNOVATIVE TECH 1875 3,060.00 3,060.00 4100-012300-3002- 3/04/2019 2/21/2019 003866 INNOVATIVE TECH 1883 2 84. 0 0 284.00 4100-021020-5401- 3/04/2019 2/21/2019 003866 INNOVATIVE TECE 1894 300.00 300.00 4100-021010-5401- 3/04/2019 2/21/2019 003866 IJ:rnOVATIVE TECH 1896 150.00 150.00 4100-013020-5401- 3/04/2019 1/25/2019 003866 INNOVATIVE TECH 1833 225.00 225.00 4100-031020-3005-

4,169.00 4,169.00 • 3/04/2019 1/29/2019 000353 KEGLEY SERVICE 12854 869.73 869.73 4100-031020-5408- 3/04/2019 12/30/2018 000353 KEGLEY SERVICE 32614 300.00 300.00 4100-031020-5408- 3/04/2019 1/07/2019 000353 KEGLEY SERVICE 32634 470.60 470.60 4100-031020-5408- 3/04/2019 1/07/2019 000353 KEGLEY SERVICE 32640 15.00 15.00 4100-031020-5408- 3/04/2019 1/10/2019 000353 KEGLEY SERVICE 33553 so. 00 8 0. 0 0 4100-031020-5408- 3/04/2019 1/15/2019 000353 KEGLEY SERVICE 33561 499.24 499.24 4100-031020-5408- 3/04/2019 1/29/2019 000353 KEGLEY SERVICE 34557 16.00 16. 0 0 4100-031020-5408- 3/04/2019 2/13/2019 000353 KEGLEY SERVICE 34599 60. 00 60. 0 0 4100-031020-5408-

2,310.57 2,310.57 3/04/2019 3/l 7 /2019 004546 LEAF 9207355 95.52 95.52 4100-073010-3002-

95.52 95.52 3/04/2019 1/16/2019 000367 LEBANON BLOCK & 293264 10 52.53 52.53 4100-073010-5413- 3/04/2019 1/29/2019 000367 LEBANON BLOCK & 095025 13.49 13.49 4100-094010-7056- 3/04/2019 1/03/2019 000367 LEBANON BLOCK & 291532 63.42 63 .42 4100-094010-7056- 3/04/2019 1/03/2019 000367 LEBANON BLOCK & 291602 5.37 5.37 4100-043020-5407- 3/04/2019 1/09/2019 000367 LEBANON BLOCK & 292375 9.80 9.80 4100-043020-5407- 3/04/2019 1/11/2019 000367 LEBANON BLOCK & 292676 32.99 32.99 4100-043020-5407- 3/04/2019 1/11/2019 000367 LEBANON BLOCK & 292776 17.91 17.91 4100-022010-5415- 3/04/2019 1/14/2019 000367 LE BAK ON BLOCK & 292919 10.25 10. 25 4100-043020-5407- 3/04/2019 1/14/2019 000367 LEBANON BLOCK & 293051 9.78 9.78 4100-043020-5407- 3/04/2019 1/15/2019 000367 LEBANON BLOCK & 293089 79.96 79.96 4100-043020-5407- 3/04/2019 1/15/2019 000367 LEBANON BLOCK & 293139 49.94 49.94 4100-043020-5407- 3/04/2019 1/16/203.9 000367 LEBANON BLOCK & 293385 62.51 62.51 4100-094010-7056- 3/04/2019 1/17/2019 000367 LEBANON BLOCK & 293507 2 0. 3 0 20.30 4100-043020-5407- 3/04/2019 1/19/2019 000367 LEBANON 3LOCK & 293836 334.11 334.11 4100-094010-7056- 3/04/2019 1/22/2019 000367 LEBA.l\l’ON BLOCK & 294013 29 .39 29 .39 4100-035010-5405- 3/04/2019 1/22/2019 000367 LEBA…“'10N BLOCK & 294038 21.18 21.18 4100-071040-5407- 3/04/2019 1/22/2019 000367 LEBANON BLOCK & 294132 21. 55 21.55 4100-043020-5407- 3/04/2019 1/23/2019 000367 LEBANON BLOCK & 294197 6.11 6.11 4100-043020-5407- 3/04/2019 1/23/2019 000367 LEBANON BLOCK & 294236 15. 95 l5 . 95 4100-094010-7056- 3/04/2019 1/24/2019 000367 LEBANON BLOCK & 2 94412 51.98 51. 98 4100-043020-5407- 3/04/2019 1/24/2019 000367 LEBANON BLOCK & 294425 3.29 3.29 4100-035010-5405- 3/04/2019 1/24/2019 000367 LEBANON BLOCK & 294504 16.00 16.00 4100-094010-7056- 3/04/2019 1/28/2019 000367 LEBANON BLOCK & 294782 25.99 25.99 4100-043020-5407- 3/04/2019 1/28/2019 000367 LEBANON BLOCK & 294858 4.79 4.79 4100-043020-5407- 3/04/2019 1/28/2019 000367 LEBANON BLOCK & 294953. 15 .11 15 .11 4100-094010-7056- 3/04/2019 1/29/2019 000367 LEBANON BLOCK & 295072 408.09 408.09 4100-094010-7056- 3/04/2019 1/30/2019 000367 LEBANON BLOCK & 295128 2.55 2.55 4100-043020-5407- 3/04/2019 1/30/2019 000367 LEBANON BLOCK & 295143 59.09 59.09 4100-094010-7056- 3/04/2019 1/30/2019 000367 LEBANON BLOCK & 295170 3.00 3.00 4100-042400-5407- 3/04/2019 1/31/2019 000367 LEBA…”'10N BLOCK & 295231 26. 33 26.33 4100-094010-7056- 3/04/2019 1/31/2019 000367 LEBANON BLOCK & 295280 74.45 74.45 4100-094010-7056- 3/04/2019 1/04/2019 000367 LEBANON BLOCK & 291808 26.04 26. 04 4100-031020-5409- 3/04/2019 1/18/2019 000367 LEBANON BLOCK & 293635 35.00 35. 0 0 4100-031020-5409-

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AP060 2/27/2019 A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001 FUND#4100 PAGE 5

DUE DATE INV.DATE VENDOR INVOICE CLASS GROSS AMT. NET AMOUNT G/L ACCOUNT P.O.# 3/04/2019 1/23/2019 000367 LEBANON BLOCK & 294216 16 .20 16 .20 4100-031020-5409- 3/04/2019 1/23/2019 000367 LEBANON BLOCK & 294224 2.80 2.80 4100-031020-5409-

1,627.25 1,627.25 3/04/2019 1/10/2019 004051 LEONARD AUTOMOT 01102019 175.00 175.00 4100-031020-5408-

175.00 175.00 • 3/04/2019 1/07/2019 004083 LESTER, LONZO REIMB. 82.76 82.76 4100-011010-5504- 3/04/2019 1/07/2019 004083 LESTER, LONZO REIMB. 144.43 144.43 4100-011010-5504-

227.19 227.19 • 3/04/2019 1/25/2019 003374 MCJV’.lASTER- CARR s 84892405 30.96 30.96 4100-043020-5407-

30.96 30.96 • 3/04/2019 2/01/2019 000428 MIKE’S COMPUTER 34409 69.95 69.95 4100-031020-5409- 3/04/2019 2/14/2019 000428 MIKE’S COMPUTER 34416 51.80 51.80 4100-031020-5409-

121.75 121. 75 3/04/2019 2/12/2019 004145 MILLER, CYNTHIA 02122019 210.00 210.00 4100-072030-3009-

210.00 210.00 3/04/2019 2/13/2019 004144 MONK, BARBARA J 02132019 615.00 615.00 4100-072030-3009-

615.00 6l5 . 00 3/04/2019 1/29/2019 001284 NORTHERN SAFETY 903304373 147.63 147.63 4100-031020-5409-

147.63 147.63 3/04/2019 1/12/2019 003123 O’REILLY AUTO p 1943-262406 14. 99 14.99 4100-031020-5408- 3/04/2019 1/12/2019 003123 O’REILLY AUTO p 1943-282405 14. 99 14. 99 4100-031020-5408- 3/04/2019 1/17/2019 003123 O’REILLY AUTO p 1943-283052 1.63 1.63 4100-031020-5408- 3/04/2019 1/17 /2019 003123 O’REILLY AUTO p 1943-283060 37 .28 37.28 4100-031020-5408- 3/04/2019 1/21/2019 003123 O’REILLY AUTO p 1943-2833509 22.86 22.86 4100-031020-5408- 3/04/2019 1/19/2019 003123 O’REILLY AUTO p 1943-283447 15.99 15.99 4100-031020-5408- 3/04/2019 1/28/2019 003123 O’REILLY AUTO p 1943-284603 122.52 122.52 4100-031020-5408- 3/04/2019 1/30/2019 003123 O’REILLY AUTO p 1943-284711 82 .12 82 .12 4100-031020-5408- 3/04/2019 1/29/2019 003123 O’REILLY AUTO p 1943-284745 8.98 8.98 4100-031020-5408- 3/04/2019 1/30/2019 003123 O’REILLY AUTO p 1943-284798 59 .56 59.56 4100-031020-5408- 3/04/2019 1/31/2019 003123 O’REILLY AUTO p 1943-284989 44.45 44 .45 4100-031020-5408- 3/04/2019 2/18/2019 003123 O’REILLY AUTO p 1943-287783 7.08 7.08 4100-031020-5408-

432.45 432.45 • 3/04/2019 1/25/2019 004473 PRO-VISION 319066 517.51 517.51 4100-031020-5409-

517.51 517.51 3/04/2019 2/19/2019 004571 R.E. MICHEL COM 68703500 3,548.28 3,548.28 4100-043020-3004-

3,548.28 3,548.28 3/04/2019 2/20/2019 000548 RHEA MICKEY REIMB 35.10 35.10 4100-034010-5203-

35.10 35.10 3/04/2019 1/17/2019 002812 RICOH AMERICAS 1079556853 lO 294.05 294.05 4100-073010-3002- 3/04/2019 1/21/2019 002812 RICOH AMERICAS 5055688401 lO 48.17 48.17 4100-073010-3002-

342.22 342.22 3/04/2019 1/31/2019 004564 ROBINETTE, CHE 01312019 1,111.00 1,111.00 4100-022010-5415- 3/04/2019 12/31/2018 004564 ROBINETTE, CHE 12312018 1,111.00 1,111.00 4100-022010-5415-

2,222.00 2,222.00 • 3/04/2019 2/15/2019 003933 ROGERS GROUP, I 0111012468 81.25 81.25 4100-042400-5413-

81.25 81.25 3/04/2019 3/04/2019 000574 RUSSELL COUNTY REIMB. 2,373.00 2,373.00 4100~043020-3009-

2,373.00 2,373.00 3/04/2019 3/04/2019 001222 RUSSELL COUNTY BA…~ DUES. 250.00 250.00 4100-022010-5401-

250.00 250.00 3/04/2019 2/22/2019 000663 RUSSELL COUNTY BOSS22219 370.82 370.82 4100-095010-9130- 3/04/2019 3/01/2019 000663 RUSSELL COUNTY MAR-19 1 31,859.99 31,859.99 4100-095010-9130-

32,230.81 32,230.81 • 3/04/2019 1/07/2019 003554 S.E.P.T .I .C. IN 39954 125. 00 125.00 4100-094010-7056- 3/04/2019 2/05/2019 003554 S.E.P.T.I.C. IN 4002 0 66.20 66 - 2 0 4100-094010-7056-

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AP060 2/27/2019 A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001 FUND#4100

DUE DATE 3/04/2019

3/04/2019 3/04/2019

3/04/2019

3/04/2019 3/04/2019

3/04/2019

3/04/2019 3/04/2019

3/04/2019

3/04/2019 3/04/2019 3/04/2019

3/04/2019

3/04/2019 3/04/2019 3/04/2019 3/04/2019

3/04/2019 3/04/2019

3/04/2019 3/04/2019 3/04/2019 3/04/2019 3/04/2019

3/04/2019 3/04/2019

INV.DATE VENDOR ~

1/14/2019 003554 S.E.P T.I.C. IN 40107

1/30/2019 000594 SAM’S CLUB/GECR 576 2/11/2019 000594 SAM’S CLUB/GECR 886

2/04/2019 000601 SECURITY ELECTR 13275

2/22/2019 003380 SHENTEL 02222019

2/13/2019 004572 SHOOT A WAY, IN 24891K

2/12/2019 004146 SHORT KIM 2/12/2019 004146 SHORT KIM

1/17/2019 004555 SHOWCASES

02122019 02122019

310147

2/25/2019 001700 SOUTHWEST VA VE 116343

1/28/2019 004268 STANDARD PRINTI 071739 2/19/2019 004268 STANDA.~D PRINTI 071824

2/01/2019 004491 STRATEGIC SOLUT 3219680

2/04/2019 001817 SUPPLYWORKS 2/25/2019 001817 SUPPLYWORKS 2/25/2019 001817 SUPPLYWORKS

476311410 479593139 479593147

2/08/2019 004121 TELE-OPTICS COM 0068117-IN

1/09/2019 000366 THE LEBANON NEW 130110 1/09/2019 000366 THE LEBANON NEW 130111 1/30/2019 000366 THE LEBANON NEW 130350 2/14/2019 000366 THE LEBANON NEW LIBRARY RENEWAL

1/15/2019 000384 THE LIBRARY COR 2019040034 1/15/2019 000384 THE LIBRARY COR 2019040096

2/14/2019 000977 TOP LINE ADVERT 7355 2/14/2019 000977 TOP LINE ADVERT 7356 2/14/2019 000977 TOP LINE ADVERT 7357 2/14/2019 000977 TOP LINE ADVERT 7358 2/14/2019 000977 TOP LINE ADVERT 7359

2/06/2019 001223 TREASURER OF VI 19-167C-RMS-2 2/15/2019 001223 TREASURER OF VI 19-C3080-VPN

3/04/2019 11/10/2018 002133 TREASURER OF VI 11102018

3/04/2019 2/22/2019 004148 TREASURER OP VI 02222019

3/04/2019 1/16/2019 000700 TRI CITY BUSINE AR9901

3/04/20 9 1/30/2019 000706 TWO WAY RADIO I 26227 3/04/20 9 3/15/1972 000706 TWO WAY RADIO I 31572 3/04/20 9 12/03/2018 000706 TWO WAY RADIO I 32133

CLASS ~~~G~R~o7s7S7AMT"7~· 100.00 291.20

1 1

10 10

76.74 374.73 451.47 190.00 190.00

99.31 99. 31

6,635.00 6,635.00

412.64 67.66

480.30 14. 03 14. 03

5,568.46 5,568.46

940.00 179.00

1,119.00 55.00 55. 00

405.11 341.91 292.90

1,039.92 650.00 650.00 29.43 40.13 32.10 2 9. 0 0

130.66 917.00

6,042.00 6,959.00

150.00 120. 00

85.00 120.00 181.00 656.00

3,625.00 168.00

3,793.00 20.00 20.00 50.00 50.00

175.24 175.24 457.00

5 0 67.50

NET AMOUNT G/L ACCOUNT 100.00 4100-094010-7056- 291.20

76.74 4100-031020-5409- 374.73 4100-032050-5401- 451.47 190.00 4100-094010-7056- 190.00

99.31 4100-035050-5413- 99. 31

6,635.00 4100-094010-7056- 6,635.00 *

412.64 4100-011010-5504- 67.66 4100-011010-5504-

480.30 14.03 4100-073010-5401- 14. 03 *

5,568.46 4100-035010-5404- 5,568.46

940.00 4100-012100-3002- 179.00 4100-021060-5401-

1,119.00 * 55.00 4100-073010-3002- 55. 00

405.11 4100-043020-5405- 341.91 4100-043020-5405- 292.90 4100-043020-5405-

1,039.92 650.00 650.00

29 .43 40 .13 32.10 2 9. 0 0

13 0. 6 6 917.00

6,042.00 6,959.00

150.00 120. 00

85.00 120.00 181.00 656.00

3,625.00 168.00

3,793.00 20.00 20.00

4100-094010-7056-

4100-011010-3007- 4100-011010-3007- 4100-011010-3007- 4100-073010-5411-

4100-073010-3002- 4100-073010-3002-

4100-031020-5410- 4100-031020-5410- 4100-031020-5410- 4100-031020-5410- 4100-031020-5410-

4100-021060-5902- 4100-022010-5401-

4100-035030-3001-

50.00 4100-042400-5401- 50.00

175.24 4100-073010-3002- 175.24 * 457.00

67.50 67.50

4100-031020-7003- 4100-031020-7003- 4100-031020-7003-

PAGE ’

apes 2/29/2018

~SPoa/2013

syoaszorg 3/08/2013

3/08/2019 3700/2028 3yoasz019

3/04/2018 370e/2038

3/04/2029 3/04/2019

3/04/2023 3yoay20aa

s/oejzoas

3/04/2028 3700/2039 3/05/2013

a/ee/2039

3/04/2019 3/oa/a0is Syoay2019 3/04/2013

syos/201s 3/04/2018

a/oa/aois 3/04/2018 3yoe/2038 5/04/2029 3yoe/2029

3/oe/20as 3704/2038

ayo4/20is 2704/2039 ayo4/20ns sfossaois

3/20/2039 3/08/2089

A/P CASH REQUIREMENTS PRE-LIST COMPANY 4-001 FOND#4200 PAGE Dw. DATE vanDoR, spworce cuass _cRoSs ater. _wer_anouwr g/u accowee 2.9. a/ia/a0i8 003558 SEP PTC. IN 0107 200-00 Too-00 e10d-05e020-7056- = 251/20, 251120 + 2/30/2029 000596 SAM’S CLUB/GECR 576 1 yee Tel14 “anga-esnen0-s409- =~ 3/11/2013 on0ss2 Sam’s Chos/cEcR 365 r 3705, 370.73 Gtgo-9g2080-se0r- ST ua aout + 2/04/2018 ooo60: sxcuRrTY EuucTe 13275 peter 380109 “1ee-oodexe-n0ss- = - Ys0.00 isol09 + 2/22/2018 903360 sHmTEL 02222019 93.52 59.81 “s100-o3sos0-sea3-—- 59.52 59.31 + 2/13/2019 006572 soor A way, IN 2a690% 6.638100 6,635.00 si0c-094010-7056- == z/rz/zers ooexe6 sxomr xix oarzz019 “a12 64 "21264 “a100-or2020-s504- 2/12/2019 004185 SHORT KEK Eesecters Gas 7168 s1p0-01s020-s508- > 1/17/2019 004585 suowcasas aaoier a0 34103 $4.03 “sto0-o72020-s401- - 2/25/2019 002700 SOUTHWEST VA VE 116343, 5,560.46 5,568.46 ct00-995010-se0e- = - Brier Bisealee © 1/28/2018 904268 STANDARD eRINTT 071739 540.09, 34000 ex00-12100-002- – 2/19/2019 Goazee STANDARD PRINTT 071026 199109 inion eioo-o2iseo-seol- 2 > 2/01/2018 o¢e4si STRATEGIC soLUT 3219680 10 “55.00 "3800 «x00-073010-2002- =~ 2/04/2018 oo1sx7 surPuwoRKs 76312410, aos-11 405/11 “4100-049020-5e05- =~ 2/25/2019 91017 SUPPLYWORKS 479853138 peers Sella flgocnazozo-sanss 2] 2/28/2039 001817 SuvPLYWoRKS 479585147 252.80 2o2is¢ eloo-odzoz0-s4es- > 2,038792 2,039183 + 2/08/2039 o04ia1 TBLE-OPTICS CON o0s8227-0N 50.00, $50.00 “exao-aseor0-7056- = = 2/09/2029 coc3s6 THE LEBANON NEw 130220 29.43 29/43 atoa-cai010-3007- ~~ 41/08/2039 000366 THE LASANON New 130211 0135 Sola azee-e1a0xe-s007- 41/50/2038 D0cSe6 THs LESANON NEw 130380 jane 32.10 4ioo-oauo20-s007- >> 2/14/2039 000366 THE LEBANON NEW LIBRARY RENEAL — 10 25.00 25/00 aioo-o7a0n0-eaaa- = abelse soles + 41/13/2028 000364 THE LIBRARY COR 2029040034 20 337.09, 5rnloe 4100-073010-3002- 1/15/2028 000364 TuE LimpaRy con 2018040096 io 5,282 "00 g,042.00 4io-o7a010-a002- >> 61389.08, 51389100 « 2/16/2018 009977 Tor LINE ADVERT 73: 150.00 380109 “¢zo0-o21020-se10- = — 2/14/2019 000979 TOP LIME ADVERT 7356 120"00, izo’00 eioo-oaio20-sare- 2 > 2/10/2019 000973 TOP LINE ADVERT 7359 5.00, ‘8.00 s200-osiez0sai00 2 2/14/2013 000977 TOP LENE ADVERT 7358 120.09, anoloe fieo-ostoso-ealo- > 2/iayaois 000377 top LINE ADVERT 7359 2e1109 Aeioa sov-o3zo20-sa10- = = 2/06/2019 001225 TREASURER OF VI 19-167C-KS-2 3,625/00 3,228.00 txeo-oan06o-s9c2- == 2/18/2019 601223 TREASURER OF VI 29-C3080-VEN a 368.00, Sesloe elgocozznaocsaot) 27 14/10/2018 002192 TREASURER OF VE a2i0203 20.00 "20100 “exco-o38030-3001- == 2/72/2019 0414s TaSASURER OF VI 02222019, 50.00 $0109 a1ca-cezeao-saoa- - 59.00 50.00 + 1/16/2018 000700 TRI CITY BUSTEE AR9902 se angle 178124 a100-o730z0-2002- == 195124 Ysias + 2/30/2089 000706 Two way RADIO 1 26227 rere) 457100 a100-032020-7003- - 3/15/2992 oo0906 Two war RaDIO 1 31572 61.80 67.80 41D0-032020-7003- — 12/03/2028 000706 THO BAY RADIO 1 32333 Grs0 6780 Alpeoaz0ze-7o03) =

---------------------------·—·—·-. -----------------------·-----

AP060 2/27/2019 A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001 FUND#4100 PAGE 7

DUE DATE INV.DATE VENDOR INVOICE CLASS GROSS AMT. NET AMOUNT G[L ACCOUNT P.O.# 3/04/2019 2/01/2019 000706 TWO WAY RADIO I 32511 65.00 65.00 4100-031020-7003- 3/04/2019 2/01/2019 000706 TWO WAY RADIO I 32523 684.00 684.00 4100-031020-7003-

1,341.00 1,341.00 3/04/2019 2/11/2019 004238 UNITED REFRIGER 66664584-00 166.69 166.69 4100-043020-3004- 3/04/2019 2/14/2019 004238 UNITED REFRIGER 66721413-00 56 .57 56.57 4100-043020-3004-

2 6 223.26 3/04/2019 2/19/2019 000713 UNIVERSITY OF v 38362 20.00 20.00 4100-012090-5401- 3/04/2019 2/19/2019 000713 UNIVERSITY OF v 38581 20. 00 20.00 4100-012090-5401-

40.00 40.00 • 3/04/2019 2/01/2019 000722 VACO IVC0605181 60.00 60.00 4100-011010-5801-

60.00 60.00 3/04/2019 2/12/2019 003229 VERIZON WIRELES 9824058048 3,169.90 3,169.90 4100-031020-5203-

3,169.90 3,169.90 • 3/04/2019 2/15/2019 002822 VIRGINIA LAWYER 825176 179.50 179.50 4100-021010-5401-

179.50 179.50 • 3/04/2019 2/14/2019 003318 VIRGINIA TOURIS INV000000004828 240.00 240.00 4100-081040-3007-

240.00 240.00 • 3/04/2019 2/20/2019 001469 VP.AV DUES 2019 170.00 170.00 4100-011010-5504-

170.00 170.00 3/04/2019 2/22/2019 004166 WALLACE, LOU AN 01222019 495.68 495.68 4100-011010-5504-

495.68 495.68 3/04/2019 1/10/2019 000219 XPRESS LlJBE FEBRUARY 2019 321.71 321.71 4100-031020-5408-

321.71 321.71 TOTAL FOR DGE DATE 3/04/2019 188,164.83 188,164 .83 TOTAL DUE FOR FUND- 4100 188,164.83 188,164.83

aps 2/27/2019

“Sroa7a0ns 3700/2013

3/00/2029 3yoa/20n3

3/06/2038 3/08/2038

s/oa/aois s/oa/20n9 syoa/2eas ayea/2an9 3/04/2039 ayo4/2013

3/08/2039

2708/2015 Byrnes

2/209 2/18/2038

2iis/2e8 a/isy20as

2yorseots 2/sz/201s 2/25/2018 2prej2015 220/209 2/2a/2039

a/ao/20as

Beare e070

004238

coors

0328 ov2ea2 poaa30.

TIO WAY HABE ‘TNO WAY RADIO T

UHETED REFRIGER

VERIZON IRELES VIRGTIA LANTER VIRGINIA, TOURIS

1B/P CASH REQUIREMENTS PRE-LIST COMPANY #-001

Sea 33523

ss54504-00

sezsoseoas e2si76 nrvonso0opeas23 pugs 2019

TOTAL FOR DUE DATE 3/04/2019

Fonpesica pee 7 R086 mr wer awouwr ¢/u Accours 20.8 38.00 5.00" S150-091070-7003~ "e869 "66169 "s100-083020-3008- 23336 223126 + 40100 fol00 « 50:00 60.00 « 3,168.30, 43,263.30 $400-031020-8203~ 399150, "193180 _s1oo-eaio20-sa0a- 240.00 240100 | «100-982080-3007- sles 498168 "«1a0-o22020-s500- peer) does + pried 32131 + 1ss,16<.83 388,168.85

A?060 2/27/2019

DUE DATE 3/04/2019 3/04/2019

!:NV.DATE 2/05/2019 2/05/2019

A/? CASH REQUIREMENTS PRE-LIST COMPANY #-001 FUND#4839

~VE:·N~D:O:R~~~~~~~~- INVOICE 001958 VDACS 300870 001958 VDACS 301546

TOTAL FOR DUE DATE 3/04/2019 TOTAL DUE FOR FUND- 4839 NON-DIRECT DEPOSIT DIRECT DEPOSIT FINAL DUE

CLASS ~~~G~R~O:S:S_AM~~T~. ~~-N~“:“T~AM~O:ON””'•0• 40.00 40.00 40.00 40.00 80.00 80.00 80.00 80.00 80.00 80.00

188,244.83 188,2~4.83

.00 .00 188,244.83 188,24~.83

.00

G/L ACCOUNT 4839-083990-5407- 4839-083990-5407-

PAGE 8

av0s0 2/27/2013 |A/P CASH REQUIREMENTS PRE-LIST COMPANY #-001 FUNDEA838 vase 8 DOE DATE 0WV.DATE VENDOR nevoree cuass ___cnoss a. NET aNouT 6/1 Accomm Bot 3/03/2018 2/08/2029 oo19s8 VaAES Sonera 33.00 40.00" 3839-083990-s407- 3/04/2019 2/03/2039 co29se vanes donsas foleo f0l00 a4839-ca39a0-5407— $9.00 80.00 +

‘TOTAL FOR DUR DATE 3/04/2019 20.00 50.00

{TOTAL BOE FOR FuND- 4999 20.00, be.00

now-DIRECT DEPOSIT 196,244183198,284189,

Drmget DEost? 7 00

PENAL DOE 168,240.83 186,246.63

Russell County Government Center

137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011 www.russellcountyva.us

Board of Supervisors   Action Item

137 Highland Drive Presenters - Attorney Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

County Attorney Reports

CWSA Resolution of Dissolution & Transfer of Assets………………………….C-1
Solid Waste Convenience Property User Agreement between County

& Town of Lebanon………………………………………………………………………C-2

RC BOS Moral Obligation to VCC concerning Project “Blue-Jay”…………….C-3
RC BOS Moral Obligation for the Town of Lebanon concerning Project
“Blue-Jay” ……………………………………………………….………………………C-4
Elk Garden School Property……………………………………………………………C-5
County Unsafe Building Ordinance………………………………………………….C-6
County Litter Ordinance……………………………………………………………….C-7

Staff Recommendation:

Board Discretion.

Suggested Motion:

Motion Required.

ATTACHMENTS: • Various

Board of Supervisors Action Item 137 Highland Drive Presenters - Attorney Lebanon, VA 24266

Meeting: 3/4/19

County Attorney Reports

CWSA Resolution of Dissolution & Transfer of Assets.
Solid Waste Convenience Property User Agreement between County & Town of Lebanon…
RC BOS Moral Obligation to VCC concerning Project “Blue-Jay”.
RC BOS Moral Obligation for the Town of Lebanon concert “Blue-Jay”

Project

Elk Garden School Property…
County Unsafe Bi

ing Ordinance…

County Litter Ordinance.

Staff Recommendation: Board Discretion. Suggested Motion: Motion Required.

ATTACHMENTS:

Various

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www.russellcountyva.us

SOLID WASTE CONVENIENCE PROPERTY USER AGREEMENT BETWEENTHE TOWN COUNCIL OF LEBANON, VIRGINIA AND THE

BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA

This AGREEMENT, made as of the ______ day of __________, 2019, by and between the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the “COUNTY”), acting as the governing body of Russell County, Virginia, and the TOWN COUNCIL OF LEBANON, VIRGINIA (the “TOWN”), acting as the governing body of the Town of Lebanon, Virginia to set forth the terms and conditions under which the TOWN will provide property to the COUNTY for the use of a Solid Waste Convenience Site.

WHEREAS, The TOWN is located within the COUNTY and, as such, is bordered by and coterminous with the COUNTY at all points along its boundary; and

WHEREAS, The TOWN are the owner of certain real estate located on Regional Park Rd in the Cumberland Plateau Regional Industrial Park, described below (hereinafter called the “PROPERTY”); and

WHEREAS, the TOWN has agreed to provide the PROPERTY to the COUNTY for use of a Solid Waste Convenience Site.

NOW THEREFORE, for and in consideration of the premises and the mutual benefits to be derived by the parties to this Agreement by entering into this Agreement, and other good and valuable consideration, covenants and terms herein contained the parties hereby covenant and agree as follows:

I. PROPERTY

PROPERTY. This agreement shall apply to the property as described:

Property located on Regional Park Rd in the Cumberland Plateau Regional Industrial Park as shown on survey as recorded in the Russell County Court House PLAT CABINET 1 Slide 259C described as Industrial Drive adjacent to U.S. Route 19 (Variable Right-of-way) as described below:

BEGINNING at a PK nail set on the south right-of-way of a 60-foot street, commonly known as Industrial Drive (referenced S 38 degrees 47’ 49”

W., 1742.38 feet to a red plastake, a corner to Charles Hayes Gilmer and Cumberland Plateau Company): thence along the 60-foot street (Industrial Drive) and fronting thereon, N 72 degrees 57’ 06” E 39.79 feet

to an iron rebar set; thence, N 62 degrees 45’ 37” E 316.44 feet to an

iron rebar set; thence, N 62 degrees 45’ 14” E 243.38 feet to an iron

rebar set; thence with a curve to the left having a radius of 11619.14 feet, a chord bearing of N 63 degrees 48’ 46” E a chord distance of

270.84 feet, and an are distance of 270.84 feet to an iron rebar set;

SOLID WASTE CONVENIENCE PROPERTY USER AGREEMENT BETWEENTHE TOWN COUNCIL OF LEBANON, VIRGINIA AND THE BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA

This AGREEMENT, made as of the day of , 2019, by and between the BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA (the “COUNTY’), acting as the governing body of Russell County, Virginia, and the TOWN COUNCIL OF LEBANON, VIRGINIA (the “TOWN"”), acting as the governing body of the Town of Lebanon, Virginia to set forth the terms and conditions under which the TOWN will provide property to the COUNTY for the use of a Solid Waste Convenience Site

WHEREAS, The TOWN is located within the COUNTY and, as such, is bordered by and coterminous with the COUNTY at all points along its boundary; and

WHEREAS, The TOWN are the owner of certain real estate located on Regional Park Rd in the Cumberland Plateau Regional Industrial Park, described below (hereinafter called the “PROPERTY”); and

WHEREAS, the TOWN has agreed to provide the PROPERTY to the COUNTY for use of a Solid Waste Convenience Site.

PROPERTY
PROPERTY. This agreement shall apply to the property as described:

BEGINNING ata PK nail set on the south right-of-way of a 60-foot street, commonly known as Industrial Drive (referenced S 38 degrees 47’ 49” W., 1742.38 feet to a red plastake, a corner to Charles Hayes Gilmer and Cumberland Plateau Company): thence along the 60-foot street (Industrial Drive) and fronting thereon, N 72 degrees 57’ 06" E 39.79 feet to an iron rebar set; thence, N 62 degrees 45’ 37” E 316.44 feet to an iron rebar set; thence, N 62 degrees 45’ 14” E 243.38 feet to an iron rebar set; thence with a curve to the left having a radius of 11619.14 feet, a chord bearing of N 63 degrees 48’ 46” E a chord distance of 270.84 feet, and an are distance of 270.84 feet to an iron rebar set;

thence N 26 degrees 46’ 51” W to point in meets with US Route 19 Right

of way, thence follow said right-a-way to point parallel with Beginning point, thence 60 feet to BEGINNING.

II. GENERAL PROVISIONS

Term. This Agreement shall become effective upon execution and shall remain

in effect for twenty (20) years and end on the 30th day of June, 2039 (the “Initial

Term”). This Agreement shall continue in force following the Initial Term for additional five (5) years each until terminated by either the TOWN or the COUNTY giving the other party ninety (90) days written notice to that effect.

Termination for Breach. The TOWN and the COUNTY each shall be entitled to terminate this Agreement in its entirety upon a material breach by the other of any of its obligations hereunder. Prior to exercising such right of termination, however, the acting party shall provide the party alleged to be in breach with written notice of such breach and a reasonable time under the circumstances, but in any event not to exceed thirty (30) days. The TOWN and the COUNTY may mutually agree to an extension of this thirty-day time period in circumstances where the breach cannot reasonably be cured within thirty days and the parties agree upon a plan of action and a schedule to cure such breach.
Termination for Convenience. Anything in this Agreement to the Contrary notwithstanding, either party shall be entitled to terminate this Agreement in its entirety at any time; provided, however that prior to exercising such right of termination, one hundred and twenty (120) days advance notice of termination in all cases except for termination for breach which is governed by Part II, paragraph 2 of this Agreement is provided by the terminating party.
Means of Notices. Whenever notice is required or permitted from one party to the other, it shall be given in writing and shall be effected by hand deliver or by mailing by certified first mail, return receipt requested, to the party whom given as follows:

If to TOWN OF LEBANON

Town Manager, Town of Lebanon Post Office Box 309 Lebanon, Virginia 24266

With a copy to Town Attorney & Mayor at the same address.

thence N 26 degrees 46’ 51" W to point in meets with US Route 19 Right of way, thence follow said right-a-way to point parallel with Beginning point, thence 60 feet to BEGINNING.

GENERAL PROVISIONS.

Term, This Agreement shall become effective upon execution and shall remain in effect for twenty (20) years and end on the 30" day of June, 2039 (the “Initial Term’). This Agreement shall continue in force following the Initial Term for additional five (5) years each until terminated by either the TOWN or the COUNTY giving the other party ninety (90) days written notice to that effect. Termination for Breach. The TOWN and the COUNTY each shall be entitled to terminate this Agreement in its entirety upon a material breach by the other of any of its obligations hereunder. Prior to exercising such right of termination, however, the acting party shall provide the party alleged to be in breach with written notice of such breach and a reasonable time under the circumstances, but in any event not to exceed thirty (30) days. The TOWN and the COUNTY may mutually agree to an extension of this thirty-day time period in circumstances where the breach cannot reasonably be cured within thirty days and the parties agree upon a plan of action and a schedule to cure such breach. Termination for Convenience. Anything in this Agreement to the Contrary notwithstanding, either party shall be entitled to terminate this Agreement in its entirety at any time; provided, however that prior to exercising such right of termination, one hundred and twenty (120) days advance notice of termination in all cases except for termination for breach which is governed by Part Il, paragraph 2 of this Agreement is provided by the terminating party.

Means of Notices. Whenever notice is required or permitted from one party to the other, it shall be given in writing and shall be effected by hand deliver or by mailing by certified first. mail, return receipt requested, to the party whom given as follows:

If to TOWN OF LEBANON

Town Manager, Town of Lebanon Post Office Box 309

Lebanon, Virginia 24266

With a copy to Town Attorney & Mayor at the same address.

If to RUSSELL COUNTY:

County Administrator, Russell County Post Office Box 1208 Lebanon, Virginia 24266

With a copy to County Attorney at the same address;

Or to such other persons or addresses as may hereafter be designated by notice given pursuant to this paragraph, in writing by one party to the other.
Notice by hand delivery shall be deemed effective when delivered, notice by mail shall be deemed effective as of five (5) business days after the date it is deposited in the mail, certified first class prepaid.

Governing Law. This Agreement is made and intended to be performed in the Commonwealth of Virginia and shall be interpreted and construed in accordance with the laws of that state. Jurisdiction and venue for all legal actions involving this Agreement shall lie in the Circuit Court of Russell County, Virginia, and all such proceedings shall be brought only in such court.
Authority to Enter into Agreement. TOWN or the COUNTY each represents and warrants for itself as follows as of the date of this agreement:

a. It has the power to enter into this Agreement and contemplated hereunder and to perform the obligations hereunder according to the terms of this Agreement.

b. It has duly taken all actions and obtained all consents necessary to enable it to enter into this Agreement.

c. The person or persons executing or attesting the execution of this Agreement on behalf of each party has or have been duly authorized and empowered to so execute and attest.

d. The execution of this Agreement on behalf of the party shall bind and obligate the party to the extent provided by the terms hereof.

e. There exists no litigation pending or threatened against either party that, if determined adversely, would materially and adversely affect the ability of the party to carry out its obligations under this Agreement or the transactions contemplated hereunder.

Liability: The COUNTY agrees to assume liability for the Solid Waste Convenience Site PROPERTY and to hold the Town harmless for any injuries or damages occurring at the site or acts of negligence of the employees of the County. The COUNTY will maintain an adequate liability insurance policy for the Solid Waste Convenience Site. The COUNTY agrees to hold the TOWNS harmless for any litigation or claims which may arise out of the County’s use

of the TOWNS property. 8. Operation: The COUNTY agrees to operate and maintain the solid waste

convenience site in such a fashion as to not create any odor or nuisance.

If to RUSSELL COUNTY:

County Administrator, Russell County Post Office Box 1208 Lebanon, Virginia 24266

With a copy to County Attorney at the same address;

Or to such other persons or addresses as may hereafter be designated by notice given pursuant to this paragraph, in writing by one party to the other. Notice by hand delivery shall be deemed effective when delivered, notice by mail shall be deemed effective as of five (5) business days after the date it is deposited in the mail, certified first class prepaid.

. Governing Law. This Agreement is made and intended to be performed in the Commonwealth of Virginia and shall be interpreted and construed in accordance with the laws of that state. Jurisdiction and venue for all legal actions involving this Agreement shall lie in the Circuit Court of Russell County, Virginia, and alll such proceedings shall be brought only in such court.

. Authority to Enter into Agreement. TOWN or the COUNTY each represents and warrants for itself as follows as of the date of this agreement:

a. Ithas the power to enter into this Agreement and contemplated hereunder and to perform the obligations hereunder according to the terms of this Agreement.

b. Ithas duly taken all actions and obtained all consents necessary to enable it to enter into this Agreement.

c. The person or persons executing or attesting the execution of this Agreement on behalf of each party has or have been duly authorized and empowered to so execute and attest.

d. The execution of this Agreement on behalf of the party shall bind and obligate the party to the extent provided by the terms hereof.

. Liability: The COUNTY agrees to assume liability for the Solid Waste Convenience Site PROPERTY and to hold the Town harmless for any injuries or damages occurring at the site or acts of negligence of the employees of the County. The COUNTY will maintain an adequate liability insurance policy for the Solid Waste Convenience Site. The COUNTY agrees to hold the TOWNS harmless for any litigation or claims which may arise out of the County’s use of the TOWNS property.

. Operation: The COUNTY agrees to operate and maintain the solid waste convenience site in such a fashion as to not create any odor or nuisance.

Improvements: The COUNTY agrees that any existing improvements and any future construction or additional improvements on the property shall be in compliance with all town, state, and federal laws. All improvements will be removed by COUNTY when property is vacated.
Modification: This agreement shall not be subject to change, modification, or discharge except by written instrument signed by both parties.
Entire Agreement. This Agreement contains the entire understanding and agreement of the parties with respect to the subjects hereof, and no amendment or modification shall be binding unless in writing and signed by all parties hereto.

IN WITNESS WHEREOF, the TOWN and COUNTY have caused this Agreement to be executed by their duly authorized officers, as of the day, month and year first set forth above.

THE TOWN COUNCIL OF LEBANON, VIRGINIA

By: ____________________________ Mayor

STATE OF VIRGINIA COUNTY OF RUSSELL, to-wit:

I, a Notary Public in and for the County and State aforesaid, do hereby certify that

Nelson T. Dodi, Mayor and duly authorized agent, Town Council of Lebanon, Virginia, Virginia, who is personally known by me, whose signature appears on the

foregoing instrument on behalf of said entity, has personally acknowledged the same

before me in my County and State aforesaid this ____ day of ___________, 2019.

NOTARY PUBLIC Whose Comm. Expires ___________________________ Registration No. ____________________

APPROVED AS TO FORM:

Town Attorney

Improvements: The COUNTY agrees that any existing improvements and any future construction or additional improvements on the property shalll be in compliance with all town, state, and federal laws. All improvements will be removed by COUNTY when property is vacated.

10.Modification: This agreement shall not be subject to change, modification, or discharge except by written instrument signed by both parties.

11.Entire Agreement. This Agreement contains the entire understanding and agreement of the parties with respect to the subjects hereof, and no amendment or modification shall be binding unless in writing and signed by all parties hereto.

IN WITNESS WHEREOF, the TOWN and COUNTY have caused this Agreement to be executed by their duly authorized officers, as of the day, month and year first set forth above.

THE TOWN COUNCIL OF LEBANON, VIRGINIA

By: Mayor

STATE OF VIRGINIA COUNTY OF RUSSELL, to-wit:

I, a Notary Public in and for the County and State aforesaid, do hereby certify that Nelson T. Dodi, Mayor and duly authorized agent, Town Council of Lebanon, Virgi

Virginia, who is personally known by me, whose signature appears on the foregoing instrument on behalf of said entity, has personally acknowledged the same before me in my County and State aforesaid this__day of , 2019.

NOTARY PUBLIC Whose Comm. Expires Registration No.

APPROVED AS TO FORM:

Town Attorney

BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA

By: ____________________________ Chairperson

STATE OF VIRGINIA COUNTY OF RUSSELL, to-wit:

I, a Notary Public in and for the County and State aforesaid, do hereby certify that

Rebecca Dye, Chairperson and duly authorized agent, Board of Supervisors of Russell County, Virginia, who is personally known by me, whose signature appears on

the foregoing instrument on behalf of said entity, has personally acknowledged the same

before me in my County and State aforesaid this _____day of ____________, 2019.

NOTARY PUBLIC Whose Comm. Expires ___________________________ Registration No. ____________________

APPROVED AS TO FORM:

County Attorney

BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA

By: Chairperson

STATE OF VIRGINIA COUNTY OF RUSSELL, to-wit:

|, a Notary Public in and for the County and State aforesaid, do hereby certify that Rebecca Dye, Chairperson and duly authorized agent, Board of Supervisors of Russell County, Virginia, who is personally known by me, whose signature appears on the foregoing instrument on behalf of said entity, has personally acknowledged the same before me in my County and State aforesaid this__day of , 2019

NOTARY PUBLIC Whose Comm. Expires Registration Ni

APPROVED AS TO FORM:

County Attorney

7814 Carousel Lane, Suite 100 ⚫ Richmond, VA 23294 ⚫ Phone (804) 344-5484

vacommunitycapital.org

February 11, 2019

Earnest McFaddin

Industrial Development Authority of Russell County, VA

PO Box 2378

Lebanon, VA 24266

Re: Industrial Development Authority of Russell County, VA - Commitment Letter

Dear Ernie:

We are pleased to advise you that Virginia Community Capital (the “Lender”) has

approved your loan request for purchase of equipment (the “Commitment”), collectively

the “Loan,” subject to the following terms and conditions:

Borrowers: Industrial Development Authority of Russell County, VA

Guarantor(s): The Loan shall be guaranteed by Russell County. (the

“Guarantor”) in an unlimited amount. The Guarantor’s

obligations to the Lender shall be joint and several.

Loan Amount: $2,700,000

Purpose: Purchase equipment for manufacturing company from Canada

(Polycap)

Interest Rate: 5.25% Fixed for 5 years. Repricing after 5 years for the

remaining 5 years at the 5-year CMT plus 2.72%

Loan Commitment Fee: .50% of loan amount = $13,500. One-half ($6,750) of this fee

shall be due at the signing of the commitment letter and is non-

refundable. The remainder of the commitment fees shall be due

and payable at Loan closing. Fees shall be considered fully

earned and non-refundable once paid.

Closing Date: Closing of this Loan shall take place no later than 90 days from

the date of this letter (the “Closing Date”).

Terms: Interest Only for 12 months then 9-year Term

Payment, Purpose, Structure, Maturity and Term of Loan:

The Loan will be used for the purchase of new equipment to be

located at 1050 Regional Park Rd, Lebanon VA 24266. Interest

only for initial 12 months. Loan Maturity Date will be 120

months from the Loan closing date. The loan term is 120

months and payment amortized over the last 9 years.

Borrower shall make monthly payments of interest only on the

outstanding Loan balance commencing on the first day of the

Lonzo Lester Highlight

mNW"ZVCC

VCC Bank

February 11, 2019

Earnest MeFaddin

Industrial Development Authority of Russell County, VA PO Box 2378

Lebanon, VA 24266

Re: Industrial Development Authority of Russell County, VA - Commitment Letter Dear Emie: We are pleased to advise you that Virginia Community Capital (the “Lender”) has

approved your loan request for purchase of equipment (the “Commitment”), collectively the “Loan,” subject to the following terms and conditions:

Borrowers: Industrial Development Authority of Russell County, VA

Guarantor(s): ‘The Loan shall be guaranteed by Russell County. (the Guarantor’) in an unlimited amount. The Guarantor’s obligations to the Lender shall be joint and several.

Loan Amount $2,700,000

Purpose: Purchase equipment for manufacturing company from Canada (Polycap)

Interest Rate: 5.25% Fixed for S years. Repricing after 5 years for the

remaining 5 years at the 5-year CMT plus 2.72%

Loan Commitment Fee: 50% of loan amount = $13,500. One-half ($6,750) of this fee shall be due at the signing of the commitment letter and is non- refundable. The remainder of the commitment fees shall be due and payable at Loan closing. Fees shall be considered fully earned and non-refundable once paid.

Closing Date: Closing of this Loan shall take place no later than 90 days from the date of this letter (the “Closing Date”).

Terms: Interest Only for 12 months then 9-year Term

Payment, Purpose, Structure, Maturity and Term of Loan: The Loan will be used for the purchase of new equipment to be located at 1050 Regional Park Rd, Lebanon VA 24266. Interest only for initial 12 months. Loan Maturity Date will be 120 months from the Loan closing date. The loan term is 120 months and payment amortized over the last 9 years.

Borrower shall make monthly payments of interest only on the outstanding Loan balance commencing on the first day of the

7814 Corovsel Lane, Suite 100 « Richmond, VA 23294 « Phone (804) 344-5484 ‘vacommunityeapitalorg

second month following loan closing and continuing the first day

of each month for 12 months followed by 108 months of

principal and interest to and including the Maturity Date.

Secondary Repayment Russell County, VA

Source:

Collateral: -1st Lien on New Equipment purchase with VCC loan proceeds

-2nd Deed of Trust on commercial property located at 1050

Regional Park Rd, Lebanon VA 24266

Minimum Financial

Reporting Requirements: Annual Audited Financial Statements on the borrower and

Russell County

Attorney’s Opinion: The written opinion(s) of counsel for Borrower and Guarantor,

addressed to Lender, confirming the legal status and authority of

Borrower and Guarantor, the due authorization, execution and

delivery, and the validity, binding effect and enforceability of the

Loan Documents, the creation, validity, and perfection of the

liens and security interests created by the Loan Documents and

such other matters as Lender requests. Such counsel and

opinion(s) must be satisfactory to Lender in its sole discretion.

Other considerations:

• All closing costs will be paid by the borrower.

• Secure a landlord waiver for 1050 Regional Park Rd, Lebanon VA 24266.

• VCC Bank listed as Lender’s Loss Payee on business property insurance.

• VCC Bank listed as Certificate Holder on business liability, and worker’s compensation

insurance.

• If property is in a flood zone, flood insurance will be required with VCC listed as

Lender’s Loss Payee.

• Russell County Moral Obligation must be approved by County Board of Supervisors

prior to loan closing.

• Equipment lease between IDA and Polycap is to mirror the terms of the VCC loan.

• VCC funds will be paid directly to vendor via invoice or IDA via proof of paid invoices.

• Evidence of all funding sources as presented shall be committed prior to loan closing.

• Loan will be closed by outside counsel. Legal fees will be paid by the borrower plus a

$150 documentation review fee.

Thanks for the opportunity to be a part of this project. Please let me know if you have any

questions. If you accept these terms, please sign below and return this letter to me with a check

for 50% of the commitment fee. If no action is taken, this commitment will expire on May 11,

Lonzo Lester Highlight

second month following loan closing and continuing the first day of each month for 12 months followed by 108 months of principal and interest to and including the Maturity Date.

‘Secondary Repayment Russell County, VA ‘Source: Collateral: -1* Lien on New Equipment purchase with VCC loan proceeds

-2" Deed of Trust on commercial property located at 1050 Regional Park Rd, Lebanon VA 24266

um Financial Reporting Requirements: Annual Audited Financial Statements on the borrower and Russell County

Attorney’s Opinion: The written opinion(s) of counsel for Borrower and Guarantor, addressed to Lender, confirming the legal status and authority of Borrower and Guarantor, the due authorization, execution and delivery, and the validity, binding effect and enforceability of the Loan Documents, the creation, validity, and perfection of the liens and security interests created by the Loan Documents and such other matters as Lender requests. Such counsel and ‘opinion(s) must be satisfactory to Lender in its sole discretion.

Other considerations:

All closing costs will be paid by the borrower.

Secure a landlord waiver for 1050 Regional Park Rd, Lebanon VA 24266.
VCC Bank listed as Lender’s Loss Payee on business property insurance.
VCC Bank listed as Certificate Holder on business liability, and worker’s compensation

insurance.

Ifproperty is in a flood zone, flood insurance will be required with VCC listed as Lender’s Loss Payee.

Russell County Moral Obligation must be approved by County Board of Supervisors ‘prior to loan closing.

Equipment lease between IDA and Polycap is to mirror the terms of the VCC loan, VCC funds will be paid directly to vendor via invoice or IDA via proof of paid invoices. Evidence of all funding sources as presented shall be committed prior to loan closing. Loan will be closed by outside counsel. Legal fees will be paid by the borrower plus a $150 documentation review fee.

Thanks for the opportunity to be a part of this project. Please let me know if you have any questions. If you accept these terms, please sign below and return this letter to me with a check

for 50% of the commitment fee. If no action is taken, this commitment will expire on May 11, 2019.

Sincerely,

VCC Bank

Cindy Snider

AVP, Small Business Loan Officer

540-250-0055

Acceptance Follows on the Next Page

Sincerely, VCC Bank

Canely Sueler Cindy Sider

AVP, Small Business Loan Officer 540-250-0055

Acceptance Follows on the Next Page

The undersigned accept and agree to all of the terms and conditions of the foregoing

Commitment.

For the Borrower:

Industrial Development Authority of Russell County, VA

Signature Title

Name (Printed)

Date

For the Moral Obligator:

Russell County

Signature

Name (Printed) Title

Date

The undersigned accept and agree to all of the terms and conditions of the foregoing Commitment.

For the Borrower:

Industrial Development Authority of Russell County, VA

Signature Title

‘Name (Printed)

Date For the Moral Obligator:

Russell County

Signature

Name (Printed) Title

Date

Page 1 of 7

MORAL OBLIGATION AGREEMENT

This MORAL OBLIGATION AGREEMENT, made as of the ______ day of

February, 2019, by and between the BOARD OF SUPERVISORS OF RUSSELL

COUNTY (the “Board”), acting as the governing body of Russell County, Virginia

(the “County”), THE TOWN COUNCIL OF LEBANON, VIRGINIA (the “Town” or

“Borrower”),acting as the governing body of the Town of Lebanon, Virginia.

WITNESSETH:

WHEREAS in furtherance of the objectives of, and pursuant to the

provisions of the Industrial Development and Revenue Bond Act, contained in

Title 15.2 of the Code of Virginia, the Industrial Development Authority of Russell

County, Virginia, desires to promote industry and to develop trade by inducing

Greenfield ICI Holdings LLC and Polycap LLC (the “Company”) to locate in the

Regional Industrial Park located in the Town of Lebanon, Russell County,

Virginia. The Company desires to locate such facilities and to make a substantial

capital investment therein, producing jobs and increased economic activity. (the

“Project”).

      WHEREAS the Town’s Charter as set forth in Chapter 343 of the 1958

Virginia Acts of Assembly, as amended (the “Charter”), the Public Finance Act,

Chapter 26, of Title 15.2 of the Code of Virginia of 1950, as amended (the “Act”)

authorizes the Town to issue General Obligation Bonds.

MORAL OBLIGATION AGREEMENT

This MORAL OBLIGATION AGREEMENT, made as of the ___ day of February, 2019, by and between the BOARD OF SUPERVISORS OF RUSSELL COUNTY (the “Board”), acting as the governing body of Russell County, Virginia (the “County”), THE TOWN COUNCIL OF LEBANON, VIRGINIA (the “Town” or

“Borrower’),acting as the governing body of the Town of Lebanon, Virginia.

WITNESSETH:

WHEREAS in furtherance of the objectives of, and pursuant to the provisions of the Industrial Development and Revenue Bond Act, contained in Title 15.2 of the Code of Virginia, the Industrial Development Authority of Russell County, Virginia, desires to promote industry and to develop trade by inducing Greenfield ICI Holdings LLC and Polycap LLC (the “Company’) to locate in the Regional Industrial Park located in the Town of Lebanon, Russell County, Virginia. The Company desires to locate such facilities and to make a substantial capital investment therein, producing jobs and increased economic activity. (the

“Project”).

WHEREAS the Town’s Charter as set forth in Chapter 343 of the 1958 Virginia Acts of Assembly, as amended (the “Charter’), the Public Finance Act, Chapter 26, of Title 15.2 of the Code of Virginia of 1950, as amended (the “Act”)

authorizes the Town to issue General Obligation Bonds.

Page 1 of 7

Page 2 of 7

      WHEREAS, the Town proposes to issue $1,250,000.00 General Obligation

Bond Taxable Series 2019 (the “Bond”) to finance a portion of the cost of

financing of the Project for the benefit of the citizens of the Town.

      WHEREAS, the Town pursuant to resolution passed the 21st day of

January, 2019 authorized the issuance of $1,250,000.00 in Bonds for financing

of the Project.

      WHEREAS, the Town therefore desires to enter into a moral obligation

agreement with the County, with respect to the said $1,250,000.00 bond, setting

forth the County’s agreement to undertake a non-binding obligation; and,

      WHEREAS, the proceeds of the Bond will be beneficial to the citizens of

the County by providing industrial and economic development in the County.

      WHEREAS, the Board passed a resolution at its meeting on February 4,

2019, authorizing a moral obligation to the Town for 72% of the issued bond

amount (the “Required Amount”).

WHEREAS, the Town proposes to issue $1,250,000.00 General Obligation Bond Taxable Series 2019 (the “Bond”) to finance a portion of the cost of

financing of the Project for the benefit of the citizens of the Town.

WHEREAS, the Town pursuant to resolution passed the 2ist day of January, 2019 authorized the issuance of $1,250,000.00 in Bonds for financing

of the Project.

WHEREAS, the Town therefore desires to enter into a moral obligation agreement with the County, with respect to the said $1,250,000.00 bond, setting

forth the County’s agreement to undertake a non-binding obligation; and,

WHEREAS, the proceeds of the Bond will be beneficial to the citizens of

the County by providing industrial and economic development in the County.

WHEREAS, the Board passed a resolution at its meeting on February 4,

2019, authorizing a moral obligation to the Town for 72% of the issued bond

amount (the “Required Amount”).

Page 2 of 7

Page 3 of 7

THE AGREEMENT

      NOW THEREFORE, for and in consideration of the promises and mutual

benefits to be derived by the parties from entering into this Agreement and other

good and valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, the parties hereto covenant and agree as follows:

In the event that the Company fails to make any payment as and when due

on the Bond the Town shall request an appropriation of funds from the County

in an amount not to exceed the Required Amount.

The Board hereby acknowledges that, to the extent permitted by law and

subject to annual appropriation, it has a moral obligation to appropriate the

Required Amount to the Town.

The Board hereby undertakes a non-binding obligation to appropriate

amounts as may be requested from time to time pursuant to paragraph one to

the fullest degree and in such manner as is consistent with the Constitution and

laws of the Commonwealth of Virginia. The Board, while recognizing that it is not

empowered to make any binding commitment to make such appropriations in

future fiscal years, hereby, states its intent to make such appropriations in

future fiscal years, and hereby recommends that future Boards do likewise.

THE AGREEMENT

NOW THEREFORE, for and in consideration of the promises and mutual benefits to be derived by the parties from entering into this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, the parties hereto covenant and agree as follows:

In the event that the Company fails to make any payment as and when due on the Bond the Town shall request an appropriation of funds from the County

in an amount not to exceed the Required Amount.

The Board hereby acknowledges that, to the extent permitted by law and subject to annual appropriation, it has a moral obligation to appropriate the

Required Amount to the Town.

The Board hereby undertakes a non-binding obligation to appropriate amounts as may be requested from time to time pursuant to paragraph one to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby, states its intent to make such appropriations in

future fiscal years, and hereby recommends that future Boards do likewise.

Page 3 of 7

Page 4 of 7

Following any failure of the Company to pay any amount as and when due on

the Bond, the County Administrator of the County (the “County

Administrator”) shall include the Required Amount for the following fiscal year

of the County in his budget submitted to the Board for the following fiscal year

as to an amount to be appropriated in respect of the Project. The County

Administrator shall deliver to the Town within fifteen days after the adoption of

the County’s budget for each fiscal year, but not later than July 15 of each year,

a certificate stating whether the Board has appropriated to the Town an amount

equal to the Required Amount. If the Board shall fail to make any such

appropriation or make a lesser appropriation, the County Administrator shall

add the amount of such requested appropriation that was not included in the

adopted budget to the proposed budget for the County’s next fiscal year.

Nothing herein contained is or shall be deemed to be a lending of the credit of

the County to the Town, the Project or to any other person or entity, and nothing

herein contained is or shall be deemed to be a pledge of the faith and credit or

the taxing power of the County; nor shall anything herein contained legally bind

or obligate the Board to appropriate funds for the purposes described herein, all

funds described herein being expressly made subject to annual appropriation by

the Board.

If any clause, provision, or paragraph of this Agreement shall be held illegal

or invalid by a court, the illegality or invalidity of such clause, provision, or

Following any failure of the Company to pay any amount as and when due on the Bond, the County Administrator of the County (the “County Administrator”) shall include the Required Amount for the following fiscal year of the County in his budget submitted to the Board for the following fiscal year as to an amount to be appropriated in respect of the Project. The County Administrator shall deliver to the Town within fifteen days after the adoption of the County’s budget for each fiscal year, but not later than July 15 of each year, a certificate stating whether the Board has appropriated to the Town an amount equal to the Required Amount. If the Board shall fail to make any such appropriation or make a lesser appropriation, the County Administrator shall add the amount of such requested appropriation that was not included in the

adopted budget to the proposed budget for the County’s next fiscal year.

Nothing herein contained is or shall be deemed to be a lending of the credit of the County to the Town, the Project or to any other person or entity, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County; nor shall anything herein contained legally bind or obligate the Board to appropriate funds for the purposes described herein, all funds described herein being expressly made subject to annual appropriation by

the Board.

If any clause, provision, or paragraph of this Agreement shall be held illegal

or invalid by a court, the illegality or invalidity of such clause, provision, or

Page 4 of 7

Page 5 of 7

paragraph shall not affect any of the remaining clauses, provisions, or

paragraphs hereof, and this Agreement shall be construed and enforced as if

such illegal or invalid clause, provision, or paragraph had not been contained

herein. In case any question should arise as to whether any provision contained

herein shall be in violation of law, then such provision shall be construed to the

agreement of the parties hereto to the fullest extent permitted by law.

Any notices or requests required to be given hereunder shall be deemed given

if delivered by hand, sent by nationally recognized overnight courier service or

by registered or certified mail, postage prepaid, return receipt requested,

addressed as follows:

If to the County: c/o County Administrator Russell County

  137 Highland Drive, Lebanon Virginia 24266

If to the Town: c/o Town Manager Lebanon

   P.O. Drawer 309 Lebanon, Virginia 24266

A copy of each demand, notice, approval, consent, request, opinion or other

communication given hereunder by any party named in this section shall also

be given to each of the other parties named herein. Each of the parties may by

notice given hereunder, designate any further or different address to which

paragraph shall not affect any of the remaining clauses, provisions, or paragraphs hereof, and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision, or paragraph had not been contained herein. In case any question should arise as to whether any provision contained herein shall be in violation of law, then such provision shall be construed to the

agreement of the parties hereto to the fullest extent permitted by law.

Any notices or requests required to be given hereunder shall be deemed given if delivered by hand, sent by nationally recognized overnight courier service or by registered or certified mail, postage prepaid, return receipt requested,

addressed as follows:

If to the County: c/o County Administrator Russell County

137 Highland Drive, Lebanon Virginia 24266

If to the Town: c/o Town Manager Lebanon

P.O. Drawer 309 Lebanon, Virginia 24266

A copy of each demand, notice, approval, consent, request, opinion or other communication given hereunder by any party named in this section shall also be given to each of the other parties named herein. Each of the parties may by

notice given hereunder, designate any further or different address to which

Page 5 of 7

Page 6 of 7

subsequent demands, notices, approvals, consents, requests, opinions or other

communications shall be sent or persons to whose attention they should be

directed.

This Moral Obligation Agreement shall be binding upon, inure to the benefit

of, and be enforceable by, the parties hereto and their respective successors.

This Moral Obligation Agreement shall be governed by the applicable laws of

the Commonwealth of Virginia and this Moral Obligation Agreement expresses

the entire understanding and all agreements among the parties and shall not be

modified except in writing signed by the parties.

This Moral Obligation Agreement may be executed in several counterparts,

each of which will be an original and all of which together shall constitute but

one and the same instrument.

IN WITNESS WHEREOF, the Board of Supervisors of Russell County, Virginia

has caused its name to be subscribed hereunto by the Chairperson of the County

and its seal to be hereto affixed and attested by its Clerk, the Town of Lebanon,

Virginia has caused its name to be subscribed hereunto by its Mayor and its seal

to be affixed and attested by its Secretary, all as of the date first above written.

subsequent demands, notices, approvals, consents, requests, opinions or other communications shall be sent or persons to whose attention they should be

directed.

This Moral Obligation Agreement shall be binding upon, inure to the benefit

of, and be enforceable by, the parties hereto and their respective successors.

This Moral Obligation Agreement shall be governed by the applicable laws of the Commonwealth of Virginia and this Moral Obligation Agreement expresses the entire understanding and all agreements among the parties and shall not be

modified except in writing signed by the parties.

This Moral Obligation Agreement may be executed in several counterparts, each of which will be an original and all of which together shall constitute but

one and the same instrument.

IN WITNESS WHEREOF, the Board of Supervisors of Russell County, Virginia has caused its name to be subscribed hereunto by the Chairperson of the County and its seal to be hereto affixed and attested by its Clerk, the Town of Lebanon, Virginia has caused its name to be subscribed hereunto by its Mayor and its seal

to be affixed and attested by its Secretary, all as of the date first above written.

Page 6 of 7

Page 7 of 7

BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA

By:___________________________________

REBECCA DYE, CHAIRPERSON

ATTEST:

Vicki Porter, Clerk (SEAL)

TOWN OF LEBANON, VIRGINIA

By:_____________________________

NELSON A. DODI, MAYOR

ATTEST:

Diane Nunley, Clerk (SEAL)

BOARD OF SUPERVISORS OF RUSSELL COUNTY, VIRGINIA

ATTEST:

By:

Vicki Porter, Clerk (SEAL)

ATTEST:

Diane Nunley, Clerk (SEAL)

Page 7 of 7

REBECCA DYE, CHAIRPERSON

TOWN OF LEBANON, VIRGINIA

By:

NELSON A. DODI, MAYOR

Board of Supervisors Action Item D-1 – D-9 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for February 2019:

REPORTS

VDOT Project Information concerning Rte. 613 & Rte. 624 & Rte. 678…………D-1
Virginia Department of Criminal Justice Services Grant Application for

the Honaker Elementary School Resource Officer…………………………………D-2

Household Hazardous Waste Collection Day – 04/17/2019/10 a.m.–2 p.m.……D-3

REQUESTS

Authorization of the Virginia Department of Housing and Community
Development (DHCD) Belfast Waterline Extension Project Resolution & Application…………………………………………………………………………………D-4
Authorization of the AASC Lease for the Swords Creek Community Center…D-5
Authorization of the VDOT (TAP) Grant for the Dante Depot Project…………,D-6
Authorization of the Board of Equalization Pay & Expenses……………………D-7
Authorization to Hire Housekeeping Position………………………………………D-8
Authorization for the Appalachian Gateway Horse & Trail Assoc. Event………D-9
Authorization of Travel Requests…………………………………………………….D-10

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s): Board Discretion.

Russell County Government Center 137 Highland Drive · Lebanon, Virginia 24266 · (276) 889-8000 · Fax (276) 889-8011

www.russellcountyva.us

http://www.russellcountyva.us/ http://www.russellcountyva.us/ Board of Supervisors Action Item D-1 - D-9 137 Highland Drive Presenter: Administrator Lebanon, VA 24266

Meeting: 3/4/19 6:00 PM

County Administrator Reports & Requests The County Administrator Reports & Request for February 2019:

REPORTS

VDOT Project Information concerning Rte. 613 & Rte. 624 & Rte. 678…
Virginia Department of Criminal Justice Services Grant Application for the Honaker Elementary School Resource Officer…
Household Hazardous Waste Collection Day — 04/17/2019/10 a.m.—2 p.m.

REQUESTS

Authorization of the Virginia Department of Housing and Community Development (DHCD) Belfast Waterline Extension Project Resolution & Application…
Authorization of the AASC Lease for the Swords Creek Community Center…D-5
Authorization of the VDOT (TAP) Grant for the Dante Depot Project…
Authorization of the Board of Equalization Pay & Expenses…
Authorization to Hire Housekeeping Position…
Authorization for the Appalachian Gateway Horse & Trail Assoc. Event.
Authorization of Travel Requests.

STAFF RECOMMENDATION(s): Board Discretion.

SUGGESTED MOTION(s): Board Discretion.

Russell County Government Center 137 Highland Drive - Lebanon, Virginia 24266 - (276) 889-8000 - Fax (276) 889-8011 www. russellcountyva.us

Virginia Department of Transportation

INTER-AGENCY COORDINATION MEETING Joint Permit Application

DEQ COE VMRC
I. VDOT PROJECT INFORMATION

Route: 613 UPC#: VDOT Project Number: 00613-083-23127479 USGS Quadrangle: Mendota City/County: Russell VDOT City/County Code: 083 Contract Type: Maintenance - State Forces Project Charge: 11160000-66235-11054-167

BRFLD18241 Estimated Begin Date: 04/01/2019 Designer:

II. TYPE OF SCOPING/COORDINATION: PCN-Critical Habitat Permits Required: COE Reporting: NW3;
III. VDOT CONTACTS

Permit Coordinator (VDOT District Contact)

District Environmental Manager (Authorized Agent)

VDOT (Applicant)

Name: Dennis A. Sanders Name: Doris K Bush Name: John R Watson Address: 870 Bonham Road

Bristol, VA 24201 Address: 870 Bonham Road

Bristol, VA 24201 Address: P.O. Box 127

Lebanon, VA 24266 Phone #: (276) 696-3299 Phone #: (276) 696-3300 Phone #: (276) 415-3439

IV. PERMITTED ACTIVITY

VDOT proposes to replace 3 lines of 24"x60’ along Mayes Branch on Rte. 613 in Russell County. The pipes will be replaced with a DBL of 49" x 33" x 60’long arch pipe (metal pipe). One line will be countersunk 6". 20 feet of outlet protection will be installed on the outlet ends of the pipes. To conduct work in the dry, a sandbag cofferdam will be installed and all water will be pumped around the work area. Any water seeping into the work area will be pumped into a filter bag prior to discharge. No tree removal will be required. The project will require 27 cy and 360 sq feet of excavation along with 40 cy and 600 sq feet of permanent fill. The cofferdams will require one cubic yard and 48 sq feet of temporary fill.
V. ENVIRONMENTAL ASSESSMENT(Avoidance and Impacts are described in greater detail in section VI and VII.)

Present Impacts Present Impacts Federal Threatened/Endangered Species No No Water of the U.S Yes No State Threatened/Endangered Species No No Wetlands No No Anadromous fish No No Riffle Pool Complexes No No Trout No No Other Special Aquatic Sites No No Shellfish No No 100 Year Floodplain No No Public Water Supply No No Historic/Archeological Resources No No Scenic Rivers No No Air Quality Nonattainment Area No No Navigable Waters No No Tidal Waters/Wetlands: No No Open Water > 1.0 Acre No No
VI. SUMMARY OF DETAILED ENVIRONMENTAL IMPACT INFORMATION

This project has one jurisdictional crossing. General: Latitude: 36°44’24" Longitude: 82°17’30" FEMA FIRM number: 51167C0430C Nearest Community: Collinwood, VA Surrounding Land Use: Forest Basin: Tennessee and Big Sandy River Sub-basin: 6C. Holston River Sub-basin Hydrologic Unit Code: 06010101

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

Page 1 of 3IACM Coordination Form 7/1/2017

JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479 PERMIT #: 19-4001 PRE-APP#:

Virginia Department of Transportation INTER-AGENCY COORDINATION MEETING Joint Permit Application DEQ COE VMRC

VDOT PROJECT INFORM. ION Route: 613 UPC¢: VDOT Project Number: 00613-083-23127479 USGS Quadrangle: Mendota City/County: Russell VDOT City/County Code: 083 Contract Type: Maintenance - State Forces Project Charge: 11160000-66235-1 1054-167 BRFLD18241 Estimated Begin Date: 04/01/2019 Designer: I TYPE OF SCOPING/COORDINATION: PCN-Critical Habitat [Permits Required: COE Reporting: NW3; II, __ VDOT CONTACTS Permit Coordinator District Environmental Manager VDOT (Applicant) (VDOT District Contact) (Authorized Agent) Name: Dennis A. Sanders Name: Doris K Bus Name: John R Watson Address: 870 Bonham Road Address: 870 Bonham Road ‘Address: P.O, Box 127 Bristol, VA 24201 Bristol, VA 24201 Lebanon, VA 24266 Phone #: (276) 696-3299 Phone #: (276) 696-3300 Phone #: (276) 415-3439

IV, PERMITTED ACTIVITY

VDOT proposes to replace 3 lines of 24"x60’ along Mayes Branch on Rte. 613 in Russell County. The pipes will be replaced with a DBL of 49" x 33" x 60’long arch pipe (metal pipe). One line will be countersunk 6". 20 feet of outlet protection will be installed on the outlet ends of the pipes. To conduct work in the dry, a sandbag cofferdam [will be installed and all water will be pumped around the work area, Any water seeping into the work area will be pumped into a filter bag prior to discharge. No tree removal will be required. The project will require 27 ey and 360 sq fect of excavation along with 40 cy and 600 sq feet of permanent fill. The cofferdams will require one cubic yard and 48 sq feet of temporary fill

V. ENVIRONMENTAL ASSESSMENT (Avoidance and Impacts are described in greater detail in section VI and VIL)

Hydrologic Unit Code: 06010101

IACM Coordination Form 7/1/2017 Page 1 of

Engineering data for impacts to Waters of the US:

OHW elevation (feet): 1852 Dredging/Excavation Filling (Permanent): Filling (Temporary):

MLW elevation (feet): N/A Streams Open Water

Wetlands Streams Open Water

Wetlands

Area (feet2) 360 0 0 600 0 0 48 0 0

Quantity (yd3) below OHW 27 0 0 40 0 0 1 0 0

Quantity (yd3) below MLW 0 0 0 0 0 0 0 0 0

Construction Method MECHANICAL MECHANICAL MANUAL

Stream Information:

Stream Name(s): Mayes Branch Drainage Area (miles2): 0.75

Pool/Riffle/Flat ratio: 00/100/00 Average Depth (feet): 0.5

Substrate: gravel Average Width (feet): 10

OHWM Indicator(s): Bed and banks

DGIF Classification: Other (N/A) Cowardin Classification: R2UB

DEQ Classification: IV. Mountainous Zone Waters Section #: 1b Special Standards: PWS

Linear Feet of Permanent Stream Impacts:

Perennial- 80 Intermittent- 0 Ephemeral- 0 Riffle/Pool- 0

Conceptual Stream Mitigation: None Proposed

Wetland Information: N/A

Species identified:

Cowardin Classification(s):

Amount Disturbed(area -feet2)

Emergent Scrub/Shrub Forested Totals

Non-Tidal Tidal Non-Tidal Tidal Non-Tidal Tidal Non-Tidal Tidal

Primary 0 0 0 0 0 0 0 0

Secondary 0 0 0 0 0 0 0 0

Temporary 0 0 0 0 0 0 0 0

Conceptual Wetland Mitigation: None Proposed

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

Page 2 of 3IACM Coordination Form 7/1/2017

JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479

PERMIT #: 19-4001

PRE-APP#:

Engineering data for impacts to Waters of the US:

OHW elevation (feet): 1852 Dredging/Exeay: Filling (Permanent): | Filling (Temporary):

Water Water Water Area (feet”) 360| o| o 600) 0) 0) 48 ) ) Quantity (yd*) below OHW 27 o| | 40 0 0 1 0 0 Quantity (yd*) below MLW o| | | 0 0 0 0 0 0 Construction Method MECHANICAL MECHANICAL MANUAL Stream Information: Stream Name(s): Mayes Branch Drainage Area (miles*): 0.75 Pool/Riffle/Flat ratio: 00/10/00 Average Depth (feet): 0.5 Substrate: gravel Average Width (feet): 10 OHWM Indicator(s): Bed and banks DGIF Classification: Other (N/A) ‘Cowardin Classification: R2UB DEQ Classification: IV. Mountainous Zone Waters Section #: 1b Special Standards: PWS Linear Feet of Permanent Stream Impacts: Perennial- 80 Intermittent 0 Ephemeral- 0 Riffle/Pool- 0

Conceptual Stream Mitigation: None Proposed

Wetland Information: N/A Species identified: Cowardin Classification(s):

Primary 0 i) 0| ol | 0 0 0 Secondary ) | | 0) | 0 ) 0 ‘Temporary 0 i) 0| | 0 0 0) 0

Conceptual Wetland Mitigation: None Proposed

IACM Coordination Form 7/1/2017

Page 2 of 3

Other Natural Resource Information: N/A

Cowardin Classification(s):

Amount of Impacts

L.F S.F

Non-Tidal Tidal Non-Tidal Tidal

Permanent 0 0 0 0

Temporary 0 0 0 0

Conceptual Other Mitigation: None Proposed

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

Page 3 of 3IACM Coordination Form 7/1/2017

JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479 PERMIT #: 19-4001 PRE-APP#:

Other Natural Resource Information: N/A

Cowardin Classification(s)

Amount of Impacts

LE SF Non-Tidal Tidal Non-Tidal Tidal

Permanent 0 0 0 0

Temporary 0 0 0 0

Conceptual Other Mitigation: None Proposed

IACM Coordination Form 7/1/2017

Page 3 0f

0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

Project Location

dennis.sanders Oval

dennis.sanders Line

| VIRGINIA Jamestown Colony — Foun S = “The Old Dominion” Statehood — june 25, 1788

rset aol re fee | Lowest Elevation — Sea Lei

ase 1.5 3 [0] =|

6 | 230] Highest Elevation — Moun

Ane 0613-083-23127479 Seo Bern!

Permit # 19-4001 State Bird — Cardinal

Russell County Population — 8,185,867 Mayes Branch

dennis.sanders Callout Project Location

dennis.sanders Typewritten Text Mendota Quad

dennis.sanders Typewritten Text 0613-083-23127479 - Permit # 19-4001 - Russell County - Mayes Branch

dennis.sanders Typewritten Text

0613-083-23127479 - Permit # 19-4001 - Russell County - Mayes Branch

National Flood Hazard Layer FIRMette

0 250 500 1,000 1,500

Legend SEE RS REPORT FOR DETAILED LEGEND AND INDEK MAP FOR FIRM PANEL LAYOUT

SPECIAL FLOOD HAZARD AREAS

OTHER AREAS OF FLOOD HAZARD

Without Base Flood Elevation (BFE) Zone A, V, A99

With BFE or Depth Zone AE, AO, All, VE, AR

Regulatory Roadway

0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mlle zone x

Future Conditions 1% Annual Chance Flood Hazard zone x Area w ith Reduced Flood Risk due to Levee. See Notes. zone x

Area with Flood Risk due to Leveezone D

IND SCREEN! Area of Minimal Flood Hazard Zone x c::::::::J Effective LOMRs

OTHER AREAS Area of Undetermined Flood Hazard Zone D

GENERAL Channel, Culvert, or Storm Sewer

STRUCTURES I I I I I I I Levee, Dike, or Floodwall

OTHER FEATURES

MAP PANELS

Cross Sections with 1% Annual Chance

Water Surface Elevation

©- - - Coastal Transect

513- Base Flood Elevation Line (BFE)

= Limit of Study

— Jurisdiction Boundary

[

Coastal Transect Baseline

Profile Baseline

Hydrographlc Feature

Digital Data Avallable N

No Dlgltal Data Avallable + Unmapped

The pin displayed on the map Is an approxim ate point selected by t he user and does not represent an authoritative property location.

This map complies with FEMA’s standards for the use of digital flood maps if it is not void as described below. The basem ap shown complies with FEMA’s basemap accuracy standards

The flood hazard Information Is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 1j/27 /2018 at 7:40:31 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective Information may change or become superseded by new data over time.

This map Image Is void If the one or more of the following m ap elements do not appear: basemap Imagery, f lood zone labels, legend, scale bar, map creation date, community Identifiers, FIRM panel number, and FIRM effective date. Map Images fo r unmapped and unmodernized areas cannot be used for regulatory purposes.

dennis.sanders Typewritten Text

dennis.sanders Line

dennis.sanders Text Box Project Location

dennis.sanders Typewritten Text 0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

National Flood Hazard Layer FIRMette

orau36. 31h ‘SEMIS REPORT FOR DETALED LEGEND AND NDE MAP OR i PANEL LAOUT

‘Without age Food Elevation (8FE)

With BFE or Depth 2a 1004 2

| ‘areas of es than one square rile zon

Future Conditions 4% Annual RNIN cance Flood Hazard 20»

no Reta ot ewe 5, a oo beeen

FLOOD HAZARD ("ff Area with lod Risk due to Levee one 0

‘Area. of Minimal Flood Hazard 200 fective LOMRS

‘Area of Undetermined Flood Hazard Zane 9

Channel, cuvert of Storm Sewer Levee, Dike, or Flood

PAREN ORMININAL| © {ress Section with 3% Annual Chance ‘Water Stee Eevaon BRUSSELIZC OUNING

Coastal Tansoct

9 ‘The pn displayed on the map san approximate point selected bythe user and does nt represent ‘an authoritative property location.

This map compiles with FEMA’s standards for the use of ‘gta food maps iis not vidas deserbed below.

‘The basemap shown complies with FEMA’s basemap

scouracy standards

The tlood hazard information is derhed arecty fom the ‘uthortave NFHL web series provided by FEMA. This map

This map mage svold if the one or more ofthe folowing map ‘loments do not appear basemap Imagery, flood zane labels, legend, scale bar, map ceatlon dete, community ntiers, FIRM panel number, ana FIRM effective dat, Map Images fr unmapped and unmodemized areas cannot be used for regulatory purposes.

Roadway

(ii\ (ii\ (ii\ ~ U-U-_ O.H.W. Elevation 1852

"-… Stream Bed

Triple Line 24 inch CMP

60 feet long

Rte. 613

All work to be done in the dry.

No Utility Work on Project.

O.H.W.

O.H.W. Existing Site Conditions 1 Non-erodible (Cofferdam

–_['hose I ’ ’

Phase I cofferdams installed & existing pipes #2 & 3 removed & install proposed Pipe #2.

I I I I I I I I I

Rte. 756

60 ft

Non-erodible Cofferdam

j–10 to 12 ft –

1 1 Moyes Branch I \

\ \

Phase I

O.H.W. Elevation '1852 \ O.H.W.

Summary of Impacts Excavation Perm Fiii Temp Fiii

CY 27 40

Sq Ft 360 600 48 Uneor foot af Stream Impacts =BO ft. Cubic Yards Fill/Unear Foot= 0.5

00613-083-23127 479 Permit• 19-4001 Russell County Mayes Branch Not To Scale Vert. Datum - Nod 88 Sheet I of I Date - 11/27 /18

on aw.) Non-erodible = ohiM. Election 527 | Cofferdam

Existing Site Conditions

Phase | cofferdams Installed & existing pines *2 & 3

f ~~Phase | removed & Install proposed Pipe *2. ‘Stream Bed { ~ Prop pe \ Rie,756’ Triple Line 24 Inch CMP 60 feet long o\#2\ "3\ 60 #
Rte. 613

\ Non-erodible Cofferdam \ Phase! Summary of Impacts \ [Excavation | Parm Fit | Temp Ft \ . \—10 9 12 #1 cr| 27 | 40 [7 Pee eae 8 can coy | Mayes Branch | sari] 360 | 600 | 48 fuayes Branch . \ 1 ———— Not To Scale All work to be done In the dry. \ \ \ eet Sr inp 8 Vert. Datum ~ Nod 86 Sheet oF) No Utility Work on Project. ONE Evaton BSE

on. Date - W278

Roadwav O.H.W.

s~OH,W, Elevation 1852 OJI!/!,

Stream Bed /

Non-erodible 1 Cofferdam

Phase 2

Double Line 49x33 inch arch Metal Pipe 60 feet long

Rte. 613 I I I I

Non-erodible\ Cofferdam

Phase 2

RteJ56

60 ft

Proposed Site Conditions

Phase 2 cofferdams installed & remove existing pipe #I & install proposed pipe #I

20 feet of outlet protection be installed - Class II riprap

Summary of Impacts 00613-083-23127479

Excavatron Perm Fill Temp Fiii Permit • 19-4001 Russell County

–10 to 12 ft – CY 27 40 I Mayes Branch Not To Scale

Mayes Branch Sq Ft 360 600 48 Vert, Datum - Nod 88 Sheet I of 2

Unear feet of Stream Impacts =BO ft. Date - 11127118 Cubic Yards Fill/Unear Foot= 05 All work to be done in the dry,

No Utility Work on Project, OH,W, Elevation 1852 \ O.H.W.

Roadway

ou CACY ph eatin 52 ann 4

Stream Bed

Proposed Site Conditions

/ — Phase 2 cofferdams Installed & remove existing pipe *! Nonverog! ble & install proposed pipe *! Phase 2

Double Line 49x33 Inch arch Metal Pipe 60 Feet long

, 20 feet of outlet protection \jo be Installed - Class I riprap \

. ,

Non-erodible\ f

Cofferdam Summary of impacts O0613-083-23127 479 Permit ® 19-400) Phase 2 \ lexoavation | Perm Fat [Temp Ft aceali Cheoty \ 9 to 12 #4 a | 27 | 40 [7 Mayes Branch | Weyee Branen | coo Not To Soale (Mayes Brno 4 Verk.Datum = Nad 68 (May \ ‘saFt| 360 8 Verh Datu . \ I Tra F a Sr pee» BO FF Date = 1/27/18 All work fo be done in the dry. \ Gable Yards Fii/binsar Fost «05

OW. Elevation 1852 os. No Utility Work on Project.

VDOT Cultural Resources Summary Documentation for Interagency Permit Application

Project Number: 00613-083-23127479 UPC: Project Name: 0613-083-364424-821930 VDHR File No. - Funding Source: State District: Bristol Primary Jurisdiction: Russell Cultural Resources Manager: Lucas, Kalli S. Report Generated: 12/06/2018

The following determinations have been made by VDOT Cultural Resources staff for this VDOT project as a whole in consultation with the State Historic Preservation Officer in Virginia (Director of Virginia Department of Historic Resources) in conformance with the requirements of Section 106 of the National Historic Preservation Act (54 U.S.C. 306108) and its implementing regulations, 36 CFR Part 800. The Area of Potential Effects (APE) for the USACOE’s undertaking subject to Section 106 may be smaller than the APE defined for the project as a whole.

Designated Lead Federal Agency for Section 106: USACE

Does the project have the potential to affect historic properties, should they be present? No

Description of Area of Potential Effects (APE):

Are there previously recorded architectural resources within the APE?

Notes: Date:

Are there previously recorded archaeological resources within the APE?

Notes: Date:

Are historic properties present in the Area of Potential Effects? No

Effects Matrix: Not applicable Explanation of Effect Determination: The project is a type of activity that does not have the potential to cause effects on historic properties, even if historic properties are present.

Determination of No Effect made 04/09/2018 and reported to the SHPO in accordance with Stipulation II.A of the Programmatic Agreement among the Federal Highway Administration, the U.S. Army Corps of Engineers, Norfolk District, the Tennessee Valley Authority, the Advisory Council on Historic Preservation, the Virginia State Historic Preservation Officer, and the Virginia Department of Transportation Regarding Transportation Undertakings Subject to Section 106 of the National Historic Preservation Act of 1966 (executed August 2, 2016).

Effect Determination (non-“Stip.II.A”): NO EFFECT VDHR Concurrence Date:

If Adverse Effect, MOA Execution Date:

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479 PERMIT #: 19-4001 PRE-APP#:

VDOT Cultural Resources Summary Documentation for Interagency Permit Application

Project Number: 00613-083-23127479 upc:

Project Name: 0613-083-364424-821930

VDHR File No. - Funding Source: State District: Bristol Primary Jurisdiction: Russell

Cultural Resources Manager: Lucas, Kalli S. Report Generated: 12/06/2018

The following determinations have been made by VDOT Cultural Resources staff for this VDOT project as a whole in consultation with the State Historic Preservation Officer in Virginia (Director of Virginia Department of Historic Resources) in conformance with the requirements of Section 106 of the National Historie Preservation Act (54 U.S.C. 306108) and its implementing regulations, 36 CFR Part 800. The Area of Potential Effects (APE) for the USACOE’s undertaking subject to Section 106 may be smaller than the APE defined for the project as a whole.

Designated Lead Federal Agency for Section 106: USACE Does the project have the potential to affect historic properties, should they be present? No Description of Area of Potential Effects (APE):

Are there previo Notes: Date:

the APE?

ly recorded architectural resources

Are there previo Notes: Date:

ly recorded archaeological resources within the APE?

present in the Area of Potential Effects? No

© Determination of No Effect made 04/09/2018 and reported to the SHPO in accordance with Stipulation IL.A of the Programmatic Agreement among the Federal Highway Administration, the U.S. Army Corps of Engineers, Norfolk District, the Tennessee Valley Authority, the Advisory Council on Historic Preservation, the Virginia State Historic Preservation Officer, and the Virginia Department of Transportation Regarding Transportation Undertakings Subject to Section 106 of the National Historic Preservation Act of 1966 (executed August 2, 2016).

Effect Determination (non-“Stip.1LA”): NO EFFECT VDHR Concurrence Date:

If Adverse Effect, MOA Execution Date:

VDOT Report of Stipulation II.A Determinations of No Historic Properties Present or Affected, March 2018

Pl’OllctNwnller

R1E811 UTIOAloo C Pipe Replaoemerll

00811–012-23139807 l.a’M911""'9o AHQ

Raul• 811 Deopwater Rd 00611–017’22ff7007 Pipe Replaoement 2018

Geoteollnioal eomaa for UPC 10011.21 - Longhll

00812-047-231-118 Rold

Submitted to OHR May 4, 2018

Leid Olller Feder.II DHR Ale FedeNI All•MYWllll

IPM No. No. Agen;y JWIMICllon

U&COE

USCOE

FHW4

USCOE

VDOT Dlllllet

Rldlmord Dllllr1d

Ca mill S&lom Dl!llr1et

Hor,…ion Rads District

Rullell Bltllo1Dls1rlct

IPM P1’11Mt ~Gii

EllMt Buie for DftNmllMlllon Of No Hlldollc o.ti.nnl naaon

CEDAR PrvJect o…ripaon P"“*'” Prwent or Alfece.d Pm

T1le …_.,. … , AHCI wil be "‘l*Cina an -g 24"x4’’ CMPwtlh a now24"x4’’ RCP. Rlprapwl be pllood llthe lnlotond ouUot erm f1lr ~ (D.!B c,; 24112 btllow OHW). A … dbog coll8rdam and PY"1’ 8"1Und will be utlhed ~ necaaaary tD WOiie 1111110 dry (U.11C,:3112).

VDOTwl l’lploceofllllllg 18" X24’ CMP CllrTylllg an unruunod 111-ry (VT} to DHpwatarCretlk undarRDlllB 811 h Cmnll County wlh • 18’ x24’ polymer…tad mUll pipe. 5 feet of dass 1 "’ rap lnlot prote<:llon and & feol…, 1 "’ “'P outlll pmactlotl wll be lnslallod. A non-ef"Dllll>lo Ol>lt"enlam wtl be pul Ill place and a pu”'fl UDund …ti btl uom

The pro)ec:I lo •typo of odllllJ lhd do• not h•wa Iha patentlllta cau1e etflldl an hBlartc propellioa, ._ I historic “”'petties ore pnosent,

to work In lh• dry. EIGlll lnlol end outlet ends of 11le potanll•I - oflh• po)ect. ere lmlt…i tD t"" p"" wil be COOnle18unk 3". Al dillhlltled llJlillUlQ IWtl of way whioh haa _, pA1vio11111)’ oron 111o … •‘*’•IY high WIUrwill be dist- and - not oonllin any struot.m aaedod and - matted once proJed Is owr 60 yean1 old or any an:haaologlcal obs or corrp.tad. Sitt flnco wlll bo lnsldod as bottlotlolda m:onlod In the DSS (lar Clvl \Mir 111qulrm. No troe …i 11 ollllOClirted with bet!Jetlolds uso ABPP propoaod NRHP thia projocll boundariea hvollble).

-nlcal borings forlho lari1or Longh• Rol!j pro)ec:I (UPC 100~1).

Hl!lllpolnl AHQ’t P’-" lo repllco 3 lloes of 24"lll!O’ along .,_ Branch. The plpeo wtl be niplacod wtlh a DBL or 4B">dlll’ an:ll p…, (mel.ol plpo). One line wl bo oo…illlrsunk 8’. To conduct work in Ille dry, a -dbeg ooflilrdam wil be i1atallod and all-wll be pu…,.d uound lhe wolle area. Any water aoeplng lnlo the wor1< - wl lie purq>e<I Into. ftttorbag prtorta dlocbar\JO. NotrH 111mowLMendablQuod.

Other: TIMI geotachnlell bcrtng1 wl bl 00r1ducl.ed wtlhlo Iha sama AIU of Potanllll

E-for tho larger ro-, projaol, whioh “”" 1n:111oologlcdy •WWJOd In 2018 and coonllmm1d wlh DHR u-DHR Fiio No 20111- 0749. Tha portJan of•llll 44.JCOOD7 wtthln Ille propoaed goolechnlcol borl"91 doe& not oontrbrt• to any potelllial elgibilly of the lite 11 a whole. No -.gs wll be oondudod near ••• 44JC0365.

The pro)ec:I Is a typo of…-, 11111 do … not h1 … lho potentllllto C11U• el!Odl on h!Ql1c pruperlll!la, ll'9rl I hl5tctrlc pmapmUes •1’9 pn11•11f11.

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dennis.sanders Highlight

dennis.sanders Typewritten Text 0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

artes Sbred 0 DAR Mey 4 2018 page 8of2?

T&E CLEARANCE

Project Name: 0613-083-364424-821930 Project Type: Maintenance Project Number: 00613-083-23127479 Charge Number: 11160000-66235-11054-167

BRFLD18241

UPC: Route Type: Secondary Route Number: 613 District: City/County: Residency: Bristol Russell Lebanon From: Rt.757 To: Rt.612 Project Description: Additional Project Description:

Highpoint AHQ’s proposes to replace 3 lines of 24"x60’ along Mayes Branch. The pipes will be replaced with a DBL of 48"x60’ arch pipe (metal pipe). One line will be countersunk 6". To conduct work in the dry, a sandbag cofferdam will be installed and all water will be pumped around the work area. Any water seeping into the work area will be pumped into a filter bag prior to discharge. No tree removal. Mendota Quad.

T&E Project Description: Quadrangle: MENDOTA SERP Exempt?: Yes Latitude: 36°44’24" Permit Required?: Yes Longitude: -82°19’30"

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479 PERMIT #: 19-4001 PRE-APP#:

T&E CLEARANCE

Project Name: 0613-083-364424-821930 Project Type: Maintenance

Project Number: 00613-083-23127479 Charge Number: 11160000-66235-1 1054-167 BRFLD18241

upc: Route Type: Secondary

Route Number: 613

District: City/County: Residency:

Bristol Russell Lebanon

From: RtL757

To: Rto12

Project

Description:

Additional Highpoint AHQ’s proposes to replace 3 lines of 24"x60’ along Mayes Branch. The pipes will

Project be replaced with a DBL of 48"x00’ arch pipe (metal pipe). One line will be countersunk 6".

Description: To conduct work in the dry, a sandbag cofferdam will be installed and all water will be

pumped around the work area. Any water seeping into the work area will be pumped into a filter bag prior to discharge. No tree removal. Mendota Quad.

T&E Project

Description: Quadrangle: = MENDOTA SERP Exempt?: Yes Latitude: 36°44’24" Permit Required?: Yes

Longitude: -82°19’30"

SUMMARY:

[ ] The activity falls within a list of activities that have been determined to have No Effect on Fish, Plant and Wildlife Resources. No additional review required.

No federal nexus, SERP or state water quality permits required [ ] The activity is completely within developed ROW and a Screening Review was conducted. [ ] The activity is on undeveloped ROW and the Project Limits were evaluated using an Abbreviated

Review.

Federal nexus, SERP or state water quality permits required [ ] SERP required. A Full Review was conducted. [X] Federal nexus and activities occur within developed ROW. Activities have not been determined to have

No Effect. A Screening Review was conducted. [ ] All other activities. A Full Review was conducted.

DATE: REVIEWER:

[X] Based upon a review of the appropriate data sources,

T&E Resources are known or suspected to be a concern for this project and additional review is required.

10/17/2018 D Sanders

[ ] Based on a review of the appropriate data sources, No T&E resources are documented or are suspected to be a concern for this project.

[X] PROJECT PHASE PERMITTING REVIEW

COMPLETE 11/27/2018 D Sanders

CLEARANCE HISTORY:

DATE STAFF CONTACT PROJECT PHASE HYPERLINK 11/27/2018 Sanders, Dennis A. PERMITTING FPWRClearance_11-27-2018T13:51:50.pdf

SPECIES:

Species/Status Effect Determination

TOYR Begin

TOYR End

Data Source Comments

DNH SITES - FL & SL ONLY ()

No Effect T&E Database Review All work will take place within the existing footprint of the pipes.

Peregrine Falcon (Falco peregrinus)/ State:ST

No Effect T&E Database Review All work within existing footprint of pipes.

Tennessee Heelsplitter (Lasmigona holstonia)/ State:SE

No Effect T&E Database Review All work will be within the existing area of the pipes or the scoured area below the pipes.

Slippershell Mussel (Alasmidonta viridis)/ State:SE

No Effect T&E Database Review All work within the footprint of the existing pipes and scour area downstream.

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

http://cedar:80/main/servlet/DMS/FILE?WhichMethod=single&dmsID=2055430&saveas=false JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479 PERMIT #: 19-4001 PRE-APP#:

[ ] The activity falls within a list of activities that have been determined to have No Effect on Fish, Plant and Wildlife Resources. No additional review required.

No federal nexus, SERP or state water quality permits required [ ] The activity is completely within developed ROW and a Screening Review was conducted.

[ ] The activity is on undeveloped ROW and the Project Limits were evaluated using an Abbreviated Review.

Federal nexus, SERP or state water quality permits required [ ] SERP required. A Full Review was conducted.

[X] Federal nexus and activities occur within developed ROW. Activities have not been determined to have No Effect. A Screening Review was conducted.

[ ] All other activities. A Full Review was conducted. DATE: REVIEWER:

[X] Based upon a review of the appropriate data sources, 10/17/2018 Sanders T&E Resources are known or suspected to be a concern for this project and additional review is required. [ ] Based on a review of the appropriate data sources, No T&E resources are documented or are suspected to be a concern for this project.

[X] PROJECT PHASE PERM! COMPLETE

ING REVIEW 11/27/2018 D Sanders

CLEARANCE HISTORY: DATE STAFF CONTACT PROJECT PHASE HYPERLINK

11/27/2018 Sanders, Dennis A. _ PERMITTING

SPECIE

Species/Status Effect TOYR TOYR Data Source Comments Determination Begin End DNH SITES - FL & No Effect

FPWRClearance_11-27-2018T13:51:50.pdf

T&E Database Review All work will take place

SLONLY () within the existing footprint of the pipes. Peregrine Falcon No Effect T&E Database Review All work within existing

(Falco peregrinus)/ ST

footprint of pipes.

No Effect

Heelsplitter (Lasmigona holstonia)/ State:SE

T&E Database Review

All work will be within the existing area of the pipes or the scoured area below the pipes.

Slippershell Mussel No Effect (Alasmidonta Viridis)/ State:SE

T&E Database Review

All work within the footprint of the existing pipes and scour area downstream,

Duskytail Darter (Etheostoma percnurum)/ Federal:FE State:SE

No Effect T&E Database Review This hit is from the Copper Creek drainage not Moccasin Creek drainage.

Sickle Darter (Percina macrocephala)/ State:ST

No Effect T&E Database Review Hit is in Copper Creek drainage and not Moccasin Creek drainage.

Gray Bat (Myotis grisescens)/ Federal:FE State:SE

No Effect T&E Database Review,IPaC OSL

With rare exceptions, lives in caves year-round. In winter hibernates in deep vertical caves & in summer roost in caves scattered along rivers. No caves are within project area and No trees will be cut No structures will be impacted. No evidence of bat use was found within project area.

Indiana Bat (Myotis sodalis)/ Federal:FE State:SE

May affect, Not Likely to adversely Effect

IPaC OSL Uses cave/ occasionally abandoned mine hibernacula. Summer habitat is wooded areas, usually roost under loose tree bark on dead or dying trees. No caves or mines are within the project area. No trees will be cut. No structures will be impacted. No evidence of bat use was found within the project area.

Northern Long-Eared Bat (Myotis septentrionalis)/ Federal:FT State:ST

May affect, Not Likely to adversely Effect

IPaC OSL Uses caves & cave-like structures (such as abandoned or active mines, railroad tunnels) in winter. Summer roost is underneath bark, crevices or hollows of both live and dead trees and/or snags (typically >3" dbh). Have been seen roosting in barns, sheds and sometime bridges and bat houses. There are no caved or buildings on this project. No trees will be cut. No structures will be impacted. No evidence of bat use was found within the project area.

Yellowfin Madtom (Noturus flavipinnis)/ Federal:FT State:ST

No Effect T&E Database Review,IPaC OSL

Occurs in unpolluted medium-sized to large creeks to small rivers with moderate to gentle gradient. This population is Experimental - non-

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

Duskytail Darter No Effect (Etheostoma

JACM DATE: 01/08/2019.

VDOT PROJECT #: 00613-083-23127479

PERMIT #: 19-4001 PRE-APP#:

T&E Database Review

This hit is from the Copper Creek drainage not

perenurum)/ Moccasin Creek drainage. Federal:FE State:SE

Sickle Darter No Effect T&E Database Review Hit is in Copper Creek (Percina drainage and not Moccasin

Creek drainage.

Gray Bat (Myotis No Effect grisescens)/ Federal:FE State:SE

T&E Database Review,IPaC OSL

No evidence of bat use was found within project area.

Indiana Bat (Myotis May affect, Not sodalis)/ Federal:FE Likely to State:SE adversely Effect

IPaC OSL

Uses cave/ occasionally abandoned mine hibernacula, Summer habitat is wooded areas, usually roost under loose tree bark on dead or dying trees. No caves or mines are within the project area. No trees will be cut. No structures will be impacted. No evidence of bat use was found within the project area.

Northern Long-Eared May affect, Not Bat (Myotis Likely to septentrionalisy/ adversely Effect Federal:FT State:ST

IPaC OSL

Uses caves & cave-like structures (such as abandoned or active mines, railroad tunnels) in winter. Summer roost is underneath bark, crevices or hollows of both live and dead trees and/or snags (typically >3" dbh). Have been seen roosting in barns, sheds and sometime bridges and bat houses. There are no caved or buildings on this project. No trees will be cut. No structures will be impacted. No evidence of bat use was found within the project area.

Yellowfin Madtom — No Effect (Noturus flavipinnis)/ Federal:FT State:ST

T&E Database Review,IPaC OSL

Occurs in unpolluted medium-sized to large creeks to small rivers with moderate to gentle gradient. This population is Experimental = non-

Essential. Project is culvert replacement in second order stream with a drainage area of 0.75 square miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Birdwing Pearlymussel (Lemiox rimosus)/ Federal:FE State:SE

No Effect IPaC OSL Riffle-dwelling usually occurs in moderate to fast- flowing water of shallow to moderate depth (2.0m). Resides in stable, silt-free substrata of mixed particle sizes ranging from sand to cobble. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Synonym: Conradilla caelata Cumberland Bean (Villosa trabalis)/ Federal:FE State:SE

No Effect IPaC OSL Inhabits small rivers & streams in fast riffles with gravel or sand & gravel substrate. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Synonym: Micromya trabalis Cumberland Monkeyface (Quadrula intermedia)/ Federal:FE State:SE

No Effect IPaC OSL Occurs in fast waters of riffles and runs of small to mid-sized river. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Cumberlandian Combshell (Epioblasma

No Effect IPaC OSL Occurs in clean gravel shoals & riffles of medium-sized streams. Is

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

Birdwing No Effect Pearlymussel (Lemiox rimosus)/

Federal:FE State:SE

Synonym: Conradilla caelata

JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479

PERMIT #: 19-4001

TPaC OSL.

PRE-APP#:

Essential, Project is culvert replacement in second order stream with a drainage area of 0.75 square miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work

dwelling usually occurs in moderate to fast- flowing water of shallow to moderate depth (2.0m). Resides in stable, silt-free substrata of mixed particle sizes ranging from sand to cobble. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles, All work will be done in the dry by using non-crodible cofferdams to divert the stream around the work area.

Cumberland Bean No Effect (Villosa trabalis)/ Federal:FE State:SE

Synonym: Micromya trabalis

IPaC OSL

Inhabits small rivers & streams in fast riffles with gravel or sand & gravel Substrate. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles, All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

‘Cumberland No Effect Monkeyface

(Quadrula

intermedia)/

Federal:FE State:SE

TPaC OSL.

Occurs in fast waters of rifles and runs of small to mid-sized river. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles, All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Cumberlandian No Effect Combshell

(Epioblasma

TPaC OSL.

Occurs in clean gravel shoals & riffles of medium-sized streams. Is

brevidens)/ Federal:FE State:SE

not associated with small stream habitats. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Fine-rayed Pigtoe (Fusconaia cuneolus)/ Federal:FE State:SE

No Effect IPaC OSL Usually inhabits ford and shoal areas of rivers with moderate gradient. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Fluted Kidneyshell (Ptychobranchus subtentum)/ Federal:C

No Effect IPaC OSL Inhabits small to medium rivers in areas with swift current or riffles. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Little-winged Pearlymussel (Pegias fabula)/ Federal:FE State:SE

No Effect IPaC OSL Found in high-gradient tributary streams. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. Stream in is area is low gradient due to being so close to confluence. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Oyster Mussel (Epioblasma capsaeformis)/ Federal:FE State:SE

No Effect IPaC OSL Inhabits riffle & shoal areas of small to medium sized streams, found in fine to course gravel & in pocket of gravel between bedrock ledges in areas of swift-current. Project is culvert replacement within

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

brevidens)/ Federal:FE State:SE

Fine-rayed Pigtoe No Effect (Fusconaia cuneolus)/

Federal:FE State:SE

JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479

PERMIT #: 19-4001

IPaC OSL

PRE-APP#:

not associated with small stream habitats. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles, All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Usually inhabits ford and

shoal areas of rivers with moderate gradient. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Fluted Kidneyshell No Effect (Ptychobranchus

subtentum)/

Federal:C

IPaC OSL

Inhabits small to medium. rivers in areas with swift current or riffles. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Little-winged No Effect Pearlymussel (Pegias fabula)/ Federal:FE

State:SE

IPaC OSL

Found in high-gradient tributary streams. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. Stream in is area is low gradient due to being so close to confluence. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Oyster Mussel No Effect (Epioblasma capsaeformis)/

Federal:FE State:SE

TPaC OSL.

Inhabits riffle & shoal areas of small to medium sized streams, found in fine to course gravel & in pocket of gravel between bedrock ledges in areas of swift-current. Project is culvert replacement within

the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Purple Bean (Villosa perpurpurea)/ Federal:FE State:SE

No Effect T&E Database Review,IPaC OSL

Restricted to headwater streams and found in moderate to fast-flowing water in clean-swept sand, gravel and cobble. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Rough Rabbits Foot (Quadrula cylindrica strigillata)/ Federal:FE State:SE

No Effect IPaC OSL Occurs in swift streams with gravel bottoms and moderate current. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Shiny Pigtoe (Fusconaia cor)/ Federal:FE State:SE

No Effect IPaC OSL Occurs at fords, shoals and other relatively shallow areas with moderate to fast currents. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Synonym: Fusconaia edgariana Slabside Pearlymussel (Lexingtonia dolabelloides)/ Federal:C State:ST

No Effect T&E Database Review,IPaC OSL

Resides in shoal and riffle habitats of intermediate- sized streams, characterized by moderate to fast flowing water. Project is culvert replacement within the footprint of the existing

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

Purple Bean (Villosa No Effect perpurpurea), Federal:FE State:SE

JACM DATE: 01/08/2019.

VDOT PROJECT #: 00613-083-23127479

PERMIT #: 19-4001 PRE-APP#:

T&E Database Review,[PaC OSL

the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles, All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Restricted to headwater

streams and found in moderate to fast-flowing water in clean-swept sand, gravel and cobble. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Rough Rabbits Foot. No Effect (Quadrula cylindrica

strigillata),

Federal:FE State:SE

TPaC OSL.

Occurs in swift streams with gravel bottoms and moderate current. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Shiny Pigtoe No Effect (Fusconaia cor)/ Federal:FE State:SE

Synonym: Fusconaia_edgariana

IPaC OSL

Occurs at fords, shoals and other relatively shallow areas with moderate to fast currents, Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles, All work will be done in the dry by using non-crodible cofferdams to divert the stream around the work area.

Slabside No Effect Pearlymussel

(Lexingtonia

dolabelloides)/

Federal:C State:ST

T&E Database Review,IPaC OSL

Resides in shoal and riffle habitats of intermediate- sized streams, characterized by moderate to fast flowing water. Project is culvert replacement within the footprint of the existing

culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Snuffbox (Epioblasma triquetra)/ Federal:FE State:SE

No Effect IPaC OSL Prefers swiftly flowing water, found in clean gravel shoals & riffles of medium-sized to large streams. Reported in riffles with sandy or stony bottoms, often buried deeply in the sand. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Spectaclecase (Cumberlandia monodonta)/ Federal:FE State:SE

No Effect IPaC OSL Occurs in clean, free- flowing rivers, often imbedded at the base of large boulders or along cracks in ledges, prefers stable bottom with large cobble or boulders. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

AGENCY COMMENT:

AGENCY DATE COMMENTS DNH 11/16/2018 Strict E&S. DGIF 11/27/2018 No comment. FWS 11/27/2018 No comment.

AGENCY COORDINATION RECORD:

AGENCY NAME AGENCY TRACKING NUMBER

DATE SUBMITTED

DATE DUE DATE OF LAST REVIEW

DGIF ESS Log 10/17/2018 11/16/2018 DNH Number 10/17/2018 11/16/2018

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479 PERMIT #: 19-4001 PRE-APP#:

culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Snuffbox No Effect IPaC OSL Prefers swiftly flowing (Epioblasma water, found in clean triquetra)/ Federal: FE gravel shoals & riffles of State:SE medium-sized to large

streams. Reported in riffles with sandy or stony bottoms, often buried deeply in the sand. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work

area Spectaclecase No Effect TPaC OSL. Occurs in clean, free- (Cumberlandia flowing rivers, often monodonta); imbedded at the base of Federal:FE State:SE large boulders or along

cracks in ledges, prefers stable bottom with large cobble or boulders. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

AGENCY COMMENT:

AGENCY DATE COMMENTS DNH 11/16/2018 Strict E&S. DGIF 11/27/2018 No comment. FWS 11/27/2018 No comment.

AGENCY COORDINATION RECORD:

AGENCY NAME AGENCY TRACKING DATE DATE DUE DATE OF NUMBER SUBMITTED LAST REVIEW DGIF ESS Log 10/17/2018 11/16/2018

DNH Number 10/17/2018 11/16/2018

FWS Consultation Code 10/17/2018 10/31/2018

C.O. COMMENT:

REVIEW SPECIES DATE COMMENTS OTHER REVIEW COMMENTS

SURVEY(S) REQUESTED:

SCOPE TYPE REQUEST DATE

SPECIES SURVEY STATUS

RECOMMENDATIONS

RISK ASSESSMENT:

If a federally listed species has been identified in the database search, the Risk Assessment must not be used for any species. Review and coordination with state and federal agencies must follow current guidance. Project Type: [ ] Maintenance [X] Construction

Resources Present: [ ] Aquatic [ ] Terrestrial

IACM DATE: 01/08/2019
VDOT PROJECT #: 00613-083-23127479
PERMIT #: 19-4001 PRE-APP#:

JACM DATE: 01/08/2019. VDOT PROJECT #: 00613-083-23127479 PERMIT #: 19-4001 PRE-APP#:

EWS Consultation Code 10/17/2018 __ 10/31/2018 REVIEW SPECIES. = DATE COMMENTS OTHER REVIEW COMMENTS

SURVEY(S) REQUESTED: SCOPE TYPE REQUEST SPECIES SURVEY RECOMMENDATIONS DATE STATUS

y listed species has been ide! in the database search, the Risk Assessment must not be species. Review and coordination with state and federal agencies must follow current

If a federall used for am guidance.

Project Type: Resources Present: [ ] Aquatic

[ ] Maintenance [X] Construction [ ] Terrestrial

dennis.sanders Callout Project Location

dennis.sanders Typewritten Text Integrator Map - 10/17/2018

dennis.sanders Typewritten Text 0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

Distance: 2 Mile

Summary Result Number of features found

Anadromous Fish: No Result Found

Atlantic Sturgeon Critical Habitat: No Result Found

BAT Hibernacula and Roost Trees: 1

BECAR: No Result Found

CCB Bald Eagle Nest Locations - 330’ Buffer: No Result Found

CCB Bald Eagle Nest Locations - 660’ Buffer: No Result Found

Cold Water Streams - Trout : No Result Found

Critical Habitat: 3

Historic Oyster Grounds: No Result Found

Logperch - Nottoway: No Result Found

Logperch - Roanoke: No Result Found

Natural Heritage Sites : 7

Shellfish Hatcheries: No Result Found

Submerged Aquatic Vegetation (SAV): No Result Found

T&E Species: 3

T&E Streams: 119

Waterbird Colonies: No Result Found

Buffer On Selected Features

10/17/2018 7:46:29 AMReport Date:

Selected Features

10/17/2018 7:46:29 AM

dennis.sanders Typewritten Text 0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

0613-083-23127479 Permit # 19-4001

Buffer On Selected Features Russell County

Mayes Branch Distance: 2 Mile

Report Date: 10/17/2018 7:46:29 AM

[Summary Result Number of features found [anadromous Fish: No Result Found

[Atlantic Sturgeon Critical Habitat No Result Found

IBAT Hibemacula and Roost Trees: o

BECAR: No Result Found

[CCB Bald Eagle Nest Locations - 330’ Buffer. [No Result Found

[CCB Bald Eagle Nest Locations - 660’ Buffer: [No Result Found

[Cold Water Streams - Trout No Result Found (Crtical Habitat 3

Historic Oyster Grounds: No Result Found [Logperch - Nottoway: No Result Found [Logperch - Roanoke: No Result Found Natural Heritage Sites 7

[Shelfish Hatcheries No Result Found [Submerged Aquatic Vegetation (SAV) No Result Found FT&E Species: 3

TE Streams: 119

Waterbird Colonies: No Result Found

Selected Features

10/17/2018 7:46:29 AM

BAT Hibernacula and Roost Trees

SPPBOVA GENUS SPECIES SUBSPECIES COMMON_NAME FEDSTATUS STATESTATUS TIER BUFFER_MI TYPE

050021 Myotis grisescens Bat, gray Federal Endangered

State Endangered

II 5.5 Mile Hibernacula

Critical Habitat

OBJECTID_1 COMNAME SCINAME SPCODE PUBDATE LISTING_ST BUFF_DIST ORIG_FID

3 Yellowfin madtom Noturus flavipinnis E01Y 19770922 Threatened 0.5 2

8 Slabside Pearlymussel

Pleuronaia dolabelloides

F01Y 20130926 Endangered 0.5 7

9 Fluted kidneyshell Ptychobranchus subtentum

F041 20130926 Endangered 0.5 8

Results

CEDAR PROJECT

PRJ_ID PRJ_NAME PRJ_NUM PRJ_UPC ROUTE_NUM PRJ_STATUS

23127479 0613-083-364424- 821930

00613-083- 23127479

613 ACTIVATED

10/17/2018 7:46:29 AM

CEDAR PROJECT

PRIID PRI_NAME PRINUM [PRILUPC ROUTENUM _ [PRI_STATUS 23127479 f0613-083-364424- [00613-083- Gr ACTIVATED

jg21930 23127479 Results BAT Hibernacula and Roost Trees SPPBOVA Cam [SPECIES [SUBSPECIES [COMMON NAME|FEDSTATUS [STATESTATUS [TIER BUFFER_MI [TYPE (050021 Myotis frisescens Bat, gray Federat state n 5.5 Mile Hibemacula

JEndangered JEndangered

Critical Habitat OBJECTID4 [COMNAME [SCINAME [SPcoDE [PUBDATE LISTING st [BUFF_DIST [oRIG_FID 3 Yellowfin madtom [Noturus favipinnis [EOTY 970922 Threatened os 2 G Siabside Pieuronaia Fo fa0730926 Endangered os 7

Pearymussel__|dolabelloides e Fluted Kidneyshel [Ptychobranchus [F047 20130926 Endangered os fe

[subtentum

10/17/2018 7:46:29 AM

Natural Heritage Sites

NM BIO_DIVERSITY_ RNK_CD

LGL_STS TYPE

BIG MOCCASIN CREEK - SAYLER BRANCH SCU

B3 FL SCU

NORTH FORK HOLSTON RIVER - LITTLE WOLF RUN SCU

B3 FL SCU

SL General Location NHR

BIG MOCCASIN CREEK - MAYES BRANCH SCU

B3 FL SCU

NL General Location NHR

COPPER CREEK - GRASSY CREEK SCU

B2 FL SCU

NL General Location NHR

T&E Species

OBSERVATION_D ATE

DESCRIPTION SOURCE_DATABA SE_ID

BOVA GENUS SPECIES SUBSPECIES COMMON_NAME TE_STATUS CSCS_TIER

9/15/1997 12:00:00 AM

Collections records which have been identified as non- confirming. Can originate in either SourceDB 1 or 21

040096 Falco peregrinus Falcon, peregrine ST I

Caves database 050021 Myotis grisescens Bat, gray FESE II

9/18/1997 12:00:00 AM

Collections records which have been identified as non- confirming. Can originate in either SourceDB 1 or 21

040096 Falco peregrinus Falcon, peregrine ST I

T&E Streams

SPP_NAME COMMON STATE FED TIER NAME

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

10/17/2018 7:46:29 AM

Natural Heritage Sites

Nw [BIO_DIVERSITY_ [LGL_STS TYPE IRNK_CD BIG MOCCASIN [83 FL [scu CREEK - SAYLER BRANCH SCU NORTHFORK [83 FL Iscu HOLSTON RIVER - LITTLE WOLF RUN SCU Sc [General Location INHR BIG MOCCASIN. [83 FL Iscu CREEK - MAYES BRANCH SCU INC [General Location INH COPPER OREEK- [82 FL [sou GRASSY CREEK SCU. INC [General Location INHR ‘T&E Species [OBSERVATION_D [DESCRIPTION [SOURCE_DATABA|BOVA [SeNUS [SPECIES SUBSPECIES |COMMON_NAWE |TESTATUS [CSCS_TIER ATE [Se_10 {9118/1997 12:00:00 [Collections records. fosooss Falco peregrinus Falcon, peregrine [ST T lam which have been identified as non- confirming. Can originate in either [SourceDB 1 or 21 [Caves database fosoo2r Nyotis frisescens Bat, ray FESE 7 [18/1997 12:00:00 | Collections records foso096 Falco Peregrinus Falcon, peregrine [ST T lAM which have been identified as non- confirming. Can originate in either [SourceD8 1 or 21 T&E Streams [SPP_NAME [COMMON [STATE FED TIER NAME dolabelloides: Pearymussel, [SE Fe W [Big Moccasin slabside [Creek

10/17/2018 7:46:29 AM

holstonia Heelsplitter, Tennessee

SE II Copper Creek

viridis Mussel, slippershell

SE I Copper Creek

flavipinnis Madtom, yellowfin ST FT I Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

flavipinnis Madtom, yellowfin ST FT I Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Copper Creek

perpurpurea Bean, Purple SE FE I Copper Creek

viridis Mussel, slippershell

SE I Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Copper Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

percnurum Darter, duskytail SE FE I Copper Creek

holstonia Heelsplitter, Tennessee

SE II Copper Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

holstonia Heelsplitter, Tennessee

SE II Copper Creek

holstonia Heelsplitter, Tennessee

SE II Copper Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

10/17/2018 7:46:29 AM

olsionia Heetspiter, se v [Copper Creek Tennessee

virais Russel, se T [Copper Creek stippershell

[Ravipinnis Madtom, yellowin [ST Fr T [Copper Creek

dolabellordes Pearymussel, [SE Fe 7 [Copper Creek slabside

olabeliondes: Pearymussel, [SE Fe v Big Moccasin slabside [Creek

vinais| Mussel, SE T Big Moccasin slippershel Creek,

[avipinnis NMactom, yellowin [ST Fr T [Copper Creek

olabelioides Pearymussel, [SE Fe v [Copper Creek slabside

perpurpurea Bean, Purple [SE Fe T [Copper Creek

viridis mussel SE T [Copper Creek slippershell

clabelioides Pearymussel, [SE Fe v [Copper Creek slabside

Virals Mussel, SE T Big Moccasin slippershell Creek

dclabellordes Pearymussel, [SE FE 7 [Big Moccasin slabside Creek,

virais Mussel, se T Big Moccasin stippershell [Creek

dolabellordes Pearymussel, [SE FE 7 Big Moccasin slabside Creek,

percnurum Darter, duskytat SE Fe T [Copper Creek

olstonia Heeispitter, se 7 [Copper Creek Frennessee

vinais| Mussel, SE T Big Moccasin slippershell Creek,

olabelioides Pearymussel, [SE Fe 7 [Big Moccasin slabside Creek.

olsionia eeispitter, SE v [Copper Creek HTennessee

olstonia eetspiter, SE v [Copper Creek Tennessee

virais Mussel, SE T Big Moccasin slippershell [Creek

10/17/2018 7:46:29 AM

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

williamsi Darter, sickle ST I Copper Creek

perpurpurea Bean, Purple SE FE I Copper Creek

holstonia Heelsplitter, Tennessee

SE II Copper Creek

williamsi Darter, sickle ST I Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Copper Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

flavipinnis Madtom, yellowfin ST FT I Copper Creek

holstonia Heelsplitter, Tennessee

SE II Copper Creek

flavipinnis Madtom, yellowfin ST FT I Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

percnurum Darter, duskytail SE FE I Copper Creek

10/17/2018 7:46:29 AM

iris Musser se T Big Moccasin slippershell Creek, olabeliondes Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek dolabellordes Pearymussel, [SE FE 7 Big Moccasin slabside Creek, vince hussel, se T Big Moccasin stippershell [Creek vinais| Mussel, SE T Big Moccasin slippershell Creek, fwiliamsi Darter, sicwe [ST T [Copper Creek erpurpurea Bean, Purple (SE Fe T [Copper Creek olstonia Heetspitter, SE 7 [Copper Creek Frennessee [wiliamst Darter, sie [ST T [Copper Creek dolabellowdes Pearymussel, [SE Fe 7 [Copper Creek slabside Wirais Musser SE T [Big Moccasin slippershell Creek, dolabeliowdes: Pearymussel, [SE Fe 7 Big Moccasin slabside Creek Nina Musser SE T [Big Moccasin slippershel Creek, olabeliondes Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek dolabellordes Pearymussel, [SE FE 7 Big Moccasin slabside Creek, vince SE T Big Moccasin [Creek [Ravipinnis Madtom, yellowin [ST Fr T [Copper Greek olsionia Heeispitter, SE 7 [Copper Creek Tennessee [avipinnis Madtom, yellowin. [ST Fr T [Copper Creek olabelioides Pearymussel, [SE Fe 7 [Big Moccasin slabside Creek. dolabellowdes Pearymussel, [SE FE v Big Moccasin slabside [creek clabelioides Pearymussel, [SE Fe 7 [Big Moccasin slabside Creek, percnurum Darter, duskytal [SE Fe T [Copper Greek

10/17/2018 7:46:29 AM

dolabelloides Pearlymussel, slabside

SE FE II Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Copper Creek

percnurum Darter, duskytail SE FE I Copper Creek

perpurpurea Bean, Purple SE FE I Copper Creek

flavipinnis Madtom, yellowfin ST FT I Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

perpurpurea Bean, Purple SE FE I Copper Creek

percnurum Darter, duskytail SE FE I Copper Creek

flavipinnis Madtom, yellowfin ST FT I Copper Creek

perpurpurea Bean, Purple SE FE I Copper Creek

holstonia Heelsplitter, Tennessee

SE II Copper Creek

perpurpurea Bean, Purple SE FE I Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

percnurum Darter, duskytail SE FE I Copper Creek

holstonia Heelsplitter, Tennessee

SE II Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

10/17/2018 7:46:29 AM

dolabeliordes Pearymusse, [SE FE v [Copper Creek slabside olabeliondes Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek dolabellordes Pearymussel, [SE FE 7 Big Moccasin slabside Creek, olabeliondes: Peariymusse se Fe v [Copper Creek slabside percnurum Darter, cuskytat [SE FE T [Copper Creek perpurpurea Bean, Purple (SE FE T [Copper Creek [Ravipinnis IMadtom, yellowin [ST Fr T [Copper Creek dolabellowdes Pearymussel, [SE FE 7 Big Moccasin slabside Creek, olabelioides Pearymussel, [SE Fe 7 [Big Moccasin slabside Creek. perpurpurea Bean, Purple [SE Fe T [Copper Creek percnurum Darter, duskytat [SE Fe T [Copper Creek avipinnis| IMaatom, yellowin [ST FT T [Copper Creek perpurpurea Bean, Purple [SE Fe T [Copper Creek olsionia eeispitter, SE v [Copper Creek Tennessee perpurpurea Bean, Purple (SE Fe T [Copper Creek dclabelioides Pearymussel, [SE Fe 7 [Big Moccasin slabside Creek, dolabeliowdes: Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek dclabellordes Pearymussel, [SE FE 7 [Big Moccasin slabside Creek, virais Mussel, se T Big Moccasin stippershell [Creek vines Mussel, SE T Big Moccasin slippershel Creek, percnurum Darter, duskytat [SE Fe T [Copper Creek olstonia eeispitter, se 7 [Copper Creek Frennessee dolabellowdes Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek

10/17/2018 7:46:29 AM

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Copper Creek

viridis Mussel, slippershell

SE I Copper Creek

viridis Mussel, slippershell

SE I Copper Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Copper Creek

holstonia Heelsplitter, Tennessee

SE II Copper Creek

viridis Mussel, slippershell

SE I Copper Creek

percnurum Darter, duskytail SE FE I Copper Creek

viridis Mussel, slippershell

SE I Copper Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

flavipinnis Madtom, yellowfin ST FT I Copper Creek

williamsi Darter, sickle ST I Copper Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

10/17/2018 7:46:29 AM

iris Musser se T Big Moccasin slippershell Creek,

olabeliondes Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek

vines Mussel, SE T Big Moccasin slippershel Creek,

vince Mussel, se T Big Moccasin stippershell [Creek

vinais| Mussel, SE T [Copper Creek slippershel

Tiras Musser SE T [Copper Creek slippershell

viridis Musser SE T [Copper Creek slippershell

Wirais Musser SE T [Big Moccasin slippershell Creek,

Virals Mussel, SE T Big Moccasin slippershell Creek

Nina Musser SE T [Big Moccasin slippershel Creek,

virais Mussel, se T Big Moccasin stippershell [Creek

vines Mussel, SE T Big Moccasin slippershell Creek,

olabeliondes: Peariymusse se Fe 7 Big Moccasin slabside [Creek

dolabellowdes Pearymussel, [SE FE 7 [Copper Greek slabside

olstonia Heetspitter, SE 7 [Copper Creek Frennessee

viridis Musser SE T [Copper Creek slippershel

percnurum Darter, duskyiat [SE Fe T [Copper Creek

Wirais Musser SE T [Copper Creek slippershell

dolabeliowdes: Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek

[Ravipinnis IMadtom, yellowin. [ST Fr T [Copper Creek

[waliamst Darter sicwe [ST T [Copper Creek

Nina Musser SE T [Big Moccasin slippershell [Creek

10/17/2018 7:46:29 AM

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Copper Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Copper Creek

percnurum Darter, duskytail SE FE I Copper Creek

flavipinnis Madtom, yellowfin ST FT I Copper Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

viridis Mussel, slippershell

SE I Copper Creek

perpurpurea Bean, Purple SE FE I Copper Creek

10/17/2018 7:46:29 AM

iris Musser se T Big Moccasin slippershell Creek,

olabeliondes Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek

dolabellordes Pearymussel, [SE FE 7 Big Moccasin slabside Creek,

vince hussel, se T Big Moccasin stippershell [Creek

dolabellowdes Pearymussel, [SE FE 7 Big Moccasin slabside Creek,

olabelioides Pearymussel, [SE Fe 7 [Big Moccasin slabside Creek.

viridis Musser SE T [Copper Creek slippershell

Wirais Musser SE T [Big Moccasin slippershell Creek,

Virals Mussel, SE T Big Moccasin slippershell Creek

Nina Musser SE T [Big Moccasin slippershel Creek,

virais Mussel, se T Big Moccasin stippershell [Creek

dolabellordes Pearymussel, [SE Fe 7 [Copper Creek slabside

percnurum Darter, duskytat SE Fe T [Copper Creek

avipinnis| Madtom, yellowin [ST Fr T [Copper Creek

vince Mussel, SE T Big Moccasin stippershell [Creek

dolabellowdes Pearymussel, [SE FE 7 Big Moccasin slabside Creek,

Tiras Musser SE T [Big Moccasin slippershell Creek.

dolabellowdes Pearymussel, [SE FE v Big Moccasin slabside [Creek

Wirais Musser SE T [Big Moccasin slippershell Creek,

dolabeliowdes: Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek

Nina Musser SE T [Copper Creek slippershel

perpurpurea Bean, Puple [SE Fe T [Copper Creek

10/17/2018 7:46:29 AM

percnurum Darter, duskytail SE FE I Copper Creek

perpurpurea Bean, Purple SE FE I Copper Creek

flavipinnis Madtom, yellowfin ST FT I Copper Creek

percnurum Darter, duskytail SE FE I Copper Creek

viridis Mussel, slippershell

SE I Big Moccasin Creek

dolabelloides Pearlymussel, slabside

SE FE II Big Moccasin Creek

10/17/2018 7:46:29 AM

percnurum Darter, duskytat [SE FE T [Copper Creek perpurpurea Bean, Purple (SE Fe T [Copper Creek [avipinnis Madtom, yellowin [ST Fr T [Copper Creek perenurum Darter, duskyiat [SE Fe T [Copper Creek Iirais user SE T Big Moccasin slippershel Creek, olabeliondes Pearymussel, [SE Fe 7 Big Moccasin slabside [Creek

10/17/2018 7:46:29 AM

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Virginia Field Office 6669 Short Lane

Gloucester, VA 23061

  Date:

Self-Certification Letter

Project Name:

Dear Applicant:

Thank you for using the U.S. Fish and Wildlife Service (Service) Virginia Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. . 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records.

The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. These conclusions resulted in:

critical habitat; and/or

species and/or proposed/designated critical habitat; and/or

-eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016 Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; and/or

eagles.

10/17/2018

0613-083-23127479

dennis.sanders Typewritten Text 0613-083-23127479 - Permit # 19-4001-Russell County - Mayes Branch

0613-083-23127479 - Permit # 19-4001-Russell County - Mayes Branch

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Virginia Field Office 6669 Short Lane Gloucester, VA 23061

Date: 10/17/2018 Self-Certification Letter

Project Name: 0613-083-23127479

Dear Applicant:

Thank you for using the U.S. Fish and Wildlife Service (Service) Virginia Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 USS.C. . 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records.

The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. These conclusions resulted in:

‘© “no effect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or

fect, likely to adversely affect” determination for the Northern long-eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016 Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; and/or

¢ “no Eagle Act permit required” determinations for eagles

Applicant Page 2

We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the

ot likely to adversely

itional coordination with this office is not

needed.

Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species.

Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year.

Information about the online project review process including instructions and use, species information, and other information regarding project reviews within Virginia is available at our website http://www.fws.gov/northeast/virginiafield/endspecies/project_reviews.html. If you have any questions, please contact Troy Andersen of this office at (804) 824-2428.

Sincerely,

Cindy Schulz Field Supervisor Virginia Ecological Services

Enclosures - project review package

Applicant Page 2

We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the “no effect” or “not likely to adversely affect” determinations for proposed and listed species and proposed and designated critical habitat; the “may affect” determination for Northern long-eared bat; and/or the “no Eagle Act

permit required” determinations for eagles. Additional coordination with this office is not needed.

Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact, this office for additional coordination if your project action area contains candidate species.

Information about the online project review process including instructions and use, species information, and other information regarding project reviews within Virginia is available at our website http://www .fws.gov/northeast/virginiafield/endspecies/project_reviews.html. If you have any questions, please contact Troy Andersen of this office at (804) 824-2428.

Sincerely,

nti be dchuaAy Cindy Schulz

Field Supervisor Virginia Ecological Services

Enclosures - project review package

United States Department of the Interior

FISH AND WILDLIFE SERVICE Virginia Ecological Services Field Office

6669 Short Lane

Gloucester, VA 23061-4410

Phone: (804) 693-6694 Fax: (804) 693-9032

http://www.fws.gov/northeast/virginiafield/

In Reply Refer To:

Consultation Code: 05E2VA00-2018-SLI-3722

Event Code: 05E2VA00-2019-E-00622

Project Name: 0613-083-23127479

Subject: Updated list of threatened and endangered species that may occur in your proposed

project location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as

well as proposed and final designated critical habitat, that may occur within the boundary of your

proposed project and/or may be affected by your proposed project. The species list fulfills the

requirements of the U.S. Fish and Wildlife Service (Service) under section 7© of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Any activity

proposed on National Wildlife Refuge lands must undergo a ‘Compatibility Determination’

conducted by the Refuge. Please contact the individual Refuges to discuss any questions or

concerns.

New information based on updated surveys, changes in the abundance and distribution of

species, changed habitat conditions, or other factors could change this list. Please feel free to

federally proposed, listed, and candidate species and federally designated and proposed critical

habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the

Act, the accuracy of this species list should be verified after 90 days. This verification can be

completed formally or informally as desired. The Service recommends that verification be

completed by visiting the ECOS-IPaC website at regular intervals during project planning and

implementation for updates to species lists and information. An updated list may be requested

through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the

ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the

Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to

utilize their authorities to carry out programs for the conservation of threatened and endangered

October 17, 2018

http://www.fws.gov/northeast/virginiafield/ United States Department of the Interior FISH AND WILDLIFE SERVICE

Virginia Ecological Services Field Office 6669 Short Lane Gloucester, VA 23061-4410 Phone: (804) 693-6694 Fax: (804) 693-9032 htipv/Awww.fws,gov/northeast/vir 1d

In Reply Refer To: October 17, 2018 Consultation Code: 0SE2VA00-2018-SLI-3722

Event Code: 0SE2VA00-2019-E-00622

Project Name: 0613-083-23127479

Subject: Updated list of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concer:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7© of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 ef seq.). Any activity proposed on National Wildlife Refuge lands must undergo a ‘Compatibility Determination! conducted by the Refuuge. Please contact the individual Refuges to discuss any questions or concerns.

‘New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat, Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the ‘Act and its implementing regulations (50 CFR 402 et seg.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered

10/17/2018 Event Code: 05E2VA00-2019-E-00622 2

species and to determine whether projects may affect threatened and endangered species and/or

designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having

similar physical impacts) that are major Federal actions significantly affecting the quality of the

human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

©). For projects other than major construction activities, the Service suggests that a biological

evaluation similar to a Biological Assessment be prepared to determine whether the project may

affect listed or proposed species and/or designated or proposed critical habitat. Recommended

contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that

listed species and/or designated critical habitat may be affected by the proposed project, the

agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service

recommends that candidate species, proposed species and proposed critical habitat be addressed

within the consultation. More information on the regulations and procedures for section 7

consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require

development of an eagle conservation plan (http://www.fws.gov/windenergy/

eagle_guidance.html). Additionally, wind energy projects should follow the wind energy

guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and

bats.

Guidance for minimizing impacts to migratory birds for projects including communications

towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://

www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://

www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/

comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project

planning to further the purposes of the Act. Please include the Consultation Tracking Number in

the header of this letter with any request for consultation or correspondence about your project

that you submit to our office.

Attachment(s):

▪ Official Species List

▪ USFWS National Wildlife Refuges and Fish Hatcheries

10/17/2018, Event Code: 05E2VA00-2019-E-00622 2

species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (©)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the “Endangered Species Consultation Handbook” at:

http://www. fws. gov/endangered/esa-library/pdf/TOC-GLOS. PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 ef seq.), and projects affecting these species may require development of an eagle conservation plan (http://www. fws,gov/windenergy/ eagle_guidance.html), Additionally, wind energy projects should follow the wind energy guidelines (http://www. fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (¢.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fwws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:/ www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html.

We appreciate your concer for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

Official Species List
USFWS National Wildlife Refuges and Fish Hatcheries

10/17/2018 Event Code: 05E2VA00-2019-E-00622 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the

requirement for Federal agencies to "request of the Secretary of the Interior information whether

any species which is listed or proposed to be listed may be present in the area of a proposed

action".

This species list is provided by:

Virginia Ecological Services Field Office

6669 Short Lane

Gloucester, VA 23061-4410

(804) 693-6694

10/17/2018, Event Code: 05E2VA00-2019-E-00622

Official Species List

This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to “request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action”

This species list is provided b;

Virginia Ecological Services Field Office 6669 Short Lane

Gloucester, VA 23061-4410

(804) 693-6694

10/17/2018 Event Code: 05E2VA00-2019-E-00622 2

Project Summary Consultation Code: 05E2VA00-2018-SLI-3722

Event Code: 05E2VA00-2019-E-00622

Project Name: 0613-083-23127479

Project Type: TRANSPORTATION

Project Description: Highpoint AHQ’s proposes to replace 3 lines of 24"x60’ along Mayes

Branch. The pipes will be replaced with a DBL of 48"x60’ arch pipe

(metal pipe). One line will be countersunk 6". To conduct work in the dry,

a sandbag cofferdam will be installed and all water will be pumped

around the work area. Any water seeping into the work area will be

pumped into a filter bag prior to discharge. No tree removal. Mendota

Quad.

Project Location:

Approximate location of the project can be viewed in Google Maps: https://

www.google.com/maps/place/36.74003620695995N82.32492962984702W

Counties: Russell, VA

https://www.google.com/maps/place/36.74003620695995N82.32492962984702W https://www.google.com/maps/place/36.74003620695995N82.32492962984702W 10/17/2018, Event Code: 05E2VA00-2019-E-00622

Project Summary Consultation Code: ~0S5E2VA00-2018-SLI-3722

Event Code: 0SE2VA00-2019-E-00622 Project Name: 0613-083-23127479 Project Type: TRANSPORTATION

Project Description: Highpoint AHQ’s proposes to replace 3 lines of 24"x60" along Mayes Branch. The pipes will be replaced with a DBL of 48"x60! arch pipe (metal pipe). One line will be countersunk 6". To conduct work in the dry, a sandbag cofferdam will be installed and all water will be pumped around the work area. Any water seeping into the work area will be pumped into a filter bag prior to discharge. No tree removal. Mendota Quad.

Project Location: ‘Approximate location of the project can be viewed in Google Maps: https://

www.google.com/maps/place/36.74003620695995N82.32492962984702W

Neade Branen

ood

Counties: Russell, VA

10/17/2018 Event Code: 05E2VA00-2019-E-00622 3

Endangered Species Act Species There is a total of 19 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include

species that exist in another geographic area. For example, certain fish may appear on the species

list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA

Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the

Department of Commerce.

See the “Critical habitats” section below for those critical habitats that lie wholly or partially

within your project area under this office’s jurisdiction. Please contact the designated FWS office

if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an

office of the National Oceanic and Atmospheric Administration within the Department of

Commerce.

Mammals NAME STATUS

Gray Bat Myotis grisescens No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6329

Endangered

Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/5949

Endangered

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9045

Threatened

https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/6329 https://ecos.fws.gov/ecp/species/5949 https://ecos.fws.gov/ecp/species/9045 10/17/2018, Event Code: 05E2VA00-2019-E-00

Endangered Species Act Species

There is a total of 19 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries}, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the “Critical habitats” section below for those critical habitats that lie wholly or partially within your project area under this office’s jurisdiction. Please contact the designated FWS office if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of

Commerce. Mammals NAME STATUS Gray Bat Myotis grisescens Endangered 'No critical habitat has been designated for this species. Species profile: hups://ecos.fws,gov/ecpspecies/6329 Indiana Bat Myotis sodalis Endangered

‘There is final critical habitat for this species. Your location is outside the critical habitat, Species profile: https://ecos.fws.gov/eep/species!5949

Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos,fws,gov/ecp/species/9045

10/17/2018 Event Code: 05E2VA00-2019-E-00622 4

Fishes NAME STATUS

Yellowfin Madtom Noturus flavipinnis Population: U.S.A. (TN, VA-specified portions of the Holston River and watershed; see 17.84(e)

(1)(i))

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/8565

Experimental

Population,

Non-

Essential

Yellowfin Madtom Noturus flavipinnis Population: Wherever found, except where listed as an experimental population

There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/8565

Threatened

https://ecos.fws.gov/ecp/species/8565 https://ecos.fws.gov/ecp/species/8565 10/17/2018, Event Code: 05E2VA00-2019-E-00622

Fishes

NAME STATUS

Yellowfin Madtom Noturus flavipinnis Experimental Population: U.S.A. (TN, VA-specitied portions of the Holston River and watershed: see 17.84(e) Population, 0) Non- No critical habitat has been designated for this species. Essential Species profile: https://ecos.fws.gov/ecp/species/ 8565 °

Yellowfin Madtom Noturus flavipinnis Threatened

Population: Wherever found, ‘There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: hntps/ecos.fws.goviecp species 8565

-pt where listed as an experimental population

10/17/2018 Event Code: 05E2VA00-2019-E-00622 5

Clams NAME STATUS

Birdwing Pearlymussel Lemiox rimosus Population: Wherever found; Except where listed as Experimental Populations

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6636

Endangered

Cumberland Bean (pearlymussel) Villosa trabalis Population: Wherever found; Except where listed as Experimental Populations

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6061

Endangered

Cumberland Monkeyface (pearlymussel) Quadrula intermedia Population: Wherever found; Except where listed as Experimental Populations

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6999

Endangered

Cumberlandian Combshell Epioblasma brevidens Population: Wherever found; Except where listed as Experimental Populations

There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/3119

Endangered

Finerayed Pigtoe Fusconaia cuneolus Population: Wherever found; Except where listed as Experimental Populations

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/3038

Endangered

Fluted Kidneyshell Ptychobranchus subtentum There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/1397

Endangered

Littlewing Pearlymussel Pegias fabula No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/2572

Endangered

Oyster Mussel Epioblasma capsaeformis Population: Wherever found; Except where listed as Experimental Populations

There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/2099

Endangered

Purple Bean Villosa perpurpurea There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/4125

Endangered

Rough Rabbitsfoot Quadrula cylindrica strigillata There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/5629

Endangered

https://ecos.fws.gov/ecp/species/6636 https://ecos.fws.gov/ecp/species/6061 https://ecos.fws.gov/ecp/species/6999 https://ecos.fws.gov/ecp/species/3119 https://ecos.fws.gov/ecp/species/3038 https://ecos.fws.gov/ecp/species/1397 https://ecos.fws.gov/ecp/species/2572 https://ecos.fws.gov/ecp/species/2099 https://ecos.fws.gov/ecp/species/4125 https://ecos.fws.gov/ecp/species/5629 10/17/2018, Event Code: 05E2VA00-2019-E-00622

Clams NAME STATUS Birdwing Pearlymussel Lemiox rimosus Endangered

Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species.

Species profile: hntps/ecos.fws.goviecp/species/6636

Cumberland Bean (pearlymussel) Villosa trabalis Endangered Population: Wherever found; Except where listed as Experimental Populations ‘No critical habitat has been designated for this species. Species profile: htips://ecos.fiws.gov/ecp/species/6061

Cumberland Monkeyface (pearlymussel) Quadrula intermedia Endangered Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/eep/species/6999

‘Cumberlandian Combshell Epioblasma brevidens Endangered Population: Wherever found; Except where listed as Experimental Populations ‘There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: hntps//ecos.fws.gowecp/species/3119 Finerayed Pigtoe Fusconaia cuneolus Endangered

Population: Wherever found; Except where listed as Experimental Populations ‘No critical habitat has been designated for this species. Species profile: https:/ecos.fwws.gov/ecp/species/3038

Fluted Kidneyshell Prychobranchus subtentum Endangered ‘There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws,gow/ecp/species!1397

Littlewing Pearlymussel Pegias fabula Endangered

No critical habitat has been designated for this species. Species profile: https:/ecos.fwws.gov/eep/species/2572

Oyster Mussel Epioblasma capsaeformis Endangered Population: Wherever found; Except where listed as Experimental Populations ‘There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: tpsu/ecos.fws.govlecp/species/2099 Purple Bean Villosa perpurpurea Endangered

‘There is final critical habitat for this species. Your location is outside the critical habitat, Species profile: https:/ecos.fwws.gov/ecp/species/4125

Rough Rabbitsfoot Quadrula cylindrica strigillata Endangered ‘There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: htips://ecos.fiws.gov/ecp/species/5629

10/17/2018 Event Code: 05E2VA00-2019-E-00622 6

NAME STATUS

Shiny Pigtoe Fusconaia cor Population: Wherever found; Except where listed as Experimental Populations

No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/2573

Endangered

Slabside Pearlymussel Pleuronaia dolabelloides There is final critical habitat for this species. Your location is outside the critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/1518

Endangered

Snuffbox Mussel Epioblasma triquetra No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/4135

Endangered

Spectaclecase (mussel) Cumberlandia monodonta No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7867

Endangered

Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE’S JURISDICTION.

https://ecos.fws.gov/ecp/species/2573 https://ecos.fws.gov/ecp/species/1518 https://ecos.fws.gov/ecp/species/4135 https://ecos.fws.gov/ecp/species/7867 10/17/2018, Event Code: 05E2VA00-2019-E-00622 6

NAME STATUS

Shiny Pigtoe Fusconaia cor Endangered Population: Wherever found; Except where listed as Experimental Populations No critical habitat has been designated for this species. Species profile: hitps://evos.fws.gov/eep/species/2573

Slabside Pearlymussel Pleuronaia dolabelloides Endangered ‘There is final critical habitat for this species. Your location is outside the critical habitat,

Species profile: htips://ecos,fws,gov/ecp/species! 1518

Snufibox Mussel Epioblasma triquetra Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4135_

Spectaclecase (mussel) Cumberlandia monodonta Endangered

No critical habitat has been designated for this species. Species profile: https:/ecos.fws.gov/eep/species/7867

Critical habitats

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE’S JURISDICTION.

10/17/2018 Event Code: 05E2VA00-2019-E-00622 1

USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a

‘Compatibility Determination’ conducted by the Refuge. Please contact the individual Refuges to

discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

http://www.fws.gov/refuges/ 9-E-00622

10/17/2018, Event Code: 0SE2VA00-2

USFWS National Wildlife Refuge Lands And Fish

Hatcheries

Any activity proposed on lands managed by the National Wildlife Refuge ‘Compatibility Determination’ conducted by the Refuge. Please contact the individual Refuges to

discuss any questions or concerns.

tem must undergo a

THIN YOUR PROJECT AREA.

THERE ARE NO REFUGE LANDS OR FISH HATCHERI|

Species Conclusions Table

Name: 0613-083-23127479

Date: 10/17/2018 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation

Birdwing pearlymussel - Conradila caelata No suitable habitat present No effect Riffle-dwelling usually occurs in moderate to fast-flowing water of shallow to moderate depth (2.0m). Resides in stable, silt-free substrata of mixed particle sizes ranging from sand to cobble. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Cumberland bean - Villosa tribalis No suitable habitat present No effect Inhabits small rivers & streams in fast riffles with gravel or sand & gravel substrate. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles.
All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Cumberland monkeyface - Quadrula intermedia No suitable habitat present No effect Occurs in fast waters of riffles and runs of small to mid-sized river. Project is culvert replacement within the footprint of the existing culvert.
Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Cumberlandian combshell - Epioblasma brevidens No suitable habitat present No effect Occurs in clean gravel shoals & riffles of medium-sized streams. Is not associated with small stream habitats. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Finerayed pigtoe - Fusconaia cuneolus No suitable habitat present No effect Usually inhabits ford and shoal areas of rivers with moderate gradient.
Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

‘Species Conclusions Table

Name: 0613-083-23127479

Date: 10/17/2018 [Species / Resource Name

[conclusion

|ESA Section 7 | Eagle Act Determination

[Notes ! Documentation

Birdwing pearussel- Cnradlacaeala

‘No sutable habitat present

No effect

Rfe-dweting usualy occurs in moderate to fast-fowing water ofshalow {io moderate depth (2.0m). Resides i stable, sire substrata of mixed pate sizes ranging trom sand to cobble, Projet is culvert replacement within the footprint ofthe existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All wrk wil be done in Ihe dry by using non-erodiblecofferdams to diver the stream laround the work area,

‘Cumberland bean -Vilosatibals

TNo sutable habitat present

No effect

inhabits smal vers & streams fas fies wih gravel or sand & gravel

substrate. Projet is culver replacement within the footprint of the

[existing culvert. Mayes Branch has drainage area of 0.75 sq miles.

|All work will be done in the dry by using non-erodible cofferdams to fer the stream around the work area

Cumberand monkeyface Quadnua intermedia

Tio aulabie habiat prevent

Noetect

[Occurs in fast waters of rifles and rans of smal io mit-sized river. Project is culver replacement within the footprint ofthe existing culver. Mayes Branch has drainage area of 0.75 sq miles. All work wll be |done in the dry by using non-erodible cofferdams to divert the [stream around the work area.

‘Cumberiandian combshel -Epicblasma brevidens

TNo sutable habitat present

No efiect

[Ocarsn dean gravel shoal & rifles of medun-aaed seams, 1s not [associated wih smal steam habias. Projet is culvert replacement |wthin the footprint ofthe existing culvert. Mayes Branch has. [drainage area of 0.75 sq miles. All work wil be done in the dry by using non-erodible cofferdams to divert the stream around the work

Finerayed pgioe-Fusconaia cuneous

Tio aulabie habiat prevent

Noetect

sally inhabits ford and shoal areas of rivers with moderate gradient Project is culvert replacement within the footprint of the existing |cuvert. Mayes Branch has drainage area of 0.75 sq miles. All work |wll be done inthe cry by using non-erodible cofferdams to divert the stream around the work are

Fluted Kidneyshell - Ptychobranchus subtentum No suitable habitat present No effect Inhabits small to medium rivers in areas with swift current or riffles. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Littlewing pearlymussel - Pegias fabula No suitable habitat present No effect Found in high-gradient tributary streams. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. Stream in is area is low gradient due to being so close to conflucence. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Oyster mussel - Epioblasma capsaeformis No suitable habitat present No effect Inhabits riffle & shoal areas of small to medium sized streams, found in fine to course gravel & in pocket of gravel between bedrock ledges in areas of swift-current. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Purple bean - Villosa perpurpurea No suitable habitat present No effect Restricted to headwater streams and found in moderate to fast-flowing water in clean-swept sand, gravel and cobble. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Rough rabbitsfoot - Quadrula cylindrica strigillate No suitable habitat present No effect Occurs in swift streams with gravel bottoms and moderate current.
Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Shiny pigtoe - Fusconaia cor No suitable habitat present No effect Occurs at fords, shoals and other relatively shallow areas with moderate to fast currents. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Flited Kdneyshell Piyehobranchus subtentum

Tio aulable habiat present

Noetect

nats smal to medium rivers ih areas with sift curen ries. Project is culver replacement within the footprint ofthe existing lculvert. Mayes Branch has drainage area of 0.75 sqmiles. All work [will be done inthe dry by using non-erodible cfferdams to divert Ihe stream around the work a

Titlaving pearymassel- Pegiasfabula

TNo sutable habia present

No effect

Foand in high-racientrbtary seams. Projects culvert replacement |wthin the footprint ofthe existing culvert. Mayes Branch has ldrainage area of 0.75 sq miles. Stream in is areas low gradient due {to being so close to conflucence. All work willbe done inthe dry by using non-rodible cofferdams to divert the stream around the work area

‘Oyster mussel -Epinblasma capsaefomis

Tio aulable habia prevent

Noetect

nabs fe & shoal areas of small to medium sized steams, foundin fine to course gravel & in pocket of gravel between bedrock ledges in lateas of swit-curent. Projects culvert replacement within the lrootprnt ofthe existing culvert. Mayes Branch has drainage area of [0.75 sq miles. All work willbe done in the dry by using non-erodible |cofferdams to divert the stream around the work area,

Purple bean - Vilosa perpurpurea

Tio aulable habia present

Noefect

Resiied to headwaler Seams and found in moderato fast Towing |waterin dlean-swept sand, gravel and cobble, Project is culvert replacement within the footprint ofthe existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in Ihe dry by using non-erodible cofferdams to diver the stream laround the work area,

Rough rabbisoot - Quad eyinica stile

TNo sutable habitat present

No effect

[Occurs in swt streams wih gravel bottoms and moderate current Project is culvert replacement within the footprint of the existing lcuvert. Mayes Branch has drainage area of 0.75 sq miles. All work |will be done inthe dry by using non-erodibe cofferdams to divert the stream around the work area,

‘Shiny pigioe = Fusconala cor

Tio aulabie habiat prevent

Noetect

[Occurs at fords, shoals and other relavely shalow areas wit moderate {to fast currents. Project is culvert replacement within the footprint of Ihe existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work willbe done inthe dry by using non-erodible |coferdams to divert the stream around the work area,

Slabside pearlymussel - Lexingtonia dolabelloides No suitable habitat present No effect Resides in shoal and riffle habitats of intermediate-sized streams, characterized by moderate to fast flowing water. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Snuffbox mussel - Epioblasma triquetra No suitable habitat present No effect Prefers swiftly flowing water, found in clean gravel shoals & riffles of medium-sized to large streams. Reported in riffles with sandy or stony bottoms, often buried deeply in the sand. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Spectaclecase - Cumberlandia monodonta No suitable habitat present No effect Occurs in clean, free-flowing rivers, often imbedded at the base of large boulders or along cracks in ledges, prefers stable bottom with large cobble or boulders. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq miles.
All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Yellowfin madtom - Noturus flavipinnis No suitable habitat present No effect Occurs in unpolluted medium-sized to large creeks to small rivers with moderate to gentle gradient. This population is Experimental - non- Essential. Project is culvert replacement in second order stream with a drainage area of 0.75 square miles. All work will be done in the dry by using non-erodible cofferdams to divert the stream around the work area.

Gray bat - Myotis grisescen No suitable habitat present No effect With rare exceptions, lives in caves year-round. In winter hibernates in deep vertical caves & in summer roost in caves scattered along rivers. No caves are within project area and No trees will be cut No structures will be impacted. No evidence of bat use was found within project area.

Indiana bat - Myotis sodalis Suitable habitat present, species not present

Not likely to adversely affect Uses cave/ occasionally abandoned mine hibernacula. Summer habitat is wooded areas, usually roost under loose tree bark on dead or dying trees. No caves or mines are within the project area. No trees will be cut.
No structures will be impacted. No evidence of bat use was found within the project area.

‘Slabside pearhmussel-Lexnglonia dolabellides

Tio aulable habiat present

Noetect

Resides in shoal and ile hablats of termediate-szed seams, [characterized by moderate o fast flavng water. Project is culvert replacement within the footprint ofthe existing culvert. Mayes Branch has drainage area of 0.75 sq miles. All work will be done in Ihe dry by using non-erodiblecofferdams to diver the stream laround the work area,

‘Shufoox mussel - Epioblasma iaueta

TNo sutable habitat present

No effect

Prefers awily Toning water, ound hn clean gravel shoals & fies of Imecium-sized to large streams. Reported in rifles with sandy r stony botims, often buried deeply inthe sand. Project is culvert replacement |ithin the footprint ofthe existing culvert. Mayes Branch has. [drainage area of 0.75 sq miles. All wok will be done in the dry by using non-erodible cofferdams to divert the stream around the work

‘Spectadecase - Cunberlanda ronodonta

Tio aulable habia prevent

Noetect

[Occurs in dean, fee owing rivers, often imbedded athe base oflarge boulders or along cracks in ledges, prefers stable bottom with arge cobble lorboulders. Project is culvert replacement within the footprint of the existing culvert. Mayes Branch has drainage area of 0.75 sq mile. |All work will be done inthe dry by using non-erodible cofferdams to [divert the stream around the work area

Yellowfin madtom- Noturis favpinnis

TNo sutable habia present

No effect

[Occurs in unpolvted medium Sted to large creeks fo smal rivers wih moderate to gente gradient. This population Experimental -non- Essential. Project is culvert replacement in second order stream with la drainage area of 0.75 square miles. All work wll be done inthe dry by using non-erodiblecoterdams to divert the stream around the work ares,

(Gray bat- Myotis grisescen

Tio aulable habia present

Noefect

[Wh rare exceptions, Ives in caves year-zound. in winter hibernaes in |deep vertical caves & in summer rostin caves scattered along rivers, No |caves are within project area and No trees willbe cut No structures |wll be impacted. No evidence of bat use was found within project

Tndlana bat - Myotis sodas

‘Stable abil present, species not present

Nataly to adversoly affect

Uses cavel occasional abandoned mine nibemacula. Sumer habiat |ncoded areas, usual roost under loose tee bark on dead or ding tees. No caves or mines are within the project area. No trees willbe cut. No structures wil be impacted. No evidence of bat use was found jwithin the project area,

Northern Long-eared Bat - Myotis septentrionalis Suitable habitat present, species not present

Not likely to adversely affect Uses caves & cave-like structures (such as abandoned or active mines, railroad tunnels) in winter. Summer roost is underneath bark, crevices or hollows fo both live and dead trees and/or snags (typically >3" dbh). Have been seen rossing in barns, sheds and sometime bridges and bat houses.
There are no caved or buildings on this project. No trees will be cut.
No structures will be impacted. No evidence of bat use was found within the project area.

Eagles

Eagle Nests Unlikely to disturb nesting bald eagles No Eagle Act permit required

Eagle Concentration Areas Does not intersect with bald eagle concentration area No Eagle Act permit required

Critical Habitat Critical Habitat No critical habitat present No effect Other (other species not listed above or required coordination for NOAA, DCR, & VDGIF)

No suitable habitat present No effect

Torther Long-eared Bat - Myotis sepentronals

‘Suitable habit present, species not present

Nol ikaly to adversoly affect,

Uses caves & caveke structures (suchas abandoned or acive mines, airoad tunnels) in winter, Summer rost is undemeath bark, cevces or holows fo both ve and dead tres andor snags typicaly>3" doh, Have bean seen rossing in barns, sheds and sometime bridges and bat houses. [There are no caved or buildings on tis project. No trees will be cut No structures wil be impacted. No evidence of bat use was found |within th project are

Eagles

[Eagle Nests | Untkely to disturb nesting bald eagles _|No Eagle Act permit required [Does not intersect with bald eagle

|Eagle Concentration Areas lconcentaton area No Eagle Act permit required

[critical Habitat

[Critcal Habitat [No citical habitat present No effect

[Other (other species not listed above or required coordination for NOAA, DCR, & VOGIF)

‘No sulable habitat present

Noeffect

10/17/2018 IPaC: ESA De1ennination key interview-0613-083-23127479

IPaC U.S. Fish & Wildlife Service

Last login October 16, 2018 12:55 PM MDT

Endangered species review EVALUATING: FHWA, FRA, FTA PROGRAMMATIC CONSULTATION FOR TRANSPORTATION PROJECTS AFFECTING

NLEB OR INDIANA BAT

Qualification interview The following questions will determine whether this key applies to your project and provide guidance to help you make appropriate determinations for the species covered by this key.

Is the project within the range of the Indiana bat[1l?

[1] See Indiana bat SP-ecies P-rofile

~ Automatically answered

Yes

Is the project within the range of the Northern long-eared bat[11?

[1] See Northern long-eared bat SP-ecies P-rofile

~ Automatically answered

Yes

Which Federal Agency is the lead for the action?

0 D) Other

EVALUATION PROGRESS

001

002

003

Your project is outside of the scope of the programmatic consultation for this key because it only covers projects where FHWA, FRA, and/or FTA are the lead Federal agency. Please contact the appropriate U.S. Fish and Wildlife Service office for additional assistance with your project.

https://ecos.fws.gov/ipac/projecUHUBIGHQ6WEONMTZ2VRE63PUAM/detenninationKeys/begin?dkeyld=501750 1/1

so/r72018 |IPaC: ESA Determination key intorview - 0613-083-23127479

IPac U.S. Fish & Wildlife Service

Last login October 16, 2018 12:55 PM MDT

Endangered species review

EVALUATING: FHWA, FRA, FTA PROGRAMMATIC CONSULTATION FOR TRANSPORTATION PROJECTS AFFECTING NLEB OR INDIANA BAT.

Qualification interview

The following questions will determine whether this key applies to your project and provide guidance to help you make appropriate determinations for the species covered by this key.

Is the project within the range of the Indiana bat!"J7 001 [1] See Indiana bat species profile

(& Automatically answered Yes

Is the project within the range of the Northern long-eared bat!"I7 002 [1] See Northern long-eared bat species profile

©& Automatically answered Yes

Which Federal Agency is the lead for the action? 003

@ D) Other EVALUATION PROGRESS

/itps:/fecos. ws. govlipac/projecUHUBIGHG6VVEONMTZ2VRE63PUAM/determinationKeys/begin?dkeyld=501750 wn

Commonwealth of Virginia ~ Depa

0 rtment of Conservation and Recreation

~—M_E_M __ RA __ N_D_U_M ________________ __ TO: Dennis Sanders, VDOT

FR.OM:

DATE:

SUBJECT:

Barbara Gregory, DCR-DNH

November 16, 2018

0613-083-23127479 Due November 16, 2018

The Department of Conservation and Recreation (DCR) has searehed its Biotics Data System for occurrences of natural heritage resomces from the area outlined on the submitted map. Natural heritage resoun:es are defuied as 1he habitat of me, thieatened, or endangered plant and animal species, unique or exemplary natural communities, and significant geologic formations.

According to the information currently in our tiles, the Big Moccasin Creek - Mayes Branch Stream Conservation Unit (SCU) is located within the project site and the Big Moccasin Creek - Sayler Branch SCU is located downstream from the project site. SCUs identify stream reaches that <lOllta.in aquatic natural heritage resources, in.eluding 2 miles upstream and 1 mile downstream of documented occurrences, and all ttibutaries within this reach. SCUs are given a biodiversity significance ranking based on the rarity, quality, and number of element occurrences they contain; on a scale of 1-S, 1 being most significant The Big Moccasin Creek-Mayes Brauch and The Big Moccasin Creek - Sayler Brauch SCUs have been given a biodiversity significance ranking of 83, which represents a site of high significam:e. The natural heritage resources of concem associated with these SCUs are:

Pleuronai.a bamesi.ana Pleuronai.a dolabelloides Pleurobema oviforme

Tennessee pigtoe Slabside pearlymussel Tennessee clubshell

G2C13/S2/S~ G2/S2/LE/LE G2G3/S2S3/S~

The Tennessee pigtoe is a freshwater mussel which occun in the Cumberland regions of the Tmmcssee River in Tennessee, Alabama, and Virginia (NatureServe, 2009). In Virginia, there are records from the Clinch. Powell, and Holston drainages (NatureServe, 2009). Please note this species is designated as a species of concern by the United States Fish and Wildlife Service (USFWS).

The Slabside pearlymussel is known from the Cumberland and Tennessee River systems. It is generally found in shallow riftles in creeks to large rivers with moderate cunent. The Slabside pearlymussel is threatened by impoundment, stream channel alterations, and sedimentation (Natu.reServe, 2009). This species is currently classified as endangem.t by the USFWS and thieatened by the Virginia Deparbnent of Game and Inland Fisheries (VDGIF).

The Tennessee clubshell is a freshwater mussel currently found in the Tennessee River drainage (NatureServe, 2009). In Virginia, it is known ftom the Powell, Clinch. and Holston River drainages. It is typically found in small, very shallow streams and rivers with good current and a substrate of coarse gravel and sand (Parmalee and Bogan, 1998). Please note that this species is currently classified as a species of concern by the USFWS; however this designation has no official legal status.

Considered good mdicators of 1he health of aquatic ecosystems, freshwater mussels are dependent on good water quality, good physical habitat conditions, and an environment that will support populations of

Commonwealth of Virginia <@, Department of Conservation and Recreation == MEMORANDUM

TO: Dennis Sanders, VDOT FROM: ‘Barbara Gregory, DCR-DNH DATE: November 16, 2018

SUBJECT: — 0613-083-23127479 ‘Due November 16, 2018

‘The Department of Conservation and Recreation (DCR) has searched its Biotics Data System for ‘occurrences of natural heritage resources from the area outlined on the submitted map. Natural heritage resources are defined as the habitat of rare, threatened, or endangered plant and animal species, unique or exemplary natural communities, and significant geologic formations.

According to the information currently in our files, the Big Moccasin Creek — Mayes Branch Stream Conservation Unit (SCU) is located within the project site and the Big Moccasin Creek — Sayler Branch SCU is located downstream from the project site. SCUs identify stream reaches that contain aquatic natural heritage resources, including 2 miles upstream and 1 mile downstream of documented ‘occurrences, and all tributaries within this reach. SCUs are given a biodiversity significance ranking based on the rarity, quality, and number of element occurrences they contain; on a scale of 1-5, 1 being most significant. The Big Moccasin Creek — Mayes Branch and The Big Moccasin Creek — Sayler Branch SCUs have been given a biodiversity significance ranking of B3, which represents a site of high significance. The natural heritage resources of concem associated with these SCUs are:

Pleuronaia barnesiana Tennessee pigtoe G2G3/SUSOC/NL Pleuronaia dolabelloides Slabside pearlymussel G2/S2/LE/LE Pleurobema oviforme Tennessee clubshell G2G3/S283/SOC/NL

‘The Tennessce pigtoe is a freshwater mussel which occurs in the Cumberland regions of the Tennessce River in Tennessee, Alabama, and Virginia (NatureServe, 2009). In Virginia, there are records from the Clinch, Powell, and Holston drainages (NatureServe, 2009). Please note this species is designated as a species of concern by the United States Fish and Wildlife Service (USFWS).

‘The Slabside pearlymussel is known from the Cumberland and Tennessee River systems. It is generally found in shallow riffles in creeks to large rivers with moderate current. The Slabside pearlymussel is threatened by impoundment, stream channel alterations, and sedimentation (NatureServe, 2009). This species is currently classified as endangered by the USFWS and threatened by the Virginia Department of Game and Inland Fisherics (VDGIF).

‘The Tennessee clubshell is a freshwater mussel currently found in the Tennessee River drainage (NatureServe, 2009), In Virginia, it is known from the Powell, Clinch, and Holston River drainages. Itis typically found in small, very shallow etreams and rivers with good current and a eubstrate of coarse gravel and sand (Parmalee and Bogan, 1998). Please note that this species is currently classified as a species of concer by the USFWS; however this designation has no official legal stams.

host fish species (Williams et al., 1993). Because mussels are sedentary organisms, they are sensitive to water quality degradation related to increased sedimentation and pollution. They are also sensitive to habitat destruction through dam construction, channelization, and dredging, and the invasion of exotic mollusk species.

In addition, Big Moccasin Creek has been designated by the VDGIF as a “Threatened and Endangered Species Water” for the Slabside pearlymussel and Slippershell mussel (Alasmidonta viridis, G4G5/S l/NL/LE).

To minimire adverse impacts to the aquatic ecosystem as a result of the proposed activities, DCR recommends the implementation of and strict adherence to applicable state and local erosion and sediment control/storm water management laws and regulations. Due to the legal status of the Slabside pearlymussel and Slippershell mussel, DCR also recommends coordination with the USFWS and VDGIF, Virginia’s regulatory authority for the management and protection of these species to ensure compliance with protected species legislation. DCR supports using a cofferdam and pump and filter to conduct all work in the dry and countersinking the pipe to maintain safe passage for aquatic organisms.

This project is situated on karst-forming carbonate rock and can be characterized by sinkholes, caves, disappearing streams, and large springs. The Virginia DCR karst staff screened this project against the Virginia Speleological Survey (VSS) database and the Virginia DMME sinkhole coverage for documented sensitive karst features and caves. To minimize impacts to karst resources, DCR recommends the stabilization of the soil around the site be prioritized during all the phases of the project and all standard erosion control measures that are appropriate for the site be used.

Ifkarst features such as sinkholes, caves, disappearing streams, and large springs are encountered during the project, please coordinate with Wil Orndorff (540-230-5960, [email protected]) to document and minimize adverse impacts. Discharge of runoff to sinkholes or sinking streams, filling of sinkholes, and alteration of cave entrances can lead to surface collapse, flooding, erosion and sedimentation, groundwater contamination, and degradation of subterranean habitat for natural heritage resources. If the project involves filling or “improvement” of sinkholes or cave openings, DCR would like detailed location information and copies of the design specifications. In cases where sinkhole improvement is for storm water discharge, copies ofVDOT Form EQ-120 will suffice.

For other natural heritage resources including listed species as identified in the Natural Heritage Data Explorer Report generated on October 17, 2018, DCR does not anticipate adverse impacts from the proposed project.

There are no State Natural Area Preserves under DCR’s jurisdiction in the project vicinity.

Many invasive plant species are adapted to take advantage of soil disturbances and poor soil conditions. These adaptations are part of what enable certain species to be invasive. Non-native invasive plants are found through Virginia. Therefore, the potential exists for some VDOT projects to further the establishment of invasive species. To minimize the potential for invasive species infestation, projects should be conducted to minimize the area of disturbance, and disturbed sites should be revegetated with desirable species at the earliest opportunity following disturbance. Equally as important, species used for revegetation should not include the highly invasive species that have traditionally been used for revegetating disturbed sites. We recommend VDOT avoid using crown vetch, tall fescue, and autumn olive if at all possible.

For more information on invasive alien plants and native plants, see the DCR-Division of Natural Heritage website http://www.dcr.virginia.gov/natural-heritage/invspinfo.shtml. For sources of native plant material, see the Virginia Native Plant Society’s website (http://vnps.org) or the U.S. Fish and Wildlife Service nursery list for Virginia (http://www.fws.gov/ChesapeakeBay/BayScapes/bsresources/bs-

host fish species (Williams et al., 1993). Because mussels are sedentary organisms, they are sensitive to ‘water quality degradation related to increased sedimentation and pollution. They are also sensitive to habitat destruction through dam construction, channelization, and dredging, and the invasion of exotic mollusk species.

VDGIF, Virginia’s regulatory authority for the management and protection of these species to ensure compliance with protected species legislation. DCR supports using a cofferdam and pump and filter to conduct all work in the dry and countersinking the pipe to maintain safe passage for aquatic organisms.

This project is situated on karst-forming carbonate rock and can be characterized by sinkholes, caves, disappearing streams, and large springs. The Virginia DCR karst staff screened this project against the Virginia Speleological Survey (VSS) database and the Virginia DMME sinkhole coverage for documented sensitive karst features and caves. To minimize impacts to karst resources, DCR. recommends the stabilization of the soil around the site be prioritized during all the phases of the project and all standard erosion control measures that are appropriate for the site be used.

If karst features such as sinkholes, caves, disappearing streams, and large springs are encountered during the project, please coordinate with Wil Omdorff (540-230-5960, Wil Omdorffaidcr. virginia gov) to document and minimize adverse impacts. Discharge of runoff to sinkholes or sinking streams, filling of sinkholes, and alteration of cave entrances can lead to surface collapse, flooding, erosion and sedimentation, groundwater contamination, and degradation of subterranean habitat for natural heritage resources. Ifthe project involves filling or “improvement” of sinkholes or cave openings, DCR would like detailed location information and copies of the design specifications. In cases where sinkhole improvement is for storm water discharge, copies of VDOT Form EQ-120 will suffice.

‘There are no State Natural Area Preserves under DCR’s jurisdiction in the project vicinity.

For more information on invasive alien plants and native plants, see the DCR-Division of Natural Heritage website http://www.der. virginia ov/natural-heritage/invspinfo,shtml, For sources of native plant material, see the Virginia Native Plant Society’s website (http//vnps.org) or the U.S. Fish and Wildlife Service nursery list for Virginia (http://www. fws.gov/Ch ceBay/Bay urces/bs

nurseries.html).

Under a Memorandum of Agreement established between the Virginia Department of Agriculture and Consumer Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species. The current activity will not affect any documented state-listed plants or insects.

New and updated information is continually added to Biotics. Please re-submit project information and map for an update on this natural heritage information ifthe scope of the project changes and/or six months has passed before it is utilized.

All VDOT projects on state-owned lands must comply with the Virginia Erosion & Sediment Control (ESC) Law and Regulations, the Virginia Stonnwater Management (SWM) Law and Regulations, the most current version of the DCR approved VDOT Annual ESC and SWM Specifications and Standards, and the project-specific ESC and SWM plans. [Reference: VESCL §10.1-560, §10.1-564; VESCR §4V AC50-30 et al; VSWML § 10.1-603 et al; VSWMR §4V AC-3-20 et al].

The VDGIF maintains a database of wildlife locations, including threatened and endangered species, trout streams, and anadromous fish waters that may contain information not documented in this letter. Their database may be accessed from http://vafwis.org/fwis, or contact Ernie Aschenbach at 804-367-2733 or [email protected]. According to the information currently in our files, Copper Creek, which has been designated by the Virginia Department of Game and Inland Fisheries (VDGIF) as a “Threatened and Endangered Species Water”, is within 2 miles of the project area. There are six species associated with the Copper Creek T & E Water. Therefore, DCR recommends coordination with the U.S. Fish and Wildlife Service (USFWS) and Virginia’s regulatory authority for the management and protection of these species, the VDGIF, to ensure compliance with protected species legislation.

Thank you for the opportunity to comment on this project.

Cc: Ernie Aschenbach, VDGIF Troy Andersen, USFWS Wil Orndorff, DCR-Karst

nurseries.html).

New and updated information is continually added to Biotics. Please re-submit project information and ‘map for an update on this natural heritage information if the scope of the project changes and/or six ‘months has passed before itis utilized.

All VDOT projects on state-owned lands must comply with the Virginia Erosion & Sediment Control (ESC) Law and Regulations, the Virginia Stormwater Management (SWM) Law and Regulations, the ‘most current version of the DCR approved VDOT Annual ESC and SWM Specifications and Standards, and the project-specific ESC and SWM plans. (Reference: VESCL §10.1-560, §10.1-564; VESCR. §4VAC50-30 et al, VSWML §10.1-603 et al; VSWMR §4VAC-3-20 et al].

Emie.Aschenbach@dgif virginia gov. According to the information currently in our files, Copper Creek, which has been designated by the Virginia of Game and Inland Fisheries (VDGIF) as a

“Threatened and Endangered Species Water”, is within 2 miles of the project area. There are six species associated with the Copper Creck T & E Water. Therefore, DCR recommends coordination with the U.S. Fish and Wildlife Service (USFWS) and Virginia’s regulatory authority for the management and

protection of these species, the VDGIF, to ensure compliance with protected species legislation.

‘Thank you for the opportunity to comment on this project.

Ce: Emie Aschenbach, VDGIF ‘Troy Andersen, USFWS ‘Wil Omdorff, DCR-Karst

Literature Cited

NatureServe. 2009. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available http://www.natureserve.org/explorer. (Accessed: April 27, 2010).

Parmalee, P. W. and A. E. Bogan. 1998. The Freshwater Mussels of Tennessee. The University of Tennessee Press, Knoxville, TN. p. 187-188.

Williams, J.D., M.L. Warren, Jr., K.S. Cummings, J.L. Harris, and R.J. Neves. 1993. Conservation status of freshwater mussels of the United States and Canada. Fisheries 18: 69.

Literature Cited

NatureServe. 2009. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia, Available http://www.natureserve.org/explorer. (Accessed: April 27, 2010).

Parmalee, P. W. and A. E. Bogan. 1998. The Freshwater Mussels of Tennessee. The University of Tennessee Press, Knoxville, TN. p. 187-188.

Williams, J.D., M.L. Warren, Jr., K.S. Cummings, J.L. Harris, and R.J. Neves. 1993. Conservation status of freshwater mussels of the United States and Canada. Fisheries 18: 69.

11127/2018 Commonwealth of Virginia Mail - 0613-083-23127479 Culvert Replacement in Mayes Branch

Commonwealth of

Virginia Sanders, Dennis [email protected]

0613-083-23127479 Culvert Replacement in Mayes Branch 1 message

Sanders, Dennis [email protected] Wed, Oct 17, 2018 at 8:37 AM To: “rr ProjectReview (DGIF)” [email protected]

Project is culvert replacement in Mayes Branch - drainage area 0.75 sq miles - will be submitted to January 2019 IACM for PCN. All work will be done in dry by using non-erodible cofferdams.

~ DGIF Review Packet.pdf 1679K

https://mail.google.com/mail/u/O?ik=OOe707c105&view=pt&search=all&permthid=thread-a%3Ar-4112258923822588997&simpl=msg-a%3Ar-82367114… 1/1

swarr018 ‘Commonwealth of Virginia Mal -0613-083-23127479 Culvert Replacement in Mayes Branch

a Virgini: 7 Sanders, Dennis [email protected] 0613-083-23127479 Culvert Replacement in Mayes Branch

1 message

Sanders, Dennis <dennis.sanders@vdot virginia.gov> Wed, Oct 17, 2018 at 8:37 AM

To: “tr ProjectReview (DGIF)” [email protected]

Project is culvert replacement in Mayes Branch - drainage area 0.75 sq miles - will be submitted to January 2019 [ACM for PCN. All work will be done in dry by using non-erodible cofferdams.

‘2 DGIF Review Packet_paf 1679K

|itps:/mail google. com/mailul0?ik=000707c1058view=plasearch=allapermthid=thread-a%3Ar-4 112258023822586007 8simpl=msg-a%3Ar- 82367114… 1/1

11/27/2018 Commonwealth of Virginia Mail - Consultation Code: 05E2VA00-2018-SLl-3722 - Self-Certification Letter - Is Not Federally Eligible - 061 …

Commonwealth of

Virginia Sanders, Dennis [email protected]

Consultation Code: 05E2VA00-2018-SLl-3722 - Self-Certification Letter - Is Not Federally Eligible - 0613-083-12127479 1 message

Sanders, Dennis [email protected] To: [email protected]

Wed, Oct 17, 2018 at 8:23 AM

Project is culvert replacement on Mayes Branch - drainage area 0.75 sq miles. Location is 36.73997 & 82.32502

~ IPaC 0613-083-23127479.pdf 1905K

https://mai I .google.com/mail/u/O?ik=OOe 707 c105&view=pt&search=all&permthid=thread-a%3Ar-75221437 41788797376&simpl=msg-a%3Ar78489436. … 1 /1

sw2712018 ‘Commonwealth of Virginia Mail - Consultation Code: 05E2VA00-2018-SLI-3722 - Sel-Certfication Letter - Is Not Federally Eligible - 061. Commonwealth of

Ll is

y Virginia Sanders, Dennis <[email protected]:

Consultation Code: 05E2VA00-2018-SLI-3722 - Self-Certification Letter - Is Not Federally Eligible - 0613-083-12127479

‘message

Sanders, Dennis [email protected] Wed, Oct 17, 2018 at 8:23 AM To: [email protected]

Project is culvert replacement on Mayes Branch - drainage area 0.75 sq miles. Location is 36.73997 & 2.32502

‘2 IPac 0613-083-23127479.pat 1905K

https://mail google. com/mailu/07ik=008707c1058.view=pt&search=allépermihid=thread-a%3Ar-7522143741788797376&simpl=msg-a°63Ar78489496… 1/1

View of roadway looking downstream at crossing0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

0613-083-23127479 View of roadway looking downstream at crossing Permit # 19-4001

Russell County Mayes Branch

Looking upstream0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

0613-083-23127479 A

permit # 19-4002 Looking upstream Russell County

Mayes Branch

Looking downstream0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

0613-083-23127479 Looking dow Permit # 19-4001

Russell County Mayes Branch

Inlet View0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

0613-083-23127479 . Permit # 19-4001 Inlet View Russell County

Mayes Branch

Downstream View 0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

0613-083-23127479 Permit # 19-4001 Russell County Mayes Branch

Downstream View

Virginia Department of Transportation

INTER-AGENCY COORDINATION MEETING Joint Permit Application

DEQ COE VMRC
I. VDOT PROJECT INFORMATION

Route: 624 UPC#: VDOT Project Number: 00624-083-23574956 USGS Quadrangle: Honaker City/County: Russell VDOT City/County Code: 083 Contract Type: Maintenance - Contract Project Charge: CSC-11160000-11044-167-70103-

LEB00624RC Estimated Begin Date: 11/19/2018 Designer: Mccracken, Randall K

II. TYPE OF SCOPING/COORDINATION: Permit Coordination Permits Required: COE Reporting: NW13; VMRC VGP-1;
III. VDOT CONTACTS

Permit Coordinator (VDOT District Contact)

District Environmental Manager (Authorized Agent)

VDOT (Applicant)

Name: Ethan C Virts Name: Doris K Bush Name: John R Watson Address: 870 Bonham Road

Bristol, VA 24201 Address: 870 Bonham Road

Bristol, VA 24201 Address: P.O. Box 127

Lebanon, VA 24266 Phone #: (276) 696-3297 Phone #: (276) 696-3300 Phone #: (276) 415-3439

IV. PERMITTED ACTIVITY

This permit is being coordinated after-the-fact. A stream bank/shoulder failure at a private bridge entrance along Rt. 624 in Russell County was repaired as an emergency between the dates of 11/19/18 and 12/6/18. The work involved removing bridge materials and slide debris and stabilizing approx. 50 linear feet of stream bank along Lewis Creek. A precast concrete Evergreen retaining wall was installed to stabilize the failure and Class II riprap was placed to tie the retaining wall into the roadway shoulder. The dimensions of the retaining wall within the OHW limits of Lewis Creek are 20 long X 5’ wide X 2.5’ deep. The dimensions of the Class II riprap within the OHW limits of Lewis Creek are 30’ long X 4’ wide X 2.5’ deep. A temporary cofferdam and pump were used to complete work in the dry. No trees were removed as part of this project. This work required approximately 15 CY (490 SF) of excavation, 21 CY (220 SF) of permanent fill, and 27 CY (480 SF) of temporary fill within the OHW limits of Lewis Creek.
V. ENVIRONMENTAL ASSESSMENT(Avoidance and Impacts are described in greater detail in section VI and VII.)

Present Impacts Present Impacts Federal Threatened/Endangered Species Yes * Water of the U.S Yes Yes State Threatened/Endangered Species Yes * Wetlands No No Anadromous fish No No Riffle Pool Complexes Yes No Trout No No Other Special Aquatic Sites No No Shellfish No No 100 Year Floodplain Yes No Public Water Supply No No Historic/Archeological Resources No No Scenic Rivers No No Air Quality Nonattainment Area No No Navigable Waters No No Tidal Waters/Wetlands: No No Open Water > 1.0 Acre No No

*Please refer to the T&E Report for T&E Species Impacts

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

Page 1 of 6IACM Coordination Form 7/1/2017

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

Virginia Department of Transportation INTER-AGENCY COORDINATION MEETING Joint Permit Application DEQ COE VMRC

VDOT PROJECT INFORM. ION Route: 624 UPC¢: VDOT Project Number: 00624-083-23574956 USGS Quadrangle: Honaker City/County: Russell VDOT City/County Code: 083 Contract Type: Maintenance - Contract Project Charge: CSC-11160000-11044-167-70103- LEB00624RC Estimated Begin Date: 11/19/2018 Designer: Mecracken, Randall K I TYPE OF SCOPING/COORDINATION: Permit Coordination |Permits Req “OE Reporting: NW13; VMRC VGP-1; II, __ VDOT CONTACTS Permit Coordinator District Environmental Manager VDOT (Applicant) (VDOT District Contact) (Authorized Agent) Name: Ethan C Virts Name: Doris K Bush Name: John R Watson Address: 870 Bonham Road Address: 870 Bonham Road ‘Address: P.O, Box 127 Bristol, VA 24201 Bristol, VA 24201 Lebanon, VA 24266 Phone #: (276) 696-3297 Phone #: (276) 696-3300 Phone #: (276) 415-3439

IV, PERMITTED ACTIVITY

[was placed to tie the retaining wall into the roadway shoulder. The dimensions of the retaining wall within the JOHW limits of Lewis Creek are 20 tong X 5 wide X 2.5! deep. The dimensions of the Class II riprap within the ]OHW limits of Lewis Creek are 30’ long X 4’ wide X 2.5’ deep. A temporary cofferdam and pump were used to complete work in the dry. No trees were removed as part of this project. This work required approximately 15 CY (490 SF) of excavation, 21 CY (220 SF) of permanent fill, and 27 CY (480 SF) of temporary fill within the

OHW limits of Lewis Creek V.__ ENVIRONMENTAL ASSESSMENT (Avoidance and Impacts are described in greater detail in section VE and VIL)

"Please refer fo the TRE Report for TRE Species Impacts

IACM Coordination Form 7/1/2017 Page | of 6

VI. SUMMARY OF DETAILED ENVIRONMENTAL IMPACT INFORMATION This project has one jurisdictional crossing.

General: Latitude: 37°02’05" Longitude: 81°58’10" FEMA FIRM number: 51167C0115C Nearest Community: Honaker Surrounding Land Use: Forest, Residential Basin: Tennessee and Big Sandy River Sub-basin: 6B. Clinch River Sub-basin Hydrologic Unit Code: 06010205
Engineering data for impacts to Waters of the US:

OHW elevation (feet): 1865 Dredging/Excavation Filling (Permanent): Filling (Temporary):

MLW elevation (feet): N/A Streams Open

Water Wetlands Streams Open

Water Wetlands

Area (feet2) 490 0 0 220 0 0 480 0 0

Quantity (yd3) below OHW 15 0 0 21 0 0 27 0 0

Quantity (yd3) below MLW 0 0 0 0 0 0 0 0 0

Construction Method MECHANICAL MECHANICAL MECHANICAL

Stream Information:

Stream Name(s): Lewis Creek Drainage Area (miles2): 15.5

Pool/Riffle/Flat ratio: 15/5/80 Average Depth (feet): 1.5

Substrate: silt, gravel, cobble, bedrock Average Width (feet): 20

OHWM Indicator(s): Bed and banks

DGIF Classification: Other (N/A) Cowardin Classification: R3RB

DEQ Classification: IV. Mountainous Zone Waters Section #: 2b Special Standards: PWS

Linear Feet of Permanent Stream Impacts:

Perennial- 50 Intermittent- 0 Ephemeral- 0 Riffle/Pool- 0

Conceptual Stream Mitigation: None Proposed

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

Page 2 of 6IACM Coordination Form 7/1/2017

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

Vi. SUMMARY OF DETAILED ENVIRONMENTAL IMPACT INFORMATION This project has one jurisdictional crossing.

General:

Latitude: 37°02’05" Longitude: 81°58’10" FEMA FIRM number: $1167C0115C Nearest Community: Honaker Surrounding Land Use: Forest, Residential Basin: Tennessee and Big Sandy River Sub-basin: 6B. Clinch River Sub-basin Hydrologic Unit Code: 06010205

Engineering data for impacts to Waters of the US:

OW elevation feet): 1865 | Dredging/Exeav: Filling (Permanent): | Filling (Temporary):

MLW elevation (feet): N/A Streams [ Open [Wetlands] Streams | Open J Wetlands] Streams [ Open | Wetlands

Water Water Water Area (feet”) 490! | cy) 220) 0) 0 480) 0 o Quantity (yd*) below OHW 15] i) 0 21 0 0 27 oO o Quantity (yd) below MLW o| o| o| 0 0 0 0 0 f) Construction Method MECHANICAL MECHANICAL MECHANICAL Stream Information: Stream Name(s); Lewis Creek Drainage Area (miles*): 15.5 Pool/Riffle/Flat ratio: 15/5/80 Average Depth (feet): 1.5 Substrate: silt, gravel, cobble, bedrock Average Width (feet): 20 OHWM Indicator(s): Bed and banks DGIF Classification: Other (N/A) Cowardin Classification: R3RB DEQ Classification: IV. Mountainous Zone Waters Section #: 2b Special Standards: PWS Linear Feet of Permanent Stream Impacts: Perennial- 50 Intermittent 0 Ephemeral- 0 Riffle/Pool- 0

Conceptual Stream Mitigation: None Proposed

IACM Coordination Form 7/1/2017 Page 2 of 6

Wetland Information: N/A

Species identified:

Cowardin Classification(s):

Amount Disturbed(area -feet2)

Emergent Scrub/Shrub Forested Totals

Non-Tidal Tidal Non-Tidal Tidal Non-Tidal Tidal Non-Tidal Tidal

Primary 0 0 0 0 0 0 0 0

Secondary 0 0 0 0 0 0 0 0

Temporary 0 0 0 0 0 0 0 0

Conceptual Wetland Mitigation: None Proposed

Other Natural Resource Information: N/A

Cowardin Classification(s):

Amount of Impacts

L.F S.F

Non-Tidal Tidal Non-Tidal Tidal

Permanent 0 0 0 0

Temporary 0 0 0 0

Conceptual Other Mitigation: None Proposed

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

Page 3 of 6IACM Coordination Form 7/1/2017

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

Wetland Information: N/A Species identified: Cowardin Classification(s):

Amount Disturbed(area -feet”)

Permanent 0 0 0 0

Temporary 0 0 0 0 Conceptual Other Mitigation: None Proposed

IACM Coordination Form 7/1/2017

Page 3 06

VII. PROJECT NARRATIVE: Project purpose, need, and description: This project involved the emergency stabilization of 50 linear feet of stream bank along Lewis Creek which also functions as the roadway shoulder of Rt. 624 in Russell County. A private entrance bridge failed at this location, causing subsidence of the roadway shoulder and stream bank. 20 linear feet of Evergreen retaining wall blocks were installed. 30 linear feet of Class II riprap was also installed to tie the retaining wall into the roadway shoulder.
Proposed construction schedule: This work was completed as an emergency between the dates of 11/19/18 and 12/6/18. Permits are being obtained after-the-fact.
Project impacts (include a description of all impacts, permanent and temporary): A stream bank/shoulder failure at a private bridge entrance along Rt. 624 in Russell County was repaired as an emergency between the dates of 11/19/18 and 12/6/18. The work involved removing bridge materials and slide debris and stabilizing approx. 50 linear feet of stream bank. An Evergreen precast concrete block retaining wall was used to stabilize the failure and Class II riprap was placed to tie the retaining wall into the roadway shoulder. The dimensions of the retaining wall within the OHW limits of Lewis Creek are 20 long X 5’ wide X 2.5’ deep. The dimensions of the Class II riprap within the OHW limits of Lewis Creek are 30’ long X 4’ wide X 2.5’ deep. A temporary cofferdam and pump were used to complete work in the dry. No trees were removed as part of this project. This work required approximately 15 CY (490 SF) of excavation, 21 CY (220 SF) of permanent fill, and 27 CY (480 SF) of temporary fill within the OHW limits of Lewis Creek.

T&E Species: Notification of this emergency project was given to FWS, DGIF, and DNH prior to beginning in-stream work. The Clinch River is located approximately 4.5 miles downstream of this project and is known to support several FL mussel and fish species. All work was completed behind temporary cofferdams to reduce potential for secondary impacts downstream. There was no tree removal performed and all work was completed during the inactive bat season. Therefore, there were no impacts to SL or FL bats.
Cultural Resources: VDOT Effect Determination: NO EFFECT. Final Effect Determination: NO EFFECT. Stip. 2 Determination Date: 11/13/2018.

VIII. PROJECT MITIGATION: Project mitigation efforts including AVOIDANCE, MINIMIZATION, AND COMPENSATION: Avoidance: In order to reduce potential for any secondary impacts downstream all in-stream work was completed behind temporary cofferdams.
Minimization: Only the minimum amount of in-stream work and fill needed to install the retaining wall and riprap was performed.
Compensation (include functional assessment when applicable): No compensation is proposed.

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

Page 4 of 6IACM Coordination Form 7/1/2017

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

Proposed construction schedule: This work was completed as an emergency between the dates of 11/19/18 and 12/6/18, Permits are being obtained after-the-fact,

Project impacts (include a description of all impacts, permanent and temporary): ‘A stream bank/shoulder failure at a private bridge entrance along Rt. 624 in Russell County was repaired as an ‘emergency between the dates of 11/19/18 and 12/6/18. The work involved removing bridge materials and slide debris and stabilizing approx. 50 linear feet of stream bank. An Evergreen precast concrete block retaining wall was used to stabilize the failure and Class II riprap was placed to tie the retaining wall into the roadway shoulder. The dimensions of the retaining wall within the OHW limits of Lewis Creek are 20 long X 5’ wide X 2.5’ deep. The dimensions of the Class II riprap within the OHW limits of Lewis Creek are 30’ long X 4’ wide X 2.5" deep. ‘A temporary cofferdam and pump were used to complete work in the dry. No trees were removed as part of this project. This work required approximately 15 CY (490 SF) of excavation, 21 CY (220 SF) of permanent fill, and 27 CY (480 SF) of temporary fill within the OHW limits of Lewis Creek.

T&E Species Notification of this emergency project was given to FWS, DGIF, and DNH prior to beginning in-stream work, The Clinch River is located approximately 4.5 miles downstream of this project and is known to support several] FL mussel and fish species. All work was completed behind temporary cofferdams to reduce potential for secondary impacts downstream, There was no tree removal performed and all work was completed during the inactive bat season. Therefore, there were no impacts to SL or FL bats.

Cultural Resources: VDOT Effect Determination: NO EFFECT. Final Effect Determination: NO EFFECT. Stip. 2 Determination Date: 11/13/2018.

VII. PROJECT MITIGATION: Project mitigation efforts including AVOIDANCE, MINIMIZATION, AND COMPENSATION: Avoidance:

In order to reduce potential for any secondary impacts downstream all in-stream work was completed behind temporary cofferdams.

Minimization:

Only the minimum amount of in-stream work and fill needed to install the retaining wall and riprap was performed.

Compensation (include functional ass ‘No compensation is proposed.

ssment when applicable):

TACM Coordination Form 7/1/2017 Page 4 of 6

IX. EROSION AND SEDIMENT CONTROLS: An erosion and sediment control plan will be prepared and implemented in compliance with the Erosion and Sediment Control Law, the Erosion and Sediment Control Regulations, and the annual erosion and sediment control standards and specifications approved by the Department of Conservation and Recreation.

X. STORMWATER MANAGEMENT STATEMENT: Design of this project will be in compliance with the Stormwater Management Act, the Stormwater Management Regulations, and the annual stormwater management standards, and specifications approved by the Department of Conservation and Recreation.

XI. MATERIALS ASSESSMENT: All fill material shall be clean and free of contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations.

XII. FEMA STATEMENT: The design of this project will be in compliance with all applicable FEMA-approved state or local floodplain management requirements.

XIII. DREDGE MATERIAL MANAGEMENT PLAN: All dredge material will be removed to an approved, contained, upland location. The disposal area will be of sufficient size and capacity to properly contain the dredge material, to allow for adequate dewatering and settling out of sediment, and to prevent overtopping. The disposal area will be properly stabilized prior to placement of dredge material.

XIV. NEPA DOCUMENTATION: Not Required Document type: Date:
XV. CERTIFICATION (for SPGP/VWPP only): “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations.”

Applicant Signature:

Name of person signing above:

(print or type)

Title: Date:

Authorized Agent Signature:

Name of person signing above:

(print or type)

Title: Date:

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

Page 5 of 6IACM Coordination Form 7/1/2017

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

X. _ STORMWATER MANAGEMENT STATEMENT: Design of this project will be in compliance with the Stormwater Management Act, the Stormwater Management Regulations, and the annual stormwater management standards, and specifications approved by the Department of Conservation and Recreation.

XI. MATERIALS ASSESSMENT: ‘Al fill material shall be clean and free of contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations

XI FEMA STATEMENT: The design of this project will be in compliance with all applicable FEMA-approved state or local floodplain management requirements,

XII. DREDGE MATERIAL MANAGEMENT PLAN: All dredge material will be removed to an approved, contained, upland location. The disposal area will be of sufficient size and capacity to properly contain the dredge material, to allow for adequate dewatering and settling out of sediment, and to prevent overtopping. The disposal area will be properly stabilized prior to placement of dredge material.

jot Required

XV. CERTIFICATION (for SPGP/VWPP only):

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons| directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing s.”

Applicant Signature:

Name of person signing above: (print or type)

Title: Date:

Authorized Agent Signature:

Name of person signing above:

(print or type)

Title: Date:

TACM Coordination Form 7/1/2017 Page 5 0f 6

XVI. ATTACHMENTS (Include all that apply):

[ X ] Vicinity Map

[ X ] Topographic Map

[ X ] FEMA Map

[ X ] Permit Sketches (Plan views, section views including temporary and permanent impacts)

[ X ] Hydraulic Commentary

[ X ] Cultural Resources Information

[ X ] Threatened and Endangered Species Information (including VDOT T&E Report)

[ X ] Photographs

[ X ] Prior Agency Coordination

[ X ] Rte._624_Emergency_Declaration_Email_11.14.18

[ ] Jurisdictional Determination Form

[ ] Signed Certification Statement

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

Page 6 of 6IACM Coordination Form 7/1/2017

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

XVI. ATTACHMENTS (Include all that apply): [X] Vicinity Map

[X] Topographic Map

[X] FEMA Map

[X] Permit Sketches (Plan views, section views including temporary and permanent impacts) [X] Hydraulic Commentary

[X] Cultural Resources Information

[X] Threatened and Endangered Species Information (including VDOT T&E Report)

[X] Photographs

[X] Prior Agency Coordination

[X] | Rte._624_Emergency_Declaration_Email_11.14.18

[ ] Jurisdictional Determination Form

[ ] Signed Certification Statement

TACM Coordination Form 7/1/2017 Page 6 of 6

624-083-23574956 9-4011

Russell Lewis Creek

| VIRGINIA Janiettown Colany Po

5 “The Old Domini Statehood — june 25, 1788

i =| Lowest Elevation — Sea Ler ‘aia = 00624-083-23574956 Highest Elevation — Moun pa) Permit # 19-4011 State Flower — Degwond

| Russell County State Bird — Cardinal

#8 Lewis Creek Population — 8,185,867

400624-083-23574956

SCALE 1:36112 0 1 Mile

0 1000 2000 Yards

0 1 2 Kilometers

Declination

MN 7.31° W

 MN

Location: 037° 02’ 05.0000" N, 081° 58’ 10.1545" WName: HONAKER Date: 11/14/18 Scale: 1 inch = 3,009 ft.

Location of Rte. 624 Emergency Stream Bank Stabilization

MN7.31° W.

SCALE 1:36112

4 Me

2000 Yards

2 Klometers

Name: HONAKER Date: 11/14/18 Scale: 1 inch = 3,009 ft.

Location: 037° 02’ 05.0000" N, 081° 58’ 10.1545" W Location of Rte. 624 Emergency Stream Bank Stabilization

006 Tn Non nt

USGS The National Map: Orthoimagery. Data refreshed October, 2017.

National Flood Hazard Layer FIRMette

0 500 1,000 1,500 2,000250 Feet

81 °5

8’ 29

.3 4"

37°2’19.89"N

81°57’51.88"W

37°1’51.17"N

SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT

SPECIAL FLOOD HAZARD AREAS

Without Base Flood Elevation (BFE) Zone A, V, A99

With BFE or Depth Zone AE, AO, AH, VE, AR

Regulatory Floodway

0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone X

Future Conditions 1% Annual Chance Flood Hazard Zone X

Area with Reduced Flood Risk due to Levee. See Notes. Zone X

Area with Flood Risk due to Levee Zone D

NO SCREEN Area of Minimal Flood Hazard Zone X

Area of Undetermined Flood Hazard Zone D

Channel, Culvert, or Storm Sewer

Levee, Dike, or Floodwall

Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation

Coastal Transect

Coastal Transect Baseline Profile Baseline Hydrographic Feature

Base Flood Elevation Line (BFE)

Effective LOMRs

Limit of Study Jurisdiction Boundary

Digital Data Available

No Digital Data Available

Unmapped

This map complies with FEMA’s standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA’s basemap accuracy standards

The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 12/20/2018 at 3:05:59 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time.

This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes.

Legend

OTHER AREAS OF FLOOD HAZARD

OTHER AREAS

GENERAL STRUCTURES

OTHER FEATURES

MAP PANELS

1:6,000

B 20.2

The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location.

Location of 00624-083-23574956 Lewis Creek Permit # 18-4108

National Flood Hazard Layer FIRMette @rema Legend

sr°7 1550-0 _ ‘SEEPS REPORT FOR DETALED EGEND AND NDEX MAP FOR mM PANEL LAYOUT

Without Base lod Elevation (8)

“ With BFE or Dopth zee 1,04 2 Location of 00624-083-23574956 esee Fara Lewis Creek y

Permit # 18-4108

fteas of ess tan one square Future Conditions 4% Annual NEBR chance Food Hazara OTHER AREAS oF | Levee. See Notes

FLOOD HAZARD "ff Area wit Food Risk due to Levee

‘rea of Minimal Food Hazard 200% Ettectve tomes a OTHER AREAS ‘rea of Undetermined Flood Hazard Zone 0

GENERAL ==> Channol, Culvert or Storm Sowor

AREAOE MINIMALEU OOD, HAZARD Sg] STRUCTURES 1111111 Lovee, Dike, or Floodwall Boned ‘

= 5 292 cross Sections with 39% Annual hance “18 Water Surtace Elevation © ~~ Constal Transect ase Flood Elevation Line (BFE) imi of Study Jurisiton Boundary

== Coastal Transect Baseline omer Profile Baseline Features Hydrographic Feature

[1] Pietardetavaiavie

[7] ne Digital Data Avaiiatie

MAP PANELS [=] Unmapped i

9 ‘The pin splayed on the maps an approximate point selected bythe user and does not represent ‘an euthontative property location,

‘This map complies with FEMA’s standards forthe use of gia food maps ii fs not vidas described below. ‘Te basemap shown complies with FEMA’s basemap accuracy standards

‘The tld nazar informations derived alrety fom the ‘authostative NFHL web services provided by FEMA. This map ‘was exported on 12/20/2038 at’205’9 PM and does not Teflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or ‘become superseded by new data overtime,

‘This map image s vidi the one or more ofthe following map laments do not appear basemap imagery food one labels, legend seale bar, map ceaton te, community identifiers, FARM panel number, and FIRM effective dao. Map images for ‘unmapped and unmodemized areas cannot be used Tor ‘regulatory purposes.

Rte. 624 Stream Bank Stabilization Plan View

Non-erodible cofferdam -------t–,…I

20 LF of precast concrete retaining wall was installed. Approx. 0.46 CY/LF of permanent fill below OHW was required.

Retaining Wall Bank Stabilization Fill Dimensions Below OHW = 20’ long X 5’ wide X 2.5’ deep

OHW elevation of

Lewis Creek= 1,865 ft. --------…:~

Rte.624

~FllM’

FllM’~ Project#: 00624-083-23574956 Permit #: 19-4011 County Name: Russell Stream Name: Lewis Creek Vertical Datum: NAD83 Sheet #: 1 of 3 Date: January 3, 2019 Drawing is Not to Scale

Summan of Total Stream Impacts Excavation Perm. Fill Temp. Fill

15CY 21 CY 27CY

490 Sq. feet 220 Sq. feet 480 Sq feet

A total of 30 LF of Class II riprap underlined with geotextile fabric was placed adjacent to the retaining wall. Approx. 0.37 CY/LF of permanent fill below OHW was required.

Class II Riprap Bank Stabilization Fill Dimensions Below OHW = 30’ long X 4’ wide X 2.5’ deep

There is no utility work associated with this project.

Rte. 624 Stream Bank Stabilization Plan View

Non-erodible cofferdam

A total of 30 LF of Class Il riprap underlined with geotextile fabric was placed adjacent to the retaining wall. Approx. 0.37 CY/LF

of permanent fill below OHW was required. Class II Riprap Bank Stabilization

Fill Dimensions Below OHW =

30’ long X 4’ wide X 2.5" deep

20 LF of precast concrete retaining wall was installed. Approx. 0.46 CY/LF of permanent fll below OHW was required.

Retaining Wall Bank Stabilization Fill Dimensions Below OHW = 20’ long X 5’ wide X 2.5" deep

OHW elevation of Lewis Creek = 1,865 ft.

Project #: 00624-083-23574956 Permit #: 19-4011

N County Name: Russell Sroam Mare: yr ‘Summary of Total Stream Impacts Sheet #: 1 of 3 Excavation | Perm. Fill [Temp. Fill There is no utility work Date: January 3, 2019 15 CY, 21. CY 27 CY associated with this project. Drawing is Not to Scale 490 Sq, feet] 220 Sq. feet| 480 Sq feet

Rte. 624 Stream Bank Stabilization Profile View - Class II Riprap

Class II Riprap underlined with Filter Fabric Fill Dimensions Below OHW = 30’ long X 4’ wide X 2.5’ deep

Non-erodible Temporary Cofferdam

OHW elevation of Lewis Creek = 1,865 ft.

Stream bed

Project #: 00624-083-2357 4956 Permit#: 19-4011 County Name: Russell Stream Name: Lewis Creek Vertical Datum: NAD83 Sheet #: 2 of 3 Date: January 3, 2019 Drawing is Not to Scale

2.5’

< 4’

Rte. 624

There is no utility work associated with this project.

Summarv of Total Stream Impacts Excavation Perm. Fill Temp. Fill

15CY 21 CY 27CY 490 Sq. feet 220 Sq. feet 480 Sq feet

Rte. 624 Stream Bank Stabilization Profile View - Class II Riprap

Class || Riprap underlined with Filter Fabric Fill Dimensions Below OHW = 30’ long X 4’ wide X 2.5’ deep

Non-erodible Temporary Cofferdam aw Rte. 624 OHW elevation of Lewis Creek = 1,865 ft.

25 | Strearhbed a! There is no utility work 4 associated with this project.

Project #: 00624-083-23574956 Permit #: 19-4011 County Name: Russell Stream Name: Lewis Creek ‘Summary of Total Stream Impacts Vertical Datum: NAD83 Excavation | Perm. Fill _|Temp. Fill Deke Jaracy 3, 2019 45 CY 21CY 27 CY Drawing is Not to Scale 490 Sq. feet] 220 Sq. feet) 480 Sq feet

Rte. 624 Stream Bank Stabilization Profile View - Retaining Wall

Retaining Wall Fill Dimensions Below OHW = 20’ long X 5’ wide X 2.5’ deep

Non-erodible Temporary Cofferdam

OHW elevation of Lewis Creek = 1,865 ft.

/ Stream bed

Project #: 00624-083-2357 4956 Permit #: 19-4011 County Name: Russell Stream Name: Lewis Creek Vertical Datum: NAD83 Sheet #: 3 of 3 Date: January 3, 2019 Drawing is Not to Scale

2.5’

5’

Rte. 624

There is no utility work associated with this project.

Summary of Total Stream Impacts Excavation Perm. Fill Temp. Fill

15CY 21 CY 27CY 490 Sq. feet 220 Sq. feet 480 Sq feet

Rte. 624 Stream Bank Stabilization Profile View - Retaining Wall

Retaining Wall Fill Dimensions Below OHW = 20’ long X 5’ wide X 2.5’ deep

Non-erodible Temporary Cofferdam Rte. 624

OHW elevation of Lewis Creek = 1,865 ft.

_ a

25° Strearfibed —— There is no utility work 5’ associated with this project. Project #: 00624-083-23574956 Permit #: 19-4011 County Name: Russell Stream Name: Lewis Creek ‘Summary of Total Stream Impacts xertical Datum: NAD83 Excavation | Perm. Fill _[Temp. Fill ject #:

Date: January 3, 2019 ee = feet wa Sea wo sate Drawing is Not to Scale a I a

DEPARTMENT OF TRANSPORTATION 870 BONHAM ROAD

BRISTOL, VA 24201-2002

VirginiaDOT.org WE KEEP VIRGINIA MOVING

STEPHEN C. BRICH, P.E. COMMISSIONER

Re: Hydraulic Commentary - Project 0624-083-23574956

January 17, 2019

I have reviewed the emergency repair work performed for Project 0624-083-23574956 to repair the failing

embankment along Route 624 in Russell County by utilizing Evergreen Retaining Wall System and Class II Dry

Rip Rap. I concur with the work performed shown in the photographs and described in the EQ-429. This site

falls within a defined FEMA Zone A as shown on Community Panel #51167C0115C. I therefore offer the

following statement for inclusion into the permit package to be presented at the IACM.

The following conclusions were drawn by Hydraulic Engineering personnel as a result of a careful review of the

work. No formal hydraulic computations were performed either incidental to the design or during the course of

the review. This project should not cause more than minimal changes to peak flow characteristics, should not

increase the flooding potential, nor cause more than minimal degradation of the water quality of the stream. This

project should pose no restriction to the normally expected range of flows, should withstand expected normal high

flows and will not restrict low flows. This project complies with DDM-7 of the VDOT Drainage Manual, and the

general understanding of floodplain development process coordinated between VDOT, DCR and FEMA.

If you have further questions or comments please advise.

Ernest Blankenship, Jr., P.E.

District River Mechanic

Bristol Hydraulic Section

cc File

COMMONWEALTH of VIRGINIA

DEPARTMENT OF TRANSPORTATION 870 BONHAM ROAD BRISTOL, VA 24201-2002

STEPHEN C. BRICH, P.E. ‘COMMISSIONER

Re: Hydraulic Commentary - Project 0624-083-23574956

January 17, 2019

T have reviewed the emergency repair work performed for Project 0624-083-23574956 to repair the failing embankment along Route 624 in Russell County by utilizing Evergreen Retaining Wall System and Class II Dry Rip Rap. I concur with the work performed shown in the photographs and described in the EQ-429. This site falls within a defined FEMA Zone A as shown on Community Panel #51167C011SC. I therefore offer the following statement for inclusion into the permit package to be presented at the [ACM.

The following conclusions were drawn by Hydraulic Engineering personnel as a result of a careful review of the work. No formal hydraulic computations were performed either incidental to the design or during the course of the review. This project should not cause more than minimal changes to peak flow characteristics, should not increase the flooding potential, nor cause more than minimal degradation of the water quality of the stream. This project should pose no restriction to the normally expected range of flows, should withstand expected normal high flows and will not restrict low flows. This project complies with DDM-7 of the VDOT Drainage Manual, and the general understanding of floodplain development process coordinated between VDOT, DCR and FEMA.

Ifyou have further questions or comments please advise

Emest Blankenship, Jr., P.E. District River Mechanic. Bristol Hydraulic Section

ce File

VirginiaDOT org WE KEEP VIRGINIA MOVING

VDOT Cultural Resources Summary Documentation for Interagency Permit Application

Project Number: 00624-083-23574956 UPC: Project Name: 0624-083-370205-815810 VDHR File No. - Funding Source: State District: Bristol Primary Jurisdiction: Russell Cultural Resources Manager: Lucas, Kalli S. Report Generated: 01/28/2019

Designated Lead Federal Agency for Section 106: USACE

Does the project have the potential to affect historic properties, should they be present? Yes

Description of Area of Potential Effects (APE):

Are there previously recorded architectural resources within the APE?

Notes: Date:

Are there previously recorded archaeological resources within the APE?

Notes: Date:

Are historic properties present in the Area of Potential Effects? No

Effects Matrix: Not applicable Explanation of Effect Determination: The potential effects of the project are limited to existing right of way which has been previously disturbed and does not contain any structures over 50 years old or any archaeological sites or battlefields recorded in the DSS (for Civil War battlefields use ABPP proposed NRHP boundaries if available).

Determination of No Effect made 11/13/2018 and reported to the SHPO in accordance with Stipulation II.A of the Programmatic Agreement among the Federal Highway Administration, the U.S. Army Corps of Engineers, Norfolk District, the Tennessee Valley Authority, the Advisory Council on Historic Preservation, the Virginia State Historic Preservation Officer, and the Virginia Department of Transportation Regarding Transportation Undertakings Subject to Section 106 of the National Historic Preservation Act of 1966 (executed August 2, 2016).

Effect Determination (non-“Stip.II.A”): NO EFFECT VDHR Concurrence Date:

If Adverse Effect, MOA Execution Date:

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

VDOT Cultural Resources Summary Documentation for Interagency Permit Application

Project Number: 00624-083-23574956 upc: Project Name: 0624-083-370205-815810

VDHR File No. - Funding Source: State District: Bristol Primary Jurisdiction: Russell

Cultural Resources Manager: Lucas, Kalli S. Report Generated: 01/28/2019

The following determinations have been made by VDOT Cultural Resources staff for this VDOT project as a whole in consultation with the State Historic Preservation Officer in Virginia (Director of Virginia Department of Historic Resources) in conformance with the requirements of Section 106 of the National Historie Preservation Act (54 U.S.C. 306108) and its implementing regulations, 36 CFR Part 800. The Area of Potential Effects (APE) for the USACOE’s undertaking subject to Section 106 may be smaller than the APE defined for the project as a whole.

Designated Lead Federal Agency for Section 106: USACE Does the project have the potential to affect historic properties, should they be present? Yes

Description of Area of Potential Effects (APE):

Are there previo the APE? Notes:

Date:

ly recorded architectural resources

Are there previo Notes: Date:

ly recorded archaeological resources within the APE?

present in the Area of Potential Effects? No

@ Determination of No Effect made 11/13/2018 and reported to the SHPO in accordance with Stipulation II.A of the Programmatic Agreement among the Federal Highway Administration, the U.S. Army Corps of Engineers, Norfolk District, the Tennessee Valley Authority, the Advisory Council on Historic Preservation, the Virginia State Historic Preservation Officer, and the Virginia Department of Transportation Regarding Transportation Undertakings Subject to Section 106 of the National Historic Preservation Act of 1966 (executed August 2, 2016).

Effect Determination (non-"St

LA"): NO EFFECT VDHR Concurrence Date:

If Adverse Effect, MOA Execution Date:

T&E CLEARANCE

Project Name: 0624-083-370205-815810 Project Type: Maintenance Project Number: 00624-083-23574956 Charge Number: CSC-11160000-11044-167-

70103-LEB00624RC UPC: Route Type: Secondary Route Number: 624 District: City/County: Residency: Bristol Russell Lebanon From: 0.40 miles north of Rte. 637 (Wysor Valley Rd.) To: Single location Project Description: Additional Project Description:

This project was completed as an emergency between the dates of 11/19/18 and 12/8/18. A fill slope failure adjacent to Route 624 in Russell County at a private bridge entrance was repaired. The area repaired was approximately 50’ long x 14’ tall. Slide and private bridge debris was excavated and an evergreen retaining wall unit was used to stabilize the roadway shoulder. Class II rip-rap was used to tie the edge of evergreen wall into the existing roadway shoulder. A cofferdam and dewatering operation was utilized to isolate the work area and complete work in the dry. No trees were removed.

T&E Project Description: Quadrangle: HONAKER SERP Exempt?: Yes Latitude: 37°02’05" Permit Required?: Yes Longitude: -81°58’10"

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

T&E CLEARANCE

Project Name: Project Number:

UPC:

Route Number: District: Bristol

From:

To:

Project Description: Additional Project Description:

T&E Project Description:

Quadrangle: Latitude: Longitude:

0624-083-370205-815810 Project Type: — Maintenance 00624-083-23574956 Charge Number: CSC-11160000-11044-167- 70103-LEB00624RC Route Type: Secondary 624 City/County: Residency: Russell Lebanon 0.40 miles north of Rte. 637 (Wysor Valley Rd.) Single location

This project was completed as an emergency between the dates of 11/19/18 and 12/8/18. A fill slope failure adjacent to Route 624 in Russell County at a private bridge entrance was repaired. The area repaired was approximately 50’ long x 14’ tall. Slide and private bridge debris was excavated and an evergreen retaining wall unit was used to stabilize the roadway shoulder, Class II rip-rap was used to tie the edge of evergreen wall into the existing roadway shoulder. A cofferdam and dewatering operation was utilized to isolate the work area and complete work in the dry. No trees were removed.

HONAKER SERP Exempt?: Yes 37°02’05" Permit Required?: Yes -81°58’10"

SUMMARY:

[ ] The activity falls within a list of activities that have been determined to have No Effect on Fish, Plant and Wildlife Resources. No additional review required.

Review.

Federal nexus, SERP or state water quality permits required [ ] SERP required. A Full Review was conducted. [ ] Federal nexus and activities occur within developed ROW. Activities have not been determined to have

No Effect. A Screening Review was conducted. [X] All other activities. A Full Review was conducted.

DATE: REVIEWER:

[X] Based upon a review of the appropriate data sources,

T&E Resources are known or suspected to be a concern for this project and additional review is required.

11/13/2018 E Virts

[ ] Based on a review of the appropriate data sources, No T&E resources are documented or are suspected to be a concern for this project.

[X] PROJECT PHASE PERMITTING REVIEW

COMPLETE 01/28/2019 E Virts

CLEARANCE HISTORY:

DATE STAFF CONTACT PROJECT PHASE HYPERLINK 01/28/2019 Virts, Ethan C PERMITTING T&EClearance_01-28-2019T13:14:55.pdf 01/03/2019 Virts, Ethan C PERMITTING T&EClearance_01-03-2019T10:44:01.pdf

SPECIES:

Species/Status Effect Determination

TOYR Begin

TOYR End

Data Source Comments

DNH SITES - FL & SL ONLY ()

May affect, Not Likely to adversely Effect

T&E Database Review Clinch River-Little River SCU (FL), Stone Branch Slopes (FL), and Fuller- Laurel Branch (FL).

Gray Bat (Myotis grisescens)/ Federal:FE State:SE

May affect, Not Likely to adversely Effect

IPaC OSL No caves or mines will be impacted by this project.

Indiana Bat (Myotis sodalis)/ Federal:FE State:SE

May affect, Not Likely to adversely Effect

IPaC OSL No caves, mines, or trees will be impacted by this project.

Northern Long-Eared Bat (Myotis septentrionalis)/ Federal:FT State:ST

May affect, Not Likely to adversely Effect

T&E Database Review,IPaC OSL

No caves, mines, or trees will be impacted by this project.

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

http://cedar:80/main/servlet/DMS/FILE?WhichMethod=single&dmsID=2081124&saveas=false http://cedar:80/main/servlet/DMS/FILE?WhichMethod=single&dmsID=2070149&saveas=false JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

[ ] The activity falls within a list of activities that have been determined to have No Effect on Fish, Plant and Wildlife Resources. No additional review required.

No federal nexus, SERP or state water quality permits required [ ] The activity is completely within developed ROW and a Screening Review was conducted.

[ ] The activity is on undeveloped ROW and the Project Limits were evaluated using an Abbreviated Review.

Federal nexus, SERP or state water quality permits required [ ] SERP required. A Full Review was conducted.

[ ] Federal nexus and activities occur within developed ROW. Activities have not been determined to have No Effect. A Screening Review was conducted.

[X] All other activities. A Full Review was conducted.

DATE: REVIEWER:

[X] Based upon a review of the appropriate data sources, 11/13/2018 _E Virts T&E Resources are known or suspected to be a concern for this project and additional review is required. [ ] Based on a review of the appropriate data sources, No T&E resources are documented or are suspected to be a concern for this project.

[X] PROJECT PHASE PERM! COMPLETE

ING REVIEW 01/28/2019 E Virts

CLEARANCE HISTORY:

DATE STAFF CONTACT PROJECT PHASE HYPERLINK

01/28/2019 _Virts, Ethan C PERMITTING T learance_01-28-2019T13:14:55.pdf

01/03/2019 Virts, Ethan C PERMITTING ‘T&EClearance_01-03-2019T10:44:01 pdf

Species/Status Effect TOYR TOYR Data Source ‘Comments Determination Begin End

DNH SITES - FL & May affect, Not T&E Database Review Clinch River-Little River

SLONLY () Likely to SCU (FL), Stone Branch adversely Effect Slopes (FL), and Fuller-

Laurel Branch (FL).

Gray Bat (Myotis May affect, Not IPaC OSL No caves or mines will be

grisescens)/ Likely to impacted by this project.

Federal:FE State:SE_adversely Effect

Indiana Bat (Myotis May affect, Not IPaC OSL. No caves, mines, or trees

sodalis)/ Federal:FE Likely to will be impacted by this

State:SE adversely Effect project.

Northern Long-Eared May affect, Not T&E Database No caves, mines, or trees

Bat (Myotis Likely to Review,IPaC OSL _will be impacted by this

septentrionalis) adversely Effect project.

Federal:FT State:ST

Yellowfin Madtom (Noturus flavipinnis)/ Federal:FT State:ST

May affect, Not Likely to adversely Effect

IPaC OSL This species is known to inhabit the Clinch River which is located 4.5 miles downstream. All work will take place behind cofferdams to reduce potential for any secondary impacts downstream.

Sickle Darter (Percina macrocephala)/ State:ST

May affect, Not Likely to adversely Effect

T&E Database Review This species is known to inhabit the Clinch River which is located 4.5 miles downstream. All work will take place behind cofferdams to reduce potential for any secondary impacts downstream.

MUSSELS - GENERAL ()

May affect, Not Likely to adversely Effect

IPaC OSL This species is known to inhabit the Clinch River which is located 4.5 miles downstream. All work will take place behind cofferdams to reduce potential for any secondary impacts downstream. Species identified in IPaC search were: Appalachian monkeyface, Birdwing pearlymussel, Cracking pearlymussel, Cumberland bean, Cumberland monkeyface, Cumberland combshell, Finerayed pigtoe, Fluted kidneyshell, Littlewing pearlymussel, Oyster mussel, Purple bean, Rough rabbitsfoot, Sheepnose mussel, Shiny pigtoe, Slabside pearlymussel, Snuffbox mussel, Spectaclecase, and Tan Riffleshell.

T&E WATERS () May affect, Not Likely to adversely Effect

T&E Database Review The Clinch River is noted as a T&E stream and is located 4.5 miles downstream of the project limits. All work will take place behind temporary cofferdams to reduce potential for secondary impacts downstream.

AGENCY COMMENT:

AGENCY DATE COMMENTS

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

Yellowfin Madtom — May affect, Not IPaC OSL This species is known to

(Noturus flavipinnis)/ Likely to inhabit the Clinch River

Federal:FT State:ST adversely Effect which is located 4.5 miles downstream. All work will take place behind cofferdams to reduce potential for any secondary impacts downstream.

Sickle Darter May affect, Not T&E Database Review This species is known to (Percina Likely to inhabit the Clinch River macrocephala) adversely Effect which is located 4.5 miles State:ST downstream. All work will

take place behind cofferdams to reduce potential for any secondary impacts downstream.

MUSSELS - May affect, Not IPaC OSL This species is known to GENERAL () Likely to inhabit the Clinch River adversely Effect which is located 4.5 miles

downstream. All work will take place behind cofferdams to reduce potential for any secondary impacts downstream. Species identified in IPaC search were: Appalachian monkeyface, Birdwing pearlymussel, Cracking pearlymussel, Cumberland bean, Cumberland monkeyface, Cumberland combshell, Finerayed pigtoe, Fluted kidneyshell, Littlewing pearlymussel, Oyster mussel, Purple bean, Rough rabbitsfoot, Sheepnose mussel, Shiny pigtoe, Slabside pearlymussel, Snuffbox mussel, Spectaclecase, and Tan Riffleshell.

T&E WATERS () May affect, Not T&E Database Review The Clinch River is noted Likely to as a T&E stream and is adversely Effect located 4.5 miles

downstream of the project limits. All work will take place behind temporary cofferdams to reduce potential for secondary impacts downstream.

AGENCY DATE COMMENTS

DNH 11/15/2018 DNH Comments Summarized: DCR recommends the implementation of and strict adherence to applicable state and local erosion and sediment control/storm water management laws and regulations. DCR recommends the immediate disposal of debris at an approved upland disposal site. DCR supports the use of a cofferdam and pump around to conduct all work in the dry. There are no State Natural Area Preserves under DCR’s jurisdiction in the project vicinity. Under a Memorandum of Agreement established between the Virginia Department of Agriculture and Consumer Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species. The current activity will not affect any documented state- listed plants or insects.

DGIF 11/20/2018 We support the proposed VDOT emergency work plan to work within cofferdams, provided strict adherence to our fish relocation protocol and coordination with Mike Pinder. If freshwater mussels are encountered, we recommend strict adherence to our standard mussel relocation guidelines. That is, prior to dewatering cofferdam areas, we recommend VDOT relocate fish and mussels from the cofferdam area. Thanks.

FWS 01/03/2019 FWS concurrence was obtained through the IPaC self-certification process. This project was submitted to FWS on 11/14/18 and as of 1/3/19 no comments were received.

AGENCY COORDINATION RECORD:

AGENCY NAME AGENCY TRACKING NUMBER

DATE SUBMITTED

DATE DUE DATE OF LAST REVIEW

DGIF ESS Log 39515 11/14/2018 12/14/2018 11/20/2018 DNH Number 00624-083-23574956 11/14/2018 12/14/2018 11/15/2018 FWS Consultation Code 05E2VA00-2019-SLI-0785 11/14/2018 11/28/2018 11/13/2018

C.O. COMMENT:

REVIEW SPECIES DATE COMMENTS OTHER REVIEW COMMENTS

SURVEY(S) REQUESTED:

SCOPE TYPE REQUEST DATE

SPECIES SURVEY STATUS

RECOMMENDATIONS

RISK ASSESSMENT:

Resources Present: [ ] Aquatic [ ] Terrestrial

IACM DATE: 02/12/2019
VDOT PROJECT #: 00624-083-23574956
PERMIT #: 19-4011 PRE-APP#:

JACM DATE: 02/12/2019 VDOT PROJECT #: 00624-083-23574956 PERMIT #: 19-4011 PRE-APP#:

DGIF 11/20/2018 We support the proposed VDOT emergency work plan to work within cofferdams, provided strict adherence to our fish relocation protocol and coordination with Mike Pinder. If freshwater mussels are encountered, we recommend strict adherence to our relocation guidelines. That is, prior to dewatering cofferdam areas, we recommend VDOT relocate fish and mussels from the cofferdam area. Thanks

FWS (01/03/2019 FWS concurrence was obtained through the IPaC self-certification process. This project was submitted to FWS on 11/14/18 and as of 1/3/19 no comments were received.

AGENCY COORDINATION RECORD:

AGENCY NAME AGENCY TRACKING DATE DATEDUE DATE OF NUMBER SUBMITTED LAST

REVIEW

DGIF ESS Log 39515 11/14/2018 12/14/2018 11/20/2018

DNH Number 00624-083-23574956 11/14/2018. 12/14/2018. 11/15/2018.

FWS Consultation Code __ 05E2VA00-2019-SLI-0785__11/14/2018 11/28/2018 11/13/2018

C.0. COMMENT:

REVIEW SPECIES DATE COMMENTS OTHER REVIEW COMMENTS SURVEY(S) REQUES : SCOPE TYPE REQUEST SPECIES SURVEY RECOMMENDATIONS DATE STATUS.

RISK ASSESSMENT:

Ifa federally listed species has been identified in the database search, the Risk Assessment must not be used for any species. Review and coordination with state and federal agencies must follow current guidance.

Project Type: [X] Maintenance [J Construction Resources Present [ ] Aquatic [ ] Terrestrial

Commonwealth of Virginia Department of Conservation and Recreation MEMORANDUM

TO: Ethan Virts, VDOT

FROM: Barbara Gregory, DCR-DNH

DATE: November 15, 2018

SUBJECT: 00624-083-23574956, Emergency Streambank Stabilization
Due ASAP

The Department of Conservation and Recreation (DCR) has searched its Biotics Data System for occurrences of natural heritage resources from the area outlined on the submitted map. Natural heritage resources are defined as the habitat of rare, threatened, or endangered plant and animal species, unique or exemplary natural communities, and significant geologic formations.

According to the information currently in our files, the Clinch River – Little River Stream Conservation Unit (SCU) is located downstream from the project site. SCUs identify stream reaches that contain aquatic natural heritage resources, including 2 miles upstream and 1 mile downstream of documented occurrences, and all tributaries within this reach. SCUs are also given a biodiversity significance ranking based on the rarity, quality, and number of element occurrences they contain. The Clinch River – Little River SCU has been given a biodiversity ranking of B2, which represents a site of very high significance. The natural heritage resources associated with this site are:

Alasmidonta marginata Elktoe G4/S1S2/NL/NL Apalone spinifera Spiny softshell G5/S2/NL/NL Aplondinotus grunniens Freshwater drum G5/S2/NL/NL Cryptobranchus alleganiensis Hellbender G3G4/S2/NL/NL Cumberlandia monodonta Spectacle case G3/S1/LE/LE Cyprinella whipplei Steelcolor shiner G5/S1/NL/LE Cyprogenia stegaria Fan shell G1Q/S1/LE/LE Elliptio crassidens Elephant ear G5/S1/NL/LE Epioblasma brevidens Cumberland combshell G1/S1/LE/LE Epioblasma capsaeformis Oyster mussel G1/S1/LE/LE Epioblasma triquetra Snuffbox G3/S1/LE/LE Etheostoma camurum Bluebreast darter G4/S2/NL/NL Etheostoma cinereum Ashy darter G2G3/S1/SOC/NL Etheostoma denoncourti Golden darter G2/S1/SOC/LT Etheostoma meadiae Bluespar darter G4/S2/NL/NL Etheostoma percnurum Duskytail darter G2/S1/LE/LE Etheostoma swannanoa Swannanoa darter G4/S2/NL/NL Etheostoma vulneratum Wounded darter G3/S2S3/NL/NL Fusconaia cor Shiny pigtoe G1/S1/LE/LE Fusconaia cuneolus Fine-rayed pigtoe G1/S1/LE/LE Gomphus consanguis Cherokee clubtail G3/S2/NL/NL Gomphus ventricosus Skillet clubtail G3/S1/NL/NL Gomphus viridifrons Green-faced clubtail G3G4/S2/NL/NL Hemistena lata Cracking pearlymussel G1/S1/LE/LE Ichthyomyzon bdellium Ohio lamprey G3G4/S2/NL/NL

L@, Commonwealth of Virginia = Department of Conservation and Recreation MEMORANDUM

TO: Ethan Virts, VDOT

FRO!

Barbara Gregory, DCR-DNH DATE: November 15, 2018

SUBJECT: — 00624-083-23574956, Emergency Streambank Stabilization Due ASAP

‘The Department of Conservation and Recreation (DCR) has searched its Bioties Data System for occurrences of natural heritage resources from the area outlined on the submitted map. Natural heritage resources are defined as the habitat of rare, threatened, or endangered plant and animal species, unique or exemplary natural communities, and significant geologic formations.

According to the information currently in our files, the Clinch River ~ Little River Stream Conservation Unit (SCU) is located downstream from the project site. SCUs identify stream reaches that contain aquatic natural heritage resources, including 2 miles upstream and 1 mile downstream of documented occurrences, and all tributaries within this reach. SCUs are also given a biodiversity significance ranking based on the rarity, quality, and number of element occurrences they contain. The Clinch River~ Little River SCU has been given a biodiversity ranking of B2, which represents a site of very high significance. The natural heritage resources associated with this site are:

Alasmidonta marginata Elktoe G4/S1S2/NL/NL_ Apalone spinifera Spiny softshell GS/S2/NL/NL. Aplondinotus grunniens Freshwater drum GSIS2/NL/NL. Cryptobranchus alleganiensis Hellbender G3G4/S2/NL/NL Cumberlandia monodonta Spectacle case G3/SW/LE/LE Gpprinella whipplei Steelcolor shiner GS/S1/NLILE Cyprogenia stegaria Fan shell GIQSI/LE/LE Elliptio crassiden Elephant ear GSISI/NLILE Epioblasma brevidens ‘Cumberland combshell GI/SU/LE/LE Epioblasma capsaeformis Oyster mussel GI/SV/LE/LE Epioblasma triquetra Snuffbox G3/S1/LE/LE Etheostoma camurum Bluebreast darter G4/S2/NL/NL Etheostoma cinereum Ashy darter: G2G3/S1/SOC/NL Etheostoma denoncourti Golden darter G2/SV/SOC/LT Etheostoma meadiae Bluespar darter G4/S2/NL/NL Etheostoma percnurum Duskytail darter G2/S1/LE/LE Etheostoma swannanoa Swannanoa darter G4/S2/NL/NL. Etheostoma vulneratum Wounded darter G3/S2S3/NL/NL Fusconaia cor Shiny pigtoe GI/SW/LE/LE Fusconaia cuneolus Fine-rayed pigtoe GI/SI/LE/LE Gomphus consanguis Cherokee elubtail G3/S2/NL/NL. Gomphus ventricosus Skillet clubtail G3/S1/NL/NL Gomphus viridifrons Green-faced clubtail G3G4/S2/NL/NL Hemistena lata Cracking pearlymussel GWSI/LE/LE

Ichthyomyzon bdellium Ohio lamprey G3G4/S2/NL/NL

Io fluvialis Spiny riversnail G2/S2/SOC/LT Labidesthes sicculus Brook silverside G5/S2/NL/NL Lemiox rimosus Birdwing pearlymussel G1/S1/LE/LE Leptodea fragilis Fragile papershell G5/S1/NL/LT Ligumia recta Black sandshell G4G5/S2/NL/LT Lythrurus lirus Mountain shiner G4/S2S3/NL/NL Moxostoma carinatum River redhorse G4/S2S3/NL/NL Necturus maculosus Mud puppy G5/S2/NL/NL Neurocordulia yamaskanensis Stygian shadowdragon G5/S2/NL/NL Notropis ariommus Popeye shiner G3/S2S3/NL/NL Noturus eleutherus Mountain madtom G4/S2S3/NL/NL Noturus flavipinnis Yellowfin madtom G1/S1/LT/LT Noturus flavus Stonecat G5/S2/NL/NL Pegias fabula Little-winged pearlymussel G1/S1/LE/LE Percina aurantiaca Tangerine darter G4/S2S3/NL/NL Percina burtoni Blotchside logperch G2G3/S1/SOC/NL Percina copelandi Channel darter G4/S2/NL/NL Percina evides Gilt darter G4/S2/NL/NL Percina sciera Dusky darter G5/S1S2/NL/NL Percina williamsi Sickle darter G2/S1S2/SOC/LT Plethobasus cyphyus Sheepnose G3/S1/LE/LE Pleurobema oviforme Tennessee clubshell G2G3/S2S3/SOC/NL Pleurobema rubrum Pyramid pigtoe G2G3/SH/SOC/LE Pleuronaia barnesiana Tennessee pigtoe G2G3/S2/SOC/NL Pleuronaia dolabelloides Slabside pearlymussel G2/S2/LE/LT Ptychobranchus subtentum Fluted kidneyshell G2/S2/LE/NL Quadrula cylindrica strigillata Rough Rabbits Foot G3G4T2/S2/LE/LE Quadrula pustulosa Pimple back G5/S2/NL/LT Quadrula sparsa Appalachian monkeyface G1/S1/LE/LE Sander canadensis Sauger G5/S2S3/NL/NL Spiraea virginiana Virginia spiraea G2/S1/LT/LE Sternotherus minor Loggerhead Musk turtle G5/S2/NL/NL Truncilla truncata Deertoe G5/S1/NL/LE Villosa perpurpurea Purple Bean G1/S1/LE/LE

Freshwater Mussel Concentration Area G3/SNR/NL/NL

In addition, the Clinch River has been designated by the Virginia Department of Game and Inland Fisheries (VDGIF) as a “Threatened and Endangered Species Water”. There are 15 species within two miles of the project site associated with this T & E Water.

To minimize adverse impacts to the aquatic ecosystem as a result of the proposed activities, DCR recommends the implementation of and strict adherence to applicable state and local erosion and sediment control/storm water management laws and regulations. Due to the legal status of several of the species associated with this site, DCR also recommends coordination with the U.S. Fish and Wildlife Service (USFWS) and VDGIF, Virginia’s regulatory authority for the management and protection of these species to ensure compliance with protected species legislation. Furthermore, DCR recommends the immediate disposal of debris at an approved upland disposal site. DCR supports the use of a cofferdam and pump around to conduct all work in the dry.

There are no State Natural Area Preserves under DCR’s jurisdiction in the project vicinity.

Io fluvialis Spiny riversnail G2/S2/SOC/LT

Labidesthes sicculus Brook silverside G5/S2/NL/NL Lemiox rimosus Birdwing pearlymussel GI/SW/LE/LE Leptodea fragilis Fragile papershell GS/S1/NL/LT Ligumia recta Black sandshell G4G5/S2/NL/LT Lythruras lirus Mountain shiner G4/S283/NLINL Moxostoma carinatum River redhorse G4/S283/NLINL Necturus maculosus Mud puppy G5/S2/NL/NL Neurocordulia yamaskanensis Stygian shadowdragon GS/S2/NL/NL. Notropis ariommus Popeye shiner G3/S283/NL/NL_ Noturus eleutherus Mountain madtom, G4/S283/NLINL Noturus flavipinnis Yellowfin madtom GI/SVLT/LT Noturus flavus Stonecat G5/S2/NL/NL Pegias fabula Little-winged pearlymussel GI/SI/LE/LE Percina aurantiaca Tangerine darter G4/S2S3/NL/NL_ Percina burtoni Blotchside logperch G2G3/S1/SOC/NL Percina copelandi Channel darter G4/S2/NL/NL Percina evides Gilt darter G4/S2/NL/NL Percina sciera Dusky darter G5/S1S2/NLINL Percina williamsi Sickle darter G2/S1S2/SOC/LT Plethobasus cyphyus Sheepnose G3/SV/LE/LE Pleurobema oviforme Tennessee clubshell G2G3/S2S3/SOC/NL, Pleurobema rubrum Pyramid pigtoe G2G3/SH/SOC/LE Pleuronaia barnesiana Tennessee pigtoe G2G3/S2/SOC/NL Pleuronaia dolabelloides Slabside pearlymussel G2/S2/LE/LT Ptychobranchus subtentum Fluted kidneyshell G2/S2/LE/NL Quadrula cylindrica strigillata Rough Rabbits Foot G3G4T2/S2/LE/LE Quadrula pustulosa Pimple back GS5/S2/NLILT Quadrula sparsa ‘Appalachian monkeyface GUSULE/LE Sander canadensis Sauger G5/S2S3/NLINL Spiraea virginiana spiraca G2/SVLT/LE Sternotherus minor Loggerhead Musk turtle G5/S2/NL/NL Truncilla truncata Deertoe GSISI/NLILE Villosa perpurpurea Purple Bean GI/SI/LE/LE

Freshwater Mussel Concentration Area G3/SNR/NL/NL

To minimize adverse impacts to the aquatie ecosystem as a result of the proposed activities, DCR recommends the implementation of and strict adherence to applicable state and local erosion and sediment control/storm water management laws and regulations. Due to the legal status of several of the species associated with this site, DCR also recommends coordination with the U.S. Fish and Wildlife Service (USFWS) and VDGIF, Virginia’s regulatory authority for the management and protection of these species to ensure compliance with protected species legislation, Furthermore, DCR recommends the immediate disposal of debris at an approved upland disposal site. DCR supports the use of a cofferdam and pump around to conduet all work in the dry.

There are no State Natural Area Preserves under DCR’s jurisdiction in the project vicinity. Many invasive plant species are adapted to take advantage of soil disturbances and poor soil conditions.

These adaptations are part of what enable certain species to be invasive. Non-native invasive plants are found through Virginia. Therefore, the potential exists for some VDOT projects to further the

establishment of invasive species. To minimize the potential for invasive species infestation, projects should be conducted to minimize the area of disturbance, and disturbed sites should be revegetated with desirable species at the earliest opportunity following disturbance. Equally as important, species used for revegetation should not include the highly invasive species that have traditionally been used for revegetating disturbed sites. We recommend VDOT avoid using crown vetch, tall fescue, and autumn olive if at all possible.

New and updated information is continually added to Biotics. Please re-submit project information and map for an update on this natural heritage information if the scope of the project changes and/or six months has passed before it is utilized.

All VDOT projects on state-owned lands must comply with the Virginia Erosion & Sediment Control (ESC) Law and Regulations, the Virginia Stormwater Management (SWM) Law and Regulations, the most current version of the DCR approved VDOT Annual ESC and SWM Specifications and Standards, and the project-specific ESC and SWM plans. [Reference: VESCL §10.1-560, §10.1-564; VESCR §4VAC50-30 et al; VSWML §10.1-603 et al; VSWMR §4VAC-3-20 et al].

The VDGIF maintains a database of wildlife locations, including threatened and endangered species, trout streams, and anadromous fish waters that may contain information not documented in this letter. Their database may be accessed from http://vafwis.org/fwis, or contact Ernie Aschenbach at 804-367-2733 or [email protected]. This project is located within 2 miles of a documented occurrence of a state and federally listed animal. Therefore, DCR recommends coordination with the U.S. Fish and Wildlife Service (USFWS) and VDGIF, Virginia’s regulatory authority for the management and protection of this species to ensure compliance with protected species legislation.

Thank you for the opportunity to comment on this project.

Cc: Ernie Aschenbach, VDGIF Troy Andersen, USFWS

For more information on invasive alien plants and native plants, see the DCR-Division of Natural Heritage website http://www der. virginia. gov/natural-heritage/invspinfo.shtml, For sources of native plant material, see the ia Native Plant Society’s website (http://vnps.org) or the U.S. Fish and Wildlife

Service nursery list for Virginia (http://www. {ws.gov/ChesapeakeBay/BayScapes/bsresources/bs- ‘aurseries.html),

Under a Memorandum of Agreement established between the Virginia Department of Agriculture and ‘Consumer Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state-listed threatened and endangered plant and insect species. The current activity will not, affect any documented state-listed plants or insects.

‘New and updated information is continually added to Biotics. Please re-submit project information and map for an update on this natural heritage information if the scope of the project changes and/or six months has passed before it is utilized

All VDOT projects on state-owned lands must comply with the Virginia Erosion & Sediment Control (ESC) Law and Regulations, the Virginia Stormwater Management (SWM) Law and Regulations, the most current version of the DCR approved VDOT Annual ESC and SWM Specifications and Standards, and the project-specific ESC and SWM plans. (Reference: VESCL §10.1-560, §10.1-564; VESCR $4VAC50-30 et al; VSWML §10.1-603 et al; VSWMR §4VAC-3-20 et al]

‘The VDGIF maintains a database of wildlife locations, including threatened and endangered species, trout streams, and anadromous fish waters that may contain information not documented in this letter. Their database may be accessed from http://vafwis.org/fwis, or contact Ernie Aschenbach at 804-367-2733 or

[email protected] gov. This project is located within 2 miles of a documented occurrence of a state and federally listed animal, Therefore, DCR recommends coordination with the U.S. Fish and

Wildlife Service (USFWS) and VDGIF, Virginia’s regulatory authority for the management and protection of this species to ensure compliance with protected species legislation

Thank you for the opportunity to comment on this project.

Ce: Emie Aschenbach, VDGIF ‘Troy Andersen, USFWS

Ethan Virts

From: [email protected] on behalf of ProjectReview (DGIF), rr Sent: Tuesday, November 20, 2018 2:33 PM To: Virts, Ethan Cc: [email protected]; [email protected]; Mark Eversole;

[email protected]; [email protected]; rr vdotprojects; Daniel Redgate; [email protected]; [email protected]; [email protected]; rr ProjectReview (DGIF); Michael Pinder

Subject: Re: Emergency Project Notification and Coordination; VDOT Project # 00624-083-23574956; State Funded

ESSLog 39515; VDOT emergency Rte 00624-083-23574956 bank stabilization and residential bridge replacement in Russell County, VA

We support the proposed VDOT emergency work plan to work within cofferdams, provided strict adherence to our fish relocation protocol and coordination with Mike Pinder. If freshwater mussels are encountered, we recommend strict adherence to our standard mussel relocation guidelines. That is, prior to dewatering cofferdam areas, we recommend VDOT relocate fish and mussels from the cofferdam area. Thanks.

Ernie Aschenbach
Environmental Services Biologist
P 804.367.2733 Email: [email protected] Virginia Department of Game & Inland Fisheries CONSERVE. CONNECT. PROTECT.

A 7870 Villa Park Drive, P.O. Box 90778, Henrico, VA 23228-0778 www.dgif.virginia.gov

On Wed, Nov 14, 2018 at 11:48 AM Ethan Virts [email protected] wrote:

All,

Project Location

Ethan Virts

From: [email protected] on behalf of ProjectReview (DGIF), rr Sent: Tuesday, November 20, 2018 2:33 PM

To: Virts, Ethan

ce: [email protected]; [email protected]; Mark Eversole;

[email protected]; barbara. gregory @dcr.virginia.gov; rr vdotprojects; Daniel

Redgate; [email protected]; [email protected];

george young @vdot virginia gov; rr ProjectReview (DGIF); Michael Pinder Subject: Re: Emergency Project Notification and Coordination; VDOT Project #

00624-083-23574956; State Funded

ESSLog 39515; VDOT emergency Rte 00624-083-23574956 bank stabilization and residential bridge replacement in Russell County, VA

y Ernie Aschenbach Environmental Services Biologist VIRGINIA | 804.367.2733

Email: Ernie. [email protected] Virginia Department of Game & Inland Fisheries

CONSERVE, CONNECT, PROTECT. ‘A 7870 Villa Park Drive, P.O. Box 90778, Henrico, VA 23228-0778 www.dgif.virginia.gov

On Wed, Nov 14, 2018 at 11:48 AM Ethan Virts <ethan. [email protected]> wrote:

All,

Project Location

The project location is depicted on the attached topographic map. Latitude 37°02’05”N Longitude - 81°58’10”W. The project is located 0.42 miles north of the Rte. 637 (Wysor Valley Rd) intersection, and approximately 4.5 miles upstream of the Lewis Creek/Clinch River confluence.

Scope of Work

Water Quality Permits

The drainage area of Lewis Creek at this location is 15.5 square miles. VDOT will be coordinating this project after-the-fact through the Inter-Agency Coordination Meeting to acquire both VGP-1 and Nationwide 13 Permits.

FWS IPaC Review

This project was determined by VDOT to be “Not likely to Adversely Affect” all federally listed species identified in the IPaC generated Official Species List. The complete FWS Review Package is attached for your review. The FWS Consultation Code for this project is 05E2VA00-2019-SLI-0785.

DGIF Review

DNH Review

The following Natural Heritage sites were documented within a 2 mile radius of the project limits: Clinch River-Little River SCU (FL), Fuller-Laurel Branch (FL), and Stone Branch Slopes (FL).

Please review the attached project documents and information and reply to this email if you have concerns with this work proceeding next Monday (11/19). Please feel free to contact me if you need any additional information.

The project location is depicted on the attached topographic map. Latitude 37°02°05"N Longitude - 81°58°10°W. The project is located 0.42 miles north of the Rte. 637 (Wysor Valley Rd) intersection, and approximately 4.5 miles upstream of the Lewis Creek/Clinch River confluence.

Scope of Work

Water Quality Permits

FWS IPaC Re’ This project was determined by VDOT to be “Not likely to Adversely Affect” all federally listed species

identified in the IPaC generated Official Species List. The complete FWS Review Package is attached for your review. The FWS Consultation Code for this project is 0SE2VA00-2019-SLI-0785.

DGIF Review

‘The Sickle darter (ST) was identified within a 2 mile radius of the project limits. The Clinch River, which is located 4.5 stream miles downstream of this project, is known to support several other state listed species.

IH Review

The following Natural Heritage sites were documented within a2 mile radius of the project limits: Clinch River-Little River SCU (FL), Fuller-Laurel Branch (FL), and Stone Branch Slopes (FL).

Please review the attached project documents and information and reply to this email if you have concerns, with this work proceeding next Monday (11/19). Please feel free to contact me if you need any additional information.

Thanks,

Ethan Virts

Natural Resource Specialist

VDOT Bristol District

870 Bonham Road

Bristol, VA 24201

Mobile: (540) 267-5191

Office: (276) 696-3297

Thanks,

Ethan Virts

Natural Resource Specialist VDOT Bristol District

870 Bonham Road

Bristol, VA 24201

Mobile: (540) 267-5191

Office: (276) 696-3297

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Virginia Field Office 6669 Short Lane

Gloucester, VA 23061

  Date:

Self-Certification Letter

Project Name:

Dear Applicant:

The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. These conclusions resulted in:

● “no effect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or

● “may affect, not likely to adversely affect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or

● “may affect, likely to adversely affect” determination for the Northern long-eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016 Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; and/or

● “no Eagle Act permit required” determinations for eagles.

11/13/18

00624-083-23574956

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Virginia Field Office 6669 Short Lane Gloucester, VA 23061

Date: 11/13/18 Self-Certification Letter

Project Name: 00624-083-23574956

Dear Applicant:

Thank you for using the U.S. Fish and Wildlife Service (Service) Virginia Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 US. . 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records.

The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. These conclusions resulted in

‘© “no effect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or

© “may affect, likely to adversely affect” determination for the Northern long-eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016 Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; and/or

‘© “no Eagle Act permit required” determinations for eagles.

Applicant Page 2

Sincerely,

Cindy Schulz Field Supervisor Virginia Ecological Services

Enclosures - project review package

Applicant Page 2

Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact, this office for additional coordination if your project action area contains candidate species.

Information about the online project review process including instructions and use, species information, and other information regarding project reviews within Virginia is available at our website http://hvww.fws. gov/northeast/virginiafield/endspecies/project_reviews.html. If you have any questions, please contact Troy Andersen of this office at (804) 824-2428.

Sincerely,

Lyd he dehahyr J %

Cindy Schulz Field Supervisor Virginia Ecological Services

Enclosures - project review package

United States Department of the Interior

FISH AND WILDLIFE SERVICE Virginia Ecological Services Field Office

6669 Short Lane

Gloucester, VA 23061-4410

Phone: (804) 693-6694 Fax: (804) 693-9032

http://www.fws.gov/northeast/virginiafield/

In Reply Refer To:

Consultation Code: 05E2VA00-2019-SLI-0785

Event Code: 05E2VA00-2019-E-01764

Project Name: 00624-083-23574956

Subject: List of threatened and endangered species that may occur in your proposed project

location, and/or may be affected by your proposed project