Attorney at Law H. Wyatt Hanna, 111 WV State Bar No. 1579

P. 0. Box 8070 * South Charleston * West Virginia 25303 (304) 744-3 150 * Fax (304) 744-3 157

hwyatthannaii i @wvdsl .net

Hand delivered

February 14,2019

Ms. Ingrid Ferrell Director-Executive Secretary Division Public Service Commission of WV P.O. Box 8 12 Charleston, WV 25323

RE: Case No.: 17-1417-PSD-CN Union Public Service District

Dear Ms. Ferrell:

Enclosed please find for filing as a closed-entry are copies of the permits with the regard to the

If you should have any questions, please do not hesitate to contact my office.

above referenced certificate proceeding.

Sincerely,

H. Wyatt Hanna 111 State Bar No. 1579

H W HIWcds cc: Union PSD (Letter only)

Jesse Alden, P.E. (Letter only)

THE T UP, INC. P R ~ J E C T # 1Ql-Q20-1415 JECT # 2Ql6S-1646

A. Permit Checklist

B. USFWS Section 7 Review

C. W D N R Wildlife Diversity

D. WVDNR QLS

E. W Culture & History

F. W D E P Construction Stomwater

C. W D E P NPDES

H. W D Q H Entrance Permit

I. USDA Farmland Protection

J. Kanawha County Flood~lain

K. USACE ati ion wide Permit 12

PERMIT ACQUiSlTlON REVIEW FORM Union Public Service District

THE THRASHER GROUP PROJECT#101-020-1415

Date 9/17/2018 Sire 3" ~ 10" Project Name Rocky Fork Sewer tine Extensions and WWTP Upgrade Material PVC

AFE # Length Approximately 51125 Counties Kanawha County, West Virginia Contractor

Comments Acquired Date of

Yes No n/a Approval Regulatory Permit/Clearance

Phase I archaeological survey conducted, no further consultation is necessaty. It is recommended that archaeological monitoring needs to 8/14/17 / x / / I I occur along Limestone Road

WV State Historic Preservation Office(SHP0) -Section 106 Review

I l l 1 I I l l I I

WV Department of Environmental Protection (WVDEP) - NPDES Construction Stormwater Permit Permit ID#: WVR108883

I

WV Office of Envrionmental Health Services 1 I X I N/A I Obtaining SRF Funding, Health Department Permit not required

US Army Corps of Engineers (USACE) Huntington District - Nationwide Permit 12 Permit #: LRH-2015-643-KAN

FAX NO, 130463~7824 P, 01

IVlSi

O p e r ~ i Q ~ s Center P.O. BQX 67 st Vir~inia 2624143235

T~le~hone (304) 637-0245 Fax ( 3 ~ ) 6 ~ 7 ~ 2 ~

rl Ray T ~ r n b ~ ~ n Governor

August 6,2015

Robert A. Fala ~irector

r. Jesse Alden The Thrasher Group, Inc. PO Box 2431 Charleston, ~V 2531 1

Dear Mr. Alden:

We have reviewed our files for information on rare, threatened and endangered ( species and sensitive habitats for the area of the propo~ed Union PSD Sewer ~ ~ e n s ~ o n in Kanawha ~ o u n ~ y , ~V ( roject #20-1 41 5).

We have no ~nown records of any RTE species or sensitive habitats within the project area. The ~ i l d l i f e Resources Section knows of no surveys that have been con~uc~ed in the area for rare species or rare species ~abitat. Con~equently, this response is based on information cu~rently available and should not be considered a compre~ensi~e survey of the area under review.

The i n f o r ~ a t ~ ~ n provided above is the pr~duct of a database search and retrieva~. This jnformation does not satisfy other consul~ation or permi~ing requirements for dis~urbances to the natura^ resources of the state, and further consultation may be required. Additionally, any concurren~~ requiremen~s for federally listed species must come from the US Fish and ~ i i d l i f ~ Service.

Thank you for your inqui~, and should you have any questions please feel free to contact me at the above number, or ba~ara.d.sargent~wv.gov. Enclosed please find an invoice.

Resources S~ecialist Wildlife Diversity Unit

enclosure

S:\~o~thly~Barb\lnv~ice~\Thra~herl .doc

Jim Justi~e Governor

324 Fourth Avenue, Room 200 ~ o u ~ h ~haries~on WV 25303-Y 228

TDD (304) 558-1 439 TDD Y-800-354.60~7 Fax (304) 558-6048

T e l ~ p h o n ~ (304) 558-3225 Stephen S. ~ c ~ a ~ i e i

Director

June 7,201 7

Division of Natural Resources

Union Public Service District c/o The Thrasher Group Attention: Jeffrey Todd 300 Association Drive Charleston, WV 2531 1-

Dear Sir or Madam

The Division of Natural Resources hereby grants to you from the date hereof, a License and Right of Entry to construct, replace, cover, repair, operate, maintain, use and remove an eight inch (8 ) pipeline at fifteen (15) separate locations, 8 six inch ( 6 ) pipeline at two (2) separate locations, a three (3") pipeline at three (3) separate locations, a three inch (3") and a six inch (6") pipeline at one (1) location, an eight inch (8") and a ten inch (10") pipeline at one (I) location, and a ten inch (IO") pipeline at one (1) location along unnamed tributaries of Armor Creek, unnamed tributaries of Clay Bank Branch, Limestone Branch, unnamed t r ibuta~~s of Limestone Branch, Fishers Branch, an unnamed tributary of Fishers Branch, Rocky Fork, unnamed tributaries of Rocky Fork, and Wolfpen Run, Union District in Kanawha County, West Virginia, as shown located and highlighted in red on the map attached hereto 8s Exhibit A - G.

This License and Right of Entry is subject to the following terms and conditions:

s (HQS) as listed in the West Virginia Division of Natural Resources High Quality Stream Sixth Edition published in 2001 and for any trout streams and direct tributaries of trout streams:

Directional boring is the only method permitted during the fish spawning season. Fish spawning season for warmwater streams runs from April .Is' through June 30". Trout spawning season runs from October Is' through April 30th. Other dry ditch methods (pump around, flume or c o f f e r d ~ ~ ) as described in WVDEP water resources manual (published 2006) on page 3.21-4 may be used outside of spawning seasons. Each crossing that utilizes dry ditch methods must be completed in 2 consecutive work days.

0

e Directional boring or other dry ditch methods (pump around, flume or cofferdam) as

Union Public Service D ~ s ~ i c ~

Page 2 June 7.2017

P-I 7-V120-1148

. described in W V D E ~ water resources manual (published 2006) on page 3.21-4 may be used at all times during fish spawning season from April Is' through June 30". This eliminates the need for spawning season restrictions. Crossings using methods other than directional boring. Must be completed in I work day. Only ephemera~intermittent streams that are dry can be trenched.

All bank stabilization projects must begin immediately upon completion of utility line crossing and be completed within 24 hours of completion of utility line crossing.

Green concrete must not be put in the stream ~highiy toxic to aquatic). Approa~h roads must be graveled or rocked for a minimum length of fifty feet (50').

Mussel surveys on streams with known US Fish and ~ i l d l i f e listed or candidate ~ndangered species will be required if directional boring is not an option. Contact Janet Clayton of the WVDNR Wildlife Diversity Program for information concerning mussels at 304-

6

e

Stabil~ation

637-0245.

For further assistance, contact the appropria~e WVDNR District Fisheries Biologist. istrict 1 304-82~678~ District 2 304-~22-35~4 District 3 304-9~4-~214

District 4 304-25~6g47 District 5 304-675-0871 District 6 304-420-4550

The issuance of this License and Right of Entry by the Division of Natural Resources does not preclude the necessity to obtain a permit from the Corps of Engineers or any other state or federal permits ~ i c ~ may be required by law, nor does this License and Right of Entry negate the need to comply with the West Virginia Water Pollution Control Act andlor the State En~ironmen~l Quality Board's administrative regulations, applicant is also responsible for determining if the proposed a ~ t i v ~ ~ is located w~hin an iden~i~ed flood plain and it is the applicant's responsibility for contacting the local governmental agency in charge of that program and ob~ining a flood plain development permit for it. This License and Right of Entry does not grant any rights or privileges, or permission to enter upon or to cross the property of any other person, nor is permission granted to remove any material that lies upon the p r o p e ~ of any other persons. Work should be completed in as brief a period as possible and within one year from the date of this letter. In the event you fail or refuse to comply with any of the terms or conditions herein, this License and Right of Entry will be canceled and considered null and void and the Division will reject further app~i~tions,

There is no fee for this Right of Entry.

Sincerely,

JTS:cb

a~achment

pc: DNR Fish Biologist andy, Environmen~al ~nforcem~nt

DNR Conservation Officers

EEOtAA Employer

A u g u ~ 14,201 7

Environ~ental Scientist The Th~sher Croup, he. 300 A~sociation Drive

RE: Union PSD - Sewer Service Extension Project

r. Todd:

logical survey abbrev~ated ~chnicai ogieal, Inc. for the above referenced

ies,” we submit our commen~ , s e~a t ion Act, as ended, and its implementing re~lations, 36

resence of c u l ~ ~ i r e s o u ~ s w i t ~ ~ n Ih ocky Fork project are ion that no f u ~ ~ e r

o ~c~&eologieal histo ~ o n s u l ~ t i o ~ is necess

rties will be affected respect to this portio

the proposed project.

Finally, we r e ~ a i n in e o n c u ~ e n c ~ wit^ our prior reco occur in po~ions of the p afforded adequ%te time to f e a ~ ~ e s ~neountered dur receipt of the suits of the ~chaeologiea! ~ o n i t o ~ n g .

I ~onitoring needs to

ortunity to be of service. you have ~uesi~ons ~ e g a r ~ ~ n g our c o ~ ~ e ~ i s or the Section i~6p~ocess , please contact

S

d e ~ ~ r n e n ~ of envi~onmen~l p r o t e ~ i o ~ Division of Water and Waste Management Austin Caperton, Cabinet Secretary 601 57th Sheet SE ~ . ~ e p . ~ . ~ o v Charleston, West Virginia 25304-2345 Phone: 304-926-0495 Fa: 304-926-0496

May 25,2018

EARLBURKS UNION PSD PO BOX 7350 CROSS LANES, WV 25356

Re: General Pennit R e ~ s ~ a t i o n No. WVR108883 Rocky Fork Sewer Line Extensions and ~P Upgrades, h a w h a County, Disturbed Acres (25)

Dear Permittee:

You are now autho~zed to your copy of the General P with all requirements needed to remain in c ~ p i i ~ c e .

s form should be kept with pennit and become familiar it. You should c

Although you should be aware of all the terms and conditions of this pennit, we wish to advise you of the following important requirements:

1. In accordance with Section 6.4 of the General Pennit, you have developed B complete storm water pollution prevention plan. This plan is to be r ~ ~ i n e d on site and be available for review by the Director or the ~~~~~ a u ~ ~ z e d representative as of the date of your coverage by the General Permit, which is the date of this letter.

2. The erosion control m w m s approved by this agency for this project shall be maintained in proper condition to i n d i ~ d ~ ~ y and collectively perform the functions for which they were designed. In order to ensure the efficiency and proper m ~ t e n ~ c e of these measures, the permittee shall make s~~ ic i en t ly fiiequent, periodic inspections to detect any impairment of the designed stability, capacity or tal requirements of the approved measures. The permittee shall take immediate steps to correct any such impainnent found to exist.

3. If this Stormwater Pollution Prevention Plan (S PP) proves to be ineffwtive in controlling erosion and the sediment in storm water discharges associated with i n d ~ ~ a l / c o ~ ~ c t i o n activities, or site conditions change, the Pennittee shall end the S ~ P P P and install appropriate sediment and/or control devices in accordance with Section G.4.c) of this permit and the application instructions.

4. The current General ~~i~ expires on June 30,2018. If you wish to continue an activity regulated by this permit after the e x p ~ t i ~ date of the pennit, p ~ ~ s i o ~ $ for coverage will be made during the public notice process for my new General Permit to be issued at that b e .

Page 2 May 25,20 18

5. Find stabilization means disturbed areas shall be covered by the appropriate permanent protection. Final stabilization includes: pavement; buildings; stable waterways (riprap, concrete, grass or pipe); a healthy, vigorous stand of perennial grass that uniformly covm at least 70 percent of the groun& stable outlet channels with velocity dissipation which directs site runoff to a natural watercourse; and any other approved structure or material.

Your annual permit fee has been assessed as $1,000.00. You will be invoiced by this agency one month prior to the anniversary date of your original approval date. Failure to submit the annual fee within 90 days of the due date will render your permit void upon the date you are mailed a certified written notice to that effect. Please be advised that a pro-rated annual permit fee may be assessed upon the completion date and proper stabilization.

Issuance of this approval of the General Permit registration does not authorize any injury to persons or property or invasion of other private rights, or any infringement of federal, state or local law or rules.

Your efforts toward preventing the d e ~ ~ a t i o n of our natural resources me greatly appreciated. If you have any questions, please contact Sharon at s ~ o n . a . m u l l ~ s ~ ~ . g o v ,

ins of this Division at (304) 926-0499 extension 1132 or

Scott G. Manduola Director WV DEF-Division of Water & Waste Mgt. 601 57th St SE Charleston, W 25304-2345 Phone: (304) 926-0495 Fax: (304) 926-0463

I, P R O J ~ T DESC

A. D i s ~ b e d Area Calculati~n~

III. S E Q ~ C E ~ F

SE

I. CT N

Union Public Service District (The collection and treatment syst ~ r o ~ ~ g sanitary sewer County, West Virginia. The trict operates under Natio System DES) ~ a t e r P ~ ~ u t i o n Control Permit approx~ately 5,300 residential, c o ~ ~ r c i a l , and industri s ~ o ~ ~ g areas of K~~~ County.

istrict) owns and operates a Class A sanitary sewer to customers in Kaeaw

The District's existing sanitary sewer system consists of two (2) wastew~ter ~ e ~ ~ ~ t plants

mains and five

for p ~ c e s s ~ g and ulciraate dispos

Residents on Fishers h and Limestone Roads, in the Rocky Fork area, as well as on Crest the 40th Street area, are not c ~ e n ~ y served by a public sanitary

sewer utility. These residents use s tic systems or home aeration units to i n ~ v j d ~ l l y treat and dispose of their sanitary s ~ a ~ ~ .

e District, as the ~ p l e r n ~ ~ ~ a u ~ ~ ~ ~ ~ is p r ~ o s i n g this project to extend sanitary sewer service to these ~ t ~ t i a l additional custom^ within the Rocky Fork are as within the 40th Street area. This project also proposes to as upgrade the existing headworks and clarifier ~ ~ p r n e n t and construct a n building at the Rocky Fork WWTP.

ly to disturb approx~ate~y 29 acres. Detaile on the f o l l o ~ ~ g page.

of Pipe: Contract #I =

Contract #2 = Contract #3 =

tion on Site: oad Pump Station Site:

Station Site:

43,410 feet 5,225 feet

1,251,750 ft2

3,213 ft2 688 fi2 ,184 fi’

1,259,~35 ft’ 29 acres

The overall Ro

with i ~ ~ l l a t i o n include but are not li boring ~d~~~ r o a d w ~ ~ , backfilling and compaction of activities, Upon compl to original conditions.

ork Sewer Line ~ x t e ~ i o n Project will service the Union Public ServiGe as a whole. ~ o ~ ~ c t i o n activities associated hogging and r ~ o ~ g top vegetative cover,

ching through open space, workspaces, and associated

e cover will be returned

The total area of s w i ~ n the LOD. The p r o p o s ~ a new p u p station site,

s to the Rocky Fork

will involve the lati ti on ~ 1 1 ~ within a 15 - 25

avity and force) will pmject involves the open ~ ~ c ~ g and ugh existing ~~~

perfonning severzll

routes or private drives.

Construction of the overall construction completion

2018 and the estirnat amount will balance, c

avation will be within the project area.

for the pipeline.

Due to the linear ~~e o the project, a pipeline section area may be in one of several ent controls will be installed prior to

excavation work and trench activities will ~ ~ ~ c t i ~ n . Erosion and se

c o n s ~ c t i o ~ activities, which include ~ n s ~ c t i o n of p , shall be as follow:

&S controls: 2-3 days

Construction: 12 weeks Find Stabilization: 4 weeks

S Controls: 1 week

The proposed Rocky Fork Sewer Extension Project is located in three (3) separate areas of Cross Lanes, WV in ~ a w h a County. This overall project will involve performing minor headwork activities on the Rocky Fork Waste Water T r ~ ~ ~ t Plant sewer service to customers along the Melton Avenue, Crest Drive, and Ro ad areas, and replacing an

forcemain and pump station in the Koontz Drive area. The boundary expansion by Union Public Service District (UF’SD) will enlarge the service area of the Rocky

Fork ~P and adjust the PSD boundary along 40th Street and Crest Drive. The Koontz Drive area will experience upgrades or r ~ l a c ~ ~ t s to failing existing forcemain and pump station ~ ~ c ~ e .

Fork WWTP to

of gravity collection mains,

age p ~ ~ ~ g ation. roximately 3,000 LF

new collection 1 c o ~ e ~ t ~ sewer

160 pot~t ia l customers and w

P include new me and manual bar ve r n ~ h a ~ s ~ on the c l ~ ~ e r , and a new office

ontz Drive pump station includes replacing the ment, as well as replacing the existing discharge forcemain

gravity sewer lines shall 1 consist of excavating a the noted limits

sion control ~ e a ~ e s will be the t control measures are to be in

lati ti on of sediment

T ~ p Q r ~ erosion and sediment con~ols water bars, compost filter sock, silt fence

p~posed project will lled erosion contro

for erosion and the ~ o n s ~ ~ t i o n acti cover with at least 70% d e ~ i ~ within 30

lease see the construction plans for specific details and locations for the erosion and s ~ ~ ~ t control measures.

S ~ ~ ~ ~ l changes in the w s a ~ a t ~ g the soils which

se slips in areas of steep slope by ent while decreasing the angle of

protect ation of

e slips and impacts from potential al slips are identified

ention, listed in the detail sediment control plan will be utilized during

~ ~ ~ c t i o ~ as needed.

r o t ~ ~ i ~ n

ec

ires that all ~rosion an cted on a ~ou~ine

const~uction site at all times. idance on conducting and

The West Virginia Construction Storm ter General Permit sets forth General nagement Controls that the S ~ P P P

must contain.

Additional r e q u i r e ~ e n ~ for Constru~ion Activities in the SWPP

G.4.d.l .A Preventative Maintenance - A preventative maintenance program shall involve inspection and maintenance of sediment and erosion control devices and storm water management structures to uncover conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters.

G.4.em2.(E) Mai~tenance. A description of p ~ c e d u ~ s to maintain in good and effective condition and promptly repair or restore all grade surfaces, wall, dams and Structures, vegetation, erosion and ~ediment control measure and other protective devices identi~ed in the site plan. At a minimum, procedures in a plan shall provide that all erosion controls on the site are inspected at least once every seven calendar days and within 24 hours after any storm event of greater than 0.5 inches of rain per 24 hour period.

The fo~lowing are guidelines to ass~styou in inspection protocol foryour BMP's.

1. Describe the specific sediment control structures as well as storm water management structures).

you are inspe~ing. (You are required to inspect all erosion and

2. Record the date, time and weather conditions onyour inspection report.

3. Make sure the inspec~or's name is on the r ort; they should also sign the inspection report.

4. escribe actions that are taken to resolv~repair problems with the B

The next page is a sample inspection report. You may use this report or developyour own, however the inspection report should contain all the information that is outlined on the next page. These reports must be ~aintained on the construction site for the duration of the project.

te: Time: ~ t h e r conditiofls during iflspection:

Name of project: Name of person conductjfl~ inspection: Signature:

FOR EACH BMP - FILL OUT THE FOLLOWING

6MPyou are inspecting:

Condition of the BMP:

Does this EMP need to be repaired or have other maintenance performed?

What maintenance or repairs are being performed?

When will repair or ma~ntenance of this BMP be complete?

Other Comments:

BMPyou are inspecting:

Condition of the BMP:

Does this BMP need to be repaired or have other maintenance performed? ~

What maintenance or repairs are being performed?

When will repair or maintenance of this BMP be complete?

Other Comments:

isit our we~s i t~ :

ATE

BMPyou are inspecting:

condition of the BMP:

Does this EMP need to be repaired or have other maintenance performed?

What maintenance or repairs are being performed?

When will repair or maintenance of this BMP be complete?

Other Comments: - __

I t

I

BMPyou are inspecting:

Condition of the EMP:

Does this BMP need to be repaired or have other maintenance performed?

What maintenance or repairs are being performed?

When will repair or maintenanc~ of this BMP be complete?

Other Comments:

BMPyou are inspecting:

Condition of the EMP: I---

Does this BMP need to be repaired or have other maintenance performed?

What maintenance or repairs are being performed?

When will repair or maintenance of this 5MP be ~ m p l e ~ e ?

Other Comments: ~-~

3.

f

Form ~M-IO9 Rev 05-IpO5

ER OR ACROSS THE STATE ROADS OF THE STATE OF IN ~E~TION 6. ARTICLE 16, CHAPTER 17; S E C T I ~ N 9,

A R ~ I ~ L E 16, CHAPTER 17; S E ~ I O ~ 8, A R T I ~ ~ E 4, C ~ A P T E R 17, WEST V r R G ~ I ~ CODE. 1931, AS A M E N ~ ~ D .

day of D ~ P A R T ~ E N T OF r ~ N S P O R T A T l O N , DTV called Df~ISrON and Address: 5 I I0 ~ ’ a s ~ n ~ t o n St W. Cross Lanes, WV 253 13 h e r e i n a ~ ~ r called A P P L ~ C A ~ .

. between the WEST VtRGl~[A WAYS, a statutory c o r ~ o ~ t ~ o n hereina~er

Union Public Services District Phone No: 304-776-3 13 1

W CTN~S~ET

In ~ n s i d e r ~ i o n of the hereina~er set out covenants and in accordance with Section 6, Article 16, Chapter 17: or Section 9, Article 16, Chapter 17: or Section & Article 4, Chapter 17, of the Official Code of West Virginia, 193 1, as ~ m e n d ~ d , and the rutes and reguia~ions p r o ~ u l ~ ~ $ thereun$er, APPLICANT does hereby apply to enter Route Type lit No. Couniy Route 7f8 (if ap~licabie~; at the ~ ~ r o x ~ ~ a t e in[ersection of Fishers Branch Road and Rocky Fork Road in Kanawha C o u n ~ , for the purposes h ~ r e ~ n ~ ~ e ~ set forth and tn accordance with the plans and speciticarions which are attached hereto and made a part here& construction of an entrance to the

proposed Rocky Fork Pump Station as apart of the Rocky Fork Sanitary Sewer Extension Project.

DOH Project No. NfA Mile Post

APPLlCANT Further agrees to accept the c o ~ i t i o n s herejna~er set forth: I .

2.

3.

4.

5 .

6 .

7.

A ~ ~ L I ~ ~ T shall deposit with DiVrSiON the sum of $i in the form o f an official, certified or cashier’s check, or e ~ e c ~ t ~ bond with surety s a l i s f ~ t o ~ to ~ ~ V I ~ i O N to cover any damage and insFec~ion costs D ~ ~ ~ S ~ O N may sustain by reason of the granting of this permit, ~ncluding any expense incurred in restoring said h i g h ~ v a ~ to its original condition or the proper repair of any and all d ~ a g e § that may result ~ ~ i ~ i n one (I) year from the date of the completion of said work.

A P ~ L I C A ~ T agrees to reimburse D ~ V I S I ~ N for inspec~~on costs as follows:

10,000

A. For any inspe~~ion costs i n c u ~ e d under this permit B. At C. At

per linear foot for per linear foot for

feet of water line Installed under this permit feet ofsewer line in~talled under this permit

APP~ICANT shall nofib DlVrStON at least 48 hours in advance of the date the work wiil begin. Failure to comply will be cause for cancellation of this permit.

A P P L ~ C A ~ T agrees 10 protect its e ~ p l o y ~ s , e q u ~ p ~ e n t and users of the highway at ail times in accordance with the current Division of High~,ays manual -‘Traffic Control For Street and ~ i g h ~ ~ ~ a y

aintenance O ~ r a t i o ~ ” .

APPLICANT agrees to comply with all a ~ p l ~ c a b l e state and Federal laws in the ~ r ~ o ~ a n c e of work under this permit

supple men^^ condi~ions cited on the reverse side of this permit are understood and agreed to be a part hemf .

The work authorized under this permit shall be ~ m p l e t e d on or before (Date): 0813 11’2019

Pcriadic Rcrrnbursnble No Cost

A U ~ O ~ Z A ~ ~ N NO

e a ~ ~ s d e m ~ a n o r , and ~ e n ~ - ~ y e nor more th

on v ~ o l ~ t i n ~ the .same for each offense.

1.

2.

3.

4.

5 .

6.

7.

8,

9,

10.

to.2tq SW-6 REV, 5-19-05 9 PAGE I OF 2

a co~oration, organize , with principal office at

und unto the State P. 0. Box 14498, Des Moines, IA 5 0 3 0 6 - 3 ~ ~ ~

s of said principal an surety, both thereunto duly authorized this 14th day

Virg i~a Division of ~ i g ~ w a y s its written appli~ation for a permit to ~ n ~ t a l l @IS, its, etc.)

d i t c ~ ~ s thereof.

otherwise to r e ~ a i n in full force and effect.

e x e ~ u t i ~ n of this est V i r g ~ ~ a Divi

P o w e r - Q f - ~ ~ o ~ e y are a

~ ~ r b a t i m r ~ p r o d u ~ t i o ~ of notarized s ~ ~ n a ~ e ~ and

(SEAL) (SEAL)

c

Its arl s. Gene aer

PAGE 2 OF 23

Given under my hand this

, a Notary Public in and for the County and State

who signed the f o ~ g o i n g writi

tin^ to be the act an said c o ~ o r a t i o ~ .

STATE OF ¶

1, , a ~ o t ~ y Public in an for the County and State a fore~~id , do hereby certify that

3

who ~ ~ g n e d the foregoing writing b e ~ i ~ g date the day of 3 20 , for

No ic

ns By These P ~ s e ~ s , that ~ERCHANTS EON DIN^ ~OMPANY MUTUAL^ and ~ERCHANTS NATIO~AL BONDING, INC., oralions of the State of Iowa (herein ~ l ~ e ~ ~ e ~ y called the ' ~ m ~ a n i e s " ) do hereby make, constitute and appoint, individually,

Gregory T Gordon; John Steven LeRose 11, K i m ~ ~ y J Wiikinson; Patricia A Moye

their true and lawful A~otney(s~in-Fact, to sign its name as sureiy(ies) and to execute, seal and ackno~edge any and all bonds, un~e~akings, contracts and other written insmtments in the nafure thereof, on behalf of the Companies in their business of guaranteeing the fidellty of persons, guarantee in^ the performance of contracts and executrng or guaranleeing bonds and unde~akin~s required or ~ ~ i ~ e d tn any actions or proceedings allowed by law.

This P o ~ r ~ f - ~ ~ o m e y IS granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of ~ e r c h a n ~ B ~ d t n g Company mutual) on Apnt 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of M e r ~ ~ ~ t s N a t i o n a i Bonding, Inc , on October 16,2015

"The President, Secretary, Treasurer, or any A s ~ i s ~ n t Treasurer or any ~ s ~ s ~ n t Secretary or any Vice President shall have power and authority to appoint A~omey~'n-Fact, and to authonze them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, ~ ~ i z a n ~ s , cantracts of i n d e m n ~ and other wrltings obligatory in the nature thereof "

"The signature wf any authorized officer and the seal of the Company may be affixed by fa~imi le or electronic ~ a n s m i ~ i o n to any Power of Attorney or tion on thereof a ~ h o ~ ~ n g the execution and delivery of any bond, unde~king, r ~ n ~ n ~ , or other suretyship o biigations of the Company, and such si~na~ure and seal when so used shalt have the same force and effect as though manually fixed "

In connection with obligations in favor of the Florida Depa~men~ of ~ranspo~a~ion only, it is agreed that the power and aut honty hereby given to the A~omey-in-FaGt includes any and all consents for the release of retained ~ r ~ n ~ g e s and/or final estimates on engineering and construction contracts r e q u i r ~ ~ by the Stale of Florida D e p a ~ e n t of Transpo~ation It IS fully understood that consenting to the State ofFlorida Department of ~ r a n ~ ~ a t ~ n making payment of the final estimate io the Contra~or and/or its amignee, shall not relieve this surety company of any of its obligations under its bond

in c o n ~ c ~ n with obli~ations in favor of the K e n ~ u c ~ ~ p ~ ~ m e n t of Highways only, it is agreed that the power and authonty hereby given to the A ~ ~ r n e y - 1 n - F ~ ~ cannot be m~~~~ or revoked u n l ~ s pnor en personal notice of such intent ha6 been given to the Comfflissioner- Depa~ment of Highways of the ~ m m o n w e ~ ~ h of K e n ~ u c ~ at least thirty (30) days prior to the m o d ~ ~ ~ o n or r e v ~ ~ o n

BY

'e.. .......: h

I @ . I * ,y*, *,***- -, STATE OF OW^ COUNTY OF DALLAS ss. On this this 6th day of March 2038 , before me appeared Larry Taylor, io me ~ e r ~ ~ ~ l y known, who being by me duly sworn did say that he is P~esjden~ of ME~CHANTS 3ON~lNG CO~PANY ( ~ U T U A ~ ) and ~ E ~ ~ H ~ ~ S N A ~ I ~ N ~ BONDING, INC.; and that the seals affixed to the f o r e ~ i n g in of the ~ m p a n j e s by a ~ o ~ of th '

of the Companies, and that the said instrument was signed and sealed in behalf

NOf@ly Pubk (Expiration of notary's commission does not invalidate tfiis instrument}

I, ~ i i l i a m Warner, Jr., Secretary of CHANTS B O ~ ~ I N G C O ~ P A ~ Y ( ~ U T U ~ ) and ~ E R C H A N ~ S NATI~NAL ~ O N D I ~ ~ , INC.. do hereby mrtiiy that the above and foregoi is a true and correct copy of t k ~ O W E R ~ ~ - A ~ O R N & Y executed by said Campanies, which is stlll in full

In W ~ ~ s ~ ~ r ~ ~ , I have h e ~ n t o set my hand and affixed the seal of the Go has not been amended or revoked.

Un ~C~~~~ ~~~1 Rewurws CMlrwverim swvke 1550 Earl Core Road, Suite 200 Morgantown, WV 26505 (304) 284-7540 (Phone) (855) 857-6448 (Fax)

July 8, 2016 Harry E. Taylor

1550 Earl Core Rd, Suite 101 Morgantown, WV 26505

USDA-RD

ste r o v ~ ~ e n t ~rojec t ;

Mr. Taylor,

This is to acknowledge receipt of your request for evaluation of important farmland related to the above referenced project in Kanawha County, WV. This important farmland information was requested in order for you to assess the environmental impacts of the proposed project in accordance with the National Environmental Policy Act.

The Farmland Protection Policy Act (FPPA - Public Law 97-98, 7 U.S.C. 4201) established the farmland conversion rating system to evaluate the impacts Federal programs have on the unnecessary and irreversible conversion of farmland to nonagricultural uses. Projects are subject to FPPA requirements if they may irreversibly convert farmland (directly or indirectly) to nonagricultural use and are implemented or assisted by a Federal agency. Assistance from a Federal agency includes loans, financial and technical assistance.

Based on a review of the submitted documents, aerial photography, and the soil survey mapping it is determined that this project important farmland, and is therefore not subject to Farmland Protection Policy Act.

t impact prime or other

If you have any questions regarding this determination, please contact Jared Beard, State Soil Scientist at 304-284-7597.

Digitally signed by JARED BEARD DN c=US, o=U.S. Government, ou=Department of Agriculture, cn=JARED BEARD, 0.9.2342.19200300.100.1.1=12001000322587 Date: 2016.07.08 21 :27:22 -04'00

Jared Beard Resource Soil Scientist

Attachment: NRCS-CPA- 106

Cc: Julie Stutler, District Conservationist, NRCS, Charleston, WV Norm Bailey, Resource Conservationist, NRCS, Morgantown, WV

U S Department of Agriculture

!I (To be completed by NRCS) Date Request Received B 1 NRCS Julv 5,201d ~~~~~~~~~~g Form, Does the site contain Prime, Unique, Statewide or Local Important Farmland? YES NO Acres Irrigated Average Farm Size

( I f no, the FPPA does not apply - do not complete additional parts of this form) Major Crop(s)

[z1 Farmable Land In God. Jurisdiction Amount of Farmland As Defined in FPPA

6. Distance To Urban Support Services

12. Compatibility With Existing Agricultural Use

TOTAL SITE ASSESSMENT POINTS 1 160 n n n

Date Of Selection

Form AD-1006 (03-02) (See Instructions on reverse side)

STEPS IN THE PROCESSING THE FARRTLAND AND CON\'ERSION IMPACT RATING FORM

Step 1 - Federal agencies (or Federally funded projects) involved in proposed projects that may convert farmland, as defined in the Farmland Protection Policy Act (FPPA) to nonagricultural uses, will initially complete Parts I and 111 of the form. For Corridor type projects, the Federal agency shall use form NRCS-CPA-106 in place of form AD-1006. The Land Evaluation and Site Assessment (LESA) process may also be accessed by visiting the FPPA website, httn://fppa.nrcs usda.eov/lesd.

Step 2 - Originator (Federal Agency) will send one original copy of the form together with appropriate scaled maps indicating location(s)ofproject site(s), to the Natural Resources Conservation Service (NRCS) local Field Office or USDA Service Center and retain a copy for their files. (NRCS has offices in most counties in the U.S. The USDA Office Information Locator may he found at htto.//offices usda eoviscri~tsindlSAP1.dllioip DublicAJSA maD, or the offices can usually be found in the Phone Book under U.S. Government, Department o f Agriculture. A list of field offices is available from the NRCS State Conservationist and State Office in each State.)

Step 3 - NRCS will, within 10 working days after receipt ofthe completed form, make a determination as to whether the site(s) of the proposed project contains prime, unique, statewide or local important farmland. (When a site visit or land evaluation system design is needed, NRCS will respond within 30 working days.

Step 4 - For sites where farmland covered by the FPPA will be converted by the proposed project, NRCS will complete Parts 11, IV and V of the form

Step 5 - NRCS will return the original copy of the form to the Federal agency involved in the project, and retain a file copy for NRCS records

Step 6 - The Federal agency involved in the proposed project will complete Parts VI and VI1 of the form and return the form with the final selected site to the servicing NRCS office.

Step 7 - The Federal agency providing financial or technical assistance to the proposed project will make a determination as to whether the proposed conversion is consistent with the FPPA.

G FOR (For Federal Agency)

Part I: When completing the "County and State" questions, list all the local governments that are responsible for local land use controls where site(s) are to be evaluated.

Ell: When completing item B (Total Acres To Be Converted Indirectly), incrude the following:

1, Acres not being directly converted but that would no longer be capable of being farmed after the conversion, because the conversion would restrict access to them or other major change in the ability to use the land for agriculture.

2. Acres planned to receive services from an infrastructure project as indicated in the project justification (e.g. highways, utilities planned build out capacity) that will cause a direct conversion.

I: Do not complete Part VI using the standard format if a State or Local site assessment is used. With local and NRCS assistance, use the local Land Evaluation and Site Assessment (LESA).

1. Assign the maximum points for each site assessment criterion as shown in § 658.5(b) of CFR. In cases of corridor-type project such as transportation, power line and flood control, criteria #5 and #6 will not apply and will, be weighted zero, however, criterion #8 will be weighed a maximum of 25 points and criterion #I 1 a maximum of 25 points.

2. Federal agencies may assign relative weights among the 12 site assessment criteria other than those shown on the FPPA rule after subm~ttjng individual agency FPPA policy for review and comment to NRCS. In all cases where other weights are assigned, relative adjustments must be made to maintain the maximum total points at 160. For project sites where the total points equal or exceed 160, consider alternative actions, as appropriate, that could reduce adverse impacts (e.g. Alternative Sites, Modifications or Mitigation).

Part Vll: In computing the "Total Site Assessment Points" where a State or local site assessment is used and the total maximum number of points is other than 160, convert the site assessment points to a base of 160. Example: if the Site Assessment maximum is 200 points, and the alternative Site "A' is rated 180 points:

Total points assigned Site A Maximum points possible = 200

~ X 160 = 144 points for Site A I I

For assistance in completing this form or FPPA process, contact the local NRCS Field Office or USDA Service Center.

NRCS employees, consult the FPPA Manual and/or policy for additional instruc~ions to complete the AD-1006 form.

From: Sent: To: Subject:

Grishaber, Chuck <chuckgrishaber@kanawha.us> Tuesday, August 29,2017 2:2% PM Jeffrey C. Todd permit

Jeff

does not require building permits for PSD’s. As per our conversation, we have received the required information on the sewer project, Kanawha County

1

Mr. Earl Burks Union Public Service District PO Box 7350 Gross Lanes, West Virginia 253 13

Dear Mr. Burks:

I refer to the Department ofthc Army (DA) perinit appli~ation received in this o f i ce on August 30,201 7, requesting & ~ t ~ v r ~ z a t i ~ ~ for the temporary ~ i ~ c h a r g ~ offill m a t ~ r i ~ l into waters ofthe United Siates in conjunc~i~n with the Union Public Service District (PSD) Sewer Sewice ~xte~tsion Project. The proposed project would include the r ~ p ~ a ~ ~ ~ n e ~ t arid e x t ~ ~ i s ~ o i i of a totaJ of 307 linear feet (If) of sewer line at ~ h ~ ~ y - ~ i ~ ~ ~ (38) singlc and complete locations. The proposed project is located near Cross Lanes, in ~ ~ a w ~ a County, West Virginia at a ~ ~ r ~ x ~ ~ ~ ~ l y latitude 38.43447G, longjtu~e -&I ,77855 . The project has been assigned the following file number: LRH-2~15-643- KAN. Ptease reference t h i s number on all fbture correspondence ntated to this project.

The United States Army Corps of E ~ ~ i ~ ~ ~ ~ ~ ' (Corps) authority to regulate waters of the United States i s based on the definitions and h i t s of jurisdictioii contained in 33 CFR 328 and 33 CFR 329, Section 404 ofthe Clear1 Water Act {Section 404) requires a DA permit be obtained prior to d i s c h a ~ ~ i n ~ dredged andor f i l l materia! into waters of the United States, including wetlands. Section 10 oftltc Rivers and Iiarbors Act of 1899 (Section io} requires a DA permit be obtained for any work in, on, over ox" under a navigsble water. Based on youf d ~ ~ c r i p t ~ ~ ~ ofthe proposed work, and other infoimation available to us, it has been determined that this project will involve activities subject to the requirements of Section 404.

According to the j~formation provided, you have requested DA a ~ t ~ o r ~ z a t ~ ~ n for the t e ~ p ~ r ~ r y discharge of511 material along a total of t 31 l ~ o ~ ~ ~ ~ ~ i ~ y - ~ ~ i ~ e (23) different streams at twenty-four (24) single and complete project locations in c ~ I i j ~ n c t ~ ~ ~ with the i ~ ~ ~ ~ ~ ~ ~ e ~ t and extension of a sewer line. ~ ~ ~ t ~ a ~ d 1 is located within the project area. In the ~ ~ ~ f f ~ a t j o n provided, you iiavc i i ~ d i c a ~ ~ d there will be no discharge of f i t1 material associated with Wetland I . Please reference the & t t a c ~ ~ ~ Table 1 for crossing location and length. The proposed d~sc l ia~g~ offill material w ~ u ~ d occur during low flow conditions and would only affect tlte lenj$h necessary to replace the sewer line. Arty temporary s ~ u ~ t u r e s associaled with the sewer line i ~ ~ t a l ~ a ~ i Q ~ would be removed after project j ~ ~ p ~ e ~ n ~ n ~ ~ i o ~ and the stream woutd be restored to its ~ r i g i ~ a ~ contours, The purpose of the proposed project is to provide sanitary sewer services to new c ~ i s t o ~ ~ ~ '

Printed an R e w e d Paper

-2-

a total of 173 lfof ~ w e r line woul be ins~lied using a ingle and c ~ m ~ l e t e l~cations along four (4) different bIe 1 for crossing l o ~ a t i ~ ~ and length. A DA pennit is not

d i ~ c t ~ Q n ~ 1 bore rn s t ~ a ~ s . Please re

Based on your d e s ~ ~ ~ t j Q n of the p ~ ~ p o s ~ d work, and other i n f ~ ~ ~ ~ o n available to us, it has - .

on our website at

This ~ e r i ~ ~ ~ t ~ ~ ~ is valid until the N r ~ ~ s s u e ~ , or revoked. AI1 of the e x i ~ t i n ~

the ~ e I e v ~ ~ na~~onwide permit is rn

are this n ~ t i ~ ~ ~ i d ~ p ~ ~ ~ t a , state or local authori~tion~ re sup~ l i~d to your projec~ en

v e r i ~ c ~ t i o n ~~~~r must be kept at the site

nion PSD ~ ~ w e r Extensi IS office. If you have an the S o u t ~ ~ r a n s ~ o ~ a t i

Since~l y,

E n ~ l o s u ~ s (Next Page)

CG:

MI-. JerTery C. Todd The Thrasher Group, Inc. 300 Association Drive Charleston, West Virginia 253 t 1

-3-

Ms. Susan Pierce West V ~ ~ ~ i ~ i a Division of Culture and History

1900 Kanawlza Blvd., E. ~ ~ a r i ~ s ~ ~ i i , West Virginia 25305

FRB: 15-868-KA-4

-4-

-5-

1

Limestone Branch #I I Perennial 1 Nan-Section 10, ~ o n - ~ e ~ ~ ~ ~ d 8 I 38.439332 1 -8 1.71 602 Directionat Bore/No Discharge of Fill Limestone Branch #2 1 Perennial 1 Non-Section 10, Nun-Wetland 8 1 38.43714 I -81.714875 TempclraryiSewer Line Repfacement

-6-

UBLIC T

Page I of 1

), has concluded that the ng ~ o ~ s ~ c t i o n along L i ~ ~ ~ t o ~ e Road

~ c ~ e ~ l o ~ i ~ ~ r e ~ o ~ c e s . In order to

c o n ~ ~ ~ c t ~ ~ n of the line along Limestone Road atld n ~ c c o ~ ~ ~ c ~ with the r ~ ~ ~ c t i o n s and ~ g ~ i a t i o ~ s

con~ined w~thin the of this ~ ~ t ~ o r ~ a t i ~ n .